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The Oneonta Star from Oneonta, New York • Page 10

Publication:
The Oneonta Stari
Location:
Oneonta, New York
Issue Date:
Page:
10
Extracted Article Text (OCR)

lO XMIi lWais HI AK, Sine 2, Unveiled by Princess Higgins Awarded Pioneer Restaurant; Court of Ap SHAW SECU1B VEMMCT Delhi Kestdeat Wfauae Wife Eloped With Former Hoarder. II. Bock. hh. Giieu Judgment for Money Ixuned.

lift, peals Finds for Defendant Another rhripter in domestic and tinanelnl alTaira of Charlta E. Shaw of Delhf was written yesterday, when at nn adjourned term of the Delaware trial term of the supreme court at tho chambers of Justice Kelloss- here a wrdict was given in Tavor of against his former wife. Alice II. Shaw, now the wife Highest State Ctnrt Sullies Apr tfltte Court and Holds Hut Optica H.J EipM aid Tba! Urn Had Bcea Ni Extutioi Either Adul or ImpM, Attorwy Jtmet J. Bywd Wkt Battle With Hon.

L. Cue Stabbonly of William II. Bockus. a former boarder in the Shaw home, to whom iHWe mul now amatfer Property to Owner. wns married in the west.

According to the evidcr.ee present- PrlnerM l.o ulae of Sweden with her own hands. Briitdpil hv of the Navy Wilbur, nulled the cord which parted the drnnlnic flues around the memorial sculptui Inventor of the Civil place In Potomac Park, Washington. Crown uniform stands beside the Prlnccsi CHERRY VALLEY WINS RALLY Knnt Troop There Acaln Captures Print of Oucfn-Scfioharte luum.1l Oneonta Wins imnnosl ration Event. Cherry Valley again captured both first firings at the rally of the Otsego-Hchoharla Boy Scout council held Sut-urduy at Cooperstown and attonded by bout 200 scouts from all parts of the council territory. Thero were classes of events, athletic and Scout information, and Cherry Volley both.

Oneonta troops. No. 3, and No. I. look the two prises for demolish a Hons.

Troop 1 of Oneonta also took second place In the athletic division, with Sharon Springs, Cooperstown. No. 13, and Oneonta. No. 3, tied for second I'luce.

There were also two ties for third In the latter class. Oneonta No 1. and the Meredlth-Merldnle troop. took third position in tne atnietlc section. Cooperstown Scouts made the rangemente on the fair grounds while the Ice cream and milk provided the was secured by the Coopers-town Chamber of Commerce.

The Star Scou'ti cortincata was conferred upon William Anderson by Hon. Almond Cramer of Cherrr Valley, who atso announced that Mr. An.lfrson would he camp leader at Camp Deor-elayer. summer camp of the, council at utsego lane, this summer. siHlken KxccutKe Hornbcck.

who cat npltmentcd the boys upon the "pint wnicn naa been hi trie rally. Freed from Dohls- Utlea, Juno 1. A number ot bankrupts have been freed from their debts, according to; orders signed Judge Prank Cooper and filed in the office of the clerk of ihe court here. The list Includes: Currle Thomas of West Oneonta. who owed 1705, and Idmn A.

Austin of Plainflcld, with debts of tl.OTt. The court finds that they did not conceal any assets, and that they otherwise conformed with the bankruptcy law. and therefore are entitled to freedom from the debts they swore Ihcy could not pay. THrowm nmw! i IT CltOTK evunrKm 1 1 Kroup honoring John Krlcason, "Monitor." The iinvclllnir took Prince Gusluvus Aduliihua In ACSnjAlfT CONFERKNCE Joint (lathering at Chenango and ot Counties at Allan. leitsrduy a Joint meeting of the American Legion auxiliaries of the counties of Chenango and Otsego held at Afton and ten members of the Oneonta auxiliary were In attendance and report a very enjoyable and prof liable time.

Luncheon was served ut noon, after which adjournment taken to the Legion rooms, where McHugh. Ilrat vlco chairman of the sixth district, presided at the opening and welcomed the visitors, after which Mrs. Eddy of Oxford, chairman for Chenango county, presided at the bus iness session. Mrs. Hooks of Blnit- hsmton.

pust president, of the lamest auxiliary In the state In thut city, re ported rclutlve to the work done by thnt auxiliary. Mrs. May Newcomb. nesi vice chairman for Otseco. sponded for that county.

