davidaulloa/AmericanStories huggingface dataset:
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
tain this action. I see no reason why II
~ al not tha othef

could not the other.
Such clearly could not have been the
intention 81 the parties. The company
declared by it's policy what the effect oi
A default should be-. Ii also gave the
insured the right 10 come ia aud have
the policy revived, aud in my opinion
il has no other remedy. Ii is optional
with the insured 10 pay or not. III the
installments as they became due were
for earned premiums, the case wolid
be very different, but are not. Ihis
contact does not contemplate that the
insurance company shall have any re-
dress for a failure 10y Yost 10 pay IN
stallments, beyond that expressed In
the policy, namely, that "said policy
should be void during the continuance
of such default" [Clark VS.. Babeock,
% Mich, l67; Friedland VS.. Mcneil,
33 Mich, 43.
This policy, so far as appears by the
record, did not. like that of Wllllams
VS.. Albany Cityl Ins. 90. 10 Mich,
462. contain an express stipulation that
''in case the notes or obligations given
for the premium or anv part thereof,
be not paid at maturity. the full
amount OF premium shall be consider.
ed as earned" and the policy void
during the default.
am unwilling, therefore. to incor-
poraie a clause of like effect, by per
hitting the company to collect the
premium at it's option while avoiding
all risK, as such would be the elect u
its right to recover is conceded.
The judgments of the circuit and
Justice courts must be reversed With
costs.
American Insurance Co. vs.. Joseph Cougle.
Judge Cooley, with whom all the
Judges concur, says: "This case is gov
] erned by Yost vs. American Insurance
Company, just decided. The suit is
upon similar premium note. The
only peculiarity in the case ~ that
when the agent solicited the insurance
he fully explained to Cougle that under
the charter of the company the insur'
ance terminated at the end OF the year
for which payment was made In ad-
vance, and was only renewable at the
option OF the insured by the payment
oi another installment on the premium
note. II thus appears that the insur-
ance was effected on the distinct un-
derstanding that the contract bore the
construction which in the case OF Yosi
has been shown TO be the natural and
reasonable one. The judgment is af'
frmed with costs.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
yyo,,ps OF WisDOr.

Unreasonable haste is the direct
road 10 error.
Things past may be repented, but
not recalled. "
Love those who advise you, but not
those who hitter you.
All honest men will bear watching.
II is the rascals who cannot stand it.
A modest youth may become a conf
dent man. though never an impudent.
"No time is isolated; the present is
child Of the past aud parent OF the fu-
ture."
Mankind worships success, but
thinks too little Of the means by which
Il is attained.
An epithet or metaphor drawn from
nature ennobles art; an epithet drawn
from art degrsdes nature.
IL is little troubles that wear the
heart out. IL is easier to throw a
bombshell mile than feather-even
with artillery.
II hold it TO be q fact" says Pascal,
'that il all persons knew what they
said OF each other, there would not be
any friends In the world.
When people are scheming against
you, do not meet cunning with can
ming, or he that has the most of the
devil will have the best of the battle
For rich man to make a will thai
will please all his heirs is about as diff
fcult task as for an editor To print q
newspaper 10 please all his readers.
"Anger in dispute Is like an unquiet
horse in a dusty way-it raises such
cloud in the eye Of the understanding
that il obscures the vision, and impede'
its operations.
"Habits influence the character pref
" much as under.currents influence
vessel, AND whether they speed US OF
the way Of our wishes, or retard ou
progress, their effect is not the les
important because imperceptible."
: III the spring puts forth no blossoms
in summer there will be no beauty. an'
in autumn there will be no fruit. So
il youth be trfed away without i'm
provements, ripper years will be con
ismptible, aud old age miserable.
II mortals would but look at th
subject nationally. they would see tbs
IL is enough happiness 10 be free fror
sorrow, snd not bring sorrow upo
themselves by pining for happiness i
directions in which il was never ye
found.
II is not only paying wages aud si'
ing colafnauds that constitute a maste
Of family; but prudence, equal b'
havior, with readiness 10 protsc. en-
cherish, IL what entities mau 20 .thr
character in their very hearts aud ser
: iiments.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

