Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-12

CASE DECIDED.-lDe OupteiHo Soi' Va
Wednesday fled its decision in the case Of
Beals against Croly, of this city, which de-
c;sion Is as follows: ut is clear to US that
A NAV deliver to B personal property with
instructions that B deliver the same to Z.
and if such delivery to B is with the inten-
ton on the part of A to pass the title to D,
so as to make it Gift, it is good, even though n
| r does not deliver the property to y until
| after the death of A. Ii Mrs. Morgan de-
| l;yered to the defendant the 81, 54S for which
This suit was brought, with instructions to
deliver portions thereof to parties named by
her fthe aggregate OF the portions not, now
ever. amounting to the full amountl, and II,
at the time of such delivery, she INTENDED
that the title to the money shouid pass from
her the gift was complete as soon as the de-
fsndant had possession of the money. The
findings of the Court below can be sustained
upon the theory that Mrs Morgan intended
that SO much of the money as she CID not
direct to be paid to the other person named
should be retained by the defendant, The
Judge of the Court below must have Deheved
such to have been her intention and there is
some evidence upon which to base such be-
lief. The written reply of the defendant to
the demand of plaintiff for the money does
NOT necessarily negative an idea OF glft; 1t
is merely q statement of the facts freVions
to her death she gave me the sum OF Sz,2io,
81, 5S2 of which has been paid out according
to her directions previously given: a pal
ance of S966 still remains in the Odd Eel
lows' Savings and Commercial Bank, less 10
per cent. which l have drawn, and tor which
Mrs. Morgan gave me no directions as to the
disposition Judgment and order afllrmed.
The decision was rendered by Justice Myrlck,
and concurred in by Chief Justice Morrison
and Justice Sharpstein. Justice Thornton
dissented. saving: LAS to the 1856, L think
there was no gift. The evidence shows
none"
A DEAF RIDE.-The engineer of the Col
fax and Sacramento local train made an un-
successful attempt yesterday forenoon, near
Rocklin, to drive a thoroughly deaf man off
the track by whistling at him. The man
was walking with his back to the approach
ing train, and the engineer, supposing he
would get out Of the way, ran SO close before
he tried to stop that the pilot struck him and
threw him off at one side. The train was
stopped, and he was picked up in an uncon-
scious condition. He was cared for upon the
train, and when it reached here had become
himself again, given satisfactory evidence
that he was so deaf that he could not hear
particle, and slipped out of the car on the
off side, without giving his name or thanking
the conductor for his ride.
ASSESSMENT REDUcTIoNs.-The total re-
auctions made upon the assessment roll of
real and personal property by the Board of
Equalization of this county amounted to
$50 934. OF this amount 100000 was in
r l.. - DoD1- SS0 0ll IN,
Huntington. HOPKINS & Co., $50, 900 to Baker
L Hamilton, $4,000 to the Peoples Bank,
and the remainder in small sums, and some
of which were corrections in cases of double
assessment, etc. The 100000 in favor of
the Sacramento Bank was an arbitrary
assessment made by the Assessor, and
which, Mr.. Houston claims, the Board had
no right under the law to change. He has
notified the Auditor not to extend the reduc-
ton, and will carry the matter to the Courts
to sustain his position.
EVENING CoNcERr.-The plaza open-air
concert this evening viii commence at 7:45,
instead of s o'clock, as heretofore. The pro-
gramme, which has many numbers of lively
music, will be as follows: Grand march,
Signal Service;' grand medley, Pop
Corn )" waltz, Wine, Wife and Song ;"
schottische, First Love-" quickstep,
Nancy Lees" grand selection, mixed up;
polka, "Dot p waltz, Dashing Beauty ;"
march, " Early in the Morning" Hartman's
"Home, Sweet Home" with variations
galop, " Goodnight"
REPAIRS CoMPLETED.-The repairs to the
steamer Modoc. made necessary by her in
luries from running upon the Two Brothers"
rocks in the bay short time since. have
been completed, aud she again made her APP
pearance at the K-street wharf yesterday
morning. having resumed her regular trips.
Police ABREsTs.-The only parties taken
into the embrace of the city Jail yesterday
and until midnight were Lucy Harlow, for
disturbing the peace, arrested by officer Levy,
and Robert Freeland, who sought quarters as
ledger from the iuclemency of the night.
SALE OF REAL EsrATE-A trustee sale viii
be held on the Sd of September. 1881, in
front of the Courthouse, when lots and 3,
between | and J, Thirteenth and Fourteenth
Streets in this city, WILDE sold to the highest
bidder
IMMIGRANTS. -Eighty-fo immigrants will
arrive from the East this afternoon by over
land, OF which sixty-four are males.
PIGEON SHooT.-There is to be grand
pigeon shoot at the Agricultural Park day
after tomorrow.
NOTARY PuBLIo.-rhe Governor has APP
pointed A. NJ. Acton as q Notary Public for
Fresno county.