HI); JiKK: U.MAHA. TUKNDAY, JANUARY
1 !)'.
GRAIN AND PRODUCE MARKET
Both Sides of Wheat Trade Clote
Year with Bears on Top.
.CORN TRADERS ARE PLEASED
,Tbff I. Ike 1 ncertoln Position of De
rrakrr Option to Br Closed
Reported Much Loom Corn
Could ot Be Filled.
OMAHA. Dec. SO. 1911.
Koth sides In tl. hnt trsrte closed
tli year with sriiiime.its to fortify their
pcritlnn, the beam having the best ot (ho
rgumnit. sighting a very largo export
able surplus from Argentine, which will
..nii be moving, and the big domestic,
visible supply, which hss no attenuate U'.
iniind to move It. Hull are pointing to
1li pt long northwef-t situutiun ami the
jlrm cash conditions, with strong belief
t"i- better demand after the Irm t.r mc
e r.
Conservative corn tiadets are p!e-rd
lo nave t lie very uncertain position m the
J 'refill her option cloned today. I he film
very t ron k turn In that month t"oy
showed inticii li.ng corn that could ni t hi
tiled, liom now on the situation Kill
1 governed by the weather unit clear,
i old condition win mean a laiuu run io
nnrket.
wheat was dull ami little: trading w
Indulged in. Futures sastKtl. but me
.?h vbiiim huid linn to 4: MtH'T.
i lie fuo'ts In December turn Were
forced lu inn values skyward, while the,
oelerred future held iraa. (sun cm
ms suotig, selling '.4" -' higher.
Primary wheal receipts vere 4!VX
bushels and shipment were JUS.wO bush
ei, aaint receipt lai-t ear of lVJO
lMi.he.it and Rlnpnx nta of itu.tOJ hushoia.
Primary corn receipt were iiW.ow busn
els and ahifiifieiita weri it.'M busncis,
aneinxt receipt last year ot ;4ii.0W buah
eis and shipments of 6a,(M) bushel.
Clearances neie 21,0W bushel of corn;
9.10 bushels of oata, and wheat and Dour
eiiusl to 441,o buiuels.
Liverpool cloned utichantfeil to 'td
lower on wheat and unchanged on coin.
The lullo:ng cm mi union went reported:
"Wheat, No. 4 hard, 3 car. ll.W't; 5 cart,
No. t hard, 8 can. f I. ,. tern. No.
fi white, l car, Ui'-c; No. 4 white, 1 car,
l-""; No. 2 yellow, 2 cars, bJW. No. 4 yel
low, J car, fisc; No. 3 mixed, t cars,
I'sKtc; 1 car. Sic; No. 4 mixed, 4 cars, Mc:
1 car, Ui'w, 2 cara. 67Mic: no grade, 1
car. Htc. oata. No. 2 white, 48c; No. 4
white, 1 car, 4o!c. .
4tak t'aalt rrrees.
WHEAT No. 2 hard, 9V',icf,tl.n3'4; No.
3 hard, 'cj41.02; No. 4 hard, IHyimc.
I'OKN-.Nu. 3 white, o'fuc; No. 4
white. 67-4j1c; No. 4 yellow, 6!K!(4iSi0 ;
N. 4 yelliiH, tnrgtoc; No. i, fcS'tju'Jc;
No. 4. 6i3.c; no grade, fi5lwlc.
oAtjv-.o. 2 white, 4it,U'Mi'i tand-
ra, 4t(4ti'; No. while, .emi-Wc; No.
4 white, 4o''g'46c; No. it yeuow, ijwf
l.r,c; No. 4 yellow, 4fc'u4,.Vt0.
UAHKKY dialling, fl.lixjl.25; Ko. 1
feed, ;VtiH&c.
HtK-No. 2. 94Q904c; No. 3, fcSHitfSSVic.
carlut Itecclpta,
4 Wheat. Corn. Oats.
Chicago
Minneapolis
timaha,
JJuiutU
16
U
1.1
ti
ll-i
'i'l
CIIICAOU UHAIM AND FROVlSXOXt
Kratarea ( 4h Tradlnaj and Closla
I'rlera on Iloard f 'Irada.
CHICAGO, leo. 30 big changes lit
tuire loony, out of ail proportion to the
amati amount of busineaa involved,
marked me end of the December u
I. very ot wneai and corn, itiu windup ot
trades in mat option resulted In sand
ing me nmi namsd cereai uown fur wnst
ienilnea ot that month aim Hoisting ins
other grain up, Ins exit erne u...ernces
Irorn auit iilgiu Doing, respvcilvsiy, a u
cnue ei so and a lis ot ato. cilnerwlss
fluctuations wars of a mouent sort, tut
the list, taken as a whole, ilia tininh isit
wneai o up to iro oil, ooru up a ahaus
to c, oata Ha lower to wo higher and
hug pioduoia siantmg from unaueisd tig
urua to a gain ot sc.
May w neat, in which tho bulk ot trans.
actions look piaoa, tua not respond to ins
eccentricities of the i-eecoinlior option auu,
in laet, nau an upward tenuenu, uue tu
tne stiengtlt of caan wnvat in tua north
vest ana to unsettled weather lu tns
.Argentine, iha tirst door ease In atocuS
at Muinaapolls was reported touay and
mere was a belief liai a batter iiiliiiug
uriuand lor tne Chauago supply wuuiu
aiauuaily develop tutor January L Mio
o.er ma winter wheat bait In ilia Uuueu
riate was couniaii as beuelicial and
tended to ease tns market somewhat.
' ranged irom wiuwiHc, ciOjiiiJ
steady, vo net higner at wo even,
t oui ruied stronger on account of wet
w tamer and o( toveW.ig oy bo. a led !
tember snorts. ilie luai sgueeaa lor
tiaueis .uu v. -ere loriwd to settia deals
in ma current delivery, forced the price
up to the lushest mad oi the svasuii,
k7c, as against WVtO jast lugiit. alay
imciuaied iroin eSSulisc. closing Steauy,
a shaua net h.gtrer ai ftailKU. elpot u
maud was slow. No. a yvuow was guoisd
at wii iuo lor car lots. i ,
nmall arrivals af oats kept that cereal
steauy. tapper and lower levels touoned
by aiay were 4tu and 470, wlin last
a.ea at 4iraiU'4iHo enacuy me sains as
last iilgliU ,
Mooiuiesa of offerings had a greater
efivei on provisions than did the lipatiu
liotf receipts, in the end pork was uu
eiwnM to 6o up, with other products
aiso lirm, hut snotvting a irilie less au
Adieu. .
iha leading futures rangod as follown;
s Artie l opxn. 1 rtiqn. 1 Uiw. 1 v.iuse.Yes y.
Vbeat I
Dac..iM4ft-Hi
JUiy.i444-Sl
torn I I
Dac..44-&
Mey.iM'u-ii
rfuiy.iMwtfisi
Data I I
82Vi' 93 f
99 I
9494WI
4l !
tavtSSwHi
tNfio-m'i
484,' 46W
H4l
W-l
4J,
"HI
47V
944j
4
4'4
6
Dec..W47,
My.4i-4l'i!
4iV47SHi47iti
sJ'Jsi ssvs
JUiy..i
l'oik 111
I
jn..llS40 1 16 li 1 IS 40 il$ 4vi 1
I I I la '1 U ii
Way, 1 15 90 It 06 1 15 90 ,1b w 1
I 1 I 14 mi 15
July. 1 It 0w 1 1 li (ICOi t is lu lto
Lard I 1 I 1 I
Jan.. 1 9 10 I 9 20 1 9 10 1 9 15 1 1J
Mji .,J ii.-lVi 9 42S 9 . ,9 37s40 9
j my. 1 Hmi 9 Utti S4Vsi W t
hlb 111
Jan..! S ?7Va, 8 35 I 8 27Vi 8 32, 8 30
Alay.iS b6-7,4 uS-,ti 6&-7M, so tl'it
July. 1 a mi s tUHi s si 1 iu
Cash cjuolallous wera as follows:
r'LAJUiv yuiet; wlnler iwtents, t:l.7.'&
4 W; winter straights, t3At4.iw; soring
pateuls, fc.7a.su, spring straights, Kw
Hi-t.uu, baavrs, Jsu 'io, s.rtnk patsnis,
lield at to.uu for His best liajd.
KYt; No. 2. 92.
HAKLti-i'MU or mixing, Sic4)1.00,
fair v ciiolce inaltliig, l.lil.Xk
8EKD6 Tunutoy, J2.tA'itf.vAi, clover,
IU.uu-a "0.
h,liuVI.10N"-Mesa pork, per bbl.,
eld, i6.uu; pew, lli.ao; lard, per 110 lbs..