~rm a worthless fellow. Judge, ="
said George Thompson In the FlIty.
seventh street court yesterday. I've
a s.family and / do not support them. A
toilipg wife. sir, who loves me too
much 10 make complaint against me.
Two little oues, who put their arms
shout nv reck and call me dear faith
err Idriuk and drink and can not
help il. beg Of you TO send me
'wbete cauuot taste liquor.
DO you wnt a month";?
"More than that. He bowed his
head in shame. More than that. sir
Three-yes, six moths. year. DO
make "a for that long. She viii lry b.
get ont. but keep me there. IL Is ny
last hope. -
His prayer was granted. IN. Y.
Herald.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
against his estate brought by the sur
vivors.
NOTARY PUBLIC.
fCurtis Va. COlby.l

l. Recovery may be made on a nota-
rvs bond for his misfeasance in know
ingly certify ng the acknowledgment OF
a grantor who has not appeared before
him, or in certifying to an acknowledg-
ment without reading it. 2. The liza
bility on the bond OF notary for false
ly certifying 10 the acknowledgement OF a
mortgage does not depend on the mort
gagee's redemption OF n prior mort.
gage. and the consequent reduction OF
damages.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

Resumption will bring 'he conntry
healthy iuAaiian ~ S301Om coo ia
ca.n. which added O. The s71o.W0. ono
az paper currency viii give ns fully ore
hiilian doiiar4 II mHufy- equal ~
tie demand ~ trade ~ much larger
rum then the country fvef had prfure,
aud a good deal better money; fnr
every dollar ni 10 vii be worth one
hundred cents.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

The Uniied States circuit court bas
reversed the decision Of Secretary
Schurz so that Kansas Pacific RAILROAD
lands. can not be preem ted. These
are said 90 be the best lands in The
west. Particulars can be obtained
from the land commissioner al Saliaa,
Kansas.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
rKelley Reynolds.l

A teststor began his will with the
words, "To my wife the provision made
for her by the statutes Of this state /
deem sufficient" aud after providing
sundry legacies TO others. he added a
clause giving TO his sou call the resi-
doe of my estate. after paying the
above bequests and legacies, and my
debts aud the expenses OF settling my
estate" Held, that he meant tn give
bis wife what she would have received
n he had died intestate.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

"Auyibing new or fresh this morn
iue7" reporter asked IN n railroad Of.
fcs. 'Nes. replied the lone occupant
n the apartment. "What is it?' quer-
"a the reporter. whipping out his
pocket book. Said the railroad man,
edeing toward 70 door, "that paint You
ars leaning against.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
SERVICE.
Hammond Us. Baker. |

/. The return of service endorsed up
on a declaration recited that the sheriff
'served the declaration Of which the
within is true copy" by =
livering, etc, "a true copy thereof, ard
OF the foregoing complaint and the
notice relating thereto. Hh, that the
use of the word complaint was an i'm
material error aud did not affect the
showing OF due service. 2. The sheriff
certified "that on the 9th day OF Sept.
1873. he served the declaration OF
which the within is a true copy on
John O. Hammond, and on the 1lth
day OF Sept. 1876, he served on the de-
fendant, Erastus l.. Hammond,
by delivering to said defendant, etc.
BED, that as the return clearly showed
that service was made on both defend
ants. the omission TO add the letter s
to the word defendant did not fatally
affect il,
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

A clothier has excited pablic curi0s =
Nv by having large sppls painted ou
his sicn. When Piled Tor an sxp'ara
lion, he replied. "lf il hadn't been 81.
an apple, where would the ready-inade
clothing stores be?'
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
TRovER,
tRogers vs.. BrlitOn. J

|. Trover will not lie for goods held
by a bona fide purchaser under sale
made in apparent conformity to gen.
uine chattle mortgage. 2. Acquies-
cence for long time in another's pos
session, with knowledge OF his claim OF
right and without asserting an adverse
claim, does not IN an action OF trover
give right to damages 70 be measur-
ell 10y the right of possession.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
PRACTICE.
Goodrich We. White.l

The pendency of foreclosure proceed
ings in chanceiy is no defense upon
the merits 10 an action at law, but as
the legal action is forbidden unless the
courts leave is obtained compiled
laws, section BAD. the proper way to
take advantage Of the pendency OF the
foreclosure is To move the court, be-
fore going TO trial, for a stay OF the le-
gal proceedings.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
sTATCrE or FRAUDS.
fCuriis vs.. Abbe.l

