The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1894-04-12

4 with some exceptions, they have usually
stated the scope Of that decision with
substantial correctness. The case briefly
was this: The plaintiff Association To-
c,tcd in New York. had made loan to
W. RI. Nickels, in The town OF b!g otohc
Gan. ana, this suit ras brought to fore
close n mortgage h. which that loan was
secured ON property in Virginia. Ihe
contention Of the plaintiff Was that IT the
defendants had punciuall! made their
monthly payments in the nsu*i way In
such cases. they would have received
such share in the di1idens OF their
stock a. wouId have reduced the interest
rate 10 less than six per cent, ana iur-
Their that even il this we're not true, the
contract was made with reference to the
laws of The State Of New York, which e1-
pressly authorized such contract. Inc
defendants pleaded usury and filed
cro.s-bill, in which they sought to have
tic contract reformed, placed upon SIX
Der cent. basis and the sale enjoincd tor
term of eight years, offering as the
price Of such affirmative rslef TO pay !c-
pal interest Oh :he debt The court hcid
that the contract was for the loan OF
moncv at greater rate Of interest than
i. allowed by Law in Virginia, hat fhe
Virgins laws and not the New OK laws
govern the contract that under Tue
plc,dings in this cnsc the plaintiff Nas
entitled TO decree for the principal sum
due and six per cent. interest, and for
sale OF tho property and lie declined To
rccorm ,b. contract further or to en- DIN
:he sale. The defendants will appeal up
on the question Of reformation ana the
plaintiffs will 60 up on the question OF thc
le.. loci coniruct,,s. suppose that both
parties are reasonably satisfied with the
decree. as it WIS in this particular case
what we usually term dog taII, hu'
ihc doctrine has never been settled by
the Virginia courts and this being all i'm
portant case to both plaintiffs and de-
PENDANTS it bas been recognized as case
that would 90 10 the Court Of Appeals no
matter how decided.
The three dependant suits affecting the
property Of Col John G. Haskell and The
Big Stone Gao Coliery Company, si'n"-
ted near The town Of Northn have not yet
been heard or in any was disposed Of
This litigation grows out of Il contract OF
lease between Col. Haskell and the Big
Stone Gap Colisry Company, which col.
Haskell claims has now been forfeited.
Nearly every lawyer a; The bar ia in some
n*y connected with these three cases,
ANA if a compromise is not Effected there
will be sol rather ircly times "hcn the
cases arc card.
The .uiN OF P c. Thompson and OH
c1s aeainyi,W. L. Harris and others, and
j. NJ. Durham against +. A. Sira'ton and
Others have practically beer settled By
Tic parties ia manner s@'!Slsc'or! l"
both plaintiffs aud defendants, aud Tie
res,i,i will ne HAT Judgments amounting
to orer eyvcn thousand dollars 81 ,M0.H0)
against thr defendants Wiz, at this term
Of Count, be marked satisfied Oh the lien
docket.
Wise &. H. is M unusually pleasant
country iowa, made up OF good citizens,
and the visiting lswvcra have great
i'ondncss for it and lis people.
Mrs. j. W. Kelly, the wife Of ysur de-
served, popular townsman. DR.. ). W.
Kelly, is visiting her father, Hon. c. +.
FIanary.
Mrs j. Ii. Duff, also Of your town, WAS
here ON business TIP last week.
Yours truly,
BIHKlE BuXKuM.