Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-08-14
An Interesting Decision.

On the 18th instant the Supreme Court
filed its decision in the case of the Sacra-
mento Lumber Company vs.. Wagner and
others, a case taken up from the Superior
| Court of this county. The facts, as pre-
scented to the Court, were In February,
! 1881, John and Helena Wagner, being hus-
band and wife, bought certain real estate.
AT the time OF the purchase Mrs. Wagner
paid one-third of the purchase price with
money which was her separate property
and for the other two-thirds they gave their
JOINT promissory note. Shortly after the
| purchase they commenced to erect a build
ing on the premises, and obtained lumber
and material therefor from plaintiffs The
lumber and materials furnished were
charged to John Wagner, the husband. On
the 4th day Of April, 1881, the defendants
reconyeyed the property to Michael Wag-
ner, their grantur who held it until the
llth day of July following and then, for the
expressed consideration OF 81, conveyed it
back to defendant, Helena. Between April
1th and July 18th the construction of the
building was continued and materials
therefor were furnished by the plaintiffs
and by Hartwell, HotchkiSs & Stalker. and
charged to John Wagner. At the time of
the conveyance to her on the 18th of July,
NAtltiAiAtALIlt IIGitlItis ecu 10 pay the DIS
, against the property, including the bills
due the plaintiff and Hartwcll, Hotchkiss
d Stalker, and this, she told the scrivener
who drew the deed, was part of the con
sideratiOn of the deed to her On the same
day she went with her husband to
the plaintiffs managing agent and told
him that she owned the property and was
going to pay all the bills, and wanted to
know how much discount the plaintiffs
would allow her if she paid the cash She
also went with her husband to the place of
business Of Hartwell, Hotchkiss Il Stalker
and asked for their bill, and said she was
going to pay ii. The bills not being paid,
lIartwell, Hotchkiss & Stalker assigned
their bill to the plaintiffs, and this action
was brought to recover the amount of the
two bills. The defendant John, appeared
and consented that judgment be taken
against him as prayed for III the complaint
The defendant, Helena answered with n
general denial and plea of coverture. The
case comes here on an appeal by the de-
1endant Helena, from the order denying
| her motion for new trial
The fact that the appellant was married
| woman cannot, says the Court avail her in
this case. She was not disqualified by rea-
son of cOyertWe from entering into a con-
tract OF the character indicated in the rec
ord. In this State either husband or wife
may enter into any engagement or trausac-
ton with the other, or with any other per
son, respecting property, which either might
| if unmarried" (Civii Code, Section 1857
| The appellant accepted a conveyance ot the
! property, and aS part consideration for
that conveyance promised to pay the bills
sued on. Even II the obligation to pay
! them rested on john Wagner, or Michael
Wagner alone, still the appellants promise
E to them NIL hn.at,-., -,
writing, signed by her. Section 2794 of the
! Civil Code provides; "A promise to answer
Tor the obligation OF another III any of the
following cases is deemed an original obi
CATION OF the promisor and need not be in
writing
There were some other points involved
III the case, but the above are the chief ones
The Supreme Court affirms the Judgment
OF the Superior Court, in favor Of the
plaintiffs.
DEATH OF REV. DAVID DEAL.-A dis
patch was received yesterday by Peter
! BOIL, stating that the Rev David Deal,
D. D., formerly stationed at Sacramento,
! had died at San Rafael. No particulars of
his death are as yet known. Mr.. Deal was
one of the early pioneers of the State, and
had perhaps been engaged in the ministry
IN California longer than any other clergy
man Of the NJ. 4. Church, having COM
menced his labors as early as 1850, if not
before. He has served as Presiding Elder
of the Sacramento and other districts sew
eral terms occupied many important
charges; served as Chaplain in the Legisla-
ture, and was very widely known and most
highly esteemed throughout the State. He
has been pastor of churches in this CITY
several terms, and possessed here a multi
tude of warm and strongly endeared friends.
He was at the time of his death pastor of
the NJ. f. Curch at San Rafael, and is sup
posed to have died suddenly, as no infor-
nation had been received that he was ILL.,
lie was 81 years of age. His remains will
be brought 10 Sacramento for interment,
arriving here to-day, but whether at noon
or evening was not known last night.
No WONDER He D1ED.-A few days ago
word was telegraphed from Antelope that a
dead Chinaman had been found near the
railroad, between that place and Arcade
The Coroner directed that the inquest
should be held at Antelope, which was
done on Tuesday. The deceased was
found to be in a shocking condition, COW
cred with sores and the flesh of his feet
partly eaten oil by disease. The impress
sion prevailed that the poor creature died
of leprosy, or something akin thereto, al
though the jury that (metaphorically) sat
upon the body was unable to determine
the exact cause of death.
ACCIDENT TO SPRINKLER-Lstey ester-
day afternoon the forepart of the running
geal of one of the heavy street sprinkling
carts gave way at Tenth and NJ streets, and
let the forward end of the heavily loaded
tank down upon the ground with great
force 1t could not be learned whether or
not The driver was injured.
To-Day, mems gray-mixed lightweight
cashmere hats, with silk cord band, 90
cents. Red House.
LApIEs' French kid shoes, 81 so per pair.
Fed House.