Omaha daily bee., 1915-04-17
NOTES SUED ON HELD INVALID
Mausoleum Company Did Not Fulfill
Obligations on Which They
We're Given.
OTHER RULINGS OF HIGH COURT
CFrom a staff Correspondent

From n Staff Correspondent)
LINCOLN, April ls.-(special THE
name Of Thomas II. Matters of omaha.
recently convicted and sentenced in con-
nection with the wrecking OF the First
National bank OF sutton, appears prorni-
nentiy IN a supreme court opinion
handed down today IN the case of r. f.,
McElhinney against John II. Hsrte.
The case IL one appealed from the
Douglas county district court. The high
court affirms the judgment OF the lower
court, which was for the defendant and
against the plaintiff In his suit on three
promissory notes for $500 each. 80.
Tho notes were given to Matters and
by him assigned to the plaintiff. They
were for stock in the Nebraska Mauso-
leum company. which Matters was pro-
noting.
Condition Not Fulfilled.
The notes were conditioned upon a de-
post OF $4,000 being made with the Ne
braska company and an indemnity bond
being filed guaranteeing the validity Of
the patents under which the company
was to operate. The patents were held
by the Iowa Mausoleum company and
tho new company was to have the Ne
braska rights IN them. Matters. as the
court finds. was en- agent FOR thu Iowa
company in financing the Nebraska con-
Germ.
The cash deposit was never made and
the bond was not filed. As a consequence.
according to the evidence, the stock OF the
Nebraska company was rendered value
less. and the consideration for the notes
totally failed. The supreme court quotes
the testimony of II. X. Burket, as pres.
ident OF the Nebraska MausoIeum com
pepy. The court notes that one of the
patents was later held void by the United
states courts.
bridge Must ne naiIa.
The high court holds that the Farmers
irrigation district must build a bridge
across Its ditch for Peter o'shea, In
so doing II reverses and remands the
case to the district court OF Scotts Bluff
county. The district had commended that
the statute did not apply In thia case.
because o'Shea had bought the land on
both sides after the ditch had been dug.
The court holds that this made no dif-
Ference. Moreover. Il says that the re-
qulremont II constitutional, fnasmuch as
the liability TO build the bridge ia part
OF the consideration for the vsfable
right OF eminent domain.
Wire Company Loses Case.
That the Western Union telegram
company was liable TO g.. q. Nash com.
pany OF Omaha for failure 10 deliver a
telegram marked rush." even though i,s
business nature was concealed bv ths
! fact that II was written In cvphsr 4.
the decision OF the supreme court I'm !
Douglas county case The telegram IN
I New York brokers directed them to sell
certain stock for the plaintifi. The tels-
! gram was not delivered. The stoct
dropped five points in the meantime. Tn,
jury gave the plaintiff tl9s damages.
HIGHER Valuation stands.
The supreme court upholds the var6,et
OF $50 given TO Fred Grimm axainst IN,
Eikhorn Valley Drainage district. IN,
verdict was secured on appeal from m,
award OF the board OF appraisers. vhsct
allowed Grimm but $500 sedxwick AM
Lstton dissent from the majority Of IN,
court. holding that the verdict should
be reduced.
Note May he soia.
me supreme court reverses the district
court OF Madison county in the case of
tue Farmers Loan and Trust company
against walter Planck and holds that a
note Is not rendered non-negotiabIe by a
provision for discount OF per cent 4
paid In fun within fifteen days from date
the note. for SH, was given for jewelry
and ASSIGNED BY the payee to the plain
Animals Must ne Cared For.
The district court OF PaWnee county a.
affirmed In holding that the United state,
express company must pay for a brood
so" shipped by John Herold In hot
weather The high court holds that the
company did not use reasonable care An
wetting down the animal 80 as to cool n