The Times Leader from Wilkes-Barre, Pennsylvania • Page 11

PARTNERSHIP rv TTK rV TP Tl TO) m. Emm Tb3t Which Existed Behveen i Crouse Le'ycock I r. Wednesday ns oargai OMFEMH Phone Your Orders Early Old Phone 948 Aaarew Crcaaa Last Hia Salt Aalaat ae Layeaek Batata Fat Haaar Clalase4 ta Ba. Pae Baafca Wera Nat Praacriy Kept Oawte Baalaeaa at Wyatalag. 'j By an opinion filed yesterday Judge Ferris dismissed the equity ault brought by he administrators of the estate of the late Andrew J.

Crouse against the administrators of the estate of the late R. K. Laycock I not only refund money without arguing, but I'll buy back your suit for $1.00 morfe than you paid for it! Believe me, there's nothing like confidence in your business, and let me add, that nothing great was ever attained without enthusiasm. I'm so enthusiastically confiident over the clothing I'm selling that I will give you a guarantee similar to the following; with every suit you buy from me at $10, $15, $20, $25 and $30 of Wyoming, and 'JtreoU that the cost be paid ou: of the Crouse aetata. The suit was rather complicated ESKHf13 BIBS- --111 7n FANCY BOASTING LAMB 111 I P.

FEE3H SLICED LIVER. 1 LEAN CHUCK BOAST. JL ft PBESH HAMBURG- STEAK Jf LEGS OF SPRING LAMB gU RAW LEAF LARD VERY BEST FRANKFURTERS 1 1 I WHOLE PORK 1 IU TENDEB CHUCK STEAK IL 4 ft LEAN SMOKED SHOULDER Ill I MR HOME MADE IUU and aTew out of a tmslnesa partnership that existed between the two men In their Ufetlme, which terminated with the death of Mr. Layoock In 1905. Later Mr.

Crouse began suit- to recover a certain amount MY GUARANTEE .......1911 Bought of Louis Rosenthal one suit or overcoat at $15. suit or overcoat proves unsatisfactory at any reasonable time after purchase, return it to the cashier and receive $16. LOUIS ROSENTHAL. which he claimed to be due from the partnership, but he died before the case was decided. In his opinion Judge Ferris dwells on the careless manner the partners had In keeping the books, saying In part: "Except during the year ISM, as far aa the evidence shows, no books of account seem to have been kept between the partnership and outside parties dealing with it, other than the books relating to bank account.

Aa between themselves, however, an Individual account was kept In the name of each "partner, purporting to show, on the debit stJe, partnership money received fcy him, and, on the credit side, disbursements of the same made by him. The account of each partner was kept In different sections of 'each of three small account books, to which both partners had access. "The -facts set forth In this flhd- Fancy "Uncas" Creamery I 'Guaranteed Fresh Butter lb. 34cfeDoz.25c WhyPayMoref Here's another example of how my upstairs rent and small expenses benefit your pocketbook. Did you ever hear of such' an.

unparalleled offer? rta- are. iMWotherwlB is establish tnan tne testimony ofcjv. J. crouse. the.

surviving partner" jQjd "o'rfgfnaf BOOHS ROSENTHAL Brick or Llmburger Compound r'Vift 'a for cooking LB 2c Pound. 15c 3 lbs. 25c SsnaBsaanaBneaanaaaa 2 Buter- 5 Cottplene plaintiff, and are only found upon the theory that he was a competent witness. Whether he was or not depends upon the accuracy of the stenographer's notes of testlmony--a matter tha la hy no means free from Amiht. the rmrnonen nf Over Kirby'a I.

howver, we may a- presume them to be correct "These accounts of each partner with the firm were crudely kept; the entries, consisting of "a date, a name and an amount in fig. ores. In some so rare as to be fairly regarded as exceptional an explanatory word or two Is added. of the contract he asks that an author-ized accountant with an adding, ma chine meet him on the Square each morning and total dead. He agreea to furnieh a daily report to councils and concludes his communication by saying: "If you are Interested In the extermination of sparrows and a clean For example, on page 41, of book 2.

we find (on the credit side of Lay- COOD-BYESPARROWS Their Days Are Numbered on Public Square cock account): April 26 Strow for tl.50 er city, address me at your earliest, aa mia is an important proposition." April 80 L. V. R. freight .47 and on page 40 (on tile debit side of made whether before or after Lay-cock's death nor by whom, if not by Crouse hlmac-lf, nor whether the person who made them, whether Crouse or another, was authorized by haycock to do so. There is nothing about these additional entries, other than their appearance In the book containing them, to Indicate that they relate to partnership matters.

