davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
VITAL STATISTlCS-JULY 9.
Deaths.

Maggie Francis. twelve years iO47 Reyno street.
consumption.
Infant Krebs, S21 Virginia avenue, entero-
colitis
Emma Tebert. eleven months s29 English ave.
Infant Tedlow, III Cottage avenue, pertussis.
Mary A. Wilson, seventy-sX years, Hubbard
street senie debility.
Infant IYoucks, Hillside avenue. murasmus..
/. L. Cox, thirty-seYen years, Brlghtwood
tuberculosis.
Sarah q Mccormick ffty-seven years 4l2 East
Vermont street. cerebral softening.
Gertrude Schulz. twenty years. AIS Park ave-
Infant Benedict, 2l2O North Meridian street, in-
anition.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
VIII Uphold Tariffs.

The executive committee Of the Western
roads met yesterday afternoon for the pur-
pose of considering freight rates. These
have been in an unsatisfactory condition
for some time, and the meeting merely de-
cided to uphold the agreed tariffs. No 9TH
err action was taken.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10

Daisy and George Brown Wayne township.
Mary ana Peter Galleger. 1859 Sheffield street.
girl.
street, boy.
Ida and S. II. Mapas, city, boy.
Hattie and G. w Martindale. 572 Prospect
Katherine and Herbert Robertson, SOL Elm
street, boy
Mary and Edward Gaylord 1922 College avenue,
girl.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
CentrnI pnssenger Meeting.

The melting of the Central Passenger Com
mittee at Chicago yesterday developed
nothing but routine matters. Nothing came
before the meeting except the application
for low fares to meetings in various parts
of the territories of the committee
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
Asks Heavy Damages.

Another heavy damage suit was brought
yesterday against the Indianapolis Brewing
Company for personal injuries suffered in
the explosion at the Schmidt brewery Sept.
80, 1896. The plaintiff is Otto Kaiser. who
AYERS he was horribly burned and bruised.
He demands $4,000 damages.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
J. p. LingenfeIter's WIN.

The will Of jeff P Lingenfelter, executed
at Fitzgerald, Ca, was offered yesterday
for probate. The testator bequeathed his
entire estate to his brother, Halbert Lin
the estate is TO be divided between other
brothers and sisters.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
Ric Refunding Bond Sale.

syndicate led by Kuhn, Loeb & Co,
of New York, is reported to have pur-
chased from the Chicago & Northwestern
Railroad Company 500 900 of the refund
ing 31a per cent. bonds. to be used in taking
UP Outstanding obligations.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
CHURCH NOTICES.


FIRST BAPTIST CHURCH-Northeast corner
New York and Pennsylvania streets. d. j.
Ell D. D., pastor No preaching. Congrega-
IN union services. Sunday school. $3.50 a. m. b.
T. T.. u. 6:45 p. m. Prayer and conference meet
ing Thursday evening at 7:45.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
Christian,
CENTRAL

CENTRAL CHRISTIAN CHURcH-Corner N.
Delaware and Walnut streets. The Rev.
A. l.; CIRCUIT will preach at 1O:45 a. m.
on What Jesus Began 10 Do No evening serv-
Ice Sunday school at $50 a. m c. L. meeting
at 6:45 p. m. All welcome.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
DIED.

~N~~~~%~~O~~~~~~~~~~-~~~
M YHEW-Osear r. Mayhew, 1890 D. m. Friday,
July 8, of exhaustion. Funeral notice later.
BOHN-Erw in infant Of Arthur and Louise
Bonn. Funeral to-day at 4 ., from resi-
cence, (oldD IS4 East New York street. Funeral
private.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
New SHIFTS Filled.


