The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-09-24
SUED BY A LODGE.
Landlord Sought to be Held For value of
Fixtures.


A civil suit of interest to many people OF
town was tried before Justice Shoemaker last
night with the trustees of Shenandoah Lodge
No. SOL, l. o. o. F., as plaintiffs and John A
Reilly as defendant ]. II. Pomeroy. Esq.
appeared for the trustees and NJ NJ Burke
Esq, represented the defendant. About three
hours was consumed in the trial of the case
Messrs. Thomas Bells, 4. r. Williams Harry
Reese and William Rennie were witnesses for
the plaintiffs The defense put no witnesses
on the stand depending upon arguments
| 1t appears that when Mr.. Reilly built his
building on South Main street after the great
! fire of 1888, the trustees Of the lodge made
an agreement with him by which they
leased the entire third floor of the structure
for lodge and ante-roOms It is stated that
Mr.. Reilly was not prepared to put the place
in the condition the lodge required so the
latter advanced him FIVE years rental 60
finish that part of the building. An agree
ment was then entered into by the trustees
and Mr.. Reilly, by which the lodge was to
put in fixtures, partitions platforms, fur
niture, ETC., and that when the lodge should
decide to vacate the premises fifteen DAYS
notice would be given to appoint an ap-
praiser to meet an appraiser appointed by the
lodge, and the two thus appointed were to
select a third. The three appraisers were
then to fix a value on the furnishings and
fixtures of the room and the amount they
decided upon was to be paid by Mr.. Reilly to
the lodge, he retaining the fixtures and fur
nishings of the room as his own property
after the Sppraisment and payment.
The trustees contended last night that as
the lodge erected a building of its own last
fall it had no further use for the lodge room
and last December fifteen days written notice
was given to Mr.. Reilly to appoint an ap-
praiser that Mr. Reilly stated he had Sc
lected the late Mr.. e. f. Gallagher. The
trustees called upon the gentleman, but he
said he had not been selected and would not
act Mr.. Reilly was again called upon and
he said Mr.. NJ. J. O'Neill had been chosen
by him, but Mr. O'Neill disclaimed the se
lection when called upon by the trustees.
Mr.. Reilly was called upon a third time and
he said Joseph Bell would be his appraiser
Meanwhile the first of January, 1897. the
date on which the lease expired, was draw
ing lear at hand and, to avoid the risk of
being held responsible for another years
rent, the lodge removed the furniture on
December 3lst 1885, Thomas BELLS, ap-
praiser for the lodge, Joseph Bell for Mr..
Reilly, and Josiah W. johnson, selected by
the two appraisers, subsequently met and ap-
praised the platforms, partitions, gas fixtures,
ETC., left in the rooms at S175. The
lodge sued to recover the amount. Mr..
Reilly repudiates the appraisement, alleging
that the lodge had violated its agreement in
many respects, notably in removing the
furniture before the appraisement was made
He also claimed that the value placed on
what was left in the rooms was too high and
that he had not received proper notice of the
appraisement. The lodge did not retain
copy of the notice it served, but Messrs.
Thomas Bells and Harry Reese swore that
proper notice in writing was served on Mr..
Reilly. Justice Shoemaker reserved his
decision until Tuesday evening, next.