{ title: 'Fulton County Republican. (Johnstown, N.Y.) 1881-1927, September 16, 1909, Page 5, Image 5', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn88074736/1909-09-16/ed-1/seq-5/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn88074736/1909-09-16/ed-1/seq-5.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn88074736/1909-09-16/ed-1/seq-5/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn88074736/1909-09-16/ed-1/seq-5/ocr.txt', label: 'text/plain', meta: '', }, ] }
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~.:Lo··. ··.u-··;·· .. tt·· .. r··\\'·. , . \ . . .. '\ T._,.,,..·T ' PL·Jiif$:Ss SOLO BY plaintil'! that it would ''continue and lease that all \repairs to become and extend the lease for premises No. remain part of said building and 121 West Main street, Johnstown. premises and belong to first party.'' N. Y., assigned to this company, for The defendant's contention that three additional years from May tat, the lease is void because it was exe-· 1904, to May 1st, 1907, according outed through her agent is not sup- to terms and conditions of lease dat- ported by the authorities. The lease_ DEOIDES FOR PLAINTIFF IN THE ed May 20th, 1902.\ is not made by the plaintiff's bus- The def.,ndant continued In oecu- band in his name as agent, but Is· BANNISTER Q&SE, pation and possession ot said prem- made by the plalntifr herself, and her ises under said lease until the ex- name duly witnessed is signed there- plrat!on of the period of the ex- to by her husband, as it might have WEST .END OR(WING CO, tended term, and then vacated the been done by any other person whom premises, leaving them In a damaged she authorized by parole, for her. JohD!ItoWJl Attol'Jley Awards (lOm. pliiJnant in Action the Sum of $350 and Cds~Matter Sent to Referee After Judge Had RefuSed to 'ny Caa&-Bri!Acll Jn CoveniQlt&. Feferee Fred Linus Carroll has handed down his decision in the case . of Mary Bannister ot Johnstown • against the West End Brewing Com- >pany. The ljOObion was brou,g1ht ~rs. !aannister to recover !or a brea.Ch In certa.m covenants regard- .Jug Jll'Dpet'ty on West Millin street. · 'rhe iooltter was 'brought ;up for trlaJ, but for ,;ppecl~l ro!lllons tJhe judge re- tu:;ed to try <f:jhe oase an.d BGIIit It to a referee. Mr. ea.rn-oil wa.s sst tJhet til me condition- I have considered the defendant's The plalntll'! contenaa tbat the de- tnrther contention that an matters In dlft'erence between the parties were 1 settled by them p~evlous to the com- I mencement of the action, and am of the opinion that I would not be war- ranted, under the testimony pre- , sented, in finding that such a settle- ment 'was made. fendant is responsible to her under the covenants in said lease above quoted tor the amount of the ex- penditures wl!ich she was obliged to make In order to restore those prem- Ises to the condition of repair con- tempiated In the making of said cov- enants, and she presents the evi- dence or her husband, who looked after her property for her and su- perintended the making of the re- pairs, as well as that of the several persons employed by. her for that . who gave In detail the re- pairs which were made anq the cost thereof, Under the testl!llony presented We, therefore, come to the ques- tion of damages. The Court of Appeals seems to have laid down clearly the rule that where the action is brought tor the breach of a covenant to keep in re- pair, aftel\ the expiration of the term of the lease, the measure of the dam- ages is the cost of pu'tting the prem- ises Into repair (191 N. Y., 81, 83) .. · ,~~~~~!!!!!!!!~~~~;;;:;;:::=!!~!] a.l)polnted to the of!ice. Since toot . ~e severai !heal'lngs have boon held, there can. be no question that the premises when surrendered were de- cidedly' not in the condition contem- plated by the parties when making the original lease. But the defend- ant contends that it ls not liable It Is a difficult matter to deter- mine the amount of damages which l!hould be. awarded in this action, keeping In mind at the same time the right of the plaintil't to have her premises surrendered to her In prop- er condt!on, and: the right of the de- Mld a·bout two months ago the briefs . submitted to referee. Tuesday JIJ~UIIl , II!oril.4lg Mir. Oarroll gtave his opixiion ~fi :tale ~ 'In favor o! the pla.intJ!tt :for $3 50 •and t.he coats of tll;e aQtiOI1. Smith & Moyer acted as attomeys tor tlb.e J?l:llllnltilr llJld Henry F. & under the covenant to .repair, and !endant to insist that it be not com- Jtases its contention upon the phrase- pelled to make improvements to the StiOO .