davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe., 1895-06-21
OpLYTRREESTAND
OF SEVEN DECISIONS BY JUSTICE
CAVITY FOUR ARE RE-
yERSALSs
TWO CORPORATION CASES,
INVOLVING A. ST. PAUL COMPANY
AND THE NORTHWESTERN
GUARANTY LOAN.
TWO CORPORATION CASES,
Effect of Reversal of Judgm ent
by the State Supreme
: Court.

Seven decisions were handed down
bv the supreme court yesterday, in
four of which the orders and judg-
ments of the lower courts are re
yersed. A case of interest locally
is that of the St Paul Fire and Ma
rine Insurance company, in which
the order of the lower court is re-
versed. Another interesting case is
one involving the Northwestern
Guaranty Loan company, of Mime
apolis, where the trial judge is again
taken to task by Justice Canty.
The ST. Paul Fire and Marine In
surance company, as garnishee, ap-
pears as respondent to the appeal of
Aultman, Miller & Co. VS.. Markely
ct al, defendants. This action is an
appeal from an order discharging
the garnishee. In September, 1892,
Aultman, Miller & Co. brought suit
to recover a certain sum Of money
from w. D. Markely & Brother,
through garnishment proceedings
against the st. Paul Fire and
Marine Insurance company, which
company, II WAS CIdllIleu, was
indebted to Markely & Broth
er in greater sum than
$50. The trial judge discharged the
garnishee on the ground that the
affidavit for garnishment was de-
fective and that the debt disclosed
was due only against w. D. Marke-
ly. Justice Canty holds differently
in the following syllabus reversing
the lower court:
Aultman. Miller & Company, ap-
pellant, VS.. w. D. Markedly ct al, de-
PENDANTS. st. Paul Fire and Marine
Insurance Company, garnishee, re-
spondent. If the court has jurisdiction
ef the person of the defendant, the
oIuntary appearance and disclosure
# the garnishee valves, as to him, the
lefects in the affidavit of garnishment
2. In an action against two defend
ants an affidavit of garnishment which
states that the garnishee 'is indebted
o the said defendants in an amount
exceeding the sum of fifty dollars" is
sufficient to charge the garnishee for
a debt due from him to one of the de-
PENDANTS alone. Order reversed.
CAVITY, J.
St. Paul daily globe., 1895-06-21

First National Bank Of Merrill, Wis
tonsin, appellant, VS.. S. H. Harper,
Northwestern Guaranty Loan Com
pany ct al. respondents. National
New Haven Bank, appellant, VS.. North
western Guaranty Loan Company, de-
fendant; w. D. Washburn ct al,
respondents. The third subdivision of
sec. 8, ch. a. G. S. 1878 provides that any
officer director or member of a corpo-
ration is liable for corporate debts
when he 'is guilty of any fraud, un-
faithfulness or dishonesty in the dis
charge of any official duty"
"Unfaithfulness' as here used, held
to mean any violation or neglect of Of
ficial duty.
Held, these provisions give the credit
or a right of action against the official
only when his unfaithfulness has re-
suited in damage peculiar to such
creditor, but not when the only damage
or loss is to the corporation and by
reason thereof to all the creditors in
common.
Held, such creditor suffering loss or
damage special or peculiar to himself
may maintain an action at law against
such unfaithful official, and is not COM
PEELED to resort to an action in equity
brought by or on behalf of all the
creditors.
Held, the measure of his recovery is
the amount of his debt and merely the
amount of his loss.
Under this statute a person who is
induced to become a creditor of an
insolvent corporation by reason of the
negligence or other unfaithfulness of
an officer thereof and is injured there
by may maintain an action against
such officer for the amount of his debt
And when the creditor of such in
solvent corporation is induced to be-
come such by reason of the fraud of an
inferior officer and the negligence of a
superior officer and is injured thereby,
he may maintain an action for the
amount of his debt against such supe-
rior officer.
The second subdivision of said sec.
8, ch. "a, provides that the private
property of stockholders of a corpo-
ration organized under that chapter
shall be liable for corporate debts
''for a failure by the corporation to
comply substantially with the provis-
ion aforesaid as to organization and
publicity,
Held, this has no reference to the
violation of the provisions of sec.
and Z, which provide for the posting
up of the bylaws and certain state
ments, but it refers to a violation of the
provisions of sec. and of said chap
ter relative to filing and publishing the
article of Incorporation. Order re-
Versed. CAVITY, j.
John Grant, respondent, VS.. Duluth,
Missabe & Northern Pacific Railway
Company, appellant. A let a contract
to B by which B agreed to perform
certain work. B let subcontract to
c by which C agreed to perform a
part of this work, and B agreed to
pay C therefor monthly as the work
progressed. After c had partly per-
formed, B defaulted in these payments
and for this reason refused further
to perform his contract. Thereupon A
made an agreement with c by which
c. agreed to perform and complete his
contract with B, and A agreed to pay
C extra compensation therefor over
and above the price agreed to be paid
therefor by B to c..
Held, there was sufficient considera-
ton for the contract between A and c
and the same was binding. Order af-
firmed. CAVITY, ].
St. Paul daily globe., 1895-06-21
Thomas Perry, appellant, '

