The Horry herald. (Conway, S.C.) 1886-1923, July 12, 1923, Page Page No. 6, Image 6

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

T*gt No. 6 SCHERR LOSES FELDMAN CASE The case of N. Feldman & Co., against Solomon Scherr was tried in the court of Common Pleas last Monday, resulting in a verdict for the plaintiff in the sum of $765.57. The plaintiff is N. Feldman. trading under the name and st> le N Feldman & Co. Ha is the manufacturer <>f 4,Feld Brand" clothing for Mien and boys. His house has sold goods of this make throughout the country. The suit was brought on an account showing that from July 2-1 th, J:41 > until March 2;). h)20 N". Feldman & Co., jscld Scherr:a total of $1l,(j4l.'O worth of clothing; that he puid on this as per the list of credits served with the account, and together with some returned goods, a total sum of $10,590.G0; and the balance due on the account was alleged in the complaint and nit /\tim /vii f It /v Wni\Mf;A/l f t\> /m% i r? /v ?*? ? mivvvn un me iiciiiiiicu Maicmciii s>ci v* ed with the complaint as the sum of $1,050.90. Solomon Scherr had filed his answer to the complaint alleging that he did not owe the amount claimed to be due in the complaint. He alleged that the plaintiff had agreed to allow him certain discounts and that if these were allowed he would sonly owe the plaintiff the sum of $445.8G. Solomon was first known in this section of the country as a wagon pedler of goods of various kinds. He travelled from place to place with a wagon load of goods and as his stock was sold out he would return to Conway, or Tabor, N. C., whichever place he had his headquarters and there he would load up again. In the course of time he ran two stores. One of these was located at Conway while the other was located at Tabor, N. C. He was running these stores at the two places when he contracted this account with N. Feldman & Co. The first proof on the part of the plaintiff was the books of original entry, and the testimony of Miss M. L. Tipton, the bookkeeper. She read the various invoices of goods from the journals until the defendant's attorneys announced that they were satisfied as to the accuracy of the accounts. Miss Tipton testified that she had been with the house for about fifteen years. She made a good witness. Her testimony was clear and convincing: and it showed that she knows her business as an expert bookkeeper. She was able to make rapid calculations and there was a ready answer to every question that smart lawyers could devise in their efforts to throw doubt upon the issue. N. Feldman testified that he had made the sales to Scherr upon the terms of 2 per cent discount for pay in ten days, or sixty days net He denied that he had offered or ever promised any greater discount than this. He testified that after the account had been made and this balance now claimed was due. that Scherr called at the office in Baltimore and wanted a discount of five per cent from the amount claimed. This he refused to do, and that when Scherr called again in a few days, and had not yet offered to pay what he owed, he offered to take the sum of $765.57 as payment in .full, i 11 order to ."void the bringing of a suit. He said that Scherr then said "he would be back again, but he had never been back. In a few days, after Feldman had written the defendant a letter and stated the offer in writing to take the amount above mentioned, be had received a check through the mail from Scherr to the amount of $445.86, i?rid this he returned with a letter which was offered in evidence by Scherr at the trial in which it was stated that the sum due was the larger amount and that he would not accept the check for this smaller amount. There was another letter mentioned in this which the -defendant did not produce. Scherr testified in his own behalf that Feldman had treated him like a brother and had extended him more credit than he was entitled to, but that Feldman had promised to give him five per cent discount; that he had said that he could not let this appear on the books or the invoices, but when the time for final settlement should come he should have the five per cent. He said that he bought