davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26

has accepted a position as teacher in
number 2, Cromwell school, which
will open in September.
Mr.. and Mrs. Joe Marley were shop
ping in Bismarck Saturday.
Henry Strum, who recently complct-
ed large barn. gave dance in it
Saturday night which was attendci
by big crowd.
Mr.. and Mrs. 7. F. Morris and Mr..
and Mrs. Edw. Morris visited with
she VIM Odu family north Of Regain
Sunday.
Mr.. and Mrs. w. J. Jiras and son
Will spent Sunday with Mr.. and Mrs.
Philip Monroe.
Mr.. and Mrs. r. C. Nelson and
family and Mrs. Nelson's mother
spent Sunday with Mr.. and Mrs. f. C.
Nelson.
The Cromwell school board met for
their annual meeting Tuesday at the
clerks home.
VIII Jiras was business caller in
Baldwin Wednesday morning.
Mr.. and Mrs. +. c. Nelson and Edw.
Morris spent Wednesday in Bismarck
shopping and visiting with Mrs.
Lawrence Stalks.
Thomas Marley. accompanied by
Percy Atkinson. both Of Milwaukee,
Wis.,. motOred here to visit for q
time with Mr.. varley's brother, Joe
Narlcy, and family.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
Apparatus Tests
Wallis Resistance

Chicago. July 26.-[R)-A new typo
Of apparatus to test the fire resist
ance of buildiag walls and the stabil-
lty under pressure. ut the same timc.
has been perfected by Underwriters
Laboratories. avs
In the shape of . movable, frame Of
| beams. into which test wall of
any desired sort may be built, the
apparatus has row of hydraulic
jacks across the bottom. which can
apply up to 200 tons Of pressure, to
simulate the weight of wall several
stories high.
Containing a brick wall, the frame
is rolled into place in Tire side of 4
furnace and the bricks heated almost
TO incandcscencc then dc.ugcd with a
fire hose. This first test wall showed
some crumbling on the fire side. but
little other serious effects and the
fire did not penetrate the wall.
After the wall treated by fire is
cooled. the hydraulic jacks then amply
double pressure for which the wall is
to be built to withstand. to judge of
its probable performance under un-
usual loads.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
PETR0LLE Wins
FROM ADAMS IN
EIGHTH ROUND
Fargo Express Scores Clean
Knockout Over Cali
fOrnia Fighter

Chicago. July 26 Bud Taylor.
Tcrrc Hautc. Ind, challenger for the
worlds bantamwcight championship.
won from Tommy Ryan Of Mckees-
port. Pa. in the third round Of a
scheduled l0-round bout at the White
Sox ball parry Saturday afternoon. on
foul
In furious mix-up. Ryan uninten-
tionally sank left hook into Taylor's
groin The Terrc Haute blond sank
to his knees and after physicians had
examined him in the ring he was
awarded the contest. Ryan also foul
ed Taylor in the first round, hut Tay
lor refused the offer of the referees
to end it. He swarmcd all over Ryan
after rcgaining his feet and had "A
wide margin up to the time the sec
ond foul was committed.
Both weighed 1871, pounds.
Billy Pctrolle. the Fargo, ". H..
lightweight. Knocked out Johnny
Adams Of San Bernardino. Calf. in
THE eighth round Of scheduled 10
round bout. Petrollc hit Adams with
a left to the body and left to the
jaw and then whipped over right to
the chin. Adams was counted out on
his back.
In the second bout Spug Meyers Of
P0catcllo, Idaho. knocked out Billy
Bortfield Of Milwaukee in the fourth
round Of scheduled 10 round bout.
Bortfie.d was dropped for a count Of
nine and when he started TO his feet
was floored again and was sitting on
The floor Of the ring when the bell
ended the round and the referee
counted n;ac. He was taken to his
corner bu. was unable to respond for
a:,e fif..h round. Bortfield weighed
149 pounds and Meyers 148A.
In. the first bout Walcott Langford
Of Chicago fought 10-round draw
with. Jack McVey of New York. They
are negroes. Langford weighed 156
pounds and Mcyey 1904.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
TEAM
BEATS BARLOW
Game Ends After First Of
Eighth Inning When Score
Stands % To Z


