The Cook County herald. [volume] (Grand Marais, Minn.) 1893-1909, 1900-06-09
CORD 10 q
HAS S. BEEN IN THE couRTs FOR
THIRTY YEA AIRS.
OnsHof the Principals II Dead Cass
vvent 80 from Lower q IIl r.hsr Tribun.ls
Until the Supreme bench sWas A.
pealed To. 35sSsss ssss

&38Ss ~ sGAlTLy years Ine suit OF ss v eh-s
meyer versus Forsyth has dragged
along il courts, both state and federal
until final udgmen ent was handed down
last week by the United States Supreme
/ court The suit was originally begun
in the Superior court Of Cook county in
81 187O,E it was twice tried there. twice in
the Appellate court once IN the SUI
preme court of the state Of Illinois and
y finall carried to the Supreme court ats
shington. Away back in the latter
part Of the SOS Jacob Forsyt b, who
then the lived near Grown Point, Ind, sold
to sH. =. Vehmey yer, who lived in Chi
5eago, large ezamount of #cordWood. For
this Vehmeyer paid cash in advance
supposing the wood cut and ready for
/ shipment The wood being sent fora
small quantity was delivered and then
the shipments ceased. Vehmeyer re-
peatedly wrote to Forsyth asking him
why the remainder contracted for was
not deliYered. Finally he received an
answer stating thatsif he wanted the.
wood he should come and get it. Upon
his arrival at Forsy IS place in Crown:
Point he asked to be shown the wood
he had purchased. Much to his sur
prise he$Was taken BY F'orsy th to his
farm and the growing trees were point
ed out as the wood he was supposed to:
have bought. 8
Vehmeyer asserted that the wood
n Z,
for the market, and demanded the re
turn of his money, but Forsyth de-
clined !. saying he was ready to carry
out his part Of the contract. The two
men had many disputes, and at last
Vehmeyer sued Forsyth for fraud and.
misrepresenta alton and for the recovery
of the money paid.
The original action was brought in
the Superior court Of Cook county,
Judge Porter then presiding in June,
1871, a few months before the great
fire. After al vigorous defense judg-
ment was given the plaintiff for $833.
Forsyth evaded its payment and was
finally lodged II Jail by Vehmeyer on
"a capias. He Immediately made#appH-
cation for release ,lnde The insolVent
debtors act. Before the day arrived
to which the hearing Of the application
I had been continued Chicago was
wrapped in flames, courth ouse and rec
zords were no more and the case stood
permanently adjourned
AS a result Of the fire and the
changes in the financial condition Of
men at that time no effort was made
| to collect the jud dgment, and when For
SsythE applied for his ischarge under
the bankruptcy act in the # United
States court=in 1873 he met with no op-
position from Vehmeye :$ s@53@
Ii But phoenixlike Forsyth, soon after
his discharge, appeared as the owner
of considerable property, and a re-
neWed attempt was made to compel
him to pay the old debt. "A suitSupon
the old judgment was. instituted in the
year 1892 in the Superior court For
syth sought to take advantage Of his
discharge in bankruptcy and pleaded
that in defense, but the plaintiff con-:
tended that the debt was Of such ma
lture, being contracted under fraudu-
lent circumstances, that it was not dis
charged by the order Of the bankrupt
cy court The case was tried before.
Judge Payne, and the court found in
favor Of Vehmeyer and Judgment for
81 900 was rendered. Forsyth took the
case up, and the Appellate court, pre-
sided over by ge Gary, reversed the.
decision Of the trial court for nom
tsina1 defect in the pleading 5
Nothing daunted by these reverses,
IVehmeyer again forced Forsyth to trial
Esand in 1897 was awarded SO. 2.076 by "a
jury in Judge Futc chinson's court
Once more the matter was appealed,
but this time, in October OF the same
year, the Judgment Of the lower court
was affirmed Forsyth, however,
showed himself to be a fighter, as we'll
as his opponent and carried the case
Ito the Supreme court OF the state, only
to meet defeat again.
The last step in this legal battle was
taken when F1orsyt s attorneys en-
deaVored to get the matter before the
|SSupreme court OF the United States
asserting that a federal question was
}, .