The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-04-26
THE COURT RECORD.
Supreme Court.


17474. Henderson VS.. Indiana Trust Com
pany. Marion G. C. Reversed. Monks, j.
Il. An insolvent debtor has full right and
power to prefer certain creditors to the
exclusion Of others, and when an action is
brought to set aside such preferences as
fraudulent the question of fraudulent in
tent is one Of fact and not of law. 2.
When partnership assets remain understhe
control Of the partners they have the
power, though inSolvent, to appropriate
any portion of it to pay the individual
debts of the members of the firm to the
9. When partnership property is brought
under the control of the court for judicial
administration the equitable rule of distri-
button will be applied. A. Officers of q COR
poration act in a tiduciary capacity in re-
ia ten to the property n n their hands nd 80
co orn1a M0n Hontin " bu r ah Afir mean
Jordan. il Where 1t is provided by the
s san : q ahaf tb whl basines eof fberaof aba Il 9 be-
managed by it's directors the provisions
must be construed 70 vest in them full
ordinary matters within the scope of it's
powers. 2 When a person becomes a bor-
rowing member of loan associations he does
so subject to its bylaws, rules and regula-
tons, and also to the express and implied
powers with which 1t was invested by law.
81 BY the acts Of the Generaf Assembly
of 1856 an express warrant is granted there
in to building and loan associations to
make assessments or stock calls to cover
association to formally accept in writing
the provisions OF this act in order that it
ASA CANlNiSc LAC CliidE5Cu pOWSTS granted
hereunder.
Appellate Court.
1865. Sourwine vs.. Supreme Lodge, K. of
/ Tb may gons s &; K eve bTL,aw GAVIN vi an5 IA
lees organization are elements of the con-
tract q insurance: they measure and de-
ties and liabilities. 2. A per-
son being q member of the rank
81, ofn trans ns ae Z Seing ar ! eontrscf Of a the b Pig,s:
hcial right. B.. The person having done ev-
erything that was TO be done by him to
effectuate the transfer, and being in all
things entitled to it, it did not rest in the
discretion of the examiner to refuse him.
4 Equity will regard that as done which
IN good conscience ought to be done.
1916. Levi VS.. FEEDER. Lawrence c.. c..
Affirmed; Lotz, J.-Where there is a con
recovery this court will not interfere with
the discretion given to the jury and the
trial court.
i472, Z. MA. & c. Railway Company
VS.. Sparks. Floyd G. C. Reversed. REIN
hard, lin all actions to recover dam
Of a culvert, causing backwater to damage
a PERSONS premises, the damages are to be
aseertained by the injury to the market
value of the land. 2. If the injury is not
a permanent one the damages can only be
recovered up to the time of the commence
brought for successive injuries resuiting
from the same cause. and the measure Of
such damages il found in the value OF the
by the opinions of witnesses.
1924. Roberts VS.. Kendall. Hamilton c.
g. Petition for rehearlng overruled.
Superior Court.
Room John l.. McMaster. Judge.
James A. Banister 81 Co. VS.. William
81. Brockway; on account. Judgment for
plaintiff for 1920. 35.
Cassie Scott vs.fWiIliam NJ. Scott ct al:
habeas corpus. Dismissed and costs paid.
Room FL M, Harvey, Judge.
Lewis Shaler vs.. the Big Four Railroad:
suit ORDINANCES On FtFial by jury.
Room s-Pliny w. Bartholomew, Judge.
John W. Murphy VS. Charles Dobblehaff:
Dismissed and costs paid.
Edward Appleget VS.. Stephen L. McCor-
mick; mechanics. lien. .OnStrial by court.
Circuit Court.
Edgar A. Brown, Judge.
Nelson Morris & Co. VS.. Frederick E.
Lonnis: on account. Trial by court. Finding
in favor of plaintiff for $295.23.
Margaret Bruce VS.. United States En-
caustic Tile Works Manufacturing Natural
Gas Company; damages. Judgment entered
on verdict for SHAFT.
Robert Thomas VS. Thomas Colbert ct al;
replevin. Motion to dismiss sustained. Judg-
mani a rairSt dafonHaS1f# for roCtCt