Announcement was made of a trict meeting ot be held at Koorock Glenn, near Elmira, on June II, to which auxiliaries in the sixth district expected to send delegates. Mrs. Olyphant. past national-president, and Mrs. Parkhurst, state are to be present at that meeting.

Colby 31a jor Tea Roolu and Tour ists' Home, Olegu. N. V. Mr, and Mrs. Mcrrltt Gilford have thorough!) renovateu the old Otego tea 1 room and" tourists home, the place to be known hereafter as Col by Manor.

With a large poultry plant on the premises, quests may be sure of be ing served with strictly fresh egga and broilers. Chicken dinners are every day and there are pri vate- dinirg rooms for use of those wishing to give a private dinner party, with- privilege of dancing. and Mrs. OIIToid wii: be pleased to arrange for entertain ment nf any private parties any time. Tctcphono or write them at Colby Manor, Otego, N.

Y. advt tws Dance at Foreman's lull. Daven port, Thursday evenina of this week. Music by Dcwey'3 Imperial Serenad- Coine and hear this orchestra. Some pep! advt 3 Note this actual test.

It proves something of interest to every home builckr or buyer. A box is divided in half by a layer of Celotex Insulating Lumber. The right half of the is heated by an electric lamp, to 1790. At the end of an hour, the left half is only cooler. HOW CELOTEX STOPS HEAT Interesting test shows results of building with insulating lumber the rocfand walls of a house, Cdotcr does the same tr.mg as in the test above.

It keeps cut the hot rays of the beating sun in summer. And keeps in precious furnace beat in winter. Rtsults: a cozy warmth in the bitterest winter weather, a refreshing coolness thnwghout a hot summer one-third less fuel cost greater security longer life Jess upkeep expense. This remarkable insulating lumber is one of the greatest con-' tribotiorB ever made to home comfort atiu economy. Celotex is made from the tough fibres of cane.

It canes stock sixes: 4' wide. 8' to 1 1' long, thick. It weighs about 60 lbs. per 100 ft. Look ahead! By aU means let us give you all the facts before yon build or buy.

Celotex advantages cost little or nothing sjuPE than ordnary. beat -leaking constructsoci. Briggs Lumber Inc. Omenta, New York Vesterday the court of appeals ii. iiiueu uown a decision ill the action George A.

Noblo vs. William C. HlKSlns and Gladys E. lUtnlim afllrm- Injf the decision of the uppellate di ner 25th, 1925. The court or'anneala holds that the defendants did not make any misrepresentations to the plaintiff and that no agreement was inado by plaintiff and thn fendant to renew the old lease or io extend the time In which nlalntlff could make an acceptance of the terms of the option incorporated in tho original written agreement for the lease or the premises.

By this decision the defendants are entit led to the immediate pofuesslon of their property nnd tho plaintiff Is leiiulred to restore the building to Its original condition and derides that tho chattel mortgage executed I to Higgins Is valid anil ca be held by the defendant, William l. lllgulns has a Hen upon the prop erty and fixtures In the restaurant until the building is renaired anil restored to Its former condition, hold ing that the guarantor of the lease. Vucy L. Noble, is liable for any deficiency that may exist between the value or the personal property and the costs for restoration, in the event that the plaintiff neglects to make Immediate settlement for damages ana costs lor th. entire litigation.

In February 17, 1919. William C. Higgins and Gladys E. Higgins. his wne.

leased to George A. Noble. restaurant, located at No. 3 Diets street. In the city of Oneonta, N.

for a term of five years, which lease exp red on the last day of February, 1924. The lense contained a clause if Mr. Noble wished to purchase the property, he could do so by serving a. written notice on the defendants sixty days prior to the last' day of recruory. 1321.

The plalntirt claimed that'idurlng the month of December ho and the defendant', William C. Higgins, hnd conversations in the res. taurant and in the office of Owen C. Becker nnd that the defendant William c. Hlgglna agreed to give him a new lease for five years with ame option as contained in the old lease.

