The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1880-07-23
COMaERCIAL Law.
Brief Digests Of Late Decisions.
From the St. Louis Commercial Gazette. I

Brief Digests of Late Decisions.
From the st. Louis Commercial Gazette.1
ANCIENT LIGHTS.
When person leases and has charge
IF hotel, and an adjoining proprietor
builds high fence on his own land,
which fence partially cuts off the. light
and air from the hotel-held that the ho-
tel proprietor has no cause of action
against the other, either for Injunction
or damages. There is no such thing as
Sc ancient lights - in Kansas, and the
doctrine of ancient ights'' can not
be recognized by the courts of Kansas
Lapere Us. Luckey, Supreme Court, Kan
sGS.
CHATTEL MORTGAGE
If mortgage of chattels gives the
mortgagor, by the mortgage or an ex-
trinsic agreement, unlimited power to
dispose OF the mortgaged property for
his use, the mortgage is void as to pur-
chasers and attaching creditors.-Orton
us. Orton, Supreme Court, Oregon.
COMMON CARRIER.
Where goods are delivered to rail-
road company by connecting railroad
company, to be transported to the own
ers, and the same are received by said
company for the purpose, it becomes its
duty to send them off Immediately, and
it can not justify the detention of the
goods on the ground that, by its regula-
tons, goods received by connecting
road are not to be forwarded until the
receipt of bill of back charges, and
that no such bill accompanied the
goods.-Dunhdns Us. Boston and Name
r. r. Co., Supreme Court, Name.
CONSIDERATION.
In pursuance of verbal agreement
for the exchange of real estate, the de-
PENDANT gave his check, signed by him,
and received from the other party re-
ceipt, signed by such party, in which
the terms upon which the exchange was
made were set forth. The check was
given as a payment of money on the
purchase price. In an action upon the
check a defense of no consideration was
set up. Held that the check and the re-
ceipt could be read together, and would
make a valid contract between the par
ties. and the receipt furnished SUI
ficient consideration for the check. A
letter containing an offer to sell or to
purchase, signed by the party, and
specifying the terms of the agreement
with an acceptance, will constitute q
valid contract.-RubitscheE as. Blank,
New York Court Of appeals.
CONTRACT FOR SERVICE.
The plaintiff had agreed in writing to
serve the defendant as manager and SUI
perintendent of his clothing manufacto-
nv. and to devote his whole time, atten-
ton and skill thereto, for three years,
for sS, 900, payable monthly. After en-
teriny on the service, without fault up
on his part, the plaintiff was arrested
and confined in Jail about fortnight
during the busiest season, and the de-
PENDANT hired another person in his
place. On the plaintiffs release, he
rendered his services. which the defend.
ant refused. He had been paid in full
for the time he had actually worked.
Held that he could not maintain an &C
tion of damages for breach of agree
ment by defendant. Nor could the en-
ployer maintain such an action against
the employee.-Leopold as. Salkey, S~
prenae Court, Illinois.
FIRE INSURANCE.
A fire policy insuring personal prop
erty contained this condition: ''That
the interest of the assured in the prop
erty be any other than the entire, un
conditional and sole ownership OF tn
property for the benefit of the assured
f must be so represented to the com
nanv and so expressed in the writer
part of this policy, otherwise the pohc.
shall be void" Just previous to lnsur
inc the property the insured had exc
cnfed to B a bill of sale of the property
absolute in the nature of chattel mort
oape. to secure the payment OF q sum Q
money to B, it being agreed that insure
should retain the use ana possession
the property as though the bill had nc
been made. Held that the policy was nc
ayoided.-Kronk as. Birmingham r"
ms. Co., Supreme Court, Penn.
HEAD OF FAMILY.
The family may consist of wife an
children. or of other persons, who ma
stand I'm state of dependence in tn
family relation. Or it may consist
nersons standing in either of these rel'
lions to the head of the family, whetht
the father. or mother, or brother, or
s;star. or other relation is the head. b
thew must be persons who are dependen
IN some measure, on the head for SUI
nort and who have an interest in b
holding his property, and would
preiudiced by its seizure or SAFE unG
execution or other process, anu WI
would be benefited by its exemption.
Calhoun rs. Williams, Supreme Co"
Virginia.
LIFE INSURANCE.
By life policy the insurance col
pany was required to pay the amount