davidaulloa/AmericanStories huggingface dataset:
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
S. KAUFMAN & BRO.
Tenth District Congressional Con-
ventIOn.

TVyHE Elective Committee OF the Democratic
and Conservative party OF the Tenth Con.
gresSiOnal District having designated Bolivar
as the place, ana the Sth Of September next as
the time, Tor holdipg a Convention OF Dele
gates, TO nominate to represent said district IN
the Congress of the United States respectfully
suggest and recommend the following order
OF business, IN the hope that If adopted, the
proceedings of the convention VIII be greatly
facilitated:
First-The Convention win be called TO
order by NJ. ID. Z. stewart, Chairman at il
O'Clock am.
second-The election of a temporary Chair
man and Secretary.
Third-The appointment Of Committee
- from each county on Credentials-report
and action thereon.
Fourth-The appointment OF q Committee
on basis OF Represen tation, consisting OF -
from Hardemen, - from Fayette, and =
from Shelby cOunuss-report and aeIion
thereon.
Fifth-Tbe appointment of Committee Of
- from each county on Permanent OTganl'
zat'on report anc action thereon.
SiXth-The adoption OF a rule as to the vote
necessary to determine the nomination.
SeVeuth-Nominstlon of candidates.
Eighth Their respective pledges to abide
the action OF the convention ana support the
I nominee.
BY order Of tire Committee.
NJ. d. l.. STEWART, Chairman,
I b~T~o: n 1874. aug2S
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
Commercial Hotel
Corner Of Jefferson ana Front SiTesi 2,
Memphis. Tenn.

WE are pleased 10 learn that MRS. NJ. AL
w LEN & SONS have decided 10 reopen
their old hotel the Commercial, as Mes-Is.
Sehley d CarrOlfs lease expires on October Is.
Wecau vOuch for them as No. hOtel-keepers.
Their past history such speaks 1Or itself.
Until the first Mrs. Allen can be found at room
No. ., Commercial hotel. All necessary i'm
proveInenfs 70 make the Commercial a No. !
cheap hotel viii be put In operation at once,
and guarantee 70 all a hearty welcome. Come
one, come ALL ke2
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
BETHLEHEM ACADEMY,
Holly Springs, Miss.

s5- This Institution is under the direction of
Sisters OF Chari y" from Nazareth Acad-
emy," Kentucky, and offers every induce
ment TO parents who wish their daughters
thoroughly educated. For terms and other
particulars, apply 10 the
an2I SISTER SUPERIOR,
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02

VETE have removed our zeal Estate Ex-
w change" TO that central location over
No. 10 q adtson, near the ). W. corner Of Mad
ison ana Main streets. The Sale and Rental
Departments will be conducted as heretofore,
the latter in charge Of W. ID. MeCalium, Esq.
aus TREZEVA Mt & co.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
THE COTTON PROSPECT.
Condensed Facts from -Ehe August Re.
ports IN Regard 90 the Present
outlook.

New ORLEANS, September 1.-The
following is condensed from the National Cot
ton Exchange crop report for August: " In
Mississippi, Louisiana Arkansas and Tennes-
see crops generally are suffering from drouth.
The prospects are less favorable than at the
same time last year, and though month
ago the crops were centrally later, picking
commenced quite as early, the orOuth caus-
ing premature opening. In Alabama, Ntr-
ginia, North Carolina aud South Carolina the
condition is about as good as at the same time
last year. In Georgia and Florida the crops
are injured by the drouth; their condition Is
now less favorable than last year. In Missouri
the prospect is somewhat unfavoraOe; pick
ing mas well commenced ten to fifteen davs
earlier than last year. In Kansas the cOndi-
tton is better than last yeaR In the adian
Territory the plant is suffering from lulh;
picking ten TO fifteen days earlier tn; Rst
year"
1t is evident from the tone If the IS
patches from different points in Nerm nt,
that a Democratic victory has been wo in
that State.
At Burlington, Vermont, yesterday,
judge SmaIling, Democrat, was elected 10 the
State legislature. This is the hrst Democrat
elected since 1853 from Burlington.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
NxvoNEG kOTyCE.

