The Indianapolis Star from Indianapolis, Indiana • Page 37

THE INDIANA rO LIS STAR THURSDAY, OCTOBER 9, Statistic 1932. Central Students To Get Honors l)av Tribute From Official Records 37 Korea Diitv Tour May He Extended Washington, Oct fi (UP) Gen J. Collins. Army chief of staff, said yesterday it may be nceccary to lengthen tours of duty for American servicemen in Korea. But tie added that nothing has been dona about it vet ciety.

They are Paul J. Hunter. Rew, Pa Ka'hryn Merkfl. and Man rose Pat-ton, Paoli. The other are upper-rlassnien.

The Indianapolis up-perda-ssmen are: Raymond F. Ruck, Joe Hiirrlo, David Jones. Pixie Key, Joyce I.iechty, Kernadine rroftor. Jacqueline Smith, I.eonard Smith, Dorothv Steele and Betty White. Others are Bt-tty Bliby, War saw; F.tfie Buchanan, C.ie Ill James Burns and Pa id Hilton, Roctv'rr; Mirgaret and M.tnv Ewert.

Sprmsfte! Ill Hope Fruth, Brazil; Rcnnld H.inswaM. New Albany Ethel Hoion, Vahin5ton, Vea Lang for Mftcalf, Raymond I.ee and Gladys Rochester, Minn John Reed, Portland: Harold Schuman Wan.v maker; Carolyn Shiiick. Hartford City My i on Scot ten, Creen-field; Jess Smither, Hayden, and William York. Thorntown. Freight Line Creditors OK Pavnient Plan creditors of the Yellow Transit Freight l-ines Inc.

have apprmed a plan for artanciiient of payment of liabilities licfore John K. Riikles, retoroe in bankruptcy, lieie, I'niler the plan, creditors as of ia-t Feb. i i than ail rarg- and damage claims and me other claims are to he pa.d in full. Larger unpaid rredi'ors will Ci about lo pier cent in ca-h and the rest within a year. The creditors' action ended preliminary steps in ri-Iinancinp th' trucking fnm approved by the Interstate Commerce Com-mission.

A need lor new woikin- capital caused the company with rf npmont valued at abmit $1,. to petition Fedcial Court here for refinancing some time faaapaasapsBssBBHi up nmmj fiwm Tlmty-onc students vith a Cradf average rf or bPttrr be recopnizrd at annual Honors Day retvmonies today at Indiana Central Colli de. Three of them, all freshmen, vvill be inducted into Thi Alpha Kpsilon, freshman honorary so- 20 Ftdtrol Ton On Som (cms 20-Pc. Service for 4 A DINNERVARE Colorfully Hand-Pointed Under Heavy Glaze for Long Wear. 4 Dinner Plates, 4 Cups, 4 Saucers, 4 Salad Dishes, 4 Dessert Dishes.

FRIENDLY NEIGHBORHOOD DRUG STORES WE RESERVE THE RIGHT TO LIMIT QUANTITIES! a.95 5. AT NO EXTRA CHARGE 1.14 FLASHLIGHTS 83 3 PARING KNIVES 2 .26 2.50 ALARM CLOCK 1.89 6.00 TABLEWARE Irr 3.99 .98 HAMPER .69 RICHARD HUDNUT GOLDEN OIL TREATMENT SHAMPOO For5 Dry ,) .19 .29 .98 II RILM .29 BUD VASE .15 FISH BOWL HAIR DRYER With Stand .13 .09 5.69 lSSMw'i Shampoo for Normal Hair. Given Z' With Purchase Richard Hudnut NYLAST Doubles Lift of Sfockingj .25 FOOD GRATER .59 NOTE PAPER ZIPPER BAG, 12" 0) s- rs. rru fc-Home Permanent Weather Data fnttnl tata Witltrt Kama Vprnal I 'port tor Ta Indian. Mil Mar I CENTRAL STANDARD TIME fun nsn 5 41 am jn ss 5 pn alowi rttrf 9 35 m.

Horn sffi 1 16 am -Airport Data 24 hourt. to 30 Oft Titai amount imc, Jan. 1 3 ft aVrumuia'ftl opartur. frim normal since Jan. 1 i.icsst 4 so -Baromrtrr Rraitmis- 27 17pm 11 29 34 -Twnpfrafurfa- 1 34 1 am 3 3 am .11 1 3 5a SI 7 m.

4 pro 411 11 pm 44 AS nsi 29 11M9I 5 33 3 7 a aa 11 4 93 Maiimum. Rw. Minimum, Z0 -For tht Same Dat Lst 58 I Minimum. 37 Weather at- 6:30 m. Kiiti Amarillo, Tex.

Hear Atlanta. Ca Rain Human. PtOdy CWearo. HI. Cincinnati.