While It quite possible that Laycock before his death may have authorized some person to add these charges to his account as he left It in 1893 still there is no competent evidence in the case sufficient to warrant such a conclusion. "We must, therefore, find, as we do, that the account of R. K. Laycock with the firm of Laycock Crouse, as shown by the competent evidence in the case, ended on June 20, ls93." zr amiiy Siena, id. 10x6(1 35(5 Quality.

lb- -22c FLOUR, Mohican xxxx Patent Bread Flour, PBtflfEsr oica'i Laundry Soap, 10 Bars 25c TOILET PAPEB, Good Quality, 10 rolls 25c COCOA, Extra Quality, quaUty, large 15c tins, 2 for 25c SFJSST BUCKWHEAT, 3 lb. pkg. 7. l2Uc SEAJHELL MACAB ONI, best quaUty, lb. 7c CATSUP, Mohican extra'quality, SbWi CONDENSED MILK, MoBrand 3 ckis ic- JUTS.

JUL J.na Rothery. Mrs. Elisabeth Estell ud' daughter Mary. Mrs. Jacob Wi.m,nri Mra Bmlth.

Mr? Leon Mra Anna Booth. Forty Fort; Thompson. Mra. Thomas 8ourbjr District Convocation The -Knights -of Malta of Wyomlna; alley district are Invited to assemble In Knights of ilalta nU, 19 North Main street at 8 o'clock Wednesday evening. Jan.

S. to hold a district con-Tocatkm and a -receptlon to Sir R. B. Keller, grand commander of the State of Pennsylvania. It is expected that large delegations from Plttston.

Plv-mouth, Nanttcoke. -len t.vnn r- Maltby Nuptials Thursday evening at 7:30 home of Jeremiah Bush of at the Maltby, his daughter Grace was united In mar the same account) May 1 Bll set 1 tire .78 Feb. It Axle In big wagon S.7I "Whether they may properly be termed partnership accounts or not, they do contain data from which, so far as they go, an account between the partners as to the matters shown by them could be stated. "It has not been shown that the X. M.

la a Conimunlcatloa Tells Caaeils He Cam Racressfullr Rs. ttrmbute Tkrm aae Asks a Mam Hk aa Addis Machta Meet II In Each Moral ta Total the Dead. partners ever jointly examined these accounts, agreed upon their correctness and ascertained to their common satisfaction that a certain bal Wllkes-Barre Commandrles will b. present Several supreme and grand officers are expected to participate. ance was due one or the xther: nor rlage to Robert Kstell of Wyoming.

The bride entered the parlor leaning on the arm of the bridegroom. The. couple responded to the service read by Rev. W. Scott Stltes.

Following the ceremony a wedlng supper was served. The room being handsomely decorated with evergreen and bouquets of fresh cut flowers. The young couple will make their future home with the bride's father. The bride Is a well known and popular young woman" of Maltby, while the bridegroom la also well known. The bride was the recipient of many handsome gifts.

Including a shower of silver, china and linen. The following were present: Jeremiah Bush. Mr. and Mrs. Mart Bush.

Mr. and Mrs Jay Bush and family, Mr. and Mrs. George Ellsworth and After reviewing the law and the facts in the case Judge Ferris concluded with the following findings of law and decision: At last the eparow nuisance Is to be abated. A man who signs himself O.

X. general delivery. Wilkes- that each rendered to the other an account based upon the entries In these books, thowlng a balance due, to the correctness of which the other had an opportunity to expressly, or, by silence. Impliedly assent; nor Sweet Doughnuts, dozen 7 Assorted Pies, each 8 Cream and Jelly Dough- -milts, dozen 10 Currant and Raisin Pound Cake, pound ....12 Nave! Oranges, dozen 25 Walnut Meats, pound .4 New Smyrna Figs, lb. .15 Hallowee Dates, pound 10 Potatoes, peck 30 Cranberries, quart 1) Barre, has communicated with the city dads and says he can exterminato the pests a trick that hundreds have failed to accomplish.

