The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-12-10

The damage suit Of Luther W. Ewing
VS.. the Mayor and Council was set back
In Superior Court this morning because OF
several other cases having been fixed for
trial on this date. 1t will In all probability
DO begun this afternoon.
Francis H. Hoffecker's jury of inquisI-
ton to fix the amount Of Judgment in the
case OF Trump Brothers VS., the Dlagraph
Company agreed upon s2l3760 the full
amount claimed The action was on O
book account, the local machine company
having built number OF copying ma
chimes for the Pennsylvania concern
which Ia now out Of existence.
The same Jury gave the Ladenhurg Tai,
against the Keen Sutterlee Company to
the amount OF S2749.0l.
The suit was on foreign attachment
to recover money advanced on casks Of
glycerine imported from Paris and dis
posed Of by the defendant company with.
out the permission Of the plaintiff and
without making settlement to them.
In several similar cases the jury fixed
$2,433,SS as due the plaintiffs, who were
represented by William S. Hilles
In the case of White Bros. q. b, a, vs..
John W Banks,p. b; r. which was argued
yesterday by VIM. f. Smalley and Josiah
Marvil, the court gave Judgment for costs
for the defendant below.
CONTRACTOR TYRES SUIT.
A Jury was drawn to try the case OF
Philip Tyre We. John Mulvena's admins.
tratrix, Colonel Benjamin Neild's ap.
poared for tho plaintiff and Lewis G.
Vandegrift and John X. Bradford for the
defendant The facts of the case accord.
ing TO the contention OF the plaintiff are
these: In December 1893, Mr.. Mulvena
contracted with the Board of Education to
erect the Wilmington school Mt cost of
about S39. 900. The contract for furnishing
and laying tho cut granite was subjected
to Mr. Tyre, whose price was $3.50 OF
this amount Mr. Tyrepaid S404 on account.
The balance of S1346 had never been paid
and 1t Is this amount, with interest from
January TO- 1893 that the plaintiff seeks to
recover.
He knew nothing of the conversation
between his father and Mr.. Mulvena,
Harry A. Brown oorroboratod the plain
tiff testimony with regard to the con-
versation in Mr.. Mulvena's office. Mr..
Neilds offered in evidence the inventory
and appraiimont of Mr.. Mulvena's estate
which was not objected to. His purpose
was to show that the amount of the in.
ycntOry and appraisment was over $4,000,
$1,000 of which had not yet been received
by Mary Mulvena, the Administrative.
and out of which the plaintiff hopes to
recover
10 prove the allegations Mr.. Niolds
first called + l. Rice, the architect, who
drew the plans Of tho building. He
swore to having heard Mr., Mulvena say
the contract for furnishing and setting
the granite had been awarded to Mr.
Tyre for $l7j0; seeing Mr.. Muiycna pay
Mr.. Tyre an amount on account and hear
ing him say he would pay the balance as
soon rs he go6 his money from the Board
of Education. Then Mr.. Tyre signed Il
release on the granite. This was some.
time In December 1893. Nothing addl.
tional Was brought out in the cross ex.
animation.
James Tyre swore to assisting his father
in making the estimate on the work at
the school.
Samuel II. Baynard chairman of the
Building Committee Of the Board of Edu-
cation, swore that the Board yet owed
The Mnlvena estate Il 6a7s3 At the time
of Bringing tho suit the Board owed tho
estate Sli.n2 but payment of disputed
claims had dwindlod tho amount down to
that testified too. The Tyre claim was
one that had been disputed. The defense
went into no cross examination.
{ From Mrs Mary Il. Bradley, who was
Mr.. Mulvena's private secretary, Mr.. Van.
dogrift learned that the sl15O was charged
against William A. Ruth who had an
@lS,O0) contract with Mr.. Mulvcna to do
the digging. But Mr.. Tyre had refused to
connect himself with MIR. Mulvona in
doing tho work The court would not al
low Mr. Vandcgrift to provo that Rutli
was the real debtor and not the Mulvcna
estate.
The admission of the testimony caused
quite wranglc between counsel on both
sides Then the plaintiff rested
A motion on the part of Mr.. Vandegrift
to non-sut the case, was ruled against by
the court and counsel will present his
case this afternoon.