The Wahpeton times. [volume] (Wahpeton, Richland County, Dakota [N.D.]) 1879-1919, 1886-12-16

'S' AIeW VoOIS0 hammer. q
| o. H. Perry VS.. The Continental
Insurance company. This is one of
the cases of sharp practice INDUCED
in by that notoriously non-paying
Continental. The court instructed
the jury to return a verdict for the
defendant, plaintiff not showing
the agent as being authorized to
take insurance at the rate claimed.
P. J. McCumber for the Plaintiff.
Gen. Geo. P. Wilson, for the defend
ant. The jury:
O. s. White, H Eaton,
G. E. Stewart, S.Moulton,
Albert Bohn. Jas. Connors,
Jas Lynch, H. Retzlaff,
2. s.. Howe, Chas, Ladd.
Frank Pratt, Robert Clarke.
Kennedy & Lauder VS.. M. F. Prop
per. This is somewhat noted law
suit growing out of fight made by
Kennedy & Lauder against several
wholesale firms over stock of msr-
chandise at Walcott, in this county,
in 1883, and which has been tried
twice before the present term, the
former juries, respectively, disagree
ing, but fortunately it is now, so far
as this court is concerned at least,
settled, the verdict being for the
plaintiff in the sum If $1,968. We
have not now much time or space to
devote to this matter, which has
already taken an important place in
the history of the country--made
so not so much, we think, from the
really intricate and deservedly i'm
portant features touching CONNER
cial affairs, as growing out of sus-
picion and talk,by people who were
not posted on the merits Of the
affair. It..1tccurs that in 1881,
Kennedy &tLauder., a. E. Webbsr
and the latter's step-father, Mr..
Voedisch, found the Walcotts with
stock of goods worth several thous-
and dollars, about to fail for the
want of money to pay wholesale
men, went in and negotiated for
the same agreeing to pay 80 per
cent. of what the goods 'inventoried,
paying six hundred, dollars down
and taking mortgage for $4,000.
more, as testified to, by Mr.. Lauder
although for the $500 he could pro-
duce no eceipt. About this
time the wholesale people came on
and then the purchasers, Messrs.
Kennedy, Lauder, Webber and
Voedisch paid in money and securi-
ties some $4,4O0 getting a receipt
in full for every dollar the whole
sale men demanded on the compro-
mise. agreed to. Time went on
when Kennedy and Lauder sold out
to Webber & Co., but getting very
little money, took three notes for
nine hundred dollars each from
Webber & Co., payable at stipulated
times. Following on into 1883,
it was found that Webber & Co.
were in debt for goods. Then
Kennedy & Lauder make another
race, this time to get their own out
of a business they had been largely
the means of instituting, and took
a mortgage of $1,4O0 on the stock
in addition to a former chattle
mortgage Of some $500, latter how
ever, being thrown out of court on
account of the mortgagors having
been left in possession Of tho pro-
perty at the time it was given, but
held the $1400 mortgage good, Ken
nedy & Lauder having taken imme-
diate possession and closed the
store, there being no question
about Webber & Co.'s right of pref
erence in the matter Of satisfying
creditors, and they naturally pre-
ferred to pay the men who had done
so much to give them commercial
existence. There were of course
different phases to be placed upon
the various features of the longly
drawn out deal, covering two
years -or more, which the shrewd
attorneys for the defendants dwelt
upon and labored upon to
mystify and confound the jury
with a suspicion of fraud, but
there was the great overshadow-
ing fact and receipts prove to it
that the Rrst set of creditors were
satisfied in full in the sum of
$4,400 and the business replaced
upon its feet in different hands
comprising new deals and new pur-
chases and new life which again
drifted into trouble and the final
break up, in which there was no
question to in our mind, we having
heard this trial through. about
plaintiffs right to recover. !.
| The interest on the 81 400 mort.
gage ard costs making a verdict OF
$l,968.
W: N. Greene Of Fargo appeard
for the plaintiff and v. s. Stone Of
Fargo and Pyatt & Purcell Of this
city for the defendants. The jury
s. e. Stsbbins, A. Slotten.