Tuesday, February 3, 2015


The Cortland Democrat, Friday, April 9, 1889.

   The Second Division of the Court of Appeals handed down a decision on Tuesday in the case of the Town of Solon, appellant, against the Williamsburgh Savings Bank, respondents. In 1871 or 1872 the town of Solon issued bonds to the amount of $44,000 or thereabouts, in aid of the Utica, Chenango & Cortland railroad. Several of the bonds came into the hands of the Williamsburgh Savings Bank. The town paid the interest on all of its bonds so issued semi-annually until the March payment of 1876, which they declined to pay.
   The town claimed that the bonds were not issued according to law in that the requisite number of taxpayers representing the requisite amount of taxable property in the town had not signed the petition to bond the town and also that the bonds were not signed and sealed as the law directs.
   In order to test the questions at issue, the town brought an action against the bank in the Supreme Court five or six years ago, and asked the court to hold that the bonds were void and direct that the same be cancelled and destroyed. The defendants claimed that they were innocent purchasers and as such should be protected and they also set up in their answer, that the signing and sealing of the bonds was sufficient.
   There was no seal on the bonds, but in the place where the seal should have been were the printed letters "L. S." and only two of the three commissioners signed the bonds. The defendants insisted that this was a sufficient signing and sealing.
   The case was tried at Special Term before the late Hon. William Murray, who held that the bonds were illegally issued. The defendant appealed to the General Term and the case was sent back for a new trial. It was again tried at Special Term before the Hon. H. Boardman Smith, who found that the bonds were legal and accordingly ordered judgment in favor of the Bank against the town. From this judgment the town appealed to the General Term where the judgment was affirmed. The town then appealed to the Court of Appeals, which Court also affirms the judgment of the lower Courts.
   We understand that the court only decided that the town was not entitled to have the bonds canceled on the ground that the town had a remedy at law. The decision does not decide that the bonds were legally issued and a defense at law can be interposed.
   Bouton & Champlin and Hon. J. McGuire appeared for the town of Solon, and the late Isaac S. Newton of Norwich, for the Bank.
   The case of the Town of Taylor against Elisha Brown was also decided at the same time in favor of the defendant. Almost precisely the same questions were involved and were decided in this case. Duell & Benedict appeared for the town and I. S. Newton for the defendant.
   Some weeks since, Miss Mary Haight of East Homer caused the arrest of Henry Hull of Homer, on the charge of being the father of her unborn child. The complainant was employed in the family of the defendant's parents on a farm west of Homer village, from March, '88, until the following September. On complaint of Miss Haight the defendant, Hull, was brought before Justices Bouton and Squires, on Jan. 22d, and at Hull's request, who was then engaged to marry a Miss Leland, of Homer, the examination was adjourned until March 1st.
   In the meantime Hull was married, and the case between that date and April 6th has had seven days' hearing. On April 6th the evidence was closed and argument of counsel had. Adjournment was then made to April 18th, to allow the Justices to examine the evidence and decide the case. Failing to agree, an order was made to dismiss the proceedings. Hon. A. P. Smith was counsel for the complainant, and attorneys J. E. Eggleston, of Cortland, and F. Pierce of Homer, for defendant.

   Both Trout Ponds are being put in readiness for an early opening.
[The Trout Ponds included a pavilion and two bridges, and were located between East Avenue and Owen Avenue on 1894 map--CC editor.]
   The Newton Brothers of Homer are building an addition to their woolen mill.
   Wickwire Bros. are laying out a half-mile trotting track on their farm east of this place.
   The bill to extend the corporation limits of the village of Homer passed the Assembly last Tuesday.
   Wallace Brothers are laying a new floor in the Brunswick hotel, and are also making other improvements about the premises.
   Mr. Frank Bates has rented his house next door north of the Court House, on Church street, to parties who are changing the same over into an hotel, which will be opened to the public in a few days.
   The Health Board publish a notice in another column directing citizens to clean up all cess pools and alley-ways. Citizens will do well to take heed, as the board of health are possessed of almost unlimited powers.
   G. F. Beaudry's new "Puffer" soda fountain has been placed in position and attracts considerable attention. The style is known as the "Perry" box, with ["cor-cool"] top. It combines all the latest improvements in cooling powers, has twenty glass syrup jars, two soda draughts, and four mineral draughts.
   A horse which was being driven by Dan Smith of this village, ran away last Monday evening, throwing Smith out on the pavement as he turned the corner of Court and Main streets. The horse ran on down Main street and turned the corner of Port Watson. Portions of the wagon were left on the way. Fortunately, Smith received only few bruises.
   Mr. Julius Whiting has leased the Arnold House on Court street, and will take possession May 1st next. Mr. Hodge, the present proprietor, we understand, intends to move west. Mr. Whiting has had many years' experience as a hotel keeper, and will undoubtedly keep an excellent house, as he has the reputation of being a model landlord. We are sorry to lose Mr. Hodge, as he has kept an excellent house, and has many friends here, and was very popular with the traveling public.
   L. D. C. Hopkins & Son [farm and greenhouses on north side of Groton Avenue, near N. Atkins Ave.—CC editor] are supplying this market with crisp and exceedingly tender lettuce.
   Mr. C. A. Rowe has been appointed post master at Virgil. This is no change politically, as the present incumbent, E. Winslow, is a republican.
   Old hats put into latest styles and new ones at low prices, afforded by the only milliner in the city, who pays no rents. Mrs. Carpenter, 23 North Main street.
   On any of these fine mornings a prominent bank official may be seen practicing on his new bicycle. It is understood that he intends to compete for a prize at the first tournament held in this vicinity.
   John C. Sager, Esq., who has had charge of the Hitchcock Manufacturing Company's foundry in this place for some years past, has about completed arrangements to open a new lumber yard near the E. C. & N. railway tracks.
   Henry Steinway, the celebrated piano man of New York, looked over stock in this locality, and in company with F. N. Harrington went to Little Falls, where he purchased a fine brown mare of C. B. Stanton. The price paid was $800.00.
   F. N. Harrington's latest purchase in the line of horse flesh comes from Topeka, Kansas. It is the little chestnut pacer "Cronk," sired by "Smuggler," and damed by "Coit Davis." Mr. Harrington recently obtained a fine bay gelding from O. F. Soules, of Syracuse, in exchange for a chestnut mare.
   An elegant new soda fountain now stands in the drug store of Brown & Maybury. It was built to order at the Tuft works in Boston. It is called the Colonial Fountain, of the Siberian pattern, and cost $1,075. It is a beauty, and is supposed to be able to dispense cold soda for a longer time than any previous make.
   Mr. Mahan's engagements up to the present time, for the coming Music Festival, to be held May 27th to 31st, are Mrs. Ella Earle Toedt, of New York, soprano; Mr. Theodore F. Toedt, tenor; the celebrated Riccas Venetian Mandolin Quintette, of New York; Mrs. Martha Dana Shepard, pianiste: Dr. H. R. Palmer, conductor.

