Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-06-04
THE MAY TERM OF COURT
ANTH0NY REYBoLD GAINS HIS
STEAMBOAT SUIT.
The Names of Those Who Were
Granted the Privilege 20 Sell Lii
quOr-AdJOurnmen

~fAuttu hhe EThVneHB To SCH Lis
quOr-AdJournment
All of yesterday afternoon week. session
of the superior court was occupied in argu-
ment of the motion for nonsuit made
by the defendants attorneys in the case
of Anthony Reybold vs.. the Delaware
City, Salem q Philadelphia Steamboat
Navigation Company. Mr.. Higgins, for
the motion, continued the argument he
began at the morning session and con-
cluded ut 4.25 o'clock. Then Mr.. Brad
ford, for the plaintiff, argued against the
motion for nonsuit, and detailed at
length the reasons why the case should be
allowed to go to the jury. He spoke
until O o'clock, ut which hour court ad-
journed until 10 o'clock Thursday morn
ing.
During the afternoon an inquisition
was taken in the law library, in the case
of the Domestic Sewing Machine Com
pany vs.. Francis s. Bradley. Verdict for
the plaintiff for $571O.
All the judges were on the bench when
the superior court opened at 10 o'clock,
Thursday morning.
In the case of Rachel Mount vs.. Will
liam II. Mount rule was issued and
made returnable at 8 O'clock Saturday
morning, requiring William H. Mount to
show cause why the Judgment on replevin
in the case should not be opened and the
case proceed to trial.
Then Edward G. Bradford, Esq, re-
sumed his argument against the defend
ants motion for nonsuit in the case of
Anthony Reybold VS.. The Delaware City,
Salem, Il Philadelphia Steamboat Navi-
gatian Company. He spoke until 1910
o'clock, when the case was suspended
until o'clock, Mr.. Gray, who will follow,
not wishing to have his argument inter
ruptod by the noon adjournment.
Adjourned until o'clock, p. m.
The entire session of superior court,
In the afternoon, was occupied by ar-
gument on the motion for nonsuit in
the case of Anthony Reybold vs.. the Del
aware City, Salem IL Philadelphia Navi-
CATION Company. Hon. George Gray, in
opposition to the motion, spoke for over
an hour, and was followed by William @.
Spruance, Esq, of defendants counsel,
who argued in favor of the motion, and
occupied the attention of tho court until
O o'clock, when an adjournment was taken
until 10 O'Clock Friday morning.
Argument was resumed in the superior
court Friday morning ON the motion of
nonsuit in the case of Anthony Reybold
VS. the Delaware City Salem and Philadel-
phia Steamboat Navigation Company.
Mr.. Spruance, for the motion, commenced
speaking Immediately after the opening of
court, ut 8 O'clock, and continued until
IL. Mr.. Gray then spoke for about five
minutes, giving some additional citations,
after which the court through Chief
Justice Comegys, denied the motion for u
nonsuit and said the case ought to go TO
the jury.
Mr.. Higgins then opened the defend
ants side of the case in II brief address to
the jury. He claimed that no contract
was ever make by the steamboat company
directors with Anthony Reybold, with
respect TO the claim of the steamer Swan.
He said it originated in the fnct that
Anthony Reybold was indebted to the
New Castle bank, on papers on which
Barney Reybold was security, and pro-
posed TO Barney to get the claim and
apply it TO the debt
William Reybold, president of the de- |
fendant company, and brother of the
plaintiff, said the steamboat company
never made any contract with Anthony
Reybold for the collection of the Swan
claim. He denied that Mr.. Clyde Ind
ever said to him that il would be dis
honorable not to allow Anthony Reybold
10 collect the claim after having put it in
his hands. He also denied all the asser-
tions made by Anthony Reybold in rela- 1
tiOn to having assented TO the collection
of the claim by the latter, and denied that |
he ever had any conversation with
Anthony in relation to the subject.
Pending the examination of this wit
ness, court, Mt o'clock, took recess
until 3 p. III.
The argument ON the motion for rule |
on the Delaware Il Atlantic Telephone
Company, to show cause why n nlandn-
mus should not be issued compelling it to |
place u telephone in the office Of the Bal |
timore u Ohio telegraph Office in this
city, WINS postponed until june 10Th, ut
the request of Il. q. Bradford, Esg.,
counsel for the telephone company, who
said he would have to send to New York
md Boston for some papers necessary to
the case.
On account of the time occupied by the
Reybold case, the chief justice announced
that il would be impossible to have any
more jury trials ut this term, and finally
discharged all the jurors not empanelled
in this ease.
Superior court rcopened in the day after
noon with William ltoybOld on the stand In
the case of Anthony Reybold vs.. the Della
ware City, Salem and Philndelphln Steam
boat Company. MIR. ReyhOld, ON behalf OF
the defense, said he heard his brother
Barney say TO Judge Plummer, II director OF
the defendant company, that ho would not
probate tho Swan claim for the benefit of
Anthony, but that he would probate 1t for
the benefit Of the steamboat company.
A minute of tho directors meeting of
April 1881 citing the adoption Of a resolu
tiOn authorizing the president and treasurer
to file claim against the United Suites gov
ernmont on account of the steamer Swan,
and collect the samo, was offered In evil
dence. ..+..
George II, Morrison, surrogate of Salem
county, N. j., said he has been secretary of
the dofendant company since Juno, 1877.
The Swan claim was first brought to the
attention of the board In December, 1878.
He said there was no vote taken on An
thony Reynolds request for authority. to
collect the claim and the minute In refer
enue to tho subject simply embraced what
Mr.. Clyde said. He never knew the subject
to he brought up before amy meeting OF the
stockholders.
William Plummer of Salon, N. j., one of
the lily Judges of the court of common pleas
and orphans court, said ho was u stock
holder and director In the defendant com
pany; has boon IL director since May 1877.
He never knew the subject OF the swan
claim to come before q stockholders moet-
ing. He first heard of tho claim ut Il direc
tors meeting In December, 1878, when
Anthony Roybold's letter was read. MIR.
Clyde remarked that whatever promises
hnd been made Anthony ieybold would be
fulfilled, and all the rest aequiesced by
general nod.
Barney Reybold said he h,d buon stock
holder and director of tho defendant COM
pany ever since its incorporation, He was
also president and treasurer Mt times. He
said the board never gave him any order to
turn over the books and papnrs relating to
tho Swan claim to Anthony ltcybold, anu
that the board paid no attention to tho lat
ter's reduest. made to the meeting of April,
1881, for authority to collect tho claim. The
resolution then adopted authorizing the
president or treasurer to collect the claim
was adopted unanimously. Witness snid
Anthony proposed that II the company
would give him the claim he would apply
the proceeds towards tho payment OF three
iudrment bonds for $4,000 each In the
Farmers Bank at New Castle, on which
witness was security. Afterwards witness
fold James B. Henry that II the company
would give Anthony the claim and Anthony
would agree in writing to apply tho pro-
ceeds to the payment of the Judgments, he
would probate tho claims. MIR. Henry af-
forwards told him that Anthony refused to
accept this proposition, and at subsequent
call announced that Anthony had agreed.
Witness said he then declined to have any
thing to do with the affair.
The witness was subjected to cross
examination by Mr. Gray. He Is very deaf,
ls,,-s. n11Afnhnnn