I. iD: snort ribs. sids llooaei, 87 87".
'total cltarsiK of wheat and flour
vera aquai to i.w ou. t'rimary re
leints waie 4S0.UW bu.. couiuarea won
Immaiu bu. the corresponding oay a year
a;o.
istlinated receipts for Monday: Wheat,
li cart; corn, 243 cars; oats, Mi cars; hog,
iu.lU hexed.
Chicago Cash Prices No. 3 red. 8.".fli:f
No. 1 led. 9(i'.H'; No. 2 hard. Wcust in-
No. 3 hard, lt.-uit.se; No. 1 northern, el.tswS
I.141; No. i northern. tlwi'W; No.
lioi thern, iTciol 04: No. 3 spring, !k-4i
Si.".'; is o. 1 spring, iHcitfsi.w; iso. 4 spring
avTJie; velvt chaff, sue(f l.ts); durum
Willi': corn: rtt. a, uijjdic; No. 8
wnite, aij'i.c; ro. i euow, Slc; old
uc; No. 4. eT'rai&&(V: No. 4 while, 6t)Wt
No. 4 yellow, 5)itj-:iav-. tais: nX
I white. 4ltfj4c: No. 2. 4-; No. 2 white'
4TH4-ti,e: No. 4 wkilte. 4lfj'4iVtc; atsndard
4i'. Rye: No. 2. 9-'c. iiarley: 7-!t ajl.jsj
Clover: )3.5ou alW. Timothy: 812 0wi lAuu
MUTTF.lt eiteady; creameries. 2&c;
isir.es. 2j31c.
KciUf1 steady: receipts 1,701 "ae; at
mark, cases Included. tu r.'Tc, fliels, z j
i"-; otdinary firsts, iio -'.-.
CI ltliSK Steady; daisies, 16H16,c;
twins, lool'c; young Americas, Itvfs
Ij'.c. long horns, lo'vii ltVc.
I'oTATOE.- eitrong; receipts, es rars'
V'tsounttln, svtjvic, Mlchtgaa and ltun
aota. kiiiw'tc.
1'ull.TKY Steady, turkeya. alive. 14c;
diensed, lkVc; chickens, alive, 12So;
tiressvd, Uc; siring s. alive, 11c; dressed
!.
VEAI-Steady, 7t11c
Carlot Iteeetpts: WheaL li cara. with 1
f eontraet glade. Com, li; cars, with 2
CjI fonuaci grau. .iis, is cars. Total
receipts of wheat at Chicago, allun.
epulis and Duluth today were 2t cars,
compared with 219 cars the corresponding
Cay u year aj.
Kc-y to the B!tuallon-Ues Advertlsinf.
kw vnnK i.frrai. mahkf.t
Qaotatloaa nf the Day Varloas
( entMAdlt lee.
NEW YORK. nee. art -FIiOfn-Ptea1y;
onrlng patent, foDo.lO: winter stralfthta.
4.10u4 .'.V; winter patent, l4..V1i4.70;
aprlng clear. 14. 1"6 4 3&. winter extra,
No. I. t-t.7fj a (); w inter extra. No. 2,
tX.KHX.dn; KaiiK straights. 14 6"t4 70. He.
celpt. HMKj hhls. ; shipment 11. Ml hhl.
Ilye Hour, quirt; fnlr to good, M.7ofi4 ;
rlml'-e to fsncy, 4.(VK.15. liuckwheat
flour. fiilet, 1.75 per 100 lha.
fur.N.MKAI-Steailv; fine whits and
yeli.w li.tmeii.C5j coarse, l.StVl.); kim
drir d, f" i.'.ift.l 7R.
r.VK-lnill; No. 2, 7e, nominal, c. I. f.,
Hiirfulo.
I!Altl.::Y-Stady; malting. $1.1J1.,
C. I f.. Huffnlo.
WII K AT Ppot market. Irretrulsr; No. i
red, sT'c, elcvslor, exhort hnal. and
5;c. f. f.. h., aflortt; N'o I northern
I Hi I nt h, M.lS'a f. a. h., afloat. I'titure
market was !eadv with little pressure
to oll owing to light receipts and on
coverlnif for over the holiday and In
)mpathy with oiitalde market, doting
V n-l hlHher. March, 1 02VM.01 S-IH,
clned nt Jl.iM'i. liccelpts, 3.&J0 tin.; ship
ment nil.
ColtN hpot "ms' ket eav; export, new,
ft','-, f. o. I'., nfloat, I'titure msrket wa
noiulnul. He elpt, l'M.501) hu. ; shipments,
Ui.ikl hu.
AT?-Spot innrket firm: standard
while, 6?.e, In elevator; .No. i.1, o!i'-io. No.
:i and 4. M-; natuial white and white
clipped, M'-1r"i4' on trflfk. Futures msr
ket K nominal, ttecelpt lliX bu.j
ahlptix nl, i.ti hu.
l'KK.l Ouleti western anting bran. 1'ifl-
pound siK-ii. :t.Mii2i .uo; standard
mlddllnp, pxi-poiind aaclts, $4 30'3.ti.ri0; city,
10o-pound sks. $.-7.j0.
Ji A V rteadvi prime. II. w. nominal: No.
1. Il.al.ao; No. 2, ILIO-BUS; No. 3, K5c
llli'i.
Ilors Dull: state, common to choice,
rll. 4Kiwic; inio. nomlnul; 1'uclflO coast,
i:ll. 4.'Jc; M) nominal.
IIIDKH tjuletj' Central America, Z2c;
Bogota. !2'j,iS'ic.
1. 1 ATI IK It Bteady. hetnlocK first. 2uV
.7c; seeonda, 2falMc; Uilrds, nunc; re
jects, lie.
ritoviSIONS-rork. steady; mes,
$17.ncl7.&0; family, $I9.0iv-J)."; short
clesr, l7.Dfi 1I.60. Beef, steady; mess,
IW.itViTU.&i); family, $14 tVKrflft On; beef hams,
liHircyaiKi. cut meat, stewdy; pickled
bellies. VI to 14 pound, x.ifi; plekled
hams in.4ivl1.:iu. Lnrd, unsettled; middle
west ' prime, f9.2Mi9.aft; refined, Steaily;
continent, tu.KO; I'anama, 10.6; compound,
ii.i2'4flll7l,.
taiiiOWijuii; prime city hhds. g'Ac:
special, otic; country, t'lKiic.
It L'TTKH Firmer , Rieamery extras.
3toi'iSic: first, 4fc3.ic; factory, 222Z'o.
CHKKSK-nrm; state, wnnie milk tall
and early specials, IttV-i'tflS'.xc; skim, 4
U14c.
IXiUH r'niettieo; irean garnered, js
34c; extra first, H2c; first, jsiaillc; sec
ond, .'W."'c; refrigerator seconds, 2.'a.!Jc;
western gatneren winiee, tiptoe.
1'orl.THY Alive, firm: western chick
en", Ht4iUo; fowls, 1:1 4c; turkeys, 17
JjlHc; dressed, tilet; western chickens, 9
tjlG'tc; fowls, jltlc; turksys, 12'WMc.
Minneapolis drain Market..
MlNNKAPOl.18, Pec. 30. WHEAT
December, 1. -.!; May. 1.08; July,
1.M74; cash, No. 1 liaict, l.ii-; No. 1
northern, li. own; No. i northern, 8l.tH"i;
No. 4, n.wa 1 !.
FLAX-2.IU'4j.
HAKLKlf 7iK."jll.l2.
COHN No. yellow, DOtUOOc.
OA'i'H-No. 3 white, 4i'aiiv:.,
HYK No. 2, 87MiNlc.
It K A N I23.UJI", IU. ml.
KIDUR Kirsi patents. 5.00!?6.1s1 ; sec
ond patents, 4.iU'cV 1; first clears,
tS.8fi; second clears, li.4oyi.OT.
Kansas f'ltr Grain and Prorlslona.
KANSAS CITY, Dec. 30. WHEAT Un
changed; No. 2 hard, ll OnraHft; No. 3, 9cU
l.o4; No. 3 red, kiiotstc; No. i, Mftic; May.
tuvt July, c.
CORN Unchanged; No. 3 mixed, Mt
tic; No. 8, Wo; No. 1 white, fkgtl7o; No. I
11c; December, 4S4j!t4Vo; July, S4-40.
4jA'4 Unchanged ; No. 2 white, 483
tc; No. 2 mixed, 47Gc47Vc.
llKE at,94c
Receipts. Bhlpmenu.
Wheat, bu.. 18,000 m.uno
Corn, bu . ShOO 2 J.0s
Oats, bu 10.WW 8.0UU
Philadelphia Proa ace Market.
