Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-06-04

When the superior court opened at 8
O'clock Saturday morning Anthony Higgins,
Esq, Of counsel for the defendants In the
case OF Anthony Reybold VS.. the Delaware
Uity, Salem Il Philadelphia Steamboat Navi-
garon Company, opened the argument for
the defense and spoke until 9.35 o'clock
He was followed by William G. Spruance,
Esq, also for the defendants, who spoke
until 10!45 O'Clock, when he was followed
by Senator Gray, In the closing argument
for the plaintiff. He made powerful and
convincing effort, lasting until so o'clock.
in which he asked for a verdict for the full
amount OF his clients claim, $2,715.81, with
interest from October, 1882, the date Of the
bringing Of the suit.
Chief Justice Comegys then charged the
Jury. The charge reviewed the testimony
on both sides, and held that II tho jury bo-
lieyed Anthony Reybold was authorized to
collect the claim and retain the money for his
own use, they should render verdict In
his favor. But If the directors, In their
capacity as the legal representatives of the
stockholders, illegally used their power
in this case and gave away money belonging
to the company, they could be held re-
sponsible. If the directors were aware that
Anthony Reybold was engaged In working
this case under authority derived from
them, they were bound to pay him for his
labor. At 1887 O'Clock the Jury retired.
In the case Of Rachel A. Mckay vs.. George
W. Mckay, libel for divorce, Henry @.
Turner, Esq, commissioner appointed to
take testimony In the case, made report
In savor Of granting the divorce and giving
che custody OF the child of the parties to
the mother The decree, with the order for
the custody Of the child was granted.
Thomas Davis, Esq, made application
for the setting aside Of the sherilf's sale Of
the personal property of Edward Fenni-
more OF Middletown, on the ground that
the defendant, Fennimore, was permitted
to make the appraisement under which the
property was sold. Austin Harrington, Esq,
In opposition, claimed that the plaintiff was
perfectly willing to accept the appraisement
made by the defendant. Mr.. Davis appli-
cation was made on behalf of other credi-
tors than those on whose behalf the execu-
tion and levy were made. The application
was held under consideration.
John B. Moore, ESD, presented petition
on behalf of certain Italian laborers en-
ployed by Fitzpatrick & McGurgan, to have
the proceeds of the sale of Fitzpatrick X
McGurgan's personal property paid to
them, instead Of to the plaintiffs, for whose
benefit tho property was sold under foreign
attachments. He made his application
under u law making luborers and me-
chanicsss wlges u preferred lien passed
at the session of the Legislature held in
1883 but the court held that it did not ap-
ply because the claimants had not preferred
their claims in the prescribed manner and
established them by trial. II was stated
that the amount of money in court arising
from the sale under the foreign attachment
was $500, while the laborers claims
amounted to between 300 and $500. After
discussion final decision was deferred until
tho September term.
At Las o'clock court took recess until 8
p. m.
At 2.55 p. m. the jury In the case of
Anthony Reybold vs.. The Delaware City,
Salem Il Philadelphia Steamboat Naviga-
tlon Company. which had agreed upon a
verdict and only awaited the return Of the
judges, came into court with verdict for
tho plaintiff for $3,179.s1, being the full
amonnt Of Reynolds claim with interest
from October 31st, 1882, to May 1st 1885.
Following is list of the applications
for licenses to sell liquor granted at the
term of court which ended Saturday after
npon.