Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-09-24
MRS. D[NI0NN|NS
Dr. Kinnan Victorious In the Suit
Brought Against Him BY the
Frudden Lumber Co
Jury Says s. 9. Bentley Is Entitled
to Commission The Hill.City
Case Commenced.

While awaiting the arrival OF the
jurymen who had gone to their homesto
spend Sunday Judge Caswell. in the dis
strict court, this morning took up several
important matters that have been
awaiting final disposition.
The most important OF these was de-
clsion in the case OF Mrs Coria r. New
ton against the Southwestern Life In
surance Association. Mrs. Newton
sought to recover on a policy of $4,000 on
the life of her husband. the late DR.. F.
8. Newton. The company resisted pay
iment on the ground that the plaintiff
had defaulted in the payment of the
premiums The case was taken from the
jury by consent of both parties in Inter-
est, as the evidence developed that the
question was whether or not, under a
special agreement made with the COM
pany to pay the annual premium III in-
sstallments, the plaintifH had been pro-
perly notified when the premiums be-
came due and whether notice had been
given that the policy had been Cancelled
because OF failure to pay the premiums.
Judge caswell says Mrs Newton 10 en-
titled to recover under the policy and he
rendered Judgment for the full amount,
less the small sum involved in the ten
der Oft the premiums.
Another important decision was one
In the suit brought by the Frudden
Lumber Company to establish me-
chanic's lien against the new home Of
DIR. II. A. kinnan. The suit was the
outcome Of the misdoings OF Contractor
q. +. Jones, whose disappearance in
volved nearly every one with whom he
had dealings. The court decided In
favor of the defendant, DIR. kinnan. II
was shown that while Jones purchased
lum Der ostensibly for the kinnan home
he did not use 1t in the construction OF
the same. but diverted it to other uses
The case involved an important point
relative to the Interpretation to be
placed on the law concerning mechanic's
liens. II is probable that both this and
fthe Newton cases will be appealed by
the defeated parties.
Attorneys for the C. & N w. sub
mitted a motion for new trial in the
Myers Northwestern suit, but this was
overruled.
A divorce was granted to Christine
Gorrcll from Allen o. Cornell.
The jury In the case OF s. G. Bentley
against DR.. A. B. Conway, to recover
a real estate agents commission for the
sale Of valuable piece Of real estate
in this city. reached an agreement at
4:30 o'clock Saturday evening, finding
for the plaintiff in the sum OF $40, or
per cent OF the total value Of the prop
erty sold. which Mr.. Bentley claimed he
was entitled to under the oral contract
entered into.
THE HIISL-CITY CASE.
The case of John w. Hill against the
city, in which he seeks to recover BE-
tween 5000 and $1,000 for services as a
consulting and hydraulic engineer in
connection with his employment a year
or more ago to assist the council in se-
curing water supply, was called this
forenoon. The city some time agoten-
dered Mr.. Hill 500 as payment in fuis
for his services. but this was refused.
The work Of securing a jury was COM
pleted at 1920. Plaintiff rejected all
the jurymen called who are residents
OF the city and taxpayers. The case will
not be concluded before Tuesday after
noon. The following is the jury: Frank
Miller, Charles Schultz. John Hinsber-
ger, G. A. stouffer, Henry Hoppe, j. E.
stouffer, Thomas West. G. b. York,
Jesse Skiff. Lewis Halter, C. Arson and
+. H. yNalkup.