The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-03-08

ton, of Wilkes-Barre, against the Sc
curity Insurance company, of New
Haven, and the same plaintiff against
che National Assurance Surety of Ire
land, was begun yesterday in United
States circuit court before Judge Arch
bald.
The opening for the PLAINTIFF was
made by Mr.. McGahren. Mr.. Thorn
ton, he explained has been a member
Of the bar for nine years. When he
was married five years ago he went to
live with his wife's mother on North
Main street. Wilkes-B Barre. They oc
cupied the upper flats of n. three story
brick building. Ten of the eighteen
rooms were furnished by the Thorn
tons, five for their own use and four
for rental to dodgers. Mr.. Thornton
took great pride in the possession Of q
library and had a very valuable col
lection of books.
In the early part of last year, Mr..
Thornton decided to move to Kingston
and rented a house on Maple street.
Before moving he had his furniture
and library insured in the two defend
ant companies through the Hoban
agency. The total amount Of insur-
ance was $4,000, of which amount $2,500
was on the library and $4,000 on the
household goods. Half of each amount
was placed with each company.
DATE OF POLICIES.
The policies were dated as of noon
April g 1901 the day on which Mr..
Thornton was to take possession of his
Kingston home. He moved his goods
on this day, the moving occupying
from o'clock in the morning until 0
o'clock at night. Shortly after 9 o'clock,
the Kingston house was locked and Mr..
and Mrs. Thornton returned to Wilkes
Barre to spend the night in his moth
er-in-law's apartments. Some time
after midnight Mr. Thornton was
aroused by messenger with the infor-
nation that the Kingston house had
taken fire and that his belongings had
been partially consumed. On reaching
Kingston, he found that much of his
property had been destroyed and what
had not been destroyed for the most
part had been badly damaged by fire,
smoke and water from the fire COM
panies' hose and rain which fell on the
goods that had been carried out. In
due course of time he submitted proofs
of his losses to the companies, which
he claimed amounted to more than the
full amount of the policies. The COM
panies failed to pay the policies with
in the prescribed sixty days and he
instituted the suits.
The policies and proofs of the losses
We're submittea in evidence by Judge
Willard and then Mr.. Thornton was
called to the stand and was still under
direct ross-eXamination at adjourning
time 5 o'clock.
MADE AN INVENTORY.
March "a and 25 or about a week be-
fore moving. Mr.. Thornton with the
assistance of his wife made an inven-
tory of all their belongings. This in
Ventory escaped the fire, and was found
in a bureau drawer two months after
wards, when the insurance companies
turned over to Mr. Thornton what was
saved from the fire. From this inven-
tory Mr. Thornton gave a detailed
statement of every book and article he
owned and afterwards told that the
fire caused practically a total loss. The
question as to what the salvage was
worth was being discussed at the time
court adjourned.
According to Mr.. Thornton's inven-
tory his library contained more than
1000 volumes valued at $2,9S425. His
household goods figured up to $4,065.75.
Court will convene at $3.50 this morn
ing and at noon time adjournment
vii lbe made until Monday.
The jurors who are held over on
the insurance case are Peter Bowen,
clerk Sunbury; Fred Davis, farmer,
Meath; William H. Deepen, barber,
Dalmata; Charles Elliott, gentleman,
York; Elles w. Ford, merchant, Harris
burg; George S. j. Keen, druggist, Wis
conisco; julius Klune, farmer, LenoX;
Charles Il. Lawrence, contractor, Du-
shore; Lawrence McCabe, farmer, Sill
Yer Lake; John Muth, merchant, East
Mauch Chunk; Thomas j. Nicholson,
postmaster, Lanesboro.
CASES CONTINUED
At the opening of court, yesterday
morning, continuances We're granted in
bankruptcy cases of Bruce Cook ct AL,
against Clark Summit Dairy Condens-
ing company and A. j, Kennedy
against the same defendant. The con-
tinuances We're allowed on motion of
C. Comegys, attorney for the defense,
who has case before the superior
court next week. a. V. Bower and eX-
Judge Il. n. Willard, attorneys for the
plaintiffs, agreed to the continuanCes
There being no other cases open, Judge
Archibald discharged all the jurors eX-
cent those sitting in the insurance