PHILADELPHIA. Deo. 30. BUTTER
Steady; western creamery special, 40c,
KilllH Meady ; I'ennaylvanla and other
nearby nrais, tree cases, iv.uu per caaa;
current reoeipts, rree cases, 40 per
rase: western first, free cases. 89.00 per
case; current receipts, free cases, 140
per caee. .1
CHtKHBFlrm; New York full creams
fancy, ierwc; lair to good. KuicVaC
OMAHA GfrJNRllAL ilARKET,
BUTTER No. 1. l-lt. carton. Mc: No.
1, in oo-lb. tubs, 37,0. No. 2, 34c; packing-,
20c.
CIIEEBII-Imported Bwlss. I2o: Amerl.
csn ttwlss, 9c; block Hwlss. 19c: twins.
19c; daisies, 19c: triplets, 19c; young Amer
icas, aio Dine isoei prick. &e; liuiberger.
riu.i in, . , u, , aw.
elk !.. 1 u..
rOULTlt 1 fi rollers. 84.0fB.ao per doa:
springs, 12Vso; hens, 124c; cocks, 9o; ducks,
lsc; geese, 16c: turkeys, 32c; pigeons, per
dos., 41.90. Alive, boilers. 12Sc; hens, 9o;
old roosters and stags, 5c; old ducks, full
isamereu, lie; geese, lull Isatuered
lot-: turkeys. lc: auliiea fowls. 2ea each.
pigeons, per dog., 0c; homers, per dos.,
i.Du, auuaos, no. 1, l.w; no. I, ovo.
r lail tr rean iroseni ITukere . 7c:
whli). 10c; pike, tc; trout. 11c: large cam
ples, 1315c; Spanish mackerel, lro; eel,
lsc; haddocks, lac; flounders, 13c; green
catiian, ice, roe snan, fi.w eacn; snaa roe.
per pair, tcj ssunon, 14c; halibut. lu;
yellow perch, sc; buffalo, c; bullhead, llo.
r ir resn irosen; s'lcaerei, ?o;
white, 10c: pike. 8c; trout, llo; Urge crap,
pies, lulic; bpanish maokered. lsc; eel,
Ik; hoddoks. 13c; flounders. 13c: creau
catfish, IK; roe shad, 81.11 each; shad roe,
per ir. Sue; salmon, 14c; halibut, lew;
yellow iwrcu. So: bulfalo. soi builuaud. i
occ.f nine-fin, 1 rioa, iao per lb.;
No. 3 ribs. 13c par lb.; No. I ribs, 9o par
lb.; No. 1 lulus, lyytcj par lb.; No. 8 loins,
lfa par lb.; No. loins, llMo per lb.;
No. 1 chucks, sc per lb.; No. 1 cauoks,
iWo per lb.. No. 2 chucks, to per lb.;
rtiu. a iviinuf, uu per 10.. no, a rounds.
9fto ter lb.; No. 8 rounds. ko per lb.
HUl t s, mu-Apples: Cookiiui va
rieties. Per bbl.. ti.is; Jonatcan and
Urltuea liclden, er bbl., ft. bU: Men Davis,
per bbl., 82.i5; California bslltlower, per
oox, ium), voiorsoo jonainan, extra
lanuy, ier oox, ..oo; vvasnington Hpltsen
berg, per box, 12.50; Washington K.
Meauty, per box. 8150; Washington
Mams 11 Wlnesaps. per box. ti r
lianatus. l'anty select, per bunch, a.ttt
1U w, juiiioo, per ouncn, 2.7bQ3.74.
1 rannerries; iwuiniu, lancy, per bbl.,
19.50: IkT box, 83.2ft; extra large Jumbo.
Ier bid., I10.W. Dates: Anchor brand,
new, 3u 1-lb. pkgs. in boxes, par box.
ei.so; uiumrutiy uranu, new, do 1-lh,
pkgs. Ill boxes, per box, J.U0, hulk In 25
and bo-lb. noxes, r 10., 10c. F'ls
I'sliforiiia. Per case ot 12 U-os. nL..
Sic; lei- cssu of 3b l.'-cs. pkgs., 82.5o; par
cose or uv -os, in . j w, rew l urkisn
5-el uu 111 20-ib. ooxss. er lb.. Iuo:
t-crown tu lb- boxes, i-er lb., lo;
c-crowu 111 -iu. vvm. .a, 1 tr 10., i(c
tirape r ruit: r ion js, es-4 sixes, per
ciaic, to.UV; 90-54-M sixes, er crate, Vt.'tit.
Urapis; Malaga imh in bbls., tyood
ti.vo. Demon . iimonoira tsrand, extra
lancy, J sisa, per oox, so uo; aoo slxe,
ir box, lAiins i.iniuneira, fancy
jOO-360 sixes, per box, 44 , 240 and 4.M
Ues, oou per oox lens, tirsnges. I ail
(o.nia Navels. W-l'.tl sixes, per box, 4J.U0,
lao-aw-ilv.'W sixes, par box, 43.00.
VKUtTAULKS t abl.sse: Wisconsin,
per lb.. 2c. Cclsry: Michigan, per Uos.,
40c: Callturnia jumuo, ier uos.. sue cu
cumbers: llol house, per dos., fi.v. Kgg
plant: r ancy r toriua, per am., 2.uo. tier-
lie k-xl'a fancy, wtilt, per lb., loo. Let
iocs: lxtra fancy, lest, iter dos.. uc.
Oinona: California, while, per lb., Su; Wis
consin, yellow and red, in sacks, per lb.,
zstc: bpanUh. per crate, tl.su. 1-arslex:
t- aucy soul hern. ar dos., bunches, fcuo
7ic. I'otaloes: slinnesota ACarly Ohio, par
bu., Il li, Wisconsin while slock, per bu.,
11.10; In 10-ack lota, 6v less. Snevl po
tatoes: ' Kansas, par bbl., 4iuu, per bu.
bsk.. Il l"- ltuiabagss: la sacks, per lb.,
lo. Tomatoes; t-al'-fornia, per crate.
tl.av.
MISCELLANEOUS Almonds: Terra
aona. uer lb.. l4c; In sack lots. 5c lass.
Uraxll nuts: Per lb., lVo; In sack aula, in
less. Coooanuta: Par sack, u tu. Kllberis
Per lb., 14c; la sack lots, lo less. Pea
nuts: Hoasted, per lb., ic; raw, per lb.
7Sc. Pecans: I-arge. ier lb., 17c; in sack
lots, la less. Wsinuts; New crop, IslL
California, per lb., lie; In sack lots, lo
tests. Cider: New Nehawka. per 15-aaL
bbl., 4-1.00; per Jo-gal. bbl., i-W: Nw
York Molts, par 15-gal. bbl., 14. iO, per
Sn-KOl. bbl.. su 1M Jioiiey; insw, i Iiauisa,
U 75. Kraut: Per le-geL keg. U.w: per i
gal. keW, 11.10. Msevuiu, per H-bbl., tj M.
OMAHA LIYE STOCK MARKET
Killing; Cattle Are Strong: to Ten
Cents Higher.
HOGS 5 TO 10 CENTS HIGHER
Faf I.arsbs Active aad Tea Teats
Higher, While Fat Shees) Are
Active and Trices at
Least Flrsa.
Oi;TH OMAHA, Jan. 1. 1912.
Receipts were: Csttle. Hon Sheep
Kstlmste Monday .... 2.2iO 2.H"0 2.9irt
rama day last week..
Same diiy 2 weeks sko 4.3sii
Hnw day 3 weeks ago S.I7H
fame day 4 weeks bko 4.9.-1
Same clay lait year.. l.ST7
I.SW
B. 178
6.7:)
419
l,8Ji
6.4.C,
11.14-;
9.4
2.1'lfi
The. following table shows the average
price paid for hoga nt South Omaha for
the laet few dav. with oo-npartsons:
L'Ste. I 1.111. Itlt. 1 19. '!H.iU(7.IO'jn.l!fa&.
! St Mi.ki 7 Ml It Itti 6 1W 4 441 -
H - 4 l
it 13
I e
i C f 1 6 OS
i li lu 6 (10
ltr. 24
Dec.
I 7 fil I 11 b 47 4 361 t 13
I
I ec. 21.
IBM 7 7::
I -sc. 27.
6 9;i 7 71l 8 l?n
Dee. 2S.
Dec. 2.
I ec. 30.
Dec. .11.
Date.
.Inn. I..
7 70!
8 20
.- U 4 44; 6 ltil 4 1'2
7 S.x
7 7
8 n
5 Ul I 221 6 0
ft 4 4 ,r0 I C 0
6 SOI 4 m 241
8 2!!
7 71
8 21
1912.
1 11 1 . 1 1 ! 1 0 . 1 1 !W . 1 1 Wis . ! 1 907 . 1 1 m .
I 8 24 1 4 6 24 C, 14
Sunday. Christmss.
