AU'.lXlV-'u  I'  ,v  . 
fht  RURAL  NEW. YORKER 
435 
Legal  Questions 
Cancellation  of  Note 
On  March  9.  1920,  I  borrowed  $450 
from  my  friend  P,  giving  him  my  promis¬ 
sory  note  with  interest  at  4  per  cent, 
semi-annual.  I  made  partial  payments 
on  this  note,  with  all  accrued  interests, 
as  follows : 
Paid  March  4.  1921 .  $50.00 
Paid  November  4.  1921 .  100.00 
Paid  March  4.  1922 .  50.00 
Paid  September  1,  1922  .  250.00 
$450.00 
On  May  4  P  died,  and  his  widow  de¬ 
manded  the  full  payment  of  this  note, 
which  I  sent  her  on  September  1,  1922, 
and  asked  her  to  return  the  note  to  me, 
but  in  reply  she  wrote  a  post  card,  stat¬ 
ing:  “Yours  received;  busy  picking  up 
and  getting  ready  to  sell  the  place  and 
other  things;  will  write  soon  and  Settle 
up  our  business.”  I  have  written  her  two 
letters  since,  asking  her  to  send  this  note, 
as  I  did  not  care  to  have  it  fall  into  other 
hands.  The  payments  on  this  note  have 
been  make  by  check,  and  notes  on  my 
check  book  are  made  out  in  detail  what 
they  were  paid  for.  Mrs.  P  has  ignored 
my  letters,  and  I  cannot  get  any  reply 
from  her.  It  occurs  to  me  that  possibly 
P  had  destroyed  this  note,  and  she  had 
no  legal  right  to  demand  this  last  pay¬ 
ment.  P  and  myself  were  the  best  of 
friends  and  we  have  traveled  over  30 
years  together,  and  I  had  perfect  confi¬ 
dence  in  Mrs.  P  also,  inasmuch  that  I 
sent  her  my  check,  expecting  she  would 
return  the  note  to  me  when  paid.  What 
can  I  do  to  demand  the  return  of  this 
note,  and  if  she  cannot  produce  it.  has 
she  not  demanded  money  under  false 
pretense?  Can  this  note  be  used  further 
to  demand  payment  from  me?  What 
course  would  you  advise  in  either  case 
for  action  ?  C.  T. 
Connecticut. 
It  would  have  been  better  for  you  to 
have  retained  the  last  payment  until  the 
holder  of  the  note  had  delivered  the  same 
to  you,  but.  having  made  your  payments 
by  check,  there  is  no  danger  of  your  hav¬ 
ing  to  pay  again.  Perhaps  you  will  have 
an  opportunity  to  talk  with  the  holder  of 
the  note  personally,  and  at  that  time  she 
may  explain  to  you  why  she  has  not  re¬ 
turned  the  note  to  you.  You  are  not  in¬ 
jured  in  any  way,  because  you  have  not 
paid  any  more  than  was  due.  It  is  pos¬ 
sible  that  the  note  may  have  been  de¬ 
stroyed  by  accident  before  the  death  of 
I’.  If  that  was  true  you  would  have  been 
still  liable  for  the  face  of  the  note  and 
interest.  N-T- 
Payment  of  Judgment 
I  employ  a  man  who  had  a  .judgment 
taken  against  him  in  1915.  They  have 
never  been  able  to  collect  anything  as  yet. 
This  man’s  wages  are  $50  per  month.  His 
work  calls  for  every  day  of  the  month. 
They  have  now  garnisheed  his  wages, 
which  calls  for  10  per  cent  of  his  wages. 
This  man  works  every  day  of  the  month. 
Hoes  not  the  law  allow  him  $12  per  week, 
and  if  so.  how  can  his  wages  be  taken? 
Would  I  be  liable  if  I  paid  it.  or  did  not 
pav  to  the  sheriff?  J.  B. 
New  York. 
The  New  York  statute  provides  that 
where  a  judgment  debtor  has  wages,  earn¬ 
ings,  etc.,  due  or  to  become  due,  and 
owing  him  to  the  amount  of  $12  or  more 
per  week,  that  the  court  may  grant  an 
order  directing  that  an  execution  issue 
against  said  wages,  etc.,  for  an  amount 
not  exceeding  10  percentum  thereof.  It 
is  the  duty  of  the  person  or  corporation 
for  whom  the  judgment  debtor  is  working 
to  deduct  the  amount  named  in  the  order, 
and  to  pay  the  same  over  to  the  officer 
holding  the  execution.  If  the  person  or 
corporation  shall  refuse  to  pay  over  to  the 
officer  the  amount  named  in  the  order,  he 
or  they  shall  be  liable  in  an  action  for 
the  amount  thereof. 
Property  Rights  of  Second  Wife 
A  house  was  owned  by  a  man  and 
wife,  and  they  had  three  children.  The 
mother  died  and  the  home  was  closed  and 
afterwards  the  father  married  again,  and 
has  one  son  by  the  second  wife.  After 
five  years  she  left  him  and  does  not  both¬ 
er  about  the  home.  Can  the  father  then 
sell  the  house  without  sharing  it  with  all? 
The  second  wife  claims  he  made  her 
shareholder,  and  the  father  claims  not, 
but  still  the  father  claims  he  cannot  sell 
the  house  without  the  second  wife’s  sig¬ 
nature.  The  step-son  will  be  of  age  in 
another  year.  Some  say  that  the  father 
will  have  to  share  or  divide  the  money 
after  the  house  is  sold  with  the  four  chil¬ 
dren  and  the  wife.  Others  say  that  she 
will  receive  one-half  and  he  keeps  the 
rest.  There  is  a  daughter  not  married, 
and  two  married  sons.  d.  m. 
New  Jersey. 
If  the  house  was  owned  by  man  and 
uife  as  tenants  by  the  entirety,  on  the 
death  of  the  wife  the  husband  owned  the 
entire  property  and  could  dispose  of  the 
same  if  he  cared  to.  If  he  married  again 
Ins  second  wife  would  have  a  dower  inter¬ 
est  in  the  property.  N.  T. 
Serving  the  Farmer 
in  the  Factory 
The  long  and  continuous  success  of  Firestone 
Tires  in  the  service  of  the  American  Farmer  began 
with  the  realization  that  his  demands  are  different — 
and,  in  many  respects,  the  most  exacting  of  any 
group  of  the  motoring  public. 
Therefore  the  Firestone  Factory  organization 
reckoned  with  the  varying  conditions  of  rural 
driving  and  provided  for  them.  That  is  why 
Firestone  Tires  are  equally  at  home  on  all  roads — 
on  concrete,  brick,  asphalt  or  macadam — on  clay 
or  gravel — on  the  road  maintained  by  intermittent 
dragging  or  grading — and  on  the  permanent  way. 
In  the  processes  that  Firestone  has  made  famous 
lies  the  secret  of  this  universal  adaptability.  Thou¬ 
sands  of  farmers  have  learned  that  blending,  tem¬ 
pering,  double  gum-dipping  and  air-bag  cure,  as 
practiced  by  Firestone,  have  an  immediate  applica¬ 
tion  to  their  individual  driving  problems. 
They  find  that  these  methods  give  them  mileage 
double  and  treble  what  they  obtained  a  few  years 
ago.  They  rely  implicitly  on  Firestone — for  the 
uniformity  of  product  has  eliminated  tire  uncer¬ 
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through  the  freedom  from  slip  or  skid.  Firestone 
resilience  provides  an  air  cushion  that  instantly 
responds  to  road  shocks  and  absorbs  them.  And 
the  appearance  of  this  tire,  with  its  rugged,  sym¬ 
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