Evening journal., 1908-02-03
SUES TO RECOVER
$1,000 ON NOTE
E. ". Pyle Claims Amount
as Due fiim by {. h.
GaIlaheT

In the absence Of Chief Justice Lore
and Judge Pennewil, who are holding
court in Sussex county, Associate
Judges Spruance and Boyce cat in the
New Castle County Court this morn
ing. Judge Spruance announced that
the court would sit only two weeks aud
that the members of the bar would
have to arrange to try cases listed tor
the January term within that time. The
March term. which promises 10 be
longer than the present term, will open
on the FIRST day Of March. thus impos-
ing considerable work on the judges
This was the day nXed for second
trial of the damage suit of Philip
Lynch's exectors VS.. the Wilmington
City Railway Company, but absence of
a material witness caused a postpone
ment Of the case until Thursday.
Trial of thes uit of Edward w. Pyle
VS.. Edward II. Gallaher to receive on
promisory note for $1,000. dated July 10,
1902. was begun. ]. Harvey Whiteman
Off Mr.. Pyle and L. Irving Handy for
Mr.. Gallagher The case has been in
court since 1906 Mr.. Pyle's claim to
date totals sS67S.s7.
According to the testimony of Mr..
Pyle. who was former partner in the
business of Gallaher and Pyle, he and
Mr.. Gallaher agreed sometime previous
to July, 1902, to purchase shoe busi-
ness in this city, the witness turning
over to Gallaher $4,000 for the purpose.
| Gallaher was to have 40 per cent Of the
stock and the witness 60 per cent. AS
security for the loan of $1,000, repre-
| senting 40 per cent Of the $4,000 invest
ed. Mr.. Gallaher gave the note to Mr..
Pyle. One condition Of the transaction
was that Mr.. Gailaher should pay 20
Mr.. Pyle annually one fourth of his
share of the profits of the company and
that the note was to be continued until
it was paid in this manner. Mr.. Pyle
said Mr.. Gallaher had paid only S5C
i on account Of the note and had re-
fused to meet interest payments after
the third year of the note. Mr.. Pyle
said it was true he had advanced Mr.
Gallaher the money before the corpora
tion of Gallaher and Pyle was organ
lied and had accepted the note some-
time after he had paid him the money
With this testimony the plaintiff closed
his case.
Mr.. Gallaher then went on the stand
and told his story of the trouble grow.
ing out Of business affairs. He said d,
and Mr.. Pyle were to buy out the busi'
ness Of Hayes and Company for $4,000
and that Mr.. Pyle mad provided hin
with the money to buy the business
He did so. Mr.. Pyle was to hold g.
Der cent Of thes took and receive {
weekly salary Of s25, and Mr.. Gallahei
40 per cent. of thes took and to receive
a weekly salary Of $S5. Mr.. Gallahe
said that when the business was in
corporated Mr.. Pyle demanded a not
from him covering the value Of hi
stock in the company. The note wa
to be renewed from year to year -
condition that Mr.. Gallaher, the maker
pay on the note every year one-fourt
of his profits Of the company. MI
Gallaher said he did this in 1908, 100
and 1906. He did not make the pay
ment in 1905 because the company di
not declare a dividend that year II
declared that all the money turned owe
70 him by Mr.. Pyle had been investe
in the business. The case will go L
the jury this afternoon.