many goods in the course of time as shown on the statement of account and that finally he had purchased about five thousand dollars worth from another house. This he claimed had not been liked by N. Feldman & Co., and that Mr. Feldman had then said that he would ruin tiis credit and he would break him up; that he, Scherr, had kept no books ahowinpr his accounts with Feldman, but that he had only kept the bills or invoices and he failed to explain just how he had fifrured this account to make the $445.the amount of the check which he had made out and sent to N. Feldman & Co.. and .which the latter repeatedly refused to accept. There was no other witness for the defendant, except the defendant Himself. . ' o Notice of Election COMMISSIONERS OFFICE STATE OF SOUTH CAROLINA COUNTY OF HORRY Upon the written request of the Horry County Delegation to the General Assembly, filed in this office on June 5, 1923, that this County Board of Commissioners, submit to the qualified electors of Simpson Creek, and Little River Townships of this County, the question of the place for the location of a bridpre across Waccamaw Biver in said County, and that this Eoard make all arrangements necessary for the holding of such election. The County Board of Commissioner* of Horry County, South Carolina, do hereby direct that an election be Jkeld at the several polls in Horry ' J 1 County, located in Simpson Creek and Little River Townships, to-wit: Daisy, Ebenezer Farmer, Grahams Cross Roads, Hammond, Little River, Loris and Wampee, on Tuesday the '11th day of September 1923, for the purpose of voting: on the question of the location of a bridge across Waccamaw River; and that said election shall be held under the following arrangements and regulations: 1. The managers conducting the State Election for 1922, shall conduct the said election at the several precincts in Simpson Creek and Little River Townships above named. 2. All registered electors residing in Simpson Creek and Little River Townships, shall be permitted to vote in this election. Such electors, registered at Polls in Conway, Bayboro, or Green Sea Townships, shall vote at Hammond, Daisy or Loris upon satisfactory proof of qualification to vote and residence in Simpson Creek Township; and such electors registered in Dogwood Neck Township shall vote at Wampee, upon satisfactory proof of qualification and residence in Little River Township. 3. The chairman of the managers at each of the several polling places holding this election shall obtain from the Board of Registration or the County Commissioners one registration book for this poll. The Hammond Poll shall also obtain the registration book of voters at Shell; Daisy Poll a registration book for Gurley and White Oak; and the Loris Poll a registration book for Sanford; or such other arrangements made by managers of the polls as will ensure to all electors, residing in the two townships holding the election an opportunity to cast a legal ballot. 4. The manager for each poll will call on the County Board of Com missioners ior one oanot oox and ballots; the polls will he open at 7 o'clock and close at 4 o'clock; the managers and clerks will take the oath of office provided for by law; the clerk of the poll will keep a list of all persons voting-; each voter will be sworn as provided for general elections; the presentation of a registration certificate shall be required by the managers, but tax receipts are not required. Each Board of managers will return to the County Commissioners J its written and verified report of the result of the election, the oaths of office, the poll list, the box and ballots. Notice of this election, and the arrangements therefor will be published in a newspaper, circulating within the two townships. BY ORDER OF THE COUNTY BOARD OF COMMISSIONERS this 5th day of June. 1923. C. F. DuBOSE, Chairman. GEO. OFFICER, Clerk. Managers of Election. Daisy?L. V. Todd, Leroy Prince, B. G. Gilmore. Ebenezer?W. Stokes Hardy, W. P. Bujtler, Walter P. Gore. hVr'^e'*?T?. C. Butler, G. E. Marlow, R. F. Marlow. Grahams Cross Roads?Russel Graham, S. P. Hughes, F. M. Johnson. Hammond?J. M. Cox, Buck Housand, W. S. Hewitt. Little River?John E. Vereen, C. P. McCorsley, J. W. Humphrey. Loris?J. J. Elliott, Geo. Bellamy, Bailey Hardwick. Wampee?L. P. Hardvrick, Ben E. Boll. W. L. Bellamy. 