The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-25
JURY has WlNT0N Case
Retired to Make Up Its Verdict Late
Yesterday Afternoon.
JOHN ". FOWLER WINS HIS SUIT
Judge Archibald Granted u Compulsory
Non Suit IN Case Of Council 4 Son
Asainst Mary Zeidler - Walsh
Case Now on Trial.

Zeidler. The suit was to recover SsOS
on a mechanics lien filed against the
defendants building on Franklin ave
nue.. When the testimony was in At
torney E. c. Newcomb moved for
non-suit on the ground that the plain
tiff had not shown a certificate from
the superintendent in charge of the
construction of the building showing
that the work was done according to
contract, and also that when a sub
contractor files a lien he must specify
the items for which the lien is entered.
Connell & Sons were sub-contractors
from Shiffer Bros, who had the con-
tract Of the building. A rule was
granted to strike off the non-suit, re-
turnable to argument court.
In the main. court room the case Of
the Winton Coal company against the
Pancoast Coal Co. was tried. Judge Ed
wards charged the jury at adjourn
ment and they retired to find verdict.
The plaintiff claims an undivided one
fourth interest in the coal underlying
los acres of land In Throop borough
and the defendant denies that the
plaintiff owns more than one-eighth
undivided interest. The. bulk of the
testimony was In the shape Of paper
title dating from the commonwealth
down to the present time.
Verdict Re cudered for Fowler.
A verdict for the plaintiff was rem
dered by the jury in the suit of
John w. Fowler against NJ. o. Webster.
Judge Purdy submitted a long list Of
special findings bearing upon the argu-
ment and money transactions between
the parties, and the jury answered af-
firmatively in each instance. The suit
was sent up from equity court. Fow-
Ter and Webster entered into an agree
ment to purchase 100 acres of land on
the West mountain on which was To-
Gated a valuable stone quarry. Web
ster did all the purchasing and he sold
the land afterward to the Scranton
Stone company for valuable consid-
Grafton. Mr.. Fowler brought suit to
compel Webster to share the profits
which the defendant demurred from
doing, specifying that Fowler did not
take an interest in the land until he
found out 1t could be sold at high
figure.
In the appeal suit of b., Arnovitz
against John Kelley a verdict of $51
was taken for the plaintiff. and in the
suit of L. D. Warner against Martin
Allen voluntary non-suit was en-
tered Of record. r,.r
In No. 3 court room the case Of James
NJ, Walsh, executor against the DWELL
ing House Insurance company was
tried. Attorney NJ. f. Mcdonald rep
resented the plaintiff and ex-Congress-
man Lemuel Anerman. the defendant.
This case has been explained many
times before.
Left Her Property for Her Son,
The PLAINTIFFS mother lived in Dun
more and had her property insured for
$1,000 with the defendant company
She died three years ago and left all
her property to her son, the plaintiff
appointing him executor. He, soon af-
ter her death. went to H. F. Paine's
Office in the Coal Exchange. Mr.. Paine
being the general agent In Scranton Of
this company, and inquired about what
was necessary to be done with the
policy. so that il anything should hap
pen the company would pay.
Mr.. Paine told Walsh nothing was
necessary to be done in the way Of q
transfer. that the policy would be all
right and when it ran out in year or
so Walsh could have 1t issued in his
own name. Relying on this Walsh
went home. Some time later the house
burned down and when he applied for
payment Of the policy. the company
refused to pay It on the ground that
when Mrs. Walsh died the policy ceased
with her and any way 1t had not been
transferred to her son.
Suit was brought and when the case
came to trial a non-suit was granted
on the same ground that the company
refused to pay the policy. The court
took the non-suit off after hearing
argument and ruled that the company
was bound by the act Of the general
agent When the case came to trial
yesterday 1t was decided that in order
to facilitate business no witnesses
would be sworn. but that the tran
scribed testimony. Of former trial
would be read to the jury. When the
plaintiffs side was finished the de-
fense asked for non-suit which the
court refused and the case then went
to the jury without any evidence Of
the defendant. The jury had not
brought In verdict at adjournment.
Case Tried In Court Room No. 3.
In No. the case Of A. T. Philo
against Joseph Halderman was called
before Judge Archibald. Attorneys
Hulslander and Vosburg represent the
defendant and Attorney Cornelius
Smith, the plaintiff. The suit is for a
board bill of about $40. Mrs Irene
Haldeman, now divorced from the de-
fendant, was his wife until the latter
part of last year. On March IA, 1895.
she left him and went to stay with
Philo's family. Suit is brought for her
keeping from this date until May 9
subsequent, though she staid there un-
til October.
Tried Before Judge Purdy.
Judge Purdy tried the suit Of A. r.
Cowell against Attorney Charles r.
Pitcher, executor OF the estate Of Attor-
ney Thomas r. Hughes, deceased. At
torneys c. w. Dawson ana George w.
Beale appeared for the plaintiff and At
torney Thomas F. Wells for the defend
ant. The evidence was all In at ad-
journInent and the case win go to the
Jury today after arguments Of counsel
are made and the charge Of the court is
delivered. ,t't's
It is a suit for damages alleged on
account of q landlords Warrant issued
upon the plaintiff for the purpose Of
collecting rent. Cowell claims that At
torney Pitcher went too far In his eager
ness to collect the rent and IL liable for
dana 70. 80 ti.. .ii f7.g