Enough" cried the member of the
Barlow baseball team after eight in
nings had been played with the state
penitentiary All Stars on the prison
diamond yesterday and the score stood
23 To in favor of the All Stars.
The All Stars had their bats work
ing and Their 10 hits, together with
passes and misplays on the part Of
the visitors, gave them an easy win.
Ba Flow used three pitchers in an at
tempt to hold down the score, but they
were all badly treated.
Stoke pitched good game Tor the
prison team. He was relieved by
Gasink in the sixth. Gasink allowed
only one hit. but it was good for three
runs when sandwiched in with a
couple of bases on balls and errors by
his teammates.
A real baseball game is promised
at the prison for next Sunday, when
the All Stars will play the Parshall
team.
Yesterdays box score follows:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
FIVE BANISHED
FROM DIAMOND
FOR FIGHTING
National League Race BccOm-
ing So Hot That Arguments
End in Battle

Players of the National league are
at fighting pitch ia one of the hot
test races the circuit has known.
Fists fly and there are protracted
arguments with the umpifes.
In yesterdays contest, at the end
Of which the Pittsburgh Pirates
maintained very slight advantage
over Cincinnati with st. Louis close
behind, four players and a coach were
banished for fisticuffs and argument.
They were Babe Pinelli and Val Pier
Mich of the Reds and Ray Blades.
Jess Haines and Coach Bill killcfcr
of the Cardinals.
The police wcIc called in at Gin
cinnati and before the warfare was
over Outfielder Wilson of the Braves
had rushed from the bench to strug-
gle with a squad Of officers and had
been taken to headquarters.
Babe Pinelli, third baseman of the
Reds, and Arthur Devlin, old Giant
third sacker now coaching the Braves.
were the first to become entangled
and free for all threatened. Then
in the next inning Val Picinich,
Reds catcher, and Wclch Of Boston,
had brush. Devlin lost the dcc-
sion to Pinelli, in the opinion of
newspapermen.
At st. Louis, Blades argued a de-
cision at second base and was joined
by Haines and killefcr with the re-
suit that all departed.
Home Run Ties Score
Boston downed Cincinnati, 8 to 1,
through heavy hitting, but the Car
dinals won from the Giants, 6 to 5,
after IL innings Of most exciting
battle during which pop bottles drift
ed to the diamond. A home run by
Southworth. former Giant, tied th>
contest in the 10th when all seemed
lost.
Jess Petty. big Brooklyn left hand
or. had lucky" day with his team
hitting behind him and set back the
Pirates, 3 to l. Petty allowed seven
scattered hits.
Y The Chicago Cubs won from Phil
adelphia, ) to 4, when Jim Cooney,
sh0rtstop, tripled In the ninth.
Babe Ruth beat the Chicago White
Sox with his 3Oth home run Of the
season. the blow scoring Gehrig in
the sixth. The Yankees won, 2 to
/, with Waite Hoyt scattering seven
hits.
Cleveland remained in second place,
nine games behind, by humbling st.
Louis, to /, with five runs coming
in the fourth.
The Detroit Tigers belted four
Washington pitchers to all corners
to win by IA to 4. Harry Heilmann
Of Detroit made four hits and
O'Rourkc and Wells three each.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
Sweden'S Most
Popular Dish

Stockholm. July 26.-LP)--Thc most
popular dish in Sweden is yellow
pea soup cooked with pork.
The peas are put into cold water
the day before and we'll boiled several
hours until quite tender and make q
thick soup. A suitable portion Of
pork is cooked with the peas and is
generally served cold with the hot
soup. Along with the souu it is
customary to offer hot arrac punsch,
rather sweet. especially in winter.
After this dish as rule thin pam
cakes follow.
This simple dish is typical Of the
Thursday dinner with all classes.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26

