Evening journal., 1890-12-12
LAST EDITION
CIVIL CASES IN COURT.
Suing for store Biil-Jury Disagrees.
Cases Settled.


Suing for store BiIl-Jury Disagrees
Gases settled.
The first case before the Superior Court
Yesterday afternoon was that of Haughey
& Christ. liquor dealers of Philadelphia.
VS.. Jacob hyatt Lore & Emmons for
plaintiffs LYMAN for defendant 1t was
an action brought to recover 1924 so,
store bill which the plant IFS said the
defeuda Mt had contracted but never
paid
the amount due. and that he had sent
Hyatt several statements Of the debt.
Hyatt claimed he had never received
them George W Ward testified that
he had heard Hyatt tell Christ that the
amount OF the bill was in excess of what
he owed HIM
Jacob Hyatt said he had had business
dealings with the firm for three or four
years, and made payment every SIX
> weeks In 1883 he was indebted to the
firm for a barrel of whiskey, and ordered
another, but It did not come, as he had
failed to settle at the proper time and
had lost his credit with the Philadelphia
house He then began buying from
Francis Kelley in this city, ard in the
absence OF the members Of the Philadel-
phia firm settled with clerk for all de-
mands. The receipt for the amount was
burned by the fire that destroyed his
residence in 1888.
The jury could not aeree in the case of
A. l.. Hudson VS.. Oliver V. Jamison.
Upon counsel on both sides Offering to
compromise on verdict ~ oue-half OF
the amount claimed a statement was
sent to the jury ana it agreed upon
verdict wsrdng the plaintiff one half
of the amount claimed
The case of Haughey & Christ VS.. Jacob
Hyatt was resumed at this mornings
session of the Superior Court Mr..
Hyatt was recalled to the stand and cross
examined by Mr. Emmons de denied that
he had ever written the letters put in
against him as evidence. He said that
he had never told Huey & Christ after the
FIRE that destroyed his home had occurred
that he still had the receipts. the only
receipts saved were in cigar box back
of the bar, and they had no bearing on
the casa. year after he quit dealing
with the firm they took sign worth $32,
which they had furnished him, but made
no demand for the bill
Amos II Christ, a member of the firm,
was recalled to the stand, and said Hyatt
had bought whiskey from him worth
from 500 to $40 per barrel The last
order was for half barrel. he said
that Hyatt had written the letters in
answer to letters sent him by the
firm, and Hyatt's signature to license
application was compared with the
signatures to the letters. AS an expert
he pronounced them identical.
John NJ Carswell teller in the Farmers
Bank, was called as an expert, and said
that in his judgment the signatur s
were the same, allowing for the
lapse of time and national
carelessness that comes over man as he
becomes older He acknowledged upon
cross examination that he might be mis-
taken in the signatures
Mr.. Emmons opened for the plaintiff
and said that the statute OF limitation
was not made to pay debts, and where
debt is really due yet there is no
moral defence and said that no
honest man viii take advantage of that
statute. In this case there was an
acknowledgment of an existing in
de5tedness, and the statute of Limitation
no longer applies, and he believed the
bench should so charge the jury.
He was followed by City Solicitor
Lyman for the defence, who claimed that
the receipts were burned and could not
be offered as evidence. They were in q
garrett.
The transaction was in 1876 and the
fire in 1885, and the case is thirteen
years old, ana in all those years no claim
had been made by the firm until
thirteen years after they claimed
the bill was due. They had
Just set down and waited for thirteen
years until the receipts had been burned
he demanded to know why suit had not
been broughr sooner.
He was followed by Mr.. Emmons, for
plaintiffs, who reviewed the testimony
and attempted to show that all accounts
between the.plaintiffs and defendant had
been accurately kept, and that when
they asked him to pay the bill he
said nothing about the receipts being
burned. He presented letters Hyatt had
written to Haughey & Christ in relation
to the payment of liquor lis.
In charging the jury Judge Cullen
said the case turned upon the point as to
whether the defendant had in the fall of
1888 in a conversation said words
that constituted an acknowledgment
of the debt, or that there was
subsisting demand. But the
acknowledgment must be positive and
not conditional. There is conflicting
testimony in the case that toe jury mrst
reconcile. The jury returned at II 40
o'clock.
The case of Kilby Murphy vs. Joseph
jackson Pierce and Sarah Reynolds, ad.
illustrators, wa continued.
The case of Wilmington Mills Manu-
featuring Company vs. Samuel W. Nc
Culley, was reported to be settled by
referee trial. In the case OF
Joseph Parker Sons VS.. The
T. J. Barkley g. Brothers Com
pany to recover 1902 6i with interest
the plaintiffs received Judgment for the
full amount. Notwithstanding affidavit
for defence; Vandegrift for plaintiff
Emmons for defendant. Court adjourned
until 2 30 o'clock.
A Rroksn Rnttle Pierced MS Thigh.