The Washington times., 1895-03-06
Decisions Handed Down By the
District Court of Appeals.
HELEN KINBALL'S SUIT WON
She Is Entitled to the Money Given Her By
Her Cousin-Case Of the American Car
Company Against the Washington and
Georgetown Railroad Company Decided
in Favor of the Latter-Army Officers Pay

The court of appeals yesterday decided
that the delay in the delivery OF cable cars
to the Washington and Georgetown Rail-
road by the American Car Company of ST.
| Louis, in 1892, was a matter that should
have been considered by the jury III the car
company's suit to recover balance due
from the Washington corporation.
The contract was made in the fall OF / S91
for 120 cars at $749 each, to be delivered
in May, June, ard July following The
cars were paid for, except SIS, ,23S, for
which the St Louis company brought suit.
| The Washington men demanded that an
offset be allowed them against the account.
onthe ground that the cars were enotdelivered
according to contract. and in consequence
they lost heavily by failure to collect fares
during the Grand Army Encampment here
DECISION BELOW REVERSED.
In giving Instructions the court below held
that the delay made no difference what
ever. Instructions that if loss by the delay
Were found to have occurred an allowance
| should be made i'll the settlement were re-
fused and the jury was told specifically
that ii should not consider the delay at all.
Chief Justice Alvey, writing for the court,
reviews the case very fully and reyerses the
decision
In Martha Hall, administrative. against
Helen l.. Kimball, the court. by an opinion
! from Judge Shepard. affirmed the decis-
ion OF the court below that Helen KinIball
was entitled to $4,000 and interest from
the SIS 200 note found among the person
atty OF DR.. Franklin p. Mclean.
] DR.. Mclean came here from California
| in 1877, at the age of twenty three. He
was private secretary for time to Cali
| fornia Senator. Afterwards he studied
medicine and graduated from Columbian
| University.
He lived from the first al the home OF
! Mrs. Kimball. who was q first cousin, and
while he was studying she supplied him
with money. He got a $500 cierkship in
| the Patent Office and afterwards became
| a principal examiner at So, 500. When
/ about forty years old his health began to
/ fail
| He went one day to his room and brought
! $4,000. which he had concealed there,
/ and gave it to Mrs. Kimbali. saying, as
| she states, that he meant for her to keep il
| as guarantee against want when she be
/ came old She deposited the money IN
! bank in her own name.
Later, when he was going to Florida
with her in search of renewed health, he
| told her to draw her money out of bank
! anu lit9 "Ouit II. ne puN SSfOpO
with it, and the whole was loaned to John
| and Emily Walter, upon note made to
/ John Maury and indorsed, without recourse
| to Franklin r. Mclean.
Mrs. Hall, sister of DR.. Mclean, was
| appointed to settle his estate, and claimed
the full amount of the note. The decision
! gave Mrs. Kimban $4,000 and interest.
ARMY OFFICERS IS SALARY.
In the United States VS. r. A. Phillips it
is decided that payment of an Army Of
| ffcer's claim when on leave and before the
/ regular order can be observed, is 10 pay
ment at all. Lieut. Shaw collected his
! pay 81 40, while on leave III Utah and
when he returned here sold his claim to
| R. A. Phillips, banker. When both had
] been paid the government discovered the
! duplication and attempted to collect the
money Phillips, but the case was de-
/ cided adversely by the lower court, and the
| decision is affirmed.
! In William May against Sarah NJ May
/ and others a disagreeable family quarrel
! wholly unnecessary The property left
/ the family was by the Will OF the father put
! in trust in the hands of William May, the
/ oldest brother, with proviSo that the other
! heirs may substitute a trustee. The court
! holds that this means the family may by
/ agreement among themselves remove VIII
| liam from the tTusteeship This they did.
| The lower court sustained their action, and
the decision is affirmed by an opinion
written by Judge Morris