After one has the hang Of the
dog paddle, the time to learn to
breathe while swimming has arrived.
In the dog paddle the head is held
at an angle to the body and the body
is in a sloping position in the water.
When the right hand goes forward
for u stroke, breathe deeply and
quickly through the mouth, taking
in as much air as possible.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
ne bitches HIS WAGON TO

Mt. Vernon, Ind.-An animal that
great Intelligence and With the ability
to Withstand terrific heat, has bsen
produced on the farm Of DR.. w. r.
Hastings here.
Il is 4 cross between = Sebra and
a Percheron and has been christened
"zebroid." Authorities believe that
the cross-breeding eventually will
er. TIE departmspt 81 asriculture
once tried the ,experiment, but failed.
farm marss we're crossed with : xe-
bra stallion broukkt from Germany
by DR.. Hastings hAt. he found that
the Percherons produced the Sebroids
with the hest stripes.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
ADvDnvlsIsl1nxT,r en nIDs

Sea Ted hlXs FOR road rrsfinr .vork
between sections IA and ~, and be-
tween sections Is and 20. Apple
Creek Township. Will be received
by the Board. OF County Commits.
sioners of Burleigh County, North
Dakota. until. ten. o'clock a. m.
August srd, 1885, Plans and speci-
ficatsOns arc on file in5the office ct
the County Auditor or may be OBJ
tanned from the County Surveyor.
Each bid must be accompanied by q
certified check for sum equal to
five per cent Of the fun amount Of
the bid made payable to the order
Of Il. g. Patterson, Chairman OF the
Board AZ = guaranty that the bidder
will, IL successful, enter into and
execute q cOntract. with a bond for
the full amount Of the bid, guar
anteeing the faithIpl performance
Of the work, and aig0arente3tng the
entering into the cost Of tho work
under this contract. All bids must
W. seated a116 4ddfe9eed to the
County Auditor. 8tetnArck. North
Dakota. ard marked "nl4s for urad-
Ing The board " County Conn
|misslpners reaerve the Right to re-
| icct Any Or all bids. '.ss,
By Older ofsshe Board Of County
;rank ]: Ion n.cn,
|s-la:1lrss ~ -
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
Barlow

Score by lnnlngS:
All Stars $500. g o 0 , J>l 8 x-23
Barlow -. % q o 4 % d Il Z
Two base hits: Snyder. Merrill,
Longie. Home runs: Holland. Double
play: Stokes to homeland to f.
Winstrom. Stolen bases: Riley 3,
Peoples. McCrill 1. Bases on balls:
Off Greitl 6. off +. Winstrom Z, off
Wagner |. off Stoke ), eff Gasink 3.
Passed balls: Merle. Wild pitch:
Greitl Struck out By Stoke 5, by
Gasink 2. BY Greitl 4. by Winstrom l..
Hit By pitched ball by Winstrom
Carver, by Wagner, Merrill by Stoke
Stokes. Hits off Stoke in 3 in
nings. off Gasink | in ) innings, off
Greitl 10 in 4 innings. off Winstrom
Z In 2 ia innings, off Wagner in
2/3 innings. Winning pitcher Stoke.
losing pitcher Greitl. Sacrifice hits:
Carver Holland. EMPIRES Cayou and
Bauer.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
SUPREME COURT
From Cass County