Receipts and dlspoaltlon of live stock
St the Union Stock Yards, South Omaha,
for the twenty-four hours ending at 3
o clock yesterdsv:
IlKCEIPTH-CAnS.
Cattle Hogs Hhep Horses
., m. r nt. 1 ..... . s
Wabash H. R 2
Mo. Fee. Ry 7
C. N. W. eoet... 7
'. N. XV , wet.. 12
0., Ht. P., M. O... 3
C. H. A Q , east.... 16
('. M. 4fc VI.. west .. in
C. R. I. ft P., eaat.. 16
It. I. P., west ..
Illinois Central .... 1
C. O. W 2
Total receipt
92
28
17
13
DISPOSITION HEAD.
Cattle. Hogs. Bheep.
Omsha Packing Co 4fi3 27 521
Hwlft A Co 4(4 428 4.'.4
Cudahy Packing Co 274 1,528
Armour & Co 280 fiHtl 1.277
J. W. Murphy ...
Morrell 17 649
W. B. Vansant Co 8
Henton Vansant As Lush. 2
Hill A Bon 295
F. B. Tewls 3
3. B. Boot & Co 29S
J. H. Bulla 61
Ia K. Hues 29
McCreary Carey
1. r . Hamilton l
e nothschlld 1
Mo. & Kan. Calf. Co. .... M
Cllne A Christy 24
inner uuyers 218 89 I ...
Total .....2,534 1,930 " 3,869
CATTLt) Receipts of cattle wera ex
tremely light this morning only eighty-
nine cars oeing reported In. Still there
wea a very fair run for New Year's day,
being considerably larger than a year
ago.
It was very evident that packers
wanted a few killing cattle and they
were out In the yards early this morning.
Anything carrying flesh met with very
ready sale and the yards were cleared
by 10 o'clock in the morning or soon af
ter. The prices Paid were at rone- to 10
cents higher than last week's close. This
would apply to beef steers, cows and
heifers equally well.
in the feeder division the situation was
Just the opposite. The severe cold wea
ther has limited the demand for feeders
and stock cattle with the result that there
were very rew country buyers In this
morning. On the other hand speculators
were apparently afraid of the near future
of the market and they were holding
back and not trying to do very much.
Cattle having any kill sold to the packers
at goou prices out tne medium to com
mon kinds of feeders and stock cattle
were nara to move and Drloea were
shsrply lower.
Uood to choice beef steers. tA.7M?RMl-
falr to good beef steers, tH.OtKcf'tWS:. coin
Dion to fair beef steers, t4.7&4i5.75; good
to choice heifers. 34.75fie.00: aood to
etlolee cows, t4 2f(6.26; fair to good row.
x.i,tK4.a: common to fair cowa. I2.7r
A 10; good to choice storkera and feeders.
t-.40ti4I.OO; fair to good stackers and feed
era, 4.Mil.40; common to fair Blockers
and feeders, 83.504P4 96; stock heifers, 83.50
rj4.ou; vesi rsives, M.&KJj ,.d0; bulls, stags,
etc.. 3 265.26.
No. Av. Pr. No. Av Pr.
4 M in t 4 on
14 411 I Oft 1 7li0 4 16
IT 711 1(4 it ...mo 4 St
1 in I 40 It 1104 ( ti
Ml I 40 14 l'Ul I 6
10 HV.4 4 7( f II I K
14 470 I U 14 1171 I t
tl 1041 t M II 1)64 T SI
COW8.
9 SI IS 4 11JI 4 st
4 MT S 10 1 1134 4 40
4 4$ 8 14 4 ..1047 4 40
170 I n la ion 4 to
4 Ml I 14 It 1114 4 40
1 140 II... 1044 4 60
4 70 4 00 4 1040 4 44
I I'4 4 10 I Ill 4 I
4 toil 4 10 II S40 t 00
10 1071 4 IS II 1:4 I II
HEIFERS.
8 IM I TO t 74T 4 40
4 IN IN 1 40 4 64
I US 4 11 4 741 4 60
It 4 10 4 IU III
4 41 4 M
BULLS.
1 1444 4 60 1 4470 4 II
1 mo 4 00 1 urn 4 in
I IW 4 60 1 4 It
1 net 4 04 1 16.11 4 71
1 4 II 1 141 4 M
9 1614 4 10
CALVES.
1 148 4 II 8 too 7 16
I IW 111 1 170 7 ti
9 HI I 00 1 IH IK
8 160 T 14 1 140 T 60
4 166 4 00 1 160 60
t ISt 4 01 9 1M 1 60
1 IM f 00 I let 7 7J
8TOCKKRH AND FEEDERS.
1 760 4 00 1 74 4 40
1 7M 4 II II l!i 111
8.. 411 4 tl 7 440 6 110
4 4 4 60 t 464 I 40
3 INI IW 14 471 t S
1 760 4 04 II 7 I 14
1 760 4 IS It Ill IN
I 411 4 tl 94 ItM I 6i
9 14 4 60
H041S like most New Year'a markets.
today's hog trade was a small affair, in.
volvlng the sale of only an odd forty
loads. The packing demand opened early
and active and clearance of the bulk
was made within the first hour of trad
lng, prices ruling 5rrl0o higher. The im
provement, especially at mldsesslun, was
very pronounced, but inquiry slackened
toward the close and a few scattered
loads, unsold late, had to move at shaded
figures, as compared with those In force
early.
Miippers ana speculators bought spar
Ingly. as local values are almost on
parity with those In the eaal. and the
absence ot a Working margin woe directlv
responsibie for outside orders calling for
less tnan a nan aosen loaas.
Not much change developed In the
spreads between lard, butcher and bacon
weights, the best heavies selling at the
top, with common lights at the bottom.
Smooth hogs, weighing 2M pounds.
brought as much as t17H, wii.it high
mixed stuff, with a light average, landed
around v.,x mere were no pigs or con
sequence on sale.
No.
Av. tfh. Pr.
No. Av. bit. Pr,
1 !1 40 4 lo
6 ;.'4 ... 4 1
11011a
66
...tit ... 4 OS
...ml 40 4 so
.. .544 lv 4 00
...114 100 4 00
...1SI ... 4 04
...im us 4 04
...SI! ... 4 06
...S10 ... 4 l
...:it ... 4 ul
. . . tti ... 4 It,
...314 I.T) 4 I'll
i)
4 HI 40 4 10
64 Ill ... 4 10
II Ill ... 4 14
4S Ml ... 4 10
I Ml et I HI
44 Ml ... 4 i:4
4t 144 M 4 14
4 r,t i2 4 14
44
16
tl
T ....
to
46
it i' ... IIK 46 :1 140 4 14
14 314 I.T1 4 I'll. 60 46 60 4 16
.: ire 1
144 M 17W
SHEKP Parkers cleaned up the limited
receipts of fut lambs without any q nih
il. .tig or delay, paying prices about a
dime higher for anything fit to kill. Im
provement was warranted by aluea at
other points, but the fact that local sup
plies navs Deen unuer requirements lor
some lime past furnished the best argu
ment for a higher scae of quotations.
Hood fed lambs landed at IV 40 and shorn
lamba sold at t:.&0. I-at lam be that were
nothing to brag about brought 4o.wxio.ou,
the price ranse on fair to choice wooled
stuff being decidedly wide, the same as
recently.
There were 110 sheep of consequence
Included In the run, but the few scat
tered buuehea that did ahow up moved
readily at levels easily firm. 8onie na
tive ewes-a few head reached 4.ut, ao
that It la safe to yiit.t fed westerns at
this limit Plirue wethers would probably
sell around 84 I.VfM 25 and tonpy yearlings
are tld named at or nesr 15.00.
Feeder trsde wan a psrkase affair, the I
amount or buslne proving too small to
afford anything like an accurate Idea of
country cot In the various lines of stock.
Dally piirclie f feeder have eldom
exceeded l.fi head lately, a both the
supply and demand have been very small.
Quotations on sheep and lambs:
I.amb, good to choice $fl OrvffS 40
I ambs, fair to good 8.7.v(iUO
Yesrllns, good to choice 4.FiOin0i)
Vesrllngs, fair to rood..
4 2f.'o4..V)
3 Ml 2.i
8tl3.8
;i..vti4 oo
Wethers, good to choice.
Wether, fair to gocd
Kwe, good to chclce
t'ww, fair to "nod
3.0tkij3.ai
Bllbrf.
No A v.
22 native yearlings 1"4
2l fed lamb 73
20 fed Ismb. culls t
2:-4 fed Iamb M
l' native lambs 1'"
Ic2 fed ewe 112
20.I fed ewes 10H
2'0 fed ewes Ill
148 fed ewen Ill
4)2 fed lambs 7
"7 fed Iamb, culls 2
SO fed lambs 79
447 fed ewe 9r
'"I fed lambs -H
;i7 fed lambs 58
Trice.
