« ForrigeFortsett »
(CONTRACTUAL AND COMMERCIAL RELATIONS.) is based solely on a past consideration. (Conn.), written description of the insured propery 360.
specifies such stock as is usually kept in such A contract not to engage in the same busi- stores. (Cal.) 857. ness in the locality, made by one who sells his A new question as to the right of the benebusiness, is held to be broken by his taking ficiary of a certificate on the life of an insane stock in or helping to organize or manage a person to notice of his failure to pay assess. corporation to carry on such business. (N. C.) ments is decided in favor of such right after 389.
notice of the condition of the insured and a The generic term “money” is held to cover request for such notice. (Pa.) 436. everything that by common consent represents A policy of insurance issued by a foreign property and passes as money in current busi- company in another state is held to be witbin ness transactions; therefore ihe payment of a the scope of the New York statute giving a debt or judgment during the late civil war in married woman the right to assign a policy of confederate money, if accepted, is regarded as insurance on her husband's life, with his writfull settlement. The authority of an agent to ten consent, when it is issued for her benefit. receive it in such a case is upheld if it was (N. Y.) 175. then generally received in business transactions The intentional killing of an insured person as the current money of the country. (Fla.) by a third person without the former's conniv. 283.
ance or foreknowledge is held to be an acci. Bills and notes.
dent within the meaning of an insurance The fact that the president of a corporation policy, and the omission of the word “death” who pledges its negotiable note for his own from a clause excluding liability for intentional debt was the officer who signed it is not held injuries inflicted by any other person, when it to prevent the taker from being a bona fide is used in other excepting clauses immediately holder, if the note was payable to a third per- contiguous, is held to leave the insurer liable son who had indorsed it. (N. Y.) 69.
in case of the murder of the insured. (Pa.) Tbe indorsement of a firm name on his own
301. note to the firm, made by one partner who A decision respecting perpetual insurance discounts it for his own benefit, is held to give holds that a provision making the company notice of any lack of authority to make the in. liable forever to the assured, bis heirs, and asdorsement. (Pa.) 723.
signs, and that any assignment of the policy
shall be brought to the office of the company Bonds. The bond of the cashier of a national bank to be entered and allowed, does not give the “for and during all the time he shall hold the company any right to refuse to enter and alsaid office” is held to cover defaults in years not to consent to the transfer of old policies.
low an assignment solely because it has decided subsequent to that in which it is given, al
(Pa.) 159. though the by-laws of the bank provided for his election annually and he was in fact ap-bility for rent under a lease while the building
An insurer against loss by reason of liapointed by resolution every year. (C. C. App. is untenantable because of fire is held not to be 8th C.) 477. The rule that a surety's responsibility is to landlord à part of the proceeds of the laud
relieved by the tenant's receiving from his be strictly interpreted is applied by a decision lord's insurance, at least when the combined that sureties on a bond for a firm as agents are not responsible for misappropriation by one
amounts will not wholly reimburse the tenant. member after the dissolution of the firm and
Lease. the retirement of the other party from the agency, even if the pledgee knew nothing of
The washing away, by unprecedented rav. such dissolution. (N. D.) 861.
ages of a river, of land leased for a landing, so
that only a mere fragment of the lot, unavailaBanks.
ble for such use, was left, is held to extinguish The credit of checks and drafts by a bank to the obligation to pay rent. (C. C. App. 6th C.) a correspondent after the latter bas failed but 550. before the other knows of that fact is held in
The lease of the roof and outside of a party effectual to prejudice the rights of a depositor wall on a building for the purpose of advertisof such paper, when it was received fraudu ing by means of a stereopticon is construed in a lently by the insolvent bauk. But such credit case which holds that there is no eviction by before the actual failure of the bank was held reason of the fact that the value of the wall to bar the depositor's right to reclaim the paper for advertising purposes is destroyed by the or its proceeds. (Tenn.) 532.
fact that the root of the adjoining building is A credit by one bank to another of a draft leased to another person and a screen erected made on the same day that the latter bank thereon for advertising purposes. (Pa.) 575. failed was presumed, 'in favor of the general
Carriers. creditors seeking a pro rata distribution of the The relation of a steamboat company to a assets of the insolvent bank and against the passenger occupying a stateroom is held to be original depositor of the draft therein which ibat of an innkeeper, and the carrier is beld was fraudulently received by the insolvent liable as an insurer for money stolen from the bank, to have been made before, and not after, passenger's clothing during the night wbile his the failure. (Tenn.) 536.
