davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
MAY RESCIND IN PART.
SUPREME COURT SO HOLDS IN A REAL
ESTATE DEAL
wHERETHERE WAS NO FRAUD

Cannot Resoind as to the Party
Who Was innocent OF the Mis-
understanding-He That the
Park 4 Nelson Lumber Com
pany Has Evaded the incor-
poration Law.
The supreme court yesterday handed
down twelve decisions, five of which
were written by Judge Mitchell, and
seven by Judge Collins. In the case of
John j. Donlelly, respondent, VS..
William Cunningham ct al, defendants,
and George W. Wentworth, appellant.
Judge CAVITY concurs in the result
reached by the court, but not in the
reasons given Tor eXempting Wentworth
from liability. The Judgment of the
lower court is modified. THE action
was one TO reScind and set aside a con-
Veyance of real estate To plaintiff from
defendant Wentworth and recover back
the purchase money from both defend
ants. The case comes up on the plead
ings and findings of fact, without any
case or bill of exceptions" The sylla-
bus follows:
John j. Donnelly. respondent VS.. William
Cunningham Ell al, defendants, George ".
Wentworth, appellant. Judgment modi-
fed. MITCHELL, j.
c. II w. were equitable tenants III
common of lot, but the legal title was.
as they supposed, wholly i'll w. Z. was
employed by ID. as agent to purchase
some property for him. G. purchased
for ID. the lot in question, and procured
for him conveyance from w. C., by
inadvertence and without any intention
to defraud D.. failed to inform him that
he was Interested in the lot. w. acted
in entire good faith and did not know
that e. had failed 10 inform ID. OF his
interest in the property. Upon ascer-
taining that c. was interested i'll the
property, d. brought an action 10
rescind against both c. 4 w.
Held, that ID had right to rescind as
TO C's half OF the lot on the ground that
the latter had failed TO disclose his in
terest in the property; and the fact that
there was no actual or Intentional fraud
on the part of is immateria!
But. held also, that the facts found
did not entitle ID 10 a rescission as to w
that reSclssion as to him could only be
had on the ground of actual fraud or
bad faith, he not being the agent of ID
anu not occupying any relation OF trust
or confidence toward him.
An important case is that of The State
of Minnesota against The Park & Mel
son Lumber Company, respondent.
This Is proceeding by information
In the nature of quo warranto filed by
the attorney general to annul the re-
spondents corporate existence and to
have its rights. powers, privileges and
franchises adjudged and declared for
feited. The Object of these proceedings
is to protect public interests and to
warrant forfeiture of respondents
corporate franchises for mlsuser, it
must have been such as to threaten or
TO work substantial injury to the pub
lie"
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
DEMOCRATIC PRIMARIES.
Delegates to the Congressional
GnnVantinn To Eiant


Convention to Elect.
The Democratic primaries for the
election of delegates to the congress
sional convention to be held at Lind
strom on Aug. will be held this
evening. Following are the names of
the judges of the ward primaries of st.
Paul:
First Ward w. T. Young, j. E.
O'Brien, j. F. Kahn.
Second Ward--T. Clancy, P. McDon-
Third Wards. Marks. T. Darragh.
G. j. HenGy.
Fourth Ward-L. j. Casserly, John
Donnelly, II. n. Bowen.
Fifth Ward-J. S. Schneider, Charles
Lauer. j. t. O'Leary.
Sixth Ward-A. II. Miller, Joseph
Smith. M. Connors.
Seventh Ward-F Ford, E. Towle, 81.
Smith.
Eighth Ward - Tim Murray, Bill
Brewer. Tom Cummings.
Ninth Ward-Daniel Bell, Phil Klein,
f. S. Dowlan.
Tenth Ward-P. J. Clancy. c. j..
Buell., Ole Olson.
Eleventh Ward-J. d. Ratterman,
William Jones, James Mcdonald.
Delegates are requested to meet at
the Merchants hotel at $3.50 this even
ing to make arrangements.
The representation of the Tenth ward
is two delegates, instead of twelve, as
published by error in the call.
The Struggle With Canada.
International Rowing Regatta, Min
netonka Beach, July 80 and 81.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
Highest of all in Leavenng Powe-Latest Report
f>!a!l! kRskiiI's
ABSOLUTELY PURE

assumed most of the time as a result
of intoxication. In consequence the,
center board was used as deck for the
crew. 1t proved an admirable com.
promise, but required great agility to
successfully get on the other side of 1t
when tack was made. Two Young
ladies were out in cat boat alone, and
won the admiration of all by their able
seamaidenship. But few boats cared to
chance it.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

