The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1889-04-05

Davis Rankin; 20. vs.. Pembina Cream
cry Go. q. H. Megquier and Mr.. Howe,
of st. Paul, for plaintiffs and W. j. Knee.
shaw and w. F. Ball, of Fargo. for dc.
fendents. The case was set for Wednes.
day, aud lis outcome was matter of
mucl, interest to our citizens generally.
On Wednesday morning Mr.. How made
the statement, that they were forced to
ask continuance or dismiss. as the prin-
cipal witness for the plaintiffs, Mr.. Lin
coin, while on luis way to this city had
died in Chicago last Sunday. Mr.. Lin
coin was the agent for the plaintiff CONF
pany and superintendent the building
and furnishing Of the creamery
and the plaintiffs attorneys are them.
selves doubtful if any case can be made
without him. Case was dismissed with
accrued costs against the plaintiffs.
VIM. Billiard vs.. Minneapolis & North
ern Elevator Co. Billiard sold or stored
about 1900 BUSHES of wheat to defend
ants. On this wheat were two chattel-
mortgages. The two mortgages were
paid by Merrill, an agent of the Compa-
ny. About that time Merrill was dis.
charged and Thomas Nelson was placed
in charge. Plaintiff claims that the
wheat was only stored, that the defend.
ants agent. Merrill, sold the wheat and
paid mortgages without plaintiffs autllo-
rity. Defence claims that Merrill was
not the agent of the company ut the
time mortgages were paid and that Mer-
rill was authorized by Billiard to pay the
mortgages. Billiards evidence as to the
authority given to sell was fatty contra
dicted Ivy Messrs. Parker, Nealson, and
deposition of Merrill. lii the words Of
Tennyson Somebody blundered" and
in the opinion of the jury it was the de-
PENDANT rs they gave verdict for the
plaintiff Of 1928. that being the balance
due linn OH difference of account in the
amount Of wheat stored.
Wedncsday.-Ellcn Shay VS.. r. G..
Donovan and a. z. Coblentz, W. L. Ball
and W. j. Knecslaw for plaintiff and
J. NJ. Cochran and u. III. Mcgquier for
defendants. Mrs. Shay, by herself and
agent, L. W. Connly. agreed to sell u
piece Of timber land 10 r. C. Donovan,
through A q. Coblentz, his agent, for
Isl 500. The land adjoins the town site
of Neclle, where the parties reside. A
deed was made and signed by Mrs. Shay
and delivered to Donovan. Donovan
did not pay ut that time but awaited an
abstract. While waiting. Donovan and
Coblentz went over the land, concluded
it was not worth what they were to pay
and notified Mrs. Shay that they could
only give her 81 600 for the land. The
defendants claim, that Mrs. Shay agreed
to Sell ut this price and that the deed al
ready signed and delivered should re.
main as the transferred instrument.
They also CLAIM that Mrs Shay accepted
s25 in hand as part payment. Mrs Shay
claims that she cannot read or write,
that she did not know that she signed a
deed, that she never agreed to sell for
$1,000, that she supposed she was get
ting 81 800, that the 1926 was present
and WIS SO stated by Mr.. Coblentz when
he gaveit. Her testimony was straight
contradiction Of that of Messrs. Coblentz
and Conmy, who were witnesses for the
defense. The argument before the jury
was opened by Mr.. Kneesllaw for plain
tit, answered by Mr.. Cochran, of Grand
Forks, for the defendants and closed by
Mr.. Ball. of Fargo, for the plaintiff.
These appeals were by far. the most elo-
quent incisive and stirring OF any yet at
this term ofcourt. The room was crowd
ed and the efforts Of Mr. Ball SO pleased
the audience that they broke into APP
plause, and only the threats of the court
to clear the room kept them within
bounds. The verdict was reached by
jury in about half an hour for the plain.
tiff, for damages asked $500 and the
land.
Thursday.-Joseph A. Proctor VS..
Thomas II. Young. Stack & Hoskins for
plaintiff and Mclaughlin for defendant.
action OH promissoiy note. Judgement
for plaintiff.
Robert Anderson VS.. G. II. Asscltinc
and ID. Il. Flemmins. Robert Muir and
Il. ii. Coriss for plaintiff and 4. w. GafT.
ney and z. j. Mclaughlin fordefendants.
Action for damages on account of Il prai-
rie fire. Defendants were usinga thresll-
ing machine, and plaintiff claimed to
have traced the fire to the spot where
the machine had stood, though the fire
occurred III the afternoon between two
and four o'clock, and the engine had
been taken away at ten o'clock. After
evidence was in, case was settled by
parties for $25.
Territory Of Dakota VS.. A. ellis. W. J.
Knceshaw for the territory and Robert
Muir for defendant. Charged with steal.
ing II harness from james ellis; charged
with receiving stolen property, VS.. the
defendant.
i Evidence showed ellis sold the liar.
ness to j. Is. Stefan of Batllgate
that lie told the owner where it could be
found; that he told Sheriff James lie
knew it was stolen when he sold it. Ac.
cnsed stated in his own defense that lie
sold the harness to one Mat. Mathison
but did not know il was stolen, though
he admitted that he told the sheriff il
was.
! William Decring VS.. James Gargan.
| NC. Young for plaintiff and I. W. Calf.
ncy for defendant. Action on promis-
sorry note. Witness for defense not pres
ent, and answer withdrawn. Judgment
for plaintiff.
j Joseph Chapman vs.. r. Aylen. II. ].
Ross and G. II. Corliss for plaintiff and
W. j. Kneesllaw for defendant. James
Carey owned tract of land near brew
cry, in Pembina. This land was sold to
X. Aylen for taxes and deed issued TO
Him. After this time Carey sold to Jos.
Chapman, part of the standing timber
OIL the land, Aylen then warned Chap
man not to cut any wood there and
went to work exiting wood himself.
Chapman then replevined this wood
that Aylen had cut and suit was brought
to hold the wood. Besides the tax
deed Aylan also had bought third i'm
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