Evening journal., 1896-12-17
EWING JURY STILL OUT.
1t Was Locked Up To-day
Pending It's Agreement.
PROMIssORY NOTE SUIT NOW ON
MRS. WILLIAM ]. DUNSEITH
SWEARS SHE ALLOWED G. H.
LENDERMAN FILL UP BLANK
NOTES WHICH SHE HAD SIGNED.

NOTES WHICH SHE HAD SIGNED.
The case of Milkman Charles II.
Wicks VS.. the Mayor and Council, of
Wilmington, was won by City Solicitor
Harman in the Superior Court to-day.
AS a result none of the licenses paid
in by milkmen will have to be re-
funded, although it is said that all
those not concerned in this case Will
pe repaid by the city.
The city's case was won through a
non-suit for which Mr.. Harrison
moved yesterday on the ground that
the payment was voluntary under the
law. and the city could not be COM
PEELED to refund licenses paid in under
an ordinance which held good at that
time, but was afterward declared un-
constitutional
Upon this motion. City Solicitor Har-
man argued with plaintiffs coun-
sci, William S. Hines, all
yesterday afternoon. When court re-
convened to-day, Chief Justice Lore
announced that the court had decided
to grant a non-suit, on the ground that
the payment of this money was not
involuntary. Mr.. Hilles did not accept
a non-suit and the court instructed the
jury to find for the Mayor and Coun-
ell of Wilmington. Before the jury
was polled, Mr.. Hilles noted an excep-
tion to the judges charge. The jury
found for the defendant.
SUIT ON A PROMIssORY NOTE
After some minor Superior Court
business, the promissory note suit of
George II. Lenderman VS.. Annie A.
Dunseith, was taken up. Mrs. Dunseith
keeps a store at Linden and Van Buren
streets and has purchased teas for sew
eral years from Mr. Lenderman.
On July 10, 1891, as security for in
debtedness, Mr.. Lenderman held a
judgment against Mrs. Dunseiths prop
erty which he surrendered for prom
issory note of 1884 The dealings in
teas were continued and the notes were
renewed from time to time for lesser
amounts, until last January, when a
note for $240 was rendered This note,
Mrs. Dunseith claimed, settled her ac-
count, but Mr.. Lenderman claims that
there still remains S191 due him.
George II. Lenderman swore that he
is a wholesale tea merchant at Fourth
and Walnut streets, Philadelphia, and
has been there since 1884. Began
his dealings with William J. Dunseith
and his wife by lending SIS to buy a
horse, which they did. Subsequently
he loaned Mrs. Dunseith SIS additional
to get Dunseith out of his trouble at
New Castle jail
When the Dunseiths gave him the
first note in question, they owed him
S654.49, leaving a balance which has
never been paid
You heard William j. DunselIh
state that he had all the confidence in
you in the word and never asked a
receipt. did you?" asked plaintn at
torncy, Lilburn Chandler
Yes, sir" replied Mr. Lenderman,
"and that was a deliberate lie He al
ways demanded receipts and always
got them"
Lenderman denied that he had ever
charged the Dunseiths any interest
until the last note, when he told them
they would have to pay it all The
original balance due him, together with
the interest from that date, amounted
to S191.
The court limited argument to ff-
teen minutes a side. and Lilburn
Chandler opened for the plaintiff He
stopped long enough to allow Josiah
Marvel to present his argument for
the Dunseiths. and then court took a
recess until 2.30 this afternoon.