Where a wife, after correspondence
with her absent husband aud by his
consent, executed deed of his land,
leaving a blauk space for his sig.
nature, and received part Of the con-
sideratiou, bill will not lie TO COM
pei the husband to complete the execu-
ton Of the deed, even though he had
promised 10 do so when he returned. -
His promise, being oral. is within the
statute of frauds. aud the deed is to-
tally void.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
ASSIGNMENT -PARTNFRsHfp.
.ts,f--s. sr,..ff

I. Parol evidence is admissible 90
show that n judgment which has been
as,iened was actually collected for the
ben ft "a the assignors. 2 Where
partnership contained more than two
rirmhers aud one has died aud there il
nothing % show that all the rest to-
geth,r stood az one partner only, a
baiancc "a the partnership affairs in ia
vor OF the decelent cannot in an ac-
ton of law he Offset against a claim
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
Partnership.

A married woman who has lent mon
ey 10 firm of which her husband Is n
member, is entitled to recover against
the firm, even though the indebtedness
was contracted by her husband acting
in the firm name and without the
knowledge of his partners.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

Swell: "a saul yo
short CO z. without {
{ a ia OK. DO ~ In
~ r. n taICr Va
va Won want. Y "a s
jacket"
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
Reported for the Republican by II A. Clancy.
CONSTITUTIONAL LAW.
/
DAMAGEs-JUDGMENr.
lMcDermid vs.. Redpath.l

/. A contractor promised TO deliver
wheat at certain time, but did not do
so, and after repeated subsequent de-
mands aud promises. was sued. Held.
that damages for failure to deliver it
were properly fixed by the price at the
time he last promised. 2. Where a
case is removed from a Justices court
by certiorari and the circuit court sp-
proves the justices judgment, it may
properly enter judgment against the
plaintiff in certiorari aud his sureties,
adding interest 10 the date thereof, aud
give judgment anew for the gross SUN.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
NUMBER 1871.
Two feet Of snow at ontonsgou.

Two dealers at Lenaw'e, Clinton
county. have shi ipped 8 900 barrels of
apples this fall.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

A Grass Lake justice has just fined a
culprit S25 and costs OF suit (s6) for
procuring liquor for a person ~ tie
habit of getting intoxicated.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
PAYMENTS.
RnhInsnn v. How'll

Where payments alleged TO have
been made 10y a deceased debtor are
denied by the creditor, they are not
sufficiently proved by entries in the
debtors hand writing in an unusual
place in his day book from which the
Immediately preceding leaves have
bean torn
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

/. The knowledge OF an agent who
has sufficient authority to institute an
action based upon it, charges bis prin-
cipal with notice Of the facts on which
he acts. 2. There is no common OF
pasture in highways. 3. Replevin may
be brought under compiled laws, chap
ter 2l4, for beasts irregularly or unlaw-
fully distrained.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

Id 80 action 10 recover money col.
lected on . moTtesgs that has been ss-
signed by plsiptif 40 deiendsnL evil
deuce is admissible tending 10 shov
whether tho assignment was absolute
or not, aud on what consideration u
rested.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

John Purcell, George Bowers and
Hiram Upton have been arrested at
Dowagiac, charged with robbing Lee
Bros. store two weeks ago. They own
up.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
PUBLIC LANDS.
fRnmaIn Va Lewis.

Where it becomes necessary TO assail
the legal title established by patent
from the State, resort must be had to q
bill in equity and not an action of
ejectment.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

Freeman Beals. the lad who escaped
from the Reform School at Lansing
last July. has finally been caught thiev-
ing near Battle Greek and returned 10
his old quarters.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

/. Au instrument securing q single
creditor ont Of several on property
which, by it's terms, can be disposed
of only TO pay the secured debt, is an
equitable mortgage and not an assign.
ment for the benefit OF creditors, and
can be avoided only for actual fraud
2 An immediate and continuous
change Of possessions into the hands of
a mortgage is the best possible notice
OF his rights as against all others.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

The Hecla and Calument has declar-
ed it's regular quarterly dividend OF
Si00, 900. which makes its total pay
ments in this direction up to date sl4-.
800, 600.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

An administrator cannot, az a matter
OF law, recover from an estate the SUN
he has paid the widow to release her
right Of dover in lands sold by him
under a probate license; the statute
does NOT empower him 90 make any
such arrangement, and the purchaser
can buy only the interes, Of the estate.
The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12
IHAriwlokvs. Lalerooi. ]
GARNIsHMENT.
fIIackleT 4 Kanltz.