• OUIVI J-ames~ 01! Utlc~~o tar the oetend- .:>logy of the covenant. This cove• property or to put It In better condl- nal1lt was \to keep said premises in t!on than was 1nttmded by the parties repair as -long as second party oc- &lilt. . In a covenant to repair. cup!es· said premises.\ . After a careful examination of the The Opinion. The defendant argues that that testimony, 1 h. ave decided that an · Follow-ing 1!1 the opinion ol the covenant meant as long as Newman reoteree as Aled: himself OQcupled those premises. I · . Supreme Court,. Fulton county: do not thing that thle Is a reason- Mary Ba*nlster, pla!ntllr, against ab]e Interpretation of the covenant West End Brewing Company, de- In th!l light of the as~gnment, the :fend~nt. : extensiop, and the conduct of the ir~:J:; Jlllilres:us~ .Smith & Moyer, Attorneys •·n~.,,,.,. thereunder. ~ 1 ~~=-~r~j~~~~i~·; tor piaintur. The assilinment contained tb.e ex- . .llll•eSEirs. Henry F, and James Coupe, press provhlion that t)le defendant Attorneys for defendant. was \to assume and carry out all Fred. Llnua Carroll, referee: tb:e covenants and c9nd!tlons in said This action Is· brought to recover , lease by me (Newman:) to be per- i:U;amag<as for a breach of certtln cov- from this time on\; and the notice of election to extend given by the defendant to the plaintil't con- tains the stateme-g,t that the exten- award of three hundred and fifty dollara to the plaintiff would not be excessive or unreasonable. I therefore find that the plain tiff ~~~ entitled to recover of the defend- ant the sum of three hundred and fifty dollars ($350) for b.er damages, including water rents paid by her; together With her costs and dlsburae- ments In this action, and direct that judgment be entered accordingly. Dated, September 14th, 1909. \ NORTHVILLE. sl:on is to be \according to t-erms Mr. and Mrs. Homer Hodder re- and conditions of ~ease dated May turned to their home in Gloversville 20th, 1902\ (the New~an lease). Sunday, after a two weeks' visit at' On the 26th day of May, 1902, the it would seem to. be perfectly Lake Pleasant and in this village. plaintiff leased to Chri&topher New- clear that by the assignment and ex- Miss Gertrude Paine spent Sunday :inan, .by an instrument in writing tensi'on the defendant intended to with Miss Frances Michaels in Am- · under seal, her three story and did put itself In the place and sterd·am. store blllldlng and premises i!jtead ot the original les~ee New- Mahlon Robinson of Edinburg was , on the north side of , West Main man. In this village on Saturday. street in the city o!' Johnsto:w,n, N. Y., To hold that the covenant to re- Miss Edith Clare Tenent spent as No. 121 West Main street pair was limited to the personal oc- Saturday and Sunday with her par· ents in Gloversville. Havemeyer's & Elder· Granulated sug:_.i· A fine granulated sugar, put up in twq \'pound Pa!>te- board boxes. This se~led package insures ~anitary cleanliness. No waste or dirt, weight and purity guaranteed. A supelior article for every day table use as a S!l,tiC~ It makes~ delicious filling and icing, for layer and loaf,CI~kes.-. .Also very delicious with bread and ,butter, hot cakes or bis- cuits. Put up in pails. 2'5-cen:ls Dutch Ba~d \So.~p Made from th~ same Volcanic Mineral that is used in , Old Dutch Cleanse!:' and pure vegetable oil.. It is a great soap for mechauics. printers, and peop~ .generally ·whose hands are likely to show stains from their d~ily occupaticm. It is perfectly harmle!!s to the most delicate skin. 10c ·a·-Cake •• ' ~ < ' • BROOKLYN MAR:KfT, 1 SPONN:DBLt, lR • ' • 40-42-44-46-48 West State Street . . .Johnstown, N. Y. lABGf'::'RfD PfPPfns· in sa.id city, \tor the business of a cupany ot the premises by Newman sa.Ioon and reta!lljquor buslnesN\ to'r and ceased to have any force or ef- 11> tertn P! two years, commencing !teet when the premises were occu- May l,st, 1902. pied by his sub-tenant or his asslg- Said lease contained,, among oth- nee, would be a forced constructi~n The Northville high school wlll be closed this week on account of the 1!•••==·=···=··=•:=•··········-··~··· .. ·:~:iiii members of the faculty being in at- tendance at the teachers' Institute LARGf·.~·GBffN . ~ .pfpffRS .. 'RIPf I lOMAlO.fS fANCY· CRAWfORD PfACfltS I PURE SPICES ·. RiptDn>-Bros. · er thinga, the following covenants up- which was clearly not in the minds on the part of the Ie~see: of the parties and would. work ma.nl- (1) \To quit and surrender the fest injustice; nor <mn the defend- premises at the expiration of said ·ant's contention that the words \from being held at Broadalbin. During Saturday forenoon, Hare drove up In front of tile fac- tory of Ray Hubbell & Company, and term In Bll good state and conditi(ln this time .:>n\ In tile. assignment re- after Mrs. Hare had gone into i;be as they were in at the commencement lated to the covenants which said factory it was apparent tile fties were · or the term, reasonable us~ ·and wear Newman was to perform fr<>m that very annoying to the horse, and as· theteof and damages by the elements.: time on, be sustained.