Daily Republican., 1885-05-19
THIRD EDITION
Tni. MORNINGS Court.

Tho Superior Court res umed proceed |
;nna az 10 o'clock this morning, with
Chief Justice Comegys and Associate
.Just,css Wootten and Houston on theI
bench. Immediately after Prothono
tary Maxwell had finished calling tne
names of the jurors, MIR. Nields opened
his argument 10 the jury for the netense
in the case of John K. Calhoun ~ TO-
Va. Warren Harper g 70.
He fully reviewed the agreement pc
tween the parties, and claimed that the
changa of the firm name was only for
the purpose OF giving them the oppor,,
tunity TO violate the agreement, ana
sbirk the payment of the amount which
they had promised to refund at the end
of six months as discounts. He also
called attention to the fact that tie
claim made OH Warren Harper & Co
nv the plaiptiffs was for SS8.14, but suit
"a now brought for S109 So. Mr.. Nields
continued his able argument until IL
O'Clock. when he closed by than king
the iurv for their attention, and TOOK
his seat.
Mr.. harrington then commenced his
closing argument for the plaintiffs, and
explained the difference in the amount
claimed, slO9 SIS, and the amount for
which the draft was drawn, $SS.74 be
said the bill was for the first named
sum, but when the firm OF warren
Harper & Co. claimed the discount
according to their agreement Win the
Semple & Berge Company, John ~
Calhoun & Co. agreed to submit 70 IL,
tather than have any trouble, put as
.,yen that amount was not paid, tney
now claim the full amount of the bill.
He also called attention to the deposi-
tion Of one of the witnesses, stating that
the firm of John r. Calhoun x
Co. had no connection whatever with
the Semple & Berge Manufacturing
Company, and were not bound by any
contracts made by them. He spoke FOL
40 minutes, and when he closed the
iurv were charged by the Chief Justice
aud retired at IL. 40 o'clock.
A Jury was then drawn In the case O
John w. Crumbaugh vs.. William b
jackson. with Charles B. Lore ant
Harry Emmons, Esqs., for the plain
tiffs. and Benjamin Nields, Esq :, tor tn
defense. This ia suit in repieven, Il
which the plaintiff seeks to recover 10
goods seized by the defendant on a ois
trsss for two months rent due, and l
arrears, the facts of which are as 10
lows:
The house, which is large douo
one, Is SltuAt6u III hoChcooih, ohu '"
occupied by William B. jackson uni
1882, when he rented the east half
Thomas M. Robinson, at an annu
rental of 800, payable in monthly
stallments. At the time of renting IT
Mr.. Robinson, Mr.. jackson reserv
for his own use the other half, and
the basement.
A few months after this arrargemt
had been effected Dr.. Crumbaugh loca
at Hockessin ami rented the basem
from Mr.. jackson at $25 per year for
office, but afterwards wishing to RENE
his family to the place, rented the p
occupied by Mr.. jackson at $l00 II
September to March 18th.
1t was claimed that after March 20
the plaintiff failed to pay the rent
two months, and his goods were SELF
but afterwards replevined.
William B. jackson was sworn,
testified to the fact of leasing the pl
erty, and was about to proceed
his testimony when objection
raised by Mr.. Lore, and after dis
sion between counsel, the jury was
charged until 3 o'clock this aftern'
to allow Mr. Lore time to procure an
or witness from Hockessin.
At12.45 o'clock the jury i'll the
of John r. Calhoun & Co. VS.. Wa
Hsrper & Co came in with vel
for the plaintiff for $lO9 90, and int
from January 1st., 1888. Court
took a recess until 8 o'clock, this
noon.