The Providence news. (Providence [R.I.]) 1891-1906, 1899-01-14
Plaintiffs Claim They Have Paid More Than
They Are Credited With.
SAY ACCOUNTING WAS REFUSED.
Roger Williams Sadngs and Lean Company
answers That tbs Plaintiffs HaYs Been De-
Iincuen In Their Paymsnls For Years.

There fas IN interesting hearing be-
fore Judge nc.ers in thf Appellate
Court this morning, m which seme
dealing ~ the Roger Williams savinps
and Loan association We're considered.
80 miah spian and his wife Ham
NJ. Splan.f borrt wed money of the lolA
assoc'at,n. Thtre We're prurt edin@7 90
an Intricate nature and nov the asso-
citation ciaims the Splans owe IL over
ssite. whils the Splans say the amount
due does not exceed S220J.
John y. Ccnloy counsel for the Splans
dled bill in equity against the loan
association 10 secure IN accountin.s OF
certian sums paid on a mortgage on
their property and for a preliminary
injunction preventing the association
from selling their property on Took
wotten and Thompson streets Win il
vas advertised for sale on December
18th. To be sold the 10Th inst
Mr.. Conley said that the transactions
lct,scen he parties began i'm lSS> and
that after four years three mortgages
were consolidated and Mr.. and Mrs.
Spian were to pay 5000 month. Ac-
corning 10 the tOitlDdn. VNI HAhA'-
ments Mr. Conley said, his clients had
not been given credit for $li1aO that
they should hate been credited with.
E c. Pierce, who represented the loan
association, said the associations books
which were in court would disproVe the
claims Of the Splans and the case was
one OF serious import TO his association
and all other similar associations as ~
Ncnid be 4 severe blow To them " they
n r., hnt IN II
Mrs. Hannah NJ. Splan testified that
she borrowed S3ssS from the Roger VIII
liams Loan and Savings association and
used the money to put up buiidlhS
she said she had paid no money to the
company since last June. as they had
sent her many letters, but refused her
on several occasion an accounting. Her
last account was received I'm DecehoeF'
1897. IL showed she had paid the COM
many during 1896 and 1897 more than
$500. The loan company had been con-
stantly picking at her" claiming she
was IN arrears Even back I'm Mr..
uArmstrong's time she had received
statements that she was in arrears %
the association. After 1897 she asked
for statement OF her account about
p dozen times.
Mrs Splan was shown the pass book
given by the company and examined
thereon by Mr.. conley. The first pay
ment she was asked about was i'm 1894
and was rcceiptcd for by Cyrus 6.
Armstrong. A receipt was produced.
signed by Mr.. Hawkins the successor
Of Mr.. Armstrong and the present Sec
retary of the company. which did not
appear on the pass book. She claimed
TO have other receipts, but did not sNNe
them with her. and that she had an
other book which the officers of the
.,esociation i, took from her.
ON ross-examination Mrs. Splan ad-
,,,itted that the other book was used
for former mortgages which had been
discharged when the mortgage before
the court. made i'm September 1892, was
made. While she admitted that she
signed the mortgage OF 1892, she refused
To identify the signature OF her hus-
band and claimed she had received no
money from the loan association since
1885
Her counsel. Mr.. Conley. admitted
that the 1892 mortgage was correct ana
was simply "a consolidation of the other
mort cages. To MIR. Pierce witness said
she paid in May or June some $40 more
than the monthly, payment of $50 -
was paid. the secretary having told her
she might in this way overcome ar
rears. Witness denied that she was
ever at any time two years in arrears
and also that MI Hawkins had ever Of
fercd To explain the books ana accounts
10 her Witness admitted she was i'm
arrears i'm December, 1898. but said her
reason for being 50 was the refusal OF
the association 10 give her an account
Mrs. Splan admitted she was In ar
rears in 1896, and that she went To Mr.
pierce's Office several times and asked
him TO intercede with the officers OF
the association 10 not force her 10 make
payments. owing TO bad luck she and
her husband had.
William II. Hawkins. secretary OF the
association. stated he had held his pres
ent position since 1924. He introduced
the pledge book and ledger of the as
sociation. and he explained at great
length the manner in which the assoc
citation does business. claiming that
Mrs. Splan and her husband had been
constantly I'm arrears and that the as
sDciation's account was correct In every
particular.
Both Mr.. Conley and Mr. Pierce made
brief arguments.
Judge Rogers granted the preliminary
injunction.