The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-11-19

A session Of the United States circuit
| court was opened yesterday morning
in the government building,w with Judge
M. w. Acheson presiding, and will be
continued today.
The case considered at the morning
session was that of Elisha A. Coray
against the New York, Susquefanna
and Western Coal company, the New
York, Susquehanna and Western Rail-
road company, Il. N. Willard. Il. b.
Sturges, John Jermyn, Jos. j. Jermyn,
Samuel Warner, Joseph Curt and Ever
EFT Warren. Mr.. Coray is seeking to
have certain sheriff's sales of the
property of the Pennsylvania Anthra-
cite Coal company, made in 1886, set
aside as being illegal and void, and
seeks to have the title to this property
again vested in the company, of which
he was a stoclholder
He alleges fraud as the reason for
setting aside the sheriffs sales. A
joint demurrer has been filed by the
defendants in which it is pointed out
that Mr.. Coray was not stockholder
OF the company when it's property was
sold. Former Judge Fl. A. Knapp ar
gued for the defendants, and Attorney
A. Ricketts,, of Wilkes-Barre. appeared
for Mr.. Coray. who is 70 years old and
who has been fighting this particular
case for nearly ten years.
An Echo of the Sale.
The attention of the court was oceu-
pied i'll the afternoon with the suit in
assumpsit brought by the Dickson
Manufacturing company to recover
S57,31764, the same being an alleged
balance due on the contracts entered
into between these two companies
when the locomotive works.of the Dick
son company changed hands.
Attorney W. j. Hand, who, with for
mer Judge Alfred Hand and Attorney
George w. Wickersham, Of New York,
represents the plaintiffs, opened the
case for that side. Mr.. Hand explained
that at the time of the transfer of the
property there were 1O1 locomotives in
various stages of completion in the
shops, representing from nine months
to years work.
These locomotives figured as part of
the personally mentioned in the con-
tracts for the purchase and sale of the
plant, and the understanding as set
down was that their actual cost to the
vendor was to be paid by the vendee.
Mr.. Hand cOntended that in figuring
the actual cost of these locomotives to
the Dickson Manufacturing company
not only the cost Of the materials and
labor actually applied should be in
Guided, but also proper proportion
of the general expenses of the MAIN
tenance of the plant, such as rent, in
surance, fuel light, heat, water, sal
aries, office expenses, etc.
Defendants Contention.
The contention of the defendant COM
pany which is represented by former
Judge Stanley Woodward and j. 3.
Woodward, of Wilkes Barre, is that
this proper proportion of the general
running expenses of the plant cannot
properly be taken into consideration in
the actual cost of the locomo-
tives. The amount in dispute is the
difference between each companys
of what their actual cost
to the Dickson company was at the
time of the sale
Judge Alfred Hand was sworn and
testified as to the facts regarding the
sale Of the plant Seventy-five per
cent. of the total amount was paid in |
cash. the understanding being that the
should be paid over after an
exact inventory had been taken. C.
Fl. Zehnder, president of the Dickson |
company, identified the contract Of |
fered in evidence as being the true and |
original ones. The case will be con-
tinued today