A SPECIAL communication OF De- o
n Soto Lodge, 10. 229, viii be heldY<1
this (WEDNssDNY) evening, Septem- w
bsr ID at 5 O'Clock, fJr work I'm the NJ. NJ.
degree.
An N NJ 3 are fraternaliy invited.
By order. BUN. +. PRICE, W. IL.
R w. SHELTON. Secretary. seq
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
REWARD.
REWARD IN GAME LAWS.

UlHE BLUFF CITY SHOOTING CLUB Of
fers reward OF s25, in addition to the re-
ward offered by STATE penalty, for the appre-
hension and conviction Of any person shoot
ing, woundipg, trapping or killing game in
violation of game laws of the state. The
aul9 b. J., BARINDS, Secretary.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
Homo Inparanee COmpany.

MEEVI-;s. tenn, September ], 1874.
Bs- 10 consequence Of tue absence OF many
of the stockholders OF the Home Insurance
Company, the election for seven directors is
postponCt tC the irst Wednesday in October.
SCI =. r. BOILING, Secretary.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
POkIrIcAL MEETINGS.


enthusiastic meeting held 30
At =. q ,-ags i.isi evening. Phil J, Aaion
the ses-pue -lfolf sfresl dent, ana W sas. Btc-
US q 7ppl - mo following gentlemen
Eeon - ere. Il : Eor congressional cOnEen-
ere app Io Eeein' J. a Newsoiai M! JnP'
t.unn j. NJ ilpe convention: W. A. Nc
lsandle, Les IL ~, WI. Chase q Malshaii'
eqy tiieT M 1V pJ >. S SeSdie Mit.r ". Jas as
',tea-y. Ton, nm y ijasau, 5. N. Ashe' A. D.
GIbeoa. .,, r. ~ LION, President.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
Thursday, 24th day 81 September, 1874,

At II o'clock am, In front OF my off &c, No.
35i Second street, Memphis, Tennesses =, pro-
eeed to sell, 10 the highest bidder, for cash the
following described property, tO-wit:
Part Of original country lot No. SOB and e.
scTibed upon the plan or John johnson and
John ]. Murphy, made by n. a. Kerr, Janua-
~ p, 1856, as lot No. u: elinning at the
south west corner Of said lot on the nort side
OF Exchange street; thence e3tstwsrdly with
the north side Of Exchange street 5Sl5 feet 20
the southeast corner OF said lot; thence
noTthwaldly 75l4 ieet 10 ia northeast corner
Of said lot on the south side OF Alabama road
thence westwardiy with the south si5c o. the
Alabama road 535s lee TO I northwest cor
ner OF said lot; thence sOuihwardly l03 feet 10
the place Of beginning.
Levied on as The property Of defendant, John
Bpslliaaa, % saIisfy said iudgn eDt, interest
ana
sale 10 commence promptly az eleven
o'clock a Ia. w +. DOYLE,
sheriff Of Shelby county, Tenn.
Memphis, "a dag OF September, lsli.
Kortreeht & Craft Attorneys for plainliH.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
MEMPHIS LADIES' INSTITUTE
gI2 fAasogn Naus.f

Mss. N. p. SoUTH WORTH, ut.a,,,.,.
MRS. FANEIE p. hCGEHEE, ''''''''i iiNo pans
WILL REOPEN sEPTEa BER 7TH. FOB
w terms, send to either Principals for elr-
culars. apl9
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02

Radicals IN tennessee, ~ - ~ oIu as the
State. II Is substantially the same AS those Of
Illinois and Indiana, but it Is poWerless,
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02

PFtI- tt1til they repudiate the course Of the
APPFa1, w. do. tits the leading Journal Of The
city. III ~ eirmOufh-pieee. " hen Il speaks
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
GIBSON COUNTY.
Meeting Of tho People of PiekestsvIIle
RESOLUTIONS and Speeches Cor
demning EaWiess whites
and Blacks.
Proclamation by she GOvernOr-CfNtI
Officers Responsible for Jsii-break-
ing ard RfOts-AtI Unlawful
Assembiage- Ordered
"a EfspeFse.
Meeting az P.eRsttsville.