That he is earnest In hla declaration to rescue a suffering public from the Public Square choristers Is evl- that any such account between the PINT OF COUGH SYRUP 60e A SOo bottle of Plnex. when mixed with plain granulated sugar 'syrup, makes a full pint, a 1 family supply, of unequaled cough TJeually atops a deep-seated cough in 24 hours. 31 denced In the letter he sent yesterday lamny, coward Klug, all of Maltby; uLcmuun in iiy ua(es. ne asaa u. YOUB OBDEBS DELIVERED IN THE CITY councils to give him the contract of "uu ol rs.

a. CONCLUSIONS OF LAW "First. That where an account between partners has been closed for six years, and no transaction has been shown by competent evidence to have occurred within that' time for which the defendant is liable to account, nor any acknowledgement, sufficient in law, that such liability continues, the lapse of the statutory period Is a bar to an action In equity for an account by one partner against another. "Second. That the bill should be dismissed at the cost of the plaintiffs." "And now.

December 28. 1911. the ridding Public Square of the litlie partners was ever 'stated by anyone for them at their, request; nor that either partner ever presented or sent In to the other auch an account for his acceptance or took any steps whatever to bring about a settlement of their respective dealings with each other as shown by these books. "No entries were made In these books by Laycock after June 20, 1S92 (testimony of Crouse. p.

4). Between that date and the time of his birds whose ancestors came from Eng. iana. u. a.

m. says ne is greatly Interested In the public and therefore sympathizes with those who are daily and nightly annoyed by the feathered pests. Councils are given asauranca that Girl's Excitin Experience HOLIDAY ed for help, but no one came to her rescue. ST Plymouth approached and this nvlrientlu fright MONEY death (October 27. 1805) additional the work will be destructive.

There 1 Is to be no promiscuous shooting or entries, bearing various dates down i to June 1945, were made by some prothonotary Is directed to file of record, in this cause the foregoing oamage to puonc property. He goea on to explain that In order not to In. one other than Laycock, presumably Miss Mary Koma, a domestic employed at O'Brien's dining room on East Northampton street; had an exciting experience with a highwayman yester- day afternoon that she will not soon forget. Sho had intended to visit a cousin at Breslau, and. securing a few tovs for her rein Uve a baby, started for the place.

She left the Carey avenue-Plvmouth car near Oxford by Crouse (see his testimony p. 38) In apparent continuance of the debit $5, $10, $15 to $100 a VEW. HOURS ON YOUR FURNITURE terfere with the traffic of the city the work be done at night when the quarry is asleep. O. X.

M. says he wants to be fair to councils and aa side T)f his (Laycock's) account No ilndings Doth of fact and law, and thereupon to enter the following decree, nisi, and give notice to the parties or their counsel In accordance with Rule 63 of Equity Practice. "By the Court, "Georgo S. Ferris, P. proof has been furnished to show when these additional entries were easy on tho taxpayers as la practicable I pajtrs ns in pracucaDie ana only wants pay for the dead spar-ichjper.

In order that i grafting on his side! rows at so muc to the city line, and started to walk down the long path across the fields to Breslau. Thu mr It'll afill In mltrht art A It V-oa tncre will be no io DECREE NISI "Now, December 26, 191L this cause having come on to be heard. nor US sailant, for he yanked her purbo from her hands and ran away. Luckily there was but little money In It and he was poorly rewarded for his efforts." The young woman was badly frightened and being left without any money she abandoned her trip to Breslau. fcne walked all the way back to where she was employed, being afraid lo tell any one of her thrilling experience.

She statea that she would be able to identify her assailant. Parsons Death George Tasker, aged 4T, a well known resident of Parsons, passed aw.ay at Jits home, 413 Hollenback avenue, yesterday. Death was caused by cancer. Besldea his wife the following children survive: Mabel Mar- garet, John and Russell. LOW RATES EASY TERMS Payable In small weekly or monthly Installmentst rr.nMx wr.Hnl growing quite dark, although it only 4:30.

She had not gone faf wheri she was urmxtoA hv a all mun ttrftftnsu CONSULT Dr. O'Malley personally or by mall, the discoverer of the Chemlo-Electro Metl.od for the Permanent Cun and having been argued by counsel, upon consideration thereof. It is ordered, adjudged and decreed (1) that the complaintant's bill be, and same Is nereby dismissed; (2) that of Rupture without the Knife or Operation. Professional skill and ability proven by years of successful practice. Truss discarded forever.

Dr. Alexander O'Malley 1U a Washington Wllkes-Barra face was dirt-begrimed, evidently due! to having had a long ride on some 1 Pennsylvania freight train. The man stopped her, grasped her about the wdlat and attempted to drag her to one side of the path, attempt Ing to assault her.5 She struggled with and at the same time loudly call-1 ESTABLISHED ELEVEN YEARS Vv "The Old Reliable Wilkes-Barre Loan Go the costs of this proceeding be paid by the administrators of the original com plain tan Andrew J. Crouse, out of his estate. "By the Court1 "John McGahren, for plaintiffs.