Clear Denver, Col. Clear Duluth. Minn tvaruvllie. Ind, Fnrt Wimt. Ind Clear Kaniaa City, Mo Clear In Anjelea.

Cal Clear I.nulivllle. Kf Miami. FlA. Minneapolis. Winn.

Ne Orleans, La. New Yorll Clnude Omaha. Neh PittiDurth. Ptridy St. Louts.

Mo San Francisco. Cal. Clear Sault S'e. Marie South Bend, Ind. Sookane, Wh Cloudy Tampa.

Fla. Terre Haute, Ind. Clear Whlnrtnn. DC. PtClrfy 74 35 53 3t 30 3D 37 37 34 3A 34 54 35 73 40 4A 45 33 34 31 54 34 49 71 34 49 AO Al 74 59 5 7 11 A AS AA Al 73 55 A3 70 55 News Of The Courts PRKME COI RT (del.

19.12) JA984. Nelson, et al v. Haley, ei al Montiomery C. Four ludrea to concur, causa transferred from Appellate Court No. 18173 pursuant to Sec.

4-309 fiuma. 3A9A2. Olbaori vs. Ftelshbeln. aee-etal Judge, etc.

original action. Transferred from 0-29P. Issuance of writ of mandate dented In opinion per curiam. 3A9A3. The Prudential Insurance Company of America vs.

Smith. Tippecanoe C. Appellee a petition to transfer from Appellate Court No. 1A09A granted. Bobbltt, J.

dissents. Judgment affirmed. Emmert, J. Bobbltt, J. dissents.

38895. Brown vs. state. Marlon Cr.C. Appellant's reply brief and rt-teipt for oopy.

3ABA7. Department of Financial Institutions, et al vs. Holt, al. Marion S.C. Appellee's notes on oral Argument.

3(1947. Public Service. Commission of Indiana, et al vs. Fort Wayne Union Railway Company. Allen S.C.

Appellant's petition for time to file reply brief, granted to And including Dec. 4. 1993. 2S94. P-ttl vi.

State. St. Joseph C.C Receipt for copy of appellee petition for time. 35924. Columbia Properties vs.

State Board of Tax Commissioners, et al. Vanderburgh C.C. Appellant petition for time to file reply brief i ranted to and Including Dec, 34, 952. 25901. Gurerkl va.

state. Portt C.C. Order of dismissal at cost of appellant. 25974 Statf ex rel Appleman vs. Lake Circuit court.

Brown, special Judge. Original action. Respondent's return to writ, brief. Respondent's request for oral argument. 28953.

Myers vs. State. St. Joseph C.C. Record.

3 volumes. Assignment of errors. Submitted under Rule 3-14. Appellant's petition to file brief In I volumes and for extension of time ranted is prsyed and time extended and Including Feb. 1953.

1A31T. Schmidt v. The National Bank of Logansport: Tabor, trustee, al. Pulaski C.C. Appellee's I Tabor) petition to transfer, brief And affidavit of service.

OPINION (Oct. 7. 1952) 28913. The Prudential lnsuranct Company of America va. Smith.

Tippecanoe C.C. Judgment affirmed. Em-mert, J. Bobbltt, dissents. Insurance company executed policy for 15,000, with double indemnity clsuse.

and about two months later, insured waa killed In Auto collision, and beneficiary aought to recover, and received verdict. Policy application contained answers made by insured as to the state-ol insured's health, and appellant waived physical examination by reason of health, and after insured's weath, the company learned of physical disability of the Insured and declined payment. Neither paragraph of answer of the insurance company to complaint of beneficiary, alleged that company elected to rescind, and there was no Allegation or evidence that company paid Into court the amount of tender refused. The answer of appellant sought no affirmative relief and they are Insufficient as cross actions, and merely seek to defeat plaintiff a cause of action. If the company was reoulred to keep tender good, appellee did not walv burden of proof by failure to demur to answer.

If the company had In fact paid the amount of premium into court but not alleged such deposit, a different question would be presented. The answer which merely charged fraud does not state cause of defense, since the defendant must plead proper rectsslon to do that. There was no cross-Issue presented by way of counter clslm upon which the Jury or the court was required to return a verdict or make a finding, and the only verdict the Inry could return was a general verdict. If the company had kept Ita tender good by paying It into court, and the Jury had found for Prudential, the Judgment on the verdict would have vested the beneficial title to returned premiums In appellee, without more. There were no special circumstances to warrant equity taking Jurisdiction ind the Prudential was not threatened with loss of Its defense at law or right to cancel as wss the case In Fish vs.

Prudential, and since there was no speclsl circumstances the fas of National Life and Accident, etc. vs. Ransbottom. 217 Ind. 453, th holding there that the company was entitled to a decree of cancellation was error.

