Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1885-05-18
Eff TIL EDITION
superior Com,

The May term of thu G,
IN ana for New Castle Cpe.ior Cod
' A. az Ociook this morning. w',h oP PEI
H us.ace oomsgys and assoc, '.n Gha
tau oui on the bench. The pr,Jud (
ry caiied the names of IN. 'othon|
taken up. ' 'iial list "
ol the loo cases called. % wo.
Ell Tor trial, SO Continued - ~ were maj
settled and referred Ia =" Passed,
Esd Esq, presented to the Court tS h, Bi
cation OF the Baltimore 4 one rne app
graph company for rnle on ,bo rd
ware q Atlantic Telephone anu aIT D D
graph Company, for them 10 ANU anu Ie
snow cause why writ Of ppeaf
should not be issued commit N anaam
10 place q telephone instrnrnann.as th1
omoe o. sne petitioner at tie sou,h.
city. S'feets, u
The petition stated that nm
2lst, 1888, their manager in yanua
made application by letter 70 oNS
mahaffy, manager of the ns,, o.
Atlantic Telephone andT.leg,a,antSHn e
pany, for an instrument IN - ,apu Col
their office, for the better tranl r'ayea
their business. "'acioa
| Ihat not receiving any answer 10
letter, their manager called ON NJ
many, ana was informed thai rha l..
had been sent to the general ofte. 10y
as no had not received anv ansmo,
declined to put in the insirnman.h
petltlon also sets forth that Tho NJ
phone Company have placed ona ~.
Instruments in the office of the w..
Union Telegraph Company, on ,ba
poslte corner OF the street. Tins a;u
them many advantages over tbss '
TONERS. 'ue
II also states that from info,m,
which they have received thew \
every reason to believe that tbs n
ware q Atlantic Telegram and n
phone Company are under the con
OF the Western Union Telegraph d
pany.
Mr.. Bird said he had every reason
believe that at least one. fonr,h ~
business done by the western union \
pany was sent to them BY telenb
and asked that an early day sbouia
sst FOX hearing argument on the an,
cation for the rule, ard the Court
pointed Saturday next as The time
A jury was then drawn and the
of John II. Calhoun & Co., vs. War
Harper Il Co., was taken up for M
with Bates & Harrington, Eso.,
the plaintiffs, and BENJAMIN Ma
Esq, for the defendants.
This IL an action TO recover sl01
with interest from January lat,
for goods sold and delivered, the 4
OF which are as follows: In Octo
1882, John r. Calhoun and sew
other gentlemen brought out the Sem
a. Berge Manufacturing CompsnJ
st. Louis and became possessed Of
their rights.
On December Sth, 1882, the comm
received an order from Warren Had
& Co., of this city, for lot Of spl
bolts, and other goods, amour
TO $l09.65. The goods were shipped
directed, and shortly afterward
received letter from Harper g. q
pany. stating that they always b
discount on their bills with the Sen
& Berge Company. The plaintiffs
swered by letter, stating that
would not allow the discount,
would not have sent the goods
they known previous to ship
the order that Il would be required.
On January Goth, they receive
draft on the Semple Il Berge Comp
from Harper and Company, for 81
which was the amount
after deducting the discount, w
the draft WAS presented 10 Sempld
Berge they refused 10 honor it, as
said they did not owe the defend
anything.
Several times since then the plain
have demanded the money, and q
has not been paid, this suit is brOu
to recover the full amount Of the
with interest.
The evidence for the plaintiff Is
by dispositions of parties in St 10
and Mr.. Harrington had partly read
deposition of John L. Calhoun, W
Court, at o'clock, took recess un1
o'clock this afternoon.