davidaulloa/AmericanStories huggingface dataset:
The herald., 1896-10-09
CURIOUS INSOLVENCY CASE.
The Supreme Court Decides in Favor
of the interviewer.

In the case of A. B. Salisbury, plaintiff
and respondent, VS.. John Burr, defend
ant and appellant, with Gregory Per-
kins, assignee, interviewer and appel
liant, the supreme court, sitting in bank,
has handed down a decision.
Defendant and interviewer appealed
from an order of the court granting
plaintiff new trial. The action was in
defendant sheriff a stock of groceries,
alleged value of $28OO. The defendant
denied plaintiffs ownership or possess
sion, and justified his seizure and deten-
ton under writ of attachment issued
in an action between Perkins and Ran
dali. Upon March Is. 1889, the writ was
levied upon the property as the property
of Randall. The sheriff further showed
that on that date Randall filed hisape-
titien In insolvency, and was adjudged
an insolvent, whereupon defendant was
appointed receiver of the property. Un-
der this appointment he qualified, took
the property. and at the commencement
of this action so held 1t as receiver.
Within thirty days before filing his
voluntary petition in insolvency, Ran
dali made sale of the property to plain
tiff, which sale 1t is alleged was pre-
tended and fraudulent, for the purpose
of defrauding the creditors of said in
solvent, and so prevent the property
from coming into the possession of Ran
dall's receiver. Further it Is charged
that the pretended sale and transfer
were out Of the usual course of business,
and with full knowledge by plaintiff
that Randall was at the time insolvent.
that the transfer would prevent the
property from being ratably distributed
among Randalrs creditors, that Ran
dali had no other property whatever
with which to pay his debts, and that
plaintiff, for the purpose of defrauding
the creditors of the insolvent, pretends
to have purchased the property, and is
now wrongfuly claiming to be the
owner.
Gregory Perkins intervened as as
signee in insolvency Of Randall. and
rendered the same issues of fraud as
did the sheriff.
The jury returned the following spe-
cial verdicts: l. Randall was insoIvent
at the time the goods were transferred
by him to plaintiff. q At the time he
accepted the transfer plaintiff had
reasonable cause to believe that Ran
dali was insolvent. 3. The transfer was
madeby Randall to prevent his proper
W from coming to the assignee in in
solvency. T. The transfer was made by
Randall to prevent the property from
being ratably distributed among his
creditors. 5. The transfer was made bv
Randall with the view to defeat the
insolvency act of $780, 6. At the time
the transfer was made the plaintiff he
lieved, or had reasonable cause to be-
lieve, that Randall was making the
transfer with q view to defeat the in
solvency act Of 1880 Z. Randall ala not
make the trausfer with . view to give
The herald., 1896-10-09

preference to any creditor or person
having Z claim. against him, or to any
one who was under liability for him.
g. Neither Randall nor plaintiff. at the
time the transfer was made. intended
that the property Randall received from
plaintiff In exchange should not 60 into
the hands of his assignee in insolvency
or should not be ratably applied to pay
his debts.
The jury also rendered general YER
dict. finding for the interviewer for the
recovery of the property described in
the complaint" s,r
The motion for new trial was based
upon the minutes of the court. One of
its grounds was errors in law occurring
at the trial and excepted to by plain
tiff. AS no specification Of errors Is
found in the notice, this ground could
not properly have been considered by
the court. Parker VS.. Doray, 95 CALI
The sole remaining ground, and that,
consequently, upon which the order
must have been granted, was the irre-
concilable conflict and Inconsistency
which the court believed to exist be-
tween the special verdicts or findings
Of the jury upon the questions of fact
presented to them and their general
verdict in favor of the interviewer; also,
because, as claimed by plaintiff, he was
entitled to judgment under the special
findings. which judgment could not be
entered IN mis- FAVOR by reason of the
Jury's failure to find the value of the
property, from all Of which a n1istrial
necessarily resulted.
After quoting Sec. 343S of the civil
code and Sec. s. Of the insolvency act
II 1880, the supreme court continues:
It by no means follows that the trans
fer by an insolvent, because 1t is not
in violation of Sec IS Of the insolvency
act, is therefore valid. In the case at
bar the jury found that Randall made
the transfer with intent to prevent his
property from coming to the assignee,
and to prevent it from being ratably
distributed amongst his creditors, and
that Salisbury, at the time he accepted
the transfer. knew, or had reasonable
cause to believe, that 1t was being made
with this intent and purpose. Under
such circumstances the transfer was
void under Sec. 3439 of the civil code.
The general verdict of the jury In favor
of the assignee was not, therefore, In
conflict with the special findings.
Under the specifications of errors, no
valid ground appears why the order for
new trial was granted
The order is therefore reversed, and
the case remanded with directions to
the court to enter judgment in favor
of the interviewer.
The herald., 1896-10-09
VALUE OF PLANS.
Architect Volk Wants Pay for Botched
Up Design.

