Daily Republican., 1886-12-07
COURT YESTERDAY.
AN INTERESTING CASE ABOUT
AN ORGAN.


Yesterday afternoons session of the
Superior Court convened at 8 O'Clock,
with the Ohief Justice and Associate
Judges present. Immediately after the
opening City Solicitor Turner filed his
reasons Tor new trial in the case OF
the National Dredging Company Va.
the Mayor and Council of Wilmington,
the principal reason being that the
verdict was contrary to the evidence.
The matter was held under considera.
tion by the court.
AS soon as this matter was disposed
of, Mr.. Cooper resumed his argument
in favor of his application for writ of
habeas corpus In the case of Frank B.
Mccoy, and proceeded to cite a mum Der
of authorities in support of the applica-
tion. He concluded his argument at
3.45 O'Clock, and WAS followed by
Deputy Attorney General Biggs, who
spoke until O'Clock, when the court
overruled his motion and decided to
hear argument on the application be-
fore the close of this term.
A jury was drawn and the case of r.
A. North q Co vs.. John P. Dehan was
taken up for trial, with Thomas Davis,
Esq., for the plaintiff and John III.
Rouney, Esq., for the defendant.
This is a case in rep levin. to eetab-
lish ownership in an organ. The plain
tiff let out an organ to Mary G. Wood,
on which she was to pay specified
/ sum every month, the ownership Of the
property to remain vested in the plain
tiff until she had paid certain amour e.,
when the organ was to become her
property.
In the agreement which was made
Mau 7fh 1894 hn luin
| the right to take the organ away if the
rent Of s115 for twenty-five mouths was
not paid pro mptly. Mrs. Wood, on her
part, paid $5 down when she obtained
the organ, and agreed not to remove 1t
from No. 800 Tatnall street, or sell or
lease 1t to any one else without the
Written consent of r. A. North s. &c.
Before the stipulated amount of money
was paid she sold the organ to John z.
Dehan, and the company, upon finding
| this out, took out o writ OF replevin
and secured the organ.
William FL. Mullen was sworn, and
! testified that he leased the organ to
Mrs. Wood on May Z, 1884. He was
shown the agreement, aud identified
his signature and that of Mrs. Wood.
He afterwards learned that she had sold
the organ to John p. Dehan, and he
took out q writ OF replevin ard recova
cred the organ at bis house, near Front
and Adams streets.
On cross examination, he said that
| when Mrs. Wood disposed of the organ
she had made all her payments except
one month and two dollars, or seven
dollars in all. He knew she intended
to sell her household goods, and when
ha spoke to her about tho money due on
the organ she told him that he need not
be troubled about that, as she did not
intend to sell 1t. After he heard 1t was
sold he took out the writ, and in COM
| pany with Mr.. Kyle went to the house
Iof the defendant and demanded it.
When they refused TO give 1t up the
writ was produced and the organ
Sc zed
T. A. NORTH testified that he is the
PhilaGelphis agent of the Wilcox &
Gibbs OrSa Company. He identified
his signature on the agreement,
The plaintiff rested with this witness,
and Mr.. Rodney moved for a Don-sult,
on the ground that the writ of replevin
had been taken out before a demand
was made for the property. This caused
an argument which was con tinued for
some time, and the court fina'ly ad-
journed at 8 80 until 10 o'clock this
morning.