· T!J,ose. words. Mr. Hare was about to throw a blan- · · excepted.\ clearly meant that the defendant ket on the animal it became frighten- (2) \The party of the second part was from the time of the assignment ed and started to run toward Bridge Is at his own expense to make all to assume and carry out all the street. He was successful In getting necessary repairs preparatory to covenants and conditions in the hold of one of the lines and throw- taking possession of sald premises, · lease which were to be performed !ng his other arm over the forward and is to keep safd premises in re. by Newman. axle he pluckily held on until after. pair as long as second party occupies For more than tour years the de. passing Bridge street, where, after aaid premises, all such repairs to be- fendant occupied said premises and one of the wheels struck the tree at cQme a:nd remain a part of said paid the rent in accordance with the corner, he stopped the runaway. b!lllding and premises and b!llong to the terms of the lease, and from No particular damage was done, ex- first party.\ · time to tlme by Its sub-tenants or cept that Mr. Hare was completely The lease also contained the fol- selling agents made repairs in and covered with mud, having been drag- lowing provision: \'rhat said· sec· to the premises-the defendant itself ged the entire distance, ond party shall have the right at his providing t:he painting, etc., of sald Mr. and Mrs. Isaac E. Bowman Option to extend this lease for the premises during said term; nor did and Mr. and Mrs. William L. Kested additional period of three years aft- it at any time during this period call spent Sunday in Saratoga making the er the expiration of the two years upon the plalntltr to make any repairs trip by automobile. stated above upon giv!n flrst party or to paint or otherwise renovate Mrs. W. S. Ballou of Provlqence, or her legal representatives 60 days the premises. R. I., is visiting at the home of her written notice prior to the termina- Moreover, the defendant appears cousins, Mr. and Mrs. C. A. Corey, on tion of ea!d two years period.\ to have paid without question all First street. Thereafter and on che 5th day of water rents assessed against said Mr. and Mrs. J. W. Olmstead re- February, 1903, after a conference premises under a covenant In said turned Sunday night from a trip to between tthe representative or the lease containing similar phraseology pla.lntitr, the lessee Newman, and the. as to occupancy, except the last In- representative of the defendant, by stallment. a.n in111trument In writing under seal, It further appears that these pram- which stated that the assignment ises were first rented for saloon pur- Herkimer. Mr. and Mrs. John Morrison and family spent Sunday with friends in Mayfield. Ray Hubbell returned Saturday from a two weeks absence, spent at Asbury Park and New York. Frank Elfiott returned Friday night from Long Lake, where be has was subject to the consent of the poses to L. c. Smith & Co. by a plafntitr and that the defendant was lease put in evidence, and that that \to assume and carry out all the concern was the Immediate Prede- covenants and conditions In said cessor of said Newman. It is help- lease bY me (Newman) to be per- ful to notice that this lease contal~s been spending some time on bust- formed· from this time on,\ said the same covenants in regard to the lease was assigned })y said Newman use and repair of the premise\ as to the defendant. were eontained in the Newman lease. On the same day the plaintiff ·ex- It is therefore fair to assume that ecuted In writing, under seal, a con- the plaln.titr recognized and provided sent to the transfer of said lease from for the fact that tile leasing of ·Said said Newman to the plaintiff, and by premises for a saloon and reta11 li- the consent caused to be Inserted in quor business would probably result the lease an additional provision re- in greater damage thereto than the lating to the termination of the occupancy for other business pur- assignee upon the arising of a ~er- poses, and that she Intended to pro- tain contingency. vide for the premises being kept up Said lease also contained a spe- at the expense of the occupant, and .clfic covenant that the lessee should surrendered to her In such condition pay all water rents leviled or as- as would make thf>m rentable to oth- sessed against said pl'<'mls!'s dU!'