The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-02-21


Court this morning. Colonel benjamin
Nie,de, representing the defendant In
the foreign attachment case OF [. II.
Qulgley vs.. Robert Armstrong, OF
Philadelphia, asked that the judgment
obtained against the defendant be-
opened and the bail be given for
hearing In the case. James II. Hoffech
or. counsel for the plaintiff. rssista
the motion, but the court ordered d
the defendant come Into court
disproye the claim. No date was
for the argument.
A jury was drawn to try the ca
Catherine Morrison vs. Fredric
harrison, Hotfecker and Holiscler
representing the plaintiff, and Peter
l.. Cooper, Jr., the defendant.
The action is one OF q Sumpsit for
5000 borrowed by Harrison. The
plaintiff is mother.in-law OF tho dc.
PENDANT. aud in 1899. he borrowed
from her tho money to purchase a
house. lie promised to secure her by
a second mortgage, and on these pre-
fences she loaned him the money.
After making the purchases LARSON
refused to furnish the mortgage. Suit
was brought and Judgment awarded
the plaintiff, but that the plaintiff
might have another chance, Judgment
was stricken from the list. The ao.
tlon was brought to recover 500 and
intereyt, this being the amount after
the reduction of 500 for board.
Mrs. Morrison was called. harrison
is her son.ln.law, and she loaned him
the money to purchase a house for
$4,000 ut GIT Harrison street. Before
the sale was consammated the witness
visit ed daughter In New Jersey. and
on hsr return she inquired for her
mortgage. Lnrrlson replied that she
did not want any mortgage. He after
ward said that lie would borrow the
money and pay her. but he never did
IL. He then offered to give her hia
note, but she refused 1t, as 1t waS
worthless.
Mr., Cooper on cross examination!
asked the witness when they first talk
ed OF the loan and she replied threel
weeks before tile purchase. She was
DESTROYS OF living with her daughter.
but she never offered the money to
him before he first asked her for the
money. Sha at first gave him Sl0O
and the 5000 diterward. Believing
him to be honest she allowed him to
receipt the bill. believing that he
would give her Jha mortgage as pro-
! missed.
Shs said she had found him dishon.
est nnd now ale would not loan him
ten cents. She helped to furnish the
purlor of tho house before harrison
purchased the house. Mrs. Morrison
| said she left the harrison home be-
cause her daughter had treated her sd
harshly. She had loaned her husband|
all the money size had In the world
She Is u yeurs OF age.
Frank G. Carpenter paying tslle
of the Union National Bank, witnessed
MIS-. Morri5on's mark when size gav8
the check TO Harrison for the 5000.
At this point Mr. Cooper said he ad-
mitted that they had received the
money and Mr.. Hoiiecker offered the
check in evidence.
| MIR. Hoffeoker, before closing, said
he would like to prove that the de-
fendunt's affidavit entered in tho
case, was false In 1t he swore -
the summons OF the court hs1
been served on him. but GouhNN
would prove that the sheriff had
served the summons.
| Mr.. Cooper, in opening for the de-
tonse. said the defenee was q simple
one. Mrs. Morrison said she had
| Sl600 which she would give him, but
no only wanted $1,000. IL was an alb
soluts gift Tor Ills kindness in giving
her home.
harrison was called to the stand.
He visited Ter ut the homo of Calvin
{. Rhoads. where she boarded. She
wanted to loan him $1,000 to buy a
home, but he said nothing about II
then, She said she did not want a re .
eeipt but only home, where she could
live tho remaining days of her lifej
Later she sent George II. Ilndal, Tn q
builder, TO hlu nboat purchasing tho
house. Al tho Office of Head ~ Co.
he bound the bargain. The receiot
was made In his Iavof at AIs. Morri-
sons request.
lie mover told her that she should
have the second mortgage. Ills home
was always Open to her and he tried
to accommodate her while che was
| there.
On cross.examinatton the witness
said he took the money. thinking 1t
an accommodation to her, In the pro-
vlding or a home,
Mrs harrison was called. She ID
Mrs. MUrrison's daughter. Her hus
band told her Of tho offer. She h d
not spoken 10 her mother for sever
months
Christlana harrison, mother of the
defendant was called. She had lid
conversation about ths money, bid
Mira. Morrison had said she gave Erred
II good living.
I his' iJott'o u. uoneYWell sllu aNf
lad conversed with Mrs. Morrison and
On one occasion she snid she was goiti9
TO give her son.iu'laW $1,000 to buy
houle.
George II. rlndal. from whom tiI6
house was purchased. testified that d
did not hear Mrs, Morrison say sid
wanted the second mortgage.
Roth sides then rested.
| Frank ltotfecker opened for IN
plalntiif. In course OF argument d
asked why the defendant offered 81
give q note for tho amount II It'd
money was gilt He concluded b
praying for verdict OF 1886. 10 In ia,
vur OF the plaintiff
Court adjourned before Mr.. HOE
fecIier could eloee the case.