oriff,f2 2 MlSDIfCftD MAIJj TRIBUNE, ailSDJi-QIiD, QHKtiOX, FRIDAY, PECIilMBBR 9, 1010. .' SUPREME COURT EMPHATICALLY FAVORS IS, VICTOR E. S NYDER Case Reverses Judfjmcnt of the Lower Court-Mlarrinijlon Must Give Accouiitlnii. , Opinion Rendered by Court In Noted dined i n o mid was committed In jail Jur contempt, -where lie re mained for about 30 diijH, until hs rjiurgud upon linlietiK corpus pio ul'oJIiiks. On Foliruury J, 1000, 0iirrfiitoii notified the o.xecnitrix lnt lio would snrrondor poMofision iof tho innliu-rnliip jiroportjr but when mi nltcinpt was nindu on that date to tnke KHHesion, one K. W. Carver, tho bnrkcejmr of llnrring ton, notified tho iient of tho ex ecutrix that lio bold poMOMion ol llio fixtures us fluent of Knvogon, wlillo llurriiiKlon fnlnely dunned Hint llio buiKO under which Snyder & JlarriiiKloti bud beld tlio biiildinir bad c.vpirud, and (but be bold pos mchniou uiidor a new loaao to hini nelf, and ordeiod that what be nd luitted to bo parlnorsbip property Kbonld bo forthwith lcinovod. KIiwumuii'm claim if title to t!v Tlio ftillowini: i Hie fluolnion ol tbu mipruiiio court in full in ibu ciutu nf Mrs. Snyder vs. .lobn llnrriiiK ton : On liny Jo, 2005, dafondnnt Har rington and Victor K. Snyder, plain tiff'n teulator, buuaine parlnors in tlio nalooii bus'uiusg, which wns ear riud on in a building known as the "Office mfu," in Mcdfoitf, Qr., un der tbe flirn nanio of Snyder & Ilar riiiKtoiii Snyder was mi active part ner in tbe biiniuoss until February "i, 1007, wJiOn be was attacked with an illnoss of which he died on the J'llillmr and fixtures in liuncd upon Ihc of llio same month, Plaintiff was I following lnlo of facts: Tiie bar appointed executrix of bis estate nnd ii.turon were originally pro imd became administratrix of (liui cured from the HriitiMvick-Hulkc- purtiiuilii) cbtatc of Snyder & ilar liiiglon. After her appointment she deinutldi'd possession of the part nership estate, for tho purpose of administration, and, upon Harring ton's refusal to surrender the game, obtained an order from the probate court directing him to stu render possession. Upon heme; served with this order, Harrington brought suit ngniiiHt .ho executrix to enjoin her from interfering with his possession, alleging that the estate owned only nti iiitt!i03t ia the profit h of the bus iness and praying for an aceountiutr for profits. Issue was joined and a Iria! had on July 1, 1007, and was decided on November ."10, 1007. Jn tlio inuunliiuo Harrington hold pos session of the property and carried oil (ho business. The court found that tSnyder, at his death, was an cipiul partner, and that since Hint time his estate has been a half owner in the Saloon, fixtures and business. The court also vacated (lib injunction older, leaving the matter iu the same condition that it was when life, order of the pio biito court was made, neaily two years before. Harrington was again served with the order of tho county court, jeiihinc liiui to turn over tbe properly to tbe executor. Ho de- Collouder eonipftiiy, upon a eondi tional stilo or lease contract, wheie bv the Ih'iinswlck-Halkc-Colleiidjr company, in consideration of the payment to thorn of $500 cash, and llio further agreement by the pur chasers to liny them tho sum of $1500 in monthly cash payments of $100 each, and a final payment 61 $10, the whole to be paid within 1(1 months from April 10, 11)05, leaned tho property to the purchasers, re taining title in itself, with tho right to demand and lake possession of (he same upon default of any of the payments or at any time when it should deem noecsnury lo do so, in order to protect itself ngn'mut loss. The company