Evening journal., 1898-02-14
TWO NOTES INVOLVED.
Terry Wants $1,000 From
Elkinton and Platt.
LATTER GAVE THE FIRMS NOTES
MIR. PLATT EXPLAINS WHAT
WENT WITH THE MONEY HE SE-
CURED ON THE NOTES HE GAVB
TO HIS BROTHER-IN-LAW.

WENT WITH THE MONEY HE SE- |
CURED ON THE NOTES HE GAVB
TO HIS BROTHER-IN-DAW.
Superior Court settled down to the
disposition of it's calendared work this
morning. In the case of William II.
Terry VS.. John E. V. Platt, ct al, Mr..
Higgins moved to strike out a plea in
the declaration, but his motion was de-
MED. A jury was then drawn to try the
case.
Walter II. Hayes represented the
plaintiff. Anthony Higgins and Phihp
Q. Churohman appeared for the de-
fendant.
The action is on two promissory
notes for $780, each given to Mr.. Terry
by John E. V. Platt, who borrowed the
money in the firm name OF Eildnton u
Platt although Mr.. Elkinton was not
personally connected with the borrow
ing of the money
One OF the notes is dated January 81,
1892, and the other bears date Of De
cember 81, 1898. Mr. Elkinton sets up
the claim that he knew nothing Of the
money being borrowed.
Mr.. Platt was called by Mr.. Hayes.
/ He said there were no written articles
] OF partnership between him and Mr..
/ ElkintCn The latter furnished the
/ greater part of the capital. Witness
put in from $500 to $500. The partner
/ ship was dissolved In October, 1892
/ Bach drew money out OF the Arm for
| living expenses. He identified the two
! notes as having been made by him In
/ the firms behalf The money was used
to pay for grain for Beaufort Mills.
Mr.. Hayes offered both notes in evil
dence.
Under cross-examination the witness
said that he and Mr. Elkinton came to
Delaware from New Jersey in 1872, and
were partners at that time The wife
CT the witness owned the mill, but no
consideration was paid her. She never
received anything personally. The firm
paid the taxes and interest through
him, by both cash and check. The
| agreement was made at New Castle,
and the profits of both mill and store
were to be equally divided.
Mr.. Platt said that Mr. Terry was his
wife's sister, and that the money was
| borrowed and the notes passed at his
house. No record of the money bOr-
rowed was ever made on the books of
the firm. He showed by his books that
Of the first $500 he paid $3.50 to the Sc
curity Trust ond Safe Deposit Com
pany on a note held by Il, and the
other $3.50 was deposited to the firm +
credit in the Farmers Bank at New
Castle. Mr.. ElkintOn knew nothing
about It, On the second note he Sc
cured S400 in cash and a 800 check
and there were three renewals of the
note. That money, and several hun.
dred besides. went to Miss Margare
D Janvier, of New Castle for wheat. Th'
, transaction was not brought 20 the at
l tention of Mr.. Elkinton, even when th'
/ principal was not paid. In October
1892, the dissolution took place, and Mr.
Plat kept on in business He did not
pay the note because he couldn't
Money the firm had coming in he ex'
81 pected to use to pay the notes, but
he failed to collect it. He denied that
he collected it and applied IL to some
other purpose. Mr.. Terry never made
S any demand on him for the amount oil
the notes or quarreled with him about
e | them Witness said that Mr.. ElkintOr
3 once asked him if he had given note
to Terry. That was in 1895. He de-
Z MED that he told Mr.. Elkinton that the
s | money went to pay for wheat pur-
, chased from man named Eastburn
l He never applied to Mr.. Elldnton fol
the money needed because he did no
a think the store funds would justif,
such a loan to the mill. There was M
X settlement of accounts when the disso
luton occurred. None of the none.
was paid for taxes or interest on hi
wife's property.
/, The hearing will probably consum
II the entire day.
Mahlon B. Foster entered into rec
n ognizance in the sum Of 5000 for ap
s pearance at the May term Of court. Fl
u says that his case Is merely one il
y which a lawyer is endeavOring TO us
the powers of the attOrney-gen OF
u fee to enable him to collect money.
The case OF Joseph l.. Polk VS.. tn
+ Mayor and Council of Wilmington wa
referred 10 counsel by agreement.
Settlement of the case of Mira
J. GlinOwieck VS. the Liebig Manufactur
ing Company was reported, and tn
n case was discontinued
Page Smith was sick to-day, and hi
s, brother. Thomas B. Smith, Jr., offic
ated in his stead.
m The case of John c. Elliott vs.. th
l. Wilmington City Railway COmpan
E. was reported settled, by William
-y Prickett, attorney for the plaintiff.
e. The court continued until the Ma
term the case Of J. Miller Thomas "
l A DrfT