Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-06-11
DISTRICT COURT IN
SESSION AT
SANTA FE
John R. McFie DiSposes
Of F Cases Yesterday; viii
Hold Court in Rio Arriba
County Next Week,
Especial Dispatch 10 the MORNING JournalI

Dispatch 10 the Morning Journal
Santa Zee. ~. NJ. june 1o.fn tho
district court Of Santa Re county,
Judge John Ok. McFie today signed ,t
decree Of divorce in the case 81 ~
X. Botlwell OF this r.ty, vs.. Nv In u.
Boutwell, Of Pittsburg, Pa, who se-
fused TO follow her husband 10 New
Mexico.
IN the case IF William Kindcrman
VS.. Amarante Garcia in the district
court for Rio Arriba county, inyolN-
ing 3 contract for the purchase of
sheep, Judge John 4. Mclfie handed
down an opinion today giving judg-
ment in favor Of the defendant. Kind
crrnan had sent out an agent 10 plir-
chase lambs for future delivery. The
agent contracted 10 purchase a large
number Of lambs from Garcia and
promised to pay down $3.50 cash, the
balance 10 he paid on delivery. The
agent instead Of paying $3.50 cash
gave Garcia $50, and q draft on Kind
erman on g form prepared by him
n dir|cted Garcia to forward the
same to q certain bank at Pueblo,
colo. Tho draft was forwarded as
Garcia had been instructed. hut tho
bank which held the draft for some
time. refused TO honor ii, and return
ed ii finally to Garcia with the en-
dorsement: mo attention" Garcla
who had cashcd this draft with
Samuel Eldolt Of Chamita was COM
PEELED to reimburse Eld0dt and sent
back to Kinderman the draft n $50
cash, canccllinr the contract. Kind
crman sued for damages in a large
sum hut the court held hat when
kinderman failed Ia protect the draft
and by failing 10 pay $3.50 in cash or
equivalent he placed it in the power
of Garcia 20 revoke the contract, tho
court holding up0n numerous authori-
ties that where z draft is given as
part Of a cash payment and Is dis
honored. it is not a cash payment
ana voids the contract.
IN the ease Of u. L. Pankey vs..
ortiz. ct al. Involving a strip OF grant
within or adjoining the Eaton grant
i'm southern Santa Zee county the de-
INJURED "a the complaint was over
ruled and defendants given twenty
DAYS in which 10 answer.
IN the case Of Christina liaints, ct
VS.. Foster T. Blackwell, ct al, in
the district court for San Juan coun-
tN, involving the descent OF comnrtn-
its property, the demurrer filed to
the complaint that ii failed TO state
cause Of action was overruled, tho
f"utt l"i"llN ui'' we "ii'E'" Hi'p't
" involved |" DE community property
ana thAt Tue colh plilnt was So"d ~
against me demurrer. me u~eiehuantS
were atioWed twenty GAYS alter service
NORGE 70 me answer
In the case Of the territory eN fcl
Ih"mas u. tiahle' game anu llsI war
zen ". Nlii''m ~ SarSeht ""ulV"r
II the teffltorNt 4 shlt 70
compel the auditing 81 q warrant
lraWn upon me AUDITOR ny me game
md lish warden Tor the speelllc pur-
1ose OF establishing 4 tisn hatchery IN
he santa re canyon, me decision was
n favor OF the AUDITOR upon inc
mat lher" Is no affirmative
authority given by a statute Tor inc
establishment of ilsh h~atcherles ana
specific authority Tor inc payment
II FUNDS from the t"rrltorlal treasury.
n absence OF such authority the court
'annot compel hN mandamus the pay
of territorial FUNDS Tor such puf-
,ose. This was q test case, the amount
involved being but @ few cents, al
houeh there are more Than Se,ooo
AVAILABLE I'm the fund and the statute
'aNs that this act shall not prevent
he establishment OF llsh h~atcherles.
this IS merely negative ana ar
loo AF 1NLA IA & LL 90 MI 40 D"