further agreed that, upon payment of the sums ahovo laeulioucd, ueenrding lo the agreement, it would sell llio prop oi I v to the lessees for (ho sum of $01. Thereafter, on .lanuary 'J, 1007, the contract was assigned lo the Northern Hrewiug company, with whom Snvder & Co. were doiig Imih iuess, by the Hriiiiswiok-ltnlko Col lender company. At the request of Snyder & Co. the browing company advanced tho sum of $101, being the amount yet unpaid on tho ugieo muni, which was churned'' iiguinsl Snyder & Co. on tho books of tho brewing company, nnd there referr ed to .in the nccouiit of "bills receiv able," as a note of Snydor & Co. On August 15, 1007, at the request ol Harrington nnd upon the payment bv him of $40, the amount due on ibe agreement, and $'200 of an over due bill for beer, the brewing oom imiiiv made an alignment of the .'igrcemeut in tbe following words: "I'ortlnild, Or., Aug. Ji, J007. deceived from John Harrington, four hundred and one dollars in con sideration of which within lease is hereby transferred. The Northern Hrowery Co." Tb'iH nHigninont, not being mi lis -fnctory to JShwogutt, who Vlaiins lo hnve advanced the money, was re turned lo llio brewory company, who interlined it so that it now rends as follows: "Jleceived from John Har rington, for J. Khwcgen, four hun dred and one dollars, in considera tion whereof within lease 1b lioreby Irmisfcrrod lo xnid Khwogcii.'' Khwogon and Harrington testified, iu substance, that the latter, finding himself unable to use the beer of the brewery company profitably in liU hiisiuohs, and the payments on the Iihikc being overdue, as well as a balance of $200 owing to the biew ery eoinpany, for beer, applied I" Khwegcn to tnke up this lease, which the brewing company would not as sign until the arrearage of $200 war also paid; that thereupon Khwegcn advanced the $000 necessary to se cure the transfer, charging himself with tho amount and agreeing that Harrington should have the use of the bar without rent so long as he continued to purchase the beer ul Khwegcn. The circuit court found for the dufenduut and disntfssed tho suit. 1'luiutiff appeals. Other facts will be stated iu tho opinion, McBride, J. The testimony in (hi case indicates u determined and systematic attempt on tho purl of defendant Harrington to defraud and rob his deeeused partner's es tate. The oncrable judge of tin court below used this language in his findings of fact: "There are some circumstances attending the transfer of tho above described property to tho defendant Khwegon that tend lo support the avcrmentb of conspiracy aiu fraud set out ii. plaintiffs complaint, but not suf ficient to overcome the positive and h wo ru evidence of both the defend nuts, and no conspiracy of fraud N found." We arc of tho opinion that there is sufficient fircuinstniiliu1 oidoneo to ocrcoiuti llio sworn tes timony of tho defendants and there fore that fraud nnd conspiracy is proved. As to Harrington, bis denial ot the partnership, refusal to account, under the pretext that his books had been stolen, and his whole conduct satisfy lis that lie is utterly un worthy of credit. It hfoms abso lutely improbable that bo would en ter into u contract to convey, en tirely, property worth $.TJ00 for tlio sum of $000. Upou its face, the' transaction is unreasonable. The as-j ertion that lie was without money lo meet llio pnymonts uud went to Khwegcn on that nccount, does not comport with a previous affidavit made by him thut the profits of the husinPHb were probablv $10 per day; and hi story about Ihc foss or thefl of bis books, and bis consoqucnt in ability to give an accurate account of the condition of bis business, docs