The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-07-28
TEE SALT LAKE Herald. SATURDAY. JULY g. 1884,
with interest, from which the defend


ant appealed.
The Judgment of the lower court
was affirmed. Miner delivered the
opinion, Merritt and Smith concurring.
BACON VS.. McCHRYSTAL.
L. w. Bacon, plaintiff and respondent,
VS.. John H. McChrysta1 and Noah Nc
Chrystal, defendants and appellants.
Appeal from the Third district court
Judge Bartch.
This was an action brought by re-
spondent to recover from appellants
the sum of $1,000 paid as part of the
purchase price under verbal contract
for the sale and purchase of land, with
interest, etc. Judgment was rendered
against John A. McChTystal for S1,500.63
and from the order overruling the mo-
ton for a new trial this appeal is taken.
The lower court was affirmed. Smith
delivered the opinion, Merritt and
Miner concurring.
A GOOD DEAL IN A NAME.
Barton Bros, appellants. VS.. The
South Jordan Mercantile and Manufac-
turing institution.
The action was originally brought by
the plaintiffs to recover S570.70 for
goods sold and delivered, and judgment
was entered for the plaintiff. Prior to
that the z. c. M. I. had obtained judg-
ment against the same corporation for
s1,S93.19 under the name of South Jor-
dan Coop. Mercantile institution Omit
ting the word manufacturing" from
the name of the company and before
the T. c.. NJ L could amend, Barton
Bros. came in with amended judgment
and attachment, they having also COM
mitted the same error as the u. G. NJ l.
The T. G.. NJ L then demanded that
their judgment have priority over Bar
tons. The Third district court decided
in favor of the z. c. NJ. l., hence the
appeal.
The lower court was affirmed. Bartch
delivered the opinion, Smith and Miner
concurring.
AN INSURANCE CASE.
Perry c. West VS.. The Norwich
Union Fire Insurance company, appel
liant, from the Fourth district court.
The suit was brought to recover $4,000
fire insurance The complaint sets
forth that the plaintiff insured with
the defendant company two-story
frame building, 1922 Grant avenue,
the premium of $50 for one year. That
on March "a, said house, furniture and
fixtures were destroyed by fire and
that the loss was $4,000, and that the
defndant's proportion of said loss was
81. 900, which it refused to pay.
! The defendant in its answer alleges
that whatever fire occurred as stated
in plaintiffs complaint which caused
the destruction of said building was
caused by and on behalf of the plain
tiff for the sole purpose of defrauding
the said defendant and for the purpose
of recovering from it money for the de-
was knowingly and wilfully caused by
the act of said plaintiff and for and on
his behalf.
The defendant also set up that in
the policy it was provided that:
eff the subject of insurance be a
building on the ground not owned by
the assured in fee simple, or if the sub
iect of insurance be personal property
and be or become encountered by
chattel mortgage" then in either of
which events said policy was to be
come void; that in violation of the
terms Of said policy and conditions
said building was standing on leased
grounds and the personal effects with
in said building were mortgaged by
the plaintiff by chattel mortgage in an
amount equal to the value thereof and
that said plaintiff concealed said facts
from the defendant, whereby said pol
icy became void and of no effect
The jury in the lower court found
verdict for the plaintiff, assessing the
damages of 81, 500, from which the de-
PENDANT appealed
The judgment of the court below was
affirmed. Bartch delivered the opinion,
Merritt and Smith concurring.
CRAWFORD VS.. SESSIONS.
Charles Crawford, appellant, VS..
Byron Sessions as receiver
The case came up on appeal from the
Fourth district court-Judge Miner
The facts in the case were that in
March, 1899 Charles Crawford applied
to the court for the appointment of
receiver of the property of his brother
William Crawford who had disappear-
ed under circumstances that indicated
that he was dead. He had left a large
amount of real and personal property
a portion of which had been attached
by various creditors. The court ap-
pointed Byron Sessions as receiver and
the court of chancery took possession
of the estate through the receiver
While the property was in the hands
of the receiver Charles Crawford filed
a suit in the district court for money
alleged to be due him, levied upon
some 1000 or 5000 acres of land, had
the United States marshal take possess
sion and was proceeding to obtain
judgment, in rem, against this real
estate. Upon the return of the writ of
attachment showing these facts, the
receiver moved the court that the writ
of attachment and the levy thereon be
discharged and the property be restor-
ed to his possession which motion was
granted and from the granting of
which Crawford appealed
The judgment of the lower court was
affirmed.
CHAMBERLA1N VS.. WATERS.
L. z. Chamberlain, appellant. vs. W.
". Waters and Ogden City board of
education Judgment of lower court
affirmed.
Bartch read the opinion which was
concurred in by Merritt and Smith.
CUPIT VS.. PARK CITY.
Thomas Cupit VS.. Park City Bank,
defendant and respondent CThird dis
trict) Judgment of the lower court
| dissolving and discharging the attach
ment set aside and the cause remand
ed for further proceedings.
Miner delivered the opinion, Merritt
and Smith concurring.
DISMISSED
In the following cases motions for
rehearing were dismissed:
George c. Whitemore VS.. John H.
Harris, Joseph Cablentz VS.. The
Driver Mercantile company ct al. L.
A. Scott Elliott VS.. G.. C. Whitemore,
joseph e. Gallagher VS.. The Yosemite
Mining and Milling company, Martha
/ Turner VS.. Wells, Fargo & Co, Martha
Turner VS. Union National Bank ct al,
Martha Turner VS.. Utah Title Insur-
ance and Trust company ct al, Peter
Wilson VS.. F. J. Kiesel.
SHORT ORDERS.
Elizabeth 3. Tucker VS. Salt Lake
city; fifteen days additional time given
to perfect appeal by the defendants to