Thomas Perry, appellant, VS.. An
dreas Miller respondent.
l. Where thei court acts as trier of a
challenge to a juror for actual bias,
the decision is final and cannot be re-
viewed on appeal.
2. Matters which occur out of court
or in another action have no place in
a bill of exceptions, but for the pur-
pose of a motion for a new trial or an
appeal, should be presented by affi-
davit. Order affirmed. CAVITY, J.
St. Paul daily globe., 1895-06-21
Linen Department.

Specials for Housekeepers' Day.
Is pieces Bleached Irish Ia OF
bic Linen, 6S and 20 inches NC
wide; value S1.15, at. .... Wv
SssgS5Ps sgs% 5sz, zS% FsSals' 5s'Sass Sfsa SlB
50 doz. Bleached Napkins, O. 81
5Sx5s size, regular price MAJ
per dozen $500; for. ~A
1 case Marseilles Bed Spreads, new
est designs, full size; G6 on
our t regular $500 quail OL.W
ty; at, each.
Is pieces Cream Table Linen, IN
Irish make, 64 inches wide, AVC
regular price CSC; at t.....
Henmed Huck Towels, size ~
2Ox37 inches; regular value nc
25c each; for.
WHITE GOODS.
Is pieces White Victoria 4
Lawn, 80 inches wide; regu- E4C
lar price 20c yard; for $50.
St. Paul daily globe., 1895-06-21
below did not in effect grant new
trial. Order reversed. CAVITY, j.
Start, C. j.. dissents.

Start, C. j.. dissents.
William H. Weibler, respondent, VS..
Patrick Ford ct al, appellants
1. On the issues formed by the sup
Elemental complaint and answer there
to filed in a garnishment proceeding
commenced on Judgment, neither
party is entitled to a jury trial as a
matter of right
2. Evidence held sufficient to sus-
tain the findings and order for judg-
ment.
g. A certain parol trust is conceded
to be uninforceable, and the evidence
offered to establish the same is held
to be incompetent and immaterial.
Order affirmed. CAVITY, ].
]. P. Johnson ct al, respondents, VS..
Ole j. Vaule ct al, defendants; Ole j..
Vaule, appellant.
In an action of replevin the plaintiff
obtained possession by proceedings in
the action, and on the trial dismissed
the suit. Thereupon Judgment was
entered for defendant for a return of
the property or for $115 the value
thereof, in case a return cannot be had.
Thereupon plaintiff without returning
said property or paying said value
thereof, commenced another action to
vacate said judgment. On the trial
thereof the court found that defendant
was the owner of the property, but
that the value of the same was no
more than $6S.
Held, under section 272. chapter &c,
General Statutes 1878, the judgment in
the first action was an adjudication as
to the value of the property, but not
as to the ownership or right of pos
session thereof. and that plaintiff was
not, on the findings, entitled to any re-
lief in the second action. Judgment
reversed. CAVITY, j.
St. Paul daily globe., 1895-06-21

August Tomplun, sos University. Al yrs
Harry BENZ. Orman, 757 Reaney .6 mos
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
TO SHOOT MAILBAGS THROUGH TUBES
A NEW PLAN FOR CONNECTING THE NETWORK
AND BROOKLYN PosTOFFICEs