PI6KETTSvILLE, August 81, 1874
Pursuant 70 adjournment Of a primary meet
ing held AT this place last saturday, twenty
ninth instant, the house was called 10 order,
Rev. K. IA. Burns filling the chair snd stating
therOhject OF the meeting TO be as appeared in
the APPEAL OF Sunday. J. T. Warren, jr., was
made secretary, and the editor OF the Milan
EUchdRgs asked 10 participate. The following
letter y as read from L. NJ. Hutchinson, and
ordered 10 the minutes.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02

are IsI,isu evIu "a eLISnsIye CoUUOn circular
we have ever seen, and n1ust force a
change in all quarters, in the
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02

OF the law. Not long ago. disguised men went
TO the house of A. Gossett, In Big Bottom,
llqmphreys county, demanded OF his wife a
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
". Jas. .s.s,'s& M9A-iSi r. NE si1th ward

Last night the citizens citizens fnr - te aie Demo
ward me- nlet,e,tious soon % be voted on ~ ove
iIssfy er9s election. me Ineei39g j. q he chair,
lied by ceillaiis a Taylor secretary. ~, "
and ne csir sppointed me Ioh9MiiIIs VILE
511g219.iiee 70 teieet dgiegsle5; fsoo5 Miller
er, = X hl-esS - reported the following
a. de Iegstee; .-..,t ConventIou-EugeE
For the C2n,g;,ss1i s;sg Thomas Darden and
For he County o9pyePscalpp Mie1o Z. Ballard,
- NllcA = =. Fs-6er +. q. Cole, j. J. AasaeA'
IN h miller and p Gensbu5T, ,,.,.,.a ,e5;
"A efeu' 'iiltr-T-frj- A. TAYLOR, Secretary.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02

uant e. 2 csil, large ana ~. hlgliy y ll;,
Pun he meeting was ne5a a. ths i - ~ pa
raa2sf-,. ~. rkst oase; =, ard Major G6s Rhea
-'as eanet Ieecrefafy. A committee ot sessn
was eiss eio5 led = select ns9Ss nssa9Sebton lfL Gs The
10 tue b9-sas ,s med citizens were se4ec'e' a.
de agates -, -essInual Conre nti On-Johu W
For the g.-5l5c Nahon William Harrng gtoni
walker y. D. harbour, EGbeTt Wool
sara 5chloss y
t.ridge, ,.,,.,<-- fsruventon--JonnJ J. befIki
FOR the tYuHty ,1li,4,.rotte, r. Renchard, W.
b. - BsrinT1y5y " t,ochrnne. J. = Hughes, refer
,t.stses. &, Ses, Ben nss,le ne1sssops 4 D%yer' STT
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
SHEREFF'B SALE
OF
Valuable Real Estate

DUBLIC NOTICE Is HEREBY GIVEN
il That by virtue OF an execution to me de
reeted from the Honorable supreme court for
Western District OF Tennessee, in the case Oi
K. p. Walt vs.. John Spellman ct al judgment
rendered on the 5th day oi NOvemrer, 1873,
for the sum OF eight hundred and eight dol
lars, with Interest and costs OF suit, to satisfy
said iudgmsnt, ETC., viii, on
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
MERCHANTS
FIRE AND MARIEE
INSURANCE COMPANY
OF MEMPHIS.
Office No. Is MadisOA st.
oFEECEEA
Il. L. AEACHAM, Presiaen
A. N. MCKAY, /: Wise President
WA. GAY, Secretary
BOARD OF uIRErToRE.

BOARD OF DIRECTORS.
N. L. sEEACEs MOI a. l. Msaoham q o.
a. N. MeKAE.....-.....OS Siedge, Mckay Co
s. HANsFEELD...-..-o,M M&l-saeid Htgoee
WsE. JOYNER.-of JoyB n-mon & Gale
wM. 3. GALBREAEH... ton Eaetor
Hon. JOHN OvERTON, b Mem phis
J. n. PERTIGREvT, of Edmonds, Pettiyre
Co.
BAAC SUzxWAB.....s.........0f Sehwep
B. +. HAI.K.ER.....!of Holiowel', Croeseit
sE Takes Fire and Marine risks Dwelling
Houses and Isolated Country Stores
esDaeiaiiv snlicited, laJ1
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
GERYsAN CASINO.

