The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-09-29
SCHMIDT
THE VICTOR.
A Law Suit Which Created Much
Local Interest Ended.
THE ARBITRAT0RS' AWARD.
They Allow the EX-Receiver Of Taxes
Most of His Claim and Give Wa
terS an Allowance.
THE ARBITRATORS' AWARD.

A case which has excited some interest
was arbitrated in the Office of NJ. NJ.
Burke, Esq, in the Egan building, yes.
terday afternoon. Interest in the case
was created by the fact that it was based
upon suit to recover taxes, and in the
offset put up against the claim defunct
cornet band became involved and revealed
the vicissitudes which stray the path of
some who seek fame in the musical world
The plaintiff in the case is Christ Schmidt,
ex-Receiver Of Taxes in this borough, and
the defendant Thomas G. Waters, form
erly a business man of this place and now
a resident of Eureka, Bucks county.
1t seems that several weeks ago, when
Mr.. Waters was about to ship his house
hold effects from town to his new home
Mr.. Schmidt sued him for taxes amount
ing to about S73. Mr.. Waters gave Sc
curity for the amount pending trial of
the case to decide the claim and when the
suit came up in court all parties agreed
upon an arbitration.
In accordance with this agreement
Messrs. NJ. G. Watson, John A. Reilly
| and A. H. Roads, the arbitrators; S. G.
counsel for the defense, and M. NJ. Burke,
| ESQ.,, counsel for Mr.. Schmidt, met yester-
| day to hear the evidence.
Mr. Schmidt claimed that Waters was
| in his debt to the amount already stated.
Mr. Waters testified that about three or
four years ago the members of the Cam
bria Band called upon him and rented his
| basement for band room. Mr.. Waters
tore out petition and fixed up place
| for the purpose and it was occupied
Shortly after the band got shaky. II
didn't pay its rent, or for the coal oil OF
coal furnished. The members ultimately
| confessed that they were in pinch, that
note for two hundred dollars which
they had borrowed from Mr.. Christ
| Schmidt was to fall due and they had no
means to provide for it. After some
| persuasion Mr.. Waters took a personal
interest in the band and an agreement
/ was made between him and the bRnC
that he should receive all the instrument,
| in consideration for his assuming the
debt of the band to Schmidt.
Mr.. Waters finally became the possesso
of the instruments and after holding then
about four months he transferred them Il
Mr.. Schmidt upon the understanding h,
said, that in case sale should be made
and Mr.. Schmidt would receive anything
lover 500 for them the excess was to bI
\ paid to Waters for the rent in arrears
4 care of instruments, coal, coal oil, etc.
| which amounted in all to $50. This amount
| Waters set up as a counter claim agains
Il CCuullub > Hulbs III OLutI WOEuss ne tOuslu
cred that instead of being in debt t.
4 Schmidt to the extent of SIS, the latte
4 was indebted to him in the sum OF S5 oVel
and above the rent, etc.
In regard to the musical instruments
\ and the band Mr.. Schmidt said he loaned
| the Cambrias, who were young Welsh
miners of town, $500 to pay for their in.
struments. He never received anything
/ from the band on the strength of thai
| loan, but after securing possession of the
n instruments he sold them to a VIM. Penn
i organization for $3.50 and thus lost ter
dollars on the principal Of the loan and
all the interest. He denied that he al
any time took Mr.. Waters as security fol-
the loan and said he never accepted any
/ security for it other than that furnished
1 by the individual members of the band
or promised to pay Mr.. Waters for rents
| etc.
Messrs. David Jenkins, Thomas Jone.
| and George Dawson testified that the
4 band was defunct and that they sur
1 rendered the instruments to Mr.. Waters
They also testified that Mr.. Schmidt haC
been paid $50 on account of the note.
In summing up before the arbitrators
4 Mr.. Hollopeter argued that after Mr.
4 Schmidt's warrant expired and the pro
4 ceedings provided by law had not beer
resorted to any taxes remaining unpaid
| and due to him became a common debt
under the law and that Mr.. Waters had
| a right to set up an offset in the suit, as il
was instituted for the collection of a
common debt. The only question in the
case, he argued, was whether or not Mr.
| Waters had an offset in the case. II he
had there should be verdict of no cause
/ of action. There was an Offset he
claimed, because Mr., Schmidt became a
| trustee for Mr.. Waters, promising to pay
/ that gentleman all he should receive over
| 500 on a sale of the instruments.
1 No ka ~ ka tpH or ~,
| by Mr.. Waters could not stand, because
it was a claim based upon an alleged
/ breach Of contract and was premature
| that a suit for breach of contract against
i Mr.. Schmidt was essential to establish
/ tue claim before it could be used as a set
| off The claim must be liquidated. On
the facts of the case Mr.. Burke argued
| that in stepping into the shoes of the
| Cam bria Band Mr.. Waters became sub
| iect to the conditions OF the agreement
| between Mr. Schmidt and the band, /. e.
that if the note given by the band should
not be paid the instruments were to be
turned over to Mr.. Schmidt ; that Mr..
Waters did turn over the instruments,
| and Mr.. Schmidt sold them and applied
the proceeds to the payment OF the note.
If there was q trustee in the case at all
Mr.. Waters was the trustee of Mr..
Schmidt, because when he had the musi-
cal instruments he held them as personal
property belonging to Mr.. Schmidt Mr..
Burke also argued that Mr.. Schmidt
could not be held for the rent, etc, which
the band owed Mr.. Waters, because he
had not signed an agreement to that
effect and under the law a man cannot be
held responsible for the debt of another
in the absence Of an agreement in writing
After the conclusion of the arguments
the arbitrators took the case under advise
ment and half an hour later rendered a
verdict in favor of Mr.. Schmidt for the
amount of his claim, less $50, which they
thought Mr.. Waters was entitled to for
taking care of the musical instruments
for four months.