Judgment cannot be rendered against
a garnishee, whether he appeared on
the return day Of summons or not, II
his disclosure does not Prima fdeis
show a liability
The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1878-08-12
Briefly Told,

National Associated Press to the Star.
SAN Francisco, Aug. 12.-Montague'
last words to members of his troupe Were
'Its no use; God bless you all!' and fall
ing back be expired.
WASHINGTON Aug. 12-Webb c. Hayes,
the Presidents second son, is now at Fire.
mont O. Early in the fall he will be mar
ried to lady Of that place.
LONDON, Aug 12.-Thomas Forbes, alias
Crawford, who is accused of swindling Mrs,
Walker of Railway, N. j., out of 5000,
was arrested this morning on board the
steamship Adriatic.
NEW YORK, Aug 12.-In the long-distance
swimming match between Himmer and
Teulf, from Harlem Bridge to Staten Island
Himmer was ahead at Fulton Ferry at 1:3O.
The distance is twenty miles.
BosroN, Aug. ia young woman was
found last night on Pier No. 8, having fallen
thirty feet. She was badly bruised and had
one leg broken. She said man threw her
over the bridge-rail, and again that she
jumped over.
New YORK, Aug. 12.-The Potter Com
mittee met at the Custom-house to-day, Mr..
Potter in the chair, and Messrs. Blackburn
and Butler present Mr.. Matthews was not
present, and Butler suggested that his disc
bedience be reported to the House for ac-
ton. w. H. Roberts was notified to appear
before the Committee tomorrow.
The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1878-08-12

Eight and Walnut streets, will picnic neIt
Thursday, Ascension Day, at Inwood Park
A fine time and lots of fun may be Gntici-
pated.
A meeting of the Soldiers and SailorS
Memorial Society will take place this even
ing at the corner of Court and Walnut
streets. The meeting will be held in refer
ence to the proposed mass meeting at Day
ton, Ohio, on August l4th, at which time
the action of the Legislature in passing 4
law recognizing the Home for Soldiers Or
phans will be discussed.
The musical festival 10 be given by the
Sengerbund for the benefit of the Relief
Union and the two Orphan Asylums, viii
take place at the Music Hall on the 18th,
9th and 28th of September. The chorus
will number one thousand two hundred
and eighty singers, representing the seven
teen societies that compose the S9ngerbund
The orchestra will number one hundred
and twenty musicians and the great organ
will be used
The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1878-08-12
BISACK'S BRAWL.

Investigating the Cause of His BeRtA
Coroner Stitch, at 10 o'clock this mora
ing, began an inquest on the body of Her
man Bisack, OF No 80 Mohawk street, who
was struck on the head at the Twelfth Wand
primary polls, Friday, by Dominic Devote
DIR. G. Holdt submitted his post-mortem
examination. After describing the condi-
ton of the various parts of the body the
Doctor says:
SIN my opinion the deceased came TO his
death in consequence of some blunt body
having acted with excessive violence on the
skull of the defunct, causing a severe
conclusion of the brain and extrayasa-
ton of blood At the same time
if not after death-a slight luxation Of the
epistropheus and rupture of the left lateral
ligament between it and the atlas had
taken place. The instrument in deal
ing violence could not have been very
small nor very hard. Had it been
very small, say gun-ball or small
stone, flung with the force that has been re
quired to cause the changes in the cranEl
cavity. it would have perforated not only
the soft parts but the bone itself 1t could
not have been bowlder, or
club, or hammer, because, bad
any of these been brought to act, the soft
TISSUES WOtlN luOlCdle Ii, bney WUNiU "
lacerated, mashed. The fist of a powerful
man, if brought to bear with extreme foree.
would bring about such changes as found
in the post-Hlortem. can think of but one
instrument that might act similarly to the
fist namely, the sandbag. All the condi-
tions above stated might follow severe
blow with the fist without leaving any Sq
very slight traces"
w. H. Rowland, policeman, who was On
a car passing by, stated that he did not see
the beginning of the affray. He only say
Risack fall.
Geo. Kuntz, Officer Geisler J. Roller and
Frank Zimmerman testified similarly 10 the
statements already published. Most Of
them saw the fight and the striking Of
Bisack by Devote, who was standing back
of the deceased
The further hearing of the testimony was
continued until tomorrow. ....r
The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1878-08-12
The Courts.
PROBATE.
PROBATE.
The will of Josephine Pfeiffer was sd
mitted to probate,

