The Daily Courier from Connellsville, Pennsylvania on March 3, 1939 · Page 10
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March 3, 1939

The Daily Courier from Connellsville, Pennsylvania · Page 10

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Connellsville, Pennsylvania
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Friday, March 3, 1939
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Page 10
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PAGE TEN. THE DAILY COURIER. CONNErLLSVTLL'E. PA. FRIDAY, MARCH 3, 3039. NEWS OF THE COURTS Ice Queen's Return UNIONTOWN, Mar, 3.--In the cose of George U. Smith, receiver o£ Union National Bank of Conncllsville, against Edward Baer, an order was signed by Judge Carr in which second pieUminary objections were sustained, the bill dismissed and costs of the pioceedings placed upon the plaintiff. The plaintiff brought action in equity to rescind a settlement with the defendant depositor of his liability as guarantor of a promissoiy note. In his bill, the pldintifit avers the settlement, which was effected by an agreed set-off, was made by mistake and, unless rescinded, will result in an unlawful preference to the defendant as a depositor. Judge Can' ruled: "Although the plaintiff pleads mistake, the transaction of which he complains discloses no lack of accurate information in regard to the accounts, no error in calculation and no oversight of any material fact. No fraud, misrepresentation, concealment or other inequitable conduct on the part of the defendant Is alleged. "Under these circumstances, it is settled that equity will not relieve against a mistake of law. The rule is that, where a party with knowledge of all the material facts, and without any other special circumstances giving rise to an equity in his behalf, enters into a transacton affecting his interests, rights and liabilities under ignorance of error with respect to the rules of law controlling the case, courts will not, in general, relieve him from the consequences of his mistake." The plaintiff admitted It was an error to have paid the defendant dividends upon $4,011.92 when he should first have deducted $1,325, still due upon the note, and paid dividends only upon the balance of $2,686.56, ·which dividends would then have amounted to 51,477.80 instead of $2,206.58, the latter being an illegal over-payment of 578.75. The bank receiver had sought to have the courts force Baer to pay back the $728.75 and surrender the receiver's certificate he now holds, or return the note. New Amsterdam Casualty Company, New York, in a suit filed with Prothonotary John Brady, seeks to recover $385.36 from Nora E. Mcln- tyre, Uniontown. The action sets forth that on September 18, 1931, a' instance of the defendant, the plaintiff became surety upon a bond to the Commonwealth of Pennsylvania in the sum of $20,000, given by defendant as administratrix of the estate of John J. Mclntyre, deceased The defendant paid the plaintiff thi initial premium of $70 but has failed neglected and refused to pay all an nual renewal premiums from Sep tember 19, 1932, to September 18 1938, amounting to the sum stipu lated in the suit, the action alleges. Convicted last December 10 of paternity charge filed by Ola Ma Orbin, the defendant, James H. Gor don, of near Scottdale, was granted new trial in an order handed down by Judge W. Russell Carr on motion of Defense Attorney E. J. McDanieL The defendant, An March 2, 1938, was indicted. Later, returned a fugitive from justice, his bond of $500 was ordered forfeited. However, he stood trial at the December criminal sessions, was convicted and, on the same day, directed his counsel to file motions for a new trial which, later, 'ere argued before tile court and ustained by Judge Carr. Declaring she \vill contest the di- orce action of her husband, Charles jatts, Fairchance, a petition was led by Mrs. Kalerina Gatts, 52 (Vinona street, through her counsel, Utorney Oscar B. Goldstein, asking court to make a reasonable award or suppo); and for fees to oppose the ction. The husband, in the libel, charged lis wife, whom he married November 7, 1919, in