stateroom door was locked and bis windows Insurance.
fastened. (N. Y.) 682. Gasolene constituting a part of the usual A constitutional provision that common carstock kept in a country store is held properly riers shall not contract for relief from their kept on insured premises notwithstanding a common-law liability is held to preclude a printed condition prohibiting it, where the stipulation limiting ihe value of animals car(CORPORATIONS AND ASSOCIATIONS. DOMESTIC RELATIONS.) ried and requiring notice of injury before they | agent receiving the message about dark, who are uploaded or mixed with others, in order to said it could be delivered that night. (Tenn.) recover damages. (Ky.) 685.
431. The contract of a baggage transfer company
Notice by letter. to transport baggage from a residence to a
Notice by registered letter, when authorized, railroad depot is beld to be fully performed, so is beld complete by due registration, but not that the liability terminates, when the baggage until the letter is numbered as required by is delivered to the agent of the railroad compostal regulations, although the postmaster pany at the depot. (Ala.) 137.
may have received it properly addressed and Telegrams.
stamped and given a receipt therefor. (Iowa) Overruling an early decision in that state, a
466. Missouri case now holds that a stipulation
Law of place. against liability for mistakes in unrepeated A contract to pay money to a loan associatelegrams is not valid so far as it applies to tion situated in another state at its place of cases of negligence. (Mo.) 492.
business is held to be governed by the laws of A rule of a telegraph company not to deliver that state, although it has an agency at the messages outside of a mile limit is held place where the borrower resides, through ineffectual to excuse the company for delay in which the contract was made. (Pa.) 595. delivering a message when the rule was not See also infra, VII., as to place of remedy. known to the sender or mentioned by the
III. CORPORATIONS AND ASSOCIATIONS.
Authority to lease a railroad, given by the ! by a receiver of a mutual insurance company statutes of another state, is held ineffectual to under a decree of the court, is held not to sustain the lease of a railroad contrary to the be an adjudication binding on the courts of policy of the state in which the road is situated. another state as against the maker of such a (Pa.) 577.
pote, wbo was not a party to the proceedings The foreclosure of a railroad mortgage, insti- and who before the bankruptcy of the comtuted in behalf of another company which had pany had surrendered his policy and received obtained a majority of the stock of the com- back bis pote. (Iowa) 704. pany and also of the mortgage bonds, was defeated by showing that the corporation buy.
Partnership ing the stock bad obtained control of its affairs held to belong to the surviving partners when,
The good will of a partnership business is and rejected business wbich would have pro: under the contract of partnership, the latter duced income, and diverted the income received to other purposes than the payment of interest purchased the interest of the deceased at its on the mortgage, thereby causing a default. inventoried and appraised value with the right
to continue the business. (N. Y.) 76.
(Cal.) 265. Liability of a stockholder under statutes
Religious society. which make it contractual and not penal is
An attempt by the majority of the members held to be a part of the assets which go to a of an independent congregation of the “Disreceiver of a corporation. (Pa.) 737.
ciples of Christ” who had been wrongfully The right to credit payments of dues in a dropped from the rolls to hold a meeting under building and loan association, made by a stock direction of a tribunal of the elders of sister bolder upon a loan which is tainted with usury, congregations and choose new officers is held is denied on the ground that this would release ineffectual. (Pa.) 169. such a shareholder from his portion of the
Club. losses. (Tenn.) 201.
The distribution of intoxicating liquors by The judgment of a sister state as to the an incorporated club to its members is held not assets, debts, and amount of assessments neces. to constitute a sale within the meaning of a sary in winding up a mutual insurance com- license law when it is done without profit but pany is held to be conclusive on a stockholder on payment by each member for what he in another state as to such assessments. (Mich.) receives as he pays for other food and drink 694, 701.
obtained there. (Pa.) 94. But an assessment on premium potes, made
IV. DOMESTIC RELATIONS.
See also infra, IX.
rule applies when mere matters of form or A child by adoption is held to be “lawful ceremony are in question. (Md.) 773. issue" of the adopted parent within the mean. The effect of intoxication to defeat a maring of a will making a gift to the latter with riage is considered in a case which holds that remainder to lawful issue, where the statute the degree of intoxication must be such as to makes the adopted child a child for all pur. render the person non compos mentis and devoid poses except to take property expressly limited of reason. (Fla.) 87. to heirs of the body. (R. I.) 500.
