davidaulloa/AmericanStories huggingface dataset:
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1872-01-31
II o R S A L h

IL y * a l. h
will sell my VILLAGE FARM an together or In
part
This place IS situated on on ol walton on the west side
Of Barre Nlage, ukingthe Lower Village, uospe
VI age aud pat OF fwingsullo.
Tie House rs nearly new, two story nat roof 2sxls
with Ell Barn amt Shed, making nearly 2O feet iu
length, with cellar under barn and shed A good Fur
mace IA clnyonieuccs for warming the whole House.
a good stream Of RUNNING MATEK 10 both House Auu
Barn aud about thifty arfes Of tho BESF Of lam.
There two good Schools in the pace and Churches
20 suit tastes making OF the most desirable places
for Couutry Residence that eau le iound.
Also, wish 10 sell DNELLlNh-hOtSE In Brook
line, go caledD Ia this place, with four teuoments.
Fdr further particulars inquire 40 my Store Ia
French's block, opposite the Post Onec, whore he
found LAR GE STOCK OF
DRY GOODS AND GROCERIES,,
BOoTS AND SHOEs,
READY MADE CLOTHING. HATS AND CAPS,
GENTS FURNISHING GOODS,
cRocKERi and GLdSS-VdhE,
PANTS AND ofLS, &c. &c.
All Of which will he sold clear down for q A II.
PRINTS, M cts. pcr yard RUBBER BOOTS, sl2
. per pnrI ONEkCOAfs Gown to Sio0 each aud other
gonas In like proportion.
Those who have MoNFi TO pay for goods w1l nui
80 ne BARGAINS in my S'o'k for the ncN thirty days.
NV loni forget the place, inmy NV Roes, opposite
the fosi omee, II. W. FREAUll.
Barre jan. ~, lSsl.-0507
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1872-01-31

Never speak ill of your pastor, nor any
one Of your brethren, and no gentleman will
speak III Of sister.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
COURT or COMMON pLtAs-SPEClAL TENN.
Decisions.

Decisions.
BY the Fun Bench.
Barker and another vs.. Hudson River Railroad
Company. Judgment reversed.
Brennan VS.. Observation-Disclosures affirmed.
Cook. VS.. KrOeweke. Judgment reversed.
Wylie w. Marine National Bank. Judgment
affirmed
Carey vs. Carey.-Judgment affirmed.
VOsDurgh vs. Judgment reversed.
Pollock vs.. Observation-Disclosures reversed.
Fransten VS.. ThOmas.--Judgment affirmed.
Powers vs. WhitIy.-Judgment as modified
ordered.
Phillips vs.. acknowledgement affirmed.
Hayes VS.. Wnlis.-Order reversed.
Fearing vs.. lrwin.-Reargument ordered.
Wehie VS.. Observation-Disclosures reversed.
Fowler W.. Acknowledgement affirmed providing
plaintiff enter into stipulation pursuant to opinion.
trial ordered
McCreery We. NOoney.-Julgment reversed
Strong ct al vs. Black.-Order affirmed.
Blsslck vs.. Acknowledgement reversed.
Boomer vs.. Brown-Order appealed from ar.
frmed, with costs.
Trigger VS. Dry Dock and East Broadway Railroad
Company Judgment affirmed.
Foot vs. Etna Insurance COmpany.-Judgment
reversed.
Murray w. acknowledgement affirmed.
POlllOn VS.. acknowledgement reversed and new
trial ordered.
Agate vs.. Lowanlain.-Judgment affirmed.
Haviland vs.. Wehle.-Judgment OF Marine Court
affirmed.
Waller vs.. Thomas. Order reversed, with leave
to answer.
Foster vs.. Henry. -Rehearing ordered
Regina vs.. Buckley. Judgment affirmed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
TEE THIRD AVENUE SAVINGS BANK.

