Delaware gazette and state journal., 1884-06-05

first ballot after going out ThursdsJ at
l tsrnoop. After coue ultsti0n with tb,
other justices the chiefjua,ice ordered tn,
; jury to return to ths;r fuIni AID max,
. auother stismpt 10 sgrss upip a vrraiot
In two hours the jury again returned
with efdict. Ga the first two issuei
the verdict vas that the defendant, Johr
/ Maloney, had sigued the bond on which
, Green was seeking judgulsat, aud thai
he had signed II Of his own free Will and
: conse1t Ol the shirl issue, however,
the jury rsr dered verdict to ths effect
; that the signature Of John NaioDey had
| been obtained through the false rspresen-
| tGtions aud fraudulent procurement Of
, Charles Green.
The practical effect OF this verdict Ia
for the defendant, as the fraudulent pro.
ourement vtiates the bond aud leaves
the plaintiff without further issue.
Mr.. Higgins, for the plaintiff, gave
notice that he would apply for new
trial, and then court adjourned until
O'Clock.
In the superior court Friday afternoon
Mr.. Bird counsel for the defense in the case
OF Harry Lape VS.. j. Moir IL Son. made his
opening address, and then offered in evidence
the contract for the erection Of the defen-
dants' cannery. The contract provided for
the erection of the cannery building for the
sum of $32, 1874; a clause OF the contract
provided that should the owner, at any time
require alterations additions or omissions Of,
to, or from the original contract, the differ
ence in cost shall be added to or deducted
from the original cost by q fair and material
valuation ; it further provided for arbitration
in case of disputes between the owner
and contractor. Another clause provided that
no work on the contract would he considered
saNgtro Iagg atf atnu tuI
the contractor to the architect and the lattor's
signature thereto obtained Mr. Bird also
offered tue specifications in evidence, but
Mr.. Nields objected, because they were un-
accompanied by the plans upon which they
were based, and which could not be produced.
The court decided to admit the specifca-
tions, and MIR. Rice, the architect, testified
that they were in accordance with the plans
| of the cannery.
MIR. Bird then offered an agreement on the
part of Lape to construct additional buildings
and various extra work, for the sum of
| $4,000, which was placed in evidence. Mr..
| Bird also offered receipt for $4,000 for pay
ment OF extra work, with an acknowledgement
| that 50, 600 was due also check for ~, 900
on account Of the 5,03u0 balance.
| Mr.. Rice testified that there was settle
ment Of the original contract before supple
mental contract was entered into
j. Nor Clark, one Of the defendants, testi-
| fed that when the walls of the cannery buged
out he agreed to allow $500 towards repair
| ing the damage. Thomas Ii. Hizar built the
retort room and repaired the gateway, at the
suggestion Of Mr.. Lape, and was paid 81, 200.
Before he went to London he had full set
| tlement with Lape for all extra work done.
Thomas b. Hizar testified to receiving
$1,000 for the work done by him on account
of Lape's contract, and with his evidence the
defendant rested.
The plaintiff recalled Mr.. Lape who denied
that he had ever been called upon by Moir II
| Sons to do the work performed by Hizar. This
ended the evidence and court then took re-
cess until 7.30 o'clock.
| The evening session lasted two hours, and
was occupied entirely by arguments of
| counsel.
Immediately after the opening of court Sat
| urday Judge Houston charged tine jury in
the case OF Lape VS.. the John Moir " Son
Company, and at 10.40 O'Clock the jury
| retired.
| MIR. Higgins made motion for new trial
in the case of Green vs. Maloney.
| Il. G. Bradford, Jr, ESQ, applied to set
aside an affidavit of defense in the case Of
Mitchell Il Beck, vs. Cornbrooks. The afii-
davit filed by H. G. Conrad, Esq, for Corn
brooks, attempted to compel Mitchell q Beck
to proceed against the separate estate of Mrs.
Cornbrooks for her funeral expenses,
| although CornbrookH had himself made the
contract with the undertakers. The court
overruled the affidavit.
Charles o. Lore, Esq, made application
for rule to set aside the sheriff's sale of
George and Joseph Prichards farm i'll Mill
Creek hundred. MIR. Lore said the farm sold
for Sl,725, subject to mortgage Of $4,000
and accrued interest amounting to Sl,3l8,
making the total price S7,0i3. MIR. Nields,
who opposed the rule, said the mortgage and
accrued interest amounted to $4,000, making
the selling price 81, 925.
Robert Fitzsimmons said he was willing to
give $4,000 for the farm. He would have
attended the sale, but did not know the date
Levi Ruth said the farm was worth $4,000,
James O. Morrison said he offered $4,000
for the farm five years ago, and he did not
think it was worth less now. Joseph
Pritchard said he ad agreed to sell the farm
to Fitzsimmons if the sherifs sale could be
set aside, and had paid him s40O on account
Ho said Charles NJ. Groome, the purchaser
had expressed Willingness to have the sale
set aside.
After some further testimony as to the
value of the farm Mr. Groome, the purchaser,
was called by the defense. He denied hav-
ing agreed to the setting aside of the sale.
He understood he was paying nearly $4,000
for the farm, and thought this was all it was
worth.
James Morrow said, in his opinion, the
farm was not worth more than ~, 600 George
r. Townsend thought $4,000 was full price,
sell the farm at these figures.
Several other witnesses testified that in
their opinion, the farm was worth not more
than $4,000.
After brief consultation the court decided
to set the sale aside.
In the case of James J Matched IL Co., ,vs. NJ.
Lemon Co., Judgment was allowed the
plaintiff, amount to be ascertained by the
prothonotary, with 10 months stay OF exc
cution.
l. G. Grubb, ESQ, applied for commission
to review the opening OF Choate street,
Nawark from the town limits across the line
of the Baltimore ~ Philadelphia railroad, to
lands OF William Dean. The application was
opposed by Levi O.. Bird, ESQ. but il was
granted by the court and the following com
missions appointed William Bush, Robert
L. Cochran, Jacob Eastburn, Henry A.
Nowland and Joseph l.. Carpenter, Jr.
The court also appointed the following
commission to asscss damages, to ensue from
running the b, ~ p. railroad through the
lands Of William Dean, near Newark
Nathanial Williams, Zadoc A. Poole, John
Pugh, Charles G. Ash, Serick +. Shallcross.
At Ito O'Clock the jury in the case Of Lape
vs.. the John Moir ~ Son Company came in
with a verdict fer the plaintiff, for $3.50. with
interest from Decemmber 2lst, 1881, amount
ing to S5l6.
An lnquisition was held in the case of Israel
V. Lloyd VS.. Edith Davis and a verdict rem
utIGu lOT gGlJtO III laNOT Ol luc pldlutll,
after which the jury was discharged from
further attendance.
John Biggs, Esq, made an argument in
favor of his motion for a new trial in the
case of Joshua Clayton, assignee, VS.. James
Scowdrick and wife
The application was resisted by Mr.. Hof-
fecker, and the court, after hearing the argu-
ment took recess at 2 o'clock until o'clock
Al the session OF court saturday after
noon Anthony Higgins, Esq applied for
a new trial Of the case of Cha.les Green
Va. John Maloney, and Charles B. Lore,
Esq made a similar motion in the case
of Joseph II. Harper vs. Hanson Hsr-
mans administrators. Both wore re-
fused. John Biggs, Esq was more for
tunate Ia his application for q new trial
Of the case Of Joshua Clayton, assignee,
va. James Soowdrick aud wise, which was
granted. After disposing OF some miuor
business the court, at so o'clock, finally
adjourned.
A F44AL ACCIDENT.