Evening journal., 1915-06-15
HIGH COURT NOW
BANS THE SALE Of
LIQUOR BY CLUBS
Supreme Tribunal AffirmS
Decision of Lower Court
in Saengerbund Case
counsel TO Get fees
IN Fibre LITIGATION
Special to THE EVENING JOURNAL.

Special to THE EVENING JOURNAL.
DOVER, Del, June 15.-The su-
preme Court Of Delaware met here
in semi-annual session today in the
Kent County Court House when opin-
ions were handed down in six cases.
the court in all but one reading only
parts OF the opinion. The entire mem
bership of the court was present,
with Chancellor Curtis opening the
court.
The first opinion handed down was
that of the American Vulcanized
Fibre Company VS.. Willard Salisbury
and Hugh H. Morris, attorneys. late
trading under the number OF Sauls-
bury and Morris, and Arthur ]. Sell
fridge. The question involved was
that of counsel fees charged the
company by the attorneys for profess
sional services in which a retainer
of $4,000 had been paid by the COM
pany to the attorneys.
Chancellor Curtis read the opinion,
in which he stated that the court be-
ing equally divided on the question
as to whether the $4,000 was a part Of
the regular percentage charged by the
attorney, the judgment of the court
below was affirmed. This is in favor
of the attorneys, who will receive the
original amount charged which was
something over $4,000.
The second opinion, read by Judge
Rice, was in the case of the Delaware
Marine Supply Manufacturing Com
pany VS.. Philadelphia Lamp Manu-
featuring Company, in which a suit
was brought by the Marine Supply
Company against the Lamp Company
for a breach of contract as to the
use Of certain tools, dies, etc.
The Judgment of the court below
was affirmed in favor of the Lamp
Company.
The third opinion, read by Judge
Boyce. was the case of Stephen Tay-
lor VS.. Frank F. Davis, trustee OF
William Reeves, an insane person, II
being an appeal from the Chancellor
as TO the right of selling lands of an
insane person by trustee and CIV
ing a title in fee simple for the same
The Chancellor had decided that q
trustee would have such right, and
the opinion of the Supreme Court af'
frmed the Chancellors opinion.
The fourth opinion, read by Judge
Conrad, was that of Thomas r. Clar'
insbold VS.. the Council of Newark, II
which the question was raised as tt
the right of the assessor of Newark
to assess the property of Claringbold
The decision of the court below was
afirmed in that as the property Of
Claringbold had a saloon attached &c
n the assessor had a right to assess
II according to the values placed upoI
such properties.
The fifth opinion. read by Chief Jus
tiee Pennewill was in the case OF tn
Baltimore Life Insurance Company VI
William Floyd, being a question OF IN
relationship of a beneficiary IN a pohc
issued by the insurance company an
also as to certain questions answered b
the defendant when he took out tn
poHcv. Judgment of the court belo'
IN favor of Floyd was affirmed.
The last opinion, read by Chaneello
Curtis was that of the Delaware Saer
gerbund. incorporated, VS.. the State q
Delaware in which the right of club
to dispense drinks to its members wa
, brought into question. Without read
ing anv of the opinion, Chancellor Gun
+is simply stated that the Suprem
Court agreed with the charge and opir
: ion of the lower court and that tn
Judgment of the lower court was al
hrmed.
> The lower court ruled against tn
clubs and made illegal the sale o
drinks to members.
OF the five cases scheduled for ar
gument at the. present term, but tw
will be heard, as two of the remain
Ing three we're continued until tn
January term, and in the third cas-
Judgment was given by consent o
counsel.
The cases for argument will b
Samuel B. Hergman. treasurer OF tn
Council of Newark, defendant below
appellant, VS.. the State of Delaware
upon the relation of Lynwood T
Jacobs, plaintiff, below appellee
Ward. Gray and Neary are counse
for Hergman. and Salisbury, Morri
and Rodney for Jacobs; and Harr
Emmons, executor of Henry Blouti
deceased, defendant. below appellan
In error. VS.. Frederick Krauss plain
tiff, below defendant in error; Hand
for Emmons and Ward and Cooch 70
Krauss.