Singular Applicable for the Appointment Of
n Receiver Of the Baak-frOmpt Action of
Judge Barnard.
singular application was made yesterday in the
Supreme Court Chambers, before Judge Barnard, for
the appointment of Q receiver of the Third Avenue
Savings Bank. The application was made by one
Mr.. Flynn.
III never heard OF such proceeding" said the
counsel for tho bank. las asking the appointment
OF receiver for bank that Is promptly and fully
paying all demands made upon it,
'.Nor either, !" said the Judge. .How much does
the bank owe this man Flynnr'
'.Just $685." answered the banks counsel. II
have offered II in Court but the money wont be &C
cepted."
quickly spoke the Judge; ~ guess he Will re-
ceive IT,"
"All right" said the counsel, and the money was
counted out 10 Mr.. Bemsh, to the ast0nshment and
delight Of the crowd OF lawyers and others filing
the court room,
The Judge, who seemed to be in an unusually
jocOse mood, appointed Mr.. Jacob Valentine as re-
ceiver in two cases.
'"There is nothing to receive" he said, APOLOGIZE
cally, sin one OF the cases, and for this reason
appoint Mr.. Valentine Cnef Crier OF the Court, as
receiver
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
COURT CALENDARs-THIs DAY,

SUPREME CoURr-CHAMBERs-Hel py Judge Bar
nard-Nos. "A, 49, &c. 113, ia. 1l6, 1873, 143, I55.
SUPREME OBSERVATION-DISCLOSURES 1-Held oy Judge
Van Brunt-Nos. 937, 1041, 7l9H, 347, 34s, $40,
1893, 1l6l, lib, 14H, 80. 1886, 3S7, $685. 773 s21
S35, $3.50, 657, 962. Part 2-Held by Judge Brady
Adjourned to Monday, 18th.
SUPERIOR C0URT-TRIAL TERM-Part 1-Held by
Judge Freedman.-Nos. 1851, 1921, l29. 1859, 1883.
1889, 1909, 1345, 16i, $685. 1856, 4o 1851, 1885, 1915
l429, 1881, 1871, 100. Part 2-Held by Judge sedg-
wick.-Nos. 1912, 107s $50, 1000, 1900, 1856, 470,
sss, $50, 244. 1851, zoos. $780, 1914, 1,34l 100.
COURT OF COMMON PLEAs-EQuIrY TERM-Ield
by Judge Larremorc.- Adjourned to Thursday
February 8. Part Held by Judge J. I. DAILY
Nos 24l, les, SAL ae9 loe4%, loGsm, ae7' d1ssS.,
Judge Loew.-Adjourned to Thursday. February s,
Tor want of jurors. go -
MARINE CouRT-TRAL TERM-Part 1-Held py
Judge Joacnlmsen. $685. 1915, 1884, 1929, 1895
1924 1871 $685. L. vs.. p, G. vs.. H.. 1885, 1874 1877
1888, 1918, 1882. Part Held y Judge S?au W..
b. 1928, 1884, 1884, 1885, W. vs.. s., 1917 1sss 'snz'
1878. Part 3-Held BY Judge s,so VS. SOB
6s35, $3.50, $3.50, s638, s7f2 s713 S1lh slss o'Io'
8726. 8727. 8728. 872v s7aOs
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
THE EQUITABLE LIFE ASSURANCE COMPANY.

The Charges Against the Officers to be Inves-
tignred.
Some twelve months ago one OF The policy holders
oil the Equitable Lie Assurance Company, of this
city, drew up statement concerning the affairs of
the above company, In which serious charges were
made against the integrity OF some OF It's Off,
GERS The charges then laid before Superlnten1.
ent Miller; but that gentleman having been absent
Europe several months, and having been over.
whelmed with work since MS return has neglected
TO investigate the matter. Sunday contemporary
made sensation article out oil the charges on the
4th inst, and the company feeling called upon to
take some action In the premises the directors held
a meeting yesterday and appointed committee to
investigate the charges. The following is the result
OF the meeting -
To THE POLICY HOLDERS EQUITABLE LIFE As
suRANOE SOCIETY OF THE UNITED STATES
held this day, which the following named Directors
we're present, namely eOrge Adee Henry
V. Butler. Thomas A. Cummins, Henry Day,
John Doaald;on. Dudley Gregory, Ashbsi
Moses A. Hoppock, Henry A. Hurpu, Henry Il: Hyde,
Robert Lenox Kennedy, William c. Lambert, Edward W.
Lambert, NJ p Daniel d. Lord, James Low, Peter McMar
gan Jose r. Navarro Bennington r. Randolph, Thomas U.
Smith John A. stewart, Henry = Ternell, s. w. Torrey,
hbeous article, which published the 4h inst In
Sunday newspaper, having been read to the Board OF
publicly and emphatcaly deny the charges made said
publication, and DO hereby declare the to be grossly
untrue.
The undersigned directed by the said Board to take
immediate investigation OF the affairs OF the
said company oy me state sutaSres AM as9 Sy G
public will have the fullest confidence the results OF which
investigation will be made known to the public at the earliest
RoBEkT |; REMEDY, ROBERT BLISS EIss,,a,,
RffhN n a. hAtRLsUr SGRS j. Donaldson.
D.. ID. LORD,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
THE ROW AT APOLLO HALL.
rTOR OF THE HEgALD:-