Consolidated Coal and Lime Company vs.
John NJ. Sims, Elizabeth NJ. Sims ct all
suit to foreclose. Room l.
Otto Kaiser VS.. the Indianapolis Brew
ing Company; damage suit. Demand
$4,000. Superior Court, Room l.
Charles Mackey, James G. Anderson and
William H. Bryant vs.. John w. Riley;
foreclosure. Superior Court, Room 3.
Florence NJ King VS.. Winfield S. King
and the Prudential Life Insurance Com
pany of America; support. Superior Court
Room 3.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10

maxim: Better that guilty men should es
cape than that one innocent should suffer.
3. The consolatory ard persuasive power OF
Christian song is well illustrated. Sing on You
will be comforted, and some prisoners of grief
sin will hear you.
1. The observation-disclosures of the jailer's con-
version is worthy of note. One moment he was
brutal the next compassionate.
5. Christianity is the religion of the family
1t is Lydia and her house, Cornelius and his
the jailer and "all his straightway.'
6. There IS no finer comment on the passage
IAN things work together for good to them that
love God than this Philippian incident.
Z. The Philippian dungeon was the catacombs
in miniature.
g. He washed their stripes The jailer began
the Christian life well. 1t is a life of service
for others.
0. DO myself harm. Religion ~ the best
means Of keeping people from harming them
selves.
TO- Believe on the Lord Jesus; ard thou shalt Be
saved. Pour Scripture into the inquirer 1t IL
the entrance of Gods Word that gives light.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
Mar~iage Licenses.
Two Inky Why's.

George r. Clark and Gertrude Hickman
William Taylor and Sallie Carter.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10

strain on your powers" Keep your beauty,
it is a precious possession! Your husbandloves
your beauty, he is proud to be seen in public
with you; try to keep it for his sake, and your
own.
The pale cheeks, the dark shadows under
the eyes, the general dropping of the young
yxife,s form what do they mean They mean
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
WHAT MAN DOES NOT LOVE BEAUTY
Pkham Counses Young Wives Their Aactivenes
A Letter From Young Wife.
Seven-e;ghths of the men

Seven-eighths of the men
in this world marry a woman
because she is beautiful
in their eyes. %
What a disappoint- IN
ment then to see the -
fair young wife's beauty
fading away before a year
passes over her head.
l feel as if l would like
to say to every young woman
WHO'S about to be married
strengthen yourself in a
vance, SO that you will NJ
break down under the ne
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
Methodist.

CENTRAI.-AvENUE M. E. CHURCH-Corner of
,n central avenue and dweItth street sermon at
?; D. Holy communion after morning sermon.
m Junior league, p. m. Epworth League
service, Z to p. m. No evening preaching serv-
ice until further notice.
MERIDIAN STREET NJ T. CHURCH-Corner
New York Preaching at 1915 a. m. by the
pastor Fey G. N sims, p. D. No services; in
$3.50 a. m. Christian T1ndeavor $50 p m. Prayer
meeting Thursday evening at i:45. All are cor
ROBERTS PARK NJ. E. CHURCH-Corner Del
aware and Vermont streets. Class meeting at
IL a. M and As D. m. by the Rev Frost Craft,
D. D., of Bloomington, III. Epworth League at
645 p. m Prayer meeting Thursday evening at
745. Strangers welcome to all these services.
Presbyterian.
FIRST PRESBYTERIAN CHURCH-southwest
Rev. NJ. l.. Haines D. D., pastor. The congre-
Presbyterian Church win unite in union services
to-morrow at 1o:45 a. m. Sermon by the Rev.
school meets at $50 a m. Society Christian En-
deavor at Gas ?. m. Midweek prayer meeting on
welcomed.
SECOND PREsBYTERIAN. CHURCH-corner
Joseph A. Miiburn, pastor; Kew Edward Bacon
associate pastor. Preaching, 1915 a, m. No
deavor, 6:45 p m: sunday school 9;45 a m:
pag IT Ws s HSn @ s Meyer
Sndsy sehG2 een 2S at
SIXTH PRESBYTERIAN CtURCH--The Sixth
for repairs. win observe next sabbath as opening
worship. The church is now one of the most
handsome of the South Side.
TABERNACLE CHURCH-Gorner Meridian n and n
pastor. Rev. v. b Durham associate pastor
ss9G9 Nj NH preach in West
Mt. Jackson Chapel at T:45 p. m.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10

OF all the thoughts o. heaven the sweetest, this.
1 say
To have sometime somewhere, the things of
earth toregone,
The precious gifts OF God We blindly put away.
The days whose 1eeting light was wasted at the
dawn.
The things we might have done to do. sometime,
somewhere,
Our best. our truest selves in that new life to
Oh! that were sweetest heavn think. here.
there,
Enough for sons of God. enough for you and
James Buckham
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10

Have been conveniently located at the following
drug stores in the various sections OF
the city from which
ADVERTISEMENTS WILL. BE TELEPHONED
Direct this office at regular rates
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
FUNERAL DIRECTORS.