   Maple sugar has been selling for seven cents by the quantity.
   The grounds chosen for the erection of our new town hall seems to give general satisfaction to the community and the president and trustees can congratulate themselves on their wisdom.
   Mr. O. J. Goff, lecturer for the Grand Lodge of Good Templars of New York, will deliver an address at the M. E. church on Friday and Saturday evenings of this week, on the subject of "Protection of the home against the saloon influence.'' A collection will be taken at the close of each lecture for the Grand Lodge treasury.
   Mrs. Geo. Chaplin is quite ill at her residence on Water street.
   James H. Tripp has been confined to his residence on Bradford street, the past week, on account of illness.
   D. D. Hunt is on the sick list, and does not seem to improve much.

   D. B. Kautz and wife, of Brooklyn, were at the Raymond House, last Saturday. He is proprietor of the milk depots at this place and Homer. He was much pleased with the successful management of A. B. Raymond, and will at once have an engine and other fixtures put in to assist in caring for the milk. They are now shipping 40 ten-gallon cans daily.
   Mrs. Eastman will give an opening dance at Willowdale on Friday evening, April 26th. They are making some much needed alterations, which will facilitate the dining department, and otherwise relieve the rough, barn-like appearance of the hall.
   "Abraham" flatly refuses to take the post-office or even to sign a petition for another to have it. Thus, for the present, it will remain where it is.
   D. T. Bowdish has traded the "Gillett pony" for a small horse. He expects to go on the road next week.
   Eggs, as well as potatoes, are [priced] very low, and both need more protection.
   Caldwell Clark is reshingling a part of his house, J. Taylor doing the work.
   One of our devout farmers thanked the Lord that "the land was flowing with milk and (h) money."
   ULI SLICK. [pen name]

   MADISON.— Wild ducks and geese are plenty at Oneida lake.
   Samuel Higgins of Cazenovia has purchased an Ithaca well drill weighing 2 1/2 tons.
   M. B. Robbins has sold the Canastota Herald to S. B. Salisbury, lately of the Syracuse Standard.
   Mrs. Emma C. Bellinger of Oneida has been granted an absolute divorce from her husband, Zenas Bellinger.
   C. E. Remick was elected President of Oneida by 387 majority over a Republican competitor in a very uncertain village.
   Leon Masters and wife of Sherburne were stupefied by coal gas the either night, but were resuscitated with considerable difficulty.
   Ground was broken for the new Madison University library building at Hamilton, Tuesday. It will be built of Warsaw blue stone and brown stone, in the Romanesque style, three stories high, 128x82 feet, and cost $100,000.
   TOMPKINS.—W. A. Locke has his hotel in McLean well under way.
   The new exhibition hall to be erected on the county fair grounds will cost about $2,000.
   Morris Francis, of McLean, has bought the Paul Layton place [near Dryden Lake—CC editor] for his son, Pattie, who will move there this spring.
   The vacant store in the Ithaca Hotel block is to be opened soon as a carriage emporium, which will be conducted by L. A. Monk, of Shortsville.
   Monday night, between 9 and 10 o'clock, the office in the Southern Central depot at Freeville was discovered to be on fire. Help was near by, and they broke the west window in, and by the aid of fire extinguishers and water, the fire was soon put out, and but little damage done.
   Last Saturday afternoon a party of boys at Ithaca were amusing themselves with a Flobert rifle. While a lad named Linderman was loading the weapon it was accidentally discharged and the ball entered the back of Abram Brown, a lad of about 14 years, who was standing by. The bullet struck the vertebrae and destroyed the power of motion and feeling in both legs. He was taken to the home of his father, Albert Brown, who resides at 158 West Seneca street.

   Utica, Chenango and Cortland Railroad: “The Utica, Chenango and Cortland Railroad was incorporated April 9, 1870, with a capital of $800,000 and extends from the terminus of the Ithaca and Cortland Railroad at Cortland to Otselic, about thirty-two miles, and formed a link of the Auburn branch of the Midland between those points.” History of Chenango and Madison Counties by James H. Smith (1880).
   Annual Report of State Engineer and Surveyor of Railroad Statistics of the State of New York (1877):

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