The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-06-19
FIFTH EDITION.


The June term Oh the u. 8, Circuit
Court for the district Of Delaware. con.
vened this morning with Judge Wales
OH the bench. The case OF. Shaw Va,
Blupenthal was continued until the
October term, because several Import.
ant witnesses could not be secured at
this torn. One OF tho witnesses Ia Mr..
George A. Maxwell. at present in fIor.-
da. Several cases were reported as
being settled or In the course OF set.
Element.
MIR. lilies made motion to quash
the return OF service made by the Mar.
shall In the case OF Tie York Manufao.
turing Co. The Dover Artificial Ice
ard Cold Storage Co., on the grounds
thnt the return stated that service was
made on the manager of the company
without stating whether the president
OF other officers could have been
found. Time was given to Mr.. Nields
to look into the matter.
The disposition OF tho cases wore as
follows:
McMacken VS.. Baltimore r. r. Com.
lpaoy passed, Il Is. Sellars. Parvis y
tin continued.
The following jury Was empannelled
lin the case OF DeCou Brothers VI. Mil.
lard 4. Poule. Lambert Nicholson,
Harry Miller. Joseph l.. Truxton, Ohas.
II. Maui, Virden w. 1ruitt. John o.
lIruitt, Frank Downs. William A.
Jones, Albert q. Justls Amos Cole
iionry Ii. McMullen, Gardner W.
Joseph.
The plaintiffs were represented by
He llecker II Hoifecker and the dc.
.iendnnt by Colonel Nields. The action
was brought for the recovery OF the
lace value Of a note for $500. The
moi to was given IN payment of stock OF
q shoe store purchased by Poole In
Philadelphia. At the time the note
matured Poole claimed that the trans.
action was fraudulent.
Colonel Nlelds admitted that the
note was given to David Cline. who
was carrying on business under his
wife's name at 723 South street, Phlla.
delphla. In the latter part OF July
1891. the transaction took place. There
were about 5000 boxes there. Cline
told Poole that each SGT of shoes con
talned the same as the sample.
But when Poole came to sell them
he found that where mems shoes
should have been hs found that there
were children's shoes and bad and ODD
pHirs OF other shoes and In some OF
the boxes no shoes at all. Hs then
endeavored to get Cline to take the
shoes back and get his note as he
found he had been mefully che ated.
Cline tried TO sell the notes and Poole
gave notice to every one who came to
aim not TO buy tho note as he would
contest Ii every inch.
The stock OF goods proved not only
ralucless but actually broke up the
business there, although he boughs
over $1,000 worth OF nov stock.
HafAnnA IA
were absolutely worthless, aud not q
cent 10 duo 10 De Cou Brothers.
Willard /. Poole was the first Wit
ness examined. Mr. Hoffocker objeo
I'd to the question about the PURCHASE
Of the stock from Cline.
The Court ruled that the pro Of OF
the fraud must be either before o:
after he gave the notice to De Uor
Brothers. Unless the notice ls proven =
on the plaintiff IL could not be proven
"a bout the fraud.
under which he purchase thu stock
He had been In tho commission bust
ness at the time. Cline asked for the
Wholesale price. On July 80. at Ii
o'clock, he went by appointment to
Jline's store. .--
lilo described to tho taking Of the
stock, He described how he got con.
fused over tile finding oil the rotten
goods.
This case was tried at the spring
term OF court and tho DeCou rothers
got verdict of II 900 but refused to
accept It, claiming unless th, y were
entitled to the full amount they did
not want anything ut all. Mr.. Poole
deposed that the goods were worth.
less for retail store.
II placed at auction the good
would bring about 80 per cent. Of til,
price paid. The stock to him was al
injury. He then told OF his objection,
10 tho note being accepted by PARK
and then by Mr.. DeCou.