The citizen. (Honesdale, Pa.) 1908-1914, 1912-04-19
COLUMBIAN PROTECTIVE ASSN.
SUED
Binghamton, n. V, Company Lose
Two Suits Thursday Morning and
Will Have To Pay Plaintiffs
Suits Brought Before Squire
Robert A. Smith-Cases
Likely to 90 Higher.

hhSiy tO 20 higher.
Thursday morning was a busy one
in Justice Robert A. Smiths office.
There were two suits brought
against the Columbian Protective
Association, of Binghamton, N. Y,
to recover s25O.0O each and also in
terest on the amount paid into the
company. One case was brought by
Miss Theresa Gerrity, stenographer
for Burgess c. A. McCarty, and the
other by Mrs. Rena Congdon, of
Honesdale. The defense was repre-
sented by Attorney Perkins of Bing-
hamton, N. Y, and Attorney Scragg,
of Scranton. The plaintiffs were
represented by Attorneys C. A. Nc
Carty, of Honesdale, Attorney
O'Brein, of the firm of O'Brein &
Kelley, of Scranton, and Attorney
O'Malley also of Scranton.
A large number of people of
Wayne county are interested in the
outcome of this case as the Ameri-
can Fraternal Association was pure
ly Wayne county organization and
conducted on a fair and square
basis by honest men.
The Columbian Protective Asso-
citation of Binghamton, y. Y, a COM
pany along the same principles as the
American Fraternal agreed to take
over the American Fraternal policy
holders and subscribers to strength
en- their own company. The trans
fer was made and everybody seemed
to be satisfied for time. The
Colum bian Protective Association
seemed to have been strengthened
by the addition of new m members,
which was undoubtedly the case.
The policyholders were supposed to
be stockholders and were to come in
for their share of the profits Of the
company not to exceed $3.50.
Monthly payments of $500 were
paid to the company's agent and
every quarter a fee of 50 cents was
required. If there were any lapses
the stockholders were to come in
for a sabre. The company then be-
gan to keep back 80 per cent. of the
profits and refused to pay over to
the stockholders tho fGll amount
due. These conditions led up to the
suits to recover this morning in JUS
tice court. The transfer of the
American Fraternal to the Colum-
bian Protective Association, of
Binghamton, n. Y, was made in
1910.
Miss Gerrity's case was called first
and she testified that sic had be-
come a member of the American
Fraternal Association, Wayne
county concern, and had received a
certificate of membership, which
was offered in evidence, and that she
had paid 50 a month into the asso-
citation until it was taken over by
the Columbian Protective Associa-
ton and had continued to do so af-
ter the change. On being cross-ex-
amined she stated that she had paid
about $120 into the organization
and also quarterly dues amounting
to so cents every quarter and had
received nothing in return from the
company.
The defense had no evidence to
offer and Justice Robert A. Smith
ruled that the plaintiff receive the
| full amount of the policy or $3.50
plus interest. The defense asked for
compulsory non-suit.
The case of Mrs. Rena Congdon,
| formerly Miss Rena Kellow disclosed
the fact that she had also been a
member of the American Fraternai
Association and had paid her dues
regularly every month to Mr.. Deit-
ger, secretary of the company, and
after the company was taken over by
! the Columbian Protective Association
she had also paid in dues with the
understanding that she was to re-
ceive $3.50 at the end of a certain
time which has expired. She claim
ed the full amount except a loan OF
$50, which she had received from
the company. The defense Offered
no evidence and asked for a COM
pulsory non-suit on the grounds that
the plaintiff had proved no case.
Justice Smith ruled that she was en-
titled to TIE tamount of her claim
| less $1,000 which was the loan, plus
interest above referred TO.
The plaintiffs attorneys state that
they do not intend to rest action
with the present decision in their
favor, but intend to carry the mat
ter higher and expose the Bing-
hamton concern to the people OF
Wayne county.
The attorneys for the Colombian
Protective Association will probably