$4 n
6"0
4 .V)
6 M)
tt.OO
3.
s.rr.
3.7.1
3.7S
s.4-1
4.73
ti .VI
4 lk
!, r.o
400
CHICAGO LIVH STOCK MlRKET
Demand for Cattle and heep Steady
Hogs Slow.
CHICAOO. Jan. l.-CATTft-Recelpts
estimated at 17,000 head; market stendy;
beeves, l4.76fH.dO: Texss steers, 34. 25
o. 75; western steers, I4.30-36.60; stackers
and feeders, 3.2j436.70; cows and heifers,
J2.0fXI.4O.
1IOG3 Re??tpts estimated at 32,ono
head; market slow and generally Be
higher than Saturday's average; llfrht.
:..7Mi1.16; mixed, Ifi.SfifTfi.Ei; heavy, to. 85
t(8.:; rough. 8fi.M00; good to choice
heHvy. lii.OntiCSO; pigs, $5.00a5.80; bulk of
sale, l5.96tW.20.
HHKKP AND LAMBS Receipts estl
mated at 2h.i0 head; market steaely; na
tive, $2.7ri4.M: western, I3.2SHj4.60; year
ling. II.Kft'ijfi M; lambs, native, 4.25ga.pO;
western, W.isate.TO. 1
Kansas City Live "lock Market.
KANSAS CITT, Mo... Jan. l.JCATTLE
Hneeint .i head. Including 100 south-
ern;market steady to 15c higher; drensed
beef and export steers. W.wnv.w; iir to
good, In.O'i'iiii.fjO; western steers, 34. HOW
7.00; etockcra and feeders, tfOOftfft.M;
southern Bteera. 84.5oifrci.50: southern cows
$2.75tt4.76; native cows. $2. 7505. M; native
heifers. 4.2.ViT7.w; ouns, U-WB"-";
calves, t4.0txal.76.
HOUH-Receipts, 4,000 head: market 10c
higher: bulk of sales. t5 806a.lA; heavy,
ti Jnr.ifi.2r.; oarker and butchers, tH.OG-B
6.20: lights, to.70(j0.07H: pig, t4.253.25.
BIIHEP AND IaAMBS Iteceipis, o.wiw
head; market sthrong to 10c higher;
lambs, t4.7tvr.w); yearnngs, s4.jo-uo.ou;
wethers, t3.6(X(j-4.50; ewes, 83.26ai4.00;
stockers and feeders, t2.76'4.00.
St.' Lnnls Lira Stark Market.
ST. LOUIB. Jan. 1. CATTLE Receipts,
t un head. Including 400 Texans; market,
10o to 2oc lower; native beef steers, t4.50
4i8.75; cows and heirers, xa-TB.w; siock
ers fend feeders, t-l.2My5.25; Texas and In
dian steers-, t40yu.75; cows and heifers,
12.7513
$7.50.
7r-4.75; calves in carioaa lots, 9nxg
HOG8 Receipts, 14.008 head; market, 5c
to 10c higher; pigs ana ngni, s4.11wrD.iD;
mixed and butchers. t5-56aW; grood,
heaver . Irt 01 ?!.!.
HHkEP AND LAMBS Receipts. 2,500
head; market. 10c to 15o higher; native
muttons, xj.KU'irt.io; lamos, se.owo-a.w.
Nt. Joseph Lire Stork Market.
RT JOSEPH. Mo.. Jan. 1. CATTLE
Receipts, 700 head; market, steady: steers,
t5.854t9.50: cows and heifers, t3.00ftf-00;
calve, xi.twf.wi. , ',
HOn Receipts, 2,-ti; market, siow;
Inn KH 15: hulk of sales. 6A.KOSI4t.tt.
SHEEP AND LAMBS Receipt. 1,500
head; market, steady; lambs, 35.009.15.
New York Money Market.
NEW YORK. Dec. 30. MONET On
call, nominal; time loans, easy; sixty
days, ia-i'A Prr cent; ninety cays, 4 per
cent; six months, 4 per cent.
PRIME MERCANTILE PAPH.it i(g
4U tier cent.
8TKKUINU tii;nA.ui!. oiesuy wpia
actual business In bankers bins a.
for sixty-day bills and at $4Hi4 for de
mand; commercial bills, M82H.
SILVER Mar, M'o; Mexican dollars,
40o
BONDS-Oovernmont, steady; railroad,
firm. ' - ' " " '
cioslnr quotations on bonds today were
as follows-
U. a. rf. is. rig-.
do couoob
I). S. Is. rsg
4s eoupsu
U. "t- 4t
do eossoa
Allli-Cosl. 1st ts.
1S4 Int. M, M. 74
,1ml sjapsa 4s II
.wife Mo 411 II '
.101K. C. Ho. 11 Is.... 7114
.lilts L 8. 4. 4s llll Mt
.1I-U N. unl. 4.... ItH
. 61 AI. K. a T. 1st 4t.. M
.nils. do sn. 44 I
Ar. A i .
A T T. cv. 4s. .imi"Mo. i-aciiie .... ti
An. Tobseco 4s 1N. H. K. ot M. 4 Sit MS
do 4s UI4N. Y. C. I IT
Armour 4k Co. 44. 11 do dsb. 4s IJi
Atchlsoa
. nn. t. n. ti at n.
.10714 c. 4s 1M
.llwS'N. A W. it e. 4t.. 114
. M do OT. 41 101
. W No. Pscitlo 4s tt
. ti4 do 1 41
. UVtO. B. L rtdi. 4a.... II
. M4kJsnB. or. IW I'll.. t
.104 da cos. 4s lolls
. 64Res4ln( fa. 4s tlm
do rT. 4s
do ct. 6t
A. C I 1st
bat. A Ubl I
do I1
do B. W. ISiis...,
Brook. Tr. ct. la.,
lo. ot Ot. la...,
Coo. UsstSsr As...
1- i N. J. s. 6a
.uitts. u B. r. T u to
r-iua A Ohio ms.. 1014k do sa- ta
H
do rat. 6s sc. le a. w. e. at.. i-
Chlfsso A. 34s.. liuj do let gold Is !,
C. B. 4k Q. ). 4S.... Mttg. A. U 4t 414
ia sn. 4a H4kSo. Pso, eol. 4s 114k
C M. t S. P. d Is do ct.' 4 Ml
c! R. I. P. 4s. 1l ds 1st rf. Is 16
d rtt. la ttSso. Rstlwsy ta 1074
Colo. lnd. la 76 do tan. la 71
Coto Mid. la 6luiL'nlon Pacific It.... 101
f. A B. r. A . 4H T 00 I ll"4
D. 4 H. ot 4a 474 do 1st A rat. 4a.. 47 1
r. tin. 44.... t'U. 8. Rubbar 4a. ...10414
do rat. la. 44 V. g. Bteal 14 6a. ...10144
niatlllera' ta 74 Vs. -Oar. Cham. 44..100
Brie p I. 4a tlfcWabaah 1st ta 104Vt
do sn. 4s. 1V do lat A sx. 4a... 64
do ct. 4a. aar. A. Waatsrn 644. 4s 474k
do saris B 76 Wast. Blso. or. 4s.. tl
Geo El. ct. 6a 161 wis. ( antral 4s M
III. Can. lat rai. 4a.. tlSto. Pso. ot. ta 44-4
Int. Mtt. 4V,a 60 ) Panama 1 101
Bio. Olleretlj 1
London Stock Market.
LONDON, Dec. 30. American securities
opened steady and about unchanged on
the Stock exchange here today. Later
there was a fair demand for Houthern
Pacific, Union paciflo and New York
Central and the rest of the Hat advanced
In sympathy. The closing was steady,
with price ranging from Hi to IS higher
than yesterday's New York closing.
London cloaing atocka:
Conaols, moms., 77 I lllxjuUTllla Jt N 161
do aocouBl . .
11 a-iBM., u. tu 1 jv
.. 414 N. Y. (."antral 110
.. 7 Norfolk W lit
..104 do pfd S3
..104 Ontario A W inu.
Anal. CoppsT.
Auseontsa
Atrhlaos
do pld.
nalllmors A Ordo...l06iPaDnayTnia 41
I'anstllaB Pacltte. ...S41-4 Rand sllaas 44k
I haaaussks A U l&VHasdlnB
T7
Cblcsao Ci. W It Boutllaro Hj.
"4k
71
114
1T7
It
4S
114
4
St
CHI.. Mil. St- r..ni- 00 pro.
It Basra
llSouthars Psclfle
Danyar Klo (1
do pfd
Brie
do lat pfd
do Id pld
Grand Trunk
J0usiod l-acillc...