Robert L. Penney. as assignee of American
Exchange Bank appellant, VS.. William
ID. Lynn, as assignee of Gun Flint Lake
Iron Company, ct al, respondent Order
reversed. NITcuErI I
The findings of the trial court con-
etfued as meaning that a certain con-
lract was within scope of the powers of
corporation, and also within the scope
p the authority of the officer who exc
<uted it in its behalf.
a certain instrument held to be eff
fectual as an assignment Of a lease of
real estate for term of years as col
lateral security for the payment of
promissory note.
Ihe northwestern Land Company, appel-
liant, vs. Georgia A. Dewey and John
travis respondents. Judgment reversed.
COLLINS, j.
Application of the rule that when
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
VIOLENTLY INSANE,
Katie Walsh Attacks a Deputy
Sheriff

Katie Walsh was violently insane in
the probate court yesterday, and an
order was made committing her to the
Rochester hospital. She used very
strong and inelegant language in the
court room and to the attendants, be-
sides making an assault upon Deputy
Sheriff Irish. necessitating his calling
for assistance in conveying her back to
jail
Hattie Golden, a colored woman, was
adJudged insane upon examination in
the probate court yesterday, and will be
confined at Rochester.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
White Skirts, Drawers
and Corset Covers.

Not enough of any of these alike, or
nearly enough alike, to make them into
lots and quote prices, but enough of
them to make the opportunity grand
one to those who come. There are
mary bargains we'll worth looking after.
Children s Drawers. plain, with cluster
of Tucks, lSc to SOC.
chidren's Drawers, with cluster of
tucks and rufe of embr0 idery, i5c to
45c.
Infants fine Cambria Slips. 23c,
Odd sizes in C. p Summer corsets,
regular orice $3.50, for 75c.
cotored Dimity Gowns. in beautiful
sty ies, our own manufacture. at reduced
DrjceS
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
GOWNS.


A lot of Gowns of many differ
emf styles, some better some
poorer, but all worth 75c or 85c.
During this sale, while they last,
44c each.
Better grades and prettier styles,
all worth 81 or sf.25, for 64c
each.
Handesomer Gowns, worth S135
and $3.50, for Si.OO each.
Extra fine Cambria and English
Eoinsook Gowns, with face or en-
6roidery trimming, such as we have
sold for $500 to $500, for
S2.75 each.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

s400.OOO.OO worth of clear Dakota
lands and improved farms to exchange
for improved ST. Paul business property.
Will take property subject to mortgages.
Confidential correspondence solicited
from owners only. James E. Merritt,
IL Quincy street, Chicago.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
"Michiiim ackinac."
Gn 1920,


The climax of contrast is in 1894.
Visit this famous resort on one of the
500 Line excursions leaving st. Paul
and Minneapolis Tuesdays and Fridays.
Very low rate.
For further information call at 1877
Third street south. Minneapolis, OF 39S
Robert street, ST. Paul.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
....SILKS....

We have the only large stock of
Cheney Bros Printed India Silks
in the Twin Cities. We have the latest
printings on light and dark coiored and
tiack grounds, and our price is only
sec, This means saving to on of
4fc yard on the lowest price they have
been sold for oil through the season.
We ore selling White and Cream jap
nnese Habut1i Silks at Csc a yard
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
EXCITING SAILING.
Crew Used the Center Board for
Deck.

Sunday was very breezy day at
Lake Minnetonka, and though no yacht
is reported as capsizing, yet many
''came very near It," About O'Clock,
when the wind was the freshest. the
Verve started out from Spring Park
with Messrs. Osborne, Boutelle, Wins
low and Drew on board. She evinced
great ability as an imblber of water
ION the side" aud the sailing was SO
hard that it wore all the paint Off the,
rail, such being the position the boa
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

The state law librarian has received
Amendments to the Code of Virginia,
1877. and two yolumns Laws of Ken
lucky, 1869, and Vol. %, Northwestern
Report.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

real property on which a judgment
creditor asserts a lien is actually Occu-
pied by third party as a tenant at the
time the judgment is docketed, the
creditor Is charged with constructive
notice of the rights and interests of the
person from whom the occupant leases.
Held, that in this case, had the cred
ltOr made such inquiries Of the tenant
as were incumbent upon her to make.
She would have naturally obtained IN
formation that prior TO the docketing
of the judgment the premises had been
sold and conveyed by the judgment
debtor 10 another party corporation
the deed of conveyance not being re-
corded, and by the latter sold and con-
veyed to the plaintiff from whom the
tenant leased.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
Theirs Detective Service

Established 1871. Local offices, Germania
Life Insurance Bldg. cor. Minnesota and 4th
81. Investigations of legitimate character
undertaken for corporations aud individuals
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
MARRIAGE LICENSES.
DIED.

