Newspaper Page Text
Notes of Cases Recently Decided,
Which are oF Interest to
DIGESTED BY W- B- MARTIN,
(Exclusively for Virginian-Pilot.)
WILSON V. DAWSON.
Supreme Court of Appeals of Virginia.
February 2, 1SU9.
UNDER CODE OF VIRGINIA. SEC?
TION 3.211. A PARTY CANNOT RE?
COVER, ON A MOTION. DAMAGES
FOR AN INJURY RESULTING
FROM A BREACH OF CONTRACT.
This case was a motion made dnuer
section 3,211 of the Code of Virginia,
prior to its amendment by the acts ol
3sur>-G' for damages resulting from the
breach of a contract. The lower court
gave Judgment for plaintiff and de?
fendant appealed. The court says:
The verdict and judgment complained
of plainly Include items 27 and 23 of the
account sued on, Which are for prollts
the plaintiff alleged .'he would' have
made upon the work which she was to
do under her contract had there been
no breach of It on the part of the de?
fendant: that Is, for damages claimed
by her by reason of the breach of the
contract on the ;>art of the defendant,
and the Question presented at the
threshhold of the case is, can the plain?
tiff recover, upon motion under BCCtlon
3,211 of the Code as it stood when this
nctlon was brought, damages for a
breach of her contract with Wilson &
"If the cnniract_is_!3uch. that the pcr^
son making the motion Is entitled to
recover MONEY upon it by ACTION,
he Is entitled to pr icocd to do so by
motion, whether his right is based upon
nn expressed or Implied contract. The
remedy extends to ail cases In which a
person Is entitled to recover money by
action on contract."
Section 3,211 of> the Code, as It stood
when this action was- brought, pro?
vides that a person "entitled lo roc iver
money by ACTION ON ANY CON?
TRACT inav. on motion, obtain judg?
ment ? therefor." There have been
amendments lo this section which may
have enlarged its scope, but with these
we have nothing to do.
In discussing this subject Barton
says: "It will be observed however, that
the statute conllnrs this motion to cases
where one would be entitled to recover
money by ACTION ON A NY CON?
TRACT, a>= distinguished from action!*
usually termed "sounding In dnmnges."
Clearly it wns not Intended by the
statute In affording a more speedy
remedy for the enforcement of con?
strue t's by tho recovery of money due
thereon by motion, to extend this mod"
i of proceeding lo actions usually term?
ed "sounding In damages." Damages
for nn Injury resulting from n breach of
n contract recoverable In an action
"sounding In damages" can In no sense
>' be considered money due on contract.
trustees oberl1n college v.
Supreme Court of Appeals. West Va.
a TRUSTEE who IIAS polo prop?
erty may AFTERWARDS BUY it
from the PURCHASER, if his
SALI-: was in good FAITH and
? he has fully discharged
his trust in regard there?
This was a suit brought to Invalidate
a sale of land made by Blair on ttie
ground that he had as a trustee sold it
to a purchaser, and afterwards bought
nn Interest In it himself from said pur?
chaser, which was claimed to be a
fraud on the parties for whom Blair
acted as trustee. The lower court held
the sale invalid and Blair and the other
purchasers appealed. The court says:_
The litigation In Ibis case is mani?
festly the result of a train of circum?
stances which not infrequently occurs
In this state of late years, when a few
ncres of barren, unproductive hill land
become suddenly of Immense value, by
reason of the discovery of petroleum In
tho immediate vicinity, and the former
owner finds he has been too hasty in
parting with his title, and seeks some
loophole by which to regain his posses?
sions. The circumstances relied upon by
the complainant to establish the fraud
relied on to invalidate the sale made by
Blair, trustee, to McMillan, of the land
In controversy, are contained In a small
comnnss. and cluster around the sale
made in Fohrunry. 1S92.
[Here the court discusses the facts of
the case, and proceeds.1
At the time of th-^ sale to McMillan,
bo far as the evidence discloses, no one
was aware of the existence of oil in the
Sullivan well, except the immediate em?
ployes of the South Penn OH Company.
In the case of Walker v. Carrlngton,
74 111. 416, the court held that "while
it Is true that a trustee or agent cannot
be interested in a sale made by him?
self, yet when he has fully discharged
his trust, and sold property to a third
person in good faith, having no Interest
In the same at the time, he may after?
wards acquire the title from the pur?
chaser, nnd such fact, or the fact that
his wife acquires the title, will not af?
ford ground for avoiding his sale."
"The agency of a real estate acent
and his duty to his principal ceases
upon the delivery of the title papers
nnd payment for the property." "After
the termination of the agency, the
ng?nts have the same right as any other
persons to deal In the property."