41 do pfd
IIV. 8. Btasl
64 do pfd
43Webaali
St do pfd
lillnola Central
144
fill.VEK Bar, quiet at 26 1-lGd per og.
MON EY 344' per cent.
The rale of discount In the open market
for short bills is 3 15-lti per cam; for
three months' bills. S" per cenu
Boston Storks and Honda.
BOSTON, Deo. 30. Closing quotattone
on alocks were as follows:
Alloust 43v,Mlaml Oppor ...
A in I Copper 4iMohsx
A. 9S. It. A B XtNavails Con
Arlsons lorn. ... I U-laNlplaaln( Mlnea
4 A l C. A S. M. 1 Nonk hulls
. 64i,
. lk
. :
Ta
47
.11
. 14
. 74
. In
. SO
-
. 14
. 47
. 17
. 4
.101
Hull Coalltlos
. . z2ia.ortn mk
.. 41 old IiuauDloa ...
. . 440 Oecooia
.. 17 Parrolt I. sV. C ..
.. 64 Uulat-r
., UHShanaos
.. ltsSuiMrlor
4 T-14r)uparlar A B. M
. . 64 Tamarsrk
4 li-lin:. S. SR.!
CaU A Arlaous ..
Csl. Hauls
l-antannlal
Cop. llsas l. C
kiaal buna C. M.
Krankll
(llrout Cos
Ursnby Cos
(MM Canssaa ..
lal Rojrala Copper.
Krr l-sH
lSa ippr
Us Sails Cuppar....
Ki-dlTldsstl.
tl do pfd
JM'tao Cos
171 tik Copper Co..
tlkWinooa
VYoltarta ........
Peoria Market.
PEORIA. Dec. 30,-CORN-Lower:
No.
3 white track. Cue; No. 4 white track,
59c; No. 3 yellow track. 60c; No. 4 yel
low track. 6c; No. 8 mixed track, toe;
No. 4 mixed track. 5sc; sample track,
53o.
OATS Steady; standard track, 47c.
Mllsvankeo Grain Market.
UII.WAL'KEE. Dec. 38 WHKAT No.
1 northern, I.V,K; No. 2 northern. 11.06
lil.ot; No. 3 hard winter, xi.tcuitM; Alay,
99c: July. 4.c.
OAT8-8tandard, 49c.
liA RLE Y Malting, 11.150138.
Proceedings of the Supreme Court
lfi.',49. II. F. Cady Lumber company
against Heed. Appeal from Douglas.
Affirmed. Parnes, J.
1. In the sbence of a bill Of exception
it will be presumed that an Issue of fa
raised by the pleading received supp: t
from the evidence and that such Issue
wns correctly determined.
2. A aub-contractor whose only agree
ment I with the contractor cannot ex
tend the time within which he may tile
mechanics lien by subtltutlng proper
material for defective material thereto
fore furnished and charged to the con
tractor. AHhford nsalnet Iowa A Minne
sota Lumber company, 1 Neb , Ml.
l.4!. DUrady iitcaltiKt Chicago, t-tur-
I'hgtott & yulncy railroad. Appeal from
Furnas. Reversed and remanded. Root, J.
1. Section 121 of the code commands the
court to construe with liberality the
allegations In PleadinKS with a view to
doing substantial Justice between the
litigant.
2. A petition charging. In substance, that
a common carrier'a porter refused a pas
senger for hire, who, with her nine in
fant children, alo passengers for hire,
were changing cars on the defendant's
railway at a point intermediate the com
mencement and the end of their Journey,
readtnlHMlon to the car In which she had
been transported and from which she
desired to take her suitcase, with Its
contents of the value of 31.525. although
tho porter knew that her suitcase was!
In the car, and she Informer! him of her
purpose, but that he wilfully refused to
admit her and that although the train
thereafter remained for a long time at
the station und she Informed the carrier's
agents and servants In charge of the
train that her suitcase was in the cat.
they refused to deliver the suitcase or
to permit her to enter the car for the
purpose of securing her property, and
that It was not delivered to her and she
has not received It, states a cause of
action against the cnrrlor.
18.r&7. Reynolds against Adams. Appeal
from Frontier. Reversed and remanded.
Root, J.
1. Where It Is clear that a Judgment
was rendered or an order made by the
district court In an action then pending,
but through the Inadvertence or careless
ness of the. clerk the judgment or order
was not entered on the journal, the court
may subsequently upon motion, after
notice to nil persona, affected thereby,
cause the entry to be made nunc pro tunc.
2. In such proceedings It is not jieceg
sury to notify persons impleaded as de
fendants, but dismissed from the action
before the judgment was rendered or
order made.
8. If the person Injuriously affected by
the fault of the clerk departs this life,
his legal representative may maintain
the proceedings In their names to supply
the record.
4. If the person benefited by the Incom
plete condition of the record departs this
life without conveying or assigning; his
Interest In the subject matter of the
litigation, notice may be served on his
legal representatives, and on satisfactory
proof, the record corrected.
Ib7t8. Kramer against Bankers' Surety
company. Appeal from Otoe. Reversed and
remanded. Letton, J.
1. The sureties on a bond given under
the provisions of chapter 60. compiled
statutes, are not merely nominal parties
in an action on the bond, but have such
an Interest in the action that an action
on the bond may be brought against them
In any county where they reiclde or msy
be found, and under section 05 of the
code, a summons properly Issued to any
other county for service on their prin
cipal. t. Where Jurisdiction has attached the
fact that there Is an error In the account
of recovery or other Irregularities, will
not Justify In a collateral action Uie
granting of an Injunction to restrain the
enforcement of a Judgment.
8. In equity a surety paying a Judgment
against himself and his principal Is en
titled to be subrogated to the rights ot
the Judgment creditor and to have the
Judgment consigned to him or to some one
else for his benefit-
168K3. Babln against Cameron. - Appeal
from Iancaster. If within fifty days
plaintiff tiles a remittitur ot 31025 with
1 per cent interest from July 1, 1905, Judg
ment 01 district court to oe axiirmea, eacn
rarty to pay his own costs in this court,
f such remittitur be not filed, Judgment
of district court to be reversed and cause
remanded. Root, J.
1. Alleged error in giving an Instruction
will not be considered where no excep
tion was taken thereto and no reference
was made to R in the motion for a new
trial.
8. "Where a written contract requires
extrinsic evidence to explain Its terms.
the interpretation to be given in view
of such evidence Is a question of fact."
Haskell against Read, 68 Neb. 107.
8. Rut in the absence ot a latent am
biguity this principle will not ordinarily
apply to those terms ot a written con
tract which are plain and unmistakable
In their meaning when considered by
themselves and In connection with the
remainder of the contract.
4. A builder ordered by the proprietor
to do work in some way connected wjth
the original contract, but substantially
Independent of It, under such circum
stances that the owner should know that
the execution of her order will cause
extra trouble and expense to the builder
not contemplated by the terms of the
contract to build, has a Just demand for
reasonable compensation for the extras
If the original contract does not provide
to the contrary.
0. It is prejudicial error to suonut to
the Jury a controverted defense not sus
tained by any evidence.
. Where a case has 'been tried twice
In the district court and in this court,
if bv Imposing terms as a condition to
affirming the Judgment substantial Jus
tice may be done between the litigants,
It is competent for tills court to du so.
16991. Doll against uetssenmann. Ap
peal from Douglaa. Reversed and re
manded with directions. Rose, J.
1. When a vendor of real estate takes
a series ot notes for deferred payments
and at the time they are executed en
dorses one of tho notes paid ana sur
renders It to the purchaser pursuant to
the contract of purchase, then endorse
ment Is a substantive part of the note.
2. Facts showing that an endorsement
on a note when executed is a sunstantive
part of the note may be proved by parol
evidence.
17UK). Gruenther agalnat Bank of Mon
roe. Appeal from Platte. Affirmed.
Reese, C. J. Root, Barnes and Rose,
J. J., dissent.
1. In an action Instituted before a jus
tice of the peace plaintiff alleged that
upon the representation of defendant
bank that the drawer of A check had
money on deposit to pay the check, that
the check was received, but when pre
sented at the bank payment was refused,
the defendant falsely claiming that the
drawer had no funds wherewith to pay
the same. On appeal to the district
court, where the cause was tried upon
the original pleading, plaintiff was al
lowed to amend by Inserting In the bill
of particulars that prior to the presenta
tion of the check the drawer had left
with defendant the sum named In the
check for the express purpose of paying
It and which sum the bank retained. Held,
that the amendment did not change the
call of action.
2. "Where the parties to an action entsr
upon a in I and treat the allegations of
new matter alleged In the answer as
dented this court will also treat It so
notwithstanding no reply appears In the
record." Ixisn and Truet Savings bank
agalnat Stoddard, 2 Neb. (unof.), 496, 89
N. W. 901.
3. "Pleading affirmative matters In an
answer, which amount to no more than
a denial of plaintiffs cause ot action,
will not necessitate a reply." Peaks
against Lord, 42 Neb. 15, 60 N. W. 349.
