Indiana State sentinel., 1851-07-03
Supreme Conrt Decisions, May Term, 1851.
l'rroH.rD eorrns, r-ei


only for the purposes Of navigation but also for supplying
Cenklin with water power charging the Company with
insolvency. Answer denies insolvency and that
only water for navigation is diverted charged. In
junction refused Bill dismissed
Held, That since shown TO have
been used than necessary for the purposes of nav
cation, the plaintiff should have adopted the mode Of
of redress prescribed by the charter Decree affirmed
EIiphGtef Stanley Albert S. White s GOdiore s.
0rth, assignses Of George Parker. In error TO the
Wayne c. c. SMITH j.
Debt by White and Ortiz assignees of George Parker
upon prOmissory for % dollars, made by Stanley
in favor Of Parker Pleas consideration and fraud
The suit commenced before justice nf the peace
and appealed to the Circuit Court.
On the trial in the Circuit Court, the defendant pro-
duced the dispositions of Witnesses who stated that
they were present. when person who represented him.
self agent of the patentee called upon Stanley,
and demanded compensation for infringement OF the
patent right for certain kind OF mill wheel The wit
stated that Stanley first refused to pay any
thing, saying that he had paid the person who put up
the wheel for the right. The agent replied that the
who put up the wheel had right do so; that if
Stanley refused to pay he would forthwith take out
execution, and compel him to pay larger sum than he
then demanded. The agent also told Stanley that he
had the power collect damages whenever there had
been Infringement Of the patent and he produced
and read to Stanley two papers 10 that effect Stanley
then said that IL there was no other way than to pay
second time for the of his wheel, he supposed he
do So and thereupon gave his note for 20 dollars
which is the sued upon
Tne plaintiffs counsel object the reading OF so much
of the deposons proiessed to give the contents OF
the papers referred to- notice having been given to
produce those papers, which objection sustained.
This being all the proof offered, the plaintiff demurred
to the defendants evidence The Court sustained the
demurrer, and gave judgment accordingly.
We perceive to the judgment.
No nerences conclusions be fairly deduced from
the facts proved, which would constitute defence to
the note.
The defendant objected to the suppression of those
parts of the deposons stating the contents OF written
instruments, but that evidence immaterial, and
would have been any advantage TO the defendant II
it had been admitted. Judgment affirmed.
Williams ct al. v. Bedrdsley ct al. Appeal Elkhart
c. c. SMITH Case By appellants against appellees
Declaration alleges that at Elkher county, Indiana, de-
PENDANTS did erect maintain and keep up bridge which
nuisance to the free navigation oI the St. Joseph
River navigable stream running within the territories
of the States of Indiana and Michigan, whereby said
navigation endangered and that afterwards boat
of plaintiffs unavoidaby and Notwithstanding all care,
stove against said bridge and lost Plea, not gull
ty Judgment for defendants. Appellants contend that
under the ordinance of 1887 declaring that the navga
BILE waters leading into the Mississippi and ST. Lawrence
and the carrying places between the shall be COM
mon highways and forever free" &C. any thing what
erected in the stream OF uavgabe river which In
the slightest degree impedes hnders the passage Of
boats suited the character OF the river nuisance
and that individuals have the right 10 navigate the river
without paying any regard to such distractions and to
be IndemnIhed Tor all losses thereby sustained unless
such losses were occasioned by wllul neglect.
Held That not the intention of the trainers of
the ordinance, to prohibit the making Of such improve
ments might be demanded by the public interest or
convenience of the people of the States through which
they ow and which would not prevent their free
public highways. That State has power to regulate
the of public roads within its jurisdiction and to
horze the construction of bridges other improvements
necessary for the convenience OF those using the high
way Of those who under the necessity of crossing
it, That bridge constructed over a stream which is
public highway, though it cause some lncon
venience to navigaors, is not nuisance, those
who erect aud maintain it necessarily insurers for all
losses occasioned by it. Judgment affirmed.
Singerv. Farnsacorth. Error, Jefferson c. C. SMITH,
j. Assumpsit by Singer against Farnsworth, Tor de-
priving him of the of patent saving machine for
three months Judgment for plaintiff for damages TO
the of one dollar and twenty-five cents. IL ap
pears that the damages estimated by computing
six per cent interest on the original OF the machine
Held That the proper measure of damages is the
value of the of the machine its during the
time the plaintiff was deprived of it, Judgment re-
versed.
Daris " Doe. Appeal, Dearborn C. c. PERKINS,
]. Trespass for mesne profits. Pleas, general issue
and special pleas the latter, demurrers sustain
ed, This is assigned for error
Held, That the action for profits is equit-
able which every defence may be made under the
general issue it immateral to the defendant wheth
er the demurrers sustained not Judgement al
frmed
Dugan " Spraeue ct al. Error, Hendricks C.. G.
PERKINS, ]. Assumpsit. Plea general issue; judg-
ment for plaintiffs. Sprague ct al sued Dugan and es
tablshed their claim TO the OF S425 30 Dugan re-
lied for reducing this claim upon receipt for notes to
the of Sl35 from Sprague ct al, which notes
were placed in their hands collateral security for the
Of the claim TWAS not proved that these notes
had been could have been collected Il
Held, That the taking of collateral security does not
bar suit upon the principal debit that the receipt was
no evidence OF payment to that amount Judgment
affirmed with per cent. damages
.armstron9 v. Murphy. Error, Decatur c. c. PER-
KISs, T. Replevin by Armstrong for certain horses
given by him Murphy in discharge of a mortgage
debt. Judgment for defendant. II
Held. That the proper remedy is an action to obtain
surrender Of or entry Of satisfaction upon said instru
ment Judgment affirmed. II
Carr & .4thon v. Moore Error. Clark c. c. Per-
EINs, J. Debt upon a bond given to school commits
sioner to loan from the school iund against
Carr principal and Parr and Athon sureties. Sudg.
men for plaintiff against Carr and Athon 1t appeared
that PARIS signature forgery. Athon pleaded
fraud. that said writing executed by him as CO.
surety with Parr But this not proved on the trial.
nor that Athon In any manner deceived. Judgment
affirmed.
Cunningham v Banta Error Randolph c. C. PER-
KINs, j. Bill in chancery by Bana, restrain the col
lection and assignment Of certain judgments at law,
which were part consideration Of tract Of land
veyed by warranty decd in fee by him to Cunningham.
Bana reserved the right of re-conveyance of the land
on reundlng S7l within two months from the day OF
sale this he failed to do. Cunningham had obtained
the purchase money These, he contends the con-
tends the consideration for the land and had pur
chased judgments in favor of other persons against Ban
the amount of the balance Decree that Cunning.
ham satisfaction Of the judgments in his favor and
these other judgments assigned to him.
Held, That the decree is right that the above was
conditional sale, not mortgages that the consideration
made up of the whole Of these judgments, although
expressed in the conveyance, parol proof being
admissible to show it, Decree affirmed |,
Brakev The Board of Commissioners of Vigo County.
Error, Vigo G. G. BLAcKFoRD, j. Petition Tor man.
damus fled May term 1885, stating that in 1888 the
Board Of Commissioners Of said county appointed per-
damages sustained by the draining of
IL set