The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-02
THE STURM-BOKER CASE
JUDGE WOODS GIVES A DECISION
SUSTAINING THE GENERAL.
History of This Litigation, with In
ternatiOnaI CompIicatiOns-Affairs
of the Local Courts.

Judge Woods yesterday afternoon gav
his decision in the Sturm-Boker litigation,
which came up on exceptions by the plant
if to the report of Master COMMISSIONS
~Ffshback, awarding Sturm a judgment of
about $50, 600 under the decree of the Su-
preme Court of the United States. The re-
port is sustained in all particulars but two,
Sturm is given an additional allowance of
1924 upon one item in the bank account
where this sum had been twice credited to
Boxer & Co., and Boxer & Co. are credited
with an additional allowance of 1850 at
torneys' fees. AT the same time it is or
dered that paid-up life insurance upon
Sturm's life, held by the Boxers as col
lateral security upol a sun of $4,000 that
has been paid, be returned to the original
beneficiary, Mrs. Sturm.
The history Of this litigation is interna-
tionaI, arising out of the Mexican troubles
in driving Macmillan from the throne he
had set up on Mexican soil. General Her
man Sturm in 1868 had obtained a conces-
sion from the republican government of
Mexico permitting him to ship arms into
the country without paying duties upon
them and he had been commissioned by
that government to purchase it certain war
supplies to be paid for partly by specie and
partly ny DOIOS Oh the MEXICAN BONCIn-
nent for which he held orders upon the
Mexican consul at New York. He pur-
chased about $86, 900 worth of arms from
Boxer & Co.. of New York, the firm con-
sisting Of Ferdinand Boxer, Frederick
Schumacher and Herman Funke, who are
defendants in this litigation. In the course
Of his negotiations with them he entered
upon a joint undertaking with the firm to
shin arms IN Mayipn IN thGir NUN appOI1nt
under his concession. They sent two
schooners, the Keys and the Blonde, loaded
with arms to Mexico. The Keys, upon
which Boxer & Co, had about $4,000 worth
of arms and Sturm had about $l63, coo, was
lost off Yucatan, but the Blonde arrived
in port, after having lost a part of her
cargo. The cargoes were insured, but the
insurance companies resisted paymen on
the grounds that the Keys had been scut-
tied and the goods had been oVerValued.
On the Blonde Boxer & Co. had about
$685. 900 worth Of arms and the rest belonged
to stuEm. With these and other her
claims he held against the gov
eminent, Sturm had about $20O,O0 worth
of property in Mexico. This property he
turned over to the firm of Holden, Boxer
& CO., Mexican correspondents of Boxer q
Co., with directions to realize upon it and
remit the proceeds to Boxer g. Co. Out of
this property about 1000 cash was real
lied. Upon returning to the United States
Sturm turned over about $40, 600 in gold and
silver to Boxer & Co. The insurance litiga-
ton was never concluded until 1878, when
something over $9S, 900 was recovered and
paid to Boxer & Co, after they and Sturm
had expended about $109, 900 in prosecuting
the litigation. Thus Boxer q Co. held about
100000 of the partnership funds.
The firm dissolved and General Sturm
brought suit against the three partners for
an accounting and it has been dragging
along through the courts for about fifteen
years. Something over a year ago the Su-
preme Court Of the United States gave a
decision that the moneys turned over by
Sturm or his Mexican agents should be
accounted for, that the insurance money
and expenses of the insurance litigation
should be prorated according TO the amount
of property the partners had upon the
insured vessels and that Sturm should be
allowed his personal expense in looking
after the litigation, though he should get
nothing for his services in this respect.
Then the matter went to Master Commits
sioner Fishback, who spent most of last
summer taking testimony and gathering the
evidence upon which he made the findings
noted above