4. Where a check Is Issued upon a de
posit In a bank and the payee notifies
the bank of the receipt of the check and
the drawer subsequently withdraws his
deposit, but leaves with the bank the
ex sot amount required to pay the check,
with Inrtructlons to pay It when pre
sented, and the money is accepted and
retained for that purpose, the bank will
be liable to the payee of the check with
out reference to section 9M0, Ann. St..
which requires an acceptance ot a check
to be in writing.
17212. Maxwell agalnat Relsdorff. Ap
peal from Platte. Reversed and remanded
with directions to cancel the license.
Rose. J. Sedgwick. J., dissenting.
1. The record of a village board grant
ing a license to sell Intoxicating liquors
must show all of the Jurisdictional facta.
2. The filing of a petition signed by the
number of resident freeholders required
by ststuta I essential to a village
3. Two weeks' notice of the filing of a
hoard's Jurisdiction to grant a license for
the sale of intoxicating liquors,
petition for a license to sell intoxicating
lliUora ts ease n I la I to the licensing
board's Jurisdiction to grant a license.
4. A new notice must be given before
a valid license can be granted, where the
names of the full number of qualified
petitioners first appear ou the petition
st tho time set for the hearing of a re
monstrance. 1,M. Kyner against Whlttemore. Ap
peal from Brown. Affirmed. Barnes, J.
1. Ky answering to the merits a de
fendant waive his right to demur to the
plaintiff's pet.tlun. and that part of his
answer which In form amount to a pen
eicl demurrer will be treated as sur
piusupe. 2. Where a defendant seek to defeat
the foreclosure of a tax lien on the
ground that the resl estate in question
conl"ted of two separate and ' dlntlni't
tracts which were the property of dif
ferent owner, and were assessed and
taxed as one tract. If his answer fails to
clearly et fortft facts sufficient to war
rant such a conclusion, and contains no
de.lirite description of each separate
tract, it Is vulnerable to a general de
murrer. 3. An allegation In an answer that de
fendant has at all times been ready and
willing to pay proportion nf tax, but has
been unable to iigree with another al
leged owner us to the amount he should
be required to pay. Does not constitute
n defense to an action to -foreclose n
tax lien.
1145. Kiddle against Kiddle. Appeal
from Douglas. Affirmed. 'Fawcett. J.
1. It is the settled rule In this court
that in a suit by a wife for separate
maintenance, or for alimony alone, the
court may at any time during the pend
ency of the suit, make in allowance to
the wife of a reasonable sum as suit
money, Including attorneys' fees, to be
paid by the husband as the Court may
direct.
2. And by the term "during the pend
ency of the suit" Is meant, any time from
from the commencement of the suit until
and Including the final order of dismissal
of the same.
3. And the fart that after the employ
ment of counsel and the commencement
by them of such suit, and prior to the
entry of such allowance, the parlies to
such suit become reconciled, does not
oust the court of its authority to make
such allowance.
1R54G. Bonge against Village of Wlnne
toon. Appeal from Knox. Affirmed.
.Sedgwick, J.
I'pon examination of the petition It is
found that a general demurrer thereto
was properly sustained,
lil669. Mate against American Surety
company. Appeal from Lnncaster. Af
firmed. Reese, C. J. Rose, J., not sit
ting. Insurance companies are not Included
In the title of article 2, ch. 91a. Compiled
Statutes, 1911. and are not required to
comply with the requirements of that act
by filing in the office of the attorney
general the statement described therein.
1692S. 'Johnson ngainst Ish. Appeal from
Douglas, Affirmed. Barnes. J.
1. It Is not reversible error to give to
the jury an unnecessary Instruction,
which Is a correct statement of a propo
sition of law, unless the complaining
party appears to have been prejudiced
thereby.
2. Where the district court has fully
and fairly Instructed the Jury upon a par
ticular point. It Is not error to refuse
to give further Instructions thereon.
3. Assignment of error for the exclu
sion of certain evidence commented on
and found to be without merit.
4. In an action for damages for assault
and battery where the testimony was con
flicting as to the nature and extent of
tho plaintiff's injuries, a Judgment should
not be held excessive if the record con
tain substantial evidence supporting it.
lfi29. National Bank of North Bend
against Thompson. Appeal from Morrill.
Affirmed. Root, J.
1. A provision In a promissory note,
executed subsequent to June 1. 1979, that
the maker will pay the plaintiff an at
torney's fee if suit be instituted upon
the note, is Invalid and will not render
the Instrument usurious.
2. Separate notes executed for past due
Interest upon a promissory note will not
taint the original contract with usury.
16844. Claypool against Robb. Appeal
from Lincoln. Affirmed. Letton, J.
1. The provision of section 79 of the
code that "The publication must be made
four consecutive weeks' Is satisfied by
a publication In a weekly newspaper once
In each week for four weeks successively.
Davis against Huston, 15 Neb. 28.
2. But, where the notice Is published
in a paper having more than one Issue
..iritf in. aveelr. Insertion of the notice
in each ot tne regular issues uum.jc
week Is necessary to a complete puoui,
tlon of the notice for that particular
16539. Oolngs against Goings. Appeal
from Kearney. Reversed and remanded
with directions. Reese. C. J.
1. In an action tor a divorce sunt
anwer and oross-petltlon of recrimina
tion is filed by which a divorce Is sougnt
by the defendant, if it be shown by the
evidence thut neither party Is blameless.
and the decree of the district couii
nled a divorce to either, dismissing botti
c ...t.iinn und rrosa-netitlon. ' the de
cree will, to that extent, be affirmed.
2. In an action oy me wiie mi -solute
decree of divorce in which the de
fendant presents a cross-petition seeking
a similar decree, the queatlon as to
whether such decree snouiu oe tiju"
to either party, or a decree irom oeu aim
board granted to tne wiie, ronini ..-
m . . I I AIam S)BBBi Bt4fa 1111 .
exerciso 01 me aw-miou 1
..i fk demands It. a decree of
divorce from bed and board, but without
dissolving the marriage relation, will bo
granted to the wile, the evidence showing
her to be tne less guncy 01 .
1 .,,.1, .Ma. wiim DroDerty has
been accumulated by the Joint labor and
frugality of both, nut is an wis .
husband, a proper provision will be made
for the maintenance of the wife.
16556. O'Donnell against nrmwii .
oeal from Cuming. Affirmed. Barnes.
J. No syllabus. . ,
16554. Kulp against nnum
from Cuming. Affirmed. Barnes, J.
1 A final settlement between a guardian
and his ward, after the ward has at
tslned his majority. In the ."-bsence of
fraud or misrepresentation, if made In
a proper court after Investigation and
with knowledge on the part ot tne ward
that a portion ot the distributive share
which he receives ot his lather's MlaU
Is the proceeds ot a sale of his land, will
amount to a ratification and affirmance
of such sale, and the ward Is thereby
estopped to queatlon Its validity. Boroher
against McOuire, 86 Neb., 644.
16666. Weekes against Helmann. Appeal
from Cuming. Affirmed. Barnes. J. No
syllabus. . '
16818. Johnson against Rlseberg. Af
firmed. Appeal from Boone. Root, J.
Reese, C. J., dissenting. Letton, J., con
curs in dissent.
1. Clear, direct and uncontradicted testi
mony given by a disinterested witness
that a woman having no lineal descend
ants orally promised her stepson that If
he would remain on her farm, live in
her house during her natural life and
treat her as a son should treat his mother,
he should have tha farm at her death,
corroborated by the evidence of die
interested witnesses concerning her dec
laration to the effect that her stepson
hud an interest in the tarm and would
have It after her death, If believed by
the court, will sustain a finding that the
contract was made.
2. Acts of performsnce relied on to re
move the bar of the statute of frauds
to an oral contract to transfer the title
to real estate, must be unequivocal and
of such a nature that If stated, an in
ference will reasonably arise that an
agreement of some nature existed be
tween the parties with reference to the
real estate.
3. If the acta of performance relate to
services of such a character that their
value cannot be eaiimated by a pecuniary
standard the claimant does not have an
adequate remedy In pressing a demand
for a money Judgment for a breach of
the contract.
!i9"j. Mnlth against Roehrlg. Appeal
from Douglas. Affirmed. Sedgwick, J.
