Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-10-23
Supreme Court.


This court met at $50 yesterday morning
and heard the following causes: @@
No. 51-Alexander Wilson, respondent, vs..
The Northern Pacific Railroad Company, an
pellants. Argued and submitted.
No. 90-James w. Tough, administrator,
etc., appellant, vs.. Thomas M. Pitman, re-
spondent. Argued and submitted.
No. 6-The State of Minnesota, respond
ent, vs.. Ludwig Brinckhauser and Lizzie
Brinckhauser, r.lator. Reset for Nov. IL.
Adjourned to $50 this morning. r.:
Opinions have been filed in the following
causes: -.
Dorillus Morrison, respondent, ". Joel b.
Bassett, appellant.
syllabus-A defendant who had entered
into the use and occupancy of
premises under demise or written lease from
plaintiff, not under seal, by the terms of which
he agrees to pay an amount of rent quarterly
for definite time, cannot, after having paid
the quarterly rent for portion of the time.
and while remaining in possession, lawfully re.
fuse to make further payments as they fall
due on the sole ground that he was the owner
made, and that plaintiff had no title thereto.
Order denying new trial affirmed.
=. .,-.. ss-- ~. ... -- CORNELL, J.
Tho St. Paul & Sioux City railroad company
appellant, vs.. tho Minneapolis & St. Loui.
railway company, respondent.
Syllabus-Under an agreement between plain
tiff and defendant Companies between who's,
lines of road there was a rail connection at Mer
RAM junction, the defendant received from
plaintiff for said junction eight of its car,
loaded with wheat. for transportation and de
livery to consiguee at Minneapolis, point OF
defendants road. By the terms of sid agree
ment defendant was required to haul the carr
over It's road, having exclusive charge and con
troll thereof, make delivery of the wheat, anc
than return the same, either loaded or empty
to the plaintiff at said junction, in as good con
dition as when received, ordinary wear anc
tear excepted. Both parties were to share il
the profits of the transportation of the wheat
and other freight so carried. and plaintiff wa,
to receive from defendant, in addition to it,
share of such profits, stipulated compensa
ton for such use of its said cars. While beine
so used by the defendant the cars were wholly
destroyed by fire at Minneapolis, without any
fault or negligence on it's part amounting t.
want Ut ordinary care. Held: That defendant
was not liable to plaintiff for such loss, eithe
as common carrier, toiler for hire, or other
wise. -.. .. .- CORNELL, j.
State of Minnesota vs.. r. B. Galusha, respond
ent.
syllabu"-He wrongfully, and without au
thority of law. cut and carried away timbe
standing on lands belonging to the State. Ii
February, 1876, and the state auditor start
ed an account for the stumpage of the timber
for the scaling Of it, and for interest upon tn
amount Of such stumpage and scaiing-i,
which account II acknowledged he owed the
State for such stumpage, scaling and interest
~, 2O4. 10. and agreed to pay the sum on Nov
l, 1876; and the auditor, in consideration O.
the defendants guaranty of payment of tn,
same, extended the time for payment to tina
date. In consideration of this extension, de
PENDANT guaranteed the payment of the &C
count on the said Nov. lat. with 10 per cent
interest. Held that, under chapter IS of tn
laws of 1874, the auditor had authority to set
tie with 81 for the stumpage and to state q,
account therefor, as also to defer or extend th
time of payment of the amount of such &C
count, and that, therefore, his promise to pa,
and the defendants guaranty were eaci
grounded upon q legal consideration. Tn
judgment is reversed and judgment directed
to be entered for the plaintiff. BERRY, J.