FLANNER & BUCHANAN-172 North
Illinois street. Lady embalmer. for
ladies' and children. Office always
open. Telephone cal Hacks at lowest
prevailing price.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10


STATIONS
Alabama and It'll sts.-s. Muhl.
Eellefontane St. No 4o0-Claude Fields;
christian Ave. No. 197-F. +. Dannettelle.
Chiord Ave, No 324-Philip Miller.
Coiege Ave and 18th St.-Geo. c. Flsner.
Coumbla Ave. and 9TH St.-Geo. {. Ruch'
Columbia and Hill Aves.-R. c. Hampton
iJeI&ware and McCarty-H. A. Pfataln. ,...-
AliIoh ana Fletcher AYe.-Hugo II. Lehtii''Vt'
4east and McCarty S5s.-E. c. ReicK 49,,
e.; wayne Ave, No. 190-Thcc. r. IhofhOuis 8
hillside Ave. No. 1s-H. w. Carter.
Iiihols ana 1st Sts.-S. Muhl.
IiIinois and 18th Sts.-S. MuhI.
niiihols and 18th Sts.-J. NJ. Scott.
41iiihois and 22d Sts-Frank Keegan.
illinois and North sts.-R NJ Navin.
I I9iiana Ave. and Vermont Str. T; blooau'
iHdIana Ave. No. 2O1-John d. Gauld.
SSIIauIson ave, No. 427-Jos. NJ. Dwyer.
119ass' ana Cornell Aves.-C. e. BarInIn'
i S5s' ave: No .a01-L. L. Haag.
Yer and Morris Sts.-C. H. Broich.
VT. ana Ray Sts.-John e. Myers.
sISr; ana Russell Ave.-Geo. T. Borst.
Mich, No. 1859 East-Van Arsdale Bros.
New New. York and Noble Sts.-E. II. Enners
SHew York, No 37s West-F. f. Wclcott'
me, NO POI South-A. L. Walker.
senate Ave. and Sd STA. NJ. Eyster
SENATE ave. No. 1855 North-E. e. Steward
smelly St, No. 1S2-C. A Eitel.
IaIoott Ave, No. 350-M. Schwartz.
Virginia Ave, and Coburn-C. q. Mueller.
Virginia Ave. and McCarty-M. c. Staley'
WASH 81 and State Ave.-N. S. Drlggs'
Mash. St, No. 7O3 East-Baron Bros.
west ST., No. 500 North-C. w. Eichrodt'
1andes and 9Th Sts-Dfxon
North Indianapolis Library Building-A D.
Gauld Bro Tel 1894
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
FINANCIAL.

~~-~~~>O~~~~>~~~>~~~~~O~
LOANS-Money mortgages. c. +. SAYLES,
70 East Market street.
LOANs-Suns of $500 and over.
City property and farms.
G. e. COFFIN, L. co. 80 East Market street.
MONEY-To loan Indiana farms. Lowest
rates, with partial payments. address c. y.
WILLIAMS 81 CO., a19-322 Lemcke building.
LOANS-Any amount. On furniture. pianos, store
fixtures, etc. Reasonable rates (Contdential.)
E J. GAUSEPOIiL 21a w. Wash. ST., Room l.
LOANS-On Indianapolis residence and business
property at s. 542 and 6l2 per cent. MERE
DITH NICHOLSON, Room sos Stevenson build
ing, eighth floor.
MONEY-To loan on Indiana farms. Lowest
market rate; privileges for payment before
due. We also buy municipal bonds. THOS. c.
DAY & CO., Room 32J-S3o. third floor Lemcke
building. Indianapolis.
FINANCIAL-Money 10 loan furniture, pianos
etc., in small large amounts, lowest
terms; easy payments: confidential SECURITY
MORTGAGE LOAN COMPANY, Room 207 In
diana Trust building (old Vance block), corner
Washington street and Virginia avenue
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
MISCELLANEOUS

