Jasper County Democrat, Volume 17, Number 60, Rensselaer, Jasper County, 4 November 1914 — COURT NEWS [ARTICLE+ILLUSTRATION]

COURT NEWS

Appellate court decision of interest to readers of The Democrat: No. 83 49. American Bonding Co.

vs. Edmon G. Hall. Newton C. C. Reversed, Lalry, J. t 1 » The Goodland State Bank was placed under receivership and the three appellees were appointed receiver. gave a joint bond with appellant as security and the court ordered the premium of $235 per annum paid out of the assets. The trust was thus administered for three years, $705 being paid as premiums, when the court ordered the receivers to give new individual bonds in the stead of the joint bond, on which appellant was security. The new bonds were given and the court entered an order discharging appellant from all liability occurring in the future in the trust. The trust continued for two years and appellant brought this action for the two additional premiums. The trial court held an answer setting.up the giving of new bond and the court’s order of appellant’s discharge sufficient defense. This was error. A Security once liable on an appeal bond can only be discharged in a mode provided by statute, and the only statute in Indiana providing for discharge provides for a petition by surety, notice, etc., which was not followed, so the surety could still collect annual premium. Circuit court items from the Kentland Democrat:

Ezra C. Voris vs. John Herr et al. suit on note; by agreement reset for trial next Wednesday, November 4th. State vs. Zalem Harris for surety of peace; defendant defaulted on call of his case Monday. Frank Teach, surety on bond, was called to bring body of defendant Harris Into court and he, too, defaulted. Prosecuting attorney was ordered to file suit on the forfeited recognizance bond. ! The case of Nettie N. Hubbard vs. the Newton County Stone Company, a suit for $5,000 damages for the death of plaintiff’s husband, Chas. A. Hubbard, from injuries sustained while working 'at the defendants’ stone quarry, east of Kentland, on August 5, , 1913, occupied thq attention of the court Tuesday, Wednesday and yesterday, It was tried by jury before Judge Truman F. Palmer, of Monticello, and terminated at about ten o’clock last night when the jury, after being out about five hours, returned a verdict for the plaintiff, allowing her the full amount sued for—ss,ooo. Counsel in the case were Judge W. A. Ketchum of Indianapolis, E. B. Sellers of Monticello, and Rogers & Rogers of Morocco, for the plaintiff, and Judge. Darroch of Kentland, Charles M. Snyder of Fowler, and Krumler and Gaylord of Lafayette, for the defendants. Motion for a new trial will be argued next week. Tn case of State vs. Clarence Messenger, for robbery; defendant filed affidavit for a continuance until next term, Monday, and same was granted.