Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-12-07

business Of importance was transacted.
This was duo to the fact that there
were no cases set down for trial, and as
a result of the dearth of business, court
adjourned until $50 o'clock p. IN.
In the superior court Monday after
noon the Odessa Creamery Company
obtained Judgment from Henry O.
Mahaffy for $193.S0, full amount OF
claim.
The court refused to hear the motion
of Lilburn Chandler to set aside the
sale Of the sheriff of the property of
John F. Cleardon on the ground that
the motion was not made on the first
Friday of the term, according to the
general rule.
In superior courtTuesday morning the
case of McComb Clayton VS.. Joseph l..
Cavender appeal case was taken up.
Martin b. Burris appeared for the plain
tiff and ]. Frank Biggs for defendant.
The suit is brought to recover the
sum of $50 on a promisory note, bear
ing date of November Goth, 1890. Mr..
Clayton put farm in Cayender's hands,
the plaintiff alleges. lie was to realize
per cent commission for cash and %
per cent for etfccting the sale. The farm
brought $4,000 worth of window sash
stock, which entitled him to $500 COM
mission. He received $3.50 from Clay
ton and promisory note for $50.
Lavender sued in the Justices court
below to recover this balance on the
note and obtained Judgment. Mr.. Clay
ton took an appeal. The window glass
stock proved hopelessly worthless.
(inuanIar tautifiaJ thut tho nOta xua nj
to protest. He exchanged the farm for
Philadelphia securities with g. w. Ken
nody of Philadelphia.
Leonidas Darlington, of the Citizens
National Bank of Middletown, testified
that there was no money in bank to
meet the note when it came due and
was protested
MIR. Clayton. went on the stand and
testified that he had exchanged his farm
for worthless stock and subsequently
got it back when he threatened them
with q lawsuit. The witness also gave
Cavender's connection with the case in
detail.
The case was underway when court
adjourned at O'Clock until $50 o'clock.
In superior court, yesterday morning,
j. Frank Biggs renewed his motion for
new trial in the case of McComb
Clayton VS.. Joseph l.. Lavender. In
the court below Lavender sued Clayton
to recover the sum of $50, alleged to
be due on a promissory note, and OBJ
tanned judgment. Clayton took an
appeal to the upper court and the jury
rendered a verdict in Clayton's favor
Tuesday afternoon. A day will be set
for arguing the grounds for new trial.
A jury was drawn to try the case of
Edward 9. Concannon VS.. Catharine
Ford's administrator. The jury rem
dered q verdict of $5,645.19 In favor of
the plaintiff, without leaving the box.
There was no defence.
The replevin case of Ezekial Black
ston VS.. Louisa L. Lyman, was given
over to referees to be chosen by the
parliamentary.
Announcement was made of the
settlement of the case of j. Il. Smith VS..
the Wilmington City Railway Com
pany. The case will not be tried.
In the case of ]. p. Thomas VS.. the
Polk Chemical Company, judgment was
allowed the plaintiff.
The case Of Arthur B. Wilson VS.. the
Harlan g. Hollingsworth Company has
also been settled.
The application on the part Of counsel
for special jury TO try the case OF
Frank A. Mitchell vs.. the Mayor and
Council of Wilmington has been with
drawn. The case will be tried by a
regular jury.
Court adjourned until 10 O'Clock this
morning.