7|5j23-3t. o Statement of (he Condition of The TONWAY SAVINGS BANK Located at Conway, S. C., at the close of business June 30, 1923. RESOURCES Loans annd Discounts $292,696.76 Bonds and stocks owned by the bank 5,900.00 Other real estate owned .... 9,329.07 Due from banks and bankers 1.905.37 Total 309,831.20 LIABILITIES Capital stock paid in $ 10,000.00 Surplus fund 2,000.00 Undivided profits, less current expenses and taxes paid ..13,169.58 Savings deposits 273,642.47 Time certificates of deposit 4,269.15 'Cashier's Checks 277,911.02 Other liabilities, viz: Reserve for interest on deposits 6,750.0(1 Total 309,K31.20 State o'i South Carolina, County of Horry, ss. Before me came A. K. Goldfinch, Cashier of the above named bank who, bring duly sworn, says thai the above and foregoing statement is a true condition of said hank, a? shown bv the hooks of said hank. A. K. GOLDFINCH. Sworn to and subscribed before me this 7th day of July, 1923. Jas. H. Long Notary Public for S. C Correct Attest: D. V. RICHAItfhSON, W. A. FREEMAN, H. L. BUCK, Directors. CLAIMS TENDER OF DEBT DUE The case of B. F. Johnson agains Trollie M. Barnhill and Cordie Barn hill on a question of tender was argu ed before the judge- last Saturday. It appeared that B. F. Johnson tool up a real estate mortgage of Trollii Barnhill and a chattel mortgage o Cordie Barnhill, buying these frori a bank. The defendants are husbam and wife. Johnson went to the home of Barn , hill and Trollie Barnhill came out 01 i the porch < and had the money in he ' hand to pay the land mortgage bu THE HORRY HERALD, Charter No. 10536 noiJ?v Report of the cc " , CONWAY NAT at Conway, in the State of South on June 30 RESOU1 Loans and discounts, including redisc< tances of other banks, and foreigi change or drafts sold 'Wfth indors< bank (except those shown in b and Total Loan Overdrafts unsecured $53.88 U. S. Government securities owned Deposited to secure circulation (U. S. 1 All other United States Government i eluding premiums, if any) Total Other bonds, stocks, securities, etc.: Banking house, $6,256.63; furniture an< 4,061.42 Lawful reserve with Federal Reserve Bj Cash in vault and amount due from nat Amount due from State banks, bankei companies in the United States << eluded in Items 8, 9, and 10) Checks on other hanks in the same cit reporting bank (other than Item 12 Total of Items 9, 10, 11, 12 and 13 Miscellaneous cash items Redemption fund with U. S. Treasurer U. S. Treasurer TOTAL LIABIL Capital stock paid in Snrnlns fimH Undivided profits....$11,619.97 Less current expenses, interest, and tax Circulating notes outstanding Amount due to Federal Reserve Bank ( Amount due to State hanks, bankers, a panies in the United States and f tries (other than included in Items Cashier's checks outstanding Total of Items 21, 22, 23, 24 and 25 Demand deposits (other than bank dep to Reserve (deposits payable withii Individual deposits subject to check Total of demand deposits (other than I subject to Reserve, Items 26, 27, 2? 31 Time deposits subject to Reserve (paya days or more notice, and postal saving Certificates of deposit (other than for rowed) Total of time deposits subject to Rese 83, 34, and 35 TOTAL STATE OF SOUTH CAROLINA. Coun I, A. K. Goldfinch, cashier of the a that the above statement is true to the Subscribed and sworn to before ma Correct-Attest: D. V. RICHARDSON, Vy. A. FREEMAN, A. E. GOLDFINCH. > Directors. Johnson refused to take pay for thi* unless the chattel mortgage due by i Charlie Barnhill was also paid. The parties disagreed over this and later Johnson brought suit to fore close his land mortgage. Trollie Barnhill, on the day of the reference left! the money due Johnson with the ref-1 ere. The money has been there ever sine#. v. Johnson says that no money was: ever offered to him at the home. He, testified to that effect at the hearing before the referee. He had taken up the papers because of sympathy and; they said they would lose the property I unless he took up the mortgage and Cor Hi o Barnhill told him that the , place was worth ten thousand dollars. 