Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-06-01
rHE M.c4LL SIR ENDED.


tDihphhy'S IhJuncIions
The chancellor was occupied Thursday
morning listening to counsel i'll proving
titlc in the case OF the George II. Mccall
Company vs.. the Wilmington Steamboat
Company. Colonel Nields spoke for the
former and AIessrs. Rodney and Nande-
grft for the steamboat company. The eX-
animation of witnesses for the defence
was commenced in the forenoon. Some
large photographs Of the Delaware and
the wharves in question were given in
testimony.
Argument was continued on Friday
before Chancellor WolCott in the case OF
the George Ii. Mccall Company Us. the
Wilmington Steamboat Company. Tcsti-
mony was taken Of Enoch Moore in re.
gard to u certain lease given by him to the
steamboat company.
The suit of Benjamin f. Fisher receiver
of the spring Garden National Bank, was
taken up when the superior court con-
yened Monday afternoon. Henry q.
Conrad appeared for the plaintiff and Lii
burnc Chandler for the defence, Suit was
brought. 20 recover OH promlssory note
amounting to Sl7l.Tl, The jury retired at
40 O'Clock and ut > o'clock rendered Il
verdict for the defence,
The most involved and difficult case
that has recently arisen in the court of
chancery was terminated Monday after
noon in the decision by the chancellor Of
diScharging the restraining order and re-
fusing the Injunction 10 the Wilmington
Steamboat Company whereby the latter
desired to prevent the tteurge II, Mccall
Company from using certain wharf rights.
A brief RESUME of this important case Is as
follows: Enoch Moore, Ir was the owner
in fee simple lot of ground formerly u
part OF The old shipyard of n. and G.
Moore. He WAS also the owner Of 2S.lUJ
in an adjoining lot which was also for
merly part Of the shipyard.
lii January 1891 the Wilmington Steam
boat Company purchased from the
William McCaulley estate the other 77-luU
of the lot in which EnOch Moore held 2J-
100. On February 18th, 1891, lie leased to
the Mccall Company the lot which he
owned i'll scveralty and Il sand wharf, with
the right OF access thereto on the other
lot in which hr was the owner of 23,lp0,
On May sd, 1871, Enuch Moore sold to
the Wilmington Steanibo Company his
23l0O i'll the lot in which the sand wharf
is, but it was sold subject To the lease
heretofore given by him to the Mccall
Company.
The Mccall Company used the sand
wharf from February, ls9l, until April,
lSO2. when the Wilmington Steamboat
Company requested them i'll writing to re-
move their sand saying thai if they would
do 50 it would not III any sense De cDnsld-
cred surrender OF rights under the ltnoch
Moore lease but was simply y matter of
convenience to the Steamboat Company
during the latters making Of certain inn
provcmcnts along the river frontage. The
request was accedGd to under the Cundi-
tiuns. When improvements were COM
pleted the Mccall Company attempted To
resume possession and then the steamboat
company erectet! fence across he lot and
refused Them possession. Then the Mccall
Company removed the fence md reenterCd
possession. Then the steamboat company
applied to the courl for an injunction and
obtained a restraining order which pre-
vented the McCall Company from using
the wharf,
The hearing before the chancellor was
to show cause why the restraining order
should not be discharged and the injunG-
tion refused.
Messrs Vandegrft lIofiecker and Rod
ney appeared for the steamboat company
and Colonel Niclds for the George II. Nc
Call Company.