The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-22

ison C. C. Affirmed per curiam-Affirmed
upon authority, Of State VS.. Oil Company,
1882. Wilson VS.. State of Indiana. Elk
hart G. c. Petition for rehearing overruled,
176O8. Erwin VS.. Elk. rel VALLEY. Della
ware c. C. Petition for rehearing over
l7S55. Bedford stone Company vs.
O'Brien. Lawrence G. G.. Appellants petit
ton for rehearlng.
Appellate Court.
2265 Metropolitan Life Insurance Com
pany VS.. Bowser. Allen c. G. Reversed.
Black, il. An action to recover back pre-
MUM on the ground that the policy is void
alb initio is not founded upon the policy, and
they are recoverable as money had and re-
ceived for the PLAINTIFFS use, but the burden
is on the plaintiff to show that the policy is
void for the reasons stated in the complaint.
2; The liability to, return premiums paid
of insurance under which a risk is run by
the insurer in favor of the insured. and to
constitute such a contract there must be
parties capable of contracting.
2443 Letter rs. EmmonS. Fulton G. G.
Reversed. Robinson, G. il. A receipt
given by a milling company in the following
terms. to wit: Received of Lydia E.1nmons
AZ $3.50 bush. wheat, in store, to be paid for,
on demand, in flour at &c lbs per bushel,
and II lbs bran, subject to any loss by fire
or otherwise" is contract and rot a sale,
and the holder is not entitled to a cash
sale of the wheat, and before suit can be
maintained on the receipt "a demand must
be maze upon the mining company LOT Inc
flour and bran provided for and not for a
cash value of the wheat in store. .. In
constituting such contract and arriving at
the intention of the parties effect must be
given to all the expressions used therein
before it can oe done.
2476 league VS.. Whaley. Pike c. G. AZ
firmed. Comstock, J.-Whare the cove
nanter is not party a suit against his
coVenantee to establish an easement over
the real estate the covena1ter must request
him to defend the title in order to bind him
by the judgment, and the request or notice
should be unequivocal, certain and explicit.
1876. Telegraph Company VS.. Bower.
27S5 Willard vs. Albertson Lawrence C.
c.. Certiorari granted and issued
1856 Willard VS.. Albertson. Lawrence G.
G. Certiorari granted and Issued.
Superior Court.
Room II. L. McMaster, Judge.
J. H. Ray ct al. VS.. William Wing. Dis
missed and costs paid.
Richard II. Edward VS.. Joseph j. Kreber
ct al; mechanics lien. Under Amusement.
Room 2-Lawson NJ Harvey, Judge.
Nellie r. Duzan VS. Emma e. Collins ct
al; chattel mortgage. Finding for plaintiff.
Anton Wickman VS.. Henry Teipen; fore
closure. Finding for plaintiff and judgment
against defendant for 500 and costs,
Room 3-vinson Carter. Judge
Frederick Bremen VS.. Dora M. Riding ct
al; mechanics lien. Dismissed and costs
paid.
apolis VS.. William l.. Altland; note. Find
ing and Judgment for $222.19 and costs.
Meredith Nicholson, Trustee, ct al. vs..
Arthur b. Grover; note Finding and judg-
ment against defendant for $169.65 and
costs. Sale of collateral ordered.
Circuit Court.
Henry Clay Allen, Judge.
William C. Reese ct al VS.. Mary A. Me-
Curdys Estate. On trial by jury.
Criminal Court.
John +. McCray, Judge.
The State of Indiana VS.. James Meredith,
e. II. Smith and Grafton Walker; assault
and battery. Separate trial for Defendant
Meredith. Tried by the court and taken I'M
der advisement. Defendant released on his
personal bond in the sum of $1G0. Trial by
court of Defendants Smith and Walker.
Each found guilty and fined S. and costs
and sentenced to the workhouse for ten
days.
Charlotte Hoyle VS.. John Fl. Hoyie; d.
vorce. Circuit Court.
Artemus N. Hadley VS.. William j. New
som ct al. foreclosure. Room 8.
Charles III. Pearson VS.. Charles r. Conard
and George r. Hutton; damages. Room 2.
Cora A. Taskey VS.. Otto II. Taskey; d.
vorce. Room l.
Mary ]. Powell VS.. John s. Powell; d.
oolitic Quarry Company VS.. Thomas J.,
Morse and Robert p. Morse; on account.
George e. w. Hardwick, Administrator.
VS. Charles McGarvey; damages Room 2.