Indianapolis Times, Indianapolis, Marion County, 12 October 1939 — Page 10

IN 10-YEAR SUIT

Indiana’s Supreme Court Affirms Damages of $5500 in Crash.

The Indiana Supreme Court today affirmed a $5500 damage verdict in a 10-year-old suit resulting from a traction crash here 12 years ago. Twenty persons were killed in fuel

accident.

The case was started by administrators of the estate of Robert Dallas, one of the crash victims, against James A. Van Osdol, receiver for

LOCAL DEATHS

William F. Sudmeyer

Funeral services for William PF. Sudmeyer, 118 N. Riley Ave., who

dianapolis for many years, will be at 2 p. m. tomorrow at his home. Burial will be in Memorial Park Cemetery. Mr. Sudmeyer was 86 and died Tuesday in St. Francis Hospital. He retired from business several years ago. He was a life long resident of Indianapolis and a member of the Indianapolis Liederkranz Society. He is survived by his wife, Mrs: Marie Sudmeyer; a daughter, Mrs. Carl Schubert: a sister, Mrs. Carrie Tapert, and a brother, Fred Sudmeyer.

Jacob Simon

was in the lumber business in In~

the Union Traction Co. The suit was transferred fo Han-|. cock County where the damages were ~ awarded. Attorneys said every point of law that possibly could have been raised in a fatal accident damage suit prolonged legal proceedings for years before the case reached Appellate Court. The suit was argued there for two years before it was transferred ‘to the Supreme Court last May. The 20 persons were riding in a special bus en route to a Sahara Grotto festival near Mt. Harrison when it was struck’ by a traction car at the Emerson Ave. crossing on Oct. 14, 1927,

Funeral services for Jacob Simon,

1032 W. 31st St., a retired baker, will be at 2 p. m. tomorrow in the Royster & Askin Funeral Home and burial will be in Crown Hill Cemetery.

Mr. Simon was 75 and died Tues-

day night in Methodist -Hospital, after a brief illness. He was a native of Huntington and came here 36 years ago. baker at City Hospital.

He formerly was a

He is survived by a daughter, Mrs.

Basil Hanna; two sons, Fred Simon and Francis Simon, both of Indianapolis; a sister, Mrs. Mary Rittenhouse, Nicholas Philip Simon, John Simon, Charles

Huntington; six - brothers, Simon, Joseph - Simon,

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Simon .and George four great-grandchildren.

Sam H. Shank

Sam H. Shank, who lived at 6002 E. Washington St., a nephew of Samuel Lew Shank, former Indianapolis Mayor, died Monday in Los Angeles, Cal, where he had been visiting since August. Mr. Shank was 68 and a veteran of the U. S. Consular service. He was a member of a pioneer Marion

liam Henry Harrison Shank. Mr. Shank served as consul in Winnipeg, Canada; = Mannheim, Germany; Fiume, Hungary; -Palmero, Italy, and Queenstown, Ireland. He resigned several years after the close of the World War to engage in the export business in New York. He also was in the real estate business in Brooklyn. Mr. Shank was active in Republican politics in Indianapolis and was a candidate for Republican nominatiol to Congress from the 11th district in 1936. He was a graduate of Butler University and a member of the Downey Avenue Christian Church. He is survived by his wife, Mrs. Norma Shank. Funeral services and burial will be in Los Angeles.

Indian to Take Pale Face Bride

HARTFORD, Conn., Oct. 12 (U. PJ). — A full blooded Winnebago Indian chieftain will take a pale face for his bride tonight at a ceremony at Which all of the attendants will be in Indian regalia. * The bridegroom, Chief W. P. Winnshiek, (Humming Bird), Dubuque, Ia., will marry Estella E. Winters, Reading, Pa. The best man wiil be John E. Hamilton who is Chief Rolling Cloud of the Mohican-Stockbridge Indians. . Chief Winnshiek was a classmate at Carlisle of the famous gridiron star, Jim Thorpe, served overseas during the World War and at one time played-the trombone in Rudy Vallee’s band.

COMMEMORATE AIR MAIL TO ARGENTINA

WASHINGTON, Oct. 12 (U. P.). —A letter from President Roosevelt: to President Roberto M. Ortiz oi Argentina will be delivered today in Buenos Aires at an official ceremony commemorating the 10th anniversary of air mail service between the United States and Argen-

‘| tina.

Ambassador Norman Armour will deliver the letter, which arrived in Buenos Aires in 41% days from

Washington.

Simon, all of} Huntington; eight grandchildren and |

County family and the son of Wil-| §

Heads Baptists

The Rev. Hag (above), pastor of the = Avenue Baptist Church, Indian. apolis, was elected president of the pastors’ conference of the Indiana Baptist Convention at Seymour, Ind., last night. Other officers are: = The Rev. Thomas L. Bush, Scottsburg, vice president; the Rev. C. Clayton Browne, South Bend, first viee president; Dr. George Richey, Lafayette, second vice president, and Dr. W. E, Sharp, Bedford, secretary treasurer.

