The Bismarck Tribune Newspaper, May 14, 1929, Page 8

Pty # a hae ee 2 a TD PAGE EIGHT ° | Decisions of | | Supreme Court | e ? Robert Murie, Trustee in Bank- | tuptcy, for L. T. Hartzell. Bank- | Tupt, Plaintiff and Respondent, | vs. | L. T. Hartzell, et al, Defendants, and ©. T. Bascom, Defendant and Ap- pellant. 1, In an action by a trustee in bankruptcy to set aside the transfer | of personal property on the ground: that the transfer was made with in- | tent to delay or defraud creditors of | the bankrupt. the vital fact which tenders the transfer void is the fraud- ulent intent (Sec. 7220. C. L. 1913).| and the plaintiff has the burden of! sstablishing such intent. 2. A debtor who transfers property ‘ commits a fraud on his creditors only | * when the alleged fraudulent transfer obstructs the enforcement by legal | Process of the creditor's right to take; the property transferred. 3. In the instant case the evidenc is examined and it is held that tue plaintiff has failed to sustain the burden of proof, that is, that he has | failed to establish that the transfer | of certain personal property by the} bankrupt H. to one B. was made with H the intent to delay or defraud any, creditor or other person of his de-! mands against H. i (Syllabus by the court. | From a judgment of the district court of Cavalier County. Buttz, J.) the defendant, E. T Bascom, appeals. Reversed. | Opinion of the court by Christian- | son. J. | Thomas Devaney. Langdon. N Dak.. attorney for defendant and ap-) pellant. Snowfield & Stewart. Langdon. N. Dak.. attorneys for plaintiff and re- spondent. Layton E. George, Plaintiff and Re- | spondent, vs. Oscar Odenthal, Appellant 1. In an action tried to the court | to recover damages, caused by fire.) It is held, for reasons stated in. the | opinion, that there was no prejudicial error by reason of the denial of the jant’s motion to, require the | plaintiff to elect whether he would rely upon the negligence of the de-| fendant in setting the fire or upon thenegligenccof thedefendant in per-; mitting the same to escape. 2. Record examined, and held. for | Teasons stated im the opinion, that the evidence is sufficeint to sustain the judgment. | 3. Sections 2797 and 2793, c. 1.! 1913. make him who starts a_ fire, however proper his purpose may be, and leaves it unextinguished so that it escapes and spreads to any wood.! marsh or prairie and thereafter does | damage, absolutely liable for such damage. These sections impose a} duty to extinguish any fire that may be made,and a failure to perform this duty constitutes negligence per se. 4. One, who when threshing, blows the straw on and near to his build ings so that when the straw catches afire from a prairie fire negligently permitted to escape by another, the buildings are burned, is not guilty of such negligence in thus placing the Defendant and Join Crusade of i | Mrs. Dennett 7 | Two prominent Clovelanders joined t the country in sup- y Ware Dennett in t conviction for pub- pamphlet, “The Sex They are Dr. Bernice leat Side of Life.” Neuber top, president of the Cleveland Federation of Women’s Clubs and Dorothy Doan Henty. woman poiice cap Dennett was fined $306 in Brooklyn for publishing tie pamphlet which she wrote for the education of her two sons ain, below. Mrs. Simpson & Mackoff, of Dickinson, for appellant. Crawford, insen, for ain & Burnett, of Dick- ponder State of North Dakota, Plaintiff and Respondent Philip Mocton, Defendant and Appellant. Under Sections 10822 and 10863, C. L, 1913, the jury in a criminal action are the sole and exclusive judges of the credibility of the witnesses, the weight of the evidence, and of all questions of fact; and instruction which expresses the opinion of the court as to mattcrs is preju- diciaily crroneous. (Syllabus by the court) Appeal from the District Court of Grand Forks county, Hon. M. J. Engl- Defendant, convicted of ceny, appeals. and a new trial ordered. Opinion of the court by Nuessle, J. G. W. Twiford, of Minot, attorney straw as to prevent 2 recovery on ac-! for appellant count of the loss of the buildings so burned. 