curiously tangled up case came UP
for settlement before Judge Shaw yes
terday. Its title was that Of Frederick
M. Ashley VS.. George Rice, but as mat
ter of fact the plaintiff was such only
in a nominal way.
Mr.. Rice, the defendant, is senior part
ner in the printing firm of George Rice
& Sons. and some time ago rejoiced in
the possession of an excellently appoint
ed house at Alhambra. In an evil hour
the dwelling house was burned down
and only miscellaneous array Of doors,
windows and other fittings were saved
from the wreck in addition to the furni-
ture. Not desiring to erect such pre-
tentious dwelling as the one that had
been burned, Mr.. Rice thought that as
the old foundation was still good, with
the miscellaneous material that had
been saved he could put up nice, sub
stantial cottage for $1,000. Architect
Lawrence B. Volk, who was a near
neighbor, assured him that for that
sum and with the material on hand a
very handsome cottage could be put up,
and thereupon he received permission
to go ahead and prepare plans. He was
warned, however, that the entire ex-
penses Of plans, supervision and cost of
material must not exceed the stipulated
amount.
By and by the plans were presented
and Mr.. Rice, upon expressing some sur
prise at such an ornate cottage being
possible for $1,000, was assured that 1t
, could be put up according to the plan
for the stated amount. But it couldn't
all the same. When bids were called for
the lowest bid was $2147. Then Architect
Volk began to cut and carve the plans
and after extensive changes he felt GER
tain that he had got we'll within the
limit. But again he was mistaken and
r.
gust, gave up all thought Of rebuilding
at all and sold his lots at Alhambra.
But Architect Volk had prepared those
plans with the sweat of his brains and
he wanted pay He put in a claim for
$40 which was denied, and so.he assigned
the claim to his draughtsman, who
brought the present suit.
The case was taken under advisement.
The herald., 1896-10-09
THE DIVORCE MILL.
The Stoermer Case Reached a Climax
Yesterday

Judge Shaw yesterday granted a de-
cree to Rose M. Kronnick, on the grounds
Of the habitual intemperance and the
failure to provide on the part of her
husband, Herbert e. Kronnicl.
In the long continued case of Maggie
G.. Stoermer VS.. William E. Stoermer,
the latter again made his appearance
yesterday in department six to show
cause why he should not be punished
for contempt in not paying alimony as
ordered by the court There is S150
now due, and he was given until Mon
day next to pay up orsaccept the alter
native.
A decree was granted to Warren A.
Wing by Judge Van Dyke, on the ground
of the desertion of Martha E. Wing.
Isabel Barsby, who is quite advanced
in years, was granted a decree divorcing
her from I. Barsby, on the ground Of his
desertion. The case was heard by Judge
Smith, who also granted the plaintiff
permission to resume her maiden name
of Platt.
Sarah Johnson yesterday filed her
complaint in divorce against A. ]. john
son on the ground of cruelty.
The herald., 1896-10-09
POLICE COURT PROCEEDINGS
Light Business Transacted in the Petty
Courts Yesterday

