Daily Republican., 1885-12-09
superior Court.
TUEsDAY AFTERNOON sEssIO N
THE CASE OF ENGLAND VS..
RORBEs d BANKS.
A SUIT IN REPLEVIN.

nOuochcI huu Autnony hi&&iuss Esqe.s
for the plaintiffs, and Thomas Davis
and Benjamin Nields, Esqs., for the de-
PENDANTS.
The case was opened by j. II. Hof.
fecker, Esq, who stated that this was
. suit Of replevin, the facts Of which
are As follows
On the 11th OF April, 1884, the plain
tiff, Aaron G. England, who resides in
Delaware County, was called upon byI
Robert Il. Banks and another man.
The mon said they were from Will.
minEton and wanted to buy Q lot Of
spokes. They inquired Of Mr.. England |
II he knew anything about them, and
upon him replying In the negative,
stated they carried on business In this
city. They wanted him to send two i
car loads at one time, but he told them
that owing to the difficulty Of obtaining |
transportation he could only send onel
at time. This was agreed to, and Mr..
England told them that after he had
sent the last load he would come up 70
this city and they were to give him q
good, bankable note, on three months
time, for the amount.
He sent one Gar losd April nth, and
the other April 26th. About week
later he came to this city and stopped
ht u DlhC hbu1Atu bhOP w h0Ne 49, "-H~.
repaired, and upon making inquiries
learned that the Sheriff was on Forbes
& Banks, and was about to sell every.
thing. Mr.. England then went to their
place of business and fo1nd everything
In full blast, and his spokes being turn
ed. He told them they must either give
him the note according to agreement, or
stop working the spokes, but they refus-
ed to do either. He ascertained that
1.-THE judgment had been entere.. uy
Forbes brother against the firm before
the spokes were bought, and he appear.
ed before the Coroner and replevied
] them, recovering about II 900. He now
brings this suit TO obtain Judgment
against the defendants.
As soon Mr.. Hoffecker had hnished
stating the case to the jury, he com
| menced the examination of witnesses.
Aaron G. England was affirmed, and
| testified that he resides in Delaware
| iCou,lt,. PENNSYLVANIA, about IL miles
| rom tbts city. On April 11th, 1854,
Pohart p Banks and another man
came to bis n lace, but he was away
when they arr .'>ed, When he came
home he founa Banks and the
other man, and hey said they
wanted to buy some spoA ~ Ta toiS
| In business in Wilmington. ne 'o1n Snn
them they could have the spok> tNs
o thousand, and that he weuld ta.
note at ninety days, properly endorse =
in payment.
They agreed TO take them and want
ed two carloads At once. He told
them he could only send one carload
at time, and that after they had re-
ceived the last load, and had sufficient
time to connt them he would oome
and get the note. They told him that
their credit was good in Wilmington,
as they always paid their debts and
could get all the trust they wanted.
He sent the last load April 2Sth, and
drove TO this city May I'd to get
settlement. When he was in Brandy
vino he stopped at Mr.. Elliott's to
have some slight repairs made 10 his
oarriAgo, when something that Mr..
Elliott said caused him to come 70 the
conclusion that the firm WAS not all
right. He went to their place over the
Ohristiana and saw Mr.. Banks, and he
told him the firm was broken up.
He asked for the note according TO
lAgreement, and he said they were sorry
they could not give 1t, Ms erything
had been levied on by the Sheriff. The
witness forbid their using the spokes as
they were his property, but as they
paid no attention 10 the order he called
ou Sheriff Martin, and he told him he
had better replevy them. which he did
May 28th. He recovered IT 900 Of them
but has never received q cent for she
lothers. He delivered over Il 600 oi
them.
The witness was cross'exsmine4 o,
length by Mr.. Eields, but without
1 1T taa
Joseph K. Martin was sworn, and
testified that he Wa deputy Sheriff
under his father In 1884, and made the
llevy upon Forbes & Banks. HI
recollected levying upon lot OF spokel
aud OF man, whom he ascertainsd WA
, Ar. England, coming to him and say
Ing they were his property, and asked
the witness to give them up. He tolc
him he could not, and he obtained I
= writ of replevin, when the spokcs wer'
delivered TO Coroner Smith.
Frank L Smith testified that he wal
lCoroner Of this county in 1884, and re-
Iplevisd the spokes for Mr.. England .
Forbes & Banks', over Market stree
bridge. After the spokes were properl!
/, identified and the bonds entered, h'
delivered them to Mr.. England.
III James z. Webb testified that he hat
L Dstu culplOycu W mfs Snkish -
Delaware County to cut spOkes. IL
1884 he came TO this oity to fdentif!
them at Forbes g. Banks shop.
James Albert Wood testified that b.
resides In this city and 10 clerk Will
lW. & II. Wood on West Front street
In the spring OF 1884 the firm by whom
lie is employed bought lot of spoke
from Mr.. England, and he kept tall!
of them. They were hauled by Wei
| tdie's teams from Forbes 81 Banks. III
spokes we're bought for $18 thousan'
and there was II, 600 in the lot.
Aaron @ England was recalled, ant
6 Testified that after he replevied th
: Ispoke es he sod them to Woods.
A bill In equity filed Septem ber 26th
b 1884, by tho Wilmington Malleabl
Iron Company and William Forbes
against Robert r. and Edwin X. BaDks
4 was offered by Mr.. Hofecker, VIII
said that he proposed to show BY thi
that the a rm of Forbes u Banks wa
IiDsolvent at the time they bought tn
spokea of MIR. England. Mr.. Nield
objected, and after O discussion, whlc
Icontinued for some time the Cour
decided that the part Of the bill relatin
to their insolvency, could be read.
ii Samuel O. Dickenson was affirmed
!. aud testified that in the Spring OF 1sS
he was employed by the Sheriff
watchman at Forbes & Banks, owe
Market street bridge. When be too
tcharse, Mr.. Banks told him tile SPOKE
belonged to other parties and had bee
replevied.
resides in Philadelphia, and Is engage