Joseph Keller, plaintiff and re-
spondent, VS.. United States Fidelity
and Guaranty Company, a corpora
ton, defendant and appellant.
Syllabus: The defendant corpora
ton issued to the plaintiff q con.
tractors liability policy, wherein Il
agreed to indemnify plaintiff against
loss from liability imposed by law
upon him for damages ON account
Of bodily injury or death suffered as
the result Of an accident by any pcr-
son not employed by him while at OF
about his work, and to defend in
plaintiffs name and on his behalf any
suit brought against him to cnforcc
9 claim, whether groundless or not,
for damages on account Of bodily in
juries or death suffered or alleged ia
have been suffered by any person not
employed by him while at or about
his work and as the result Of an acct,
dent while the policy was in force
The policy excluded, however, the
liability of others assumed by plain
tiff under any contract. Plaintiff
made an excavation in q street of the
city Of Fargo. He ncgligently left
q pile Of earth near the sidewalk. A
pedestrian, passing along the walk
fell and was injured. She sued the
city for the damages resulting from
her injury and recovered iudg-
ment. The city paid the same and
sued the plaintiff to recover over
against him, claiming that the in.
jury resulted from his NEGLIGENCE
Plaintiff demanded that defendant
defend such action. Defendant re.
fused. Plaintiff then contested the
city's claim at his own cost and pre-
vailed. He now sues on the policy
to recover his costs and expense,
incurred in defending such suit.
opinion:
ta) A municipal corporation re.
?uired to pay damages to one who il
injured because Of the unsafe con.
dition OF its streets has, unless Il
also Is wrongdoer, . remedy over
against third person who is at fault
and has so used the streets as "a
produce the injury.
10 The claim Of the city of q right
70 recover damages over against. The
insured was claim contemplated by
and within the terms Of the contract
Of indemnity.
Appeal from the district court Of
Cass county, Hon. A. T. Cole, judge
:. Action on an an indemnity contract
From an order overruling its dc.
murrer to the complaint, defendant
appeals. Affirmed. Opinion Of the
court by Nuessle, J.
Pollock & Pollock, Of Fargo, at
torneys for defendant and appellant
Pierce, Tenneson, Supler & STAN.
baugh. of Fargo, attorneys for plain
tiff and respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26

When the hand starts the down.
ward stroke, close the mouth and
hold the breath until the left hand
goes forward.
When the left hand goes forward
cxhalc through the nose until the
right hand is ready togo forward
again. Then Tcpsat3bA ,one rating.
Go slow at first and do it slowly
until it becomes habit. I Nv I
Copyright, 1926, NEA Service, Inc
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26

The weed which causes the poisoning
grows in pastures in certain sections
of Illinois and also is found sparing-
~ over rather wide area in urban
and rural communities.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
THE BISMARCK TRIBUNE
SATURDAYS RESULTS
AMERICAN ASSOCIATION

SATURDAYS RESULTS
AMERICAN ASSOCIATION
Kansas City 2; Toledo 3.
Milwaukee IL; Columbus 6.
st. Paul 4; Indianapolis ).
Minneapolis 2; Louisville 5.
AMERICAN LEAGUE
st. Louis 9.5; Boston l4-5.
Cleveland 5; Philadelphia 9.
Chicago 4; New York Z.
Detroit .; Washington z.
NATIONAL LEAGUE
Brooklyn 81; Pittsburgh 1913.
New York 5; st. Louis ).
Philadelphia 20; Chicago &c.
Boston 2; Cincinnati 1.
INTERNATIONAL LEAGUE
Baltimore 5; Jersey City z.
Reading 1; Newark 3.
Toronto 1; Syracuse z.
Rochester g; Buffalo 5.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
NEWS BRIEFS

Senator, Johnson of California. in
Washington statement. urges with
drawal Of United States from world
court: declares foreign nations have
only hatred for US.
George Bernard Shaw barred from
broadcasting speech on 10th birthdav
in London because he refuses TO avoid
controversy.
t"vnv letters. New York author
and explorer, Is killed in airplane &C.
cidcnt at Wawona, Calf.
ok sn; arc .. killed wnen Ssowa wa q
footbridgc at WAitesvilic, near
Charleston, W.-vA> ----.a e'-y =
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26

A real man died last week at the
age Of 80. W. A: Roebling, who built
the Brooklyn bridge.
This good American, Of German an
cestry, fought in the civil war. and,
succeeding his father. John A. Rocb-
ling, became one Of the great and use
full builders Of the United States.
Our stupid immigration laws prevent
such men from coming to this cOun-
try now, to organize industry and give
employment TO thousands. We need
them.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
AMERICAN LEAGUE
Qfamdsmuu

Games Today
Boston at Philadelphia.
(Only one game schcdulcd.)
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
MUSICAL NOTE