MISCELLANEOUS
Old hats made new and in style, and all kinds
OF repairs on gentlemens hats. Trimmings to
match any color Straw hats beached and
pressed JOHN A WENNELL, the only practical
Hotel block.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
ADVERTISING STATIONS.
THE JOURNAL

->~-~>~-~~O~|~-~~~~~~~~~~
BRANCH OFFICES
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
THE COURT RECORD.


John c. Ruckelhaus, Judge.
State Of Indiana VS.. Jennie Bechtel; keep
ing house of ill-fame Defendant dis
charged.
State of Indiana VS.. Joe Parish; selling
liquor on Sunday. ,Nolled by State.
State of Indiana VS.. Cyrus McGehey; pro-
woke Appeal from justice of the peace.
Finding of not guilty.
State of Indiana VS.. Frank Wardlow;
trespass. Appeal from justices court
Finding of not guilty.
State of Indiana VS.. Dora Emory; tres
pass. Appeal from Justices court. Find
ing of not guilty.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
LOST.

LOST.
LOST-Beta pin, name of J. L. Gavin on back
Finder return to $50 North Pennsylvania street
and receive reward.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10

FOR LE-Miscellaneous-Ice in car lots on
Bag -Four track, this City. Address CITY ICE
COMPANY.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
WANTED--MISCEI

-CO~N~~~~~-~O~~~N~~~-~~~O~~~
TO LET-Hall and lodge rooms, furnished.
Monument place. WILLIAM II. MORRISON
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10


LOANS-Money mortgages. c. +. SAYLES,
Is East Market street.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10

9II> p = - - a ~ ~ = -,
BUSINESS CHANCE-Partner with S65 to pater
new slide valve for steam engines Third il
terest given. Address j. j., care Journal.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10

~N~~~~~~~~~~~~O~)~~~~~~~
TORAGE-Indianapoli Warehouse Co., 300
S. Penn. st. Pennsylvania tracks Phone IS
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10

WANTED-Cirocery; to buy broken job lot to
NIL in with nv stock; pay cash. q. H. JOR-
DAN, MlddletEWn. Ind
The advocate., 1897-04-21

the defendant was allowed, over the obIec.
tion OF the plaintiff, TO file an amendment TO
his answer setting uD an entirely new Item OF
countercl claim, the plaintiff should have been
allowed time to plead to said amendment, or
OF least to procure evidence thereon
2. Where T. rents Of v. farm OF 800 acres OF
land, and the only reference to the dwelling
house, which was afterwards burned, is as
follows: "Said V. hereby agrees TO repair the
tenant house (nOW on said premises and now
occupied by VIM. Spratford) for the use OF
said 7" and said house is during the term Of
said lease destroyed by hre without the fault
OF either party, Il. cannot recover OF V. the
value OF the use Of said house for the re.
mainder OF the term after the fire.
All the Judges concurring.
true copy.
Attest: VIII. GATES,
SEAL Clerk.
The advocate., 1897-04-21
Kansas Court OF Appeals, Northern Depart
ment, Central Division.
1872.
]. N. Hotchkiss, plaintiff in error,
Vs.
Jason Patterson, defendant in error.
Error from Jewell County District Court.
REVERSED.
SYLLABUS.

/. Prospective profits when they are fairly
within the contemplation OF the parties LOT
too remote and conjectural and susceptible Of
being ascertGined with reasonable certainty,
may constitute proper measure of damages !;
but, held, In this case that in Q contract Of
lease and promise Of the lessor sin case Of loss
OF crops by hail or drouth, to stand one.half Of
the loss" onehaf OF the value of what is estl-
mated to be an average crop, at the market
price Of such average crop in year when
crops ara failure, is too remote and con-
jectural and Is not susceptible of being ascer-
tained with such reasonable certainty as TO
constitute proper measure OF damages
3 A molten for q new trial ON the ground OF
newly discovered evidence should DO allowed
where the showing disclosea that the evidence
was, in fact, discovered after She former trial;
The advocate., 1897-04-21
SYLLABUS.