But there is no evidence in tho ease
that Blnlr contemplated becoming in?
terested In the property at the time he
made the sale to McMillan. Upon this
otiestlon of fraud this court held, in
the case of Harden v. Wagner. 22 W.
Va. 356. that "tho onus probandi Is on
him who^nlleges fraud, and. If the
fraud Is not strictly nnd clearly prov?
ed, ns it is alleged, relief cannot b"
granted, nlthough the party against
whom relief Is sought may not have
been perfectly clear In his dealings."
"The general principles applicable to
cases of fraudulent representation nre
well settled. Fraud is never presumed,
nnd. where it is alleged, the facts sus?
taining it must be clearly made out."
Looklnar at the entire testimony, we
i cap find no misrepresentation made or
fraud practiced upon the plaintiff, and
must hold that the evidence does not
establish that the defendant Blair In
any manner violated the trust Imposed
In him. The decree complained of Is
therefore reversed, and the slalntiff'B
bill dismissed. ?
The annual meeting of the Ladies
Union of the Park Avenue Baptist
Church was held last night at 8 o'clock
at the beautiful church mi Park and
Highland avenues, Brarhbleton.
Tho Union was organized about eight
years ago and has labored strenuously
to build up tho congregation, and they
have raised thousands of dollars for
church purposes and have given ten
per cent, of their receipts annually t?
Tho reports submitted last night in?
dicates that the Union ij in a prosper?
During last year the ladies visited
The total receipts In 1898 amounts to
$741.37, nnd the disbursements $718.97,
leaving a balance in the treasury of
The program consisted of devotional
exercises, after which the anthem, "Ye
Shall Co Out With Joy," was sung by
the choir. Dr. A. E. Owen was intro?
duced and delivered an eloquent ad
dr. ss on "Woman's Work." Mrs. An?
nie Dunbar sang "Trust and Believe,"
a pretty song by Lane. The ladies en?
ter upon next year's work with enthu?
Large congregations attended the
Park Avenue Baptist Church Sunday
morning and night Dr. J. J. Hall deliv?
ered two able ami eloquent sermons.
His subject at II o'clock was "The Ne?
cessity for and Teachings of the Res?
urrection of Christ." At night "The
Power of the Risen Christ."
A lnrgo chorus choir, under th" direc?
tion of Mr. T. J. Anderson, the well
known tenor, furnished the special mu?
sic, slnglttg most acceptably numbers
Of hieb grade anthems. Mrs. L. P.
Roberts, sop ran a soloist, was in excel
rioril voice, and her numbers were very
fine. The hymns were written express?
ly for the occasion by Mrs. L. P. Rob?
erts, Mr. A. B. Walker and Dr. Hall.
ATLANTIC CITY ?ARD
A large ami appreciative audience at?
tended the musical nnd literary enter
tainmcnl given by the W. c. T. i". at
their hall last night, and was highly
pleased with the program as rendered.
To-night Whlttemoro, Oberndorfer &
Whlttemore's Itellned .Iuvenile Min?
strels will give one of their pleasing
minstrels performnm is.
Captain 11. .1. 1.:.nibert, of Avenue B.
has recovered sufficiently tobe able to
uppcar on the .streets.
The talent workers of LcKlcS Memo?
rial M. E. Church have raisyd In
the neighborhood of $40t? to pay oft a
floating debt on the church.
The revival nl Central Avenue Bap?
tist Church Is growing In interest. Rev.
J. T. Rlddlck, of North Carolina,
I preached last night. He Is her.' to
assist Kev. E. E. Dudley in the meet?
Miss Rosa Boy. of King and Queen
county, is the guest of Mrs. Rev. W. T.
Williams, on Central avenue.
i All In sight of monument. "Newest
Discovery" extracts teeth painlessly.
X. V. Dental Rooms, Enncs only, 321
Main street, corner Talbot.
KE STOLE A KEY.
EDWARD BRIDEY INTENDED TO
ROB A STORE.
Yesterday someone stole the key from
tho .*itore door of Mr. E. L. Williams'
wholesale liquor house, corner of Com
mcrclol Place and Water street. Police
headquarters were promptly notified,
and a sharp lookout kept last night,
with the result that Policeman Scay
found Edward Brldey In hiding near the
place, and the key In his pocket. Ho was
taken to the station and locked up.
Brldey confessed to stealing tho key,
nnd his intention to have entered the
-store- with the view of carrying?away
all bis physical strength would permit.