Music Critic Ito sweet young
thing): How did you like The Barcar-
ollie at the musicale last niehtf
S. Y. r.: l didn't stay for the re-
freshments, Mr.. Cleft Life.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
NATIONAL LEAGUE
STANDINGS

Pittsburgh at Brooklyn.
tOnly one game scheduled
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26

AMERICAN ASSOCIATION

Games TODAY !.
Minneapolis at Louisville.
Milwaukee at Colum bus.
Kansas City at Toledo.
st. Paul at indianapolis.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
diamond
disputes
Nefde!da.

s.ps1cher gets on rubber without hav.
IN IAN In his possession. Third
hsoesen pulls hidden ball trick -
rasaeE Was y legal!
IL was not legal, When The pitcher
not on the rubber without having
~ ball IN his possessiOn, he COM
urSitted balk.
fnstead Of runner on third being
outsen hidden ball trick, the ball en-
Aitted him TO score.
Pftrher has no right getting on rub
Ser. without having the bell.
Suef IN act II deception. since the
rpnner takes u tor 1rAnte6 pitcher
heos the ball and in TsaAy e pitch
5Cbsn hs steps - ~ Hnb0er.
THAT'S Easy
~ Vicar Ito unsatisfh etery parish
fSa1f3: How u Il TIT 4 hevsnt seen
IN ilss'chuech latDly
y. ~: ! stp't - f'1aesJ Les.l
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
The Referee

Where was the western open golf
championship held in 1922 and who
was the winner I'D. F. &.
1T Oakland Hills, Detroit, Mike
brady winning.
Did France win any matches in the
1875 Davis Cup play with America
-. G. J.
y No,
How long has Earl Smith. Pirate
catcher, been I'M the majors rs. D.
sIses lsis.'
THESE nara
Dyer: Was ~ > good show1 j.
Eyer: No, just deeents Life.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26

White snakeroot poisoning, also
made its 1926 appearance in Illinois.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
News of Our
Neighbors
FRANCES

FRANCES
Everybody is trying to make hay
these days.
Some farmers are heading wheat, It
rs not very good. but we have to save
What there is.
Bill Machel, Ed. Borcn and Mino
Harms left for western Montana and,
Washington. They drove through ~
car. Thy arc looking for work and
to sec the country. Mr.. and Mrs. r.
Harms and daughter Vna were Bis
Marck shoppers Thursday.
Mr.. and Mrs. VIM. Gierkc and Mr..
and Mrs. Herman Gierkc left by car
for Canada. They arc going to visit
their daughter Augusta, who is work
ing UP there and to sec the country.
Lester and Glendon Bunker have
gone to Glendale. They are planning
to stay through harvest and thrcsh-
ing.
The program at Brittin Friday night
was we'll attended. Everybody Thought
the program was good. After the
program there was a dance which
was we'll attended and enjoyed by
everyone.
Elvin Hoover shipped a carload of
cattle Saturday.
Mr.. Chcsak shipped four carloads
Of cattle Saturday
Mr.. and Mrs. IL. Anderson and Nora
Buckley returned Saturday from a
trip to the twin cities.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26

ltaty's fascist government, believes
It isn't the French people or the
French government that has failed,
but the parliamentary system of gov
eminent. Mussclini looks upon par
lament as "a harmful interference
with the will and the usefulness Of
Dne strong man.
Many expect the strong man to APP
pear in France. He has applied there
often. in Napolcon's day. for instance,
but didn't make conditions much bet
ter.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26

to the seller, and demanding the re-
turn Of their notes of like amount,
thus placing it beyond their power
to comply with their part Of the
agreement.
Appeal from district court Of Eddy
county, Hon. Fred Jansonius, judge.
Action on promissory notes. Pc
Tense that Of conditional delivery, or
Nor special purpose. From an order
denying plaintiffs motion for judy
ment notwithstanding the verdict in
favor of the defendants, or for a new
trial, plaintiff appeals. Reversed
with directions.
Opinion Of tho court by Englcrt.
district judge.
Nucssle, T., did not participate:
Hon. NJ. J. Englcrt, Judge of the first
judicial district, sitting in his stead.
Sinncss. Duffy E. Wheeler. Of Devils
Lake, II. D., FOR appellant.
N. J. Bothnc and Edgar p. Mattson,
Of New Rockford, N. D., for respond
cnts.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
From Mcintosh County