not impress the court with it-1 truth. Whether Khwegcn advanced the $000 or not, we arc convinced that he took ibe assignment in trust for Harrington. The $000, which he claims to have ndwitieed, was not paid Jo tho Northern Hrewiug com pany, but to Harrington, and by him to the- brewery company. The orig inal assignment made no mention of Khwegcn as assignee,, which indi cates that nothing of the kind wan eontemifuted by. Harrington when i lie paid the monoy, and that the sub-' sequent interlineation of Khwegcn j naiiie was probably an afterthought. Tho bar remained in Harrington's possession and control, and indeed, I there was no legal way for Khwegcn j to get control of it, except to seize H under Ihc provision of his lease,' which ho waived bv agreeing that Harrington should use it so long ,i 'io purchased Khwegen'M beer. Ilur riuglou, being a lucre intruder upon iho partnership osluto and prem ises, could make no contract giving Khwegcn title or right of posses don, and every adwintngc or waivor H'ciircd by him, by his evercisc of ontiol over the I'slnlo dc son toil, 'niiied to tho benefit of the estate Hid not to him. We cannot, iu view if these and other circumstnucog, indicating fraudulent collusion be tween Harrington and Khwegcn, per nit the estate! or the widow of the defcudnnt to be juggled out of this sntiro properly. We go far cimugli when wo penult Khwegcn to have a 'ion upon it for the $000, which he says he advanced, and which pos sibly may hiivo preherved tho prop erty from legitimate seizure, though oehiiicn!ly( only $101 and internal were nclually duo. Iu addition lo this, us to Har rington, wo think the evidence indi cates that bo has consumed a lnrgo amount of tho firm's assets and profits of the business, bgt, tin amount being indefinite, we fix it .it a minimum of $700, and require bur. to pay that sum to the executrix. Tho lense having expired since this suit was begun, wc make no order n to that, except that plaintiff be nl lowed free access to tbe premises lor 20 days tor the purpose of re moving the bar and fixtures. Judgment reversed. X M. A S STATIONERY From all the Fam ous Manufacturers EATON. CRANE & PIKE. WHYTE & WYC0FF. WHITING. IN BEAUTIFUL BOXES, FROM 20c to $2.00. MEDFORD ..Book Store.. 01 A L!TY consists of what is really iu the goods offered for sale. We know that you cannot buy better GREEN GOODS, better STAPLE and FANCY GROCER IES, bettor FLOUR, BETTER COFFEE, or better BAKERY PRODUCTS than we are offering for sale. One cabbage patch may look a little nieer, but raise no better cabbage, and yet the gardener will CHARGE YOU 35XTRA QN ACCOUNT OF TJ IE LOOKS. Allen Grocery Co. Main & Central---Phone Main 2711 OffuttRornes Auto Co. Automobiles OKNKKAL OVKRHAULINCl & MACIIINK HKPAIHINO. First-Class Workmanship Guaranteed. l'lIONK MAIN 0231. Corner Central Ave. uud Hlh rft Medford, Or. .o.ooc-c':'0,jc0':oo,0'VO-o,0'j,0':o,S'0oooo. 5 0 s Nursery Stock Let us Quote You Prices on All Kinds of Trees and Shrubs L. B, WARNER Jr. At Warner, Wortman (EL Gore Grocery s& j& j& Medford vo0':ooo:'0':'0':'0o:'0':o'0o:'0-:o0':'0'0':0'oo MMMMMiWM, FIRST CHRISTMAS SALE Vf K MXP AT . lTXil 1 Lj JL. CENTRAL AVENUE MEDFORD'S POPULAR PRICE STORE, NEAR POST OFFICE $25,000.00 Worth of New Up-to-date Merchandise at Prices That are Right $25,000.00 Our first Christmas in Medford finds Every Department in Our Store Filled with New Goods Suitable for Sensible Christmas Gifts It will pay you to look here before you buy '- Make your purchase early while selection is complete New Dress Goods and Silks 5000 Xmas Handkerchiefs On Sale at Low Prices See Our Winsows Initial Handkerchiefs. Children's Fairy