Thenight to rescind for breach of warranty in a policy of Insuranr. reonlre an election and A lender back, and assuming without deciding that the statements in the application were fraudulent and had effect of warranties, after the tender bark had been refused. It should have been paid Into 120 BASS 5 189" ACCORDION NEW. INDIANA MUSIC CO. 113 E.

OHIO IM. 4486 All Insurance Not Alike Ltarn Ittt DiHertnct Call or Writs A AtTfA A MB a s.rnt ui Illinois BUg. PL. 4584 UHQEST SELECTION of Linoleum in Indians RUGS from $2.39 Look far tht Store with the Blf Red Front -A- HOOSIER PAINT LINOLEUM CO. Ill E.

Washington PL. S31S Just one brushing NEW! RICHARD HUDNUT ON I hpm for the same reasons required by ir.su-er wr.en .1 e.c is to -r Tie in me rae to 1,1 as in couhM is overruled. apph-Uti: roi UrtQa-Tne Prulential tmuraire -if AlBTii'l vi CO Appellee petition granted sort Irini-ffrreu to Suprrme Court. HA-Inuianjpclis Railway lor, vt Inn Mnrgsn CC Apptler br.ef and rwelpt lor opm. ism-Shea vs.

I R'ai Estate and investment Company al Cit'n CC Appellant petition to transler det.ied lA335-Llnton Summit Coal Company Inc. vs. Hutchison, et. al Gteene Appellant petition for time Ism1 tu ai 0ct' 15U7-Baltlraore and Ohio Railroad Company va. Daughrrty Dearborn CC Appriunta pelitkn for time to file reply brief granted to and Including Pec 31 15J njeA-Walker.

doing business as vislaer Exrhange. vs. Sofcnl Madison CC Appellant petition to transfer denied 15201-Beyer. et al va Sever. Kosciusko Appellees petition to transfer derled.

et. al. va Haley, et al. Montgomery Four lulgea falling to r.mcur cause transferred to Superior Court No. 2A9A4.

mvoBt ttriTft ClRmT COURT Pearl Waggoner vs. Bennett Waggoner. SUPERIOR COURT -Room 1-tois t. Speaks va Ceorge I Speaks Beulah M. Appleget vs.

Harry Appleget. Cora L. Copeland va. Wtnie D. Cope-land.

-Room 3- Hllda B. Bailey va. Herman P. Bailey. Barbara Barlow va.

Harold L. Barlow Mary E. White vs. Frank E. White.

-Room 3-Kadie R. Storrs vs. Loyner Storn. Shirley A. Townsend vs.

Lew A. Townsend. -Room 4- Everett t. Dukes vs. Betty Dukes.

Maggie Trantham vs. William I. Trantham. Evelyn M. Perdue va.

Lloyd Perdut. -Room 5- Mansfleld Cnle vs. Hortense Cole. Elizabeth. Jenktruon vs.

Thurlow Jenklnson. Helen B. Whitehead va. Eddla T. Whitehead.

Lucy J. Blunt va Albert t. Blunt. Raymond A. Gremort va.

Samantha Gremore. Vital Statistics BIRTHS Caiman Hoapltds Boya-Waldo and Pearl Driver. John and ArtrlcIA Klncy, Howard and Cllda Lord, John and Jean Splcklemlre and Junior and Dorothy Urshel. Glrls-Wllllam and Eugenia Brooks. William and Marilyn Federle.

Cecil and Lola Nixon and Raymond And Patricia O'Connell. General Hmaltal Boys-Rufus Jr. and Betty Collins, Lowrll and Grace Jones, James and Sarah Horn and Otis And Elolse Keller. Girls-Robert and Jeanne Mayer tnd Joseph and Nellie Myers. Methodist Ha.plUI Boys-Donald and Vera Overholscr.

Bernard and Lillian Cooper, Troy and Betty Brandenburg, Major and Alice Wallace. Charles and Mary French, DeWayne and Mary Wallace, Donald and Norma Cook, Dale and Carolyn Morgan, Richard and Helen Ulrey, Edward and Mildred Ott. Donald and Barbara Woodruff, Dorsey and Orpha Llttrrll And Otile and Jean Tompkins. Cltls-Ivan and Eva Crlder. Lee and Mary Beckham, Roger and Kathleen Hardin.

Claude and Maxine Cummlngs, Richard and Mary Burleson, C.uy and Catherine Tripp. Paul and Flora Puckett, William and Marilyn Hubbard and Jamea and Mona Groff. St. Francis Hospital Boys-Noah and Nina Ellis And Clifford and Wllma Bauer. Girls-Robert and Prlacllla Smith.

Jamca and Viola Robinson, Robert ard Beverly Miller, Walter and Deaile Collins, John and Andree Mrlntyra and Raymond and Ida Bottema. 81. Vincent's Hospital Hoys-Charles and Mary Conder and William and Margaret Stein. Girls-Robert and Vera Tlmpe, Forest and Pansy Piatt And Joseph And Kathleen Hostetter. MARRIAGE LICENSES William C.

