Delaware gazette and state journal., 1884-05-15
DOPER.


special Correspondence of eazstte and journal.
DOVER, May miller va. Thomas y.
Lacey, sheriff. action of rsplevn. This
case was tried at the last fall term and
the Jury failed to agree. Charles II
B5np, in 1882, was in the cigsr business
on Loookerman street, and had been buy
ing his goods from Bramer & Co., of
Philadelphia, to whom his became in
debted. This claims we're put into the
hands of J. A. Fulton, E.q., who notified
Mr.. Benn of the fact. Mr.. Bspn
asked for indulgence at the hands
of Mr.. Fulton for few days, which WAS
granted. In the meantime he (BenD)
sold cut his stock, amounting 10 5000, to
his brother, George W. Benn, and his
sister, Rebeoca a. Smith, for $75, tor a
note which they had Endorsed for him
to that amount. A few days after
the transfer to the above parties,
of these goods, j. K. Miller, who is
tailor by trade, purchased from them the
remaining stock of cigars, &c., for $50,
giving his note. Charles II. Benn, acting
as agent for the brother and sister, had
already sold considerable OF the cigars,
&c., to different dealers around town.
Miller, upon taking possession, bought
several chairs, stove and few articles
necessary to make things pleasant for his
customers. He also bought from the diff
ferent cigar merchants, several lots OF
cigars, cigarettes, 60, for which articles
he paid cash.
On the 1st of September Sheriff Lacy
made levy upon the entire stock of
goods as the property of Charles H. Benn.
Miller said the goods were hi, and there.
fore made no mention of the articles which
be bought after he took possession. The
Plaintiffs claimed that the sale from
Rebecca A. Smith was fraudulent, and,
therefore, they could pass no title to
Miller. The defendants argued that the
sale was a bona fde one, and the title in
Miller was good. They also contended
that Miller ought to recover the value of
the goods which he himself put into the
store. Chief Justios Comegys, in delivering
the charge, told the jury that Miller
ought to have specified the goods when
the levy was made. The jury returned
verdict In favor Of Brsmer & Co. Fulton
for Brsmer & Co; Day, Wolcott and j.
Psnnewill for Miller.
Littleton Dukes vs. Sargent Collins
aud Albert Collins; action for debt.
Fulton for plaintiff; Psnnswill & Wolcott
for defendants. Verdict in favor Of
defendants.
DOVER, May Court adjourned this
morning.
The five oystermen who xere arrested
and lodged in jail for dredging for oys'ers
in the Dslawars bay, attended by th+i;
counsel Richard Harrington, Esq w-nt
before the chancellor this afternoon end
applied for writ of habsss corpus.
After consultation with Attorney
General Gray, Mr.. Harrington agreed 10
postpone the argument until June 9th,
| The men were committed to jail In default
Of the payment of their fines. Their
vessel has been seized and is now in the
possession of constable at Little Creek
The men said they were Jerseymen and
had been dredging in the Chesapeake
bay. Mr.. Harrington will undertake to
| prove that their arrest was illegal, and
also In oontravsntion Of the constitution.
Annie Pennewill, daughter OF Caleb s.
| Pennewill, Esq, was married this after
noon to DIR. Beniah l.. Lewes of Harring-
| ton, at the residence OF the BRIDES father,
| by the Rev. Mr.. Stonssipher.
The only case tried to-day in court was
that OF James Trimble & Co., va, Hurst,
Miller & Co, on rule to take money on,
of court on petition Of plaintiff. ]. A.
Fulton, Baq for PLAINTIFF; NIB. smithers,
Esq for DEFENDANTS. Verdict in favor Of
plaintiffs. The case was begun yesterday
The children OF the infant school of the
NJ. E. church gave an exhibition this
evening in the church to crowded house
The exercises consisted of singing, dia
,ogues, &c. The little ones were well
trained and the entertainment given by
them was very interesting and enjoyable