The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-10-25

Among the rules argued yesterday,
before Judges Archibald, Gunster and
Edwards, in argument court was one
for a new trial in the case of J. II.
Gunster assignee, against Wolf &
Warren and others, in which a verdict
for the defense was directed by Judge
Archibald at the last term of common
pleas court
The suit is one of the actions brought
to recover on the bond of the late
George A. Jessup, ex-cashier and ex-
vice-p president of the defunct Scranton
City bank This particular suit is
aimed at the sureties on a 1000 bond
alleged to have been given by Mr.. Jes-
sup as president. The alleged
sureties were DR.. b. II. Throop, Alfred
Beardsley and eX-Judge w. II. Jessup.
When the case came up for trial, plain
tiff attempted to establish the exist
ence of the president bond by the
parole testimony of Edward Merrifield,
a former stockholder and depositor of
the bank.
The defense opposed the admittance
of Mr.. Merrifeld's testimony on the
ground that he was an interested
party and as three of the other parties
in interest were dead the proposed
witness lips We're, under the law,
sealed regarding anything in which
they were mutually interested.
The plaintiff answered this by offer
ing to prove that Mr.. Merrifeld had
disposed of his stock and claims to
Henry Armbrust some time before the
suit was instituted.
The defense held that this transfer
of interests by Mr.. Merrifeld was done
solely to make him competent as a wit
ness and was to be presumed not to
have been bona-fide.
COLORABLE TRANSACTION
Judge Archibald decided that while
the transfer could not be rightly char
acterlzed as the defense would have It,
the circumstances, nevertheless, made
it in the eyes of the law colorado"
transaction and disqualified Mr.. Merri-
field. This closed the case, as the plain
tiff could not proceed further. A rule
for a new trial was forthwith granted
and the arguments on this were pre-
sented yesterday.
Major Everett Warren and James II.
Torrey represent the defense. S. p.
Price and Charles H. Welles are the
plaintiffs attorneys.
One of the cases heard yesterday in
wolves the question as to whether or
not the local court can direct the salts
flying of a judgment entered in Luzerne
county, without having the matter ex-
emplified to this county. Unusual in
terest adds to the case by reason of
the fact that the local judges have de-
cided the matter both ways. There is
no precedent in the case beyond this.
1t is an important matter because of
so many deeds of Lackawanna county
property being recorded in Luzerne.
The title of the case is Jenkin Nicholas
against Frank Ollendck.
The case of Ries & Burgunder
against Peters Bros, brought out a
novel defence. The plaintiffs sue to re-
cover payments for the privilege of
printing the Lyceum and Academy of
Music programmes. S3O55 per month
for the former and $27.75 per month for
the latter. The defendants neglected
TO make the payments and upon be-
ing sued Offered the defense that they
were induced to take the contract upon
representations made to them by Man.
ager Harvey Long that they could
easily clear 1900 a year on the venture,
which proved to be a false representa-
tion inasmuch as they lost money.
They also aver that every other party
who has had the contract came out
a loser at the end of the year.
DISPOSITION OF OTHER CASES.
Other cases on the list were disposed
of as follows: Exeter Machine works
against Madeira Coal company, rule
for judgment; continued City of
Scranton VS.. John A. Collins estate,
rule to strike off lien; city of Scranton
VS.. Mary Moore, rule to strike off
claim; city of Scranton vs.. Roger Nc
GoWan, rule to strike off claim; city of
Scranton vs.. Mary Pritchard, rule to
strike off claim; city of Scranton VS..
David Williams, rule to strike off
claim; city of Scranton VS.. Mary Will
liams, rule to strike off claim.
For an amendment of record, the
case of Mrs Patrick Coyne. against
John Slonc was continued.
Mol pros.-J Doolittle against NJ
Simpson, certiorari
Rule absolutely. w Earle against
II. Montgomery d Co., rule to open
judgment.
Settled.-V, a. Beemer against p. J..
Clark, certioram.
Judgment reversed.-E. A. Howell
against NJ, Hulburt, certiorarI.
Submitted.-Jennie Duffy against p.
j. DUFFY, divorce; city of Carbondale
| against T. O'Connell and A. F. 3illis,
rule to strike off lien; Fred Hug
against Hagen q Son. rule to strika