1. While 1t Is we'll settled by numerous deci
sions that in proceedings In error the court
will not undertake to determine upon which
side OF the question the weight or the prepon
derance Of the evidence is, yet, where there is
no dispute as to the facts, this court will look
Into them to determine whether the legal ef-
feet thereof has been properly declared.
q Where, in q motion to discharge an at.
tachment for the reason that the grounds laid
therefor are untrue and the fact relied upon
Is the making OF chattel mortgage, 1t is com
petent for the plaintiff to show the conduct Of
the parties to the mortgage thereafter and up
TO the time OF the hearing for the purpose OF
ascertaintng what was the true intent for
which the mortgage was made.
g. Where such conduct OF the mortgagor and
mortgage, with respect to the mortgage, dis
closes that the same was used for no other
purpose than to enable the mortgagor to re-.
tain the custody and management of the
property to prevent other creditors from re-
sorting to the same, attachment is well sus-
tanned. Ih must be concluded that the mort
gage was made for the purpose for which it
was used, and the ground for the attachment
is sustained and the motion to discharge the
same ought to be denied.
ALI the Judges Concurring.
A true copy.
Attest; w. II. GATES,
SEAL Clerk.
The advocate., 1897-04-21

primarily liable, which indebtedness was
assumed by Mitchell In consideration Of the
bond. Held, that Mitchell may recover the
amount Of the bond, Notwithstanding her
payment OF the indebtedness for which she
had agreed to use the money.
All the judges concurring.
A true copy.
Attest: VII. GATES,
TsEAL1 Clerk.
The advocate., 1897-04-21

that due diligence was used TO procure the
evidence; that the evidence is material 10 the
issue, goes 10 the merits OF the case, Is not
cumulative, aud ought to produce, on another
1ri%I' an opposite result upon the merits.
All the Judges concurring.
true copy.
A4ttest; VIII. GATES,
lsEALI Clerk.
The advocate., 1897-04-21

Kansas Court OF Appeals, Northern Depart
ment, Central Division.
A. Walker Vale, plaintiff in error,
VS..
George L. Trader, defendant In error.
Error from Jewell County District Court
REVERSED.
SYLLABUS BY THE COURT. WELLS, j.
l. Where the plaintiff sues to recover upon
various Items OF account aud damage, and the
defendant answers thereto admitting some Of
she claims and denying others and setting up
various Items OF Offset and counter.claim, TO
which plaintiff replies with . general denial,
aud upon such pleadlngs the parties 20 10
trial by jury, and after the PLAINTIFF has
The advocate., 1897-04-21
SYLLABUS.

l. IL Is competent to show by parol evidence
that an assignment OF an account, which ap-
pears upon It's face to be unconditional and
entire, Is In fact only an assignment by way
OF security for an amount much less than the
claim assigned, and that the assignor still has
o right therein.
2. A mechanic who has erected upon real
property heating plant, the agreed price of
which Is 81 ,800 having made an assignment to
bank OF such claim to secure loan OF $1,000
only, may under our statutes make and file
claim for lien under the mechanic lien law,
Notwithstanding such assignment.
.. mechanlc or mater1al-man, having
made an assignment of his claim by way Of
security for loan for an amount much
smaller than the claim for which he is enti-
tied to . lien, may, as plaintiff, maintain an
action to foreclOse the same, making the as
signee party defendant thereto.
4. Upon the trial Of such case, the amount
to be awarded to the assignee, in the deter.
mination OF the respective rights OF the as
stgnee and assignor, Is the amount due at the
time OF the trial, giving credits for any pay
ments that have been made after the action
was begun.
5. One who buys land and pays therefor,
gets the deeds therefor to be made in the
name OF another as trustee and in the name of
his SON, and who remains IN possession and
control OF the property at all times thereafter
until the completion Of the improvements
thereon made, under a contract with him, has
sufficient ownership in such land to create
q lien thereon for such improvements as
against his son, TO whom the deeds were
never delivered and who had no knowledge
thereof until after such improvements were
made.
All the Judges cOncurring.
A true copy
Attest: W.H. GATES,
lsHAIl Clerk
The advocate., 1897-04-21

