The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-10-22


and Condensary Company.
The complicated bankruptcy cases OF
A. j. Kennedy. ct al, and Bruce Cook,
ct al, against the Clark Summit Dairy
ard Condensng company, occupied the
attention of Judge Il. w. Archibald and
n Jury in the United States district
court nearly all day yesterday. ana
will probably be continued all day to-
day.
Former Judge T.. n. Willard, repre-
senting the plaintiffs, opened the case
and explained that it would be proven
to the satisfaction of the jury that the
company transferred its real estate to
Attorney George d. Taylor of this city,
and its personality to the Summit Dairy
company for the purpose of defrauding
fits creditors. thereby committing acts
of bankruptcy. The defense Is denial
OF insolvency and IL denial that the
realty conveyed to Attorney Taylor was
in reality the property Of the COM
pany.
A. u Christy. cashier of the Coun-
ty Savings bank John w. Fowler,
vice president of the Lackawanna
Trust and Safe Deposit company; Har-
".
Deposit and Discount bank. and +. L.
Phillips. former cashier of the Traders
National bank, all testified that the
directors had borrowed $1,000 from each
of these banks. giving notes indorsed
by all. Later they executed mortgages
on the conlpany's plant and gave them
to these several banks for the pur-
pose Of securing the endorsers OF the
notes. The plaintiffs allege that this
showed an effort to insure the claims
Of the directors to the exclusion OF
other creditors.
Attorney Taylor on Stand.
Attorney George D. Taylor was put
on the stand when court opened in the
afternoon and admitted that the prop
erty occupied by the company had
been decided to him by a Mabel d.
Evans for 10 mon:tnry consideration.
AS far as he knew this was done with
the knowledge Of the directors.
George Beemer, superintendent Of the
hillside Home, who was president Of
the C'larks Summit Dairy and Con-
densing company at the time the al
legged acts of bankruptcy We're commit
ted, said he knew nothing Of the trans
fer of the property to Taylor until af-
ter ii had been made. He had no un-
derstandng with Taylor as to the dis
tribUtion OF any funds realized from
tlln property. He had q knowledge of
tho transfer OF the personal property
To the Summit Dairy company. rs he
was president of the latter concern also.
The value Of the property so trans
fcrred was about 81 900. he thought.
but the Clark's Summit Dairy and
Curdansery company was indebted to
the Summit Dairy company FOR at least
,alf tina, amount. He did not know
whether or how the balance was paid.
Mabel G. Evans, who was n stem
egrapher for Attorney II. y. Patrick,
testified that she held the deeds 10 the
property occupied by the condcnsory
company in trust for Mrs Patrick and
lad transferred them at Mr.. Patricl's
solicitation to Mr.. Taylor. She had re-
ccived nothing from the latter.
Attorney Taylor was recalled and
testified that when he received the deed
to the property in question he assumed
n $4,000 mortgage to Frank NJ. Spencer.
Attorney Arthur Dean threatened exc
cutjon. but held off on Mr.. Taylor's
promise to pay That was over year
ago. but the mortgage has not been
paid yet, he said.
was Aware or 1t.
Nir. Taylor said he knew the sum
init Dairy company was operating the
plant when the property was decided
10 him.
who did you consider to be in pos
session." asked Judge Willard.
II considered myself in possession"
said Mr.. Taylor but | didn't go up
there. I didn't leave my office in con-
nection with the transa ction."
Judge Willard sought TO show that
Mr.. Taylor is now seeking to recover
$4,000 in insurance and this caused At
torncy Comegys to assert that he in
reality represented the insurance COM
panies and not the three former cred
itors whom he appears on the list as
representing. Judge Willard indignant
ly resented this assertion. The case
will likely take the best part of today
in the trying
An argument on the rule to show
cause why a new trial should not be
granted in the case of William Robin
son against the Della ware and Hudson
company was made in the afternoon
just prior to the resumption of the
bankruptcy case.
Robinson sued the company for
$4,000 damages for injuries received by
falling into vat of lye in the Carbon
dale yard of the company. This vat
WAS used for removing the grease from
brass work, and was placed under
ground with wooden cover overhead.
Robinson, who was an employe OF the
company in this city, fell through this
cover in cutting across the yard on
his way home, after alighting from II
train, and was badly burned. suit
for $4,000 was brought, contrbutory
negligence being alleged. and the case
was non suited by Judge Archibald on
points of law without sending it 10 the
jury,
Argued for Plaintiff.
Attorney Ira II, Burns appeared for
the plaintiff and argued at length that
many of the questions which were
passed upon by the court at the trial,
such as the question as to whether the
railroad yard was permissive way and
as to whether Robinson should have
been entitled to the rights of a pas
senger. should have been left TO the
consideration of the jury.
Attorney Louis Carr, OF Albany NJ