The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-01-25

.NOn-suitS We're allowed in two cases
yesterday by Judge Simonton. one of
the cases was that of Dolphin & Dim
mick against J. II. Steel, in which the
plaintiffs sued for a two-seVenths in
terest in the West Ridge Coal COM
pany. They alleged that they agreed
with Mr.. steel to turn over to him the
stock of the Providence and Church
Coal companies. and certain coal leases
which they controlled, and in return
they were to be allowed a one-seventh
interest each in a new coal company
which Mr.. Steel was to form.
Mr.. Steel became largely identified
with the West Ridge Coal company,
which was formed some time after the
agreement in question was entered
into, and the plaintiffs made demand
for a share of the stock. Mr.. Steel de-
MED their claim. alleging that the deal
with them had fallen through. because
Of the inability to secure the leases they
had in view, and that the West Ridge
company was a concern altogether for
eign to the one contemplated in their
deal.
Yesterday, when it developed that
Mr.. Dimmick had failed to secure leases
which he bargained to contribute to the
enterprise, a nOn-suit was asked for by
the defendants attorneys, Welles *
Torrey, and Judge SimontOn granted ii.
THE OTHER NON-SCIT.
The other non-suited case was that
of Conrad Vernau against the German
Building and Loan association. No. g.
Mr.. Vernau waited on Secretary n. G.
Goodman to buy some stock in the as
sociation. Mr.. Goodman sold him six
shares of his own stock, which had
been running thirteen weeks. Mr.. Ver-
nau, upon taking out the stock, was
charged $36 extra for premiums and
admission bonus. He objected to hav-
ing this money deducted on the ground
that all they could charge him was the
amount of money paid in, plus six per
cent.
This claim was based on the assump-
tion that Mr.. Goodman was acting as
secretary Of the association when he
sold the stock to Mr.. Nernau. Mr..
Hannah. attorney for the association,
COntended that Mr.. Goodman was
simply acting as an individual, and as
the law sustained his contention, Judge
Simonton granted his request for a
non-suit.
An unusual and amusing incident oc-
CURED in the trial of the case of the
]. S. Miller estate against Henry Hoar
and Annie Hoar. 1t is an ejectment
suit for thirty-four acre plot OF
ground near Elmhurst, which the
plaintiff claims through sheriff's sale.
The defense is that it was wrongfully
sold as the property of Henry Hoar;
that the wife Annie Hoar was the real
owner. The husband and wife who,
by the way, are not living together.
contest each others claims. She al.
leges that II was decided to her by her
father, He claims that he bought the
property and turned it over to her
father as trustee.
The three-cornered character Of the
contest was responsible for the unus-
ual incident. Mr. Newcomb called the
husband as for cross-eXamination.
Messrs. Kelly and ScragG, counsel for
Mrs. Hoar objected on the ground that
husband can not give evidence
against his wife. Judge Gunster sus-
tanned the objection. Thereupon Mr..
NewComb moved to amend by discon-
tinuing the case against Mrs. Hoar.
The motion being allowed, the witness
was Inaue competent.
COMPELLED TO WITHDRAW.
This barred Mr.. Kelly and Mr..
Scragg out of the case and as they ap-
peared only for Mrs. Hoar. When they
suggested this to the judge, Mr.. New
comb broke in with: Exactly. YOU
may take your cans and go home. Do
not stay through any feeling of delic-
acy. l assure you l will not be Of
Tended at your withdrawal"
Messrs. Kelly and Scragg were COM
PEELED to pull out their chairs" and
withdraw. The husband had no de-
tense to offer and verdict for the
plaintiff was accordingly directed. The
plaintiff will now proceed singly against
Mrs. Hoar, or If they can get possess
sion of the property, compel her to
move against the plaintiff.
The case of James Washington John
son against the borough of Archibald
was called for trial before Judge Sim
onton just previous to adjournment.
He is an aged colored man living in
Winton. On dark rainy night in
January, 1897, while walking along
Main street in Archabld he stepped
off a board sidewalk which termin-
ated at a deep ditch, and, falling a
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