Police Justice Owens yesterday SEN
fenced Martin Gordon. a petty thief.
who stole several razors from bar
Der shop, to sixty days in the city jail.
a straight sentence to work out on the
chain gang.
Jack McCauliff pleaded guilty to bat
terry upon his mistress. Myrtle Simp-
son, in her crib on Paradise alley, and
was given six months in jail commit
ment being suspended to enable him to
leave town.
The examination of Lee Chez and ALI
Gin on a charge of having burglari2ed
the room Of Gin 500, a countryman,
was to have been tried before Jutsice
Morrison, but went over until the 10th
at 2 p. m.
The trials of e. J. Mack, for violation
of the handbill ordinance, and Ben
Franklin, colored parsonage, for dis
turbing the peace, were set for the 18th
and 9Th respectively. John Brown or
"Scotty" will be tried for disturbing
the peace today.
A batch of drunks was sentenced and
one barn-sleeping vagrant named
Adolph Greaux was given thirty day
tloater, which closed the days bt,S;ness.
The herald., 1896-10-09
AT THE ORPHANS FAIR.
A Good Attendance Last Eevening
Lagye's Famous Painting.

A large crowd attended the Catholic
fair for the benefit of the orphans in
Turnverein hall last evening. The
booths did rushing business, their
tAir proprietors being busily engaged
fn gatherin in the shekels for the
fatherless and motherless little ones
During the evening a bass solo was CIV
en- by Clarence B. Held; a recitation by
Blanche Caldwell, and a contralto solo
by Lille Scanlon.
The famous painting by Lagye, the
Ste. Godelieve de Ghistele, attracted
much attention and was the entire even
ing surrounded by an admiring group.
This painting won the first prize of 5000
francs each at the exhibitions in Brus-
sejs in 1887 and Antwerp in 1889 1t is
owned by DR.. ]. f. Roth, and by him
loaned to the ladies for the exhibition.
Thus far the attendance has been most
satisfactory to the management, and
1t Is evident that neat sum will be re-
allied for the orphans.
The herald., 1896-10-09
ARTISTS MAY COMPETE
Prizes Offered for Fiesta Poster and
Emblem

At meeting Of the Fiesta executive
committee yesterday afternoon a spe-
cial committee of three was appointed to
suggest general plan for the Fiesta
of 1897. This plan will be submitted to
the committee of thirty at it's next meet
ing for discussion.
1T was decided to offer a cash prize of
$35 for the best accepted design for
single-sheet poster for advertising the
Fiesta, all designs to be submitted on or
before December1.
1t was also decided to offer SO cash
prize for the best design for an emblem
typical of La Fiesta de Los Angeles,
the same conditions to apply as in the
design for poster.
The herald., 1896-10-09

counting on witnessing one Of the most
exciting evenings sport held here for
some time. The contestants, J. A.
Burns of Chicago and c. H. Gridiey Of
Los Angeles, are both recognised as
masters Of the art in their class, and as
such will give the people chance Of
witnessing a contest that for cleverness
and science cannot be beaten. The RI
valry existing between the two men will
make the contest no love affair; on the
contrary it will be a fierce struggle
from beginning to end. Both men have
been training for the contest since Sep
tember 1st, and are in condition to
wrestle all night if necessary. Burns
will step into the ring with about five
pounds the advantage of his short an
tagonist.
The match is to be catch-as-catch-
can, best three in five falls, the winner
tc take 5000 of the $3.50 purse.
In addition to the wrestling match
there will be several interesting prelim-
inaries, the principal one of which is q
go between Hank Griffin (colored) Of
this city and Kelleher of San Francisco.
Johnny Burkhardt and Young Dempsey
are looked upon as likely pair for an
interesting setto. and two unknowrs
will also do their share toward contrib
uting to the evenings entertainment.
The herald., 1896-10-09
AN ovERCoAT FIEND
Goes to Folsom for One Year to Over
come His Habit.

