Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1890-05-22
NOT YET BEATEN.
DECISION IN THE HENRY CASE
NOT so BAD AS REPORTED.
His Attorney Thinks That II Will
Only Work Delay in Terminating
the Litigation Between Henry and
the Travellers Insurance Company.

the Litigation Between Henry and
the Travellers Insurance Company.
Hon. j. r. Burton, who was in the
city yesterday, having just returned
from Denver, where he had an oppor-
tunity to see the full text of Judge
CaldWell's decree rendered in the case
of 7. c. Henry VS. The Travellers In
surance company, says that the fist
reports which were sent out by the
Travellers Insurance company proved
to be misleading and greatly exagger-
ated their advantage. Judge Gald-
well simply found that certain items of
indebtedness should be regarded as
personal, and must be paid to the Tray
elers Insurance company, Overruling
the master, who determined that while
the obligations were made by Mr..
Henry personally, the entire proceeds,
together with more than S150,000 be-
sides, were put by him in the canals
involved in the controversy. With the
exception of a delinquent account
growing out of the mal-administration
of Mr.. Carpenter, his partner at Abb
lene, amounting to about $36, 900, and
which Judge Caldwell decided should
be charged to T. G. Henry, and which
goes to make up the balance against
him, the effect of the decision simply
is that Mr.. Henry has correspond
ingly additional amount invested in
| the properties which the Travellers hold
as collateral. The judgment against
Mr.. Henry amounts to about $S8, 900,
which he is required to pay within four
months, and upon the payment of the
same would be entitled to all of the
collateral which the master found the
Travellers had withheld from him.
This collateral is now worth over one
million of dollars, and Mr.. Henry could
in sixty minutes, if the collateral could
be returned to him, procure the amount
necessary to pay this judgment. 1t
cost him five years ago nearly $4,000
and has rapidly increased in value
since. The difficulty is, however, that
the Travellers has parted with the col
lateral, mainly, and in other instances
so changed the status of the properties
represented by the collateral, that it is
impossible to restore it to Mr.. Henry.
and consequently Judge Caldwell per-
mitted Mr.. Henry to file a supplement
tai bill for the purpose of taking the
necessary steps to prove the value of
this collateral. The value of the
collaterals to him is increased by
the amount which he must pay
the Travellers on the judgment,
together with s92 900, which the mas
ter found in his favor, less the Abb
lene delinquent account. In other
words he will show that the collaterals
had cost him about S150,O00 more than
OnOOA L1O A4eSoOOI . lCPOLO W as ouO"n w
be the fact. Meanwhile, the title to
these properties is the same as it has
been for five years and can not be alien
ated. Mr.. Henry has the right to file
supeisedeas bond, which his friends
are ready to aid him in furnishing, or
he can simply file bond for costs and
let the Travellers undertake to enforce
their judgment which, in the face of
the fact that they have got to account
for the value of the collaterals to Mr.
Henry means that the whole matter
will remain in statu quo.
Judge Caldwell refused to disturb the
decree in favor of Mr.. Henry hereto
fore rendered by Judge Brewer, but al
lowed the insurance company the right
of appeal.
1t is the judgement of Mr.. Henry's
attorneys that the effect of Judge Cald-
wells decision will only work a delay
in terminating the litigation between
him and the company, but that Mr..
Henry in the end will not only win this
suit but also his suit for damages
against the company.-[Capital.