Mr. Hlgglna. one of the defendants, admitted the conven tions, excepting he said: that no sne. was named or agreed upon to be placed in the option; that he igree to sell the property at any time during the term of the lease 4f he wished to dispose of the same at any figure that he might wish to accept for the property hut id give tne plaintiff a thirty dav notico In writing of any offer that from hearln the til the plaintiff had an opportunity to have the caae tried in a supreme court, determining the rights of the parti ps rcgnrdlng the option ot purchase sot forth In the Icnae. Complnlnt was served at that time upon the defendants, demanding, the uetenuants to deed the property forthwith to the plaintiff for tho price mentioned in the option of purchase or to sign new lease for five years for the premises, renewing the old option for the same length of time.

The defendants answered through their Mlorney. James J. Uyard. denying mat any agreements were ever made and' acci-pied and that no valid and legal contract was ever made betwei-n the plaintiff and defendants for a new denying that the defendant way had used any receptive measures fur participating In any act that would lead a reasonable thinking man that old nrlion should he renewed. The issues were tried mi.

in tne supreme ronrt at Coonem- Hill decid ing that the minds of the parties 1: lever mpt upon any definite terms in agrrfment for a leise or ion and held that the defendants mt iised any deceptive methods, car Ing the twelve days delav of Mr. N'oMc in serving his u.luc-ri acceptance of ine opiion to purchase, as stated In ne lmt ordered the defendants cor.w-v the property at 3 'tree! to IV pl.iinUiT at considcrjition ncnllcnM In the option, on the rrounds that the parties were negol-ating for a m-w lease and new owion during the tine that the old mi inn ami iNe excuse for iiiU pl.iinlifTs d'Isr serving his wrltlen nMlce of to purchase The defendants" aitoinev 3 Fvard. appealed Jrom the oi ir.e rreme to the nr- pellatf at Albany, which case in Mai. that liU.nuil ami respondent Noble. The appellate division reversed the Jodgmer.) rf the snpreme court by a rote of jhrce to two and in their decision ordered that the plaintiff snrrender of the property to the defendants and to pay incurred lor the that the that the plaintiff and defendant taOced about a new or the extension of the option did not amount to a valid agreement and that Ihe plaintiff had not shown sufficient reasons for his twelve days' delay in serving his written notice to purchase the property.

They also held that time was of the essence of an option to purchase and that delays could not lie excused in Issues of this George L. Unekes. attorney for the plaintiff, appealed from the judgment of the appellate division to the court of appeals of the state of New York, claiming that the Judgment of the court was erroneous, as it Tailed to excuse tho delay of twelve days In plaintiff serving his ncceutanes or tion. that the negotiations between the parties amounted to an emiltnt.ie ifcioiipei altn mat the defenda it insist upon tho slxtv notice, na they had participated helped cause the delay of the plaintiff in seiving nis notico. J.

Byard, appearing be- iure mo court or appeals for the fendants, argued to sustain the linil- ings of tho appellate division a asked that the decision be affirmed tne court of appeals met on the 1st Judgment and order of division, holding that the defendants, William C. Higgins and Gladys llig. Kins, are entitled to the immediate possession of the property, that time is of the essence of a contract to purchase real estate, that the defendants aid not In any wise participate by act or word In delaying the plaintiff from serving the acceptance of purchase, that the defendants had fully performed each and every part of their agreement and that the plaintiff had failed to give the proper notice to. avail himself of the opportunity to buy tne real estate under tho terms of the option of 'sale, as incorporated In the lease of the premises at 3 Diets street Oneonta, N. Y.

Spring Golf Tournament. The unnuul aorinc tournnmont nr the American Golf association of Advertising Interests is to" be held at- the Cooperstown Country "club June 19 to 26. at Auction At the. farm of Bruce Kaeder nt edge of Hobhrt village Wednesday. juno at 1 o'clock p.

the entire Uruce Itaeder dairy of 54 cowa, Jerseys, Guernseys. Holstelns. Ayreshlres. One-half are fall cows, the balance are spring cows. All an exceptionally prime lot, and entitled to credit on nrrmmt nt being young, the height of condition, bnvmrr that the nlalntilt ehouia haC.

Vhi 1 and perfect uddera. Not opportunity of buylnn the property! COK: Not 'hreo-teoter. Terms rlcfcndant wished to selL previously arransc The option expired December 31st. F00te' J. IS.

Gilbert. 1923, as the plalntirt had not availed uoneer- advt 3t himself of the privilege of purchase according to the termi of the option. The plaintill on the 12th day ot January, 1924. twelve days after the expiration of the option, notlllcd the defendants that he intended to buy property according to the terms Ihe notion, etatlng the reason of his twelve day delay was caused by the defendant. William C.

