The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-06-29
THE RECORD OF THE COURTS.
suDerior Court.

The following decisions were rendered in gen.
eral term yesterday.
912 Francis NJ. Churchman ct al vs. The
CITY of Indianapolis. Reversed. Howe, j.
When the mortgages BIDS in the property at
sale for street assessments, presumably to pro-
tect his rights, he stands no better than any
other purchaser, the assessment proceedings be-
ing totally defective, and the city ia not liable
for a repayment to him of the money so paid.
r. In such case, if a right of action be conced-
ed, the statute of limitations began to run at the
date of his bid f3) In order to take the case
out of the statute by concealment, there must be
more than mere silence-a positive affirmative
act. That the deed stated that the lands were
legally liable and that the assessment had been
duly and properly made, is but the opinion OF an
official, and did not bind the city. upon which
plaintiff had no right to rely.
905 Jane Kline VS.. National Benefit Associa-
ton. Reversed. Howe, j. Taylor, j., dissents.
"A benefit association issued a certificate OF
membership providing that, in consideration,
etc., the receipt whereof is hereby acknowl-
edged, a sum not exceeding $1,000 should
go to Jane Kline, wife of the insured.
his decease and that if he received bod
lily injuries of a specified kind he should be
Unidentified weekly. In the application the
amounts of admission, dues. etc., were stipu-
lated. It also included binding receipt
which, IL it contained number, should be con-
elusive evidence that the above amounts had
been paid. The certificate further stipulated
tHdL IL % lucOLtcStIole LOT any CAUSE GA
cept fraud, misrepresentation, or failure to
report any change of occupation that
would increase the hazard. The applicant
was given the binding receipt containing
a number with the certificate. but he did not pay
the cash, but gave an order on his employer. on
which was indorsed IF this order is not paid,
then all my rights IN said association are hereby
forfeited" This order was never paid. The in
sured was killed. In an action the certificate
by his widow, Jane Kline: Held that her rights
yyQYa moi nd nv nr-
payment of the order
93l Charles f. Raschig vs. Charles E. Clark
ct al. Reversed. Howe J-When a non-nego-
table note is void under the act of 1862 which
provides that where patent right forms part
or whole of the consideration, the words 'given
for patent right shall appear above the sigma
ture, it is void in the hands of an assignee
907 Martin E. Burt va. Charles H. Denney.
Affirmed per curiam. Appeal taken.
90S Ohio L. Wade VS.. Arthur Timberlake.
Affirmed per curiam. Appeal taken
9l7 Isaac Dunn, guardian, ETC., VS.. George w.
Calvin. Affirmed per curtain.
$50. George W. Holton VS.. Sarah F. Williams.
Affirmed per curiam.
932 Albert o. Ward vs. Emma Wulschner
Affirmed per curtain. Appeal granted
$40. s. A. Fletcher, jr.. VS.. Thomas H. Sharpe
ct al Affirmed per curiam on the intervening
petition of Charles III. Lanier ct al
GAL Same VS. Same Judgment affirmed on
Intervening petition of Board of Trade
Room i--Hon Napoleon b. Taylor judge
Observation-Disclosures a. Barnes VS.. Edwin B.
Noel ct al; injunction. Motion for new trial
overruled.
Robert Remington VS.. The c., L., St. L. & c.
Railway Company; account. Motion for new
tria; overruled.
Joseph Denunzio vs. Giacomo Rebori ct al :
attachment. Dismissed
John Sedwick vs. Reuben Nelson; mortgage
Judgment for $50. and mortgage foreclosed.
Edward c. Egan VS.. Robert H. Adams note
Judgment for $l382l.
Julius Freiberg ct al VS.. Joseph Langbein: &C
count Judgment for $685. II.
John Canary VS.. Philip Winkler ct al note
Judgment for $4,000
d aniel Moore VS.. George Ann Moore; divorce
Granted; cruel treatment.
To day-Cail: 1880, Mary HARRINGTON vs.
Supreme Lodge u. o. of FL. 347S1, Martin a.
Henly ct al. vs.. Albert W. Wshard ct al.
Room 2-Hon. d. W. Howe judge
Observation-Disclosures & Savage Lumber Com
panv vs.. Oliver II. Castle ct AL; suit on note.
Finding and Judgment for plaintiff for $3.50 Is.
Casabianca Byfeld, trustee, VS.. j. S. Coffman
ct 81; suit on note. Finding and Judgment for
plaintiff for 1862 "a.
Ora Coan VS.. Sydney Coan; suitto modify de-
To-day-Call: 354l4. Emma S. Fowler VS..
John Thee. Fowler.
Room Sion. Lewis c. Walker. Judge.
Yesterday-Ella Clancy vs.. VIM B. Clancy;
divorce. Granted on grounds of cruel treatment.
WILDER B., Allen ct al. vs. VIM. D. Murphy ct
al; mechanics lien. Judgment for $38. "a against
James NJ Cochran and for defendant Murphy.
Elizabeth III. Tyner VS.. Harriet P. Vansickle
ct al. notes Dismissed at defendants cost
George Reyer ct al VS.. Matte Hanson ct al !;
partition. Commissioner reports sale and same
approved.
To day-No special call
NEW SUITS.
Room 3-Nathan E Field vs. VIM r. Collins.
injunction 356l6, Colby Wringer Company VS.,
j. w. Porter ct al. garnshment