ID FGULAR monthly meeting of the German
n Ca-in o. TEURSDAY, Sept mbar 5 = at
81 o'-ioek PA, at c-r newly. fitted up rooms
0t Cochran hail. All members are lesrect-
fully requested 10 attend.
BY order :. G. LULLMAN, President.
IHEn. EEr Z II. Sac-a.RrV. SEQ
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02
;. H. HALF,
B. F. NuRTHCOrT,
W. A. WADE,
J. 7. WARREN, JR.

On motion the above resolutions were adop'-
ed as q whole, and these minutes sent to the
APPEAL and Milan Exchange, and requested
published in all other papers,
After listening TO an address from Scott
COcolo, colored, expressing his desire for
peace with enthusiasm, zeal and deteImina-
tion, i'm pressing upon them their dependence
upon the whites, and asking them 70 be arm
In their desire for peace, the meeting then ad-
iourned J. T. WARREN, JR., Secy.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02

at7IUI zIUVEUUW N1l77 Vo1 7717VV oVO5lCtYs
- tha Hatlaer Maffhe,z remrsrarca =
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02

liberal patronags DesUgv5u On tue nr1lE Tsls,-
dissolved, We respectfully solicit contfnu-
ance Of their favors, hoping by close atfen-
ton TO hnsinass 70 mari In sar.,.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02

KEEP CONSTANTLY ON HAND A GEN
n ersl assortment CT Building and Fram-
ing Lumber, Notwithstanding, Flooring, Cell
ing, Shingles aud Leths Also, Doors, sash,
Blinds, dressed Lumber of all kinds, etc. Are
prepared TO fin sd's on the shortest notice.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-02

~" - --.5lerF ou an extra req lnentO OF
g0vernfI nas cdl-1, -.,yr,t 1sed OF picked white
taie la ~. ,,sr :, ere Is ped some day5 a. o
lu Nlew OF tne ~ .fi-e stJsence OF United
iuroaucs - s,,,,, the SfaTe. Recruiting mas
80 e.'siefiv going on ana II s,.-,ies - f.ve
Dee- ~ - ar-roldiers OF not - Iiilts ,S lS -,
nulnpei @ = ri9'e resrirnerrJ viii be added 20
o,-s5's brigade. and VI ] oe - ,,y, 4 ~
= Y ~. low IA disIuI banccs II ana Ni'-- NV
Wilmington daily commercial., 1874-11-28
PoPoLIo

i
Positively cures Kidney and Liver Disease, Con-
sumption, General Debility, Bronchitis, Catarrh
&c., or money returned. once, 225 North Thir-
teenth Street, j. w. Kyle, Wholesale Agent, 75l
Passyunk Avenue, Philadelphia, Pa. Consultation
free. Sold by Druggists. nov2-4w
Wilmington daily commercial., 1874-11-28
HAvE YOU TRIED
j q r U B E B A
are vnu

You
WEAK, NERVOUS, OR DEBILITATED7
ARE You so LANGUID that any exertion requires
more OF an effort than you feel capable of making
THEN TRY JuRuBEBA, the wonderful tonic and IN
vigoraor,which acts so benenciay on the secretive
organs as to impart vigor to all the vital forces
1t is no alcoholic appetizer which stimulates for
short time, only to let the sufferer fall to lower
depth of misery, but 1t is vegetable tonic acting
directly on the liver and spleen.
1t regulates the bowels, quiets the nerves, and
gives such healthy tone to the whole system as to
soon make the invalid feel like new person.
Its operation is not violent but is characterized by
great gentleness; the patient experiences sudden
bes
"Fold their tents. like the Arabs,
And silently steal away"
This is no new and untried discovery but has been
long usei with wonderful remedial results, and Is
pronounced by the highest medical authorities "the
most powerful tonic and Alternative known"
Ask your druggist for it.
For sale by JOHNSTON, HOLLOWAY d CO.,
nov16-4w Philadelphia, Pa.
Wilmington daily commercial., 1874-11-28
1926 THE 1874