NEW PLAN FOR CONNECTING THE NETWORK
AND BROOKLYN PosToEFICEs.
After all. there Is good prospect now that mail
tube across the East River Bridge to connect the
New-York and Brooklyn postoffices will be an ac-
compshed fact before long. The recent attempt OF
the company interested In this matter to secure the
consent of the Bridge Trustees to Its plan was
failure on OF the adverse report OF Super
intendent Martin. who thought 1t unwise to cut
through the Bridge floor beams and masonry In the
manner required by the plans Of the companys en-
gneer The proposal was to lay tube thirty inches
SQUARE on the Bridge. That has been completely
abandoned. 1t now proposed to construct two
tubes eight inches square, TO be used Tor pack
ages transmitted In direction and the other for
those going in the opposite direction. These tubes
can be placed alongside Of the railroad tracks with,
that Superintendent Martin sees no objection to this
arrangement The matter was brought up at the
meeting OF the trustees last Monday and was re-
ferred to the Executive Committee. 1t Is altogether
probable that favorable action will follow.
The large tube was TO be operated by electricity.
but in the smaller ones 1t Is the Intention OF the
company to transmit packages by air pressure. The
reduction in the size of the tube will render the
proposed method OF communication between the two
postofices somewhat less convenient than would
otherwise have been tho case In tube eight
inches SQUARE or eight inches In diameter II Will
scarcely be possible to send pouches OF the regular
size and 1t may be necessary to provide special
Ranches for this service Still the reduction in time
between the two offices from nearly haf-an-hour to
about five minutes will be accomplished, and that
will be a tremendous gain. In the opinion or the
postof1ce authorities.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
THE DEADLY ORANGE.
From The Lady.


Mr.. Byrns. in his distressing paper-the paper
tors. Association under the title Of Fruit Fruit
Food"-wounds while he strokes. so 70 SPEAK:
Under the soft paw OF his remarks hides INC
venomous claw. For. while admitting that az
a food. fruit Is the most perfect union OF INC
useful and the beautiful that the earth pro
duces." he declares that II may become me-
dunn for the spread Of infectious diseases Crueny
duce oranges, for example. not those renownea
for cleanliness. nor for proper understandings -
the science Of disnfection should such compisi"'.s
as scarlet fever measles or the cholera be RE ~
the districts OF production. The case Is alarmihS.
But we prefer TO reassure ourselves so ta lar a.
that. though infected hands may have gathered tns
fruit. or the places In which they have os sa
packed have been tainted. the outer skin OF ne
orange Will have protected the inner and eatapic
parts. Another safeguard Is possible In the tiins
that elapses between the plucking and eating oh
oranges. Surely voyage from Spain, though COM com.
parativey short would Kill germs. Again. rerto,s
presentment. rubbing them up upon coths-eean
ones. let us hope-to give them pleasing appear
ance. In ali these thoughts there Is balm bu'
there other aspects In the matter.
Ii would seem that fruits are the healthy preroSsrr.
tves OF the rich only. Directly the poor housewas
to resort TO one OF the street barrows upon winch
costermongers retail such dainties. Almost III
merit the fruits possessed has vanished py tne
time they sold They are too often In sucn an
advanced state OF decay that they are no ionsrr'
nutritious. and to this drawback Is added the Isn
have during the night occupied position IN sons
poor garrett. where at any rate there Is lou, s,r
and In many cases the further and more disastrous
addition OF Infection.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
SOMB REMARKABLE CHINESE CARVINGS.
From The st. Louis Republic.

-
The most curious objects which made subjects
OF the carver's art In China are the various nuts
and fruit stones Among the latter class may be
named the stones OF the olive, Plum peach cherry.
and OF the former the most common are made upon
fhs shells ~ wnlnuts and cocoanuts These seeds
and nuts are collect ted with great care and care
fully cleaned and dried before being taken to the
carver who has an invariabe standard OF size, pro-
portion weight. hardness. etc. When every detail
mas eeen ar seed is selected by the designer Who
roughly traces upon It's surface an outline OF the
who block out the design by cutting through the lig
neous tissue along the lines drawn. The crude carv-
ine IL again passed to the designer, who sketches
second and more intricate series OF outlines when Il
again goes forward to the subordinates who cut
gives the object It's finishing touches and the as
sistants prepare 1t for market by polshlns oillng
stone carvings are shown in the shape Of buttons.
Collections OF them strung on silver. copper or gold
wire are also used bracelets. ankets, necklaces,
rosaries and Official ornaments
The carvings represented upon these seed and nut
ornaments are frequently OF = very high order Of
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
At THE MACY MANUAL ARTS BUILDN0

