The record-union., 1898-02-26
JUDGMENT FOR A BIG sum.
END OF THE CLARKE-REAVIS
LITIGATION.
The Sacramento Capitalist Award
eH $17O,549 by Judge
Hebbard.

Unless there should be an appeal to
the Supreme Court the end has appar-
emily been reached in the litigation be-
tween c. W. Clarke, the local capitalist,
and the heirs Of the late D. NJ. Reavis,
the Butte County farmer.
Judge Hebb2rd of San Francisco yes
terday rendered judgment in Clarke's
favor for the large sum OF $110049 "a
The judgment is against Ann E., j. j.,
NJ A and d. Nj Reavis and Frederick
Holt, administrator of the estate of
Nellie B. Holt, deceased, the sum OF
S125, 100 50, the amount of judgment,
and a further sum of $23, 2S6 20, the
amount of several promissory notes,
together with interest on both sums
The court also adjudged that the
plaintiff Clarke holds three life-insur-
ance policies as collateral security
therefor, and that he may, after re-
paying himself certain sums advanced
by him as premiums, apply the balance
of the proceeds on account Of the final
judgment rendered yesterday morning.
The action was commenced June 3,
1896 and thereafter, in August OF the
same year, Clarke collected S3o,OOO, the
amount of the three policies, paid TO the
defendant d. NJ. Reavis, Jr., the sum OF
81 800, 20 which il is admitted Reavls
was entitled, and retained the balance
of $50, 800 to abide the final judgment
D. NJ. Reavis, ST., father of the above
named defendant, had had several bus
ines dealings with Clarke, and in Octo-
Der. 1856, he owed Clarke 5000.
Thereupon he and his wife executed
promissory notes for the amount, at
the same time assigning to Clarke the
three policies of insurance.
Reavis died in May, 1896; in Septem-
Der, 1887, the notes for $4,000 being
unpaid and interest having accrued to
bring the total amount up TO SSH
7O3 80. and other Indebtedness having
arisen between the parties, a new note
for S113,SS4 0S was executed by Reavis
and his wife to Clarke. In February.
1890. Reavis and his wife owed Clarke
$780, $40 81, and a last note was exc
cuted for that amount, Clarke still re-
tanning the insurance policies.
On the last note Clarke sued, in jan
uary, 1894. obtained judgment for S125,-
165 So This judgment remains unpaid.
The Indebtedness upon the several
notes amounting to $23,20 % was
never disputed. Clarke, InedllW Hlici
kept up the insurance policies by pay
ing premiums on them, amounting to
over $13, COO
The defense set up to this action was
that there was no agreement, when the
last note was executed that Clarke
should retain the insurance policies;
that the assignment was released by
the note, which was to cover all finan-
cial transactions between the parties.
On this proposition the court finds the
evidence conflicting, but that the fact
that Clarke for years and years kept
the insurance policies going, paying
premiums the While and advancing
money out OF pocket to Reavis and his
wife proves conclusiyely that he re-
tanned those policies as sole security
for the moneys owed him.
As the defendant children Of Reavis,
too. were parties to the final transac-
ton wherein the note is question was
given, they cannot now say that the
assignment was released eleven years
ago Judgment was given for the
plaintiff as prayed for.