To THE EDITOR OF THE HERALD:-
In your issue OF this date I'm an article headeo
'sThe Assault on Sculy," the following words are
put into an alleged statement OF his as to the
attack on him:-"I believe That shannon, w. Ii.
Rooney and Feeney hired the gang OF ruifans to
Kill me-" now write to pronounce such belief and
statement false IN every particular. never
hired any gang OF rulans nor any other person. nor
did ever counsel adj wise any person or persons
to make any assault on Scully. or upon any oiner
person or persons, either on that night OF ~ any
other time, nor did ever for O moment entef. .
any thought or intention TO do SO. Ihe nrss
knowledge or information that had OIL the assault
Was the item In yesterdays edition OF inc New
York Times l am sorry That any assauIs was
made, and cannot perceive why the DIANE OF !!
should In any way fall upon Messrs. shannon and
Feency or myself, or why such credence should De
placed IN his statement as 70 warrant the notice
above referred to. IhIs Is the second time within
ten days tnat my name mas been mem
TONED In your paper in connection with assaults,
real or pretenoej, on THIS man. l know
nothing about either. This man. Scully, know IL
not Intelligent enough 10 nave written either OF
them, and desire to unearth the sneaks--for there
are at least two OF tlem-who make tins man q
cloak for assaults on me- As to whether the ticket
headed DOS. shannon was or was not elected, L pro-
pose to leave 10 Inc General COMMITTEE to de.
Iermne. Respectfully, w. Il. ROONEv.
FEBRUARY o. 1872
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
THE BANK TROUBLES.
THE STUYvEsANT BANK.


An INDIGNANT Meeting of the Creditors-Pro-
test Agninst Banlkruptcy The Present Re
ceiver To he Made Trustee of the Assets in
Bankruptcy.
At the building OF the Stuyvesant Bank the credit.
ors OF that institution met again yesterday morn
ing at ten O'Clock for the purpose OF protesting
against the placing OF Its muddled affairs under the
writ OF involuntary bankruptcy, and OF devising
s0ae sKilful coup d6tat whereby their interests I'M
der this unhappy misfortune could be as much pro.
Mcted as possible. MI. John A. Dougan was chair
maa ana the following resolutions were adopted
PROTEST AGAINST BANKRUPTCY.
Supreme court Of the state Of New YORK in appointing
s hs.
70 rsssfcson: render ddeas 20 administer
SOMEBODY'S VIRTUES.
Resolved That we are entirely satisfied With the appoint
bank We believe him to be-hrst, honest and trust
h sah anu h sns
entirely disnersssd farhsmore since HAS been re-
oa.y with sole view Of realizing everything possible
jury to ali Of Us IT, Alter the snowedse OF the s Of the
bank thus acquired by him. to fall into the hands Of
strangers.
MACK's MALICE.
Resolved, That surprised and indignant at the ac
for s sSoa which actually
sns Bsn az we are suen ao
against the Stuyvesant Bank that believe this proceed
ing of John Mack and the Security Bank matchmaking
both OF them well knowing that the bank put
into the hands Of ordinary assignee In bankruptcy the
assets will probably be sacrificed, aud demanding
don Of their Withdrawing their bankruptcy proceedings
that their debt be paid In full
MACK FLANKED.
Resolved, That inasmuch by the action OF John
Mack and the Security Bank driven bank
rupcy ask all interested take advantage the forty
third section of the act which authorizes US TO
elect own uusee instead OF assignee In baDkrupcy
and that the creditors attend the meeting
creditors appointed held the 7th of February
instant and elect Mr. o. H. r. Archer trustee and
dent OF the Fifth National Bank the Rev. John circuit and
Others without In any waving rights to have the
affairs of the of this State
THE RECEIvER's EXPLANATION.
committee was appointed to wait upon Mr.. o..
II. r. Archer and to request him TO make TO them q
statement OF the cause OF the unpleasantness OF
which the reprenenslbe. Mack was the apparent
author. Mr.. Archer, accompanied by David Dudley
Field, made his appearance. He said that as re-
celver he had paid to Howe ana Macy 900 In set
Element OF their CLAIMS IN preference to having the
$4,000 worth OF cOllaterals which they held forced
upon she market The Security Bank, represented
by Mr.. Mack, nad thought that they might secure
just as favorable settlement as Howe and Macy,
and on finding That he (Mr Archery would not pay
this claim. had forced the bank into bankruptcy.
vote OF thanks was given Mr.. Archer for his
explanation ana for his management Of affairs.
After little more talk tue meeting adjourned.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06