The exercises in connection with the formal Open
ing OF the Macy Manual Art Building at Teachers
College ended yesterday. The building was thrown
omen IN the morning to interested visitors. At 10
o'clock a demonstration Of the principles OF Froe-
bells system by the college kindergarten depart
ment took place In the assembly hall, under the
direction OF Miss Angelina Brooks superintendent
~ the kndergarten At IL o'clock a meeting for
the discussion Of the manual arts convened In the
lecture room, on the fifth floor. President Walter
L. Hervey opened the meeting with brief address
of welcome to the visitors and several papers were
read Luncheon was served in the assembly-room
nv the women of the Brooks Alumnae Association.
The proceeds which amounted to more than $N. Will
be given to the Bryson kindergarten OF the New
York Kindergarten Association
The afternoon session opened with Introductory
remarks by Professor Bennett, OF the Teachers Col
iege in relation to the present system OF teaching
Dr NJ r. f. Grossman. superintendent OF the Work
ingman's School, also spoke discussion OF man
nal training followed The last paper was one on
the results Of an Investigation of the cost OF manual
training. by Herbert X. Jacques, student OF the
Taac
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19

N Y. recognizing the fact that consumption was es
sentiaiy germ disease, and that remedy which is
would drive the germs and their poisons from the
icne whii tm,rd % PER- 6en of all cases, If taken
in the earlier stages of the disease
The tissues Of the lungs being irrated by the germs
aud noisons in the blood circulating through them,
the germs find Judgment there, and the lungs begin
to break down Soon the general health begins to
fail and the person feels languid, weak faint drowsy
and confused
This IL the time 10 take Dr. Pierce's Golden Med
ca discovery; il drives the germs and poisons from
the blood, and quicts the cough
"colden Medical Discovery" increases the amount
and quality of the blood thus invgorating and forfy
,m he system against disease and builds up whole
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
NEWFOUNDLAND'S CREDIT SHAkY.

Nv
stE FINDS 1T NEXT TO IMPOSSIBLE TO FLOAT A
LOAN UNDER PRESENT CONDITIONS.
St John's ~ F.. May 1s.-Reports which have
reached here from Montreal to the effect that Colonial
Secretary Bond unable to negotiate loan In Can
ada occasion no surprise. The belief has been
general for weeks past that nobody VIII lend
money TO the colony under the present conditions
Even Premier Whiteway admitted In the Assembly
on Thursday that It was almost impossible to hoat
q loan now The press regards Mr.. Bonds endeavor
10 obtain money from American merchants dealing
with Newfoundland on a pledge OF n reciprocity ar
rangement as chimercal Great Britain would not
tolerate any tariff war against Canada american
mercha nts will still have open markets mere OWING
TO the collapse OF the confederation scheme. T..
Mr. Morris n member Of the Executive, VINO IN
situated that judges OF the Supreme Court were
brbed in the election trials last summer disciamed
the insinuation when the leader OF the opposition
Threatened TO report him to the Governor ,,.
Sir Herbert Murray. the British Keller Soh'ns-
gioner concluded the relief work here to-day, &c
will start on Monday to make cruise arouna ,, sns
island ON the warship Cleopatra In order 70 Ie'eVs
The distress among the hshermen.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
has probably been at work ON shore for severai
FRANCIS JOSEPH'S LET

FRANCIS JOsEPHs LETTER TO KALNOKY
Vienna. May 1s.-The Emperor's autograph letter
to Count Kalnoky. accepting the latter's resigna-
ton as Imperial Prime Minister. was published here
and in Budapest to-day. The Emperor says he
noky's resignation May would insure his contn-
uance in office, but as Count Kalnoky had again
rendered his resignation he felt compelled 10 &C
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
Saved HiSLife

--by>a fortunate discovery in
the nick Of time. Hundreds
of persons suffering from con-
sumption have had the pro-
gress of the disease stopped,
and have been brought back to
life and health by the Golden
Medical Discovery" Of Doctor
Pierce.
Years ago DR.. X. V. Pierce,
now chief consulting physician
the Invalids' Hotel and
C..~x..,f I....t..e. of nnnotN
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
THE. GILLIAN CAPITOL BURNED.

GOVERNMENT ARCHIVES AND THE LIBRARY of
CONGRESS DESTROYED.
London May 1S.-A dispatch from Buenos Ayrcs
says that a telegram received there from Santiago
40 chit, announces the destruction by fire of the
parliamentary buildings In that city. The Govern
ment archives and the valuable Congressional LII
brary were burned.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19

some Acsh and strength after
wasting diseases. as fevers
pneumonia. grip and other de-
bilitating affections.
mo. NJ. HrTE. Of hmdmbon. Az
dnbor o.. Ia. says: Il took a
severe cold which settled on my
lungs and chest, and l suffered In:
tenseiy with Il. tried several OF
our best physicians here and they
gave up all hopes Of my recovery:
aud thought I would have TO die. !
would cough aud spit blood for
hours. aud was pale and weak. I!
was greatly discouraged when !
began the use OF the Discovery
but ! soon got better. II ha. been
Ave yeArs since I took Il and have
had no return Of that trouble since. !"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
The Greatest and Best Blood Purifier

the nerves by feeding them on pure blood creates
an appetite by toning and strengthening the d.
gestive organs, overcomes That Tired Feehhs ny
giving the blood the vitality necessary to sustain
the entire physical strength, and gives sweet
refreshing sleep by sustaining the proper balance
between all the bodily organs. BE sure TO get
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
4!9)
, 2 !
IN
Printed Silks.

