Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1906-01-18
LEGAL NEWS.
NEW SUITS.

| Fifth Ave. Library Society VS. Chas
81. Parker, appeal by deft f.om gudg
ment of $40 rendered by ID ". chris
tie, j. P.
W.P. Hines VS. Manufacturers Ligh
and Heat Co., trespass for SleO damage
for laying gas line through his fafn
in Brady twp.
Earnestine Baer VS. August Baer, pc
tition for divorce.
Harriet A. Richards of Butler VS. Ber
Richards, petition for divorce, cruelty
alleged.
J.E Brennan vs. NJ. Finnegap, sum
mons in assumpsit.
TRIAL LIST.
The suit of the Franklin Trust Co VI
Mrs. /. K. White and A. ]. White, deftI
and J. Berg g. Co, garnishees, was con
tinued until next term
The last half of last week and first oi
this was occupied by the trial of the
case of H. A Stauffer, receiver of the
Standard Trust Co. which closed its
doors in March, 1904, after doing bust
ness in the Forquer building for little
over a year. vs. G. d. Gret nlee, the
President of the company, torecover on
notes for $40, 900, signed by jreenlee.
The company was organized by Green
lee, r. w. Hervey, who bought the
Marshall and Forcht farms. E w. Wy
lie and W Langfeit of Pittst urg. and
c. A Bailey of Butler, whowas cashier.
Capital stock to the amount of S131, 100
was issued. When the bank closed the
receiver found the Greenlee notes over
due, in the safe, and also enc from
Wylie for $4,000 Judgment was en-
tered on both. and Greenlee contested
payment. saying he had never received
any money or other value for the notes,
bnt that they had been given at the re-
quest of Mr.. Bailey to tide the bank
over tight place. Bailey and Stauffer
claimed that they were given in pay
ment for stock, and the certificates for
the stock were found in the books, made
ont to Greenlee. but never accepted by
him. Against this it was claimed he
had keys which gave him access to the
vaults.
Greenlee claimed he subscribed for So
and paid $S, 500 for them, and the plain
tiff claimed he subscribed for 2e5
shares. At a previous trial Sc tlement
was reached by which Greenlee paid
$S, 200, enough to cover all the debts of
the bank, the costs of the receivership
and the suit; the understanding was
that the suit would be Withdrawn. The
receiver made out his report to the
State Banking Department, showing
the facts, and asked for his discharge.
This was refused and he was o. dered to
proceed and collect from Greenlee and
Wylie, necessitating the opening of the
suit. J. W. Lee of Pittsburg appeared
for Greenlee, and A. G.. Williams and
T. c. Campbell for the Receive. Judge
Galbreath charged the jury Monday
morning, and they brought in verdict
for the defendant.
The assumpsit case of David Nc
Twain vs Evans City Coal Co. aud VIM.
Bishop, receiver. went to trial yester-
day afternoon.
The damage suit of Mrs. Annie
Wilkes, whose husband. Engineer
Wilkes was killed In the McCalmont
wreck, against the B. r IL P. railroad
is to be tried today.
The care of Black 81 Baird of Pitts
burg vs the Erie Coal 81 Coke Co. went
to trial Tuesday. The PARTIES made an
agreement by which the Erie Co. was
to pay Black 81 Baird 800. 900 for 1000
acres of coal, including the John A.
Turner mines and holdings at Ferris.
Black u Baird paid Turner SIS 900 for
his property. 604 acres. and leased up
400 acres additional. They had to pay
a gears royalty. amounting to $40. on
the 400 acres and this Is what they sued
for. The Erie Co.'S defense was that
any expense the plaintiffs were put to
was included in the 800. 900.
The plaintiffs showed payment Of the
royalties was not in the original agree
ment and the jury returned verdict Of
5000. 10 for the plaintiffs
The case of Butler County Poor Dis
trict vs. Jas. M. Maxwell, for a balance
Of $500 and interest claimed to be due
the Poor District on taxes for the year
1902 was tried Tuesday. The defence
claimed that three auditors reports
showed nothing was due, but il was
also shown the auditors had not acted
on the account, and under the Courts
instruction the jury returned verdict
In favor Of the plaintiff for $564.25.
The case Of John Wyke vs Samuel
and Lizzie Smith IL to go to trial next
Monday.
In the case OF john Balfour W. Samuel
Balfou- heirs. the defts. asked leave to
amend their pleadings. the plff plead
and the case was continued
until next term.
The case OF Samuel Ziegler vs Fl. G.
Critchlow IL to be tried Wednesday,
Jan. "a.
The case of r. L. Stoup w South
Penn Oil Co. is to be tried Tuesday,
Jan. 90.
The case of s. Haller vs Ralph Gregg
was continued until Jan. "a, on account
Of Mr.. Gregg's Illness.
The case Of W. Z. Burkett vs South
Penn Oil Co. was continued on plain
tiffs motion.
The case OF Barworth e. Hammer vs
the WIN. Kavanaugh Co. has been
settled.
In the case OF Home Real Estate Co.
Va Samuel Park heirs. a rule was grant
ed to show cause why Judgment should
not be entered for want OF sufficient
affidavit OF defense.
NOTES.
Sheriff A. M. Campbell took his first
official trip for the county. last week.
when he went to Polk Institute for the
Feeble Minded to take to that institu-
ton Albert Allen OF Centre twp. The
Sheriff left on the Bessemer morning
train and expected to have his charge
brought to meet the train at Jamison-
vile or Queen Junction.
In the case of Mrs Ellen Elliott VS.
the B. 81 o. Il. II. Co., a motion was
made Saturday morning on the part OF
the plaintiff asking that the report OF
the viewers In the case, who awarded
Mrs. Elliott $275 for damages done her
farm near Karns City by STRENGTHENING
out the track and making q fill which
closed private road, be set aside, for
the reasons that the viewers were car
ried to the scene OF the view from But
Ter at the expense Of the railroad, that
the railroads attorney offered 70 pay
for their dinners. and that the railroad
or its attorney or agent had bottle OF
whiskey along and treated some OF the
jurors while they were acting on the
case. The motion was made by Attor.
ney Christley. and as soon az he had
| finished X. =. Scott. attorney for the
railroad rose to his feet and denounced
II all as an infamous insult and lie. II
was admitted, however, that the view.
ers had travelled free of cost. and that
he had jokingly offered to pay for theii
dinners. and Scott explained tho whis