Money was, however, the principal
thing he was after. He will have a bear?
ing in the Police Court this morning.
ft MAN CftN'T WORK
When lie I? SltflY'rtns With lMlen.
lie Cnn'i cn, Sleep, Can't Get Com?
fort Auy Way But Oiie-1'yrnmld
IMIo Cure Will ('uro lion; ?Ivo In-'
Just a little pain may so distract o
man's lifo tk.it It will cost htm hundreds
of dollars. Life Is a battle. To succeed
one needs all Ms energies and all h'.s
brain force to apply to the question at
hand. Even a corn will make him Irri?
tabler, onoss, angry?and an angry man
seldom succeeds. The trilling pain: of ii
corn is a. pleasant feeling besides the
agonising ache of piles. That Is a pain
which seenu to pervade the whole body.
It tonnnun cat's Itself to all parts mar
tho seat of tho tronblo and brings on a
heavy dragging feeJlng in the perineum.
Those who do not suffer do not know
what it means. It racks the nerves, pre?
vents sleep, prevents concentrated
thought and makes a man lost> llesh as
fast as ho would with u virulent fever.
And yet piles are looked upon as a
little thing. They are ne/Vcted?allowed
ta run on from month to m:7ith and
from ymr to year. By and by comes a
surgical operation. Maybe It ouresr
m.tybo II k:|ls.
There is ot.lv one sure, safe and quick
cure for piles. It Is the pyramid Pile
Oure, It is a recent discovery and Its
properties are such that it cleanses,
fi.othes and heals the inflamed parts, re?
duces the Inflammation at onco and wth
\ontlnucd treatment removes all swelling
and all trace of disease, It puts the mem?
branes in a healthy active condition and
cures completely and perman"ini'.!y. ^
Prom C. P. Collins, Oarnott: "I com?
menced using the Pyramid Pile Cure, but
my case was so bad that I was afraid
th? remedy wotrtd fail, but before- I had
used two-thirds t-f r. package I began to
feel much better and 1 can honestly say
I am entirely cured, it Lp the quickest
ar.d fniTcst remedy 1 have, ever heard.of."
Prom Joslah Roberts, Port Or&m, N J,
"Just one-quarter of a package of the
lVramld Pile Cure did wonders for me
ntvtl I have lost no opportunity of recom
mor.d'.r.g such a wonderful remedy."
From Wm. Moll ale. Rockirort. .Mass.,
"One package of Pyramid Pilo Cure has
helped mo more than anything I have yet
Pyramid Pile Cure Is sold by drugg.'sts
goneraWy. If your druggist doesn't keep
It. ho w+ll get it for you if you ask him.
B>:>ok ort cause and cure of piles sent
free. Address Pyramid Drug Co., Mar?
shall, Mi civ, aj>4,6,S
IN THE COURTS
A Dull Day in the Law and Chan?
t'orpornMon Court Urntid Jury Will
Ito Called Tc-?ny ? SlnrrliiRO
1.1 co u n s I?in?d-Prop?riy T riiu??
lere Kecordr?! ?I'o'lce Ilrm?.
There was very little business trans?
acted In the Law and Chancery Court
The case of Blunt Fruit nnd Pro
duce Company vs. H. T. Bush was tried
and verdict given for plaintiff.
John L. Hummer has entered suit
against the Consumers' Brewing Com?
pany in assumpsit; damages' $".000.
TUB CORPORATION COURT.
Judge Hanckel opened the April term
of his court yesterday.
13. W. Anderson qualified as executor
of Hellnn M. Masst under a bond of
31.000, without surety. E. S. Kutllii, H.
\V. Tomlln and G. 21. Dillard were
The grand jury will be called to-dny.i
MARRIAGE LIC EXS ES.
Tho following marriage licenses were
Benjamin Itlddlck to Martha Sutten,
William Henry Day to Annie Eliza?
beth Smith, colored.
Charles Cnrlln Martin to Mary Eliza?
beth O'Brien. wdilte.
The following deeds were recorded
Mrs, Joseph Salomonsky to Leila A.
Taylor, properly fronting 'JCCr, feet on
east side of Granby street. 220.45 feet
north fri>m Main street, and running
buck to Concord street: Jlfi.OUO.
John N. Vaughn to Mrs. D. Lawrence
Groner. die property at tho southeast
intersection of Freemason and Yar?
mouth streets: deed of gift.
Trustees of the Heptasophian Build?
ing and Loan Association to W. F
Wither, the property at the southwest
corner of Highland and Windsor ave?
nues. Brambleton Ward; $SS0.
