, 1881-11-25
LATEST NEWS SUMMARY.
BY TELEGRAPH TO DATE

the transfer made by Gen. Fris6le, of the
Mexican Pacific Railway, of the conces-
sion TO the Yuma < Guaymas Railroad
Co.
Another storm at Macmillan. Seven
vessels anchored III the harbor were
driven out TO sea, two schooners Deacheu
and TWO rats with petroleum destroyed.
No lives lost.
The minister of justice has issued strict
orders to the county of Norfolk, OF when
Long Point is portion, TO stop the prize
fight between Holden and White at all
hazards.
Mrs. Catherine, wife of W. H.. Glenn,
lsundryman at Santa Cruz, on the 10Th
died suddenly from Il dose OF cyanide OF
potassium, but whether taken with sui
cidal intent or not is not stated.
The verdict of the jury at San Rafael ,
Cal, is that Mrs. Prince was killed by IL.
Osborn with an axe, cutting gandsmashlng
her head, and that Osborn committed
suicide with stIychnine.
The pugilists, White and Holden, went
into Ohio and pitched ring two miles
east of Conneaut river. After three
rounds a constable stopped the fight.
which the referee declared draw.
Emperor Francis Joseph will send an
autograph letter to King Humberl in or
der to remove any misunderstanding IN
regard to the recent speeches OF Van
Kalay ard Andrassy i'll the Hungarian
delegation.
IA. Poorman, of Paw Paw, Ill, and
two children ate pancakes Tuesday last
mixed with arsenic, used by mistake for
baking powder. PoOrman has since died,
and it is now reported that the children
cannot recover.
A cyclone struck the premises OF Matt
+. Ash, near Madison Station, Col, on
the 18th, completely demolishing and
carrying away all the buildings, and Sc
verely injuring Mrs. Ash, her two chill
dren, and four other persons.
A. Yaqui, convicted of numbering Il
Mexican by beating his brains out, was
shot outside of Herrmossila, Mexico, on
the 3lst alt He refused 10 he blindiolded
and met his fate staring at the live SOL
diers who shot him.
An Alamesa special says: Sheriff Smith
and posse after long chase and running
fight captured and jailed four notorious
horse thieves at ConejOs- There were five
thieves in the party, one of whom was
killed and one wounded. Their names
are not known.
By heavy slide in deep cut on the
line of the narrow gauge railroad near
Colfax, Cal, an engine was slightly dam
aged and several freight ears ditched.
Conductor Mendenhall and Engineer
Craig were slightly bruised. There will
be no through trains till to morrow morn
ing.
At San Jose on the 18th a severe shock
of earthquake was felt. The oscillations
were from north to south. The strangest
part of the circumstance WAS that 1t was
raining at the time, our earthquake usually
occurring in dry weather. At the South
ern Pacific depot the shock was sufficient
to upset pile of grain in sacks.
The following is the probable COMPOST
ton of the new French ministry: Gam
beta, president of council and minister
offoreign affairs; Casot, minister oijustice;
Waldeck Rousseau, minister OF the inter-
ior; Paul Bert, minister of public instruc-
ton, Reuirer, minister of commerce;
Cochery, minister of posts and telegraphs;
Allemain Tango, minister of finance;
CompInion, minister of war; Goujeard,
minister of marine; Profit. minister of fine
arts, Deves, minister of agriculture, and
Rainal, minister of works. President
Greyy has accepted the nes ministry.
Decision was rendered in the supreme
court of the u. S. on the 18th, in the case
of Davis & Perry VS.. Wells. Fargo < Co.,
which settles some points in the law of
guaranty that hitherto have been subject
to controversy. This court holds that
where a man III consideration of one
dollar to him in hand paid executes and
causes to be delivered to B an uncondi-
tional agreement to guaranty payment up
to i specified amount of C's present and
future Indebtedness to said b, il ia mol
necessary for Il to formally notify the
guarantor A of his acceptance of the
terms of the agreement, or to keep the
latter informed from time TO time of the
omount of C's Indebtedness. in the opin-
ion of this court the written instrument
IN question is not merely an offer to do a
certain thing which to be valid must be
formally accepted by the party for whose
benefit it is made. 1t is, on the contrary,
a completed contract by virtue of the ac-
acknowledgements which il contains, of the
receipt by guarantor of a valuable consid-
Grafton for services To be rendered. Pay
ment to the guarantor of II stipulated con-
sideration IS sufficient notice to him that
his agreement is accepted, and he is by
the instrument itself stopped now from
denying that such consideration was re-
oeived. The fact that the consideration
was merely nominal makes no difference.
a stipulation i'll consideration of one
dollar is just as eflectual as if the sum
were larger. With regard to the obliga-
tiOn of guarantee TO notify guarantOr of
the default of a debtor, this court holds
that where the guarantor suffers loss or
damage by reason or failure o' guarantee
10 give him such notification he is TO that
extent released, but both losses. "laches"
of plaintiff, and loss of defendant must
concur to constitute a defense. The judg-
ment of the court below in favor of Wells,
Fargo & Co. is correct.