Habitual intemperance which will authorize Exceptions to the rule that a marriage valid divorce is held not to be shown by the fact of in one place must be valid everywhere are con intoxication about once in three weeks to such sidered in a case wbich holds that the generall an extent that the person did not go as usual to
(PERSONAL CAPACITY. TORTS; NEGLIGENCE; INJURIES.) work on the next morning, and that this had to make a contract by his wife for his support continued for about two years, if it bad not in a hospital valid when it is not executed in caused any loss of his position nor produced the statutory mode. (Ala.) 223. want or suffering in his family. (Conn.) 449. A renewal by a married woman of an accom.
A divorce obtained in a suit brought by the modation indorsement made before marriage is guardian of an insane man is held absolutely held valid under a statute which excepts an void, although the wife is held estopped by accommodation indorsement from the contracts her acquiescence therein and subsequent con- which she is allowed to make. (Pa.) 597. tract of marriage, from claiming the rights of The sale of laudanum to a married woman a widow in the husband's estate. (Iowa) 161. after repeated protests of her husband and
The right of a husband to claim alimony knowing that it is destroying her mind and from his wife's separate estate on divorce is body is held to give a cause of action, although denied in the absence of a statutory provision there is no direct precedent for it, to the bustherefor, and a provision allowing the wife to band. (N. C.) 803. sue in her own name "as well as the husband” A husband's right of action for loss of his in a bill for divorce, alimony, and mainte-wife's society is held to be defeated where the nance, is considered to be merely in respect to injury results in her death and recovery thereher right of action and not an enlargement of for has been had for the benefit of ber estate. his right. (Neb.) 110.
(Ky.) 788. The insanity of a husband is held insufficient
V. PERSONAL CAPACITY.
The right of an incompetent person who a note became mentally incompetent to do executed a deed of trust for the preservation business before signing a renewal pote, which of his property to revoke it is denied except on was taken in good faith and the old note there. condition that the court approves the revoca- upon discharged, is held insufficient to release tion. (Pa.) 707.
bis estate from liability thereon. (Tenn.) 274. The fact that an accommodation indorser of | See also infra, VII., Gift.
VI. TORTs; NEGLIGENCE; INJURIES.
places where persons may lawfully go for
Unsafe premises. standing the fact that no precedent for the ac- Although the owner of a building is not an tion could be found. (N. Y.) 156.
insurer against accident from its condition, he Fright.
is bound to keep it in such condition that it Recovery for miscarriage resulting from will not injure any person rightfully in, fright caused by negligence is held not to be around, or passing it, so far as be can do so by allowable as the miscarriage is not the proxi. the exercise of ordinary care. (Mind.) 557. mate result of the negligence. (N. Y.) 781.
The liability of a landlord to his tenant for
the unsafe condition of the premises, which Food.
was known to or ought to bave been known to For furnishing unwholesome food at a res: the former, but not to the latter, is sustained, taurant, by which a person is injured, it is although the tenant examined the premises and beld that the proprietor is liable only if it was did not discover the defects. (Tenn.) 822. done through carelessness or negligence, and the mere fact that a person is injured in that titled to recover damages from the landlord
Likewise a boarder with a tenant is held en-
But the lessor of a building is held, in
Louisiana, to be exempt from any liability to
a guest of the lessee for injuries sustained by clude the maintenance of an action for injuries caused by the dam to the remaining portion of
Explosions. the land. (S. C.) 222.
For the explosion of a sewer caused by the A recovery of damages for flooding lands by formation of gases from oil that had been a dam is held to be obtainable under the emi- turned into the sewer during a conflagration, nent domain law and not by suit for nuisance, and wbich could not escape because the outlet where the dam is built under a statute giving was obstructed, and was there left for four power to raise water of a river for the benefit days, a city was held liable. (Mo.) 118. of a public canal, and providing that the board Failure to give warning of an intended blast shall have a right to acquire a right of way in in an excavation where such work has been the manner provided by law. (S. C.) 215. going on for several weeks is held not to create Electric wires.
a liability for injury to a blacksmith several The utmost care, and not merely very great hundred feet distant by the starting of a borse care, to have perfect insulation of electric which he was shoeing when the blast went off. wires which are dangerous is held necessary at |(Mich.) 182.
