The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-02-16
FIFTH EDITION.


This mornings session OF the SUI
perior Court convened at 10 o'cloek,
with Chief Justice Comegys and Assoc
ciate Judge Cullen ON tho bench Sew
eril cases were called for trinl, but as
neither side were ready they were CON
tinued. The case Of Samuel Speak
man vs.. Mary Carter was finally taken
up, with Lore Il Emmons for the plain
till, and William 5. Hilles, Esq, for
the defense.
This Is an action in replevin to re-
tain ownership In certain goods levied
upon by the plaintiff. tho issue being
to ascertain whether or not the plain
tilt had right to seize the goods. The
facts OF the case, as stated to the Jury
by Mr.. Lore, are that on October IA,
1859, Mary Carter, the defendant,
bought SiS9.99 worth of furniture
from the plaintiff, Samuel Speakman.
She paid n certain amount at thu time,
and the remainder was to be paid in
instruments of IS week.
After paying $50 up to April Z, 1890,
she defaulted, and the goods were
seized by order of the plaintiff ON a
writ of repleyln, but only part 10
covered.
Samuel Speakman testified to the
fact of the goods being bought and
not paid for according to agreement.
The understanding was that they
were to be considered as rented and
liable to DO taken by the witness, in
default of payment Of the weekly in
stalment, until the whole sum OF
SlS0.@ was paid.
When the levy was made lie reeov-
cred part OF his goods, but they were
In very bad condition. They were
worn and damaged SO badly that they
had to he sold as secondhand goods.
A contract to this effect, signed April
81, 1850, was shown the witness, anti he
identified II as the one the defendant
had signed.
When she bought the goods she
statsd to the witness that she intended
to star II boarding house at No. TIA
French street. Wien the witness called
upon the defendant for his money she
made number OF excuses. and said
her boarders did not pay her He
| finally wrote her Il note, saying that
| unless the goods were paid for he
would have to take them away. AS
no attention was paid to this demand
| he had the writ issued.
Mrs. Elizabeth Thompson testified
that she, with her husband and child,
went TO Mrs. Carter's as dodgers on
| October 10, 1889. They remained in
| that way for two weeks and then com
| men"eu taxing taOle board, winch was
continued until January ~, 1890, when
they left. She knew about tile gooda
and knew they were dirty and very
much worn.
All the arrangements about board
were made with Mrs. Carter, but the
board was paid to her husband.
| Ada Tong, upon being sworn, testi-
fled that she is employed as Il clerk by
Samuel Speakman. She remembered
when the goods were bought, and was
certain they were bought by Mrs.
Thomas Carter. In making out the
contract she made an error, and
charged them to Mr., instead OF Mrs.
Thomas Carter.
Edward ID. Rhinehart testified that
he is employed by Mr.. Speaknan, and
remembered when Mrs. Carter bought
the goods.
Elwood Thompson, the husband oil
Elizabeth Thompson, corroborated the
testimony she had given, and also 5lid
that he is now e,ping the place rs d
lodTing house. ..
At o'clock court adjourned until
ESQ o'closk this afternoon.