was IN favor OF sending the on1cers Of the bank to
Sing Sing II possible.
motion was then made TO raise subscription TO
lee counsel 10 ascertain what could be done IN the
matter.
After great deal OF discussion in which some
were opposed to litigation altogether, and others
differed about the manner OF procedure, IL was
nnaly moved anu carried to leave the matter TO the
action or the next meeting when IL was hoped all
the deposltOrs would be present.
II was also moved and carried thar all persons
who had presented checks to the bank on the m0rn-
Ing OF the suspension would present written state
ments 10 the secretary OF the meeringthese state.
ments to be sworn to before notary public so that
they might be used in evidence In any legal proceed
inr. the meeting was then adjourned, subject to
the call Of the committee,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
SUPREME CJURT-CHAMBsRS.
DeclsIOns.

Decisions
BY Judge Barrett.
In the Matter Of the Guardianship or A. Kinney,
MmOr.-Guardian discharged.
In re Mary Il. Connolly. Of habeas corpus
discharged, and child remanded to the custody Of
the respondent
Olmsted ct al. vs.. Riley ct al.-Rep0rt confirmed
and Judgment granted.
BY Judge CardOgO
Thompson ct al vs.. The Erie Railway Company
Let the counsel IN this case attend before me on
Wednesday, at ten A. M.
BY Judge Brady.
Bass vs. Vuclins.-Order settled.
CochrOft vs. Clafin.-Same.
Carter vs. Kain.-See opinion.
Rockwell vs.. Green.-Same,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
EIGHTH NATIONAL BANK.

Meeting Of the Dcpositors mt the Sinclair
House Last Evening.
A meeting OF the depositors Of the Eighth Ma
tIonal Bank was held last evening at the Sinclair
House, corner OF Broadway and Eighth street, MIR.
Archibald Johnston in the chair. There was quite
large attendance OF the sufferers from the late
suspension. and great deal OF feeling
was manif ested among them. Some Of the
gentlemen were very anxious TO commence
criminal proceedings against the officers OF the
bank. The course OF the President Onion Adams,
was rather severely rejected upon, as 1t was
declared by MI stevenson, the secretary. that Mr..
business portion OF the community had drawn o
great many deposit0rs TO the bank, had on the
evening before the suspension drawn 50, 900 from
the bank, and on the morning Of the suspension
Sc, o00 In all $4,000 the full amount or his deposit
MI YOUNG said he was not willing to let thugs
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06

BIG MoRTG AoE.-Tne Iowa State Register says:-
County Auditor Thomas has finished the JOB VI re-
cording the biggest mortgage he aas ever tackled.
IL Is a mortgage on the nrst division VI she Mil
wauSee, Nashua and Des MONIES Railway, extend.
irg IRON Chlckasaw, ChicKasaw county, Iowa, TO
Des MONIES. The amount Is 81, 600, 600. The line
mortgaged runs through Chckasaw, Floyd, Butler,
Frangdn, Hardin, Hamilton, Story and Polk coun-
ties. The mortgage mas twenty years 70 run. SIX
record OF the document. The Union Trust Company,
Of New YOrg. record the mortgage.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
SUPERIOR CoURT-1nlAL TtRM.-pApI 2.

