Evening journal., 1895-05-14
IN DANGER OF NON SUIT.
Talley Must Show Promise to
Pay for Promise to Stay.
MORE .ELDRIDaB PIERCE TROUBLE

sured That the Ballow Mortgage was a
First Lien-He Forced a sale, Realized
s5o-Had to lar the First Mortgage
and Costs.
The Superior Court met at 10 o'clock
this morning.
John II. Rodney announced to the
court that the case Of John w Burrls,
d. b, a, vs. Charles b Barrett, b, r.,
would be heard by the court after the
jury had been discharged. and not by the
jury. The agreement was made under the
act OF March /, 1866, which provides
That In all civil causes where mat
ters OF fact are at Issue, IL the parties
agree, such matters OF fact hhall
be tried by the cours, and judg
ment rendered upon their deci
sion thereon, as In cases tried by jury
under the present practice "
IL Is TO bs found In chapter 270. volume
II. Laws OF Delaware.
Tne following supplemental calendar
has been arranged for Wednesday, May
30;
Elmer d Reed vs. the Glens Falls
Insurance. Company: DeFord & Son VS.
Thomas Green; tue Shanahan and
Wright.on Hardware Company VS.. VIII
liam d. Stoops; same vs. Thomas
I. T Clark ct al, Joseph Stsl-
wagons Sons VS.. the Wilmington
Coal Gas Company; Theodore H. Arm
strong vs. Alexander p. Carnegies
administrator; New Castle County
Insurance. Company Va the City Bnilding
snd Loan Association; Benjamin w.
Clark ct al, VS. Thomas Fsgan ct al
Horace Greeley knowles, ex consul 10
Bordeaux, was, on motion Of II. O Conrad,
admitted to practice.
TheJ Hood Wright cases have been
carried over to May %.
| The cases OF Charles Warner Company
VS.. J. Frank Curry, Thomas J. Day va
the Jessup and M ,ore Paper Company.
| Charles al. Banks vs. George M. Allc, 70
constable, and the Mutual Life Insurance
Company. d. b, q, vs. George Mar
shall, D. b r., calendAred for to-day, we're
not ready for trial this mcrnlng or had
bten disposed Of.
The only case ready was that OF Jesse
L Talley, Va the City Building at
Loan Association, aud there was some
delay In getting It started Lilburn
Chandler represented the plaintlH aud
John II Rodney the defendant A Jury
was drawn at 10.45 O'Clock. aud the trial
proceeded The jurors not drawn were
discharged
Mr.. OhAndler said that he alleged that
the defendant sold to the plaintiff q
mortgage, representing IL at the time to
be first mortgage. that II WAS 3 good
! one and that everything about II wal
all right. The plaintiff claimed that II
was q second mortgage and that chs
party who made IL was insolvent. Th'
action was brought for false representa-
tion.
Talley held certificates OF indebtedness
against the association. They amounted
. TO $470 46 The association gave him
bond and mortgage held by II Agains
Clara BRllow and be surrendered hi
certifoates. The original amount O
the mortgage was $500. Mrs
Ballow defaulted In her Interest anC
7 rslley foreclosed The property was sole
by the sheriff and waa bought by J Bal
Plsroe for $50, subject to the first mort.
gage. This left Talley out In thu
cold es the taxes and costs
. amounted to &S7 The claim mad.
: was $470 46. with interest from Deeem
Der 10, 1891, and s37 costs The cas-
, was one Of the results Of the peculatlon
. OF Eldridge Pierce TRlley hnt
d \
! scrip and President Nathan Lieber
man advised him to exchange 4
, for irst mortgages held by the associa
! tlon He did so. but claimed that be VA
4 told that the Clara Ballow mortgage wal
q hrst lien He subsequently ascertAlnei
, to bis cost that II was & second mort
! gage, and that the Whining
I ton Savings Fund Society he'll
I the first mortgage Of $500 and that sh
had dsfaulted In her interest on 10. Fl
|. asserts that the officers OF the associatio
i promised TO make reparation but neve
/. did so, and then he forced the sale
Q Mr.. TRlley was put on the stand an
' made a detailed statement OF the cireun
4 stances attending the transaction.
a Wilmer Ellison, treasurer Of th
! Wilmington Savings Fund Society. wa
d sworn He said that the i rst mortgag
a for $500 on the BAllow property va
\ held by Charles @ Evans and wife
h ]. jackson Pierce testified that th
Messrs Hoffecker stated that the BRllo'
ID mortgage was a first lien as marked
a Witness would not say that they ds
"a elared that they had searched the record
aud found II TO be a hrst lieI
He stated unwillingly that Talle
advanced the $50 that J Bail Pierce pa
to the sheriff at the tine the properi
4 was sold; also that Talley paid off u
FIRST mortgage.
e Clara Ballow, an aged colored womI
ie and the primary cause Of the litiEatlo
N took the stand. She said that 81
le obligated herself to pay 81, 100 for Il
?, house. She didn't pay any intsrs
- because she could not
George R Townsend testified that
IS saw the house, No. GIG East Twslf
= street, about = year ago. and In
Z opinion it was worth $500. and posaib
as $500
The plaintiff here rested. Mr.. Rodn'
70 Immediately moved for a non suit on 81
40 ground that the plaintiff had not on
80 shown proper diligence but had be-
:, guilty of negligence.
y Argument on this motion consume
10 the time until nearly l o'clock Il
., afternoon.
10 The court said that there must
y. written proof that the defendant ask
OF for stay and promised to pay, 10 ord
lg for the plaintiff to justify himself for
want of diligence There had bsen
such proof and the court gave n
wv Chandler until 80 o'clock to find
!, 1 TT.f... i. H. -. A. Val urfl ha ne