The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-06-23
OPINIONS RENDERED
BY SUPREME COURT
Judge Ritchie Is Affirmed
While Judge Maughan
Is Reversed.
TRUST COMPANY LOSES
IN INDEMNITY CASE
Reversal Is Ordered in Action
Over Rooming House
at Ogden.

The supreme court handed down an
opinion Tuesday affirming the Judgment
Of Judge Morris L. Ritchie of tbe
Third district court in dismissinr tbs
suit of the Utah Savings & Trust com.
pany against Adeliuc Scott and NJ.
Walker TO recover $500, with cost,
and interest, alleged to have been az.
pended AS indemnity for the benefit oa
Mrs. Stout and Mr.. Walker in 4 real
estate deal.
Mrs. Stout. on June II. 1905. sold
some property, the title 10 which WAS
in dispute. TO Adolph Flcishman. and
10 indemnify Fleishman against loss
through defective title executed r bond
10 him, with Mr. Walker and the Ufai,
Savings Trust company as suretics.
F'leishman attempted to sell the prop
erty 10 j. l.ichcnstcin, but Lichepstcin
when Freshman was unable TO give q
clear title. refused to take the property
and demanded the return of $500 he
had paid on it. F'lcishman refused 10
return the money. but Inchenstein 90
Judgment for the amount against him
aud the trust company reimbursed
tlcishman upon the indemnity bond cX-
ccutcd 20 him by Mrs, Scott, with il as
surety. and then demanded repayment
from Mrs. Stout and Mr. Walker They
refused 10 make payment and Judge
Richie dismissed the company's sub.
sequcnt suit on general demurrer
The supreme court aflirms this iudq-
mcut on the grounds that the suit was
not based on d breach Of contract 10
convey q marketable title but on an
alleged breach Of the bond Of indem-
nifty. The trust company. IL appears
was unnecessarily hasly in indemnify.
! ing Ficishman. The title. so far as
the records submitted TO the supreme
court show. WAS not proved bad
The opinion was written by Justice
E'rlck, his associates cuncurrjng
Judge Maughan Reversed.
In another opinion the supreme court
roycrses Judge W. W. Maughan Of the
Second judicial district in granting O.
j. Stilwell s motion for a non.suit in
| Mrs Anna T.. Bowe's action in trovcr
against him and Mrs. Annie Palmer for
the conversion of furniture and othar
goods, and remandcd the cause with ii
rectionS 10 retry the case.
Silneil, as agent OF one Goldberg Of
New York city, rented the second
story of the Tanner block al Ogden 10
Mrs Bowc for Two wears for a roomiug
house, subject. TO Godberg's approval.
MIS- BoWc pad one month s rent in ;id-
vance and moved her Furniture in. bus
before the lease returned from New
York city with GoIdbcrq's approval
was called away for fifteen days bv the
illness Of relative. When she -e.
turned She found her former chamber.
maid. Mrs. Palmer, in possession allj
holding the lease. Stilwell told her
that when the lease got back from New
York city with Goldberg's approval
Mrs. Palmer told him she had bought
Mrs. Bowe out, Upon these representa-
| tions he had substituted Mrs. Painler's
name for Mrs. Bowe S in The lease. Stil-
we'll refused TO help Mrs. Bowe get her
furniture and other goods back, aud
Mrs. Bowo began an action in troycr
against him and Mrs. Palmer.
The trial court gave Stilwell a non
suit, but the supreme court says that
Stlwcll. with Mrs. Palmer, was IN.
doubtcdly guilty of conversion, upon
tho facts as submitted TO ii, and re-
verses the Judgment and romands the
case for new trial.