The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-30
THE RECORD OF THE COURTS
United States District Court.
Hon. w. A. Woods. Judge.
To-day-No special call.
Supreme Court.


The following decisions were rendered Oct 20:
lila Catharine j. Walker, ADMINISTRATIVE,
VS.. Moses Heller ct al. Hancock G. C. Re-
versed. Howk, I'LL Nov. q, 1888 call day
of this court. appellees filed motion to strike
the cause from the docket The motion should
have been presented at the first sitting after
call day, and not later than Dec. r. but it and
the record were withdrawn by counsel until May
IA. 1884, when the motion overruled. May
81 1884, call day, both sides appeared and agreed
to submission; July II appellees moved to dis
miss; May rs they moved to correct the records
OF this court in regard to the appeal June 8 they
moved tor leave to substitute copy for the
original motion to strike off, which had been lost.
Held, that these pending motions should be over
ruled under the decisions relating to appeals by
executors and administrators under the pro-
visions of the statute regulating settlement of
decedents' estates. (2) Claim against de-
cedents estate, appellee Marsh alleged that In
1874 bank held note for $500, executed jointly
by himself and Dunbar, on which the
decedent was accommodation indorser. That
afterwards, in 1874 Marsh made another
note for 81. 900, Endorsed by decedent
and negotiated to appellee Heller; that
Marsh was embarrassed, decedent to secure him
self from less by payment of the bank note and
his endorsement, contracted with Marsh for lum-
Der, value 81, l66; tn at IL was agreed that moi
ETY. of the bank note should be deducted and
the rest applied on the 81, 900 note Suit was
brought on this latter note; Marsh defaulted and
decedent took an appeal which was still pending
In 1880 a new agreement was made between
Marsh and decedent, whereby the other moiety
OF the bank note was to be deducted and the
balance should be paid Marsh. Held, that
the agreement in 1880 abrogated the first one;
that such claim did not contain facts sufficient
to show prima facie that the estate is indebted
1902 William Proctor vs. Erastus B. Cole
Elkhart G. C. Affirmed. Elliott il An
order declaring party guilty OF contempt is not
such judgment as concludes him from main
tanning an action upon claim asserted against
he Norfy phncn fhn
contempt was issued e. Where notes are in
the hands of agent for the assignee, state
ments made by the assignor are inadmssible, as
he has parted with title. 3. In order to consti-
tute one bona fde holder of note, it must APP
pear that he paid value before notice of the
equities of the party who asserts a claim. A
nominal consideration does not make
one such holder 4. Feb. %, $780,
Henderson Cole assigned the notes. executed
by appellant to appellee. by separate instru-
ment. The notes were in the hands of an at
torney for safe keeping, and the assignment was
by an order. An order restraining their trans
fer was served on Cole Feb. 25. On the next
morning the notes were in possession of appellee
as assignee, when they were Endorsed in due
form. Two days after the assignment appellant
for ST. bought note on Cole and agreed to give
seller one-half the proceeds Held that the
assignment was an equitable one and could not
be defeated by set-of unless acquired in good
faith, without notice, and for valuable consider
alton: that appellant could not use his note as
such set of for such reason and for the further
reason that another party still had interest
in it.
1857 Amelia B. Mansur ct al VS.. John
Streight ct al Marion s. G. Reversed. Mitchell
G. IA complaint to recover real estate which
omits to aver that the plaintiff is entitled to pos
session is demurrable, and is not cured by YER
dict
1913. Peter Wolf VS.. Louisa E. Tinkle ct al
Lawrence G. G. Affirmed. collars, 1.-THE
ldence tends to show that appellant went to the
house of appellee, and while she, being in deli
cate condition, was In bed with her children. and
attempted to take improper liberty with her per-
son. In such a physical suffering. mental
trouble. anguish of mind, sense of shame or
humiliation, loss of honor and good name, are
proper to be considered by the jury in estimating
damages, and to large extent the amount rests
In its discretion and trial will not be
granted unless they are excessive.
122O6' Charlottesville & Southwestern Turn
pike Company Charles l.. Fletcher. Mont
gomery G. G. Petition for rehearing
1928 John E. Jones, ct al. vs. Milton S. OAR
nell. Montgomery G. G. Petition for rehearng.
11211. Western Union Telegraph Company vs..
Samuel A. Huff ct al. Tippecanoe G. G. Re-
hearing denied
To-day-In First National Bank, of Mauch
Chunk Pa. VS.. United States Encaustic Tile
Company. Oral argument will be heard
Superior Court.
The special term has ended. The judges sit
i'll general term Monday.