Samuel Body, colored, well-known as
"Steamboat Sam," Is under arrest,
charged with stealing clothing from
stechen Ross, colored, employed on the
< tld Dominion .steamer Accomack. The
clothes were ' Stolen Sunday morning
and recovered by Detectives Heppel
MINOR POLICE ITEMS.
Jane Banks, colored, drunkenness
and abusing an officer: lined $11.
Win. Dudley and J. F. Wickholm, al?
leged deserters from the navy; deliv?
ered to the navy-yard authorities.
Jake Major, colored, abusive lan?
guage: lined $3.iirt.
Jane Hardy, colored, breach of the
peace: fined J3.50.
Rosa Ferehee, colored, stealing
ilothes from Lily Smallwond; dis?
Lemuel Turner, colored, suspected of
cutting CasVy Ford, colored; dis?
Marie Goings, colored, breach of the
peace; fined S3.
S:im. Boyd, colored, bousebreaklng
and robbery; hold until April 13th.
Joe Neil, the negro who assaulted
and escaped from Policeman W. T.
White at the corner of Church ami
Union streets Saturday afternoon, was
sent to jail for five months.
THE POLICEMEN'S LOCKER&
The Building Committee, composed of
Messrs. Camp. Jacobs and Cake, have
had sixty-four neat lockers put up in
the police station for the patrolmen.
These apartments are well constructed
and all of the keys are different. They
wilt be a source of convenience, as well
ns comfort, to the mi n.
BEAT HIS WIFE.
JOE CRADDOOK FINED AND SENT
Policemen Sanderlln and Watson
were attracted Sunday night about 8
o'clock by a cry of murder in the sec?
ond story of a house at tho corner of
Bottimore and Denby streets. They
rushed up the front steps Into the
hctise nnd when they entered the room
from which the cry came, they found
Mrs. Delila A. Craddock lying on the
floor unconscious and her husband, Joe
Craddock sitting on a sofa not very t:\t
from her. The officers state that it
was several minutes before the woman
rallied sufficiently to be questioned.
They learned that the man had been
abusing his wife all day, and that he
violently attacked her1, which caused
Craddock was placed under arrest
and lodged at tho station house that
night. The Police Justice fined him Jl">.
which ho could not pay, and was sent
to jail. Mrs. Craddock did not appear
against her husband. When the Legis?
lature meets again a bill will be intro?
duced to punish wife beaters witli
stripes. It Is thought that this Is the
only punishment which will effectually
break up this species of barbarity.
BOAT CLUB'S ANNUAL MEETING
ALL OLD OFFICERS , RE-ELECTED
The annual meeting end banquet of
the Norfolk City Boat Club was held
at the bonthouse. at the foot of Free?
mason street, last night. All of the old
officers were re-elected.
A resolution to iner. n. . the member?
ship was voted down. An Informal ban?
quet was served by the House Commit?
The club was reported to bo In n
flourishing condition, with Its stock
above par. Mr. John B. Jenkins is pres?
ident, H. G. Whltehead treasurer, anil
Isaac T. Walke secretary. F. W. Mc
Cuilough is captain.
The Vigilant Very Feet,
The Vigilant, the new brat rf the
.Norfolk and Ocean View Railroad Co..
went on duty Sunday mornlr.g and
made the trips hetween WIllOURnby
Spit pier and O'.d Point 1n a most s-At
isfactory manner. The steamer is one
of the fastest in this section, and
crowds of people took the trip Sunday
and yesterday in order to g-st a ride on
the new craft. The Vigilant can make
the trip across the water about ten
minutes quicker than could the Granite^
City, nnd therefore the time between
this city and Old Point will be reduced I
to forty minutes.
OTHER LOCAL ON PAGE 6.
The ills peculiar to women act on the nerves
like a firebrand. , '
Many women become nervous through
menstru a 1 su ?e rin g.
The advice and help of Mrs. Pinkham have
^-"-^^3^^==^^ relieved the tension in
<C-? r^*> <K\L. countless households
and g ; eat numbers of
women owe their
present health and
comfort to her.
Helen Ave., Detroit,
??Dear Mrs. Pinkham?I
have been taking your Vegeta?
ble Compound, Blood Purifier
and Liver Pills and feel wonder?
fully strengthened. Before
using your remedies I was in a
terrible state ; felt like fainting
_every little while. 1
}, to . m?**
???^?C-' W 1244 He!
I; ? /
- I'^Sfi': ? ?.
thought I must surely die.
But now, thanks to your
remedies, those feelings
are all gone."
Hrs. Anna E. Hall, of
Hilldale, Conn., was all
run down in henlth and
had completely lost con?
trol of her nerves. She
*?, wrote to Mrs. Pinkham at
Lynn, "Mass., for ad vie 2.
