The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1884-12-02
Judgment Rendered Agains
the Ohio Street M. E.
Church in 1880.
The Celebrated Case Revived
by the Affirmation of the
Supreme Court
What Some of the Leading Mem
bers Say Concerning It.

Street M. Z. church to recover money paid
by him as security on a note given Cyru:
Newark for money for church improve.
ments The case was called In the Pettis
county circuit court January 18th, 1880
before Judge VIM. I. Wood, Messrs. ShIrk
Smith and Sampson attorneys for the
church and Messrs. Heard and Jackson for
Plaintiff, Bushong. The trial occupied
four days and created a great deal of talk
and interest. A large number of witnesses
were examined and dispositions read, the
general tenor of which went to show that
the sum of 81 $50 had been borrowed from
CYRUS Newkirk upon a note endorsed by
Bushong and others, and that Bushong had
been appointed 10 90 east and collect funds
10 pay IL. Failing to do this, the debt fell
back upon the church and Mr.. Newkirk
sued Bushong and received from him the
amount, and this sui: was brought by
Bushopg to recover from the church. The
trial resulted in the rendering of the fol-
lowing verdict for the plaintiff:
James w. BushoDg VS.. Chas. 6. Taylor,
Frank Sampson, Z j. Smith, Chas. Nc
Laughlin, J. w. Mills, Jno. Rippey and
Mat Zener, trustees of the M E. church.
Now at this day this cause is again taken
up and the court having heard the evil
dence and the argument of counsel and be-
ing fully advised in the premises doth find
that on the LIST day of January, 1868, the
Methodist Episcopal church was and ever
since that time has been and now is the
owner and occupier of the following de-
scribed real estate situated in the city of
Sedalia, Pettis county, Missouri, to wit,
lot No. s end rs feet off of the south ends
of lots 627 in block No. 5 in Sarah E.
Smith and Martha E. Martins first addI-
ton 10 said city, the legal title to which
said real estate and the appurtenances
thereto belonging was during all said time
and now is held by the duly elected
and constituted trustees of said nj. Z.
church in trust for the purpose and in the
manner set forth and required In the dis
cipline of said Church, and the court doth
further find that the defendants are the
duly elected trustees OF said church, hold
ing the titles TO said premises. as aforesaid,
and the court doth further find that on and
prior to the 18th day of January, 1868, the
sand church, acting by and through its
proper trustees and agents, undertook 10
raise money and funds for the purpose of
finishing and completing a house of wor-
the use and benefit of the members of said
church, at Sedalia, Missouri, and that in
order to raise said funds and money, pro-
cured loan from Cyrus Newkirk, amount
ing to 81, $50, BEARING interest at the rate of
ten per cent. per annum, and payable on
the 18th day of January, 1869, for which
said sum SD loan of money, the said church
caused a note to be executed to said New
kirk, bearing date, January 1lth, 1868, due
in one year, and bearing interest at the
rate OF ten per cent. per annum, from date,
and procured the said note to be signed by
this plaintiff an! certain other parties, and
which said sum of 81 $50 was paid to and
received by the said church, ard used and
applied by said church in the finishing and
completing of said house of worship, on
said premises as aforesaid, and the court
doth further find that the said church
made certain payments on said note, and
hat in the year 1874 large amount of said
note remained unpaid and that
ior the balance of said note
remaining unpsid, the said Cyrus
Newkirk the holder thereof brought suit
against this plaintiff, as one OF the signers
Of said note and on the 26 day of May
1874, recovered judgement against this
plaintiff for the amount then due on said
note in the sum of 81 ,2SS.SS with ten per
cent interest,", per annum, thereon, and the
,onrt doth further find that on the LIST day
Of July 1877 this plaintiff fully paid of
and satisfied the said judgement to the
said Newkirk and that no part of the same
has ever been repaid TO this plaintiff.
Wherefore, the court doth find that the
said NJ. Z. Church was, and is indebted to
he plaintiff, on account of the promises In
the sum of S1,947.46.
Wherefore, il is ordered, adiudged and
iecreed, that the plaintiff have judgement
Tor. and recover of the said NJ. Z, church
he said sum of 81 ,947.46 with six per cent
Der nnnum, interest and the court doth
further find that the said NJ. E. church
holds the above described premises by its
trustees, as aforesaid, for the use and pur-
pose set forth in its discipline for the bene-
81 of It's members at Sedalia, Mo-, and that
The Aforesaid debt was incurred for the ben.
lift of its said members at Sedalia, Mo-, and
hat said church owns no other property
,ut of which said plaintiff can enforce pay
nent of this judgement and that the said
Judgement is a proper charge on the real
estate herein before described and the APP
purtenances thereto belonging, and that
he plaintiff is entitled TO have the same
sold to satisfy the judgement and Interests
and costs thereon.
Wherefore, the court doth further order,
adindce and decree that the above describ-
ID real estate and the appurtances thereto
belonging, be sold TO satisfy this judgement
With interest and the costs of this suit, and
that special execution issue in favor OF
on this judgement commanding
.he sale of said estate and appurtenances.
[Signed. WIN. L. WOOD, Judge.
January, %, 1880.
From this decision an appeal was taken to
the supreme court and here the matter
rested until Monday last, when, as stated
in yesterdays BAzoo, the judgment OF the
circuit court was affirmed, entsiling upon
the church the payment of S1s4, 746 with 6
Der cent. per annum for four years
and the costs of the suit or something near
5000 in all. =,