The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-12-18
COURT DEALS OUT
ANOTHER BLOW TO
{. N. CAMPF|ELD
Continued From Page OneD

after hearing the evidence he render
ed verdict for the plaintiff
Courts Special Finding.
Owing 10 the technical nature of
the case the court entered a special
| finding, which in part follows:
During the years 1906. 1907 and
| 1908. the defendant. Edwin NJ. Camp
field, was contractor having a con-
tract with the State of Indiana for the
| construction of what is known as the
/ Southeastern Hospital for the Insane
at Madison, Ind: that during all of
that time he had employed as his
agent and attorney, one, James p.
Goodrich to represent him in the exc
cution and carrying out of said con-
tract, and as his attorney and agent in
procuring a loan of various sums of
money with which to prosecute said
work. the defendant was the owner of
certain real estate. Description Of
site of Colonial Block and annex in
| serted)
That the Peoples Loan x Trust
Company. plaintiff herein. during all
of said time, was and is an Indiana
corporation and as such. authorized
under the laws of this state to receive
conveyances of property in trust and to
act as trustee for mortgagors and
those who desire to convey property in
trust for the purpose of securing vari-
GUS notes and bond issues and act as
trustee for the holders of said notes
and bonds when negotiated and sold.
That one, James +. Goodrich, was
| president of said Peoples Loan and
Trust company. and that on December
-. 1907. the said Edwin NJ Campfield
employed the said Goodrich as his
agent and attorney to procure loan
for him in The aggregate sum of seven
ty thousand dollars That in pursu-
ance of said employment the said
| Campfield executed and delivered to
the plaintiff herein fourteen promis-
| sorry notes each for the sum of $1,000,
and all to draw interest at the rate of
eight per cent per annum, payable in
| advance, all payable to the Peoples
Loan and Trust company. as trustee.
|
said day the said Edwin Campfield and
Gertrude Campfield, his wife. executed
and delivered to the plaintiff. as trus-
| tee, a mortgage and deed of trust upon
the above described real estate. for the
purpose of securing the payment of
said notes and the payment of taxes,
insurance. assessments and other obi
| n ~ tn t,lS 81
deed, a part of said real estate was at
the time encumbered by a prior mort
gage to the Northwestern Mutual Life
Insurance Company, on which there
was due the sum of $4,000, That
after the execution of the said mort
gage the said Goodrich disposed of the
said notes in the open market at their
face value for $4,000 and that the
said Campfield became indebted to the
plaintiff for that sum with interest.
| That on the 31st day of October. 1907.
the defendant paid to the plaintiff the
| full amount due upon note No. Is.
That on December l. he was indebted
to the plaintiff on note No. IA. the sum
Of $4,000. and that payment was in de-
fault on that note down TO the date of
bringing of this suit. That by the
! terms and conditions of the agreement
on account of said default all the notes
became due and payable and were SO
due at the bringing of this action.
That the said Edwin Campfield, on
the 10Th day of September, 1907, exc
cuted and delivered. to the defendant
| the First National Bank of Richmond
| Ind, for value received, and to secure
the payment of note of $1,000. all the
rents, proceeds and earnings of said
| real estate until the note should be
fully satisfied and that there is due
thereon S577.33. That at the time of
the execution of the mortgage and up
TO the time of the bringing of this &C
ton. the said plaintiff had no notice or
4 knowledge Of the rights of said bank
and that the said assignment was new
er placed on record. ---...
Conclusions of Law.
THAT the plaintiff is entitled to re-
cover of the defendant the amount
found due in the principal. interest and
attorneys fees and for advancement of
money as found by the court. SOS. 404.-
A. including costs, charges and ex-
penses without relief and is entitled to
the foreclosure of its said mortgage
and the. sale OF said property subject TO
the rights Of the defendant, Gertrude
Campfield.
Second. That in the sale of said
property, thedefendant Gertrude
ECampfield is entitled to have the I'M
divided two-thirds of said property
first offered for sale AMI her interests
protected in case of sale.
Third That the First National
Bank of Richmond. is entitled TO the
rents and profits of said property To
be first applied to the payment of the
residue of said debt. interest and at
torneys' fees. s..