and Kin dcrtfiti'tiMi Handkerchiefs, each 5c Children's Handkerchiefs, lnl up JJ in box; very j Cp special, box ' Awl-' Women's all linen Handker chiefs; very special, Tp caeh wJL Women's fluo whjte lland kerehiefs; aUMial Me; two for 5c V o m en's faney colored Handkerchiefs; Ctf verv snucinl. eaeli V I READY-TO-WEAR GARMENTS iiiiiIum tho burnt ChrUtniUB gnrnuMita a nd nro nnpreclntcd more thiui any- tbiiiK else. Women's till linen initial Handkerchiefs; special 7c; four for 25c Women's fine initial Hand kerchiefs; (i in box; Cjp a box Odj Men's fine initial llandker- . chiefs; (J in box; a box wlt Women's and men's initial Handkerchiefs, all linen; 3 in box; very special; 7r box IJ A beautiful line of women's faney embroidered lland koro.hiefs at $2.00, $1.50, $1.00, 75c, 50c, 35c and 25c oa Women's Suits AVe have just (0 Suits left; till good styles and colors; fit and workmanship guar anteed. These we will sell at this sale at exactlv 25o OFF Women's Coats "We have 7.") women's winter Coats left; till this year's styles; come in all colors and black; even garment guar anteed; this sale, at 25 o OFF Silk Crepe do Chine in all the light evening 7f shades, at, yard atli New Kimona Silk; beautiful patterns, a yard 48c Children's Winker Coats at Exactly One-half Reg'. Price GLOVES AVheu in doubt what to buy, chooao a pair of (J loves. I nut received, a new ship ment or the famous K. W. L (Moves in all the new shade z::ti $1.25 New black Suede Olovos, a pair .... $1.75 NECKWEAR Now Jabtfts at 25c and 50c. New lace Dutch Collars from . 25c up to $2.50 each. New Auto Scarfs from 50c up to $5.00 each. New Auto Hoods and Hou nds from $2.50 up to $7.50 ouch. New embroidered linen Col lars at 25c oach. Silk Petticoats 1200 beautiful new silk 1M tieoats in plain and faney Persians; this sale at $5.98, $4.98, $4.48 and $3.98. Kimonos A beautiful line of women's crepe and sulk Kimonas; all new stvles; beautiful pat terns; ill $10.00, $7.50, $5.98 and $3.98 each. What could be more Sensible than a Dress Pattern New Patterns for Child- en Dresses at $1.19, 50c and 19c yard New Serges and Cashmeres at 50c nd 60c a yard. Beautihil Black Goods at $1.50, $1.00, 75c and 50c a yard. Bear Cloth for children's coats at $3.00 and $3.50 a yard. Broadcloths, in all H CA tpXiVU colors, a yard " the new $1.25 "Peau de Cvgne, cloth for scarfs; very special, -yard . See our lino of Black Silks in taffetas, "peau de soie," messalines and "peau de cygne." ; : ; ; : : ; ; : : : ; I DONT FORGET THE BABIES. VISIT OUR NEW INFANTS' DERT. Headquarters for Women's Furs Coney Scarfs at $12.50, $10.00, $7.50, $6.50 and $4.98 o Coney Muffs; large size; new style; at . $6.00 each Blue wolf Sets, new style, special $35.00 set Beautiful marmot Scarfs, special $12.50 oach Beaut irul marmot iMuffs, special $12.50 each ,lap .Mink Scarfs and Muffs, spuoml $25.00 oach Hootees nt 25c, 50c and 98c a pair. Infants' Sacks at 50c, 75c and $1.00. Infants' Set Cap Leggings and Mittens, a ftOp Infants' bearskin Caps; now stvles. 50c and 98c each. Infants' Hose in all colors; silk heel and toe, a pair 25c Infants' Coats at till prices. Infants' Sweaters in till col ors, at, each, 8c and $1.50 Infants' felt Bonnets at ex. actlv one-half price. SKIS OVR XKW LINK OP XMAS KIKKOYS AVomen's leather Handbags, all new stvles, at $5.00, $3.50, $2.50 and $1.25. o A beautiful line of Persian and leather Belts, put up in Holly boxes, at $1.00, 75c and 50c each. Mesh Bags, all new stvles, at each, $5.98, $4.98,' $3.98, $2.48 and $1.98. Barrettes and Back Combs, put up in Holly boxes, at, each, 29c, 59c, 79c and 98c. CrpWlfttlSlt 4fMrti9toti0t0fefefcfelfct tfttfrpfc v-mi&twm - 'mwttm