An old man named John Gilmore was
arraigned in department one yesterday
on the charge of petit larceny. The old
fellow is 60 years of age, and has had
a penchant for stealing overcoats. AL
most year ago he was convicted Of
stealing a coat, and yesterday he plead
ed guilty to like offense. Having a
prior conviction against him, he was
ordered committed to the state prison
at Folsom for one year.
1t Is not quite certain that the old
man Is thoroughly sound in mind. He
Is well known about the court house,
and has always acted rather peculiarly,
and may have to be examined before
being sent north.
The herald., 1896-10-09
CUT OVER THE LEFT EYE

Alexander Watson was brought to
the receiving hospital yesterday morn
ing from First-street lodging-house
for treatment of cut over the left eye
Watson had been drinking and did not
know how he had received the injury,
simply that he had bled a great deal
and needed fixing UP. DIR. Bryant sew
ed up his wound and discharged him.
The herald., 1896-10-09
LOTTERY DEALER ARRESTED.

After Officer Sparks gets through with
his days work in the police station as
office man, serving subpoenas, attend
ing to patrol wagon calls, ETC., he gen.
orally goes out and rounds up Chinese
lottery ticket seller or two, just to vary
the monotony. Last evening he went
over into Mott alley and gathered in
Sy Chook, whom he booked for selling
the forbidden tickets. Chook dug up
$25 bail and got out Of jail
The herald., 1896-10-09
HELD UP ON BROADWAY

Yesterday about 8 p. m. Mr.. e. S.
Lemon was invited into Salyer & Rob-
inson's piano store, corner Third and
Broadway to see the wonderful Crown
piano played by Goolman's attachment
While in tho rear part Of the store he
was set upon by the firm and robbed of
his pockeknife. The only explanation
given for taking the knife was-to cut
prices the remainder of this month
Lemon though slightly squeezed, is all
right No arrests
The herald., 1896-10-09
AFTER THE SLOT MACHINES.

The police are about to make an en-
deavor to suppress the nickel-in-the-
slot card machines, which are now to
be found in every cigar stand counter
and saloon bar in the city. Yesterday
Officer Hubbard went around patroniz-
ing the different machines, and then
serving notice of arrest upon the pro-
prietors. A test case will be made and
the devices for securing free cigars and
drinks prohibited If possible.
The herald., 1896-10-09
71axinum temperature. 70.
Mtnlmn1n taDporAsures ~