MOFFIT-In ST. Paul, at late residence, 657
Plum street, Sunday, July ~ at a. M,
wife of Charles j. Moffit Funeral from
above residence. Wednesday, July 25 at
p. m.
SILK-In st. Paul. at family residence, No.
376 Hall avenue, Sunday, July 20. at 30
p. m, Thomas NJ. Silk, aged thirty
years. Funeral from above residence,
Tuesday, July III at ga. IN. services at ST.
Michael's church $3.50 a. m.
BINDER-In st. Paul, Marvin r. Binder. the
little son of DR.. G.. A. Binder, died last
night. Funeral from residence, SIS East
seventh, Tuesday, 3 p. m. Friends of the
family invited.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
No dust by day,
No dust by night.
No duct v,hfla $3.50 80
NO
DUST.

NO No dust by night.
DUST. No dust while you eat,
No dust while you sleep,
But clean ride through wonderful
scenery; complete equipment, its own
sleeping cars and the famous Buffet
Library Observation Coach is what you
get if you travel by the Great Northern
Railway.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
The syllabus follows:

State of Minnesota, ex REL, II. W. Childs
Attorney General, relator vs. The Park d
Nelson LII mber Company, respondent.
COLLINS, j.
l. Under the provisions of Il. s.
1878, CHI. 81, sec. 126, it is incumbent
upon private corporation organized
under the laws of this state to have its
place or business and keep its books
therein to all extent necessary to the
fullest jurisdiction and visitorial power
OF the state and Its courts.
There must be substantial compli-
ance with the statute, and if there is
not the charter may be- vacated and the
corporate existence anpulled.
., Held in the case at bar that for
three years past the@statAte has been
deliberately evaded and violated by
respondent corporation.
The syllabi Ill the other cases are as
follows:
Peoples Bank of Minnesota. plaintiff. VS..
Mutual Investment Company ct al, de-
PENDANTS Writ quashed. MITCHELL, j.
Section Z. chapter 3, Laws 1855, max
Ing it lawful for an annuity safe de-
post and trust company" to become
sole surety upon any bond or undertake
Ing without justification or quaifica-
ton" is only permIssive, and does not
make 1t compulsory on the court to &C
cept it as surety without Justification or
deprive the court of the power to REQUIRE
1t to justify if its sufficiency as surety is
excepted to.
William Thompson, appellant VS.. John
Dale, Anthony Provost and Walter lie,
respondents. Order reversed.
MITCHELL, j.
In the matter of obtaining and en-
forcing judgments under the former
mechanics lien law Gen. ST., CHI. 80.
sec. s. the statute adopts the procedure
obtaining in actions to- forecloSe real
estate mortgages.
The statute regulating the foreclosure
of mortgages by action Gen. ST., Oh.
81 does not authorize in addition TO
decree of foreclosure the docketing of
personal judgment against the mortgag-
or, so as TO become lien OH his other
real estate, before sale of the mortgaged
premises and the application of the
proceeds upon the debt.
ghe Mechanics Savings Bank of Providence.
Rhode Island, appellant VS.. Houison
thompson, respondent. Judgment re-
versed. MITCHELL 7
a mOrtgagor, as principal, and others
as sureties, executed to the MORTGAGE
bond of indemnity to protect the
mortgaged premises against liens, para
mount to the mortgage, for labor and
material furnished or TO be furnished
for the construction of building which
the mortgagor was then erecting on the
premises.
BY reason of breach of the condi-
ton of the bond the mortgaged prem
ises were sold on mechanics liens. par
amount to that of the mortgage.
amounting to about one-fourth of the
value of the property, and the mort
gage security thereby entirely lost.
Held, that in suit on the BOND the
mortgage was entitled to substantial
damages. although the debt secured by
the mortgage was not yet due.
The question whether the measure of
damages would be the value of the
premises or 6aly the amount of the re-
movable liens, upon which they were
sold. not decided because not discussed
by counsel.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