5. In a case tried to the court without a jury where evidence is er- roneously received over objection, it will be presumed that such evidence was not considered by the court in! making his findings and conclusions unless it was so essential that the findings could not have been made without it, and the error will be held error without prejudice. | 6. It is not error to permit the owner of movable buildings to tes- tify as to the value of the same though no foundation was laid for} such testimony except the fact of! ownership. (Syllabus by the court.) Appeal from the District Court oc” Dunn County, Hon. Thomas H. Pugh, Judge. Action for damages caused ly fire. From a judgment for the plain- tiff and from an order denying h motion for a new trial, defendant ap- Peals. Affirmed. Philip R. Ba Grand Forks g5, state's attorney, of for respondent. Edwin O. Acker, Plaintiff and Re- spondent, Hs Alex Jardine and C. T. co-partners, doing bus the firm name and 5 dine Bridge Compar ants and Appellants. «A foreman in charge of work carried on by a partnership is not an adverse pi within Section 7870, Compiled Laws of 1913, which au- thorizes the calling of an adverse party as if under cross-examination, nor is the superintendent or man- aging agent of a corporation, a par- ty to the record or a person for whose immediate benefit the action is de- ended within the statute. (2) Where a witness is erroneous- ly permitted to be called for cross- amination under the statute and is testimony is in all ways consist- ent with the version of the facts as Yirchotte, ess under le of Jar- Defend- Opinion of the court by Nucssle, J. REG. U. contended for by the adverse party, 5S. PAT. OFF. _—_——- {under cross-examination, the party such adverse party is not prejudiced | by his testimony. | (3) Where a party is erroneously permitted to examine a witness as if calling him is not bound to accept {as correct his version of the facts. | | (4) For reasons stated in the opin- lion, it is held that it was not error | to permit witnesses to be examined (as to the condition of barricades and as to the presence or absence of , lights thereon at times other than | ithe time of the accident; also, that) |there was no crror in the charge to/ {the jury. | <Sylabus by the court.) | | Appeal from the District Court of | |Cass County. Hon. A. T. Cole, judge. | Affirmed. Opinion of the court by Birdzell, J.; , Conmy, Young & Burnett, of Far- |89, attorneys for appellants. | T. A. Acker, of Hillsboro, and Lov- | ell & Horner, of Fargo, attorneys for) |Fespondent. i | State Bank f Halstad, a cor- | | poration, | Plaintiff and Appellant | | vs. | | Alfred Munter and Jessie M. | Munter, | | Defendants and Respondents. | 1. In an action brought by a cred- ‘itor of the grantor to set aside a deed | given by a husband to his wife—the | ‘consideration being “love and affec- | tion"—the burden of proof is upon the plaintiff to show that there is/ some equity in the land which the creditor could reach if the conveyance be set aside, when the evidence shows that said land is heavily mortgaged. (Syllabus by the court.) Apeal from the District Couzt of Traill county, Hon. A. T. Cole, Judge. Affirmed. Opinion of the court by Burr, J. } Messrs. Theo. Kaldor, and G. Mc- | Lain Johnson, of Hillsboro, N. Dak., attorneys for plaintiff and appeliant and Mr. A. O. Ueland, of Halstad, Minn., of counsel. Mr. I. A. Acker, of Hillsboro, N. Dak., attorney for Defendant and Respondent. Cora H. Green, Plaintiff and Respondent vs. | Frank B. Loomis, et al, F. W. Hilger, Defendant and Appellant. In an action to establish the lien of a mortgage, to cancel a purported satisfaction of the same and obtain: foreclosure thereof, the