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    1. [NYGENESE] Genesee co., Feb 25-1891
    2. Linda/Don
    3. Daily News Batavia, Genesee County, New York State February 25-1891 The Heintz-Kidder Suit. A decision has been rendered by judge CORLETT in the action of John HEINTZ against Oel S. KIDDER, which was instituted in January, 1888. The suit grew out of the Tonawanda Valley Salt Mining and Manufacturing Company of Alexander, organized and incorporated June 8, 1886, and was for the recovery of $80.33, the balance due on an order of $165 given by Thomas MITCHELL to Mr. HEINTZ. The plaintiff sued on the ground that the company failed to file a Trustees' report as required by law. Mr. KIDDER was President of the company and Mr. HEINTZ at one time was Vice-President. In his decision dismissing the complaint on the merits, with costs, Judge CORLETT says: "In this case both plaintiff and defendant were at one time officers of the corporation. Each was equally familiar with its status and outcome. When the time for making the report arrived there was nothing to report. Its property was all gone. It had long been utterly insolvent and had ceased doing business. Under those circumstances a report would have been entirely useless and the law is not chargeable with requiring the performance of a worthless act." Arthur E. CLARK conducted the case for the plaintiff and Myron H. PECK, Jr. for the defendant. * Arrested for Sending Valentines. Newburg, N.Y.-Mrs. Jane EBERLE, a a resident of Lake street, was fined yesterday morning for sending comic valentines with improper comments thereon through the mails. Mrs. Mary E. BROOKS was the complainant. Mrs. EBERLE, in self-defence, claimed that Mrs. BROOKS first sent them to her, and that she returned them with her compliments, which were expressed in language too forcible to publish. Mrs. BROOKS denied that she sent them first. The case is to be followed by a civil suit. Mrs. EBERLE may also be prosecuted for sending obscene literature through the United States mails. * Pavilion's Company Incorporated. Albany, N.Y. - The Pavilion Salt and Mining Company, whose operations are to be carried on at Pavilion, Genesee county, was incorporated yesterday afternoon, with the Secretary of State, to mine and manufacture salt and purchase and lease lands necessary thereto. The capital stock is to be $4,000, divided into shares of $25 each and the trustees are: James W. DOW, Rufus HUTCHINSON, Jasper STARR, Sylvester CARR, Patrick QUINLAN, Fred CHILSON, Abram REESE, E.R. CHRISTMAN and John Q.D. PAGE, all of Pavilion. * submitted by Linda Schmidt *********************************************

    05/02/2003 01:21:07