1 He denied that he went in the porch and that the money was offered to him. He also said that he had promis-1 ed to hold the papers until February as he said he would get some money about that time. He denied going up on the porch. He would not }iave re-1 fused the money if it had been offer-( ed to him. He asked Cordie Barnhill for his money several times but never got any but would have taken it if it had been offered to him. The testimony of Mrs. Trollie Barnhill was read, showing where she told that she had some of the money in her hand but did not shake the cash at him. The remainder was in the bank. She had borrowed the money from a loan association. She said she ' had the money for about two weeks before Mr. Johnson had called _at her home. It appeared that she had not claimed that the money was in the bank in her own name. She claimed 1 that the money was in the name of , her sister and she had paid money over to her sister and offtimes got it back. The referee found in this that ? there had been no legal tender. With r ';s the matter was left with Judge ' Shi pp. He would decide later. SUMMONS FOR RELIEF , Court of Common Pleas. ' STATE OF SOUTH CAROLINA, COUNTY OF IlOIur Bank of Duplin, a Corporation, Plnlnt.iff. va .T .T T\.T? VI rt it /) n I . Mvn.icil,* <11111 k/. F. McGougan, M. N. Jenkins and J. A. Bryant as Executoi s of the Last \Vill and Testament of S. 1?. Bryant, deceased, and Emma Bryant, .Albert Bryant, Nelle Bryant and Sle&ee Bryant, heirs-at-'aw and next of kin of S. D. Bryant, deceased, and J. A. Lewis, Sheriff of Horry County, DeI fendants. To the Defendants above named: YOU ARE HEREBY SUMMONED and.required to answer the complaint in this action, of which a copy is here with served upon you, and to serve i copy of your answer to the said comP Habitual Constipation Cured ' In U wO 21 Days ] "LAX-FOS WITH PEPSIN" is a specially. 1 prepared Syrup Tonic-Laxative for Habitual Constipation. It relieves promptly but " should be taken regularly for 14 to 21 days ft to induce regular action. It Stimulates and r Regulates. Very Pleasant to Take 60c t iw bottle. OONWAY, S. 0, JULY 12, 19 >1 t Reserve District No. 6 ndition of th4' IONAL BANK Carolina, at the close of business th, 1923. ICES )unts, acceprj bills of exement of this c) $123,005.25 123,055.25 58.88 Bonds par value) 50,000.00 >ecurities (in114,710.93 164,710.93 2,800.00 1 fixtures 10,318.05 ank 9,939.53 ;ii * lonai oanKs 28,498.67 rs, and trust 3ther than in191.30 :y or town as !) 2,088.00 $30,777.97 73.98 . 73.98 and due from 2,500.00 344,179.59 1T1ES * 50,000.00 10,000.00 :es paid 4,872.94 6,747.03 49,000.00 deferred credits) 3,770.0(5 nd trust comoreign coun21 or 22) 3,611.25 151.85 7,534.06 osits) subject i 30 days): 173,378.42 tank deposits) >, 29, 30, and 173,378.42 l?le after 30 days, ui subject to 30 s): money bor17,520.08 srve, items 32, 17,520.08 344,179.59 ty of Horry, ss: ,bove-named bank, do solemnly swear best of my knowledge and belief. A. K. GOLDFINCH. Cashier. fcthis 7th day of July, 1923. J AS. H. LONG, Notary Pub lic. plaint on the subscriber or subscribers at his or their office at Conway, S. C., within twenty days after the service hereof; exclusive of the day of such service; and if you fail to answer the complaint within the time aforesaid, the plaintiff in this action will apply to the Court for the relief demanded in the complaint. Dated at Conway, S. C., June 21st A. D. 1923. sherwood & McMillan, Plaintiff's Attorneys ATTEST: W. L. BRYAN (Seal) C. C .C. P. To ^he Absent defendants: J. H. Newberry, D. F. McGougan, M. N. Jenkins Executors of the last Will and Testament of S. D. Bryant, deceased, and Emma Bryant, Albert Bryant. Nelle Bryant and Elease Bryant: TAKE NOTICE that the complaint and summons of which the foregoing is a copy and which is hereby served on you was filed in the office of the Clerk of Court for Horry County, South Carolina, at Conway, S. C., on June 21st, 1923. sherwood & McMillan, Plaintiff's Attorneys ATTEST: W. L. BRYAN, (Seal) C. C. C. P. ORDER On reading and filing the Affidavit of Hoyt McMillan, one of