, 1875-12-13

qncat!on was As to whethor shs COMPANY vere
l'ablo for actual Of exemplary DAM
At alt. Tho Court holds that, ia a.
action bgalhBt corporation for Tho
willfn ncts of its Rervhnt. slono In tho corre of
lis employment and 1T tho discharge of lin duty,
tho corporation Ii Liable for ony tho actual dam
agoa to thu injured parry; that, for all ornu-
tlary damages growing nut Of ht1ch wi1lfui az
sAnft. tho servant hlour Ia l!ahlo: thnt. It tho
corpo1 atton through it's principal officers, shall
IN his wiIifn!ncas, ar shal! approve or ratify
II" ullliu meta after they arc tlono.
thcn such corporation nlnll be liable for all thu
damages, both actual a,rl exemplary. Which tho
,usy. mon tho authorities, 10 classosl among the
ncluat damhgea, hut pau OF nnind. or menta!
nnffoting, can, II at all. bo c!assod Us actual
damages nnly "fcn such mousaI pain Of huIror-
ssn ,mE Rfoxs VIZ, out H., of' or IN nnopassty se.
"ontraae" or "n%,enty put mon"
onn arirca necessarily from Tho willinl.
i'ets or wansonnesH Eross neglIgenee
ilicsea. anu belongh to TINT class of danhgca for
which tho sorynlt Alnao ia iahIc. The DECISION
ut tho Court below Is reversed. anu tho caBo
rcnandotl for D now trisi.
III Marct, 1873, Il. E. Felt purchased of II. T.
Suediv planp,--hin VILE. jennto Feft, beiug
present. lie paid part Of tho pnrcI,aee. .monuY,
aud Eavc his individual notc. wilt intoreRt for
tho oe'nnco. The piano WA purchased onl uacsi
fot tho boneflt of the tn1nlly. Tho note mas not
Paid At maturty, and tho holdor brought suit In
black Hawk County against The wlfo. and pc
titonct FOR attachment against her HephrGto
psopottY.-hog!ng Tint tho piano was rur-
chased for tho tlso of the famlly, aud the OK
pouhe therefrom was u famiy-oxronse. Tho do
fcndant admitted the purchase. bnt avorEed that
Bho did not know tho note waB given, or credit
obtaued untl1 long atter tho purchase that nho
had no part IN tho transaction; that
Elm rl4rn trArHfHfrnn n hNF IL
payment for a plsno purchased With her Own
n.ouoy. and which her husband had no1d. Tt,e
court below gave judgment aghinst tho Wits.
Tho Supreme Court nnirnls the judgment, nnl
holds that " tho statute doos not limit the lis
hilfty OF tho prunerty Of tho wife to expenditures
for necessary family exponsnB. It hpnltss. With
out limitstivn or qualification, Az to kind or
amount. What Is necessary family cxpet1se
doPondb worry inucil upan thu wealth, habits aud
social position OF party. II = caok-stoye comoB
within tho statute. NO must wartiroboB. bureaus
1eosseads, otc., as thor arc alds to housokeep-
ing 30 also ecwing.machincs, as they facilitate
stcR1 1nntruusent, which incroasoB social enjoy
mant. 10 excluded? TAo only crisc7on fur
tl!sled BY tho alatutes is tho expenditure for
family oxpenao; Wo think piano comes within
tho statute, and ID charEtable upon tho property
OF tho wifo. II tho vendor Bhoiu!d nsrco, at tho
ttno Of tha Rnlo. to look to tLe pronortY OF tho
husband aIono, different question would aslse;
bnt morc)y extending credit tn Tho husband docs
HUSBAND AND WIFE JOINTLY iNnICTED--W1FE MAY
THSTIFY ron HUSBAND.
Owen Donnavan and nife wore 1outlv in
dctctl. in Black uawk County, for ae1ling whisky
contrary to law. Tho wlo WAS called as wituesB
for her husband. Tho Court excluded hor, on
tho ground that her testimony would bo In ller
own behalf. Tho Hnpsomo Court toYerses tho
decision, aud holds that her testimony ahoull
hAv6 been taken ilnder tho CodD, Hcc. Q, Cj1, rs
it did not follow that. II l,or husband did not sell
whisky aa charged. tho wife waa not guilty Of
this ofrensu.
FoR1EnT--cUMULAT1vE 1yDfcrssENTs.
7. y. EggIcsflept, tn February, 1874, placed
four chccRB md deposit in bank account-
book. and presented them to tho Teller Of tho
First National Bank OF Davenport. Tho amount
was about e., ,00l. Tho Talor refused to givo
credit In tho book, and subsequent
inquiry proved tho chocks nero tor
Rcslos. EgRlsBtoet was charged by tho
Grand Jury with four indictments for
utteriug forged pape1s. Ho WAS tried upon
tho ihss Indictment, convicted, aud sentencod
to two hnd q half yeaIs' imprisonment. On tho
yictlon a. q bar to further proceedings. The
Court oyerrufcd tho demurrer, and ho Wsa cen-
vleted on tho remaining Indictments, md ncu-
fenced On each as On she firbt,-mak:n8 ten
years imprisonment lie hpponted, and tho
supreme Court roYersos tho decision, and holds
thnt. when tue defendant, By ono muscular ac-
ttoD and ono voliton, nsahs1 to tllo BANK four
forged chockB, ho committed but ono ctlue, aud
not four. Tho ntteriug OF all tlle cec!1a should
havo been sot forth in ono indictment, and a.
but one offenBe Tten proof that any ono of
tho clecks WAS Known to 10 forgery would
support tho indictment.