Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-06-21
promise Poole that he would not sell the


note until Its maturity.
After Kline had sold the store to
Poole the former stayed around and on
Sundays, when the Jewish customers
came in to buy, Kline would tell them
in Hebrew: "Oh, don't you buy any
thing here. I've sold all these goods to
another man. These shoes are rotten.
Its my old stock I've given this man.
Come down to my other store and you'll
get good goods"
Immediately he heard this Goldstein
told IL to Mr.. Poole as soon as he
arrived in the store. lie told Poole a
dozen times of what Kline had said.
Mr., Poole Immediately ordered Kline
out of the store.
Mr.. IIoifecker, TO witness--"You told
Mr., Poole Immediately, that is the first
time you heard Kline giving this advice
in HebrewY"
Yes, sir. / told him as soon as he
came in. And then Mr.. Poole ordered
Kline out of the store"
The witness knew the stock before
Poole bought it. lie saw the note
handed to Mr.. Poole. There WINS no
writing or endorsement on the lack.
lno NlJhSsS Suh uSlticl Iouu llpl WIltc
English.
Goldstein's testimony occupied full
hour
Richard Taylor was the next witness.
He is u real estate agent of West Phila-
delphia. He knew something about the
transfer of farm in Bucks county from
Willard Z. Poole to his son Clarence.
The witness left the stand without testi-
flying, as counsel on either side agreed
to call the witness later
L. A. Martin is another Philadelphia
real estate agent. He was the next to
testify. He gave evidence that he dis
posed of Poole's shoe stock to w. +.
Roche for 81 900. Mr.. Poole got farm
with $4,000 mortgage and about 5000
cash. The farm might have been worth
800 above the mortgage.
Real Estate Agent Martin explained
that almost all the farms in that region
are stony and billy. A mortgage is put
on in order to sell the farm. That is tho
universal custom in that part Of the
country Bucks county,. No farm can
be sold without mortgage. They are
traded for any sum from 10 cents to
800. The witness referred to a recent
transaction whore he saw farm sold
for 10 cents above the mortgage.
TO Mr.. Hoffecker-It took month tC
sell the farm in question aud Mr.. Poole
may have got about 800 out of the trans
action.
Walter L. De Cou was then sworn
He is the first witness for the plaintiff
The witness is one of the firm of Dc
Cou Bros. In August, 1891, Jennie
Kline, the wife of David Kline, offered
the Poole motto of $4,000 in exchange
for quantity of goods from De Cou''
wholesale shoe store.
Mr.. DE Cou agreed 10 deliver 2,50t
pairs of 81 shoes for the note. De Cot
Bros. wrote to Hoffecker s. Hoffeckel
of this city as to M. Il. Poole's, thu
makers, financial liability. The mott
was accepted accordingly. The goodi
were delivered and the note was pu
into De Cou's vault. In December o
1891, the note was passed to the West
borough Shoe Manufacturing Co. o
Massachusetts. 1t was discounted il
bank and then went to protest.
In December of 1891 witness went L
Poole to see If he was prepared to TAXI
up his note. Dc Cou offered per cen
discount for the unexpired term of tn
note if it were paid in cash. Poole saiC
he was not in a position to meet it Il
| the time.
Poole said nothing about the not
being obtained by fraud or Of his in
tention of contrasting its payment. IL
made the remark that If he had know
Kline was going to pass 1t out he neve
would have signed it.
Subsequently Poole told De Cou n
had part of the money ready and woul(
renew for the balance. This was Jun
18th, 1902. Poole told tho witness tina
Kline had promised him to put the not
in his safe and not pass 1t out.
Mr.. De Cou first heard of the protes
of Poole only 10 days before the natur
ing of the note.
About September sth, 1892, the wit
ness came down to Wilmington an
tried to effect settlement on the basi
of a cash payment Of $4,000. The
there was an offer on the basis of Pool
giving a note of $4,000 and De Cou t
do his best to get Kline to make up tn
$500. De Cou declined to take an
legal action against Kline, the payee @
the note in the premises.
Finally De Cou Brothers brough
action against Poole to recover full
value of the $4,000 note. On no occa
sion did Mr.. Poole ever refer 10 an
inhrmlty of the note in the witness
presence.
Just before adjournment, Harry 1
Moody, book-keeper for tho Dc Co
Bros. Co., went on the stand. He test
fed that he brought the $4,000 note t
Wilmington and obtained an acknowl
edgment from Mr.. Poole of his signt
ture to the note.
Court adjourned to 2p. m,