evidence is| examined, and it is held, for reasons stated in the opinion, that the plain- tiff has not sustained the burden of Proof, and a new trial is awarded. (Syllabus by the court.) Appeal from the District Court of | Slope county, Hon. Frank T. Lembke, judge. Reversed and a new trial ordered. | Opinion of the court by Birdzell, J. ; Harvey J. Miller, of New England | attorney for appellant. { | | | Defendants ; Jacobsen & Murray. of Mott, at-/ torneys for respondent. Alvin A. Tomlinson, Plaintiff and Respondent vs. Robert A. Tomlinson, et al, Defendants | The Farmers & Merchants Bank of Sheyenne, a corpor- ation, Defendant and Appellant. 1. An insolvent debtor has the right to prefer his creditors, and | where he gives a mortgage upon real estate to one creditor to secure a bona fide debt, end the mortgage is received by the creditor as security for that debt and not for the purpose | of hindering or defrauding other | creditors, such mortgage is immune | e E Two Chio dry agents were suspended after it was found Catherine Gynion, 18-year-old Lancaster, O., high schoo) girl, above, had been used by them as a decoy to buy liquor at suspected places. Miss Gunion and another girl drank wine supplied by the pro- hibition agents, ated I to U. 8. Commissioner Joseph Horner, of Columbus. The girls say they did not know their companions were dry agents. from attack by other creditors even though the mortgagor may have had the intent to hinder other creditors in the collection of their debts. 2. Where a mortgage, given by an insolvent debtor to a preferred cred- itor, is attacked by other creditors as being given in fraud of them and to hinder and delay them in the collec- tion of their debts, the burden of proof is upon the attacking creditor to prove t.i¢ fraudulent nature alleged. (Syllabus by the court.) Appeal from the District court of Benson county, Hon. G. Grimson, Judge. Affirmed. Opinion of the court by Burr, J. Mr. F. R. Stevens, of Devils Lake, N. Dak., and N. J. Bothne, of New Rockford, N. Dak. attorneys for plaintiff and respondent. Messrs. Sinness & Duffy, of Devils Lake, N. Dak., attorneys for defendant and appellant. Seek Better Fish Oil In Menhaden Studies Washington.— () — Better oil from menhaden, the most abundant fish of the Atlantic coast, will be sought in a series of studies by the bureau of fisheries. The oil is used in the manu- facture of a wide array of commer- cial products ranging from soaps to patent leather. Fish will be stored'in a special elec- tric refrigerator to find the effect of time and temperature on‘the quality of the oil. A laboratory cooker will be used to determine how the menhaden must be treated for the best possible extraction method. Present industrial methods are founded on the notion that the best oil is extracted when the fish is freshest. Last year 3.500,000 gallons of oil were marketed and 45,000 tons of scrap meal were manufactured from the dried -fish. Menhaden is little esteemed as a food. investment that millions It costs very little to recondition a MODEL T FORD THE Ford Motor Company is making a new car, but it is still proud of the Model T. It wants every owner of one of these cars to run it as long as possible at a minimum of trouble and expense. Because of this policy and because of the of motorists have in Model T cars, the Ford Motor Company will con- Dry Agents Use i Girl as Decoy | L —________———_-o een ew Oe The following claims sion, Monday evening: Copelin Motor Co., supplies .