PROBATE
The will of Josephine Pfeiffer was ad-
mitted to probate.
Drunkenness-John Mack, dismissed; 3.
S. each; Annie Jackson and Emma Howell,
5000 each; VIM. Thomas and John Hart
80 days each.
Disorderly Conduct - Dennis Tari,y,
Louis Westerman and John Kahkamp. s.
each; Stephen Roach, Henry Hafregger,
Louis Stockhaff and Joseph Newberg, dis
missed; A. Sewer, A. Swady, James Fields
and VIM. Anderson, continued to August
18th; Ed. Meyer, Rachael Finley and Ellen
Robinson, $40 each.
Assault and Battery-C Herzog and Jas.
Gerren, dismissed; Kate Tully, continued
to Aug 18th; Christ. Ruth, $40; Frank
Coats, So; James Hopkins Frank Coleman
18th.
Miscellaneous-Ed Morley, grand lar
ceny, continued to August 10th; Charles
Brown assault with intent to rape, contils-
ued to August 18th; Geo Huber, malicious
cutting continued to August l7ths
E. c. Speckt, carrying concealed
weapons, dismissed; John Ander-
son, committing nuisance, dismissed;
Chris. Schmitsdorf, Geo. Beckman and G.
Brocksmith, sporting on Sunday, dis
missed; John o. HaskeHs and Wiliiam
Haskens, petit larceny, continued 10
August 16th George Auberger, same, con-
tinued to 18th; Charles Warbcck, same,
30 days. John Mccall and Henry brennan,
failing to keep record, continued to August
18th; John Mack, assault with intent to rob.
continued to August 18th; Jennie Painter,
vagrancy, dismissed George Bigem, same,
continued to August 18th; Frank same.
5000; John Keefe, CARRYING concealed
weapons, 30 days j Johanna Schultz inc ,rri2i-
bility, con inued to Angus 17h; Arthur
Cross vagrancy, dismissed; Maria Thonp
son, keeping house of i'll fame.
The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1878-08-12
FRIEDRICH LUDWIG JAIN.
His Centennial Birthday Celebrated.
National Associated Press to the Star.

National Associated Press TO the Star.
BROOKLYN, n. Y, Aug. 12.-The Turner
Societies of Long Island celebrated the one
hundredth anniversary of the birth
Friedrich Ludwig jain by festival yester-
day at Ridgewood Park. Fully five thou
sand persons participated.
NEWARK, N. j., Aug. 12.-Four thousand
Germans, of both sexes and all ages. gath
cred at Union Park, Newark, yesterday to
celebrate the one hundredth anniversary of
the birth of Turn-father jain, founder of
the Turner Societies in Germany.
WHEELING, w. Va, Aug. 12.-Yesterday
being the one hundredth anniversary of the
Turner'S Society, as organized by Father
jain, it was celebrated by large picnic,
four miles froG this city. Fully five
thousand people were present. Large prep
arations have been made here to entertain
them from Ohio and Pennsylvania. Busi-
ness is generally suspended to-day They
are now marching through the principal
nies and three brass bands. At least two
thousand Turner's are in line of march.
They have another picnic to-day at Island
Driving Park. The city is beautifully dec
grated.
New York, Aug. 12-Yesterday being
the centennial of the birth of Friedrich
Ludwig jain, orders were issued by the
Central Committee, of St. Louis
that eighteen thousand Turner'S
of the United States should celebrate it and
the day following by series of athletic ex-
ercises in their several districts followed by
social gatherings.
This district comprising those of New
Nork, Brooklyn, Jersey City, Greenville,
Bloomingdale, Yonkers and Newburg, there
fore sent delegations yesterday to Turn
Halle"