The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-10-20
THEY ORGANIZED
OYER NIGHT
Then rendered the Stock That
Was Promised.
COURT UPHELD THE PLAN
A Ditch Case That Brought Into the City a
Large Portion of the Popu-
lation of Marlboro
Township.

Large PORTION OF the ROpu-
Iation of Marlboro
Township.
Judge McCarty rendered judgment on
Wednesday afternoon In the case of
William G. Liable VS. William Schario ct
al. Prior to the organization of the Can
ton Insulator Co. Liable gave Schario
and Dannemiller 5000 and told them
to apply it on stock for him. The COM
pany was not organized for some time
and Liable concluded to pull out He
demanded his 5000. 1t was refused.
trial and was continued over night.
That night the company organized and
next day the defense filed an answer
setting up that the company was now
organized and rendering Liable his
stock. G. T. Meyer represented the de-
| fense and W. ]. Oby, Liable. Oby de-
INJURED to the answer. Judge McCarty
overruled the demurrer Oby said he
would not plead further and the court
Wednesday evening entered judgment
in favor of Schario and Dannemiller.
A DITCH CASE.
| Marlboro township is in evidence in
court room No. today. The case in lit
igation is that of Newhouse IS Hatcher
ct al. A year or so ago it was decided to
run a big ditch from the north end of
Congress lake through the low swampy
land clear through Marlboro township
into Portage county. Work was COM
lmenced and the ditch partly made.
When it got to the farm of S. s. New
house he refused to dig his part out. He
finally got 1t partly completed and quit.
1.-The township trustees ordered him to go
on with the digging. Newhouse refused
and set up the claim that 1t could not be
dug out to do any good. He says that
down in the bottom of the ditch 1t is all
quicksand and that it is no use to try to
do any thing further. Then the trus-
tees got together and decided to dig II
out themselves and make Newhouse pay
for it. They advertised for bids and
!, were about to proceed to work when
Newhouse got an injunction to stoI
them. The hearing up in court before
Judge McCarty now Is on this injunc-
tion .Atlee Pomerene and Austin Lynch
/. represent the township trustees ant
Judge Fawcett and Judge Thayer are
attorneys for Newhouse. Nearly hail
of Marlboro township is in attendance
at the trial, there being over forty wit,
nesses. Every point Is being hotly con
tested and the case will probably las
, the balance of the week.
!, WENGROW CASE.
| The Wengrow case, from Alliance
was given another whirl in common
pleas court Wednesday evening. Judge
Thayer and Attorney Strong, represent.
ing Zadoc HOLES and the other defen.
dants as against Miller, Weizenhoff &
Co, filed motion asking the court t
vacate the receivership and discharge
the receiver. Three grounds are set uI
as being reasons why it should be done
First, the allegations in the original pc.
tition were untrue, especially those con.
corning the insolvency and financia
condition of the defendants, and thai
the property was not liable to be lost
or endangered. Second, no notice was
given the defendants that a receiver
was to be asked for and there was nc
good excuse for not doing so. Third
the allegations did not warrant the ap.
pointment of a receiver. The motion
, will be argued to Judge McCarty Mon.
day
Today the attorneys for the plaintiff
filed batch of nine affidavits in COM
mon pleas court to support the petition
asking that the receiver sell both Wen.
grows stores. Isadore Koch, NJ Gold
smith, Morris W. Geiger, and Max Gel
ger, all Alliance clothiers, made afffda-
Wit as to the value of the stores. Koch
says both stores are worth $4,000. Gold
smith and the Geigers say the Alliance
place is worth $6,000
Harris Cohn, Marcus Friedman, j. H.
TxUyA r,
are all Cleveland creditors of Wengrow.
They all swear that in their opinion the
stores will bring more money if sold by
the receiver in bulk than if retailed out.
BIG DAY IN COURT.
Wednesday was banner day in court
room No. l. Judge McCarty was on the
bench almost continuously from early
morning till late in the afternoon. He
heard four complete cases and decided
them; handed down one extensive
opinion on case tried last week and
decided two motions.
The case of George d. Harter bank VS.
Jennie Barrie and the assignee of the
Handy Wagon company, which was
heard last week was decided. In this
case Jennie Barrie had secured n
Judgment of $1,170 against the Handy
I
wagon company. Afterward the com
pany made an assignment. The bank
and other creditors saw that the judg-
ment, If paid, would take all the prom
erty. The bank had claim of 81 500
1t sued to upset the Barrie judgment so
as to get slice of the proceeds, alleg-
ing that the judgment had been permit
ted by the Handy Wagon company 40
that Mrs. Barrie should be preferred
to other creditors. Judge McCarty de-
clded there was no evidence of fraud
and that Mrs Barrie had simply been
diligent creditor while others stood
back. He therefore decided her judg-
ment should be paid. The bank and
other creditors will, therefore, get moth |
ing. Mr.. Krichbaum, for the bank gave
notice of appeal to circuit court
Just before adjournment the divorce |
case of Benjamin Snyder VS. Ida Snyder
was heard Attorney Shelter represent
ed the plaintiff and no defense was
made The husband lives in Canton.
He said he was married in 1893. i'm Ian
N