Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1888-11-22

gument of the motion made by Mr.. JOS
lin at the close of the evidence to the
jury, that the court instruct the jury to
find verdict for the plaintiff for the full
amount demanded in the complaint, with
interest thereon as demanded; and also
the argument of the law point, whether the
contract Of insurance was for five years
or for but one year, being the point upon
which all the other cases of similar char
acter on the calendar turn, occupied the
attention Of the couro the entire after
noon. Court reserved it's decision and
excused the jury until Monday at 9 a. m.
SATURDAY EVENING.
The grand jury came in and announcing
that they had finished their labors, were
discharged by the court in a few appro-
pirate and we'll chosen remarks.
MONDAY MORNING SESSION.
On the opening Of court, the court
overruled the motion of the plaintiff in
case Of the st. Paul Fire & Marine In
surance Company VS. VIM. T. Melvin, to
instruct the jury to render a verdict IN
favor of the plaintiff. The court held
that the contract of insurance was not
for five years, but for one year, with the
privilege of continuing it. The court
further held that the insurance company
could only receive compensation during
the time that it gives the farmer insur
ance ard in this case Mr.. Melvin Only
had insurance for three months, while
the company SIZES him for the premiums
for Eve years. AS Mr.. Melvin had paid
cash premium for one year in advance
the court finds there is nothing due COM
pany. The attorneys for the defendents
in the different insurance cases say that
this decision of the court practically set
ties all the cases in which the St. Paul
Fire Il Marine Insurance company is the
plaintiff. The jury having been duly
charged by the court, returned verdict in
favor of ,lefendent and against plaintiff.
The plaintiff is granted stay of 60
days 20 move for new trial or prepare
appeal.
Cases, Nos. Il, :S and S6 we're set for
trial Friday Nov. @.
Case No. 1O1 set for trial Monday,
Nov. Goth.
St Paul Fire & Marine insurance Co.,
VS. r. w. Coleman; jury waived and being
tried to the court, Judgment was render
ed in favor of plaintiff and against de-
fendent for the first installment $9.4O,
with interest from July Ist 1888. The
question of taxation of costs to be raised
to the court hereafter. and consequently
stay Of execution OF Judgment granted
until the decision of the later question.
The final decision in this case to govern,
as per agreement of counsel, cases of
same plaintiff VS. John Walker and Joseph
Nogosek, and Samuel Ferguson. and
Anders Forsberg and Richard Billings,
and Peter Cullum and VIM. Homuth
and B. r. Broughton e Co.
At noon recess jury had been empanel-
led in the case of VIM. Short respondent
VS. The N. P. Elevator Co., appellant and
the taking of testimony began.
The taking of testimony in the case Of
VIM. Short, respondent, VS.. N. p. Eleya-
tor Co..appellant, concluded and case was
given to the jury. In this case the plain
tin brings suit to recover from the de-
fendant the value of about fifty bushels
of wheat, which was taken from the
granary of plaintiff, as alleged. by third
party, and sold to the defendant.
Mr.. Bartholomew being unable to be
present, Nickeus & Baldwin conducted
the case for the plaintiff; Thomas & Da-
Wis for defendant. Verdict rendered for
plaintiff for $53.S3. Defendant gwen
forty days to move for new trial and pre-
pare bill of exceptions.
The following were admitted to citi-
zenship: John Thoson, Hans Peter Lo.
renson and Michael Emo.
The case of James Kneen, appellant,
vs.. VIM. Morrison, respondents; Mr. Rob
inson of Fargo, fer plaintiff, and Mr.. Da-
Wis of LaMoure, for defendant, was tried
to the court on agreed statement of facts.
In this case plaintiff brings replevin
against defendant to recover the possess
sion of certain property, claiming right
to possession under chattel mortgage.
The defendant claims that the plaintiff
is not entitled to the possession of the
property under the chattel mortgage, be-
cause at the time of the commencement
of this action the mortgage had not be-
come due, and the debt was as safe and
secure at the time the action was COM
menced as it was at the time the mort
gage was given.
Case argued and taken under advise
ment by the court.
The call for tomorrow, the 2lst. is Nos.
As. SO and 92
TUESDAYS SESSION.
The following were admitted to citizen
ship: Hermann Freise and Adolphus
Rodney.
The case of Albert H. Glaspell VS.. The
n. p. r. r. Co., was called on the open