Ingalls, 3535 East 3th: Suzanne Denny, 323S North New Jersey. William Harris 2303 F.sit Nrw York: Carolyn Kaye. 2234 station. Kenneth W. Becker.

2241 College: Phyllis Halcomb, 239 College. No. 15. Charles Lawson, 807 Lord; Zona F.s-slck, 1339 Calhoun. Frank E.

P'Ultt. 685 East St. Clair: Mary K. Cambron. 3449 Kansas.

Bernard T. Mundl. 1901 South Talbot: Maty Doxzon, 1905 South Talbot Hersrhel Jones, 2401 Paris; Marlon Thomas. 2345 Baltimore. Hsrold W.

Powell. 2235 Broadway: Bonnie Penman. 2235 Rroariwav. Garnet Flnley, Danville; Gladys Swope, Lexington, Ky. Bl RIAL PERMITS Albert William Kennedy.

(IS, Methodist, coronary thrombosis. Elisabeth Bell Freeman. 78. 4644 Brouse. rardln-vascular renal.

Due Mitchell. 51. 2758 Roosevelt, coronary occlusion. Kellle D. Myers, 48, General, portal clrrhoals.

Patricia Ann Truschel, 27, Long, carcinoma. Mother Of Three Crushed To Death Mt. Vernon, Ind. (Spl.) A 39-year-old mother of three small children was crushed to dath yesterday when a farm tractor she was driving overturned on a ditch incline. Mrs.

Frank Dick was driving the tractor from a field where she had been helping her husband sow wheat. A 4-year-old daughter, Helen, who was riding on the tractor with her mother, was thrown clear and escaped injury. Inhalator Fails To Save Fireman Whitig, Ind. F. Grogan, Whiting fireman, answered an emergency call Tuesday and used an inhalator to revive Joseph C.

Abell, 72 year, old, Griffith, who collapsed of a heart attack on a Whiting street. A few hours later Grogan, 44, returned to his station after fighting a fire and collapsed. He died when the inhalator failed to revive him. destroys up to 70 CONTAINS NEW CLEANER i. BOX LIMIT 2 0 (I ALII Nil FOIL 21 .15 DISH CLOTH A Cosmetic Hair Lightener Not a Dye or Rinse.

It's Simpler Than Setting Your Hair WITH COUPON CAN LIMIT MESH TYPE REG. .15 1.99 ON HAAG'S PLAN fo) CUTTER iTQ if OO OnHaag's J77 Plan 3.99 EMS VOW KFAM Rtf ulHy 41 IlLll O.I Hill h.awly kuy l.atayi NEXT TIME TRY MARVELS! Frtih WLV Cflortfft of Quality 1.7S CARTON OF 10 Old Gold AC Carton of 10 EVERYBODY NEEDS BOUNCE! for relief of achinq feet. Can be applied right thru stock from handy spray bottle. Greasele No Rubbing. No massage Dries In a Second.

1.00 NUTRI-TONIC t.ttie patented OIL Creme PERMANENT; ITTTT57 iTTTTT imwii) i 8 IVAIaVi cud Hair or Enriched Creme 150 150 SHAVING BARGAIN 100 IPANA OFFER! GET .25 Just for Trying New Ipana Tooth Paste Ask Haag's for Details HERE'S A SHARP YALUE! STEAK KNIVES SAVE 2.96 WORLD'S BIGGEST GILLETTE SUPER-SPEED RAZOR ON A SET OF SIX FOR .99 2.98 .35 .23 .19 .13 in mi Selected Brazilian Rosewood Handles. Stainless Steel Blades. Reg. 4.95 AND IMPROVED 10-BLADE DISPENSER WITH USED-BLADE COMPARTMENT. IN PERMANENT STYRENE CASE.

1.75 YALUE WHEN SOLD IN- 1.50 CAR WASHER VIBRATOR DOESKIN 150 PINKING SHEARS 1.69 DINNER NAPKINS .33 SCREW DRIVER 5" .15 .39 MINERAL OIL .50 DRY CLEANER .20 CASTOR OIL SHAMPOO Reg. .59 Eo. 2 for .59 .25 NAIL CLIPPER .21 .89 SHAMPOO IIcr7mtRiiit.59 DIVIDUALLY. ALL FOR ONLY INTRODUCTORY URGE clanitfhondi I brtoth I I rtduot dMu I HANDVTN ELEC. POPPER of decay-and-odor-causing bacteria! $3.98 Value Plus 10-Ox.

T.N.T. Pop Corn ill CONDIMENT SET Reg. $1.00 3 Pes. si BILLFOLD LADY'S PURSE Change Purse Combination (MMwm AND FIGHTER SI7E eSXf CIGARS Reg. $1.25 Vacuum Packed rniA7nFin drug stores PACKAGE.