William H. Croft. appellant VS. Duluth I'm
perial Mill Company, respondent Order
affirmed. COLLINS, j.
Held. III an action to recover damages
on account of defendants alleged neg
ligence, that from the evidence 1t APP
pears either that the plaintiff was
guilty of contributory negligence, or
that the chances for Injury to be sus-
tanned by reason of the alleged defect
were so slight ana remote that they
could not have reasonably been antlci-
pated by defendant.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
MANNHEIM R
Hnl)lHLRo.- '
Mammoth Sale of
Muslin Underwear

The entire balance of our Spring
stock is on our tables marked low
enough to sell quick; all the odd
lots, all the soiied pieces, all the
sluggish sellers. We mean to clear
out this stock, and we will. We
know tho effect of low prices, and
NO are trying them now.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

When Baby was sick.
When she was Child. saw H'f oa''oria'
When she became Miss, ' 0a''ofia
When she had Children, " ''0f'a
She gave them Castor.a
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
REVERSALS WERE MANY.
DECISIONS or TIE FEDERAL COURT
or APPEALS.
SCHOOL BOARD AT FAULT.

The Educational Body of Huron,
g. ID y, Not Permitted to Deny
Facts Certified on the Face of
the Bonds 1t issued-Several
Railroad and Other Cases Re-
Versed.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

WILLIAM j. SLEEPY, Funeral Director
Undertaking Rooms, 495 and Az Selby cor
ner Mackubin. Residence, 5l5 Dayton ave.
phone call 527.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

A town which through its supervisors
entered into contract with an inulvid-
ual for the repair of highway, includ-
ing the, destruction by fire OF brush
which has heretofore been cut and
piled. is not liable in damages for dam
ages caused by the negligence of said
contractor when burning the brush
under his contract.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

E. S. Hoyt respondent vs.. Inter Ocean
Building Association, appellant judy
ment reversed. COLLINS, d.
This case is governed by the deter
minatiOn in Heinbokel vs.. Association,
and the Judgment against defendant is
reversed.
Buck, j., absent, sick, took no part.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

Claus Hoinbokel. appellant VS.. National
Savings, Loan and Building Association,
respondent. Order affirmed.
COLLINS, J.
A non-borrowlDg member of mutual
building association, who has brought
himself within the rules by notice of
withdrawal, cannot bring an action and
take judgment against the association,
when under the statute, G. l.. 1891. CHI.
13l, sec. ~, as we'll as in the bylaws OF
the association, there is no money in
the treasury legally applicable To the
payment of his claim.
Charles Mcnamara, respondent VS.. John
Pengilly, appellant. Order reversed.
COLLINS, J.
l. Where the vendor has received
the purchase money OH contract for
the sale aud conveyance of real proper
ty, nc time within which a conveyance
shall be made being specified, he is en-
titled to reasonable time in which to eX-
ecute and deliver the deed, and ordina-
rily in such cases there should be de-
mand for the deed and refusal to de-
liver it before suit is brought 10 recover
the purchase money.
2. In some instances under such con-
tracts the neglect of the vendor to de-
liver q deed within reasonable time
may amount to or be. at least, evidence
of an intention to repudiate the con-
tract
8. Held, in the case at bar, that it
was error for the court below to take
from the jury all consideration of the
question of the necessity of plaintiffs
demanding deed before bringing an
action to recover the amount paid as the
purchase price of, the land contracted
for
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

Cut out this advertisement
and send it to the Globe, with
TEN CENTS, and it will be
forwardedto you, postage paid
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

A. B. & A Shute appellants. VS.. The Town
of Princeton. respondent. Order affirmed.
COLLINS j
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24
The Struggle with Canada.
FACTS AND FANCIES.

International Rowing Regatta, Min
netonka Beach, July 30 and 81.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-24

William Thompson. appellant vs.. John
Dale, Anthony Provost and Walter lie,
respondents. Order reversed.
The herald., 1894-03-23
THE UNEMPLOYED PROBLEM.
Is Single Tax the Remedy for
the Present Evils?
"BRck to the Lend" tho Cry, and VIII
That Effect a Cure?-Striking An
omaIy of Our Existing Indus
trial Con ndition.

