The Saint Paul globe., 1905-03-11
RUSSELL SAGE WINS
IN SUPREME COURT
New York Millionaire Secures
New Trial in Rand
Suit

Russell Sage, the New York multi
millionaire, is not to be easily separated
from his hard earned dollars BY a rul-
ling of the state supreme court he is en-
titled to at least temporary possession
of SIS, 900, which one C. M. Rand seeks
to secure.
Rand, as Sage's agent, between 1897
and 1902, sold 100000 acres of Mime
sofa land on which sale he claimed a
commission of $4,000. Before ne en-
tered his claim against Sage he had
himself declared a bankrupt
Mr.. Sage alleged then that Rand was
not entitled to the money even if it
were due him. Rand brought suit in
the Ramsey county district court and
secured judgment for the full amount.
The case was appealed and the su-
preme court yesterday handed down
decision, holding that the trial court
was in error in failing to inform the
jury that the plaintiff could not re-
cover that part of the money earned
previous to his being declared bank
rupt. The lower court was reversed
and a new trial ordered.
BY the terms of another decision of
the supreme court union cannot be
brought into court and sued as a col
lectiVe body unless it has been incor-
porated. The case in question is that
of the st. Paul Typothetae and the
West Publishing Company VS.. Local
Bookbinders' Union.
3The~union made an agreement with
the .TYpothetae, of which the West
Publishing company is a member,
agreeing not TO strike for any cause
until arbitration had been tried. A
year-ago the members of the union, as
individuals, struck and the suit was
brought by the Typothetae, with the
West company associated as plaintiff.
Deinurrers by the defendant against
both parties were brought and the
lower court sustained only that against
the West Publishing company. Both
defendant and complainant then ap-
peaied>and the supreme court yester-
day handed down a decision holding
that as both parties were not corpora
tons or associations employing or fur
nishing labor, they had no right to ap-
pear as such in litigation. The order
of the lower court sustaining the de-
murrer as to the West company against
the union is affirmed; that overruling
the demurrer as to the Typothetae is
reversed.
The syllabus:
N. c. NJ Rand, respondent, VS.. Russell
Sage, as assignee in trust of the Has
tings & Dakota railway company, ap-
pellaDt.
Plaintiff having testified that defendant
owed him for services earned at a date
prior TO his adjudication as q bankrupt,
1t was proper to receive in evidence as a
part OF, The cross examination. the sched
ules of property filed by him in bank
ruptcy proceedings for the purpose of test
ing plaintiffs $ credibility as a witness.
Upon the adjudication of a bankrupt
title to his property passes from him at
once and is conditionally vested in the
court pending the appointment Of uus-
tee or until the estate is finally closed or
abandoned by the creditors. 1t having
been shown that plaintiff was adjudged a
bankrupt that the claim sued upon had
not been scheduled by him in such pro-
ceedngs, that no trustee in bankruptcy
had been appointed by the creditors and
that the bankrupt had been discharged,
but it not appearing whether the court
had subsequently exercised jurisdiction
over the estate. nor whether the estate
had been duly closed or abandoned by the
creditors, such facts did not, as matter
of law. operate to revest title in plaintiff.
1t was error to refuse to instruct the
jury that plaintiff could not recover for
that part of his claim earned prior to the
date of adjudication in bankruptcy. 1t
was not error to refuse entry of judgment
for defendant, notwithstanding the ver-
dict.
Order reversed and new trial granted.
Lewis j.