the attorneys for the plaintiff herein, it appearing that the defendants, Albert Bryant, Nelle Bryant and Eleasr Bryant are infants over the age o1 ORDERED, That J. S. Vaught Esq., Judge of Probate Court, sai<? State and County, be, and is hereby appointed Guardian Ad Litem NISI for the infant defendants, Albert Bryant, Nelle Bryant and Elease Bryant, under provision of Section 165 of the Code of Civil Procedure, 1912, unfourteen years, necessary parties tc this action, reside without this state and with their mother Emma Bryant at Tabor, N. C., and should appear by Guardian Ad Litem. Now: On motion of Sh<*rwomi & MrMilhm Plaintiff's Attorneys, less they or their mother with whorr they reside shall within twenty day? after service hereof, apply and have some proper person appointed guardian Ad ftitem in said infant's behalf Let this order and notice he served personally or by publication in The Herald, a newspaper published ii Horry County. S. C., three consecu To Stop a Cough Quick take HAYES* HEALING HONEY, a cough medicine which stops the cough bj healing the inflamed and Irritated tissue* A box of GROVES O-PEN-TRATE SALVE for Chest Colds, Head Colds and Group is enclosed with every bottle oi HAYES* HEAUNG HONEY. The salve should be rubbed on the chest and throat of children suffering from a Cold or Group* The healinl effect of Hayee* Heal in tf Hooey inside the throet combined with the heeling effect ol Grave's O-Pro-Trate Salve through the pom ol the skin soon Mope a coajh. Both remedies are pocked In ooe eertoo and tit coet of the combined treatment la 18c. >Juft ask your druggist for HAYES HEAUNG HONEY. 23 tive weeks. Conway, S. C., June 21st, 1923. W. L. BRYAN, C. C. C. P. Horrv County, S. C. k shekwood & McMillan, Plaintiff's Attorneys. o sale by clerk of court Under and by virtue of a decree of the Court of Common Pleas for Horry County, S. C., in the case of L. D. Lide, Attorney, plaintiff, 'against Archie M. Baker and others, defendants, the undersigned as Clerk of Gourt, will sell at public auction, before the Court House door at Conway, S. C., within the legal hours of sale, on the 6th day of August, 1923, "all and singular, that certain piece, parcel or tract of land situate, lying and being in Dog Bluff Township, in the County of Horry and State aforesaid, containing three hundred (300) acres, more or less, known locally as the Henry L. Richardson place, represented on a plat made by W. A. Moore, surveyor, dated October 27, 1892, the lines beginning at a cypress 3 x n on the J. N. Roberts line in the run of Boggy Swamp; thence running with the run of said swamp north-westwardly to a stake 3 x n on Blackburn's line; thence running north 87 degress east 41 chains with Blackburn's line to a stake in a bay; thence running south-eastwardly through the center of said bay to a corner on the Baxley line; thence running south 50 degress west 35 chains to the beginning corner; bounded formerly by lands then owned by Roberts, Blackburn and Baxley; and now bounded by lnnds of Geonre J. Hollidav on the north; Joseph Baxley and others on the east and south, and by the run of Boggy Swamp on the west; the said lands being the same conveyed by H. L. Richaid son to E. B. Jordan by deed dated \Tn>-"iy>ber 4, 1904." Tennis of sale. cash. Purchaser to ! pay for revenue strn-ps ?>nd papers. W. L. BRYAN. Clerk of Court. A Bank No. 290 j Statement of the Condition of the BANK OF LITTLE RIVER located at Little River, S. C.. at the close of Tt?n#> 30. 1923. RESOURCES Loans and discounts $51,091.861 T?i'vfiifure and fixtures 400.00 zx 2: Calco Automata Turns Sw Into Fai f i ?