Hisgins. promising him an extension of trfe option for five years longer. On the llrst day of March. 1924. the next day after the expiration of the year's lease, Wllllum C.

Hlgolna and Gladys E. Higgins commenced an action in the city court before Lee D. VanWoert, Judge, asking' fur an order dispossessing the plaintiff. Noble. George L.

Bockes, attorney for the plaintiff, procured an injunction order from Honorable Abraham Kcllocer. restraining the mate the sum of $436.78, which witli interest to date of $63.42 minted to S50fi.Hi. which is. the ount of the Judgment with added Accoidinj; to Shaw his wife i invested the money in a bond which ahe appropriated to her own use r.d took with she tnok Ki-ench leave" of Shaw and Delhi nd was married to Rockus. The i ourt Granted the plaintiff a Judg ment for the laEt amount named.

I Hamilton J. Hewitt of Delhr nppcar-1 ed for Shaw and the I'nr Ml! Hocku residents of Broome county. ing, Antiseptic Liquid Ttolwit of Hinghnrn'on. being her torney of record. It is understoed nt Rockus and his wife are now It Is nnnnuni-nd that the never.nl: rases In which and wife were Involved, including the suit in whirl.

he recovered $4,000 for the alienation i of the wife's affections, have all been decided by the appellate division, to which they were appealed, the ver- diets all being sustained and the several motions for new trials denied. Countr Animal Society. The annual of the Of County Society for the Prevention uf Cruelty to Animals will be held Hotel Fenlniore. Cooperstown. Ji 8th.

at 1:30 p.m. S. W. Conkling, secretary. Ira 8.

Sweet, Practical bonesetter. at the Windsor, Oneonta. June 1 National hotel. Norwich. June 9.

advt lmt For Sale. Rich top soil for grading. Cash market. Phone 19. advt 2t HEAL Apply Zemo, Clean, Penetrat- It li annecenarj for you to with wma.

blotches, ringworm, rashes md similar skin Zemo will osoaiij io.taot relief from Itching torture. It sea and soothes the akin and QQieklj and effectively most skin own. Zemo Is a wonderful, dis appearing liquid and Is toothing to the most dellcste skin. It is recommended for oat beciiue it doesn't show. It today from any druggist.

Snail site 00c or large bottle fl.oo. Advt I Bbfa Stxwt OatMtm. Jf. w. I'HONB ItW-J OBet Usaday and Fri- Flamingo Dawn's Rosy Tint COLOR in glassware in atrikingly in Heisey's A Glassware in the rare new Flamingo sets off the snowy whiteness of your table covering with a tint that brings to mind the first rosy flush of dawn.

Ask us to show you this enchanting table service. There are more than a score of exquisite pieces. OX DISl'LAY LAUREN ROWE HEISEYS GLAS WARE LATEST AND BEST! An INCREASING, lifelong Monthly Income if Totally and Permanently Disabled by accident at disease before age 60. THE MCTTJAl LIFE INSURANCE COMPANY OP XOM No further premium payments. $100 a month daring Hist jean.

$130 a month daring years. a month thereafter for life. And then tlO.OM at roar death to jonr beneficiary. Total disability lastlnc SO days regarded, during farther continuance, as permanent. ir death, at any age, is accidental, payable fet single sum, or Income lor a term or years or for Ufe.

fieaM jlre me tanner Information about the Perfect Ufe Insurance NAME OCCUPATION DATE OF BIRTH ADDRESS BERNARD, Dis. Mgr. SCHENEVUS, N. t' 17 UiiderUker and Embdmer (lay et Mlgat Poaeral Tartars gi) siala stseel aiteaaaM PINE LAKE DAVENPORT CENTER IntheCatskills NEW YORK STATE REGULAR DANCES WILL BE HELD EVERY Contests, Prize Waltzes and Exhibition Dancing Will Be Featured at Stated Periods MUSIC WILL BE FEATURED BY I Sunset Serenaihn thi oacaisTM or ao axcans and most attractive in Central New York, an; now under consideration. WEDNESDAY SATURDAY SUNDAY EVENINGS THROUGHOUT THE ENTIRE SEASON.

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About The Oneonta Star Archive

Pages Available:
164,658
Years Available:
1916-1973