Omaha daily bee., 1906-06-14
FINDING OWNER OF BLOCK
Damage suit of Mrs. Reed Dismissed
On that Account.

that Account.
who owns the Sapp block at the corner
OF Broadway and Scott streets? This is
something which counsel for Mrs. Louisa
Reed are anxious to learn Failing to es-
tablish the ownership of the building in
which she was injured. counsel yesterday
afternoon decided to dismiss without preju-
dice the $1,000 damage suit brought by Mrs.
Reed and new suit will be instituted at
once
The suit was originally brought against
A. A. Gaines of Newport, Neb the sup
posed owner; Ernest f. Hart, president OF
the First National bank of this city; John
Darland, the janitor, and the Travellers
Insurance company of Hartford, Conn.
During the trial it was developed that
Mr.. Gaines denied any interest in the
building and al the close of taking of tes-
timony yesterday counsel for the plaintih
dismissed the suit without prejudice as TO
all the defendants except DarIand, the
janitor. Counsel for plaintiff also waived
his address to the jury and counsel for
the defense was in the midst of his ar
gument TO the jury when counsel decided
TO also dismiss the suit as to Janitor
Darland and this brought the case to an
abrupt termination.
When the National Life Insurance COM
pany of Montpelier, VT, foreclosed its
mortgage on the Sapp block the building
was sold to Mr.. Gaines under contract, he
paying 5000 down of the $4,000 purchase
price The sale was made through II. w.
Binder & Co of this city. The transfer
was never recorded and Mr.. Gaines now
denies ownership OF the building. Norman
McAllister. who is employed i'm the office
Of the Greenshields & Everest Real Estate
ba oh Of btafIdfng
went on the stand and testified that he was
owner of the building and that the rents
were paid into the First National bank
to apply on his indebtedness to the bank.
The Travellers Accident Insurance com
pany executed policy in the sum Of $50
to secure A. A. Gaines who was named
as principal defendant in the original suit,
against loss from elevator accidents, but
this company denied liability on the grounds
that Gaines alone was entitled to protection
under the policy.
In bringing the new suit, notices Of which
were prepared yesterday afternoon, counsel
for Mrs. Reed has included as defendant
A. A. Gaines OF Newport, Neb.. Ernest
r. Hart OF the First National bank OF this
] city, the Greenshelds & Everest company,
! J. p. Greenshields, r. F. Everest; Norman
| McAllister, r. A, Wickham, the Travellers
! Accident Insurance company, and for fear
/ some one claiming an interest in the build
| ing might have been omitted in the list
| OF defendants. John Doe" Is included
! Al the time the sapp building was placed
/ on the market there was some talk OF
/ Charles r. Hannah, the former banker
/ OF this city now located in Boston, buying
il with the purpose in view Of starting a
new bank In this city. When II was re-
ported that the building had been sold 20
I A. A. Gaines OF Newport, Neb.. Il was
rumored that Mr. Gaines had really pur-
chased IL in the interest OF President Hart
Of the First National bank 10 forestall
Hannah opening another bank here. Mr..
Hart however, denied having any interest
IN the building. The management OF the
building. however. since the sale 20 Mr..