The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-10-05

Mrs. Margaret J. Callender's suit for
$4,000 against Hon. John p. Kelly, as
assignee of the Olyphant Trust COM
pany, was called for re-trial before
Judge Searle yesterday. Judge John
B. Mcpherson tried the case last fall
and gave binding instructions for the
plaintiff. He afterwards admitted the
defendants contention, that he was in
error in not submitting the matter to
the jury, and directed that the case he
| retired.
The suit grows out of the failure Of
the Olyphant Trust company in 1895.
| When Mr.. Kelly, the assignee, took
| charge of the banks affairs he found
| in the hands of the First National
| bank of Scranton a budget of coupon
| bonds of the aggregate par value of
| $4,000, which had been deposited there
| by the Trust company as collateral
| security for a $4,000 Indebtedness to
the bank When sufficient money had
| been collected to redeem the bonds, the
assignee took them from the bank and
sold them, accounting for the proceeds
as other assets were accounted for.
Later. when ]. Alton Davis, acting
as auditor, was engaged in distribut-
ing the funds in the assgnee's hands,
| Mrs. Calender presented claim for
the value of the bonds in question, al
leging that they were her property, de-
scended to her from her fathers es-
tate, and that she had loaned them to
the Trust company, through her hus-
band, who was it's ice-president.
THEY WERE A LOAN.
He took them out of their private
vault, she says, upon her authorization
and delivered them to the bank as a
loan, receiving from the cashier. NJ. j.
Stone, a certificate setting forth that
the bonds were borrowed and that they
would bear interest at six per cent.
The defendant claims that the bank
did not borrow the bonds from Mrs
Calender and never knew her in the
matter at all. He contends that Mrs
Callender's husband, ice-president OF
the bank, loaned the bonds to M. ]
Stone personally and that Stone sold
the bonds to the bank to cover his in
debtedness at the time the state bank
examiner complained of the insecurity
of the Trust company's assets.
The plaintiff is represented by 1. H
Burns and w. S. Diehl. Mr.. Kelly has
as his attorneys S. B. Price and Major
Everett Warren.
The Rhodes Vaughan OK case went
to the jury yesterday at o'clock in
the afternoon. after the whole day
had been consumed in listening to the
SIS dispute it embraces. Yesterdays
proceedings were enlivened some by
tilts between the attorneys and an oc-
casional bit of odd or interesting test
imony.
One of the witnesses NJ. ]. Kinney
Of Goudboro, who in his capacity of
village blacksmith had frequent occa-
sion to shoe the oxen, testified that he
never saw anything wrong with them
and to the best of his knowledge and
belief they were perfectly sound. Mr.
Ceilings, counsellor the defense, on ex
aminng the witness asked if it wasn't
> so that he was a Christian Scientist
REPLIED IN KIND.
r The witness admitted that he was
"Then you wouldn't admit said Mr.
Ceilings, that there could possibl,
, be anything the matter with the oxen
= If one of them walked lame yol
/ would say that it wasn't lame; it wa
j all in the imagination of the OK. l.
= that risht?" The witness merely an
!, swered that If Mr.. Ceilings said sucl
= was the case it must be so.
S w. w. Williams is plaintiff an
s Thomas j. Healey defendant in a pc
;, culiar case now on before Judge Arch
= bald. Williams sues on sl24 judg
= ment note which he claims was givel
/, him In 1884 for carpenter work don
n on the defendants house.
k The defendant says he never CAV
k the note, never knew of it's existenc
r until eleven years after it was dated
t when Williams executed on it, and fun