Grave questions are now aflic!ing the coun.
try, aud along with them arises the problem OF
what is best to be done to allevia the condi-
tions which have forced tht m ieives upon u.s.
These hungry millions of unemploy ed are dis
tributed all over the nation, and, while they
are now orderly and patient, it cannot be tx-
pected that they will continue meekly to stsrve
and remain idle. These mobs of miserable be-
inss have appeared in all nations that have de-
cayed, and their appearance has always been
sure symptom OF impending dissolution.
With the presence OF the tramp there has also
come amongst us the multi. mil lionaire Do
the same causes produce both? Some main
tain they do. There are other things to look
at With millions of idle men, the prod uets OF
whose labor millions need there are billions OF
acres of idle land upon which they might ex-
ert their force, and billions OF idle money
awaiting investment at 2 per cent, which
would put them to work. Yet all these three
things, the bssisof all production, are lying
idle. Funny, ism it? With millions n eeding
clothing, the cloth mill shuts down because Of
an over prod uction of cloth upon the market;
with full granaries, men starve. Why is this?
The single takers say they can reme edy the
evil by levying tax on land values which
would restrict l5nd-holding to the users, and
squeeze out the speculator. VIII that create
cur?
Meanwhile, don't let US forget that auction
Of NJ. Germans tonight at No. 800 South
Spring street. All that iewelry and precious
stones must be sold. There is 500, 900 WORTH
and an auctioneer is doing the business.
These are hard times and hard-tim pr ces go.
Sale begins at p. m. and 1880 p. M. No. 800
South Spring street.
The herald., 1894-03-23
REACHING our on AL HANDS.

The writer we'll recalls riding out with
Major-Gsnsral Winfield Scott Hancock
on that gentemau's visit to Los An
geles after his defeat for president by
Garfield in 1880. The route lay through
the San Ga briel valley generally and to
the Sierra MAdrs foothills, and took in
the Sierra Msdrs villa. The general,
who was as sagscious as no was gallant,
addressed his companions in this vein:
"Gsntlsmsn, We are passing over ground
that is destined to be the most densely
settled and attrActivelY developed OF
any on earth"
Nothing could be truer than this ut
terancs, in cur opinion. What will be
actually Los Angeles will extend from
the sssshore to the foot OF the mount
aims. II will be one continuous city.
1t will not be on the plan OF the dsnser
portions of New York or London, but
il will be a succession Of beautiful
homes, one vying with another In aoral
and horticultu raj beauty. It will be
country too precious to be held in large
parcels, and here and there, as in Los
Angeles and Pasadena, genuine urban
life will characterize this expanss OF
thirty miles. Facilities of looomotion
are multiplying at such a rate, however,
that it will be very imm aterial whether
one lives in the central ortion of the
city or no.
Already Pasadena may be said to be q
arr hrTr Inn
stringing out along the whole way, sur
rounded by charming grounds, and
manifest destiny points to the filling up
of the gaps. The came may be said as
to Los Angeles and Santa Monica. All
along the way, from the City of the An
gels to the City by the Sea, there are
springing up houses that are daily being
added to. 1t is not straining the point
to predict that, within the next ten
years, there will be a continuous city
from the limits of Los Angeles to the
bluffs at Santa Monica. The expected
early building of an electric railway
from Los Angeles to Santa Monica
and from Los Angeles to Pasadena
will quicken this irresistible tendency.
Values all over this interesting stretch
of territory are certain to enhance
largely. Nothing can check this ten
dency. Population makes values, and
there ia no other equal extent of terrific
ry in the world which offers so many in
ducements for settlement as the belt OF
country between the foothills and the
ocean. Notwithstanding the stringency
OF the money market-amounting to a
downright panic for many months-the
great attractions OF this section are now
being appreciated by investors. and this
will be more and more the case every
day. A great destiny is ahead for the
Los Angeles valley, and the fret INSTALL
ments of it are on hand already.
The herald., 1894-03-23
SOCIETY,".

Mr.. and Mrs. A. W. ssnborn OF 2O12
Pennsylvania avenue gave a pleasant
high five party Wednesday even ing.
The score cards were unique hand
painted eouvenirs, and partners we're
designated by corresponding designs
and shape of cards. Refreshments were
served. Mr.. and Mrs. Powers were
awarded the ladies' and gentlemeu's
fret prizes, and Mr.. Sanborn and Mrs.
Harrington the consolation prizes. The
guests we're: Mr.. and Mrs. +. j. Hsr-
rington, Mr.. and Mrs. VIM. Hudson,
Nj. and Mrs. l., o. Powers, Mr.. and
Mrs. Lawrence, Mr.. and Mrs. A. ".
ssnborn. Miss A. Nsmetz, Miss NJ.
Lawrence, Mrs. Williams, Miss A. Camp.
bell, Messrs. II. w. Newlan, Nimmock,