The State Bank OF Lehr, corpora
ton, plaintiff and appellant, VS.. the
Lehr Auto e. Machine Company,
corporation, defendant and respond
ent.
Syllabus: Cd Under the ncyotia.
bic instruments law (section $3.50, C..
L. 1913, section C5, N. /. L. an en-
dorser without recourse warrants (D
that the note is genuine and in all
respects what il purports to be-; (2)
that he has good title to it.: f3) that
the makers had capacity to contract;
and (4) that the cndorser has no
knowledge Of any fact which would
impair the validity Of the instrument
or render II valueiess.
(2l The endorsement Of q promis-
sorry note without recourse, known to
the endorser at the time it was en-
dorscd to be subject to complete
defense on the part Of the maker for
failure Of consideration, renders the
endorser liable to the cndorsce for a
breach Of warranty under section
$3.50, C. L. 1913.
Appeal from the district court Of
Mcintosh county, Mckcnna, ].
Plaintiff appeals from an order
sustaining demurrer to the COM
plant
Reversed. Opinion of the court by
Christianson; Gu. j.
Arthur B. Atkins, Napoleon, N. D.,
and Scott Cameron, Bismarck, N. D.,
attorneys for appellant.
A. A. Ludwigs, Ashley, N. d.. and
Zuger & Tillotson, Bismarck, N. D.,
attorneys for respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
TODAY

CONTINUED from page ono.)
especially il they can't or don't want
Ito pay.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
CROMWELL.

CROMWELL
NJ. F. Parker recently made a trim
to Winona, Mimi. where he purchase 4
"A new splcndidly equipped Dodge.
He drove back in the new car and
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
From Hettinger County


c., D. Robinson, plaintiff and ap-
pellant, vs.. Anne Swenson and Peter
A. Swcnson and August Schroeder,
defendants and respondents.
Syllabus: ca In the absence of
authority. express or implied, to en-
ploy sub-agent, the confidence re-
posed in the agent by the principal
Is personal and may not be delegated
50 as to affect the rights Cf the lat
ter. This rule is subject to modi-
fication by the circumstances in any
given case; and from usage or cir
cumstances the power to delegate
authority may be inferred.
by the principal an agent may dele
the agent cannot himself and the
sub-agent can lawfully perform, and
when 1T is the. usage of the place
to delegate such. power. Sec. 6362,
C. L. 1913.
that. person who negotiates a loan,
at whose office the principal note
and the coupons are payable, and
who has in his possession a salts
faction executed by the mortgagec.
HAS aUtuOTlty 10 receive payment OIL
the principal and deliver the satisfac-
ton; and payment to such person
discharges the debt, notwithstanding
the notes and mortgage were in the
possession Of another who WIS holder
OF the note and II an unrecorded as
signment
(A N0n-posscssion Of the evidence
Of the debt is q fact of material
in determining whether
agency. with consequential authority
to receive payment, existed; but 1t is
not necessarily controlling. All the
facts considered together may be
such as to repel the presumption
which arises from the retention Of
the custody of the instrument evil
dencing the obligation.
Appeal from district court of Het-
judge.
Affirmed. Opinion Of the court
by Johnson, ].
Jacobson & Murray, Mott. North
Dakota. attorneys for plaintiff and
appellant.
Marvey J. Miller, New England.
North Dakota. attorney for defend
ants and respondents.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26

AA~
than u
States.
surely
on
seilles
Altar
freiglste
~ H.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-26
NATIONAL LEAGUE

Greenfield, McQuillan and Flor
ence. McMullen: Haincs, Rcinhart
and Wick, O'Farrcll.