The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-05-16
Cases in Common Pleas.

A confusion of persons with similar
names was the cause of rather un-
usual suit in Judge Kelly's court, yes
terday.
The First National bank of Scranton
was plaintiff and Patrick Cannon, of
Carbondale defendant. The defendant
had an account at the bank, dating
from 1896. Another of the banks de-
positors was patrick Cannon or wife,
of West Scranton. The Carbondale
Cannon drew two checks one Of Oct.
20, 1896 and the other of Jan. 9, 1897,
each for $50. BY mistake they were
charged against the West Scranton
Cannon. When it came to making up
the books of the West Scranton Can
non, the error was discovered. In the
interim the Carbondale Cannon had
withdrawn his deposit and transferred
it to Merchants and Mechanics bank.
When the First National sought to
have him return the $50 he refused
The defense yesterday could offer no
evidence that would be admitted by
the court and the jury was practically
instructed to find for the plaintiff. 1t
returned a verdict OF $50 without in
terest. Welles & Torrey appeared for
the plaintiff and Willard, Warren &
Knapp for the defendant.
a verdict for the defendant was re-
turned in the case Of the Pennsyl-
vania Savings Fund and Loan asso-
citation against John c. Doud. The
defendant borrowed $2,400 from the
plaintiff and defaulting in his interest
payments, it was. arranged that he
should have a new loan on easier
he ill1rmant
on the bond for the first loan and
Doud sought to have it opened. alleG-
ing that the first bond was satisfied
when the second loan was negotiated.
At adjourning time, Judge Kelly was
hearing the case of Sarah f. Snyder
against John Davis and A. b. Wede-
man. The parties live in Greenfield.
The suit is the result of a dispute over
the amount of lumber the defendants
took from the plaintiffs land. The
amount involved is about SIS. The
parties with twelve witnesses from
Greenfield have been in court all week.
C. y. Gardner represents the plaintiff.
and George D. Taylor the defendants.
Judgment was entered for the plain
tiff in the sum of $252.16 in the case
of the Hunt & Connell company against
John j. Collins. The suit was based
on two notes, one for $95 and the other
for $121.2J. No defense was offered.
Welles & Torrey represented the plain
tiffs.
Because of the plaintiffs failure to
appear Il ron-suit was granted in the
case of Hannah j. Lewis against Will
liam Won Gorder. c. W. Dawson repre-
scented the defendant.
In the case of Ida Campbell against
James II. Hilton the jury came in yes
terday morning with "a verdict for the
plaintiff in the sum OF 1888.
Judge Wheaton was engaged all of
yesterday in the trial of the case of
O. b. Partridge, assignee of the I'M
perial Paint, Stain and Filler company
against George II. Morris, trading as
the Morris Decorating company.
1t is a suit for $500 worth of material
and Il cash item of $775. The defend
ant admitted securing the material and
Il check for $15. He maintained, how
ever, that the material was of such
poor quality that where he used it
he was compelled to do the work over
with other material. Among the places
where the alleged defective varnish and
the like was used We're the Lyceum
theater. the Coyne house, the Lacka-
wanna Valley house, the First Presby-
terian church in Carbondale and the
Hendricks residence in Carbondale.
The plaintiff averred that the fault
was not in the company that the
material did not give satisfaction, but
rather in Morris attempting to use ii
cheap quality OF material where he
should have used the best.
The defendant contended that the
manager of the company Mr.. Upton
guaranteed the material to do the work
for which 1t was purchased.
In reply to this the plaintiff averred
that II the manager gave any such
guarantee he did so without authority.
The case was on at adjourning time.
Cornelius Comegy represents the plain
tiff. John F.. scragg and William ".
Leach appeared for the defense.