The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-17
SUING FOR BACK LOAN DUES.
EXCELSIOR LOAN ASSOCIATION
SUES MIR. j. w. BURNS.

An Interesting Suit in the Superior
Court With Some Unusual Fea-
tures-Judge Paul Z. SenbrOOlSe
Acts in a judicial Capacity for the
First Time-A Verdict for "A Large
Amount which VIII Cost the VIM
ner HeaviIy-The Opie Case OF
Screven County SettIed-COnfeder-
ate Veterans Can Now Get Their
Pensions.
Hearing of the evidence in the case of
the Excelsior Loan and Savings Company
versus Mrs. Lily Beatty, and A. w. Har-
mon and j. w. Burns was begun in the
| Superior Court yesterday.
| The case is an interesting one
and contains some peculiar fea-
lures. The loan company is
seeking to recover the amount due on
loan made to Mrs. Beatty, who Dor
rowed $1,000 on ten shares of stock and
gave a deed to property in the southern
section of the city to secure the loan. The
| stock of the association was expected 10
mature in ten years or in 500 weeks. The
weekly payment on the ten shares held
| by Mrs. Beatty was $780, and after the
| loan was made she was required to pay
| $3.50 additional each week as interest. This
amount was to be paid weekly, as long as
the association should continue in exist
ence, or until the stock should be worth
5000 per share.
The loan was made 10 Mrs. Beatty at the
7 fifty-eighth weekly meeting of the assoc
citation. At the 142d meeting, Mr.. A. w.
| Harmon assumed this obligation, paying
Mrs. Beatty a premium for her property,
and at the 180th meeting Mr.. j, w. Burns
| succeeded Mr.. Harmon, also paying
! premium for the property subject to the
loan. The association was wound up at
| its 494th meeting. Mr.. Burns continued
paying the assessments up to the S4Sth
meeting, when he ceased paying and re-
fused to pay any further.
After the usual lapse of time provided
for by the rules suit was brought for the
total amount due, had the association run
to the 520th meeting. Mr.. Burns claims
that he understood from Mr.. 1. D. La
Roche, from whom he purchased the
stock, that there was only $40 due the as
ISOLATION and he held that having paid
this amount he had discharged his debt
| to the association.
The association claims on the other hand
that it is not responsible for any state
ment by any unauthorized party and that
the actual amount due on the stock was
the amount that would accrue between
the 34Sth and the 494th meeting, together
with interest and fines. Mr.. Burns holds
that as he acted upon the information
furnished him at the time he purchased
the stock that the loss, if any. is the fault
of the association and not his fault.
1t was brought out in the evidence that
Mr.. Burns paid Mr.. LaRoche $500 for the
property and $40 for the stock. Mr.. l. d.
LaRoche testified that he got 5000 for the
property and paid Mr.. Harmon $780, pock-
citing $500 as his fee Mr.. Harmon having
stated that he only wanted $500 for the
property. Mr.. Harmon confirmed this but
| said that he did not know that Mr.. La
| Roche had obtained $500 for the property.
Messrs. ]. r. Saussy and S. L. Lazaron
| are representing the loan association while
Mr.. W. P. LaRoche represents Mr.. Burns.
The hearing was continued until to-day.
A verdict in favor of the plaintiff, in the
case of Gotlieb e. Steangler, surviving
partner of the firm of Steangler & Null
Ter, versus George Rolf, was rendered in
the Superior Court for the amount of
S6O1127 and interest from Jan. Y, 1885
The case has been pending in the court
since 1891, being a suit for transactions in
cotton between Mr.. Rolf and the firm of
Steangler & Muller. The case was tried
in 1893 a mistrial resulting. AS MIR. Rolf
has retired from business and is said to
be without funds, the verdict is a rather
poor victory for the plaintiff, as he will
have to pay the costs of court, as well as
the attorneys fees
Judge Paul E. Seabrooke, who was elect
ed Judge of the new Atlantic circuit by
the last legislature, acted for the first
time in a judicial capacity yesterday. The
occasion was very quiet and inconspicu-
Gus one. being merely a hearing in cham
hers of two old cases from Liberty coun-
". A feature of the hearing was that the
ATTORNEYS in one of the cases were Judge
! Seabrookes opponents for his present po-
stion, Col. George T. Cam and Mr..
Aeneas S. Way, who represented opposite
sides. Mr. Way also appeared as attor-
ney in the other case, his opponent being
Mr.. Lawrence. Both cases had been in
litigation for some time. In one, ]. b.
ABRAMS sues Raiford Sapp on a note for
S36 a. with interest from Oct. l. 1884, the
note having been given in payment for the
premium on an insurance policy. The case
has already been tried three times, the
plaintiff securing two verdiets and the de-
PENDANT one.
The other case is that of the Savannah
C;uano Company versus d. c. Swindell.
The suit is for 400 acres of land, and has
already been tried six times, the last YER
dict being for the plaintiff. Judge Sea-
brook heard the evidence in the case and
reserves decision.
Mr. John S. Harrison has been notified
that William I. Opie, against whom he
brought suit in behalf of the other Ope
heirs, all the parties being in ScreWen
county had surrendered his claim to be-
ing the sole owner of the property in ques-
ton and had decided back the property to
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