Every evening, Wilmington daily commercial., 1906-02-20
SuPsRlaR OnnRI

An Action to Recover Tor m. p... -,
gram. 'i Aeie-
Inc Superior Court todsy took nm
tns case oi John l.. Taylor. ex.sher,f
ol New Castle county, against ibomas
D.. Durrs and Charles Il. DublinIs
i.-. ~ eu u . p isttator, an action to reoovar
iV.pUi with interest from FeuruarV
lothi isUO, the amount and costs Of an
o.'uennent. Reuben Satterthwat,e
re- resented Mr.. Taylor. L. LIVING
~ ~ ahuy represented tue defence. After
the piaintiu 8 side had been explnined
70 tue court and jury it Was shown
shas the bend piven in the case Was
aeaotibf as $3.50 bond ana the bonu
ilselI was shown to be ior $500. Mr.
mandy contenuod that there was a
fatal variance IN The declaration and
VIC oQnu, Mr. SatturthwaIle a. .mgtteu
snat tnere had been a mistake and
asked leave TO amend his declaration.
~ nancy objected on the grounu
.nas 10 vas too iate, and iur nermore
.ual tne case hal cen cohtinutd foi
su9 purpose ct silCWlng tho plainun t.
an' no bis declaration. Ihe iease to
am nd was glanteu 10y the costs being
phiu by the piainuh. Ihis dispose.
vi we case foi tue time being.
Inc case Of 0e.Ige A. hu0eT, d. b.
a. Vs. George T.. Maris 81 Son, p. b.
T., an arpeal case was taken
az. Reuben $ tterthWaite ret resents
Mf. huber and HoWeli s kngiauu
appeared ioI George q. Marie a. Soa.
1he suit rs an acton to recover $40
alleged 10 he due tor rent oil staule
upon q verbal letting ftom July 25th
to September 18th, 1904. George n.
Nails testified that he rented a stable
property on March 18th, 1903, and that
Mf, Huber used tho stable until June
z3tns 1904, at which time he paid HE
last reut to M Maria. On Soften
ber 25lh, when the next quarters tent
'Waa cue, Mr. Maris SAID be was un-
able 20 collect 1t frcm Mr.. Huber. In
October Mr. Huber, he said, refused
TO pay any rent. At this time, witne.I
saiii Mf. Huber moved MS horse iron
toe stable and refused 10 pay any more
Mt MT. MaTls said be sued ior the
$40 due him aud got iuuRment, bui
neven nad received ths money
h,rs. Geatge y. MATHS testified tha
'during her employu ent at tie Oliioe o.
George y. MaIis & son she COLLECTED
tor rent from GeuIge a. Huber OF
July 18Th, 1901. Sne said there wal
20 cen urrer to the bill. She coulC
MT remember having collected atj
othef amounts.
Nh. SatterthWaite, for the defence
said be would show that the defendaL
rented a stable on Washington stree
at 80 a month. de said further tina
be would SHOW that Mr.. Maris sen
Mr.. HuOer a letter informing him tina
the rent would ie so a month aite
March 18th, 1904, and that Mr. Hube
told Mr.. Mars that he would no
accept the stable at the increases
/ price.
Nr. Huber testified that be had re
fused emphatically to pay $40 a mont
for the stable. de said he vacated th
stable on July 18th, 1904.
1he jury retired at ~. % O'Clock
Because Of the failure of the plaiuti
to appear 10 the damage SUIT Of Arthu
+. Mcclure against the Harlan & Ho
lingswotth Co., judgment was entere
for the defence. IL was an aotio
brought to recover damages for pei
sonal injuries.
Ihe case Of Mrs. Olive Carpenter v
ths Western Union Telegraph Co. wi
negun. Mrs. Carpenter is tepresen q 4
by Horace q. Knowles and the coul
sci for the defence is A. K. Sanboi
aud John W. Huxley. Ii is an HctiS
to recover damages for alleged iailu
T. deliver a telegram. 1t is aliegi
that Mrs. Carpenter received Wo
that her mother was dead in Oa
laadon, Marion county, Ind. In orc
that she mish ht see her mother Mr.
Carpenter decided to attend the 4
neral and in order that interme
should not be MADE before her arris
IN Indiana sne decided TO telegraph
Ter relatives to POSTPONE the funer
pending her arrival. IL is alleged th
she called at the Office OF the Weste
Union lie eRraph Co. in this city al
was tcld that there was a telegral
office in OaklandoD. She alleges tn
sue sent the message, incluoing a 7
quest to meet her at Indianapl Ii
Upon her arrival at the latter plac
sue alleges, she was not met and tn
after securing a conveyance to ta
her - miles she found that her motn
had been buried and that no telegra
had been received. 1t is for the 9
pensa OF the trip and the trouble, VIC
riment and disappointment that she
asking damages.
Court took a recess until 2. 30 o'olo
, this afternoon.