this city, had instituted a course of treatment that endangered .is health and, finally, forced him o withdraw from their home. The \vife denies that she and her hildren by a former marriage had ccorded her husband any ill tieat- ment and petitioned the court 1o award her a "reasonable sum" for support pending disposition of the ction. Suit for divorce was instituted by Victor F. Silveslro, Belle Vernon, against Genevieve B. Silvertro, Charleroi, whom he wed April 14, 934, in Beljevue, Allegheny county. The husband, in the action filed with Prothonotary John J. Brady, charges cruel and barbarous treatment and indignities, declaring that within the last three years his wife las refused to prepare his "meals, refused to take care of his personal wants, neglected and threatened him, humiliated him before his friends, used vile and abusive epithets towards him and has left him upon ;wo occasions. Opinion was handed down by Judge H. S. Dumbauld in the case in which the Department of Public Assistance seeks to recover $194 from Joseph Maciak, Newell, as a result jf old age assistance the plaintiff alleges was not legal according to law because of the status of the defendant The plaintiff charges that Maciak, at the time be sought aid, was the owner of a house and lot at Newell, valued at $600, and a lot and shanty on the Lynn road, valued at $200, and "that by virtue of these assets, is not entitled to old age assistance under the laws of the Commonwealth.' The court, in its ruling, set forth: "If there are circumstances which would entitle the defendant to the assistance which he received, notwithstanding the ownership of this property, ihe existence of such circumstances would be a matter of defense upon the merits to be alleged Waving a greeting to the American shoreline is_ charming Sonja Henic, star of the ice and screen, shown arriving: in New York from a South American cruise. News of the Day At Ohiopyle Mrs. John Kudak Dies. SOMERSET, Mar. 3.--Mrs. -John Jenners died Tuesday night in the Cbmmunitj Hospital here. She e ives Her husband, a son, her father and flvif sisters. om the Meyers afcial street to the I the Cunningham Mill Run MILL RUN, Mar. 3.--Mrs. Sturgis Colborn was hostess to members of he Anagram Club Tuesday evening, rizes were awarded to the three ighest players, who were Miss Delia Lenry, Miss Florence Marietta and tlrs. Dwignt Dickey. Low prizes vere awarded to Mrs. Frank Livingston, Mrs. Gertrude Goldsboro and tlrs. Clyde Krepps. Lunch was erved by Mrs. Colborn. Table lecoratloBs were in keeping with St. 'atrick's Day. - - ·_ Personals. Mr. and Mrs. Invin Mountain, Miss Delia Henry and Miss Gladys Livingston motored to Cumberland, VId., Monday to transact business. Mr. and Mrs. Fred Eberharter, on Lewis, and daughters Betty and Marguerite of Scottdale visited Mr. and Mrs. David Marietta Sunday. Mrs. Joseph Gibson is visiting her brother-in-law and sister, Mr. and Irs. Frank Mazza of Belle Vernon. Mr. and Mrs. Harry Krepps, Arthur Friend, Earl Burkholder, Frank Bigam, Mrs. George Colborn and son Walter, Charles Marietta and son Francis, and daughter, Jeanentte were callers in Connclls- i , ,, by the defendant in an _affidavit of defense upon the merits.". The defendant's affidavit of defense, raising a questionrof-law in the nature of a demurrer, was overruled and dismissed by the court anc the defendant required to flic an affidavit of defense on the merits within 15 days after notice of the order. Monarch Guild Presents Plays Dramatic students and musicians of the Monarch Little Theatre Guild presented a program at the Monarch Community House Tuesday evening. Proceeds wiE be used to purchase equipment for the gym and game rooms. The first part of the entertainment was put on by the junior group which presented a mirthful one-act comedy, with musical number, entitled "The Little Red School House." A second one-act playlet, also a comedy was entitled "Mushrooms Coming Up." The senior group presented it. This cast was as follows: Anna Marie Borris as Mrs. Canfield; Irene Holasz as Mrs. Carter; Edwina Smidtke as Susan. Todd; Dorothy Check as Mrs. Hudd; Kathryn Noven- glosky