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.
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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
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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."
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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
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