(PROPERTY RIGHTS.) The explosion of the boiler of a railroad lo., when he ran under a standing freight car to comotive which was known to be defective is get a ball on request of one of several emheld to make the railroad company liable to a ployees playing with it, when it was not necesperson near the railroad who was struck by a sary for bim to go upon that track or under such fragment of the boiler; and the court denies cars. (Ga.) 459. that any time for repairs could be claimed by
Injury to passenger or person on car. the company after such notice, but that it was
To go from a car in which there is plenty of bound to discontinue the use of the locomotive. standing room to the lower step of a car plat(Ind.) 293.
form in order to vomit is held such negligence Injury by cars.
on the part of a boy about fifteen years of age The fright of a mule, caused by the noise of as to prevent recovery for his injuries when an electric car, is held not to make the street thrown off by a jerk of the train. (Ind.) 141. railway company liable for the resulting dam
A passenger thrown from a car platform ages, where it was only the usual and neces- while attempting to pass from one car to an. sary noise of the car. (N. C.) 481.
other while the train is in motion is held not The killing of a bicycle rider by an electric to have been negligent as matter of law, and street car is held to result from the negligence no presumption of negligence arises from the of the rider, and the motorman is held justified circumstances. (D. C.) 720. in assuming up to the last moment that the
Failure to stop a train on a sharp up-grade rider would get out of the way. (Cal.) 351. to remove from it a boy who catches on in
A railroad company permitting children to violation of statute and of the engineer's orbring dinners to their fathers employed in a ders, is held not to show wilful or wanton negyard is held not to be liable for injury to a lect of duty. (Ind.) 767. seven-year-old boy while on such an. errand
VII. PROPERTY RIGHTS.
Oil and gas.
The right to transfer one's property in pay.
Gift. ment of a debt while he is solvent is held to be A peculiar illustration of the protection of a protected by the Constitution, and a statute donee is afforded where one placed in possesmaking void any conveyance which would sion of land in anticipation of a devise is held have the effect of preferring a creditor with entitled to retain it as against a guardian of the out limiting it to cases of insolvency is held owner after the latter became a lunatic. void. (Tenn.) 445.
(N. J.) 297. Covenant running with land.
Liens; mortgages. A covenant that a house shall be forever re
An implied equitable lien in favor of the stricted from baving any building attached to grantor of real estate for the unpaid purchase the messuage of more than a certain height is money after delivering an absolute deed and held to run with the land and to apply to the placing the grantee in possession is denied, premises, and not merely to the building
then after a considerable review of the authorities!
(Or.) 690. existing (Pa.) 227.
The lien of a mutual insurance company Crops; fences.
upon insured property of members for their An elaborate discussion of the nature of shares of the losses and expenses is given precegrowing crops is made in a case which holds dence of the members' homestead rights. that they as well as fences are realty for the (S. C.) 806. purpose of jurisdiction of an action for dam- The contract price for building a railroad ages to them. (Ga.) 206.
wbich was payable in bonds and stock is held
for the purpose of determining the limit for A provision in an oil and gas lease that in which the aggregate of subcontractors' liens case of default it shall be pull and void” and can be allowed to be the market value of such not binding on either party is beld to create a securities at the time when they were actually forfeiture for the benefit of the lessor only and delivered under the contract, and payments to at his option. (Ohio) 62.
a subcontractor are held applicable first to
that part of his claim which is not secured by Trademark.
his lien. (C. C. App. 6th C.) 625. A trademark in the letters "P. C. W.”gen
The fact that a person signs a supersedeas erally arranged as script printed in a bori. bond as surety of a railroad company and zontal line upon a background of any suitable thereby prevents a levy, when there is a mortcolor, and which is described in the register as gage on the property but po default made upon consisting in its essential features of the let it and the company is apparently solvent, is ters, is held not to be infringed by the letters held to give him no preference to the mort“W. H. W.” in script, in white, in a hori. gagees on the subsequent insolvency of the comzontal line upon a red background. (Pa.) 172. pany and his enforced payment of the judgFraud on wife's rights.
ment. (C. C. App. 6th C.) 303. The attempt of a man just before death to A chattel mortgage obtained before an asstrip himself of all his property in order to de- signment for creditors is held valid if the mort. feat bis wife's rights therein, by delivering gagee did not know of the mortgagor's condeeds long before secretly prepared and giving templated assignment, however sbort a time a check for bis money, is held to constitute may have elapsed before the assigument. (C. fraud as against her. (Colo.) 49.
