The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-10
BAIRD AGAINST Curtis
Former Says He Was the Victim Of Mall.
CiOuS Prosecution.
ASKS SUBSTANTIAL DAMAGES
Wants Walter B. Curtis to Pay Him
S25, 900 for the lndignitY He Suf-
fered in Being Cast Into JaiI-t1is-
tory Of the Case-Three Sheriff's
lnterpleader Cases Tred-Verdict S
That We're Returned Yesterday

$25 600 damages from Walter b. Cur
tis of Boston, called for trial before
Judge Gunster in court room No.
yesterday afternoon. The damages
are asked for unwarranted and malic-
ious prosecution, with the resultant
imprisonment, which Mr. Curtis insti.
tuted against Mr.. Baird Attorneys r,
II. Shurtleff and j. Elliot Ross are
presenting the plaintiff side Of the
case and Attorneys w. w. Watson
and W. s. Diehl the defendants.
1t is alleged on behalf of the plain
tiff that in 1888 Mr. Baird opened a
shoe store on Wyoming avenue, this
city, and purchased the greater portion
of his stock from Curtis & Co., of Bos-
ton, of which the defendant is n NOM
Der. The goods were obtained.on an
arrangement by which Mr.. Baird was
to pay the Boston firm with tho money
he derived from the sale Of the stock,
Business not proving successful Mr..
Baird suggested to Curtis q Co. that
the arrangement between them had
better terminate, as the results were
not satisfactory.
TOLD HIM TO KEEP ON.
Walter B. Curtis told Mr.. Baird not
to be discouraged as it is always.diifi
cult and expensive to start new bust
ness. The arrangement as.continued
until Aug. 10, 1889, but as business had
not, up TO that time, improved 1t was
decided by Mr.. Baird and Mr.. Curtis to
suspend There was meeting on
Aug. 12 of Mr.. Baird. Mr.. Curtis and
their attorneys, at which 1t was decided
that Mr.. Baird should assign to Curtis
& Co, his stock, book accounts, Sc
curities, ETC., and give thirty day
judgement note for $500.
In consideration of the transfer Mr.
Curtis agreed to sign paper releasing
Mr.. Baird from the payment Of s., 900
that he'ewed Curtis d Co. The papers
were duly signed, possession of the
stock, books. ETC., given to Mr.. Curti'
and Mr.. Bsird's attorney left for New
York on business
The next day Mr., Curtis, evidently
not satisfied with affairs swore out a
warrant before Alderman Wright OF
the Ninth ward, charging Mr.. Bairt
with obtaining. by false representa-
tions, release from the payment of a
debt of S2, 600
BAIRD HAD TO Go TO JAIL,
Mr.. Baird was arrested and, being
without legal advice or q bondsman
was committed to the county Jail il
default of $500 bail He remained il
Jail thirty-siX hours, until his attor-
nsy, who had been summoned to return
from New York, secured bis release by
obtaining an order from one of the
Judges Of the court. For the indigni.
ties he suffered in being thrown into
prison, for the assault offered to hi
person, and the expense he incurred
Mr. Baird wants to be reimbursed
His side Of the case, as presented
above, was related to the jury by AT
torney Shurtleff Alderman 0. b
Wright was sworn and said he ISSUED
the warrant for Mr.. Baird's arrest, anC
subsequently committed him to Jail
The information the warrant was is
sued on was sworn to by Walter B
Curtis. Mr.. Baird was next sworr
and told of his relations with Curtis 1
Co. 1t is substantially as given above
Mr.. Baird was on the stand whel
court adjourned for the day.
In the case Of Michael Mclaughlin
against Jermyn d Co.. n verdict o
$26 10 was returned for the plaintiff
yesterday, and that Of Patrick Nc
Laughlin against the same firm a yer
dict of $i.19 was given for Mr.. Nc
Laughlin.
TRYING INTERPLEADER CASES
Before Judge Gunster yesterda
morning the sneriff's interpleader cas-
OF John Eldred, Of Binghamton, ,agains
Duke &; Co. was tried. Mr.. Eldre
caused the effects Of H. d. Swartz, o
Dalton, to be sold and purchased tn
goods at the sale to secure the judg
ment he held. He did not remove then
from the premises and they were levie,
on by Duke 81 Co. AS chattles @
Swartz's. The jury said the goods he
longed to Mr.. Eldred Attorneys Ed
ward Miles and Richard Holgate wer
counsel for the plaintiff and Attorne!
G. H. Wellss for the defendant
Another interpleadsr case, that o
Mrs. Sarah Bradley against Crandal
e. Co., of New York, was Immediately
called for trial.
Some time ago the household off4ct
of the Bradleys we're sold to satisfy {
judgment held by Kerr e. Siebecke
against the husband, II, Bradley, a fur
niture dealer. Mrs Bradley says tina
she purchased the furniture from X 'rl
& Siebscker after the sale On Ma
30. 1S0S,it WAS levied on at the instanc
of Crandall q Co. as the property Of Il
Bradley. Mrs Bradley served motto
on the sheriff that it was her property
and the latter asked the court to de
eide. The defendants contend that tht
transfer OF the property was schem
to defraud Mr.. Bradley's creditors.
verdict had not been agreed upon whe
court adjourned.
BEFORE JUDGE EDWARDS.
In court room No. 2, before Judg
Edwards, the greater part of the da
was consumed with the trial of tn
interpleader case of w. M. For
against John W Masusr & Son, oil ant
yarnish dealers, of New York.
The defendants levied on the stock /
a paper store on Penn avenue as tn
property of Miss Mary Ford, Th
plaintiff claims that the stock is owns
by him. Attorneys John +. Scrag
and S. B. Price appear for Mr.. Ford
and Attorney f. G. Newcomb for tn
defendants The case was bein
argued when court adjourned.
Altar Swearing OFF