Kansas Court Of Appeals, Northern Depart
ment, Central Division.
lM.
John r. skinner, Administrator, Gsorge
Thornton and Elizabeth Thornton, plaintiffs
In error,
RuminS Mitchell, defendant in error.
Error from Smith County District Court.
AFFIRMED.
SYLLABUS. BY THE COURT McELRoY, J..
/. Personal Covenants.--A covenant to pay
on certain mortgage Is personal" and not
"real covenant"
2. Evidence-Admission ot.--A case will not
be reversed ON account OF error In the admis-
sion or rejection OF evidence, unless such
errors are particularly specified by the plain.
tiff in error.
8. Demurrer TO Evidence.--Whe there is
enough evidence TO justify the jury in finding
for che plaintiff, demurrer 10 the evidences
should be oveTruled; the court should not
weigh conflicting evidence In passing upon q
demurrer.
A. ThOrntons gave Mitchell bond for the
payment Of g fixed amount OF money at date
certain; the bond provided that such money
should be used for the purpose OF paying
E0xtiOn 0g mote for which ThOrnsonS were
The advocate., 1897-04-21
Kansas Court Of Appeals, Northern Depart
ment, Central Division.

Kansas Court Of Appeals, Northern Depart
ment, Central Division.
Ozroe B. Looney, plaintiff in error,
VIM. II. Reeves and James 0. Reeves, defend
ants in error.
Error from Ellsworth County
REVERSED.
SYLLABUS. BY THE COURT CLARK, ].
1. The record Of q judgment rendered by q
court OF another State is not admissible in
evidence tor the purpose OF proving the deter
mlnatlon OF fact involved in the trial Of a
case In District court OF this State when such
record shows that such judgment was rem
dered without jurisdiction of one Of the nee.
essary parties.
.. In an action in this State to recover on
the covenants OF warranty In q deed executed
In this State for failure Of title to real estate
situated in the State OF Missouri, the measure
OF recovery Is governed by the laws Of this
State.
8. When the title to real estate fails, the
measures Of the vende9s recovery on the
vendors covenants Of warranty is the pur-
chase price. When no definite price is agreed
upon, but there is an exchange OF lands, the
agreed value, or, IL none, the market value OF
the lands given in exchange, is the measure
Of damages.
4. In an action brought by the vendee Of
lands to recover damages for want or defect
OF title, the vendor may show, in mitigation
of damages, that before the trial he had per-
fected the title in the plaintiff.
All the judges concurring
true copy.
Attest: VIII. GATES,
[sEALl Clerk.
The advocate., 1897-04-21

ooo ment, Central Division.
John E. Musgrave, plaintiff in error
- Vs.
me Glen Elder Farmers Alliance Co.opera.
1--WE shipping and Purchasing Association.
and }. X 2. Boyd as a stockholder In said
corporation, defendants in error.
Error from Mitchell County District Court
AFFIRMED.
SYLLABUS. Blythe COURT. McELRoY. 7
/. Corporation Proceeding Against Stock.
hClder-Set-oH.-ln proceeding by a cred
ttor OF q corporation against a stockholder
thereof, under statute making the stock
holder liable to the creditor for the amount Of
his stock, said stOckholder can set off such
claims as he has paid on execution.
2. AS matter OF equity the stockholder Is
entitled to set-oh for the amount yolun.
Garily paid, In good faith, Of the Just debts of
the corporation to a creditor.
g. Where the stockholder against whom pro-
ceedtngs are had to enforce the payment of
his stock liability, is himself creditor of the
1nsolvent corporation, he will be allowed In
equity to plead the indebtedness of the cor
poration to himself as o set.off against his lia-
billty to other creditors.
Wells, j.. concurring.
Mahan, P. j., dissenting.
true copy.
Attest: VIII. GATES,
lsEALI Clerk.