Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-12-09

being that the verdict was contrary 10 the
evidence.
S. B. Cooper, Esq, then resumed his
argument in support of his application
for writ of habe0s corpus in the case Of
big Frank" When he concluded
Deputy Attorney General Biggs made the
closing argument in support Of his mo-
tion TO dismiss tho application, oftor
which the chief justice gave lengthy
decision, overriding the motion to dis
miss, and saying that he would set day
during this term to hear argument ON tho
application.
The case of f. A. North d Company VS.
John Il. Dehau was taken up for trial and
a jury drawn. Tha plaintiffs were repre-
sented by Thomas Davis, Esq, and the
defendant by John H. Rodney, Esq This
is n very interesting case, and the result
will probably establish precedt MT in
this State in reference TO persons tnying
goods on instalments. On May 7th. |
1884, Mra. Mary @. Wood who ~ That
time resided at Third aud Tatnali streets,
bought an organ from William II Muiien.
the agent in this city of the Wilcox "
Gibbs Organ Company, for $ll5
which she agreed TO pay for
in % monthly instalmen,s of SIS each, $5 |
being paid when the agreement WIS
signed. This agreement was mnde in |
such manner that there was no transfer |
of ownership, and Mis- Wood only |
became renter of the instrument OF 95 |
per month, with the condition that If she |
made the payments punctually until the |
BIS was paid, then the instrument was |
to become her property, but if on the |
other hand she failed to make the pay
ments, the agent was empowered TO seize
the organ, aud all Mrs. Woods rights in
it were to cease. She also agreed not
to sell or lease 1t to any other
person or to remove it from No.
800 Tatnall street without written
consent from the company. When she
had paid $l0S on the organ, circum-
stances arose which caused her TO relin-
quish housekeeping, and she disposed of
the organ 10 John 4. Dehan, residing near
Front and Adams streets. As soon as
William II. Mullen, the agent Of the com.
pany, aseertaincd that the organ had
been, sold, he obtained writ of replevin
and proceeded TO Mr.. Dehan's house, uc-
| ccmpanied by deputy sheriff. He de-
| manjed the organ, and when Mrs. Dehen
| refused to give it up the deputy sheriff
served the writ aud seized IL, aud this
| suit is brought to establish ownership.
These facts were testified to by William
| H. Mullen, and F. A. North, the Phila.
/ pdelhia agent of the company, who were
/ the only witnesses examined for the plain
| tiff. As soon as Mr.. Davis announced that
he rested his case, Mr.. Rodney moved
for non-suit, on the ground that the
writ of replevin was illegal, as it had been
shown by the plaintiffs witnesses that it
| was issued before q demand was made
| for the property. An argument ensued
| which lasted until $40 O'Clock, when
court adjourned until Tuesday morning
without giving decision.
At the opening Of superior court Tuesday
/ morning Thomas Davis, Esq, counsel for
| the plaintiff In f. A. North d Co. vs. John
| p. Dehan, resumed his argument 10 OPPOSE
ton to the motion OF John H. Rodney, ESD,
/ counsel for the defendant, for non suit.
| Mr.. Rodney replied, favuring bis motion,
| and was followed by Mr.. Lore, who is asso-
| clated with Mr.. Davis, for the plaintiff, In
i opposition. The court then granted the
motion for a non-suit.
The suits Of Kent against the city Of VII.
mington, was about to be resumed, but q
| poll Of the Jury developed the fact thatju y
| man Phillips of Mill Greek hundred W..
absent, he evidently having been detained
by the storm, The court wanted to know
ii counsel were willing to go on with thn
II Jurors, but City Solicitor Turner declined,
and the case went over until "Wednesday.
A jury was next drawn In the case u
Mary r. Hogg vs.. John Morrison, executor
Of Elizabeth W. Lobb, deceased. Levi O.
