Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-12-10
SUPERIOR O0URT.
Thn uoenIug's RrseeeaAnEs-
0uee fUaAos sAs Asshsaiss' Lie.

80 49,
Thn uoenisg's Rrssssainss- A
0ueo fUoAos shs Asshsaiss' Lies
s1aRGularC Cpprt rs-oisnesi st 10 o'cl0ck
| ~ fS01ipa, NTH 1hs Chief Justice and
( W661es6 aad Houston on the
GoGh - Judgments In the differen,
0eQo - The Washington and Western
RAilf0Ad Company, and certain persons
mentioned 10 Saturdays report, we're
confirmed, af or . witness had been OK.
smined In reference to the amounts BE-
Ing correct.
The case Of Duncan Brothers ".
James H. Aaron WA then taken up for
trial, with j. H. and r. Hohecker,
Esqs, for the PLAINTIFF, and BENJAMIN
Nields, EsQ., for the defendant.
This 10 an action 70 recover SlS7.67 on
. mechsuics' lien, for hard ware furnish
| ID BY Duncan Br0theYs 70 James H..
Aaron, who ct tho time was . contractor
and used the hard ware In the cOnstruc-
tion Of some houses ut BrowntOwn. The
greater part Of the bill WAS contracted
previous to October Sd. 1881.
Richard Duncan WAS sworn and testi-
tied tlat he is mem ber of the firm Of
Duncan Brothers some OF the goods
charged on the book were sold TO the
defendant by the witness, and others
we're sOld by his brother or clerk. The
goods were delivered At the houses In
Browntown by Aaron y order;tbe witness
had asked Aaron to settle the account
which he had failed to do, although he
admitted that 1t wan correct.
Henry Duncan affirmed, and testified
that he IL member Of the firm Of Dun
can Brothers, hardware dealers he
knew of James Aaron purchasing these
goods /; some Of them were charged on
the books by the witness, some by his
brother, aud others by the clerk; Aaron
never disputed the bill but always said
he wanted to pay 1t; at one time he Of.
fered witness notes for the amount,
which he refused TO take, ss they were
not properly endorsed.
GrOrgeT. Simmons sworn, and testifi.
cd that he IL employed by Duncan &
Brothers a. a general utility man does
not keep the books, but makes entries of
goods sold by him on the scratch book.
The witness recollected selling goods
to James II. Aaron, and identified the
entries on the scratch book ~ having
been made by him he marked these
charges BrOwntOwD, to denote where
the goods we're to be sent Mr.. Aaron
also bought other goods at the same
time, that wore sent to Thirteenth and
West streets.
Mr.. Hoffecker offered in evidence
d eeds conveying the ground on which
these houses stand, from Samuel Forbes
to James A. Haron, and for the
houses and lots from James H. Aaron TO
samuel McClsry.
The casa for the defendant was opened
by Bsnjam Nields, Esq, who said
that while he admitted the fact Of
this hardware having been purchased
he would show that II was nOs bought
for usas0n the houses 1t Browntown,
which were not commenced until the
ensuing December. He would show
that the lien was obtained ON these
houses while James II. Aaron, suffering
under an alteration Of mind, had left
this city, without any clue 70 his
whereabouts
Michael Meaney was sworn, and tes.
tilted that he IL . stonemason he
wall d up the cellars of the houses on
Stroud street in December; the weather
was very cold, and tho witness had
TO thaw tho hydrsnts 70 get water; he
was certain that no work was done on
these houses previous TO Decemb ber.
George Lewis sworn, and testified that
he furnished the br,ck for the houses,
and the first WAS sent December 18th,
1881 was positive that no bricks
had been furnished previous to that
date.
Nelson Morris, colored, testified that
be IL q qnarryman and furnishes stone
for building purposes In 1881 he sup
Piled the stone for the cellar wall Of
seven houses in Browntown that were
being built by Mr.. Aaron. The stone
Was hauled about the middle Of Decem-
ber.
George II. Mccall testified that he Is
employed o. clerk by Charles Warner
& Company and furnished the sand and
lime for seven buildings that James H.
no material was sent to the place until
some time in December, 1881.
James II. Aaron was sworn, and cor.
roborated the previous witnesses in ref
erence to who the work was done by,
and also who furnished the material
and the time when 1t was delivered.
He said the cellars for these house
were not dug until November, 1881, and
the ma,On work was begun In Decem.
ber, and he wonld not have had any
use for hardware until the 6rst joists
were laid.
Several questions asked the witness
by Mr.. Nields were objected to by Mr..
Hoffecker and discussion ensusd that
lasted for some time.
When the exa,ninstion Of the witness
was resumed, he said that he had not
received any hardware from Duncan
Brothers for these houses until Febru.
ary, 1882 he never ordered hardware
until be wanted TO use 1t, and he was
not ready for it at that time.
Court then adjourned until ; O'Clock
| thia ftarnnCu