Montgomery Queens suit Against tho second
Avenue Railroad Company.
Before Judge Sedgwlck.
Montgomery Queen va. The Second Avenue Rail.
road Company. plaintiff late vice president OF
the DEFENDANTS company, was discharged, and
brought suit claiming $4,000 damages. The CON-
plant was yesterday dismissed on the ground that
the board OF directors mad power to discharge
without notice. such power being conferred on them
Ill the constitution and bylaws
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
THE UNION SQUARE BANK.

Mr. Beekman, the Receiver OF the Union Square
National Bank, has issued notice iat all creditors
and depositOrs having claims against the bank
must prove them before next Saturday, on which
date the first dividend OF fifty per cent Will be paid.
The second dividend will be paid early In March,
and the bank Officers hope 70 pay all depositors IN
full by the 1s5 OF April,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
COURT OF GENERAL SssSIoa;.
Before Recorder hackett,

The Court was opened yesterday morning, His
Honor the Recorder presiding. The grand and
petit jurors summoned Tor the February term were
discharged till this tTuesday) morning. to which time
the Court adjourned. There are O great MANY
prison cases-princpally indictments for burglary
and arceny-tO be disposed of this month. Assistant
district Attorney Fellows will prosecute with char
acterstic vgor which, together with the Recorders
weknOwn executive ability. will result In depict
Ing the number OF prisoners now awaiting trial.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
MARKET SAVINGS BANK.

At the meeting OF the dep0sitOrs OF the Market
Bank held the First District Court yesterday Mr.
Dowey was appointed Chairman and Mr.. Bent Sec
rotary pro tenn. Mr.. WORTH the Receiver of the
bank, gave brief statement OF the affairs Of the
bank.
On bond and mortgage. ..... :. ...... Loco
Alabama state Honds SS ny
South Carolina State bonds 8b.Ou0
Total .s1gs 600
The iiabiIites were estimated at $780, 600. Inc
market value OF the bonds was not known and
could not be ascertained, as the Third Avenue Saw
1ngs Bank were pressing theirs IN wall street. Mr..
Worth thought that Alabama bonds would bring
ninety,two per cent Some OF the call loans were
mortgages were good.
A depesitor put the questi0n-n necessary, how
Mr.. WORTH-About forfy-fv per cent, or perhaps
more. In Its most desperate condltlOn 1t would
pay no less Tran forty per cent He found in one OF
the books call lean charged to one OF the Oldest
firms in this city, which nau dissolved over TWO
years ago.
After some desultory conversation between the
dcpositors and the Chairman, Mr.. II. J. IIadneett
offered the following resolutions, which were unani-
mOusly Adopted
Resolved tina. the action of those who have insgated
sa%s the anuaaed Of The
tors and we condemn the conduct OF those Who from selfish
means &c a and
that from the money Of The deposor and
in the same ratio the dividend justly due us out OF our
Resolved That rely upon the integrity of the Receiver
and the power and authority Of the Supreme Court to do us
now let OF money shall not be squandered or wasted
Resolved That we will az individual depositors aid the
legally constituted authorities to the best OF ability, to
bring Conkin and his wicked to justice and
The meeting then adjourned till Monday next, February H.
Il. nj
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
COURT or COMMON ptEAS-pABT 2.
Absent Jurors Fined.
BEFORE judge LOew.

At the opening or the February term Of this
Court Yesterday only ten Jurors answered to their
names. ana Judge Loew directed Mr.. Boese, the
Clerk TO enter q fine OF 500 each against all the
Jurors who had disobeyed the Summons of the
Court. several important cases we're ready for
trial. but the Court had to be adjourned until
Thursday for want Of jurors. Judge Joseph II.
Dalv sitting In Part !, also imposed fine OF 500
each on everal abse Mt jurors
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
TIRE GUARDIAN SAVINGS BANK.

