Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-06-17
DoYsR
GOOD ACKNOWLEDGEMENTS DcIo-


Good Tcmplars-rcmpcran Dolc-
atos-sunday-choCI Addresses.
Special Correspondence Of Gazette and Journai
Down, June THE Good TemnlArs Of
this place held their annual anniversary
at the rink last night, and q large con-
course of members and friends were
present. Two hnck loads came from
Smyrna and several templars from Moor
ton. The audience was entertained with
singing by the choir, solos, duets and
quartets and Encyclopedias by gentlemen
from Smyrna and Moorton. Mr.. Morrel,
who represented the Good Templars of
Delaware at the late national convention,
spoke for a short time. Frank Whelan
addressed the audience in behalf Of new
lodges and Zadock L. Butler followed
with few "reminiscences of the lodge.
Miss M. A. Crouch gave the history of the
lodge from its organization to the present
time. Refreshments were also served.
The thirteenth commencement of the
Conference Academy will begin on the
Goth and end on the oath of this month.
The programme for the four days is as
follows Sunday, June Goth, 10 30 n m,
in Nj. Il. Church, annual sermon before
the graduating class, by the principal, w.
Il Gooding. AT s p. M, sermon in M. d.
Church, before the school, by the Rev.
Charles A. Hill, A. M.
7 Monday and Tuesday, June 2lst and
22d, examination of classes.
Monday, June 21st, = p. M, in M. d.
church, address before the Scott Literary
Society, by Hon. Bradley Il. Johnson.
Tuesday, June 22d, to s p. m, Art
Reception in Academy Hall, at 8 p. M,
exercises of the middle class, in Academy
Hall.
Wednesday, June 23d, Z p. m. business
meeting of the Alumni Association. At 8
p. M, in M. Z. Church, address before
the alumni, by the Rev. Jacob Todd DID.
Thursday, June Oath, 11.30 II. M, an-
nual meeting of the board of trustees.
AT 8 p M, exercises of graduating class
in court house hall.
DoTER, June 14.-Good Templars of
this county will hold reunion of NIL the
lodges of the county in the Camden camp
meeting woods on the 9Th of July. There
are ~ lodges in the county with MEM
bership of $50,
At tho temperance delegate meeting
held here ON Saturday afternoon the fol-
lowing gentlemen were elected to repre-
convention, which will meet on the 22d
instant @. Pardee, j. Fl. Hopkins, DIR.
Edward Lewes, +. Il. Whelan, William
Taylor and Mr.. Mckee.
j. O. Pennewill, ESD, took charge of
the post office this morning.
N. b. Smithers, DR., Esq, and wife ar
rived here on Saturday evening after a
short wedding tour. They will make
n1pa, ibasy fnt.1ra bona Mr. Snaithara
and his lady have the best wishes of their
many friends for happy and prosperous
voyage through life.
DOVER, June 15.-In addition to the Dla-
mond Match Company case, the following
eases are before the court OF errors and ap-
peals:
error VS.. Joshua Clayton, defendant In
error. Plaintiffs In error were indebted to
| the late Martin i. Walker OF Middletown,
on mortgage of @4 600, which mortgage
| Walker, in March 1876, assigned to Colonel
Joshua Clayton as collateral security for
loan on a promissory note OF Walkers.
Scowdrick and wife,by sundry payments ex-
| tending through period of years, claimed
/ that they had fully paid Off this mortgage be-
| fore they knew of the fact ofitsassignmentto
| Clayton, the assignment to Clayton not hav-
,ug been recorded until after all of said
| payments had been made. Amor s other
| .redits insisted on by the mortgagols in the
curt below was an agreement Of Walker,
| entered into in February, 1873, prior
/ to date of said assignment, to
credit said mortgage indebtedness
i with the annual bill for the hoard and
| maintenance Of wftrd Of Walker, living
| with said mortgagors until arriving ut the
age of q years. In tho trial below the
| plnintiff commended that said mortgagors
i bnl Mt Inn, II n TINA
/ that said mortgage had been assigned to
him, and the court instructed the jury that
i after such notice said credit could not be
allowed. To this ruling an exception was
taken, on the ground that II said agreement
to creditor was u valid and binding con-
tract between the original parties to the
] mortgage, such contract constituted an
| equity, which would affect the subsequent
rights Of the assignee, Clayton, who would,
therefore, take said mortgage subject to
such equity, especially as he had failed to
protect his rights by inquiry OF the mort
gagors as to the existence of any rights or
credits affecting said mortgage, and had
neglected to notify said mortgagors of the
fact OF said assignment TO him and ne.
elected to place his assignment or record.
j. II. Hofrecker, Jr., Esq, for plaintiffs In
error, and John Biggs, ESQ.,, for defendant
In error.
James II. Aaron, plaintiff In error, VS..
Duncan Brothers sued James II. Aaron in
the court below, under the mechanics lien
law, to recover bill for hardware fur
nished Aaron in 1892, in the construction OF
row OF houses in Wilmington, and re-
covered II verdict for the amount of their
claim ut the November term 1888. Aaron,
by his counsel, excepted to the charge OF
the court, on tho ground that the jury
should have been instructed to ascertain by
their verdict the precise portion which each
separate house should be liable for, instead
of charging them that they could find Il
general verdict against the entire tract oe-
eupied by the row of houses. Plaintifi's
counsel commended that under the Delaware
| statutes no such apportionment OF theil
, verdict by the jury was possible or requi,
site. This case has now been twice argued
before the conrt of errors and appeals. The
I first time, before tho Judgment was entirely
concluded, Judge Wootten was called away
by telegram, and the second time the argu
ment was concluded but, owing TO the
D doath of the late Judge Whiteley the opinion
of the court was never rendered. j. ii
| Hoffecker Jr., Esq, for Duncan Brothers
, and BENJAMIN Nields for james III. Aaron
This Is a test case, and which ever way 1t L
T | Jnoilnd will settle three other gageS,