St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-04-25

mo real estate had been found belong
ing to the deceased. and setting forth
the discovery and disposition of the fur
niture. The probate court then entered
its decree and was about to discharge
the executors, when Mrs. TownSend'S
other children. the heirs above
named, and now all grown up
and married. came in and con-
tested the matter. They complained
that there had been existing before and
at the time of the 'decease of their IA
Their, tie bond for deed heretofore re-
ferred to: that the deceased had paid
for the said bond great sum of money,
leaving, however, a balance to be paid
upon the bond to entitle him to con-
veyance of the property in question. In
conteSting the decree, the heirs aver
that Mrs. Townsend and her eldest son
should have paid this balance due on
the bond and taken the property for the
use and benefit of all of the heirs. AS
an answer to this the administrators say
that the deceased Townsend never paid
any consideration whatever for the bond
from Paulsen and that with his death.
the same was dissolved as having been
given temporarily and if paid for
to them be made perpetual. That
the elder Townsend died and
the bond became void unless
it had been hOnored with the amount
due thereon, which should cause Paul
the covenants of the bond. AS there
were no funds left by the deceased, no
other assets from which money could
be derived. the bond could not have
been, and was not, taken for the estate
by its executors. Then, when Mrs.
Townsend and her son William pur-
chased the same property of Paulson,
it was an affair wholly foreign to the
administration of deceased's estate.
Thirty years has elapsed since the
property was purchased by Mrs. Town
send. and has now become very valua-
BILE, and is worth about sl50,000. 1t
therefore behooves the other children
to secure. if possible, what they claim is
theirs. On the 18th of the present
month the probate court decided that
the heirs were not entitled to
an interest IN the property. and
that it was purchased in good faith by
Mrs. Townsend and her son William
with money belonging to them. and
not part of the estate of Townsend.
Yesterdays filing is an appeal by the
heirs who have thus been shut out by
the probate court to the district court
on a petition directed against Mrs.
and William Townsend, commanding
them to show cause why the property is
not put upon the estates inventory,
appraised and distributed to the petit
TONERS.
LEGAL BREVIT1ES.
Jennie Beddell was examined before
the probate court, found insane and
committed to Rochester.
In the case of r. L. Thompson against
Dennis Ryan, an action for legal serv-
ices rendered, Judgment was granted
by default.
Judge Brill appointed W. D. Cornish
as guardian, ad Item, for the petition
StOn and Thomas Harry Huddleston, to
appear and prosecute On their behalf
an action mentioned in their petition,
which asks that lot 16, block 30, of Rice
& Twins addition, to be sold for the
account of the heirs.
Philip Verplanc sues j. G. Wagner &
Co., to recover 1925 for goods sold and
delivered.
The appeal of J. J. Hill and G. 81.
Benedict from the laying out and eX-
tending of streets by the supervisors of
White Bear and Moundsview towns,
was heard by Judge Villas yesterday
morning. After the arguments pro and
con, the court denied the application.
ACCOMMODATION PAPER.
Until 1t Has Been Negotiated, the
Maker Can Rescind His En-
gagemeDt Upon 1t.
Judge Collins yesterday filed three
decisions in the supreme court. The
most important was that of the
Second National Bank of St. Paul, re-
spOndent, VS.. Howe Brothers, appel
lantS.
Defendants are dry goods dealers in
st. Paul. Testimony considered tends
to establish that the note upon which
the action is brought was given the
evening before its date as accommoda-
ton paper to one McLain, to be dis
counted by him at the plaintiffs bank
the next day; that it was signed in the
firm name by William Howe, one of
the defendants, without the knowledge
or consent of James Howe. his partner;
that upon being informed of the trans
action, James promptly objected to the
use of the firm name for McLain's
benefit, and at the opening of the bank,
next morning, was upon hand to
notify its officers that the firm reScinded
the engagement evidenced by the note.
The testimony also indicates that the
officer to whom this language was adj
dressed assumed to know McLain's
financial standing, assuring Howe that
he need not be afraid of him, and that
he was rich and responsible. Where
upon, and solely upon the strength of
these assurances, Howe modified his re-
session and revocation by authorizing
the bank to take the paper. Because
of the position taken by the court at
this point in the trial, no more wit
nesses were called by the defendants,
but they offered to show that at the
time of the conversation McLain was
insolvent and in failing condition, all
of which was we'll known to the officer
with whom the conversation was had;
and that the defendants were wholly
ignorant of the facts in regard to his
pecuniary condition. Upon objection
being made to this by the plaintiff, the
objection was sustained and a verdict
ordered against defendants, the court
holding that the testimony already in
and that which was rendered did not
constitute defense. The higher court
is of opinion that the trial court erred,
and reverseS its order. The reasons
for this are set forth in the following
syllabus:
Syllabus-First-An accommodation note
has no validity until it has passed into the
hands of third party, for value.
Second-Until it has been so negotiated the
maker can withdraw from and rescind his
engagement upon it.
Third-Notice to an active managing Of
ficer of an incorporated bank given during
banking hours and at the usual place of bus
mess, is notice to the bank.