>/ i' v .? il * Gate is absolutely ai \l water to flow off yo '] flood or tide water 1 <* your land again. One plantation man Gate converted 1,50 mosquito breeding tive farm ian^. WRITE DEPT. "C" 4 OR i The Dixie Culv? 3 ATLANTA * K Kauuifca.4.4.4~i*4 1 if.i i - S. -i?: 4************************** | The World's Greatest Fn | Having a Tremc * To It's Un | It is the ideal tonic to build u] J* out your face and figure with mueclaa. * Many people, both young a * tion enough to do half a day's 1 - ? hausted, have sleepless nights, i . j lids in building up the run-dow * What Prunitone is doing for per > * Prunitone Laboratories, Boston, > X I was run down, could not s ; * svhat I did eat distressed me. t trouble and he gave me a cours* , * my relief and I tried many othe * nelp me until a friend recommen 1 made a new stomach for me, I t and I sleep nights like a baby. . * personally that is worn out, alw % it has done for me. ? * y our , \\ Mrs. - JC Mrs. P. G. Shepherd, Mancl * it fered fifteen years with Rheum; \\ iozen doctors and any number < l j[ relief until I tried Purnitone a F )c 'twenty years younger than wher - ,c inyone suffering with Rheumati ' j* }nce*and it will soon be prone foi j >? Chas. K. Dickey, Syracuse, >e fell you what Prunitone done fo ' a iown two years ago and had ti 1 jj *emedies that were advertised a ' )C lelp me until I tried Prunitone j ,e Yom the first dose and now I f?r I Prunitone is certainly a wonderf * in appetite I can't eat enough i 1 j[ For Sp'? by Piatt's Tharma Pharmacy, Tabor, N* C.?Adv. I************************** J* Banking house 1,000.00 Other real estate owned 11,500.84 Due from banks and bankers 6,002.78 Currency 810.00 Gold 46.00 Silver and other minor coin .... 190.96 Checks and cash items 1,293.11 Total 72,334.65 LIABILITIES Capital stock paid in 10,000.00 j/S\ Surplus fund 3,500.00 Undivided profits, less current expenses and taxes paid 131.79 Dividends unpaid 6.09 Individual deposits subject to check 21,209.98 Savings Deposits 33,463.95 Cashier's checks 22.83 54,69(^76 Bills payable, including 9 certificates for money borrowed 4.000.00 Total 72,334.55 STATE OF SOUTH CAROLINA, County of Horry, ss. Before me came H. E. Thompson, cashier of the above named bank, who, being duly sworn, says that the above and foregoing statement is a true con dition of said bank, as shown by the books of said bank. H. E. THOMPSON, Sworn to and subscribed before me this 5th dav of July, 1923. C. C. McCORSLEY, tfotary Public for Sou. Car. Correct Attest , .IAS. A. STONE, JOHN E VEREEN, H. E. THOMPSON, Directors. ABOUT NEW SCHOOL BUILDINGS I (CONTINUED FROM PAGE TWO) lives were loSt, I want to suggest to the trustees that they arrange fire escapes to all two-story buildings.. It will be my purpose to introduce^. a | state wide bill which will take cav</of this situation, if not we will pass one [for Horry County. i All hotels, two-story, and upward, buildings may be included in thif; bill. All doors should open from the out side. This would avoid any jamming I from the inside. Respectfully, W. A. PRINCE. Loris, S. C., July 9, 1923. ^ mmmmm JEA MaKasanrs: m. i i.p. w - Drainage Gate | amp Land |:l *m Land ?j % ; r! I f . ' v\ . / u| ' ' # . li utomaiic, permitting [I urJand but prevents from backing up on ' I i writes that a Ca!co 1 iO acres of 'vorthless swamp into prorluc1 | SPECIAL LITERATURE 'jj ;rt & Metal Co. 1 ::: GEORGIA ;| :rnsnT:rr^ ' *************************** }|g jit Tonic Prunitone it Now J kndous Sale Owing * usual Merit. | p the run down system and round ^ i healthy, firm flesh and strong * $ nd old, drag about without ambi- * work. They feel all tired out, ex- \ % their nerves are gone. Prunitone | 4 n condition and gives you PEP. ? pie everywhere it will do for you. * 48, Mass. X leep nights. Had no appetite and $ My physician said it was stomach J % A* A - ? 5 ui treatment tor months without & r remedies, but nothing seemed to * ddd Prunitone and it has certainly J lelieve, for I can eat anything now * I just wish I could tell everyone * ays tired and exhausted just what % >e H s truly, Mary A. Mason, Bangor, Maine se lester, N. H., writes: I hnvp cnf- 1? atism and have tried more than a ^ )f medicines without receiving any * nd after taking six bottles I feel it \ I started taking it. My advice to 58 m sm is to start taking Prunitone at !! fl rever. >c m N. Y., writes: Just a few lines to \\ r me. I suffered a nervous break- )t ied physicians, medicines and any 58 is curealls, but nothing seemed to \\ and it seemed to help me almost n feeling fine and full of ambition. \\ , ul nerve tonic and it gives me such >c it one meal to last until the next 9 e M ry, Conway, S. C., and Harrelson's ***************** i 4