Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-04-07
JUDGMENr BIZ DEEA uLr
And the Trouble 1t Caused Two Young
GroceryInen in This City.

The grocery store of Person a. Watson.
at the southeast corner of Third and JEFF
ferson streets, is now closed on an exectl-
ton issued on Judgment by default oh,
tanned against James ii. Pierson, one Of
the members of the firm.
The case is very peculiar one. Last
May Mr.. lierson was arrested On a capias
l. issued at the instance of Frank j. Mere
dith, on charge of SANDER. He claimed
that Pierson had written and spoken of
him to various persons in very deroga-
tory manner thereby injuring his bust
ness reputation and credit Person gave
bail in the sum of 81, 600 for appearance at
court, William Kitchens becoming his
surety
Through misunderstanding of the case
and the proceedings that followed, neither
Pierson nor his surety, Mr.. Kitchens, gave
the matter proper attention. In the first
place they regarded Merediths move
merely as piece of spite work against
Pierson, who had formerly been III his
employ as clerk, as Pierson is confident he
never said word or wrote a line that could
be construed as q reflection upon his for
mer employer. They also looked upon the
move as criminal prosecution, and ex-
pected to be notified when the case was
called for trial. Under this mistaken I'M
preston they failed to secure counsel, but
asked the city solicitor to let them know
being informed Of the nature of the pro-
ceedings, and supposing that some one
was threatening them with an action in
the municipal court, told them they would
surely be notified at the proper time. Then
they waited, and as the days passed on and
no summons was served upon them they
concluded that Meredith had abandoned
the idea of bringing the case into court.
But he had done nothing of the kind.
Suit was brought by his counsel, William
S. Hilles, at the September term of the
superior court, and at the November term,
the defendant not appearing, Judgment
by default was awarded the plaintiff.
On February 9th a jury of inquisition
was held IN the law library, to determine
the amount of damages due, and the jury
made return of 81 400. Meredith assigned
his Judgment to Charles Il. Maloney.
lEIierson remained in fancied security
and in utter ignorance of these proceed
ings until the sheriff made his levy and
closed the store, but now efforts are being
made to have the judgment rcopened and
the case tried. What measures will be
taken they have not yet determined upon,
and meanwhile the store remains closed,
to the utter destruction of butter, poultry,
meat and other perishable portions of the
contents Mr. Watson, the other partner
in the store. is joint sufferer in this loss
of stock and also loss of business while
tne store Is closed although he is not q
party to, the proceedings, and his share of
the goods cannot be taken to satisfy the
judgment obtained by Meredith
Suit has also been brought against Will
liam Kitchens, who was surety for Pier
son, with the view of making the bond
good for the Judgment. Kitchens has Sc
cured A. Il. Sanborn as counsel and will
resist the proceedings. Mr.. Person will
also secure counsel and make an effort for
mo. # tItAfr ant ~
the case get back into open court il will re-
suit in decidedly interesting and rather
sensational trial.
The affair has aroused the deep indigna-
ton Of the residents of the neghborhood
where the store is located. They are in
censed at the closing of the store, which is
great convenience and at the trouble
visited on the members of the firm of Pier
son Watson, who are highly esteemed as
honest, popular and enterprising young
men. The outcome of the affair is awaited
with eager interest,".