F. O'Neill and F. W. Wheaton for defendants." NOTICE noora i uaTiQow uor5. Maia Street and Public Sr Fourth FloorTake Rievatn WH" Time and Labor Sell Phase 5T.

"S1 Phea 1303. TO HOUSEKEEPERS, WORKINGMEN AND ANYONE IN NEED OF MONEY by using Lectured in German One of the most Interesting and Instructive German lectures delivered in this valley in many years was given several nights ago In Concordia Hall in the presence of an audience of about 800 prominent German residents of this section. The lecturer was Rudolph Cronau tf NewYork City, the noted German-American historian and au f2 MORE $10 or 0 For Happy thor or 'Three Hundred Years of Ger man Life In America." His subject LOANS TO ALL ON YOUR PROMISE TO PAY We are organised for the pur. pose of procuring small loans for any one in need of ready money at charges honest people can pay. No red tape, no delays.

Others sre getting the benefit of our cheap rates, why not you 7 when washing colored Now Year Gifts of Leather Selecting the KODAK 1 ---r is a very simple matter at oiir store goods. YOU BEAT THIS? Borrow Borrow I 10 you pay back 15 you pay back 25 you pay back 12.00 17.00 27.60 55.00 Borrow Borrow $50 you pay back Weekly or Monthly Payments 1 Allow clothes to soak for at least an hour in cold water in which two tablespoonfuls of Parsil have been dissolved. 2 Wring out and place in a tub of warm water, not hot, with two table-spoonfuls of Ptrsil dissolved in it 3 Rub the soiled parts a a a 'wanMk to nrlng the gift you or hand bag, suit case, trunktbflbt Em mhrerthU ma' 9CU tbook. or For the customary return or New Year sift, rn- -happened, to forget, there 1. nothing approoriate 2nr! 11 JK yott a fine, useful article made of leather? to There's but en best Leather Goods Store FREY BROTHERS 16 AND 18 NOATH MAIN STREET NO OTHER CHARGE If you are not satisfied where you are new dealing, call en ua Open every night till 9 o'clock until Christmss.

Guarantee Loan Co. Second Fleor 110 SOUTH MAIN ST. 1847J, Belt Phone Our stock is complete, from tW i PrAumta was "Uia Germany's uiory and New Germany's Greatness." and he handled It in an excellent manner. The talk was highly Instructive and was Interspersed with 200 evcellent stereopticon vie- of scenes and incidents in Germany. The lecture, which was given under the auspices of the Men's Society of Krippleln Christt Lutheran Church, netted a neat sum.

McCaffrey-Kraft At St Mary's parochial residence at last evening Thomas E. McCaffrey of the firm of- Kane A McCaffrey, premium specialists, formerly of Nes-quehonlng, and Miss Margaret Krug, daughter of Charles Krug. the well known contractor of 20 East South street, were united In marriage by Dean McManus. The beat man was Joseph Gorham and the bride was attended by Miss Louise Kellar. Following the ceremony an elaborate wedding dinner was served at the Flat Iron Hotel after which' Mr.

and Mra McCaffrey left for a trio to "Philadelphia, Washington. D. and Baltimore, "Md. At the latter place they will vlpit the bridegroom's mother. On their return the young couple will reside In this city where they are well known.

Popular Comedian "Bob" Quigley. the popular comedian, arrived- in town on Monday end is visiting his family at Miner's Mills. sugntiy, rinse in warm water, wring, 'and hang out IDoi rdMi CaaUoai bot. i w.shmtf eolortd to the most expensive special Kodak, and we can explain clearly and simply, their various points of excellence. Let us assist you in selecting the Camera best suited to the person for whom you areJbuying ROBT.

JOHNSTON The Kodak Store 12 North Main St. ifftt I foodi RUPTUM will km I aRaaodriMsolora wiUi fikVi'Sm1?" PAD TRUSS 'l. ta hold reduci A ay bla uotura saf at GUAR, noptura safely and aiva Darf fort to the fur straps. Ruotura in ehil, rfaye' trial. No REXALL KNOCKa D-y-s-p-e-p-s-i-a 10 Gents At Your Grocer's tstion and fitting.

vur" parlors for consul. Y' WHITE, Rupture Specialist White's New Druo Stora. th. 1 w. iJ Hllisjal "r- noura 9 a.

m. ts 9 p..