The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-04-11

ton, against the Life Insurance Clear
ing company of st. Paul, tried before
Judge Burlington in the United States
circuit court, a verdict was yesterday
rendered in favor of the plaintiff in
the sum of s6,O15. subject to a reserved
law point
The point reserved is on the question
Of the admissbility of certain evil
dence. The plaintiff sued for an in
surance policy on his father, claim
ing that the company contracted to
pay $1,000 If death resulted from nat
ural causes and $1,000 If death was due
to accident The insured was killed
in the mines. The company claimed
that it did not take the accident risk
and that it was only called upon to
pay $1,000.
When the accident risk is Included
in this company's policies a slio is
pasted on the policy SO stipulating.
The policy in this instance bears ey-
dence of having had such a slip at
tached to 1t at one time, but 1t is not
there now. The plaintiff alleges that
the company removed the slip when
the policy was forwarded to it. The
company AYERS that the plaintif
pasted on a slip and then tore it Off
for the purpose of making evidence.
The jury believed the plaintiff.
DEFENSE TOOK EXCEPTION.
In the declaration filed by the plain
tiff was a statement that he had in
his possession a contract which would
corroborate the statement that the
policy contained the accident risk.
When the case came to trial the PLAIN
tiff could not produce the contract,
but was permitted to prove it by
parole testimony. To this Attorney
NJ. w. Lowry, of counsel for defense,
took exception and on this the re-
served law point hinges.
On motion Of Mr.. Lowry, Judge Buf-
tiingtOn granted q rule to show causc
why judgment should not be recorded
for the defendant Notwithstanding the
verdict.
Arguments were heard by Judge
Burlington on a motion for a rehear-
ing in the case of Oakford against
IIackley, Hon. H. w. Palmer. of
Wilkes Barre, appearing for the mo-
tiOn and S. b. Price opposing. The
plaintiff sued to compel the defendant
to execute lease for a large tract OF
coal lands near Winton. The defen-
dant claimed that a contract was en-
tered into under a great misunder-
standing of the facts, alleging that
her attorney had made misrepresenta-
tions to her and that there was coli
lusiOn and fraud used in securing her
consent to the contract.
Recently in Pittsburg Judge Buftng-
tried 40 ft1 ht
plaintim and directed a specific per-
fOrmance of the contract. The de-
fense now strives to have the case re-
heard, on the ground that the contract
will not permit of specific PERFORM
| ance, because it was not complete,
there being certain negotiations still
pending, particularly as to the mini
| mum output.
REFORE JUDGE ACHESON.
In the superior court room before
Judge Acheson the case of Michael l..
Walsh, of PittstOn, executor of the
estate Of Patrick Butler, deceased,
| against the Royal Mutual Life Insur-
| ance Company OF Des Mones, Iowa,
was resumed yesterday morning
The closing arguments We're made
| plaintiff and Attorneys George NJ.
Watson and N. NJ. Hubbard, of Des
Moines, Iowa, for the defense. The
| jury retired at o'clock and an hour
later returned verdict for the fun
amount of the claim, $4,000 and in
terest.
After the insurance case went to the
| jury arguments for a new trial were
| heard i'll the Plummer ejectment case,
| which was tried last week.
SENTENCES IMPOSED.
George Czepatias, the counterfeiter.
| who plead guilty on Friday and whose
| evidence convicted his accompIce,
| Charles Moses. the Sturmerville hotel
keeper, was yesterday sentenced by
Judge Burlington to twelve months
! Imprisonment in the Lackawanna
| county Jail. His attorney, G. A. Van
| Wormer, made a plea for leniency,
! based on Czepatias' penitence and the
! service he rendered the government in
| ConVicting the ringleader of the gang.
Moses, when called up for sentence.
| petitiOned to have sentence deferred
| for ten days, that he might arrange
| his business affairs. Judge Bufiing,-
| ton granted the request and remand
! ed him to the custody Of Deputy Mac
! shal Bacharach, to be kept in the Luz
/ erne county Jail for ten days and then
/ conveyed to Pittsburg for sentence.
Dominica Nentrusca, of Kingston
who fraudulently obtained registered
! letter, was sentenced TO one year IN
! the penitentiary.