$ French & Welch Hardware , A. & M. Tire Service, supplies {Otto Dirlam, supplies .. Capital Laundry, wipers ;John Wray, supplies .. Crane Co.. pipe | State Bonding Fund |John Wray, trees, labor | Tribune. stationery Waterworks, payroll | Waterworks, expenses { Jarrell Hardware Co., Edward Wellever, | camp labor .... " Otto Dirlam, lawn mower | Texas Co., filtration stores .. M. B. Gilman Co., truck sup- | plies ....... Filtration, pay roll Modern Machine Works, sup- Jarrell Hardware Co., hard- French & Welch Hardware Co., supplies .... Wachter Transfer Co., serv- ices .. it Co. Quiek ., records B. K. Skeels, repairs .. Wachter Transfer Wachter Transfer Co., service Berger's Welding Works Modern Machine Works, re- peirs ...... seaeseesseecees Independent Cab Co., services B. K. Skeels, work and labor Melville's Electric Shop, work and supplies ...... Police Dep't.. pay roll Yellow Cab Co. -rvice Frank G. Grambs, pipe, re- pairs ... 4 FORWARD SPEEDS SILENT THIRD ’ against city were allowed by the city commis- | Illinois Merchants Trust Co., bon 1 THE BISMARCK TRIBUNE | Bills Allowed by City Commission i the 2.60 18.20 12.45 e { tefsictdiehs"os fda Wo0FFe, C 8FeE TPR: ge ‘ i : 1 Hl & i wt A i se OB vs nessesereneeserroees 4.60 A. J. Arnot, auditorium help A. J. Arnot, auditorium mu- sical contest ........ Mrs. Ben Benson, relief Brown & Tiedman, relief A. W. Lucas Co., relief .50 | Albertson Grocery, relief 20.50 | Mrs. C, Robideau, relief R. T. Grocery, relief 15.00 | Webb Brothers, burial +e Wachter Transfer Co., fuel 9.55 | Logan’s Grocery. relief .... Washburn Lignite Co. fuel 2.35 | Albertson's Grocery. relief 38.21 | Bismarck Dairy, relief . 25.00 | A. J. Arnot, auditorium Street Dep't.. pay roll Federal Meter Corp.. supplies Carpenter Lumber. Co., lum- eee sesecsceesesceenece French & Welch Hardware Capital Cafe, meal tickets .. 15.00 |.w. J. Noggle, concrete work Gussner’s Grocery, relief ... Mrs. Mary it Bureau, dues ............. N. D. Power é: Light Co. rent Kiley. relief » laun- Knife River Coal Mining Co. N. D. Power & Light Co., curren| Mrs. George Schuber*, laun- American - Scandinavian tion, PRICE OWENS’ Eltinge Block binding Rollin Welch, services DOUBLE HIGH SIX-SIXTY-SIX AND SIX-SEVENTY SMOKE TALKS by the DUTCH MASTERS “There isn’t any such thing as a bad cigar,” writes a gentleman from Chicago. “Only some are better than others. And I guess Dutch Masters are just about the top of the heap.” 184 The smoke of kings and the king of smokes—a good cigar. Smoke one Dutch Masters as a favor to us. You will smoke the next thousand and one as a favor te yourself. ae Tune in the DUTCH MASTERS MINSTRELS ‘Every Tuesday Evening at 9:30 i: ern Daylight Time, as Standard Time, R30 Central Daylight Time, 7:30 Central lard “Time, Station WJZ, New Yo ated B.C. nd Associ- 1s, . tinue to supply parts as long as they are needed by Ford owners. So that you may get the greatest use from your Model T, we suggest that you take it to the near- est Ford dealer and have him estimate on the cost of any replacement parts that may be unecessary. You will find this the economical thing to do because a small expenditure now will help to prevent costlier repairs later on, increase the value of the car, and give you thousands of miles of additional service. i For a labor charge of only $2.60 you can have your generator put in first-class condition. A new universal joint will be installed for a labor cost of $3. Overhauling the carburetor costs $1.50; steering gear, $3.50; radiator, $7.50. A complete overhauling of the rear axle assembly runs be- tween $5.75 and $7 for labor. An average price of $22.50 covers the overhauling of the motor and transmission. These prices are for labor only because the need and number of new parts depend on the condition of each car. The cost of these parts is low, however, because of the Ford policy of manu- facturing and celling at a small margin of profit. ForD Motor Company A remarkable and exclusive Durant transmission, now available for the first time in popular priced cars, Its advantages in acceleration, -speed, power, handling ease and economy of operation will instantly appeal to you. THE SIX-SIXTY-SIX 9895 TO 91105 THE SIX-SEVENTY *1195 TO #1425 All stone ot fastory—Lansing, Michigan RANT A eooopD CAR HEDAHL MOTOR CO. Phone 421 % x