FORUMS HELD BY LIBRARIANS

Two Associations to Close Local Conventions Tomorrow.

Six round-table discussions of various phases of library work were being held today at the Hotel Lincoln by the joint conference of the Indiana Library Association and the Ingians Library Trustees Associaon Both groups will close their sessions tomorrow with the election of officers. Dorothy Rogan, advertising manager of Charles Mayer & Co., is to speak on “The Store Looks te Libraries,” at a luncheon today in the Travertine Room. Marcia Furnas is ‘to preside at a dinner meeting at 6:30 p. m. Louis J. Bailey, librarian of the Queens Borovgh Public Library at Jamaica, N. Y., will speak on “The Human Equation.” The trustees will hear committee reports and elect officers tomorrow at 9:30 a. m. and the association will close its business at 10 a. m.

LONDON WAITS DUCE ENVOY

ROME, Oct. 12 (U. P.).—Giuseppe Bastianini, new ambassador to Great Britain, left for London by train to-

day.

DEAL ECHOES IN

CREDITORS’ SUIT

Millions Asked by Terminals ‘Firm in Action Against Ball Foundation.

Born Same Day

: CRESSON, Pa., Oct/13. (U. P). —A mother and her daughter gave . birth yesterday to baby girls. | The babies were born within six hours of each other to Mrs. Harry Boland and her mother, Mrs. Cyrus Eger.

death of the VanSweringens, Mr Ball acquired 93.67 per cent of Mid-

‘| america ' capital stock and trans-

The George and. Frances Ball Foundation is defendant in a suit

{on file in Federal Court here today “lin which creditors of the Cleveland

Terminals Building Co. seek the dif ference between the purchase price of the building company’s collateral and profits accruing to later owners. The amount involved is estimated at several million dollars. The suit was brought by 11 creditors in behalf of all creditors. The complaint charges that the building company in October, 1930, executed a $23,500,000 collateral note and delivered it and the collateral to the Vaness Co., a holding company, which also executed ifs collateral note for 16 million dollars. The suit claims the holding coms=

ferred it to the Foundation and that in 1937 the Foundation agreed to sell its stock ownership, or at the option of the seller, 93.67 per cent of certain assets 4nd property at gs 1 per sant cent of certain prices totalBesides a Be dgment for the profits, the plaintiffs ask for a full accounting of all transactions and

FOR PRANK GANGS’

In an effort to throttle pre-Hallo-ween vandalism, police officers were instructed today to break up all gangs prowling at night. They were instructed . to make arrests when vandalism is committed by adults and to order juveniles into the

Mr. |Crime Prevention Bureau.

Detective Chief Fréll Simon, who

issued the orders, said that it was not the police intention to stop any fund, but that police will make every effort to prevent destruction of property. The orders were issued after two reports were received of vandalism last night. Mrs. K. B. Kirk, 618 E. Morris St., said someone filled a fish pond in ber garden with trash and

profits and that all property acquired “be impressed with a trust and charged with ga lien in favor of the general creditors.” They also ask for a receiver and a restrainer to prevent the de-

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fendants from interfering with the assets.

pany was controled by officers of}

the building company. Trustees Named

‘It is alleged also that during Au-|8

gust, 1935, when the building com- |=

pany was insolvent, the late O. P.

and M. J. .VanSweringen and|Z

Charles L. Bradley, as officers and

directors, ‘became trustees for the |S

benefit of creditors.

The plaintiffs allege that the|= trustees “for the purpose of defraud- |: ing the creditors and benefitting |=

Axtures valued at 5: i Miss Louise Iske, public school teacher, reported someone broke into her garden and destroyed vases’ and pottery. She asked that police watch her home, 629 S. New Jersey st.

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themselves,” conspired with George!=

A. Ball and F. B. Bernard, Founda-

tion officers also named as defend- |S ants, “to acquire the collateral de-|S posited under the two notes for a |=

nominal and grossly inadequate, consideration.”

It is alleged further that they or- |Z

ganized the Midamerica Corp. and on the day the collateral was sched-

uled to be sold, elected officers. The |S

suit claims that at the meeting O. P. VanSweringen was authorized to buy the collateral knowing the listed collateral had a

market value of $2,134,068.75, mak- |=

ing a profit for Midamerica of |S $1,816,068.75, exclusive of profits | & made in the acquisition of unlisted | 8 securities. Claims Defendants Liable The complaint. avers that Mid- |S

america’ then gained control of 10|= railroads and ‘derived large profits |=

from them

The plaintiffs claim that the de-|s

fendants became liable to the gen-

eral creditors for the profits real-|= ized and became trustees for the[= property remaining in their posses- :

sion after deducting its cost.

It is claimed that the officers of |S the - building company and Mid-|S

america did not inform creditors of their action,” but conspired

Midamerica be of little avail.”

Claim also 'is made that at the|S

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