Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-12-18
COUNTY COURTS.
Daniel Qulgley VS.. the Mayor and
Council of Wilmington.

; Proceedings of Court.
The case of Albert l.. Hudson VS..
Oliver V. Jamison was started in SUI
perior court yesterday afternoon week
Lore y Emmons for plaintiff and John
II. Rodney for defendant.
The action was made to recover on
promissory note amounting with interest
TO 81 ,063.61. The note was made by
james Garman, in favor Of Jamison and
endorsed by the latter for payment to
Garman's order. There were other en-
dorsers, including Mrs. Garman and
John Hudson, father of the plaintiff,
who took the note up. The defence was
that Hudson, as an endorser, was Jointly
liable with the defendant, who had en-
dorsed the note with this understanding,
and who was therefore liable only for
half of the amount
The case was argued and at Thursday
mornings session of court Chief Justice
Comegys charged the jury. The charge
held that If the jury believed an arraign-
ment had been entered into between
Hudson and Jamison to be co-sureties
on the note, the defendant should be
held liable for only one-half of the note
Otherwise, he was liable for the full
amount, the right TO proceed against all
the endorsers Of a note jointly or against
any one of them, being unquestioned
AT 1920 o'clock the jury retired At
1880 they sent note to the court,
stating that they were unable to agree
and asking to be discharged.
The second replevin case of Annie A.
Dunscith VS.. Martin 81 Dure (the first
resulted in verdict for the plainulr)
was continued until next term on the
application of l.. g. Vandegrift, counsel
for defendants.
The case of Thomas Blal1ely VS.. the
Edge Moor Iron Company, action for
damages on account of injuries sus-
tanned, was also continued until the
February term.
Announcement was made of the dis
continuance of the case of Isabella l..
Forrest VS.. the Wilmington Malleable
Iron Company.
Harry Emmons presented the return
of J. Frank Ball, commissioner to take
testimony in the case of Seraphina S.
Bouer VS.. John Bouer, libel for divorce.
1t recommended the granting of an
absolute divorce, which the court
granted.
In the case of the Union Bank Of
Canada, at Quebec, VS.. James G.
Knowles of this city, brought at this
term of court, Mr.. Emmons asked for
Judgment of the plaintiff, notwinstand-
ing the affidavit of defence The action
is on check drawn on the First
National Bank of this city for S3S9.S3
under date of June 18th, 1890, by JAS.
G.. Knowles, in favor of Louis Mayer tS
Co. 1t was endorsed by the latter and
paid by the Union Bank of Canada,
but on its return to the First National
Bank it was protested. The affidavit
of defence, Mr.. Emmons said, was
general denial, on the ground of fraud
setting forth no particulars.
5. W. McCaulley said that the con
tention of the defence was that the
check was endorsed payable to the order
of Il. A. Ogleby, and paid to him by the
bank They knew nothing about this
party, and on this ground urged the
claim of fraud in the proceedings.
The court held the affidavit of defence
to be insufficient, and gave Judgment in
favor of the plaintiff.
A. Is. Cooper, representing the plain
tiff in the case OF Samuel Guthrie vs..
k1fhel M. Clark, action on mortgage,
asked for judgment, regardless Of the |
defendants affidavit Of defence. The |
mortgage is for $4,000, interest payable |
in May and December, with the stipula- |
ton that in defaultof interest the whole |
debt is to be due in the event of pay |
ment not being made within go days.
The interest due on May Both was not
paid within the required limit and suit
was brought.
John Ii. Rodney, representing the de-
PENDANT, commended that an agreement
had been made to waive the forfeiture
if the interest was paid before the No
vember payment became due, and that
payment of the interest duo had been
rendered before November and refused.
The court refused Mr.. Cooper's mo-
ton for Judgment at this term. The
property involved is the Hamburg farm
near New Castle, 300 acres, on which
Mr.. Guthrie holds two mortgages, one
for $4,000 and one for $4,000.
In general sessions court N. w. Davis
argued his motion for a new trial in the
case Of George Wilson, colored, CON
victed of burglariously entering the
house of John Pyle, with intent to com
nit larceny. His grounds were that the
verdict was against the evidence and
the charge of the court, and that new
evidence had been discovered since the
trial.
Deputy Encouragement Davis com
batted the motion. The court refused
to grant the new trial when Wilson was
brought into court and sentenced to inn
for three months.
Court took a recess until $50 O'Clock
p. m.
There was n rather funny termination to
Che suit of Albert H. Hudson VS.. Oliver "
Jamison, i'll superior court. in the after
noon. The contention was as to whether
the defendant was liable for all or only
one-half of q note for $1,000, which he had
jointly with others, and which
had been taken up by the plaintiff. The
jury stood 10 to in favor of allowing the
plaintiff the full amount, and the two
showing no intention of yielding the court
was asked to discharge the jury from fur
ther consideration of the case
Meanwhile, counsel on both sides
effected an agreement, the plaintiff con-
senting to accept a Judgment for one-half
Of the amount involved. The agreement
was reduced to. writing signed by counsel,
by the court and sent in to the
Jury, This action, Of course, relieved the
Jury of all responsibility, and all they had /
% do was to render Il formal verdict for
The plaintiff for the amount agreed upon. /
All the jurymen saw this executing Fore /
man Abram Mote, who still insisted that
he jury should render verdict in accord I
lnce with their own Judgment and he i
held out for awarding the plaintiff the
null amount As he would not change the ,
ury went into court and reported a con /
inued disagreement. The court informed i
hem that they could without violating i
heir oaths, formally render verdict for /
he amount agreed upon by counsel, but
till Foreman Mote could not see it in that !
light and the jury was discharged !
Then, bV direction of the court and in / I,