Bird, ESQ.,, for plaintiff, aud Lore h
Emmons for defendant. Mr.. Bird sAid the
suit was for the recovery OF payment Tor
services in nursing Mrs. Lobb, whom she
attended for about twenty-two years
The claim was for services for five
| years prior to Mrs. Lobbs death. The
plaintiff, during the % years, received from
Mrs. Lobb, who boarded with her, hut $S
| per week, except once whom Mrs. Lobh waR
attacked with smallpox, when she received
$50 for her services in nursing the patient.
rhe amount claimed Is 81 ,6l2, with Interest
! from Aptamher 3d. 1885.
air Bird offered In evidence the plaintiffs
probnted bill aud the copy OF Mrs. Lobb's
will, together with Mr.. Morrison's letters Of
| administration. Mrs. Elizabeth Pennington,
daughter Of the plaintiff, said MIS- IIobh
was her mothers half aunt, and bad lived
with her mother ever since witness was
born She said that for five years prior to
her death Mrs. Lobb suffered with paralysis
and chronic iiarrhGa, aud also bud an
offensive running sore on her leg, below the
/ knee, rendering II necessary TO burn coffee
aud use other deodoriaers TO keeT
down the smell. During all this
Z tine she required constant nursing
+ ,9!ich WAS given by Mrs Hogg. Mrs. Lobl
4 paid 50 per week board up TO about two
t.. is7iS lTttf tfftsas' t{i ;glG Ia AifiiaRS
Nay 1882, she had the smallpox. Ate,
this IN, puid SO per- week. She was nnrsad
through the small Ox Ivy the plaintiff and
her sister. The witness described with
great care and paitieularity the nature OF
! the attention constantly demanded by the
deceased and furnished by the plaintiff
l I Al. IA bn vi
! of age at tho time Of her death, which was
| caused by an attack of laundlce. The wit
ness said that the relatives who received
Mrs. Lobb's money under the will never at
| tended to her during her sickness, but
, occasionally called to inquire after her
i | Witness heard Mrs. Lobb say about two
weeks before her death that she caused
, Mrs. Hogg great deal OF trouble, but che
, should be paid, and told her to come on the
estate for the money. Also heard her say
, on various other occasions that Mrs. Hoge
should be paid for her trouble.
Mrs. Elizabeth Egllton said she lived
opposite Mrs. Hogg's house, No. 9l6 West
, sixth street, during 1884, and visited hel
, once or twice day regularly. She con
stantly saw Mrs. Lobb, and described hel
a condition, much in the manner as 1t was de
/ tailed by the previous witness. Bhe boarded
| | with Mrs. H0gg for awhile, and saw the
| latter's faithful mtnistrations TO Mrs. Lohb
4 Witness also heard Mrs. Lobb tell Mrs
: | Hogg. one evening, that she should be paid
| for all of her trouble. She thought Mrs
Hogg's services were worth at least ~ pei
a | week.
= At the conclusion Of this witness iesti
> mony the court, at 1.05 o'clock, took a re
! cess until 8 o'clock, p. m.
The case of Mrs. Hogg vs. Mrs. Lobbl
. executor was resumed at the session o
superior court, in the afternoon. Tit
|, plaintiff called DR.. L. Kittinger, who testt
q flpd that from September, 1880, until he
deatb. he attended Mrs. Lobb on an aver
= age about twice week. He said she sui
Z fered from chronic erysipelas In her limbs
!, which produced constant ulcorations; sh'
I also suffered from chronic dtarrhoeh ant
! once had an attack Of malignant smallpox
y she had suffered from rheumatism and he
fingers were very much contracted. Durinl
4 thu time he attended her Mrs. Hogg nurset
n tho patient constantly. Daring the attacl
:. of SMALLPOX Mrs. Hoggs sister did most o
y the nursing. He said the work he saw Mrs
y, Hogg performing for Mrs. Lobb was wort
=, from SIS to SO per week. Afterwards ID
Kthinger consulted his visiting pook I'M
q found that he had visited Mrs. Lobb 10
Y, fines. besides numerous visits he made NJ
~ nr7 i. At. Kittinger also testified to attend
y inc Mrs. Lobb, of and on, for about Nv
q wears. and described the nursing service
4 rendered by Mrs. Hogg. He thought thes
y. services we're worth from So to $Sper week
=, Horg from 1878, and visited her frequently
~ ana testified 10 the services rendered Mrs
~ Iohb by the plaintiff. She also heard Mrs
y J,ohb sny that Mrs. Hogg had been yer
Mind to her and would lose nothing by 4
% Another time she heard Mrs. Lobb say ell
y, wOuld like to remember Mrs. Hogg, but tna
Il she had others 10 please besiaes net 1 ~