The Wilmington daily Republican., 1891-06-03
THIRD EDITION.
SUPERIOR COURT.


An Of Yesterday Afternoons Session
Taken mp In Hearing the Case Of
Palmer Brothers VS.. William JenIss
Fell.
Court resumed proceedings at $50
o'clock yesterday afternoon with all
the Judges present Nothing was done
until O'clock when jury was drawn
TO try the case OF Palmer Brothers VS..
William jerks Fell. The plaintiffs
were represented by Benjamin Nields,
ESQ, and the defendent by the Hon.
Charles B. Lore.
Thisis suit to recover for one hun
dred and twenty five settees at $3.50
Of Palmer Brothers of Philadelphia for
use at Brandywine Springs. The set
tess were shipped on May 20, 1888 and
reached the Springs May 50.
The agreement was that therewou
be 10 per cent. deducted for cash with
In 30 days, but as eight of them were
broken In transit, the defendant re-
fused to pay for any OF them. He
however did not notify the plaintiffs
until some time in August, when they
refused to take them back, or make
any allowance, on the ground that
they should have been notified at once.
Gilbert +. Palmer q member of the
firm OF Palmer Brothers, testified
that the settees and ten dozen chairs
were ordered by Mr.. Crooks, the lessee
OF the grounds, In Mr.. Fell's name.
he said the goods We're fully equal to
the sample shown him, and were first
class in every respect. They were
6hiL pol in May, and were to have been
paid tor in so days.
Nothing was heard from Mr.. Fell or
Mr. Crooks until August, when a letter
y was received stating that number OF
them were broken on the way, and
THAT the others were not equal to sam
pie. The witness refused TO do any
thing, as they had let the matter run
30 long and made a demand for his
money which the defendantrefused to
pay.
Edward s. Rice testified that lie had
command OF company at the en-
campment held at Brandywine Springs
last August. He saw the settees scat
tered all over the grounds aud in use.
Samuel Speakman testified that ha
visited BraGdywine Springs last Jan
uary, and examined the scttees. He
found them in bad condition.
Settees of that kind should be
bought at &. so TO 50 each, and with
the usage they would get on excursion
grounds, would not last more than
=
The plaintiif rested with this wit
ness, ana Mr.. Lore made the opening
70 the Court and jury for the defence.
Alter stating what he proposed to
prove, he commenced the examination
OF witnesses.
Richard W. Crooks was sworn and
testified that he is the lessee OF the
grounds of William Jenks Fell Mt
Brandywine Springs. Acting under
fnQfrsIsfipna all -
mt the store 81 the plaintiffs, and aftel
examining samples of settees, and
Beeing them tested, he ordered one
hundred and twenty-five.
They arrived on Memorial Day, 1888,
and some OF them were broken. The
settees were not equal to the sample.
as II was mnde OF good, well seasoned
wood, bnt tho ones sent were malo OF
cross grained, kiln-drled wood, and
easily broken. The witness had been
In tho furniture business. and consid.
cred himself judge of wood. The
eette s were not strong, and were liza,
pie TO breek with any ono sitting on
tn m About two weeks alter they ar
a 'ed the witness culled ON Palmer
Brothers and explained about the set
tees, but dad not get any satisfaction
aS the laintlt1s refused to take them
back, or make any allowance for them.
- Det VI btip Selte95 nave been re
paired by the witness himself
There was considerable discussion
between counsel. while Mr.. Crook was
On the stand, in reference to admitting
eertatn portions OF the testimony, nnl
the eesslon was prolonged until 5.1f
O'Clock, when he was allowed to leave
the stand, and court adjourned unit
10 o'clock this morning.
Among the jurors empaneled to try
this cnse is james Smith, colorel
man from White Clay Creek hundred.
With the amount of business nov
before the court it is scarcely proiabl,
that the applications for liquor licens,
will DO considered before next week
end not even then, II all tho case,
marked for trial are taken up.