The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-06-14
H c RECORD.


Supreme Court.
rion S. c. Affirmed. Hadley. il. Where a
receiver, under an appointment by the Fed
erai Court, 10 operating a railroad a person
tives OF the road may sue the receiver in
the state court without first getting leave
from the court appointing the receiver to
fifty years of age. drawing an annual salary
of S1.1O and having a wife and family de-
pending upon him for support was killed by
an action against the company by the ad-
ministratrix Of the estate of the decedent
s shts e Ssmas ssnn Is ex ssy tSat = : Il {pd 4 sss Ief f9r
duty of a husband TO support his family
when the ability ls shown. The law pre-
sumes that this duty Is discharged until
overcome by evidence.
1892. National Bank VS.. Citizens Bank.
Randolph c. c. Affirmed. Jordan. c.. j.
for collection and at the time such bank
held money in excess OF the amount OF the
rote. belonging to the payor Of the note as
check upon his funds for the amount of said
note which was accepted by the bank as
payment in full Of the note. and thereupon
the payee of the note upon a bank in which
1t held a deposit in excess of the draft. and
ard two days after the mailing Of the draft
the bank issuing it closed it's doors on ac-
count of insolvency and subsequently a re-
CelNeT WdS dUDOllISu " lie SdklIts dLIu VII
presentation of the draft to the bank on
which it was drawn payment was refused
on account of notice OF said insolvency
aforesaid. In the absence of fraud held.
that the funds I'm the hands of the receiver
of the insolvent bank were not held In trust
for the amount Of such claim and that the
payee of the note and draft aforesaid was
not entitled TO a preferential right over the
general creditors of the insolvent bank.
II lSsss- 6 I. : /. S S r, FOR ai cS, xsi B9 onay:
ruled
1888. C, c., C.. & St. L, Railway Com
pany vs.. Perry. Scott c. c. Petition for
1889. State of Indiana VS.. Beatty. Jay
c. C. Dismissed.
turned TO Appellate Court per curtain.
Appellate Court.
rany VS.. Hardin. Knox c. c. Reversed.
Comstock, c. J-This case is reversed upon
eised as az f6is term Gl a q coars. vs. eu'''e '.-
1857. Bower VS.. Thomas Clark c. c. Al,
Armed. in W saetyon s s1 Herner sen e g 49,
must be more than silence: It must be some
affirmative act and such act must be al
legged and proven.
c. reversed. Hanley. J.-When a person
attempts TO deny the execution of an in
faci,m Wherein ae sh f he Claims rs to have have BEEN inn
posed upon by being unable TO read he must
show that the execution of the instrument
was nT0COY60 ON IIduu, utCclI dllo
resentation and that he was free from neg
ligence in afixing his signature thereto
3lsS. Lowder VS.. stone Company. Monroe
24si. CITIZENS street.railway Company
VS.. Helvie. Delaware c. c. Petition for
rehearing overruled.
Superior Court.
Room John L. McMaster. Judge.
Emma Baxter We. The Western Life In
surance Company: on policy. Dismissed by
plaintiff. Judgment against plaintln LOT
costs.
plaintiff for costs.
Room Flames NJ. Leathers, Judge.
Indiana Society for Savings VS.. George
Everett ct al; bond. On trial by court.
Benedict Bannworth VS.. Louis Mueller;
Cullough, special judge.
Room 3-vinson Carter. Judge.
Calvin L. Hallowell VS.. Jacob L.. Crosby;
appeal. Finding and Judgment against de-
On motion of Charles Martindale Altman
zor r. Hutchinson was admitted TO the bar.
Charles Martindale We. Jacob Ehrisman
against Jacob Ehrisman for 81. 666.4 and
costs. Decree of foreclosure and title to life
insurance policy Is quieted In Charles Mar
Circuit Court.
Henry Cay Allen, Judge.
yoight g. Sons Company. VS.. Union Trust
Company, Assignee replevin. Dismissed and
costs paid.
Wesley B. Burford VS.. Henry E.. Matthews
ct AL: Injunction. Plaintiff dismisses as to
Robson, trustee and receiver. Submitted TO
court. Finding for plaintiff against defend
ants Henry Z. Matthews and Liday Flem-
ing for ss.T13. and for Lizzie Matthews
against defendant Henry E. Matthews Sc. 800.
Finding that claim of Lizzie Matthews is
first lien on money in hands of clerk. Judg-
ment accordingly.
On motion OF Attorney Francis T. Hord
Homer j. Guyton is admitted TO the bar.
Nancy Crabb VS.. Eva HUFF ct al; DAM
ages. Dismissed by plaintiff. Judgment
against plaintiff for costs.
German Fire Insurance Company Va. Gid
con Pittman. From j.. P: possession. Sub
mitted to jury. Evidence heard In part.
Dismissed by plaintiff without prejudice.
Ida Whitaker VS.. Sarah Vanschoick:
damages. Dismissed for want of prosecu-
ton. Judgment against plaintiff for costs.
Mary Anderson VS.. John Graham. Dis
| missed by plaintiff without prejudice. Judg-
| ment against plaintiff for costs.
John p. Shoemaker VS.. Charles v. Gott-
man ct al: on notes. Submitted to jury and
evidence heard.
New Suits Filed.
Ada West VS.. Solomon West ct AL: suit
for support. Superior Court. Room g.
Monzatteu Gump VS.. BENJAMIN F. Gump;
suit for divorce. Superior Court, Room 2.
Charles Z. Coffin, Trustee. VS.. John N.
Millikan ct AL: mortgage. Superior Court,
Room 3.
Margaret Blume VS.. William H. Blume;
,,,tx Co. 1ix,nroa C,,narior Co,,rt Daoca