nUD0
aright Special Delivery.
Rooms e. week and up. q. Q. Hotel
orr = Hines, undertaken. removed to
~ South Broadway. Tel. Main IS.
8rieht. special baggage delivery; main
eflce. 326 w. Second st. TEL Main AZ.
n. Dunton has removed his ONCE and
&. ~
eharp q Samson. funeral directors
Independently. 5se South Spring street.
Tel. 1922
~. Brasselman will meet her class IN
At needle work at 3 p. m. today 1o' ~.
Spring street.
Toe Arnold, agent for the celebrated
Mexican ciger. 1858 South Spring street
Telephone main 9s6.
watches cleaned. rs cents; maia-
aprincs. so cents; crystals, 10 cents. rat
ton. 2l4 South Broadway.
ne~inners' class in physical culture OF
II ". G. A. meets today at p: m; tne
normal class at Z p. M, at lo1 N. opr'ns
street..
The Firth ward club for better city city
eoyernment will hold meeting tonignt
n 7:45 at Casa de Rosas, corner OF HOO
yer and Adams streets.
The monthly mothers meeting OF Cen
Hrnl w. C. T. u. occurs today at temper
snce temple at 2:30. Subject. Mothers
end the Suffrage Question.
Get Facts and Figures" and you can
answer arguments. 1t Is full OF statistics
which being photographed from govern
ment reports are absolutely correct
Adams Bros, dentists. 239h South
Spring street Painless filling ana ex-
tracing. Best sets of teeth from sS to
SO. Hours, to s: Sundays 10 to H.
Something new every week at H. e.
Lichtenbergers art emporium, 202 South
Sprin9 street, in the Wilcox building. II
you have picture to frame bring II 10
us and get our prices for framing.
For sale cheap, 500 pounds brewer
type: was used or The Herald until
2erEenthaler typesetting machines were
Sut in April 15. Address Business Man
6Ker The Herald. Los Angeles. Cal.
A meeting of the Ministerial union
committee, appointed for the prevention
OF crime, will be held in the parlors OF
the First Methodist church this evening"
The session will be private and business
OF Importance will be transacted.
Dr.. Rebecca Lee Dorsey. Stimson
block, first floor, rooms 1873. 1S4, 135:
Special attention given to obstetrical
cases and all diseases of women and
children. Electricity scientifically
used. Consultation hours. to s. Tel
1927.
ABOUT noon yesterday tne ire oePdrt-
ment responded to an alarm for blaze
in the premises at No. $40 Commercial
street, occupied by j. c. Martinez. The
fire was caused by a defective flue and
damage to the amount Of about $50 was
done.
A complaint was yesterday sworn to
IN the police court by Detective Walter
Auble charging Don Abbott with the
crime of petty larceny in having stolen
from j. w, Buhrege on September 18th
last, q couple of chisels and a drawing
knife. A warrant was issued for Abb
bott's arrest, but has not yet been
served.
The herald., 1896-10-09
PERSONALS

L. A. Mares of Liverpool, England,
who represents a large amount of Eng
lish capital invested in California, is at
the Westminster.
John M. Dunsmoor, wife and shildren,
left by the steamer Santa Rosa yester-
day to attend the meeting of the grand
lodge of Masons at San Francisco He
will be absent several days.
The herald., 1896-10-09
CHAMBER OF COMMERCE NOTES

Mrs. e. H. Childs of the city has sent
the chamber of commerce a lot Of very
handsome chrysanthemums
Ira L. Lamphear sent lot Of Kiefer
pears
j. A. Murocks Of Westminster sends
In Morse lettuce.
z w. e. Ready Of Ventura sends q lot
Of apples called after himself, "Readys
Delight"
The herald., 1896-10-09
Thst JOYFUL Feeling

With the exhilarating sense Of renewed
health and strength and internal clean
liness, which follows the use bf Syrup
Of Figs, is unknown to the few who have
not progressed beyond the ld-time
medicines and the cheap substitutes
sometimes offered but never accepted
by the well informed.
The herald., 1896-10-09
IMPROVEMENTS AT Ell MONTE.

The people of Ell Monte have been
aroused, and new improvements are
being made almost every day. A CO.
operative creamery is the latest addi-
ton to the industries Of this place, ana
= new hall has just been erected and
dedicated to the education Of the people
- the money question.
The herald., 1896-10-09
A GOLDEN RULE.

Always have bottle of Tip Top Cough
Syrup in the house. The time to cure
cough or cold is right at the beginning.
A few doses Of Tip Top has prevented
many a cold from developing. 1t Is
good safeguard to have on hand. Price
80 cents. All druggists.
The herald., 1896-10-09
THE MEAT CHOPPER GOT HIM

"A butcher named l. B. Try came to
the receiving hospital yesterday after
noon for treatment, having lost the tip
OF the index finger of the left hand in a
meat chopper In the shop at the corner
Of Fourth and Spring streets DR.. Bry-
ant fixed him up and sent him home.
The herald., 1896-10-09
MARRIAGE LICENSES

The following license was issued yes
terday from the Office Of the county
clerk:
Frank Hill, a native Of Illinois,, aged
81 years. and Mary S .Burkhardt, a ma
tive of Missouri, aged 33 years, both res
idents of Los Angeles.
The herald., 1896-10-09
WRESTLING MATCH.
Much Interest Felt in the Contest at the
Athletic Club Tonight.

