The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-18
LOAN ASSOCIATION LOST.
JURY FOUND FOR THE DEFENDANT
IN THE BURNS SUIT.

Mr.. BuFns' Statement as to the
Amount lie Was Informed to lie
Due ON the Loan Upheld by the
Nerdict-ROsa " Gods Failed to Sc
cure Damages for SANDER From
Blumberg Bros. in the city Court.
The St. Phillips A. VI. Il. Church
Case Dismissed.
The suit of the Excelsior Loan and Saw
ings Company against J. W. Burns, which
was begun in the Superior Court Monday,
| occupied nearly the entire time of the
| court yesterday. The case was given to
the jury shortly before o'clock and short
ly thereafter the jury returned a verdict
for the defendant.
The features Of the suit were given in
yesterdays Morning News. The loan com
pany sued 10 recover the difference be
| tween the amount paid by the plaintiff on
a certain loan secured upon ten shares of
stock and the amount which he would
have paid had he continued to pay the
assessments until the association was fin
ally paid up.
The defendants claim was that he pur-
chased the property upon which the loan
was given upon the assurance of the
agent who sod it to him and of the
treasurer of the company that only a GER
tain amount remained TO be paid. The
| evidence of the former treasurer of the
company Mr. w. A. Walker. was to the
contrary, but this was offset by the evi.
dence OF Mr. A. W. Harmon and Mr.. l.
D. LaRoche, in favor of the defendant
Mir. LaRoche being the agent who sold
the property tor Mr. Harmon, the former
owner.
! a very material fact In favor of the de-
! PENDANT was that while the original loan
to Mrs Leila A. Beatty was for $1,000.
the transfer from Mrs. Beatty to Mr..
Harmon. Which was made by the secre-
tary of the company. stated the loan to
be only $1,000, and it was under this sup
position that Mr.. Harmon purchased the
| property and under which he afterwa ro
sold ii to Mr.. Burns and the presumntion
OF the defense was that The calculation
| made by the treasurer of the loan associ-
alton at the time of the purchase by Mr..
! Burns was based upon a loan of only,
$1,000
Authorities were cited by the defense.
! showing decisions from Supreme Courts.
ho-ding the loan companies responsible
Where innocent parties had made pur-
chases of property upon mistaken state
ments OF officials of the companies.
The property upon which the loan was
made IS a small lot on Second street. near
| Apercorh street. the improvements upon
which consist of a five-room house.
In reference to Mr.. LaRoche's connection
with the case, it is stated that his sale
OF the property and the profit he made
We're wholly satisfactory to Mr.. Harmon.
ms Proit was a legitimate one. and while
| MI Harmon did not at the time know II
was it was satisfactory to him.
An interesting case was tried in the Citv
| court yesterday that of Rosa Woods col
ored, against Moses and Abrem RI,n-
berg. The plaintiff claimed that while
III the store of the defendants on Brough-
ton street last August she was charged
with the theft of piece of lace valued al
20 cents As salve to her wounded honor
she demanded damages TO the amount of
$1,000. The defendants showed that there
We're three women together in the store
when the piece of lace mysteriousIv dis
| appeared. threat to call a detective and
have a search made for the missing lace
caused the Woods woman to voluntarily
offer TO pay the value of the missing lace
| provided she was neither arrested nor
searched. This offer was accepted I'm
der the circumstances the jury did not
feel warranted in giving Rosa any dam
ages. Mr.. Robert J.. Colding represented
the defendants, this being his first civil
case in the City Court
The suit of the trustees of st. Phillips
| A. NJ. Il. Church against Rev w. H.
! Harris and others TO restrain them from
! proceeding with work which they had be-
! gun upon the ruins of the old church on
! New street, was dismissed I'm the Superior
! Court, the differences of the two congre-
cations having been settled by Bishop
Turner some time ago. The suit OF
! Charles Kolshorn, administration VS.
Isaac NJ Dowse, administrator, was also
| dismissed.
Lars Petersen, a Norwegian, was made
citizen by Judge Fallgant in the supe-
| rior Court.
The petit Jurors of the Superior Court
have been discharged until Friday morn
ing.
| INDORSED IN FOURTH DISTRICT