Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-11-09
THE PENN BANK AGAIN
Arguments in the Supreme Court on
Assignee Warmers Suit.
A MUTUAL LIFE INSURANCE PLAN.
for Retrials of Three Con-
victed Murderers.
THE NEWS OF THE COUNTY COURTS

The defunct Penn Bank had another air
ing in the Supreme Court yesterday. The
appeal of Henry Warner, assignee, against
Thomas Hare and others was argued This
was the proceeding for the taking and stat
ing of an account between the defendants
and Mr.. Warner, wherein the latter alleged
that the defendants are largely indebted to
him, assignee, for the proceeds of certain
bills receivable of the Penn Bank,
which, after the first suspension
of the bank, and before the final
failure, were Endorsed, delivered
taken and held by the defendants, directors
OF the bank, as collateral security, to in
demnify them as accommodation makers of
promissory notes, alleged to have been
made for the accommodation of the bank
The question raised is whether or not the
defendants are entitled to a credit for $44, =
956 93 claimed by them to have been paid to
the Germania Savings Bank, and which is
claimed to have been a misappropriation
and improper payment of the proceeds of
the bills receivable.
Collecting Interest on Contracts.
The case of Booth & Finn against the
city to recover q balance OF $783 claimed to
De due on the contract for paving South
Twenty-eighth street from Carson to Jane
stree: was argued. The question at issue is
whether or not the plaintiffs were entitled
to interest on the contract price from the
time the work was completed until payment
was made.
There was an argument in the case of
Mary e. Urias against the Pennsylvania
Railway. The action was to recover
damages for the death of the plaintiffs hus-
band, who was killed at Copeland station
July 90 1891. A verdict for S25, 900 was
received in the lower court from
which the railroad company appealed.
The case of Harry I. Friend against
Martha E. Lamb was argued. 1t was an
action to compel the specific performance
of contract of purchase of real estate by
the defendant.
An interesting story developed in the
argument OF the case of Elizabeth Hill, ad-
ministratrix of the estate of Laban 8.
Hooper, deceased. against the United Life
Insurance Association.
A Combination Against Death.
Hooper was the ninth man in a party of
ten men who had combined together to have
their lives insured for S1O, 600 apiece, agree
ing that when the first died his estate
should receive 81, 900 and the remainder
should be divided between the other nine
When the second should die the same dis
position was to be made of the insurance
money, and so on until the ten men should
be dead. When Hooper died the plaintiff
objected to this kind of distribution of his
on the ground that the agreement
he had entered into was in the nature of
wager. She lost the case in tine lower court
and appealed the case.
The other cases aagued were: The appeal
of Robert F. Clever from the definite de-
cree of the Orphans Court of this county;
W. G. O'Reilly against G. G. Graft and
others, an election controversy from the
borough of Grafton; petition of Jas. S.
Young and George Estep relating to the
time for holding elections in Duquesne
borough; appeal of James Evans in regard
to the voluntary assignment of Daniel B.
Brown; W. L. Perry against the Pittsburg
Union Passenger Railway Company, an
action to recover damages; the Fidelity
Title and Trust Company against VIM.
Weitzel, an action on a will, and the ap-
peal of Joseph Walton from the judgment
OF Common Pleas Court No. 2, in the
American Bank case.