Jeremiah Qulnan. the Receiver OF the Guardian
Savings Bank. mas obtained from Judge Barnard
leave to sue as follows:-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
UNITED STATES CIRCUIT cuvsT.
The Estate Of Madame Jumel.

Before Judge Shlpman.
The further hearing Of the case OF George Wash.
ington Bowen vs.. Nelson Chase was resumed yes
terday.
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1872-06-07
RATES OF ADVERTISING.

RATESOF FADvERTIS'NG.
For rsquare OF 10 lines or less, we'k. 81 oO
Each subsequent insertion, 7b cts.
Longer advertisements a. tlv same rate,
A fraction over even square or squares
counted as asquare. These are ilie terms
for transient advertisements "A reasonable
deduction will be made to regular adver-
tisers.
Notices appointment of adminis;ra-
tors and legal notices Of like characterize
he paid in advance.
ANNOUNCING CANDIDATES.
For Township officers. each s'.oo
ror County $50
For District. Circuit. or State, 800
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1872-06-07

|isviile Courier-J ournal' frankly prof
fer their adhesion, and hail the coveted
opportunity 10 enlancipate the Govern
ment. the South and the whole country.
with expressions OF JOY. says the Cou-
rier-J ournal. the Democratic orgaliza-
tion of kentucky lis not less Demo-
cratic because it is for Greeley, nor is it
less Liberal because II is Democratic"
And il adds that farther South, party
lmoorings arc loose and shapeless." and
the Liberalism of the Cincinnati plat
form and Horace Grecley's letter is
good enough for the people" Thn-
do nc discover the drift OF popular feel
ing and thought, both within the Dem
ocratic party and " Without. 1t is grow
Ing more and more uninistakable. We
do but assume 10 represent il as faith
fully AZ possible in our present commen-
tary while we insist that it embodics
the only real sovereignty acknowledged
by the party organizations. A few poll
ticians al Washing ton can not speak
with an equal knowledge of the situation
or oi The sentiment supporting H. After
all is gathered and compared, the de-
cision Of Tie Convention must be au-
iAoiitative and final. Until that is an-
nounccJ, the right 10 open discussion
remains uiinlpailed.
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1872-06-07

We find the following decision rcpor-
ted in the indianapolis "Sentine" of
the 3lst instant. 1t will remembered
this case was brought To this county by
a change Of venue from Craw ford coum-
iy. and tried year before last:
222a. William l.. Temple ct. a.. ".
John -. Aders. From the Dubois Com
mon Pleas.
The appeiIees obtained verdict and
iudgmcit below against the appellants
upon proinissory note. and Tor work
and labor and moaley paid. Tie plain
tiff sold To the defendants boat and
load OF hoop poles for $3.50. receiving
$500 cash aud the note sued upon. Ia
the sale il was stipulated that boat and
cargo should be delivered at Il place spe-
cited, IL soon as "A rise should take place
in the river. AT the first rise the boat
was not run 10 the place named. nor
was j, al any time so ran and delivered
to the defendants. but OH the contrary.
ai IA subsequent rise in the river it was
allowed 10 DRIFT away, and was broken
up and bcca,nc a total loss and the hoop
poles had TO be hauled overland bv the
defendants 1T cost TO them OF 1885.
I The reason assigned by defendants for
taking possession of the wreck WAS that
ithcy had paid Aders $500. and that he
was not responsible. We think .,c ease
was quite clearly made oui. The coli-
tract iur such delivery i shown and ii>
lrcacil also. and that the alilir,> 10 the
defendants were more .han for The
amount Of The note. The items of eN-
lpcnse ior i'i'utles> attempts 10 comply
with The agrcemcn. are not property
lchargoablc 10 the defendants. We think
that under the contract the appellee was
bound 10 deliver boat and cargo at the
place stipulated safely. il il could have
been done by the use OF ordinary and
reasonable carcand diligence. aud if for
jihc want OF such reasonable care and
diligence the boat, ctc..werc mi urc,l. the
appellee was liable for the resulting dam
ages. The judgment is reversed with
costs and ca;rsc .euianacd. Downpy. |.