(1HEST PROTECTORS, OF RABBIT
~ Skin OF ordinary and extra large gixes, at
&. BRINGHURsT d CO.'S
The New York herald., 1874-09-27
THE TURF.
L,LEETW00D ASSOCIATION.

| E'LEBTwooD ASSOCIATION.
Fall Meetins, 1874
| FIRST psS@4uSbaY. pssis = = sEFrExBsR 1ns "a
4 ss.tisrsSa's Pate! bay bay ssidias S;ias WIN. Walsh
4. snyder's bay reldng J. n. Nansuay.
gray esy fsHinS sedias fass Sfc'''
H. casey's roam mare Rosa sonhurg.
oFsFsss nFsSH say Tsssi Banker.
r coinee's bay ssld,ng oo@es
sav as Sss5:
%ssE. 5sy bay sssI"s T5saT ss5sf WOOD
". G. Irimbles chestnut mare Music
.. Mace's blnck mare Blanche.
q: 'sss; e A%;:
street depot at NJ sslsss Frin.n,
wx. II. VAN Corr, superintendent
a. ioIewns purses 70 Ss trot,ed e. a, neir Second
ran Mt sIS FIRST stObff plf@fkiD27 = Z ia October %
pS5sf lf sa tor ss': to or sss sss
$3.50 Ff 6SSD e bsTsAf6Rpi4 sS9ns fl S t9ra October a.
sesCna es5s @ X 70 hls f Purse S1 1 81 s s
ecoad 500 hira S ''s' ssss ss or j.
@ Sas 8 'sff ri hs ss
@ % b heats @ luss best % y n
In heats whore eight more horses distance
Sir n, a. ), Johnsons corner twenty eig nth street
Sn1 % I DC h to
orat Aorrisania' NJ WHT II VAN corr snoer;n,.,asn,
JAMES DArER, President
n Fall Meeting, 1874
Saturday. October s. '''''A'
"Wednesday, october 7.
saturday, october 10
s.sapdsy' SsanssSay; Ge,Sber oSSepfT II. H.
Races commence each day punctuaily At O'clock.
+ FIRST DHY"MoNbNY' sEFTEMBER rs1 Il MT M So i0'~
Purse Purse SS SS -sos EslsG sss ss,s slass; ssss
sEGoND 5aY-Tt kso2y, SEPTEMBER "a
Purss Purse No $3.50 10 = class
THIRD DDsY~WEDNEsDAY. SEPTEMBER 80
P1rss Purse No No. s-:sso ss% f9S rec s's.s 10 al
grand stand and ned 81 Badges to club hoase s Extra
Trains leave Harlem depot, Forysecond street at II 40
WIN. H. VAN CoTT Superintendent
pOsTERs FOR HORSE RACES, MEETINGS. &C,
an1 fheay fGnE a m he
Building.
THE GENTLEMEN,s DRIVING PARK ASSOCIATION
of rassa,c and Bergen Counties offer 5000 TO be
son; n y; tntres close October l. For particulars
~o'ooo IN pk1M7uMs.
srs 9Vs 1a ras q rss ocsoSes na
Purse Purse No. No. ?ssS ass} sss %innss ens: class
FSFss Far,s Ne Ne !; ssS Us siS sis:: sis:
Third day, Friday October 2a
Pnrss Pnrss no. no. ss1o% ssI t2o ssa s'sis class.
W. A. SNYDER; i ysssegs,ary; sss ~,
Paterson, N. j.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-30
SUIT AS TO DECLARATION OF Dr.
IDENDS.