as the nurse; Betty Miller as Silvia. The following numbers were given as entertainment between the playlets: Accordion solo, Rose Alisse; vocal solo, Edxvina Smidtkey with Rose Alisse, accompanist; comedy act, Thomas Gmitter and John Holasz; vocal solos, Thomas Gmitter. The program was directed by Richard Foote, dramatic instructor of the ConneHsville Recreation Center, assisted by Clyde Rude of the same organization, who is directing recreation activities at the Monarch Community House. B. 0. Cascadings Show Big Increase 'Baltimore and Ohio carloadings for the week ended January 25, totaled 37,695, comprising 24,180 cars loaded on line and 13,515 received from connections. , This showed an increase of 5,207 cars over the corresponding week of last year, tha total for which was 32,488, consisting of 20,673 cars loaded on line a--d 11,815 received from connections. For the same week of the year, 1930, the total was 65.5H, including 4'!,178 cars loaded on line and 21.P76 received from connections. During the previous week of this year, the week ended February 18, total loads were 39,561, of which 25,405 cars were loaded on line and 14,- 15D received from connections. Bear Run BEAR RUN, Mar. 3.--Wilma ant Marjorle Landermau, Harry Dale anc Bobby Hall and Delia, Alonzo, Betty David and James Scarlett were presented with certificates Sunday by Hidonan Chapel Sunday School fo perfect attendance during the pas year. John Stull HI. Albert Stull of Youngstown, Ohio was called fere last week by the serious illness of his father, John Stull. Mr. Stull has shown some im provement. Personals. Mr. and Mrs. Ray King and daugh ter, Constance, of Ohiopyle visitei the latter's parents, Mr. and Mrs. Ro Friend over the week-end. Mr. and Mrs. John Wilkey am family of Rillton and Mr. and Mrs Lloyd Oldland and daughter of Con nellsville visited Mrs. M. C. Skinne Sunday. Mrs. Oldland is staying witl her grandmother for a few weeks. Mrs. Charles Burkholder of Mill Run visited her son-in-law am daughter, Mr. and Mrs. Orville Fire stone Sunday. Earl Sipe of Jones Mill and Mrs Luella Lohr and daughter of India- Head visited Miss Lydia Friend las Thursday. Mr. and Mrs. William Shively o Greensburg visited relatives her Sunday. Mrs. Frank Shoemaker of Suga Run is a patient in Uniontown Hospital. She was admitted last Friday. ville Saturday. Mr. and Mrs. John Laughrey of Shgo visited the former's parents, Mr. and Mrs. Walter Laughrey, over the week-end. Mr. and'Mrs. Albert Mountain of Greensburg visited Mr. and Mrs, Homer Miller Sunday. Victor Kowan of Johnstown visited s parents, Mr. and Mrs. George Elowan, over the week-end. Mrs. Sturgis Colborn was a shopper in Connellsville Monday. OHIOPYLE, Mar. 3--Mrs. Frank Funk of Washington, D. C., arrived Wednesday to visit her parents, Mr. and Mrs. F. K. Bailey. Mr. and Mrs. Francis Cunningham and family are moving to the Robert Cunningham farm in Kentuck and Mr. and Mrs. Robert Corristan and family will move pioperty in Commi property vacated b: family in Grant B Mrs. W. R. Johnson is visiting Mrs. Clafa Holt at Farmington. Mjrs. ij. W, Conaway and son George, accompanied by Raymond Short and Mr. Felty of Cumberland, Md., attended thp play at the high school auditorium Saturday evening. George was on the program and sang several songs between acts. He is a brother of Bruce Johnson, a student in the Ohiopyle High School and had the leading part in the play. Dr. Phillips held a duck supper at the Ohiopyle Hotel Monday night and seived to a number of his friends. John Stull, 84 years old, a resident along the Ohiopyle-Mlll Run road, is reported in poor health. Mrs. Sylvia Helterbran spent the week-end visiting Connellsville acquaintances. Miss Goldie Wilkerson of Connellsville visited Saturday with Mrs. Edith Joseph. Mr. and Mrs. Carl Shipley and two sons of West Virginia motored to Ohiopyle and spent the week-end with iriends in Ohiopyle. Mrs. Larry'Roberts who has spent the past two years with, her mother, Mrs. Fannie Waters, left Saturday night for. Detroit, Mich., to jota -her husband who "Iff employed at that place. ~ Mr. and Mrs. Frank Johnson spent Saturday in