The Dupuyer acantha. [volume] (Dupuyer, Mont.) 1894-1904, 1900-07-19
CORDWOOD SUIT
HAS BEEN IN THE COURTS FOR
THIRTY YEARS.
One of the Principals Is Dsad-Case
Went from Lower to Higher Tribunals
Until the Supreme Bench Was APP
pealed To. a

For thirty years the suit Of Web
meyer versus Forsyth has dragged
along in courts, both state Inc federal,
until final judgment was handed down
last week by the United States Supreme
court. The suit was originally begun
in the Superior court of Cook county in
1870, it was twice tried there, twice in
the Appellate court, once in the Su-
preme court of the state of Illinois and
finally carried to the Supreme court at
Washington. Away back in the latter
part of the SOS Jacob Forsyth. who
then lived near Crown Point, Ind, sold
to H. F. Vehmeyer, who lived in Chi
cago, a large amount of cordwood. For
this Vehmeyer paid cash in advance,
s%upposing the wood cut INT ready for
shipment. The wood being sent for, a
small quantity was delivered and then
the shipments ceased. Vehmeyer re-
peatedly wrote to Forsyth asking him
why the remainder contracted for was
not delivered. Finally he received an
answer stating that if he wanted the
wood he should come and get it. Upon
his arrival at Forsyth's place in Crown
Point he asked to be shown the wood
he had purchased. Much to his sur
prise he was taken by Forsyth to his
farm and the growing trees were point
ed out as the wood he was supposed to
have bought.
Vehmeyer asserted that the wood
was represented as being cut and ready
f0, 4ho ~oorJrnt on1 dopoanaod +ha q
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
Misrepresentation and for the recovery
of the money paid.
The original action was brought in
the Superior court Of Cook county,
Judge Porter then p~residing-in June,
1871, a few months before the great
fire. After a vigorous defense judg-
ment was given the plaintiff for 1898.
Forsyth evaded it's payment and was
finally lodged in Jail by Vehmeyer OF
a capias. He Immediately made appli-
cation for release under the insolvent
debtors act. Before the day arrived
to which the hearing of the application
had been continued Chicago was
wrapped in flames, courthouse and rec
ords 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 judgment, and when For
syth applied for his discharge under
the bankruptcy act in the United
States court in 1878 he met with no OPP
position from Vehmeyer.
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 suit upon
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
chat in defense, but the plaintiff con
tended that the debt was of such a ma
ture, 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 a judgment fol
81, 1000 was rendered. Forsyth took the
case up and the Appellate court, pre-
sided over by Judge Gary, reversed the
decision of the trial court for a nom
NAL defect in the pleadings.
Nothing daunted by these reverses
Vehmeyer again forced Forsyth to tria
and in 1897 was awarded $2,076 by E
Jury in Judge Hutchinson's court
Once more the matter was appealed
but this time, in October of the sam
year, the judgment of the lower cour
was affirmed. Forsyth, however
as his opponent and carried the cas-
to the Supreme court of the state, onl!
to meet defeat again.
The last step in this legal battle wa
taken when Forsyth's attorneys en-
1eavored to get the matter before tn
Supreme court of the United States
asserting that a federal question wa
involved in the controversy. Afte
duly considering the motion as we'll a
The merits of the case, that body de
clined to exercise further jurisdiction
and affirmed the judgment of the Hi
nois court.
In the meantime Jacob Forsyth
against whom the suit was original
brought, has died, and the judgmen