C. App. 8th C.) 620.
(CIVIL REMEDIES; RULES AND PRINCIPLES.) Wills.
is held still in force, although the wife is by The common-law rule that marriage without statute given the right to inberit from the busbirth of issue is not sufficient to revoke a will | band. (Minn.) 384.
VIII. CIVIL REMEDIES; RULES AND PRINCIPLES.
Surriral of action.
Attachment. The survival of the right to recover for pain A false wrilten statement as to one's finanand expense caused by personal injuries which cial ability in order to obtain credit is held not subsequently resulted in death is denied under to constitute any basis for an attachment in the Rhode Island statutes which give a right favor of a person who did not rely upon such of action for death, as the court bolds that the statement or know of it until after he had general provision for survival of actions for given credit. (N. Y.) 248. personal injuries must be limited to those
Second appeal. which do not cause death. (R. I.) 797.
Elaboretely reviewing the question how far Place where remedy may be enforced. A provision of the Mississippi Constitution on the former appeal, the Nebraska court holds
an appellate court may re-examine its rulings precluding the defense of an employee's knowls that where the first decision merely remanded edge of defects in appliances by which he was the case for a new trial the court has power on injured is held self-executing, and is enforced a second appeal to re-examine the doctrines by a Federal court in Tennessee, when the in- previously declared. (Neb.) 321. jury was received in Mississippi. (C. C. App. 6th C.) 393.
Exemptions. Jurisdiction to enforce in another state the A photographic leus owned and used by a liability of stockholders in a Kansas corpora- photographer, in prosecuting his business is tion is sustained in a Federal case. (E. c. held to be within a statutory exemption of App. 7th C.) 742.
implements of trade. (Conn.) 718. But the statutory liability of a stockholder Individual partners are not allowed to claim in an insolvent Kansas bank is held by the their statutory exemption out of the partnership New York court to be one which comity does property in case of insolvency, unless expressly not require the New York courts to enforce. authorized to do so by statute. (N. JI.) 604. (N. Y.) 757.
Insolvency. The same in substance is decided in Illinois, Partnership creditors are held entitled to reversing a prior decision on rehearing, al. vote on the question of the discharge of a though in the latter state special stress is laid single insolvent member of a firm which is on the fact that the remedy provided by the solvent. (Mass.) 378. Kansas statutes is a special one. (IN.) 750.
Damages. So, the liability of a stockbolder for unpaid The loss to a child on account of its mother's subscriptions under the Illinois statutes is held death is beld not to be any part of the damages not to be a general contract liability which can recoverable in a suit by her husband as admin. be enforced by the courts of another state, but istrator under the Tennessee statute which preto be limited by the remedy provided in the vents the extinguishment of the cause of action statute which corresponds to garnishment. by death, but by failing to provide any bene(Cal.) 747.
ficiary for the death of a married woman leaves Limitations,
the recovery to inure to the benefit of her surA statute excluding nonresidents who have viving husband. (Tenn.) 442. become such after a cause of action has arisen
An instruction that plaintiff is “entitled” to in the state from the benefit of a statute of exemplary damages in case of a malicious limitations is upheld as constitutional. (Pa.) injury is held error, since at most such damages 440.
are allowed in the discretion of the jury. Injunction.
(Wis.) 205. An injunction to restrain the prosecution of
Evidence. actions for instalments on a contract which has
The measurement in the presence of the been commenced by an assignee in another jury of a woman's foot and her leg 6 inches state is upbeld, when it was done to avoid a above the ankle in an action for injuries thereto, statute of the state in which the contract was when the physicians on the respective sides. to be performed and in which all the parties give contradictory testimony as to such measresided. (ind.) 363.
urements, should not be rejected by the court, Replevin.
-at least if she does not object. (Iowa) 207. A licensee having the right to cut and re- The destruction by a servant of his emmove timber for which he has paid is beld en- ployer's books after the latter's death is held titled to maintain replevin against a trespasser insufficient to raise a presumption that they who has cut the timber, but is required to re contain charges against the servant,-especially imburse the latter for the enhancement in when they had already been examined and value of the property by manufacturing it into the servant claimed to have been executing his Jumber in order to recover the lumber or its employer's orders. (Wyo.) 581. value. (Wis.) 821. 34 L. R. A.