The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-01-12
INTERESTING CASES
FROM OLD LUZERNE
Many Tales Of Trouble from Wilkes.
Barre and Thereabouts.
SUPERIOR COURT HAS A BiG DAY
A HazIeton Transaction That Has
Some Interesting Features--Insur-
ance Companies Duty the Subject OF
Discussion in Two Cases-- Consti-
tutionality OF an Act Brought In
Question.-Echo OF the Rockefeller
Bank Failure Heard by the Court.

At the opening of superior court yes
terday morning Judge Wickham APP
peared on the bench with his asso-
ciates, having arrived a little while
before. Judge Reeder. the other alb
sentee, it was announced is i'll, and
may not be able to attend the present
session.
President Judge Rice announced that
the motion made on the previous day
by Grant Herring in the appeal of the
School Furniture company, of Blooms
burg, had been quashed. A nolle pros
was directed to enter.
Arguments were finished in the APP
peal from the common pleas of Lu-
zerne by James T.. Cleveland, of
Wilkes Barre in the case brought
against him by the estate of John r.
Jones, deceased, of Binghamton, Mr.
John +. Scragg arguing for the appel
liant, and A. j. Colborn for the appellee.
The next case called was that of Jo-
seph Martachowski against Frank
Orawitz, appellant. appeal from the
common pleas of Luzerne. John T. Len
ahan and George II. Troutman argued
for the appellant, and John McGahren
and Il. McManus for the appellee.
1t appears that Oravitz was WELL
to-do saloonkeeper in Hazleton, con-
Quoting one place and owning the
premises and fixtures of another, of
which John Wilmer was proprietor.
Wilmer wanted to go out of business
and Martachowski was desirous of en-
tering. A deal was engineered by Or
avitz. which placed Martachowski in
Wilner's place, and eventually in Jail
for selling without a license. He sued
Orawtz and recovered $S77.5O damages.
The present appeal is from this ver-
dict.
COULD NOT SPEAK ENGLISH.
Martachowski is an Hungarian, and
| that time was not naturalized and
| could not speak English. When he bar
| gained to buy out Wilnnr's place
| Oravitz took him before Squire Shutter
| and for a consideration of S15 he was
| supplied with what he was led to be-
| lieve was a naturalization paper and a
| transfer of the hotel license. Marta
! chowski paid Oravitz for the hotel fix
| lures entered into lease for the prem
| ises and started in to do business with
his American paper" and his license
tackled IN behind the bar
So positive was he that his papers
were all right that he defed the con-
| stable of the ward and shortly after
wards found himself arraigned for sell
ing liquor without license. His at
| torneys could make no defense for
him, and he had to plead guilty. He
was sentenced to Imprisonment fol
three months and fine of $500.
After serving six months he was dis.
| 1hDrUp1 m of a
missioners. Upon his release he brought
an action for damages against Ora.
vitz, with the result stated above.
Errors in the charge of the lower
court are assigned as the reasons fol
a reversal One of these alleged er
rors is that the judge did not limit
the extent of the damages, but allowed
the jury to mulct Oravitz not only fol
damages that might have resulted
from the alleged deceit Dracticed il
the sale. but also for the Imprisonment
that the defendant had undergone a!
a result of his own breach of the Nquo
laws. and his plea of guilty upon th'
indictment for violating them.
LUZERNE CASE.
Next was called the case of d. G
! Yuenlng q Son, now assigned to c
SteGmaier & Son, against Peter p. Jen
nings and Ann Jennings, defendants
| and the Quaker City Mutual Fire In
surance company, garnishee, appellant
1t is an appeal from the common plea.
of Luzerne James r. Scouton and w
r. Gibbons reprs sented the appellants
John McGahren and Il. +. McGovern
| the appelees.
Jennings kept a saloon at Glen Lyon
He carried 500 insurance with th
garnishee company. The saloon wa
totally destroyed by fire. 'Stegmaie
had a judgment against Jennings an,
brought suit to recover on il, marlin:
the insurance company garnshee. Tn
insurance company made the defenS
that notice of the fire and certifCatiOl
of the loss was not properly made, an,
claimed that by reason of this Jen
nings lost his right to recover on tn
policy.
Judge Woodward ruled that the com
pany should have acquainted benning
with the defects in his notice and Ger
tificate, and allowed him a reasonabl
time to correct them. The jury foun,
for the plaintiff, and an attachmen
was Issued against the insurance com
pany. The appeal is based on Variou
alleged errors in the charge of tn
court, the above ruling being include
among them.
The appeal of the school district o
the borough of Warrior Run from tn
decree of the court OF quarter session
of Luzerne, adjusting the liabilitie
and property of the districts after thei
division was argued by b. r. Jones an
G. l.. Halsey for the appellant an
James II. Shea and William s. McLea
for the appellee.
The borough of Warrior Run wa