The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-07-15

came to the city yesterday afternoon
to hear arguments for new trial in
the $40 00O- suit of Mrs. M. j. Calendar
against ATTORNEY John z. Kelly, as
signee of the Olyphant Trust COM
pany. The Judge handed down two
opinions also. In one he refuses 10
strike off the non-sut in the trespass
suit of Catherine Sweeney against the
Scranton Railway company, and in
the other he decides in favor of the
borough of Taylor against the Cen
tral Pennsylvania Telephone and Sup
ply company.
In the main court room he heard
the arguments in the bond case. At
torneys S. B. Price and Major Everett
Warren represented Mr.. Kelly and l.
II. Burns and w. S. Diehl. Mrs. Cal
lendar. The case was tried last term
and took up nearly whole week. The
jury was out a day and a half, and
rather than have disagreement,
Judge Mcpherson directed a verdict
for the plaintiff, with a rule to show
cause whv new trial should not be
granted.
FOUND THE BONDS.
When Mr.. Kelly took charge of the
affairs of the bank in the capacity
of assignee, he found deposited In the
First National bank of this city $4,000
worth of bonds by the Olyphant Trust
company as collateral security for an
open account between the two insti-
tutions. Mr.. Kelly took possession Of
the bonds as part of the assets, and
the next thing that happened was a
notice to him that the bonds were
not the property of the bank, but of
Mrs. Calendar. Eventually she
brought suit against him and the ver-
dict as directed by the court, was in her
favor. 1t is to set that verdict aside
and grant a new trial that yesterdays s
argument was based upon.
The contention is that Mr.. Kelly cred
tied the bonds to the bank because
S. w. Calendar, husband of the plain
tiff, admitted that the bonds were paid
as a part of a stock subscription of
$25, 900. Mrs. Calendar alleges that
her husband took the bonds for safe
keeping and gave them to NJ. j. Stone
cashier of the bank, to tide him over
a financial embarra ssment, ! without
her knowledge. Just what negotia-
tions went on between Stone and CAL
lendar relative 20 the bonds are not
specifically set forth. On the trial
their statements were at variance very
much.
PLACED IN STONES HANDS.
The bonds were put into the hands
of Mr.. Stone about the time the bank
ing examiner was making his rounds
to bolster up the accounts Of the in
| stitution while he was going over the
books. The arguments on both sides
were lengthy. Judge Mcpherson will
| render a decision some time later.
His opinion in the suit of Taylor
! borough against the Telephone COM
| pany disposes of a matter that had
! been pending for long time. The Dor.
ough was incorporated in November
1898, and the beginning of the next
year its council passed an ordinance
| imposing a tax of 81 on every pole
and $3.50 on every mile of wire. The
| same to be paid on or before the frs
| Monday in April every year
The total amount of the tax thu!
| imposed was S33.4l The company re
fuses to pay it on the ground that i
had paid it's state tax. The borough
sued before a justice of the peace anC
got judgment. The company appealed
to court, and by agreement the cas-,
was heard before Judge Mcpherson
without n jury. Attorney John NJ
Harris represented the borough anC
Hon. f. n. Willard and J Addison
Candor, of Williamspor'. me company
Judge Mcpherson gives a long opin
ion in the case in which he decides
that the borough cLuncils have the au
thority to impose such tax. He di
rects that judgment be entered TO
the borough for sS3.4l with interes
from April L. 1894.