Uniontown. Revival Services End. The union revival meetings conducted in the Methodist Church by Hev. F. S. Wortman, pastor of the Ohiopyle Baptist Church, assisted by Rev. Truxall of Youngwood, closed Sunday night. School Flay. The school play held in the high school auditorium Friday and Saturday evenings drew well filled houses, Mrs, Gordon Buried. The funeral service for Mrs. Sarah Gordon, who died at her home In Bridge street early Tuesday morning \neis, was held at the home of George Shipley in Logan stree Thursday afternoon. Interment was in Sugar Grove Cemetery. School "Vacation.' School children shouted with glee ag;urj Wednesday when they enjoye day's vacation as the heater had another breakdown. Basement Stairs Installed. Several men were engaged this week under the supervision and ale of Rev. F. S. Wortman in putting stairway on the Inside of Baptis Hallowe'en prank and placed three- Prosccutrix Hit Hard. GREENSBURG, Mar. 3.--A fourths of the costs on the rrote- cutrix and one-fourth on acquitted Bertha Jury and Virginia cltumed that her glasses were brok- Sarah Snyder of the same place as a PAI.WOI.IVE SOAP 4" OCTAGOA CLEANSER 2 POWDER 2 m» 9c TOILET SOAP 2 *» 9c SUPER SUDS 35S-..25C CLOVER C O F F E E ^ Takes Navy Yard Post. Robert L. Walker, son of Mr. and Mis. John H. Walker at Scottdale, has assumed an appointment in the United States Navyyards in Washington, D. C. He may be reached at 12S Sixth street, S. E., Washington, D. C. Note Writer Serious. HARRISBURG, Mar. S.--Someone doesn't want Clement G. Bowers to park in front of his own home. Church to the church basement. "Please don't park here. This means you," said notes he found in his car Each time the air had been let ou' of the tires. LJquld-TabltU $alve-No»t Drops S A L V E Believes COLDS Pries 10e 2Bc Wearies of Dodging. PITTSBURGH, Mar. 3. -- Annie Loder asked for a divorce from Claude C. Loder, alleging he threatened her with a knift, "threw ash trays" at her and called her names before other persons. They were married in June, 3935, when both v. ere 3'' Closing Out ENTIRE STOCK OF BOYS' -including Sawyer" and Pan".. . 210 N. Pittsburg St. PRUNES 3 » CALIF. 4O-KO PEACHES2- 25c Choice Mnlr SALMON AInaba Red Smtraon--· SUGAR FLOUR ·THK FAMILV QLENDALE--77e CLOVER FARM--89c "Clover Form Stores individually owned by Pennsylvanians offer unusual values during Pennsylvania days for Pennsylvania Prosperity." Tuna Fish -a," I5c r d ? n e s DOMESTIC--Oil « r d i n · Cam. J^OI« S a S . a S Cl/' S a r d i n S a r d e s - 6 c IOc tm tft«lr 2T*twr*l Jufee a r d i n e s CI,OVER FARM--oiuornu in e s -Peeled «nj -- 25C Tontnt* Snace I5c n e s cm Bond* In OH re oil Kipper Snacks AT.A CAH S h 2 *vo. vi C«n« r m p CI-OVBR r.\n«--Vancr Wrt M a c e r e BATWKI.I. 1 I7c 0c Catsup » 40 * !Oc R i c e 2 " 9c M N P i e O S BLUB no SB VARIETY a c a r o n I 3"- 25 c I/A. CONTimXA--Elbovr or 5p«Rh«ttl o o d l e s 2 SS 29c CLOVEn FARM--Fine or Bronfl k l e s GI.E.VOA.LE--Dill. a t s CLOVER FARM- IOc I7e O U p S BIG FARM--Tort or Vegetable Tomato Jui e 2c"»S;- [90 CT.OVER FARM--M«d« from Whole Tomntoe* Salad Dressing S?' 27c CLOVER FARM--Illch -- Smooth INTEODUOrNG CT.OVTT.R FARM--Xow, fmmtTt SOAP Octa3 ° n loss* 39c DOG FOOD - 5c ALWAYS OK TOP BRAND MATCHES 6«25c COVKR PAftat -- L»r* C O R N COVKR PAftat -- L»r* Box-- Pull Coniit -- J Compare CLOVER PARK-- Whol« K*rn*I or Crushed Golden* Bantam. IeIIc*t« Fla-ror-- Jn«t Like Corn on th* Cob. CLOVER rAHIH PEANUT BUTTER MOVIE FAN SI S E N D F O R SET OF « 8! G' · x 10 INCH FHOTOS' or r o r u i A K MOVIE. FOX OMIT V f*C WITH COUPON IW r*OM MUSTARD Meat Special ROSK HAF BACON - 21c *r Half Sliced Children Need Vltnmlu n -- Till* Batter HIM Plenty ol It! a? 27c Krispy Crackers Al«T*7w Ove»-Fr«*b S O U P 2 CLOVER. PARK--n«dy To Serr. SPECIALS *!5c 25c C H E E S E 2Fc Fancy Full Cream -- *WI*coniiln -- -fc 19c RED SKIN Medium Sharp b. 30c FRESH FRUITS AND VEGETABLES GOOD AMD KITE 5 ibs. 23c 3TJRKSH AM) 3?A T CY 1 ib. 5c 25c FBESH, TENDEB Bunch 5c JUST ABEIVED! 2 bunches 9c BEETS bunch 5c 25c PRICKS KFKKCTIVIS BTCGINTttNG FRIDAY, MARCH 3. 1«S8

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