Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-12-11
AN INTERESTING CASE,
THE SUIT OF DUNCAN BROTH
ERs VI. JAMES H. AARON ON
A MECHANICS LIEN.

kRs VI. JAMES H. AARON ON
A MECHANIC'S LIEN,
superior Court re-cOnvened at 3
clook Monday afternoon with all d
judges present. Thomas Davis, ESQ
asked that judgment be entered for ii
plaintiff In the case of John A Wilst
vs. Bell Il Taylor. Messrs. Bradford
Vandegrift, attorneys for the defen
ant, made no objection, and he motto
was granted.
The case Of Duncan Brothers Y
James H. Aaron was resumed, al
James II. Aaron recalled. He testifie
that he did not know when the lien ";
entered against the property.
On cross-eXaminatiOn by Mr.. Ho
fecker, he said he left this city on tho 2n
Of June, 1882; did not notify any one b,
fore he went that he did not have an,
thing further to do with the Browntow
bouses; went to Duncan Brothers afte
his return and bought more hardware
had q conversation with Richard Dur
can about the amount, and offered {
give a note In payment, but don't reco]
lect how much the amount was,
Had been dealing with Duncan Broth
ers about three years; has not paid tn,
firm anything either by work or money
since his return.
Did not get any hardware for tn,
Stroud street houses until they were un
der roof; think that was in Febuarv
1882; had no use for any hard ware, ex
cept nails, until a house was rooted.
The witness wRs then allowed te
leave the stand, and Mr.. Nields said
he would offer q release of Duncan
Brothers, signed BY Richard Duncan TO,
the firm. Mr.. HOffecker said he would
not offer any objection, and the paper
was read. 1t is dated March 4th, 1882,
and is o release Of claims they then held
against four of these houses for material
furnished.
He also offered another document da-
ted February 18th. 1882, releasing all
claims against the other three houses.
and agreeing to let James, H. Aaron
have and hold, or do az he pleased
with them. Mr.. Hoffecker said he was
satisfied to let these papers 60 to tho
jury for what the Court thought they
were worth.
He, however, wanted it understood
hat these releases we're only for $57. SO,
leaving balance of $l29. 79.
Mr.. Nields said he should certainly
contend that these papers covered the
whole Indebtedness, but the Court,
without deciding the question, ordered
that the examination Of the witnesses
should be proceeded with.
Frank B Carpenter was sworn, and
that he is familiar with the
handwriting Of Duncan Brothers. He
was shown four receipts, and identified
hem as being in the handwriting of
he firm. The receipts were then read
~ Mr.. Nields, and show that on Janu-
'ry 25th, 1882, James H. Aaron paid
duncan Brothers $50; on February
18th, $75; April 10Th, $50; May 9th,
10; making total of $245.
Samuel McClary was sworn and tes-
itied that he furnished the brick for
hese houses ; sent the first load on the |
9Th of December, 1881. The witness
listed the houoes every few days, and
,nows they were nst under roof until |
f'er the first Of February the witnsse
ad purchased the houses June 1st, |
S82.
He had signed q release, and knew
he other creditors did the same or he
,ould not have bought the houses.
he witness had also examined the
5cords in the Registers office, and
ound there were no claims against the
roperty. Mr.. Nields said be would
ose with this witness, and Mr.. Hof.
cker said he wished to call some wit.
esser in rebuttal.
Frederick Robinson was sworn and
stifed that he is City Surveyor he
" been in the Office five years, and it
part Of his duty to furnish lines to
lrties who wish to build. On the 2lstl
September, 1881, he furnished lines to
lmes Fl. Aaron for seven houses at
right and Stroud streets, Browntowp.
Walter Tatnall testified that he is en-
ged in the lumber business, and had
Id lhmber to James H. Aaron in Au-
st, 1881, and also in September he
IL James II. Aaron lumber, which, by
J direction, was sent to Browntown.
Mr. Nields tried hard, on cross.ex-
lination, to break down this direct
'tmony, but the witness was positive,
d said his books woud show that he
W correct.
This closed the testimony, and Mr..
'tfecker made the opening argument
the plaintiffs to the jury. He said
did not wish to say much at this
ge of the proceedings, but he thought
lad conclusively been shown thatI
$ is just and legal claim, and one
those which the mechanics lien
! was intended to cover.
ie said that while they admitted the
idity of the releases presented by
defendant, it was for only as far as
y went. These papers were only
eases for part of the claims, and the
ers still stool against this property.
lie was followed by Mr. Nieds who
lressed the Court in reference to the
vases. After he had spoken for some
g, the Chief Justice ,sa d: "Mr.
Ids, the Court does not care to hear
more on that subject" when that
tleman asked: Do l understand that
Court will not listen to me-? /" The
Of Justice replied: 1--WE do not wish
ear any more on that subject" and
Nields said: There are some six or
IN thousand dollars involved in this
+, and If ! cannot be heard here I
II have to go totha Court of Errors
Appeals"
fter few more passages between
Court and counsel, during which the
IF Justice said he would prefer that
question should be settled by the
IT of Errors and Appeals, MIR.
Ids proceeded with his argument to
jury.
e said they did not deny that this
Iey was owed to Duncan & Brother,
they did deny that it was owed for
lware used on the houses on which
lien had been placed. He thought
ad shown by the witnesses that at
time it WAS claimed these goods
> bought, the ground at Brown
, had not even been purchased by
Aaron.
referring to the testimony of Wal.
'atnall, be taid that he had no
IT about his having furnished Jum-
" he claimed but he was mistaken,