The Bismarck Tribune Newspaper, April 20, 1929, Page 6

PAGE SIX INGURANCE STARS | DINNER GUESTS OF ‘COOK AND HAGGERTY Montana Conference Here Is Capped. Off With Banquet by Local General Office ‘The meeting of the Montana Life Insurance staffs of North Dakota here, Friday, in business sessions. was capped off in the evening with a banquet given the visitors and other guests at the Patterson by the Cook and Haggerty general agency. The banquet was a really enjoyable affair. The guests danced between courses and after some after-dinner speaking resumed dancing for the re- mainder of the evening in the spa- cious dining rvom of the hotel. Mu- shik’s orchestra from Mandan, gave @ program of selections during the dinner and furnished the rhythm for the guests to step the measures in the later hours. There also was a brief musical pro- gram, the numbers of which were contributed by Darwin Crossman, Dickinson manager, who sang several solos, and by Lamont Hoskin. in vio- lin selections, accompanied by Mar- guerite Kennedy. Fraternity Idea Stressed Mrs. 8. D. Cook presided at the banquet and guests included a num- ber of Provident Life men, that com- pany having placed its staff at the disposal of the Montana Life meeting, also R. E. Whitesel, of the Northwest- ern National c.mpany. The fratern- ity idea among tine competing insur- ‘ance men was one of the striking fea- tures of the dinner. as well as of the business sessions and discussions of the day. Beside the Provident and Montana agents and their wives some guests outside of insurance circles were pres- ent. These included Judge and Mrs. A. M. Christianson, S. A. Olsness. state commissioner of insurance, and Dr. and Mrs. W. F. Crewe. Commissioner Olsness made one of the after-dinner talks, referring to the pleasant relations existing be- tween his department and the Mon- tana and Provident companies. Cites Solidity of Insurance Judge Christianson reviewed life insurance as an investment. He paid big tribute to Charles Evans Hughes for his Armstrong insurance investi- gation a quarter of a century ago. which resulted in the present code of insurance laws and the security of insurance as an investment. In the panic of 1873, he said, 130 life insur- ance companies were reduced to eight and many policyholders ruined in their old age. With the new laws and better management of these days bulwarking the business, he said, life insurance met the supreme crisis of a world war without wavering and emerged still sound and solid. Also in the deflation period. when even liberty bonds dropped to 82 cents on the dollar. a life insurance policy was cashable at 100 cents on the dollar. R. E. White:el. representative of the Northwestern National company. of meeting and the dinner. The concluding session of the dis- cussions. in the afternoon. was fea- | such stock Wants Rum Stock Off Curb Market Congressman L. C. Dyer of St. Loui: above, is reported to have asked the board of governors of the New York Curb Market association to reimburse him for losses suffered recently when | he sold his stock in Hiram Walker common after learning that his in- vestment was in a Canadian whiskey distillery. He contended that listing United States prohibition laws. The congressman is a “wet.” neys for plaintiff and respondent. Traynor & Traynor of Devils Lake, N. 'D., and Senn, Casey & Jonge- waard of Rugby, N. D., attorneys for defendant and appellant. Nelson, an incompetent person, by J. R. Rusk, her special guardian, plaintiff and appellant, vs. John Nelson, et al, defendants; David Humbird, Thomas J. Humbird,‘and William H. Farnham. trustees un- der the will of Jacob Humbird, de- fendants and respondents. 1. Subrogation is not founded upon contract but upon principles of equity and justice intended to afford protec- tion to the rights of the creditor and prevent the sweeping away of a fund which in good conscience he ought to be paid. (Quaschneck v. Blodgett, 32 N. D. 603, 156 N. W. 216, distin- guished.) 2. Where a guardian of an incom- betent person is shown to have bor- rowed money for the purpose of dis- charging a valid mortgage upon the estate of the ward with the under- standing that if the crops of the cur- rent year should be insufficient to re- pay the loan a new mortgage would be given, and where the proceeds of the loan were used to discharge such prior lien, the arops having proved insufficient to repay the loan and no valid mortgage upon the estate of the ward having been given, a right of subrogation exists in favor of the creditor as to the mortgage dis- charged. 