Some important points as to the declaration OF
dividends were decided yesterday by Judge Van
Worst In q suit tried before him at Supreme Court,
Circuit, Part g. The Board OF Directors OF the
Newicnawanich Company voted, at o meeting
held on January 25, 1875 that dividend OF four
per cent be declared. payable that day, and that
another dividend OF icur per cent be declared,
payable at option by the company's agent. A
question arose, under this declaration OF div
tdends, between Charles f. Hill ana other parties.
as to which was entitled to such dividends. In
his opinion Judge Van Worst says that the declar-
alton OF both dividends was absolute that the
dividends thus TO be paid were TO be paid out OF tue
property and assets Of the corporation; that they
were payable to the parsons VINO owned stock on
the day the same were declared, and that it would
seem Just to regard stockholders who were such
on the day Of the declaration OF the dividend as
the persons who should receive It, and that any
other construction would put 1t in the power OF
the person upon whom the option was cast TO fix
the day OF payment so that he might act with ad-
vantage to himself by purchasing stock at price
deprecated through such postponement. AS on
she DAY OF the declaration OF the dividend the
plaintiff was not the legal owner OF any stock, but
the scrip for his shares having been pledged to the
Park Bank, he holds that the latter had legal title
80 the stock and to the dividend declared on Janu-
airy Is, 1878. There are other complications, but the
above is the only point of public interest.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-30
BROOKLYN.

On the Fourth OF July q picnic will be held at
Pope's Park in aid OF st. Peters church and
under the auspices OF tie pastor, Rev. Father
Fronsioli.
James Kinney. ex-Deputy United States Mar
sha was yesterday appointed an oflcer by District
Attorney Winslow. The salary attached to the
position II 1900
George Young was committed yesterday TO await
future examination on the charge OF burglariously
entering the carpenter shop OF Charles b. Curtis
No. 81 Harrison avenue, and stealing $500 worth
OF tools therefrom.
The Coroner was notified yesterday to hold in.
quests on the following named persons, deceased
suddenly:-Brtdget Hickey, at No. $40 Flushing
avenue; Hugh Harkins, No. 81 Front street; Eliza
English, No. III Pearl street.
Retrenchment Is the order OF the day in Brook.
lyn municipal departments, and to day being the
last Of the month number OF employes OF the Az.
sessors ONCE will be discharged, while a few
clerks will be transferred TO tue Tax Collectors
ONCE
The annual parade Of the police win take place
this afternoon, under the direction OF Drill Cap
tain Jewett The line will form at balf-past two
O'Clock, on Fonrth street, the right resting on
South seventh street. The route, which is an ex-
tended one, taxes In the leading thoroughiares OF
the city.
John Cronn. about twenty years OF age residing
on King street. near Ferris street was drowned
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-30
IMPORTANT DECISION UNDER THE
USURY LAWS.

In the suit OF Dunkelstiel Franklin, tried be-
fore Judge Dononue, being an action to foreclose
, mortgage, Judge Donohue yesterday rendered
she following decsion:-The defendant sets up that
the mortgage was obtained rom her by fraud and
had no valid inception in the hands OF the mort
Hagee, which / find is true. The mortgage sold
she mortgage to the plaintiff at discount OF some
twelve per cent. At the lime OF this sale plaintiff
made no inquiries OF defendant as to the validity
Of the mortgage, but required a certificate OF It's
being a valid and bona fde document. A state
ment OF this kind was obtained from defendant by
yraud and the paper IN addition, on It's face, on
the facts not disputed, bears evidence OF fraud 1t
purports to be signed by subscribing witness,
who did not see defendant sign 1t. The plaintiff
proved, and relies it estop the defendant from
her defence. / think under the authority OF Will
cox Howell, A N. Y, 1893, 1t is not sum-
Gent. That reviews the whole qnes-
tion, and 1t is hardly worth while to
reconsider the cases here. The mortgage in the
hands OF the mortgage had no validity, and do
not think 1t has in the hands OF the plaintn
The argument Is pressed that the defeat OF the
paintin Will destroy confidence In this class OF
securities. If that would be the effect OF the dect
n those TO deprive parties situated as TO this
defendant OF their rights. But diner with plain
tin in the argument 1t Will compel little more
care in ascertaininR what are the facts on which
parties are dealing There was no want OF time.
Little had to be looked into. and yet plaintn could
not take the trouble to see the party whose prop
erty he seeks to hold and ask her II the mortgage
was valid. The transaction looks TO me like an IN
tentional EFFORT to know nothing and rely on a
statement obtained no matter how. Complaint
dismissed.
J. W. Gerard for plaintiff and Dudley Field for
defendant,