The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-05-30
SUPREME CoURT-MAY %.
REPLEv1N-pRopERrY OBTAINED BY FRAU

ACKNOWLEDGEMENTS OBTAINED BY FRAUD
1927. Noah Brewer Vs. VIM. H Goodyear. MI
ami C. c.
Elliott, J.. Where one knowing himself
to be insolvent conceals his Insolvency
from the vendor, ana buys goods not intending
TO pay for them, he perpetrates a fraud which
II the rights OF innocent third pnrties have not
interviewed. (93 u. s., 63l, and cases cited. 10
III, Y; 81 Ind, 2l2; Pom. Ell, sec. 906)
Such fraudulent intent may be established by
circumstances, and need not be proved by direct
evidence. Judgment will not be reversed be-
cause counsel in argument deduced ami stated
erroneous conclusions from the evidence, such
stigmatiZing Gs the dishonesty of the defendant as
robbery wnen in strict legal sense, the charge
was incorrectly made, 1873 Ind, $50; IA c. L. j.,
4O61 Judgment affirmed.
PUBLIC srREET-UsE FOR CANAL PURPOSES.
7,944. City OF Logausport VS.. Ebert II. shirk
White C, C.
Howk, i'm L 35, the State located and after
ward constructed the Wabash and Erie canal,
extending over a portion of Fifth street. in
the city OF Logansport, the street having
been dedicated to the public use by the
parties who originally plated the adjoining
lands. No damages were assessed or paid to
the owners OF abutting lots nor did they OF the
city rehnquish to the State their rights In the
street. In 1875 the canal was abandoned by the
State and sold and conveyed to one Fleming,
who conveyed it to the appellee, who claimed
the street, where 1t had been occupied by the
canal, as his private property. 1t has hereto
fore been decided that the State obtained fee,
and not a mere easement in the land used for
The rule of stare declss requires an adherence
to this decision, although it is not fully APPROX
cd. But the easement of the public in the land
was not destroyed by the appropriation made.
1t simply remained in temporary suspension
during the use OF the land for canal purposes,
and when the canal was abandoned the original
easement OF the public and abutting lot-Owners
in the street revived, and constituted an exist
ing estate in the land which the owner of the
fee could not obstruct or destroy. 90 Ind, 240;
z Ind, 8, 80, 479j ID, 3TS.) Judgment re-
versed.
ACKNOWLEDGEMENTS RECEIVED IN TRUST.
9,z85. First National Bank vs. Silas r. Nugen.
Delaware c. e. Hammond, j.
Action by appellee to recover for money paid
on debt in which he claimed to he surety,
The fifth paragraph of answer alleged that the
appellee received large amount of property
from the other makers OF the note, with which
he agreed to pay of the note, but failed to do 40,
and converted the property TO his use. This
named the ap5elIee became the npincinai az be'
tween the makers of the note, and cannot be
heard to complain until he shows proper APP
plicatiOn OF the property ana its insuiciency to
pay the debt Tor which lie received It, Judgment
reversed.
FIRE ACKNOWLEDGEMENTS
lo,o52 Indiana Insurance Company VS.. Phil
lip Brehn. Madison G. G.
Niblack, c. J.-When the policy requires the
insured to state all the incnmbrances upon the
property at the time of insurance, and
contains condition that any con
the policy void, failure to disclose all the in
cumbranoes the property is such a conceal-
ment ~ tnvaidates the policy. Wood Fire lns,.
sec. liz May i'd, sec. 900 10 Peters. SOY; Ind.
1922 The conversion of an ordinary sleeping
apartment into house OF aesignaton and pros
tuition, kept in n disOrdeTly manner, 10 a ma
terial change In the occupation of the house
within the meaning Of the policy. To action
Oh policy Of insurance the company pleaded
arbitration Reply: That the plaintiff was in
duced to enter into the arbitration by the fraud
ulent representations OF the defendant to the
proper construction TO be placed upon some OF
the terms Of the policy, and that one of the arb.-
traitors was a member of the insurance com
pany ana interested In It's behalf. Held Mis-
! representations as to tho obligations imposed by
the policy made after the property was de-
stroyed, were misrepresentation TO matters
of law and not Of fact, upon which the
plaintiff had no right to rely. az Ind,