3. The equitable maxim “He who seeks equity must do equity” may re- quire one invoking the aid of a court of equity to obtain relief from. an in- valid mortgage to discharge an ob- ligation which is binding in good con- science but not otherwise enforceable either at law or in equity. It is held in the instant case—an action to de- termine adverse claims—that one seeking to have canceled an invalid mortgage should be required, as a condition of obtaining the relief sought, to repay to the holder thereof such amount of the proceeds of such mortgage as had contributed to the enrichment of the plaintiff by satis- fying the claim of a creditor who had “ technique and heloful experience. Guests at the dinner in the eve- fhing, in iddition to those named. in- cluded Mr. ani Mrs. C. C. Hoskin: district a right of subrogation to the lien of @ first mortgage. (Syllabus by the court.) Appeal from the district court of cE was a violation of the Anna Nelson, also known as Annie A Challenge to the Man ' Who Drives Hard “J am always in a hurry. I step on it. I don’t stop until I have to,, I start shead of time. ‘elcome, THE RISMARCK TRIRUNE TO FEATURE PLAY COMING HERE ‘Straight Thru the Door’ Will! Appear at City Audito- rium May 8 NEWMAN CLUB DAY PLANS COMPLETED University of North Dakota Catholic Organization to Observe Annual Day Foster county, Hon. M. J. Englert, judge. Modified and affirmed. Opinion of the court by Birdzell, J. C. B. Craven of Carrington, attor- jmey for appellant. C. W. Burnham and R. C. Morton of Carrington, at- torneys for respondents. Olof Olson, Eva Olson and Edward B. Olson, plaintiffs and appellants, vs. The Union Central Life Insurance Company, Eaton Loan Agency, and First State Bank of Kulm, corpora- tions. defendants; The Union Cen- tral Life Insurance Company and Eaton Life Agency, corporations, defendants and respondents. 1. A stipulation of the parties to the action {is considered, and held, that such stipulation is effective in this action to establish the fact that the defendant, Eaton Loan Agency, forth there on the stage for whole minutes and neither of us realized how long we had been adding to the play. “And so, for quite a while this went on. Every night Herne would spring some new ones and I'd come back with some of my own. He nev- er said a word about it off the stage until one night he stopped me on my way to. my dressing room and said: “‘Freeman—that was my name in the | aayarediati don’t you write a play?” MINOT CELEBRATES university. WALTONITES DISCU WILD LIFE MASSACRE American People ‘Dissipating | I wish I could,’ said I. William Hodge, taking the leading| “ ‘You can,’ said Herne, ‘I've been role in his mystery comedy, “Straight | ‘tying you out. Now you try it.’ Thru the Door,” will appear at the city auditorium Wednesday, May 8, | Play. igri ome wee em GENERAL MOTORS Final plans for the annual Newman T did. First a story and then @ | ciub Day at the University of North Dakota were being completed this week by members of the group under the direction of the Rev. Lucian J. Beginning with the annual con- jum mai Since the days of “The Man From Home,” William Hodge has taken the the knowledge and consent of the plaintiff, and that such dual agency was contrary to public policy and thus illegal and the transaction con- summated under it void. 2. Where a mortgage is void be- cause resulting from a transaction which was illegal on account of being | contrary to public policy, the power of sale contained in such mortgage is likewise void and no valid sale can be effected under it. 3. Where a transaction is illegal and void because contrary to public policy and one of the parties thereto is guiltless of any fault in the matter, any payments made by the latter to the guilty party pursuant to the terms of the illega) transaction are without consideration and may be recovered “Straight Thru the Door.” Other characters in the all-star cast are William De Rosa, Maurice Barrett, Marjorie Lytell, John Ed- wards. Abbott Adams, Margaret Mull- en, William Cullen, Edith Shayne and several others. Answering queries as to how he happened to begin writing oe in- Chicago, April 20.—(#)-—Conserva- tion of national resources as well as 2. wild life was the chief problem be- Giving the main address-at con-/| fore the Izaak Walton League today vocation is The Right Rev. Mon- beg national convention drew to . | @ close. I lub, the Catholic will celebrate 26 Models of Five Automobile its third yearly aay, 1 "Thursday, April Makes Trek Through Bis- marck and Mandan ti i Q i s i i g Z Se Hodge has the following to say: Something new in the line of ad-|Science and “It all began when I was playing | vertising automobiles—a parade of | give the princ‘pal talk at the ban- in Sag Harbor at the old Park Thea- | 26 models of five automobile makes— | quet that evening. tre Boston. The star was James A.