The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-09-10
SOUTH SCRANTON.

The Mountain Lake Coal and Land
company were the defendants in an ac-
ton of assumpsit last night in Alder
man Lentes' court. Fred Baldner was
the plaintiff. Fourteen months ago
Mr.. Baldner purchased from the COM
pany several lots owned by them near
Mountain Lake. Running through the
properties bought by Baldner is a rail-
road The removal of the track would
cause much loss to the coal company
and at the time when negotiations
were pending for the sale II was ver-
bally agreed between the two parties
interested that the track would re-
main. An amount sufficient to recon-
pense Baldner for the inconvenience
of II was deducted from the price of
the lots. A few days later Baldner
with his attorney called on S. G. Kerr,
who was at that time president of the
company, and informed him that it was
the wish of the purchaser that a stip-
ulated amount be paid as rental for
the ground taken up by the track.
His proposition was submitted at the
next meeting of the board of directors
and voted upon favorably. With Bald
ner an agreement that $50 a year, to
| be paid monthly, was to be given him.
The contract was signed by president
Kerr and c. c. Ferber then, and now
| president of the company, and Baldner.
| The first monthly payment was remit
| ted but treasurer Ferber has refused
to make any further payments Baldner
alleges, hence his action to recover $65
due him. At the hearing Attorney Ros-
coe Dale appeared for the coal COM
pany. Louis Siebecker, the present
president of the company, testified that
Baldner was to receive but IS a year.
The contract agreeing to pay that
amount per month was offered in evil
dense for the plaintiff. The defense
objected to its admission as evidence,
it not having the seal of that corpor-
alton stamped on the back of it. The
objection was over-ruled. Mr. Siebeck-
er further stated that Mr.. Kerr made
the error in the contract, as it was
| supposed at the meeting of the direc-
tors that the amount was to be for one
year and not one month as the contract
reads. Mr.. Kerr being in Colorado ad-
journment was ask for thirty days
when the defense will ask to have Mr.,
Kerr's testimony taken. The request
was granted.
Michael Duffy and his son, Joseph
Duffy We're arraigned before Alder
| man Ruddy last night on the charges
of assault and battery and threatening
to kill preferred by Ann Duffy, wife
and mother respectively of the defen-
dants. The warrants for the arrest Of
father and son were issued August 26tt
last. In the information given Mrs
Duffy alleges that she was badly beat
en- and thrown out by her hus'
band and son. After Special Officer
Ruane brought the prisoners to the
| alderman's office he made several un-
availing efforts to locate the prosecu
trix. The alderman discharged the de-
PENDANTS.
The Keystone, orchestra of this side
commenced last night to resume week
ly rehearsals after a suspension dur
ing the summer months.
S. N. Phillips is in attendance at
the Monroe county fair now being hell
in Stroudsburg.
Mrs. Charles P. Armbrust anC
daughter, Madeline, are visiting in
Stroudsburg.
The funeral Of Margaret Murphy
late of Beech street, was held yester
day morning. A high mass of re-
QUEEN was celebrated at st. Peter!
cathedral by Rev. Father McGould
rick. Interment was made in Hyde
Park Catholic cemetery. The pail
bearers were: owen Carey, Johi
Gaughan, James Jordan, Edward Nc
Intyre, Torrance Carey and Anthon!
| Hastings.