The big wrestling match at the Los
Angeles Athletic club this evening is
being looked forward to with keen in
terest by large number Of the SPORT
ing fraternity of the city, who are
The herald., 1896-10-09
tianniman Fish Co., San

hanniman Fish Co., San Pedro
Fresh fish and Holsters shipped direct to
all points in Arizona, Texas and Mexico
from cannery in San Pedro, at lowest
wholesale prices.
The herald., 1896-10-09
Our Hou,a Rrev

Maier & Zobelein's lager. fresh from their
brewery. on draught in all the principal
saloons; delivered promptly in bottle or
kegs. Office and brewery. 40 Aliso street;
telephone 81.
The herald., 1896-10-09
.JoTTINGS

The Celebrated John Wieland Lager Beer
Try It. On draught at all principal sa-
looms. Family trade solicited. ADLOFT
& HAUERWAAS. sole agents. $40 N. Main
Tel Main 46S,
The herald., 1896-10-09

Hawley. King & Coz. cor. Fifth st. ant
agents genuine Columbus Buggy
company buggies and bicycles.
The herald., 1896-10-09

Largest variety Concord business waxoY
and top delivery wagons. Hawley. King
Co.
The herald., 1896-10-09

New sewing machine for rent, % per
month. 427 s. Broadway. Telephone 1419
The herald., 1896-10-09

Wedding invitations or announcements.
either printed or engraved, fine quality
reasonable in price. II. M. Lee & Bro.
The herald., 1896-10-09
POLTTJCll lNNf7TINCEN

1858 lbs. Keatings-"365 days ahead O
them ALL Hawley, King q Co.
The herald., 1896-10-09

Everything on wheels. Hawley. King
Co.. cor. Fifth street and Broadway.
The herald., 1896-10-09
Z os ANGELES SAVINGS BANK.
'.--,
20 N. Main ST.

J. r. Pister, Pres. H. w Hellman, v. Pres.
10 az w. N. Caswell. Cashier.
Directorp--I. w. Hellman, ]. q. Platter.
q. ". Hsllman. !. W. Hellman. Jr.. W.
interest paid on deposits Money to ioan
"a ATDt-cl6se real oatate.
The herald., 1896-10-09
BIRTHS

BfXBY-At Los Cerritos Rancho, Octo
Der z. 1886 to the wife Of Geo. H. Bixby
daughter.
The herald., 1896-10-09

"Ice creem and Icss %
Dollar per gallon. Hicks, 206 8. Broadway
The herald., 1896-10-09

NJ. e. C. MUNDAY,
Candidate for Judge Of the superior court,
Los Angeles county; nominee Democratic
and Peoples parties.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-13
THE WINDSOR'S NEW CAFE.

4 nlsasan, little cafe which will prove Of great
advantage 10 the theatregoers who indulge in late
supper was opened last evening in the WINDSOR
Hotel Flsth-ave. and Fifty-sxh-st There has been
nothing OF the kind hitherto in this neghborhood'
and il Will prove a boon 10 many persons. The room
on the south side Of the hotel and Is entered from
the ladies' entrance in Fifty-sixth-st. Adjoining 1t
are ladies' -eception-rooms The cafe itself de-
signed by William Linden friend OF the Leland
Brother He mas accomplished a pleasing effect IN
the Louis Ky style with salmon -colored walls.
Last evening the cafe was pre;tily decorated with
flowers and there were merry gatherings az the
various 5les Mr.. Leland believes that his new
venture Will be appreciated by theatre parties ano
Others VINO have long felt the want OF care IN the
rsigabornOod OF the Windsor.