- er persons. Thf' evidence pres<>nte\1 ing his occupancy thtH·eundet·. shows the w!Hdom of he•· torP- 'fhe defendant Immediately aft<>r thought. the as~lgnment enterl'd iuto tbl' I do not think that th,. qnestlon of poss,.sslon of said l11'1'mlses und .. r tixtnrPs antl title to rertain artlr!Ps said lease. and paid the rent t!ber••- tliHIPr rhattt•l mortgages and hills of for to the plaintiff. sal<• put in evid .. nee merits seriouH On the 11th day of February, considPration. undPr the evidence 19Q·t; the defendant by a written no- Rnrl the ·'provision In both the L. C. ·t!Ce addressed to hell, notified the olllitb &. Co. !eaSEl aM the N~wman ness~ Mr. and 1\lrs. David Sandner and daughter spent Sunday in Glovers- ville. Harry D. Lawton, who for many years has been a familiar figure and an obliging clerk at the Hard Pan store. severed his connection with that place of business on Saturday and Sunday night left for Glovers- ville, where he entered upon his new duties at the wholesale establish- ment of :!<'Oster & Gregory. Walter Wt>aver was a Sunday vis- itor in Gloversville. At high noon on Saturday at the resldf'IH'e of Rev. Gf'oJ·,e;e K. J•'rasPr, pa~tor or the Pn'Bbtyt>rlan rhurch, took place the marriage of Bd ward Lair to :\liH::-1 Ji;vn i\1. King Uut h qt\ this vlllagt>. At Mount Ho11r, ;\;. J .. a ~ln~I<er meeting .hmu;e buil~ in 17 n w;~s de- stroyc:>d •by fire. NO ROOM OB REASON FQB A LONG lNTRODUd.riON-BE~, • ARE TRE VITAL FACTS Every Article mention·ed here Is new, fresh Fall Merchandise. Every style sho;1wn ie a new one for tills Fall's wearing, A NEW .llUTUMN Sl!IT AT $13.'73 That other stores ·are ad vertislng as a. bargain at $19,76. These Suit& are made of fine quality g.oods tn black, navy, catawba, smoke and green. The style Is a -new one. It will surely be exceed- ingly popular. The Coat fg (2 inches long. a splendid plain taU- ored, semi-fitting model, lined with guaranteed satin. The Skirt Is in the 'smart pleated effect that will be so :inuch in vogue this Autumn. All sizes. This Suit ls a remarkable value. Why pay $19.75 when you can get the style and quality at Harrison's for •••..•.••.•.•••..•••.••. $15.75 SUPBERB SJIOWING OF LADIES' AND MISSES' FAliL AND WINTER COATS Girl's '10.00 Coat marked at $6.75. Made of woolen mixture in striped brown and green. Baelt strap and collar trimmed with green velvet. 2 but- tons on front and back, value $10.00. price $6.75 Ladles' Coat of black ltersey, collar trimmed with full braid and suttasb front, back and pock- ets trimmed with braid and buttons, a swell coat, well worth $15.75, special ...••..•.••••. $10.00 LADIES' SILK WAISTS Beautiful display of Satin and Messaline crea- tions at lowest prices. Ladles Waist of Taffeta, front. beautifully trim- med with tucks, back tucked, open back ln black and white, value $3.98 at ................ $2.25 Ladies' Waist of fine Nun's Veiling, entire trout elegantly embroidered and tucked~ value $3.50, at ................................... $2.25 Mesealine Waist, entire yoke of lace and tucks. Lace sleeves, trimmed with tucks. An exquisitl' Waist, worth fully $6.98, at • , • , .•• , , , .•• ,ljj4.9S $1.50 BROADCLOTH AT D8c Yard 54 inches wide in black,' red. tan and blue. Its high lustre, and fine silky face easily stamps it as worth $1.50, special . . . . ; ............. 9Sc LADIES' A.i~D 1\JEN'S SWEATERS Ladles' Sweaters of all wool, bpautlfnlly made in handsome designs, all colors, value $3.00 at $1.08 The bPSt Men's Sweater on the market of wool coat style, finely made, and sells everywhere at $2.0·0, our price ....................... $1.2:> HEAVY TAPESTRY COT:'C'H con;ns 60 inch rPVI'rBible in Turkish anrl Persian d<>- signs and colorings, on salP at ~ ........•... ';';';c 'f.'\PgH'l'H.Y POR'J'IERES Holld rolor~ in armnrl\. l'<'V!'I'~iiJlt> in ehoicP 11had<>~. some with applique bordt•rs. v•tl\\ ~~.:.n a paiv, ~alto\ lll\ir~ •.•.•.••••••••• ·.: ••• . $1.:i0 lH.t.ia~ A. CHILDREN'S FL.'1NNEL At prices much lower than you w(nild at this season of the year. . Flannel Rompers, in blue and white, pink· white and green and white, trimmed 'with braid, value 39c, at ............ - .. , ...• Children's Flannel Dresses, in three dilrfetreil.li ored checlrs. entirely plaited yoke and broidered Hamburg, value 50c, &t , •••.. DIANA IEVri' lL'i'OERWEAR FOR WK'\.T'tlER You would he sur]Wised at the uu•.wuta who wear light weight Balbriggan the year around. Tht>rl' is a sound hygiEl1ll•d.re: back ot' this growing practice. Diana. the l><'Ht of Balbriggan, find th<;,)Jl:sel·ve~ liaul\ to winto>r cold,; and klndmd m:ua,au~s, .. ,·~ ciall;.· men, who are indoorH and outdoors, during th<> day. 'rllf' shil't,; are full madt>, with French uands. Th<· drawers han' double seats, per· tuent . . . . ....... .
