The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1914-09-18

arOitrate questions which aHect not
small boundary problems, nor money
indemnities, but the Fundamental am.
billions or hatred of great peoples.
From Saturdays Daily,
II was largely on the strength Of
the testimony of Ivan Bowen, attor.
ney for the defendants, that w. A.
Ashelman and William H.. Cody.
charged with concealing a mortgaged
automobile. were dismissed from Gus
tody by Judge Comstock late yes.
terday.
Mr.. Bowen's testimony showed
that what the defendants did, they
did under legal advice. Mr.. Cody
had promised according to the testi.
mony of William Schwender, mort.
gagee, 10 produce either the car or
the money in payment of the note
then past due, in the sum OF s12S.
on Friday afternoon AT two o'clock.
Mr.. Cody. however, did not show up
with eltaher the car or the money.
Instead OF that. arrangements were
made to take trip to Faribault
with either the car or the money
Mr.. Bowen advised the defendants
that this could legally be done, and
they could retain the use of the car.
Us long as no suit on the note had
actually been instituted. The de-
PENDANTS took the car to Faribault.
Saturday Last Day.
Saturday was the last day before
Tuesday for the serving of suit pa
ers on them, as the papers could not
be served on either Sunday or Labor
Day. After coming back in the car,
the defendants made arrangements
for the payment of the note. This was
done on Tuesday morning at the
National Citizens bank.
The defense maintained from the
start that the defendants had never
made any attempt to conceal the
car.
The end, however. Is not yet. The
note that was paid is one of a series.
There remain. secured by the mort
to be paid. They aggregate about
$500.
There is a clause in each of the
notes, stating that II any of the
notes is not paid at maturity, the
mortgage may demand payment at
once on the whole series. Mr.. Cody
and the other mortgagors contend
that no more money is due until the
time or maturity of the next note
The mortgages hold that inasmuch
as the payment was late on the note
that was paid Tuesday morning. they
have a right to the money represent
ed by all the rest OF the unpaid
notes. The mortgagors take the DO
sition that by accepting payment on
the note that was paid last Tues
day morning. the mortgages waived
their right to demand payment of
the other notes, and that amounted
In eject to a payment at maturity.
Other Proceedings Instituted.
Attorney J. w. Schmitt late yester-
day instituted proceedings to col
iect on all the unpaid notes on be-
half OF the mortgages. He also
caused replevin papers to be issued
TO take possession OF the automobile.
then IN the garage of Mr.. Ashelmar.
The defense, under the generalship
OF Attorney j. r. Regan, Immediately
made a counter move by going out
after the bond necessary to be filed.
SO that the mortgagors may remain
IN possession of the automobile.
Mr.. Ashelman is not one of the
mortgagors, but he became connect.
ed with the case in furnishing the
money to pay the note due and
agreeing to furnish the money to pay
the other notes as they became due,
accepting an assignment OF the auto.
mobile to secure him in the repay.
ment of this money to him by the
mortgagors.
A bond In the sum of $4,000 was
obtained late yesterday by the mort
gagors with the National Surety
company of New York as surety,
and properly fled, and thus the
mortgaged automobile remained In
the mortgagors' possession, not
withstanding the replevin proceed
ings.