} was staged in Bismarck and Mandan! Dr. Moynighan, according to: word Herne, a noted actor of strongly | during the noan hour today by local| received here, is author of several American characters and one of the | dealers of General Motors products. | books, a contributor to current pe- very first of the modern school of| The parade, which passed through | riodicals, and president of the largest dramatists. Herne had all kinds of! the streets of Bismarck and Mandan | seminary college in the northwest. peculiarities. We used to call him the | from noon until 1:30 p. m., was or-] A native of Ireland, the speaker "Icy-eyed humorist’ because he said | ganized by W. A. Hemler, Fargo, rep- | was educated in Rome where he was the most awful things to you with a ago. Since his or- i f i i a g ! | 7 , t i i i i i g? i if i 2 , i e Fi [ ; F resentative of the Chevrolet Motor | ordained 38 years dination he has been in this country F § in an appropriate action. face like a block of wood. company. F of neapolis; A. G. Bijerken, assistant | 4 One who is induced through] “Now Herne was the only man who/ Making up the parade were six | engaged for the most part in teaching ¥ cashier of the First National bank, fraud to give his notes to another, and | €ver made me laugh on the stage. He | Buicks, five Oldsmobiles, five Pon- jin Catholic schools. rh Minneapolis; J. R. Carley, president ag was always ad-libbing, that is putting |tiacs, seven Chevrolets, in stuff that wasn't in the play, and | Oaklands, of all colors and models. | Thomas college, and also lists among it was so funny and so unexpected| Motor sales companies taking part | his life activities private secretary to that I'd break out laughing in spite|in the program were Stair Motor | Archbishop Ireland. of myself. One night he called me | company, Capital Chevrolet company,/ Thelma Bonnette, Grand Forks, re- after the show and lectured me for| Fleck Motor company, and Centraljtiring president of the Newman that breach of stage proprieties. I| Motor company, all of Bismarck, and | club, will be toastmistress at the ban- told him I'd not do it again because | the Connolly Chevrolet company and | quet. and also is generally in charge (Syllabus by the court.) T'd know what he was going to say,|the Master Motor Sales company. | of all arrangements for'the day. Appeal from the district court of|but when the next night came he| Mandan. La Moure county, Hon. Frank T.| Pulled something entirely different! The parade is a follow-up feature NORTH DAKOTA CLEAR campaign being conducted by the/North Dakota for the 24-hour period Lembke, special judge. From a judg- cua pace om again. SoI gota sec-{of a mammoth spring advertising “That kept up for several nights|General Motors company througbout jending at seven o'clock this morning. ment denying their ce appar to set aside a foreclosure sale vertise- until I finally got real mad. The|the automobile world. aopeled eae next time Herne ad-libbed I came} Probability that the parade will be] Lynchburg, Va. Daughters of the part, reversed in part. right back at him with something of | staged in Bismarck once more next |Confederacy, will send a confederate 4 my . fired back and I an-| week-end was expressed today by | flag to be placed on the tomb of Mar- and three} He was formerly head of St. : if after discovering the fraud renews |the same, thereby affirms the con- | tract and waives any defense that he might have had on the ground that the transaction was fraudulent. 5. Evidence examined, and held not to show fraud in the giving of the notes in question. f et i I | | & gebedge gt g H i t : i ! | | j | f § ? i 3 F g a F i i ! i 5 i Affirmed in Opinion of the court by Nuessle, J. shal Robert A. Eaton of Edgeley, for ap- pellants. Holt & Frame, and Lawrence, Murphy & Nilles, all of Fargo, for -e- jpondents. ALLEGED GANGSTER PLEADS NOT GLY St. Paul, April 20.—(®)—Morrie Mil- ler, alleged gunman, today pleaded not guilty in police court when he was arraigned on a charge of killing Burton Stevens here in 1925. He was bound over to the district court for trial. County authorities have re- ceived a telegram from Los Angeles asking that a fugitive warrant be is- sued for'Miller. He is wanted there on a charge of stealing $25,000 from Dave Antink. WOMAN DIES AT 100 St. Paul, April 20.—()—Mrs. Helen Burbank Ober, one of St. Paul's old- est citizens, died in her 100th year last night from infirmities of age. One sister survives. Two Missouri politicians polled 101 votes for membership on a county board. They tossed # coin and the republican won. Noti Spike the garden with a good mellow fertilizer. Wachter Transfer Co., phone 62. 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