Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-02-09
COURT OF COMMON PLEAS.
Before Judge Livingston.

Before Judge Livingston.
David w. Patterson, assignee in bank
ruptcy of Bernard Short, VS.. the Mutual
fire insurance company Of Chester county.
This was An action for damages. The tes.
timony for the plaintiff showed that in
1874 Bernard Short owned farm in Mar
tic when he insured his buildings in the
defendants company, as follows $1,000
On dwelling house, s2, $50 On the barn and
s35 on the hos-pen. In the year 1879
Short became bankrupt and d. w. Patter-
son, esq.,, became his assignee. In that
year $500 Of an additional insurance was
effected on the barn and $500 on the
stock. On August 81, 1873, the barn burned.
The policy stipulated that the insurance
company could either pay the amount of
the insurance or rebuild the building
destroyed. Some time after the fire, when
the assignee had effected arrangements to
build new barn, the company contracted
to erect new barn in place of the one de-
strOyed. In May, 1879, the plaintiff was
notified that the barn had been rebuilt by
the company. The plaintiff refused to
accept the building as he claimed that it
was defective and inferior to the old one
The old walls were used in the erection of
the new barn and they were claimed 70 be
unsafe. The plaintiff also claimed that
there was a great deal of delay in the GREG
ton of the new barn by the company,
which was not finished until March, 1879.
On account Of the delay several of plain
tiffs cattle died rs there was no place to
keep them but a temporary shed on the
premises.
The plaintiff offered in evidence the pol
icy to show the nature of the covenant to
rebuild. This was objected to as the ac-
tion was one of trcspass in the case to re-
cover damages and not breach of any cove
nant of the policy. The cour: sustained
tho objection. The plaintiff then asked
leave to amend the action by making it
one of covenant instead of trespass in the
case and to substitute a narr in covenant
and change all the plcadings in the action.
This was allowed and the cause was con-
tinued.
The jury la The case of Mary Ann
Kreider, by l.ar next friend David Cramer,
VS.. Amos kvoider, rendered 4 verdict in
favor of the defendant.
Before Judge Patterson.
In the case of David T. Herr vs.. Isaac
Baer, the jury rendered verdict in favor
of the plaintiff for :3l3.92 Reasons for
new trial were filed and 4 rule was
granted.
Writ OF Estrspemcnt.
A writ of festrcpcmcnt was granted 20 Ed
ward X. Scibert, ct a., council of the
Evangelical church Of Brickcryilc, to pre-
vent Mr.. Ferns!er ct a.. from cutting tim
Der from piece of land in Elizabeth town.
ship. This land is in dispute between tho
parties.
Slander Suit.
James D. Good has entered Il suit for
slander against ANDREW Good ia the pro-
thOnOtary's office.
Salc of Tobacco.
Mr.. L. 7. Hensel, of QuarryviIIe, las
purchased the folIowin. lots Of tobacco of
1880, most of them being grown in the vi
cinity of Quarryvillc
From Rudolph Resslcr, acre at 10. 10
and 5; Emery Barr, acre at -. ) and ):
Daniel Ebcrly. u acre at 90. 10. 5 and 3;
Jacob Fritz. 2 acres ar 12!!, 5 ard 3; Ross
c. Collins, 1! acre at 10. and ;: John
Stanton, i acre at IL, > and 3; Wilson
Walker, acre at and ,; Cyrus G. Barr,
acre at 12, 6 and 3: VIM. II. Rinicr :
acres at 12, 6 and 3: Benjamin Risscl, 4
acres, part at IL. ) and 3; part at 10, :,
and ,, and part al II, Sand > :: Isaac Volt
man, 1 acre at s, 4 and 9: .'acob Ncn, 2
acres at IA 6 and ,.
C. II. Herr, OF West Lampctcr, las sod
4 acres at 90, : and 3; David I!arlliSh. of
Mannheim, has sold his crop to Blir, for %,
2, 3: VIM. Weiss. of Mannheim. sold to
Barr at Is, 6, 3: Mr.. HoStctter. of Para
disc, sold his crop of :, acres TO Burdman
at IS, 8, 8; BENZ. G. Herr, of Colcrain,
has sold his crop to Oppenheimcr at 90,
II, s, 5; ii. Witmcr, of Mannheim town
ship, sold B acres to Benson at oo2s.., 10, );
Jacob Hess, of Mannheim township, sold )
acres at 81, G, 3; MIR. Resscl, of Chester
county, sold his crop to Shirk for 90 G. 8:
John Gotslall, of Paradise. sold to Smith
3 acres at 20, 12, 8: Daniel ID. Hess sold
to Fry & Weidler acres at T., 81. AMI
acres at 1G, G..