Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1890-01-02
FIFTH EDITION


Superior Court i5r Nov Cssils t.so,ss
convened, Chief Justice Comegys IN "
chair. At Is minutes before 10 o'l'iI
Associate Juatice Houston Appeared
took his seat. AZ 10 minutes M,
O'Clock J. A. Fulton, Esq, Of Dow, |.
suned his remarks to the court in -.
case Of The Birdsall Manu-, fg-.
Company" ". Theodore Ii. Arma,oo.
10 behalf Of the company.
Mr.. Fulton then addressed he IN,
aud said II was very certain that tho 4.
fendsnt bought this machinery, and ~,
he gave there notes for that ma Gfp.,
II was also certain that no objestilb ~,
made 10 the machinery until alter
no9es became due.
The defendant would hardly lrenu,
machinery four years without lindin, or
that II WAS worthless. He appf,'Js
the Jury - honest business men wbeA.
u was the fair thing Tor Mr.. Arm.tfo,
to get tbs nse OF this machinery ian i'm
or i've years aD1 then refuse IL psy h,
II. Why did he not give up the mash,,.
cry the first year he had used m I'M,
was long enough TO fni out whethtra
WAS worth any thing or not. The ii.
covery that the machine after foui Of Ms,
years use was worthless was An af,s,.
thought. The renewal OF Tie no,s' i,
strong evidence that Mr.. Armstrong T. 4
never thought At that tine d retlirpios
the machine and confession Of iulymsuis
upon q chattel mortgage Is another proo;
that the defendant though, that sysry.
thing WAS right.
Mr.. Biggs. In his address to:,he iur
said this was remarkable case 10 .on,
OF its Particular. Along comes a p.ier,
machine uan with new psish,ei
thresher and separator. Mr.. Armntou,
va induced TO purchase ono for tlya
paid note OF $500, and was cr,dlJ
with $500 commissions, which LEFT VI
TO no paid. Mr.. Biggs then went ous
chow how Mr.. Armstrong had been 4.
/ ceived not only In purchasing III
machine but in confessing juds-usl
upon the chattel mortgage he had glu
He had already given $500 for uathh
that was entirely worthless aud AIN
Armstrong ever got out OF II wSs 20,
cureing from every farmer for whom h
worked. Mr.. Armstrong did not kno,
that the engine he bought purporting L,
be . l2-horse power WAS only M s-loh
power.
The man who sold the engine kues
how msny horsepower It was, ard b.
deliberately lied when he told him /, Wv
ls-horse power. A fraud like thai
vitiates any contract.
Mr.. BiRgs In = very lucid mnnus
showed how farmera were liable 10 b,
imposed upon by glib.toDRuc agents
who went through the country scllin
patents, and when such men o. er
United StAtes Senators Psarcs and Wick
ers OF Maryland were taken In BY IL
patent oats swindle at el7 bushsI, ther
was certainly some excuse for an bonei
farmer who made no such pretences
knowledge, In purchasing what pu
ported 70 be an honest thresher. b,l
proved 10 be . swindie.
Chief Justice Comegys, in hls charc
to tho jury, explained the law OF col
tracts, aud left 1t within the province o.
the jury to determine the real woru4
the machine without regard 10 tho MIA
given by the defendant Referring
tho point made by counsel for tho piaE
TIN that no action could be taken TO Il
validate the notes, the Chief Justice al
that used 10 be the law, but OF late yeir
It had been the settled practice that v
long ~ notes remained iu the hands o
those TO whom they were drawn tbel
were subject TO the action of . jury, bu
where they passed into other hands III
face had TO be paid. With these instrg,
lions the jury retired, and after the .,
pointing OF . Jury Of inquisition IN al
other case the court took recess unt
2. 80 O'Clock.