Now she writes:
??I wish to thank you
for what your Vegetablo
Compound hr.s done for
me. It has helped nio
more than anything elso.
Before I wrote to you I
suffered for a long time
with nervousness, pains in
back and limbs and falling
of the womb; also had
neuralgia in my head and
could not sleep. I told
my husband that some?
thing must be done,
^ for I was nearly frantic
J&&*to5? w**n Paul< Having
$ read of the wonderful
cures Lydia E. Pink
ham's Vegetable Com?
pound had performed, I de?
termined to try it. I have
taken it and am happy
to I say am cured. I rec?
ommended it to all my
friends and never tire of
telling the benefit I hnvo
you alone to thank for my
Mow fiffrso Weaver
??Dear Mrs. Pinkham-?! had
inflammation of the womb and
painful menstruation, and by
youradvice I began taking Lydia
E. Pinltham's Vegetable Com?
pound. Have taken four bottles
^ /&%5??aS"'*~ * ttn^ l'*SC(^ one package of Sana
x^^^^^?A^AA^S-''^ tive Wash, and feel like a new
woman. I thank you so much
-Mr?. Susio J.
for what your medicine has done for n
Weaver, 1S21 C&IlowoM St.. Philadelphia, Pa.
As2 tioiva Woman's Siosy?
"It is with pleasure that I write and tell you what your
medicine has done for me. I had been doctoring for two
years and no medicine ever did me so much good ns yours. I
tried three doc tors, and the last one said nothing but an opera?
tion would help mci My trouble was profuse (lowing; some?
times I would think I would flow to death. I was so weak that
the least work would tire me. Reading of so many being
cured by your medicine, I made up my mind to write to you
for advice, and I am so glad that I did. I took Lydia E. Pink
ham's Vegetable Compound, and followed your directions,
and am now well and strong. I shall recommend your
medicine to all, for it saved my life."?Hiss A, P., Box 21,
The invitation is open to-day as it has been for
a quarter of a century, write to Mrs. Pinkham,
at Lynn, Mass., and receive her counsel free
Lydia E. Pinkham's Vegetable Com?
pound?A Woman's Remedy
for Woman's 111
are Gray and Tan. Popu?
lar price is 50 cents.
45-inch Beiges, excellent
stuil's for general reliability, in
these shades may be yours.
is Covert. Sightly, weara?
ble. In Tailor-made garment
nothing more attractive. Style
I is in them. 50 c.
50-inch, All-wool. Black,
Navy. New Blue, Bright Blue,
iand Green, the shades, 75 the
price. Nothing we have com?
mends itself more strqngly.
are charmingly pretty. Taf?
fetas somewhat softer this sea
\ son?materially so?and prom?
ises more wear. 75 buys
things of quiet elegance, and
; .Si .00 is \ figure for the more
800 yards go on sale Thurs?
day morning at to o'clock.
The price will be instead
Perfect goods, but not in
full pieces. Lengths run as
high as 10 yards.
Twill be worth your while
to glance at the window con?
taining an exhibit.
A prime thing for the sea?
son's white gown, at a mini?
jasBpu Brown, aao main si.
? Monday, though a gloomy
day, saw many skills leave our*
store. On the other hand the
stock was replenished by arri?
vals over the express and
Fancy were conspic
BfSack uous m *ne 1?*
Crepons and. Pretticr
r. goods never
graced the counters of a dry
gQOjfis store. Possibly th,* l^st
value in the lot is one we are
offering for S8.00
The price sounds cheap but
the value?asserts itself at a
Our Holds many of
Si?k ule season's
Counter motf desj?ble
patterns. It you
haven't seen then come and
let us shew you what a pretty
line we carry. If you have
seen them come and take an?
other look?new ones coming
every day. /Many styles to
choose from at
$1.00 the yard
Ii f Boat does not
To-Day's disappoint us,
we will tell you
in this space about a remarka?
ble offering we have in store
2iS Main Street.
I ARE-VOL?TIOnTn^NORF OLK
tub Virginia Cafe ana Baftenj,
tho hand?otn<?t place In the city, ore
<:?> ;?. iJ to seive their patrons with the
tiner-t llr.e ot
HIGH ART CONFECTIONS
AND BAKED DELICACIES
ever supplied in Noif. Ik before.
In the cafe can he found anything ftom
a neat delicate flavored cuu of coffee lo
I a banquet spreid Ladies especially in
i Goods delivered to ftny pert of the cltjj
fco ot charger iauxl-Csa