The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-19
THE COURT RECORD.
Supreme Court.


1882. b. & o. s. w. Railway Companv
VS.. Conoyer. Pike C. c. Petition for re-
hearing overruled per curtain A petition
for rehearing should state some cause or
cause for which the judgment of the court
is supposed to be erroneous; such petition
is a pleading and not an argument.
1873. Shepherd, trustee, VS.. National
Bank. Marion c. c. Petition for rehearing
1884. City Of shelbyville VS.. Phillips.
Bartholomew c. c. Petition for rehearing
1926. sizor VS.. City Of Logansport. Cass
G. G.. Motion to dismiss postponed until
final hearing.
Appellate Court.
2422 Brannop VS.. Irons. Montgomery c.
c. Affirmed. Comstock. J.-Where b. held
a promssory note of $75 against [. as prin-
cipal and II. as surety dated the 26th day
of September, and on the Sth day of Nav.
from W., and executed their joint note
therefor to ", due. in one year from the
latter date, on which note /. was principal
and B., surety, and received from W. the
proceeds of said loan. and between the pay
ers Of said note 1. drew the money and
paid SIS to B. with the agreement that
when i. paid the note of " the note to
B. by I. and H. should be Cancelled which
agreement was made without the consent or
knowledge of H., and at the time l. and B.
executed and received the proceeds of the
800 note b. delivered the note executed by
|: and H. to w. as collateral security for
the 800 note held by him for ". and w. held
possession of said note until the 2Sth day
of November, 1896, the 500 note not being
paid at maturity in November 1894 l. and
b. took UP said note and executed a new
one due Nov. 81 1885, on which date B. paid
said note. In an action by H. apd /. against
B. to have the $75 note Cancelled, held, that
the transaction showed an extension of
time on said note without HIS knowledge
and consent, and he was therefore released
1914. City of Dunkirk VS.. Wallace. Jay
c. c. Affirmed. Wiley, il. Where APP
Ia If /.
contract and on the demand of the city he
suspended his work and permitted a sewer
contractor to take possession of the street
for the purpose of constructing a sewer
therein; that at the time of the suspension
of his work he had almost completed grad
ing the street and had spent a large sum of
money prosecuting his work; that before it
was possible for him to resume his work to
complete it the city entered into a contract
of said street; that the sewer contractor
destroyed the grading and appellee was
the street to the condition in which he left
it, and afterwards was not recognized by
the city as in any way connected with said
Improvement. Held, that there was a
breach of the contract on the part of the
city and 1t was liable to respond in dam
ages to appellee, which damages would be
the reasonable value of the work done to
which should be added the amount of
money necessarily expended in the prosecu-
ton of the Improvement; 2 When city
accepts work upon its public streets under
contract for such services and by Affirmative
action rescinds or discontinues the work
under contract, and in this way prevents
the possibility of levying and collecting as
sessments upon the property benefited 1t
cannot avoid liability for a breach of its
PTS Carthage Turnpike Company VS..
Overman. Hancock c. c. Petition for re-
hearing oyerruled.
Superior Court.
Room John [. McMaster. Judge
Terre Haute Brewing Company VS. G. w.
Burns; replevin Finding that plaintiff is
owner and entitled TO possession of property
described in complaint and 81 damages
Judgment against defendant for costs
Albert l.. Copeland VS.. Alice B. COPELAND.
divorce Finding for defendant Judgment
against plaintiff for costs.
Room 2-Lawson NJ. Harvey. Judge.
George F. Hiatt VS.. p, c., c. & St 7,
Railway: damages On trial by struck jury.
Jury out.
Mathew Irie VS.. Lawrence f. Corriden ct
AL; notes On trial by jury
Mary ODonald Us. Patrick O'Donald
Decree of divorce granted plaintiff
Circuit Court.
Henry Clay Allen, Judge.
Edward b. McCombs VS.. BENJAMIN Beas-
ley; appealed. Jury returned verdict for
plaintiff for S7l.25 and costs.
Katie NJ. Schuckengost VS.. Frederick NJ
Snyder's estate Submitted 10 jury and evi-
dence heard.
Police Court Docket.
Petit Larceny-E,arl Won Pelt and Richard
Robinson, judgment withheld.