1. Section 15 of the act of lMd. Compiled
statutes. C. 50. commonly known as the
Slocumb lew, substantially re-enacts sec.
tlon 676 of the criminal code of 1966. In
many caaea alnce its first enactment this
court has assumed tta validity and, being
satisfied that it is constitutional upon
re-examlnatton, it Is so held without fur
ther discussion,
3. This court will not reverse a judg
ment of the trial court for ao erroneous
Instruction when It appears from the
whole record that the party complaining
has not ben prejudiced thereby. Ault
man against Reams, 9 Neb., 47: Omaha
A R. V. R. Co against Hail. 33 Neb., tt;
siandlford agamst Ureen, 64 Neb., 10, and
Shoemaker against Commercial L. A. Co.,
75 Neb.. 687, distinguished.
3. When In an action for damages
caused by aa assault evidenoe la offered
as to statements made by one of the
parties to the assault. It Is for the trial
court to determine whether such state
ments were a part of the res gestae, and
if tha circumstances Indicate hat the
statements were self-serving and made
wtlll deliberation It will not bt beld to be
an abuse of discretion to exclude such
statements ,
4. It is not the duty of the Jury to find
which of the defendants Is prlnclpsl and
which are sureties under section 611 of
the code. It Is not error to rrfuse tu
submit that matter to the Jury to guard
against prejudice when the surety is a
foreign corporation.
6. Evidence examined end found suffi
cient to support the verdict, and that the
damages are not so excessive as to re
quire a reversal.
lt,t. ecott against Ufuriw. ni'V"'.
Morrill. Reversed and remanded, tiodg
wick, J. Iettnn, and Root, J. J., con-
curing separately.
1. In this stale the statute ot limitation
is a statute of repose: It prevents re
covery on stale demands. If the petition
In an action upon a promissory note sets
out the note which shows upon its face
that It Is barred by the statute, atirt
partial payments are also alleged In the
petition which would remove the bar of
the statute, and such payments are de
nied in the answer, with the allegation
that the note is barred, the plaintiff can
not recover without evidence 01 sucn pay
ments. '
1HM7. Village of Wakefield against
Vtecht. Appeal from Wayne. Reversed
and remanded. Fawcett, J.
1. Section 8H77, Annotated Statutes, 1909,
construed and held broad enough to per
mit a vlllnge located upon the border of
one county, in a proper case, to annex
contiguous territory situated In an ad
jacent county.
2. In an action to annex additional terri
tory to a Village the burden is upon the
village to establish, by sufficient aver
ments and evidence, that the territory
souiiht to be annexed will be benefited
by the annexation, or that Justice and
equity require thut such territory be an
nexed. '
3. Evidence examined and set out In the
opinion, held, not sufficient to sustain
the decree.
Iil970. First National Bank of Buchanan
County against Exchange Bank of Ong.
Appeal from Clay. Affirmed. Root. J.
Sedgwick, J., and Fawcett, J., dissenting.
Where a corporation accepts and re
tains the fruits of a transaction induced
by the fraudulent representations of its
agent made by him while acting within
the scope of his authority It Is liable to
the partv In lured thereby.
17049. Haas against Wellner. Appeal
from Cheyenne. Affirmed. Reese, C. J.
Rose, J., dissenting.
The delivery of a deed by the grantor
to a third person to be delivered to tho
grantee will be equivalent to a delivery
to the grantee if the existing equities re
quired such delivery and it is apparent
that the grantor so Intended It.
17090. Harding against Board of Equali
zation of Douglas County. Appeal from
Douglas. Affirmed. Root. J.
The privilege granted a licensee to sell
intoxicating liquors is not subject to
assessment for taxation under the pro
visions of chapter 77 of the Compiled
Statutes, which In substance provide for
artvalorem taxation.
17179. Keezer against State. Error, Cass.
Affirmed. Root. J.
1. In charging murder whllo the accused
la attempting to perpetrate a robbery, It
Is not necessary to allege that the act
was committed deliberately and with pre
meditation. 2. These allegations not being essential
In stating the offense, if made, may be
rejected as surplusage and need not be
proved separate and apart from proof
of the killing while the accused Is In the
perpetration of the robbery.
3. In the case at bar, since tha Jury
might well find from the evidence, be
yond all reasonable doubt, that the ac
cused planned to waylay, assault and rob
two men and did carry their plan Into
execution by assaulting the men. robbing
of them and beating the other so that he
died, the triers of fact might logically
find that the last described victim wasj
assaulted with the intent on the part of
the accused to rob him, although they
denied the Intent, and there is no direct
evidence that his person was searched or
any property taken therefrom.
4. In that state of the proof, the court
having Instructed the Jury that the ac
cused were presumed to be Innocent, they
were not entitled to a further Instruction
that the presumption is that no such an
Intent existed and no attempt was made.
6. The rule announced In Preult against
State, 5 Neb., 877. that "Where Informers, '.
detectives, or other persons employed 'to
nunt up testimony against the accused.
are called to testify against him. he 13
entitled to an Instruction to the Jury that
In weighing their testimony greater care
should ba exercised than in the case of
witnesses who are wholly disinterested,"
will' not ordinarily apply to a county at
torney, a sheriff or to his deputy.
16974. Mclnlnch against Evans. Appeal
from Nemaha. Reversed and remanded.
Rose, J. Letton, J., concurs in conclu
sion. Fawcett. J., not sitting.
1. A verbal lien on personal property
Is void as to subsequent purchasers In
good faith.
3. There Is no presumption that a
stranger to an oral agreement creating a.
verbal Hen has knowledge of Its existence.
3. As a general rule the burden of prov
ing that a stranger to an oral agreement
creating a verbal Hen on personalty hast
knowledge thereof Is on lienor, where that,
foot Is material to his protection.
4. While defendant's possession of a
chattel, when replevied, is presumptive
evidence of ownership, such possession,
loses Its presumptive character when
plaintiff adduces evidence showing that
he bought the .chattel from the owner,
that he paid for it and that he is entitled
to possessjon.
6. After plaintiff In replevin has ad
duced proof showing that he bought the
chattel In controversy from the owner,
that he paid for it and that he 1 entitled
to possession under his purchase, the
burden ts on defendant, where ha at
tempts to daeat the case thus made and
to establish his own right of possession
by proof of a verdict lien to which plain
tiff was a stranger, to show that plain
tiff, before completing his purchase, had
notice of such Hen.
. Where the law Imposea on defendant
the burden ot proving a material fact on
which he relies, the plaintiff Is entitled
to an instruction so advising the Jury.
162x6. Cooper & Cole Bros, against
Cooper. Appeal from Lancaster. Af
firmed as to defendants Cooper, McCash
land at Fowler; reversed and dismissed
as to defendant Whltham without pre
judice to an action on contract made tor
plaintiff by Gilbert Cooper. Root, J.
1. Persons not jointly liable to the plain
tiff, or who do not claim some right In
the subject matter of the action, may
not, over their objections, lawfully be
joined aa defendant.
2. "The apparent authority of an agent
which will bind his principal is such
authority as the agent appears to have
by reason of the actual authority which
he has." Crelghton agalnat Flnlayson,
44 Neb. 457.
3. "Ostensible authority to act aa agent
may be conferred if the party to be
charged as principal affirmatively or In
tentionally, or by lack of ordinary care,
causes or allows third persons to trust
and act upon such apparent agency."
Thomson against Shelton. 49, Neb. 644.
4. Where a wholesale dealer in plumbing
supplies, furnace and water plants
knows that one of Its salesmen has, upon
a promise of compensation to be paid,
solicited retail merchants in another city
to secure customers for It. and In reaponsa
to a teller Irom mem to the effect that
the time is ripe to get hold of soma busi
ness and to send a salesman, sends an
employe who assumes In Its name to
make contracts Willi householders tor tl
Installation of heating plants and water
plants and agrees for his principal to pay
the local merchants' for material fur
nished and money advanced while the
plants are being Installed und to pay a
commission, and before the work is com
pleted the wholesale merchant is told the
facta about the contracts and It makes
no objection thereto, but sends mechanics
to install the plumbing and furnace and
avails Itself of the services rendered and
money furnitihed by the retail merchants.
It will be held to have at least granted
the agent ostensible authority to make
the contracts.
5. In such a case the principal cannot
maintain an action In conversion against
lha householder or the retail merchants.
16M6. Johnson against Rlseberg. Af
firmed. Root. J. Reese, C. J., dlsseuting.
Letton, J., concurs In dissent.
16H6 fimlth against Roehrig, Affirmed.
Sedgwick. J.
loito. Johnson against Ish. Affirmed.
Barnes, J.
1SKJ9. National Bank of North Bend
agulnst Thompson. Affirmed. Root, J.
I.i6. Scott against De Grsw. Reversed
and remanded. Sedgwick, J. Ittun and
Root, J. J., concurring separately.
lti&iS. Flske against Mayhew. Aff.rmed.
Letton, J.
16S44. Claypool against Bobb. Affirmed.
Letton, J.
1ht47. Village of Wakefield against
Ct.cht, Reversed and remanded. Paw
cett, J.
1