Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-05-14
An INTERESTING CASE.
The Right of n Wife TO do business
with Her Husband as an Agent,

Ahe AthEht Ot n WIG 10 40 hublneba
with Her Husband as an Agent.
| Special Correspondence Of Gazette and journal.
DOVER, May THE Kirkley case,
which occupied the attention of the court
for three days, ended yesterday in YER
dict for the plaintiff. The material facts
in the case are MS follows: ..-
james Kirkley, who was doing business
Mt Leipsic, failed in 1879, and his prop
erty was sold by the sheriff. At thnt time,
among other things, he was engaged in
buying and selling salt hay. After his
failure ms the defendant alleged, he con-
tinued the business on his own account,
but the plaintiff, his wife, alleged, on her
account the only change in the manner
of doing business was that in some of the
receipts he gave, he added agent to his
name, and also told number of persons
from whom he bought hay that he was
buying on account of his wife. From
others he bought without disclosing that
he was buying for anybody but himself.
In january, 1881, James Kirkley's cred
itors, believing that the hay belonged to
him and not to his wife, levied on it, in
demnified the sheriff, the defendant in
this suit, and sold the hay. Mrs. Kirkley,
the plaintiff, brought this suit for the
alleged trespass and to recover the value
of the hny thus sold as the property of
her husband, and the main contest was
whether the hay belonged to her in good
faith or to her husband. She maintained
that it was bonn fide and honest arrange
ment, and the creditors denied this, and
maintained that it was u fraud through
out. She proved on trial that
she was in receipt of the
rents and profits of small
farm belonging to her mother, also
that she borrowed money from different
persons, amounting in all to $40. The
defendants, in answer to this, proved that
when her husbands real estate was sold
she became the purchaser to the amount
of over 80, 1905 also, that the expenses
of the family would reach perhaps 81 200
year; they also proved that James
Kirkley conducted his business without
any active participation of his wife. The
question submitted by the court to the
jury, was the good faith of the arrange
ment between James Kirkley and his wife;
if they found it was honest and fair, they
| were directed to find in favor of the plain
| tiff to the value of the hay sold by the
sheriff; if they found it was otherwise,
| they were instructed to find for the de-
| fendant.
The jury found in favor of the plaintiff
| in the sum of $S23.38, being the amount
for which the hay sold, with interest from
the day of sale to the day of trial. Mas
sey and Salisbury for plaintiff; Fulton,
Ridgely and Wolcott for defendant.
DOVER, May 8.-The last case tried at this
| term of court was that of @. Aultman 4
/ Co., against Miles Clark, a citizen OF New
Castle county. The action was an assump-
sit for the recovery of note given by the
defendant for Buckeye reaper and binder.
| The reaper was purchased by Mr.. Clark in
1880, through an agent OF the company,
who, Mr.. Clark said, guaranteed the reaper
/ TO work as well as any machine of the kind.
After the reaper was put up Mr.. Clark testi-
fled that 1t would not work steadily, but
kept getting out Of gear, and had to be
ilxed satisfactorily, hence he refused to pay
for it. j. b. Pennington, Esq, for plaintiff,
and George " Massey, ESQ.,, for defendant.
Verdict for plaintiff, S6O.30.
i The following applications to sell liquor
were granted by the court John NJ. Ford,
Dover; j. W. Belts, Bowers Z. K Smith,
Leipsic Ed. Kroninberg, Woodland Beach
William u. Jacobs, Camden Emory Scotten,
| FELTON,; r. j. Boulden, Frederick; Will
loughby Slime, Milford; Torrance Carvin,
Kenton: Thomas E. Heathers, FELTON,
Michael E. Rily, Clayton; William J. Camp
bell, Clayton d. F. Burton, druggist, Dover.
Court adjourned this evening.
The large beef wagon of Jacob G.. Lewis,
which was stolen last Sunday night has not
as yet been found. Mr.. L. offers reward
SIS for its recovery.
Owing to the dullness of trade Richard
son q Robbins, and Hazel Il Pennewill have
laid off part of their workmen.
The recent rains have made mosquitoes
very thick and troublesome IN and around
Dover. As our mosquito crop last year was
failure, the prospect for this year is that
we will have an unusually large one.