The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1894-01-13
IN THE COURT OF APPEALS.
Three Cases Decided Recently Which
Interest Lafayette County People.

ihteTcst county feOnle.
Three cases were decided i'm the Kan
80 ity Court of Appeals, Monday, all
are of interest to Lafayette
county people.
The ease of Mr.. Ellis X. Smith VS..
Western Union Telegraph Company,
which was appealed from Pettis county,
Judge Gill reversed the judgment of the
lower court, and remanded the case for
a new trial. The facts are these: At
six O'Clock on the evening of January
-, 1893, Mr.. Smith left a message at the
Office of the telegraph company at Con-
cordia' Mo-, which was to be sent to
Marshall, Mo. The message was not
delivered at Marshall until nine o'clock
the next day. Mr.. Smith sued the tele-
graph company for $500 for failure to
promptly transmit the message. The
telegraph cOmpany's defense was that
in the absense of a direct line from Con-
cordia to Marshall, the message had to
DE sent by way of Lexington. and the
lines were so taxed with other business
shas t"t tICidtpiS WClC uilstDit W RVt
the message through promptly. On the
trial of the case before Judge Richard
Field the jury awarded Mr.. Smith 500
damages. Thereupon the telegraph
company appealed the case. on the
ground that the plaintiffs counsel, g..
+. Longer, in making the closing argu-
ment to the jury, said that lie was a
telegraph operator himself, had worked
on the Lexington branch. over which
the message had been sent, and that il
was all nonsense to say that any office
could not be reached at any time in
twenty minutes after it wa called by
an operator. The defendant S counsel,
Charles +. Yates, objected to such re-
marks, and asked the court 20 repri-
mand MIR. Longer, for the reason that
his statement, as an expert, was not
I made under oath as a witness i'm the
case.
BEATTIE W. ROCKY BRANCH COAL co.
In the case of William G. Beattie VS..
the Rocky Branch Coal Company. APP
pealed from this county, Judge Gill
I, sustained the ruling of the lower court
in granting "A new trial. Beattie leased
to the Rocky Branch Coal Company
5 eighty acres of land for mining purposes,
The coal company refused to pay the
!, amount of the lease for the reason that
the vein could not be worked according
u to the usual method of mining. The
instructions of the court in constituting
: the contract were altogether in the
defendants favor, and upon motion OF
u the plaintiff a new trial was granted
:, From the decision of the court, in
! granting a new trial, the defendant ap,
: pealed. Judge Gill held that the in.
e structiOns complained OF were altogether
n contrary to tie spirit of the contract
4 and that the action of the court il
: granting a new trial was proper.
COMMERCIAL BANK vs.. MARIA WOOD
v In the case of the Commercial Bank
: of Lexington, Mo, against Maria Wood
Judge James Ellison reversed the iudg.
a ment of the Lafayette county court
July 30, 1856, one Patton borrowed
It money from Maria Wood, and gave hel
k his note, due three years after date, Sc.
cured by a mortgage on real estate il
Kansas City. Patton afterwaFd solt
n the real estate to one McKain, VIII,
7 assumed the payment OF the mortgage
!. and of the note secured thereby. Me
- Kahn sold the property to one Schneider
meyer, subject to the mortgage, ant
assumed payment of the note. Mis-
,e Wood Endorsed the note and sold it I,
= the Commercial Bank, of Lexington
which, after selling the property an,
applying the proceeds on the note
y began suit against Miss Wood, who hat
Endorsed the note. The Lafayette co
ID court rendered judgment in favor o
y, the bank. 1t was shown in the evidenc,
'i that the bank had extended the tim
of payment to Schneidermeyer thre,
months, and it was contended that b
" this extension the bank became absolut
r owner of the note and mortgage withou
" recourse upon Miss Wood, the indorse
of the note. Judge Ellison s~ustaine
this view.