Daily globe., 1879-06-27
THE COURTS.
Tho Supreme Court.

This court was in session and considered
three cases. q transcript of which is given be-
low, after which the May term of the court was
adjourned sine die, after one of tho longest and
busiest sessions in its history.
The State of Minnesota OK rel the Eau
Claire Dells Improvement Company VS.. the
District Court of Ramsey County, ct al. This
case came on for further argument at the re-
quest of court. Argued and submitted.
The State of Minnesota ex rel. Alpha Las b.
er, VS.. the Municipal Court of St. Paul and
Robert Patterson. Motion to quash the writ of
prohibition granted. .t
5 Rufus J. Baldwin, ct al vs. Thos. ii. Cam
field. Respondent appealed from clerks tax
alton of costs. The clerks taxation affirmed.
In the samacase the appellant appealed from
the clerk taxation, with the same decision,
taxation affirmed. Adjourned sine die.
DECISIONS OF THE COURT.
4 The following opinions were fled yesterday:
The Red Wing Hotel company, respondents,
vs. John Frederick and John Hack, appel
lants.
Syllabus-Pending the statutory proceedings
for the incorporation of the plaintiff company,
defendants, with Others signed and executed
written instrument in terms as follows:
''We, the subscribers each for himself. and not
for the others. do hereby subscribe and agree
to pay for the number of shares Of the capital
Wing Hotel company, set opposite our respec-
tive names, said shares to be paid for at such
times and in such amounts as the board Of di-
rectors of said corporation may from time to
time require. Provided nevertheless, and
eur subscription il expressly upon the con-
poration shall be by it built and located upon
block forty-four, in Red Wing,
otherwise this instrument to be and remain
void.'' l,ls
Upon the completion of it's organization this
instrument and the subscriptions it contained
were reported to the company, and accepted py
it at the first meeting of its board of directors.
Held, That defendants subscription took ef-
feet as an agreement with the company at the
time of its eptanoe by the latter. Second-Then
defendants became obligated to take the
number of shares so subscribed for
by them, and to pay therefor
in such installments and at such times as the
The building of the hotel was not q condition
precedent to the right of the company to assess
the stock and to collect the assessments. Order
denying new trial affirmed. CORNELL, ].
Isaac Il. Moulton, respondent, vs.. Nathaniel R.
Thompson, appellant.
Syllabus-In an action for the wrongful tax
ing of personal property in which the com
plant alleges that the property is Of value
stated, the effect of denial in the answer Of
each and every allegation of the complaint is
to admit such statement of value. Barry vs.
McGrade, IA Mimi 163; Butler vs.. White,
N. w. Rep. 191, followed as to the construction
of section 1877, Oh. 66, general statutes.
John @. Porter, respondent, vs. John Mont.
gomery, appellant.
! Syllabus-P. contracted to do certain carpen.
ter work for M. for $4OO. to be paid as follows
600 by a conveyance of town lot subject te
q certain mortgage. P. performed the work
and defendant accepted it. Ten days after the
performances was complete, and on Saturday
July TO- 1878, P. duly demanded of NJ. con.
veyance of the lot but defendant refused to
convey the same until after settlement with
p, but on Monday, July the 22d, of the same
month, M. rendered P. deed of the lot, which
P. refused to receive, and which has been
! lodged in court for p.
Held, That NJ. was entitled to reasonable
time after demand within which to execute anc
| deliver the deed, and that the tender of th,
same in this case was made within reasonable
time after P. g demand.
Held, further, that by M. 8 refusal to convey
until q statement he did not lose his right tt
the reasonable time mentioned.