We have just concluded negotiations ior '"e
choice Of the entire stock OF large manu-
facturer and importer OF High CLASS frihteu
Pongees Japanese and India SILKS all OF wh'ch
are of this seasons production. and embrace
the newest and choicest designs colorings and
combinations We have divided this great pur-
chase into four separate lots. and offer these
elegant goods at the following marked reductions
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19

conception and display much Of the carvers clever.
ness and dcxterity. The writer has seen single
cherry seeds upon which were plainly and artis-
tically outlined dragon. two crickets cornh IVA
err and a bunch Of grapes. On the larger seeds ana
nuts are represented entire trees and their fruits
and leaves. vines with leaves. flowers and vegsta-
bles attached as we'll as buildings. bridges, towers
temples and fences. Among the second group
which are usually composed principally OF animal
figures, the horse. lion, tiger. elephant. camel aho
bull are most generally represented.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
MORE SPANISH TROOPS FOR CUBA.

A RAID OF THE INSURGENTS ON THE RAILROAD
NEAR HoLGUIN REFUSED.
HAVANA May 1s-The steamer Santo Domingo
has arrived at Gibara from Spain, with a battalion
OF infantry.
A dispatch from Holguin says that the insurgents
made a raid on the railroad near that place. and
tore up -khe tracks for some distance. They were
driven off, however. and the rails were replaced
II is reported that the rebel leader, Angel Guerra
was wounded in the fight at Camasan on May IL.
Severe transforms accompanied by violent
downpour OF hail. prevailed at and near Holgun
Yesterday rendering the roads and rivers impas-
sable.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19

The cures accomplished by this great medicine
constitute conclusive proof Of its peculiar cura-
tive powers.
1t cures Scrofula, Salt Rheum ana other Viru-
lent blood diseases by eradicating every trace OF
impurity and increasing the red corpuscles upon
which the life Of the blood depends. Ii Duiids up
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19

THE DESTRUCTION AT BREsT-LITOvsK.
Warsaw. May 1s-Later reports Of the confiagra-
ton at Brest-Lltovsk. Russian Poland, show that
700 houses. seven churches. a synagogue and two
railway stations were burned Thirty persons were
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
THE CANAL ENGINEERS

Washington May ls.-The Navy Department re-
ceyed dispatch this morning from Commander
Davis. OF the Montgomery. announcing the arrival
OF that vessel at San Juan del Nore or Greytown,
Nicaragua It Is not known when the vessel arrived
there as the message came by cable from some
other point not specified. but rs she left Mobile on
Nav I and the voyage was not expected to last
more than six days. the Engineer Canal Commission
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
Dress Goods.

200 Pieces finest imported All-Wool
Armure Covert Cloths. full line OF
colors, As inches wide; have sold
freely at 800 per- yard; we offer
them at ...................''
$50 Pieces ATWOOD Cheviots, In
plain and mixed effects; the 4Sc.
qualities reduced to ................
Black Crepons, all wool. 80
inches wide, the SOC. quality re-
duced to ...-..........''' '''''''
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19

killed a large number injured, some Of them IA
tally and 1900 people were made homeless
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19

For comfort and durability during aVarm
7veathey the above materials are nnSny-
passed.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19

Large assortment efexfra fneAemstiteAed
and frynged Huck and open aoork Damask
7oaoeb 7Vith knotted fringe at 20 per cent
less than same quality goods can be pnr-
chased elsewhere:
"a 81, 40. 81, 50, Ga, 90 & So.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19

And you need the Toning,
Building-up Effects of
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19

THE COURSE OF THE GOVERNMENT UNDECIDED
IN HIS ABsENcE-PosITIoN OF THE CHAN
CELLoR AND BARON Won KoELLER NOT
WEAKENED BY DEFEAT IN THE
REIcHsrAG-TALK OF COUP
D'ETAT-THE Won KOTZE
AFFAIR PREPARA-
TONS FOR THE