Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-01-16
THE SUPREME COURT.
Ono More Opinion Came Down From
The Bench This Morning.
spmNGyILLE CITY As APPELLANTS
Tie Charges against a L. 5. Commits.
sioncr Characterization Against
Local Bank other Cases.

Local Bank,-Oihor Gases.
There was ono more opinion handed
down from the supreme court bench
this morning and that was delivered
by Associate Justice smith. II was In
the cast OF Wilbur 8. Henderson v.
Daniel rurngron ct al, appellants, and
was nn appeal ir III tue Third Dlstric,
court Judge Zane's division) The
Incls were reported in these columns
on tho arguments being made last
week.
Thcplaiuiii was q Judgment creditor
of the wasatch Stone company,
au intolyout corporation, Of which
the defendants were the COT.
porat5r. Il wAs an action IN
equity 10 recover from the Defendant,
unpaid subscriptions 10 the capita.
stock OF the company. In their an.
swcr tho defendants alleged that they
had paid their subscriptions by convey
lux TO lhc company certain mining
lrcttious.
Thor honon were Of opinion tina.
the court below rlghtlully held the
uuiuudants responsible 10 the plaintiff
auu therefore affirmed the Judgment.
Judges Miner and Haroh concurfei.
IiiE COURT uiDN'T BELIEVE THEN.
Ia thu matter Of the charges pre-
iefrci by Mossrs. III. 81. Bohney and
T.. \. Peterson Of Manu, Sanpute
county against U. Is. Commissi0ner
Iahriskii who they alleged had Appro.
ptlstci portion Of their fees as wit.
nesses In criminal case heard before
him, the court now dismissed the
same.
FRLL 1910 A sTREAM.
The ca,e o. Perry A. Thomas and
l4avina NJ. Thomas, respondents, W.
springville City ,appuiianls, was argued
by Attorney CTitchllw on behalf OF
tbs latter ANA by Sutherland & Thur
man ON the part OF the respondents.
~ was an appeal from the Fifat district
court Judge Blackburn presidiug)
aud arose on the hearing Of an action
Tor y feOnal injuries sustained by Mrs.
Thomas, caused by fail from bridge
over stream within the defrndanps
corporate limits, the same having been
occnslonUd by the backing oil tho
bridge Of the horse aud buggy which
she was driving. The defendants, 10
IL alleged, were liable ON account VI
the dangerous aud unsafe condition OF
the structure, the door Of which had
been recently repaired by mailing over
a hole "A piece Of plank; and IL IL also
claimed that slight crack on thealde Of
this nailed board enabled the horse %
see through, whereup0u II took fright,
rhicd and backed over the end Of Ins
bridge aud fell with the buggy into the
bed VI tue stream. A verdict was run.
dcrcd ngaintt tho city for $500,
signed 10y ten Jurors. Upon inotiun for
n new trial tho court struck 81 900 N
the vctuici, but the appellants insist
that judgment should not stRnd AgainsI
them In aDy amount, on account OF
orfOrs occurring at The trial and that
IN any event the damages were ex.
cussiye.
THE BANKS IN IT.
Fred s. Hadfa, plaintiff aud appel.
laui, W the Union National Bank, de.
ieniants aud respondents. Lo1ibourow
* Kahn Tor the appellant; Williams
a Van Colt for the respondents.
Tue bank named wss authorized to
collect IA certain amount OF rent duo
monthly 10 Messfs Daily, kullak 4
Burke. Hadra made check payAOletO
A. Il. Jones, It's cashier, TOT $50. When
the cheek went into the Utau Nation.
nj bank the receiving anu paying tel
Ter end0frud Junes's name thereon
aud stamped II "paid." The check
was suut 10 the American Natlonsl,
on which II was drawn, for payment.
THIS bank declined TO pay IT., however,
because II was not personally endorsed
by Jones, the pAyse monlionvd on the
cheek. After some trouble the officials
Of the American National tslephOned
20 HadTa, who instructed them NOT to
pay the CHECK until properly endorsed
by Jones. Hadrs brought suit against
the Utah National bank to recover
damages on this state OF fact; the Jury
In Judge BHrtch's court iouud for the
deienuant, aud the plaintiffs appealed
TO this court
CONCERNING PROMIssORY NOTES.
Louis Hyams ami John A. Erwin,
laintitis ana appellants, We simon
ants aud respondents. Jones aud
SChfoeder represented the former and
Attorney Cntchlow the alter.
By the actioH In thu lower court tho
plaintiffs sought To recover the sum OF
yl5, -Ol.Bl, the value 0f three prOmis-
sorry notes anu 1000 shares OF mining
stock In the Bullion. BeCk a Champion
Minlng company belonging 10 plain
TINS anu alleged 10 have been wrong
fully converted by defendants TO their
own use. Defendants uuuied this and
themselves plead ownership. The case
was referred by agreement TO Judge j.
4. Anderson as toleree,o on whose report
Of tlo findings judgment was entered
Ia favor OF Cue plalnliiis for S252 anu
uusis 0f suit. Ff1m order VI the court
below everything motion for now
trial the plaintiffs now appeal.