The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-05-19
SUIT IN RRPLRvrN.

Eugene d. m. sutson and JsIe. R.y.
bold Mast Pay for Carpet Used In u,
Acadcuy or NIusic.
As soon as court convened ycster
day afternoon Jury was drawn ami
the case OF Geo. H. Hollis vs. Eugene
D. X. sutton aud Jules Reybold, waa
taken up for trial, with Phillip O
Churchman for the plaintiff and Aus
tin Harrington for tie defence.
THIS is an action In replevIn to de
,termine the ownership, and recover
for 40 yards OF carpet and SO var O
lining. valued at $40, delivered at tn.
Academy OF Music. MIR. Churohmar
made brief opening TO the Jury ant
then commenced the examination o
Witnesses.
Geo. II. Hollis was sworn and testi
fled that he is engaged In the furnitur,
and carpet business In this city. Oh
August 18th, 1891. he sold forty yard
OF carpet and thirty-eight yards of lin
ing to j. II. Shoemaker and they wert
delivered at the Academy OF Music
They were .Bold under an agreement
learned that he place had been takeI
by E. D. r. Sutton. He called upoI
Sutton. and while he admitted having
taken possession OF the Academy, HI
refused to surrender the goods or pa,
for them. The witness then took oul
q writ OF roplevin.
Clarence Hollis testified that he 4
employed as clerk by Geo. II. Hollis
He took the goods described to tn,
Academy of Music.
Mi, Churchman presented an agree
ment between Hollis and Shoemaker
which showed that the goods had beer
leased to Shoemaker at IS per week
which he was to pay until he had pale
eco, when the rent was to eeuse.
The agreement also specified that Il
Shoemaker failed to make tho pay
ments promptly the vendor had the
right to enter the premises and re
move the goods without process o
law.
4 After this paper had been read to tn
jury the witness resumed his testi
mony and sald that when the pay
|. ments ceased he was sent TO til,
Academy of Music to get the goods
He saw MIR. Reybold and he refused t,
give them up. After the writ OF re
| plevin was issued the witness agail
demanded the goods, when Mr.. Suttol
offered him SIS, which he declined Il
accept. AT the time the curtain wal
about to go up. and Mr.. Reyboid fur
/ nished Sheriff Simmons with securit,
for the amount of the bill, SO the per
Torrance would not be interferet
with.
| This was the last witness called 70
the .plaiatiff when Mr.. Harrington
} m Dyed Tor D. ,non,suit, on the grount
that venue had not been proven, de
claring that the Academy of Musi,
! had not been properly located. Refer
,ence to the stenographer's notei
1 showed that 1t had been testified tina
the Academy OF Music is at TeDrh ant
rTatnall streets, here" Mr.. Church
man said he had asked whether IL wa,
not in this city" but the stenogra
. piers notes did not show that. On,
, of the jurors agreed with MI. Church
: man. The court decided that tn,
word there" was sufficient. The non
| suit was refused.
. MIR. Harrington then opened for The
/ defense and called Recorder OF Deedi
James L. Shallcross to show that til,
Academy had been purchased by julie,
0 Reybold, but this wac ruled out by tn,
: Court.
3 Jules Reybold was sworn, and testi
hou tiiat ho litst oileTeu 10 pay part U
: the money due, which Clarence uolii
Y had refused to accept.
Q. This closed the testimony on bot
/, sides, when tho jury were charged b,
: Chief Justice Lore.
He said that this was not condl
= tional sale but conditional renting
5 and IL the conditions were not lived u
to MIR. Hollis had an undoubted RICH
4 to take tho property.
t The jury were out but ten minute
k when they returned with u verdict o
81. % In favor Of George Ii. Hollis.
n Charles G. Rumford WAS appointed
Q commissioner to take testimony In tin
! divorce case OF Robert A. Caldwell vs
9 Susan Ii. Caldwell. The case of VIM
/; Rutter vs.. Cyrus Castle. X. G. E., will
: be referred To referees.