The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1880-07-22
COMMERCIAL LAW.
Brief Digests Of Late Decisions.
From the st. Louis Commercial Gazetka.t

doceaSe OF one OF the partners before
the expiration of the partnership term.
the surviving partner should pay the
executors of the deceased partner q cor
tain sum as the purchase money of his
Interest In the business. After the ex.
Piratiot OF the partnership term the
business was carried on by the partners.
without fresh articles benig entered into.
Held that the clause applied to the part
hership existing between the partners
after the expiration of the partnership
term, as well as before such expira4
hon.-Cor Us. Wslloughby, English case.
SERVANTS LIABILITY.
| A servant is liable to q co-servant in
damages for q physical injury resulting
to the latter by means of the negligence
of the former, in the performance OF
labor for common master.-Hi.sds vs.
OverGcker, Supreme Court, Ind.
SUBSCRIPTION.
Defendant subscribed to fund for
the erection Of q bridge, which subscrip-
ton provided that such bridge should
be of a particular character. Held that
he was not liable therefor, unless the
terms of the subscription were shown to
have been fully complied Wrought
Iron Bridge Co. Us. Green, Supreme
Court, Iona.
TEACHER AND SALARY.
A public school was closed on account
of the prevalence of smallpox. The
teacher remained ready to perform his
contract. Held that he was not by rea-
son of the suspension precluded from
his right to compensation during the
closing. He had no agency in bringing
about the state of things which rendered
It eminently prudent to dismiss the
school. It was the misfortune of the
district, and the latter should bear it,
and not the teacher. The case was not
one of absolute necessity, but of strong
expediency. It can not, therefore, be
concluded that in such case the observ.
ance of the contract by the district was
rendered impossible by the act of God.
-Dea0ey as. School District Of Alpena,
Supreme Court, Mich.
TRUSTEE OF MARRIED WOMAN.
Where trustee for the separate use
of married woman purchases property
by her direction to be held according to
the terms of the trust, the fact that the
purchase was made partly on the credit
of the married woman, and not wholly
for cash, does not invalidate the trust.
A married woman in Missouri can create
trust without the cooperation of her
husband. Use, etc., as. Berberich,
81. Louis Court Of appeals.
WATER COURSE.
A conveyance of land on which mills
had been erected, which were supplied
with power furnished with water con.
veyed to them by an artificial channel,
carries with it as appurtenant the right
to use OF the water running in such q
channel. And subsequent convey
ance by the same grantor, of other mills
on the same stream, is subject to the
right appurtenant to the tract first con-
veyed.-Shepartlson vs. Perkins, Sup.
Court, N. II.
INFANTS MORTGAGE.
A surety upon an infants notes for
the purchase money of chattels paid q
Judgment on the notes and received from
the infant note for the amount so paid,
secured by mortgage on the same chat
tells. Held that he was entitled to hold
the property as against subsequent
purchaser from the infant with knowl-
edge of the mortgage. The law is well
settled that an infant who has purchased
personal property and given a mortgage
upon it to secure the purchase money,
or part of it, can not avoid the mort
gage under the plea of infancy, without
rendering the sale void, and losing his
rights under it.-K'saggs Us. Green,
Sup. Court, Wis.
MARRIED WOMAN.
Where a married woman, having
fof
note as a surety for the principal maker,
a presumption arises that she thereby
intends to charge her separate estate
with its payment. Acourt of equity will
carry such intention into effect by sub.
jecting such estate to the payment of
the debt in the mode prescribed by the
statute. Williams Us. Armston, Sup.
Court, Ohio.
PART PERFORMANCE OF CONTRACT.
There is no difference in principle be-
tween the case of a vendee receiving and
retaining a quantity of goods sold un-
der an entire contract, after the vendor
has refused to deliver the residue, and
that of party who has employed
another to perform certain work, but
who, after performing portion of the
labor, rejects or refuses to perform the
remainder. In neither case can an ac-
ton be maintained on the original con-
tract, but in both cases the party has
received what was done. To the extent
that he is benefited over and above the
damage which has resulted to the other
party from the breach of contract, the
law implies promise to pay for such
excess. But when a contract is shown
to have existed, the measure of recovery
for the services rendered is the price
fixed in the contract less the damages
sustained by employer by reason of the
non-performance.- Vs. McCul-
Tough, Supreme Court, Ohio.
WILL.
A will provided as follows: "To my
beloved wife give and devise, in lieu Of
her interest in my lands, the farm on
which we now reside during her natural
life, or SO long as she may remain my
widow" Held that the wife took a life
estate, and her subsequent marriage did
not terminate the estate. BY the will
life estate was first given. The attempt
to cut it down by q condition in re-
straint of marriage was against public
policy, and void.-C0on ~. Bean, Sup.
GERMANTOWN, close by Philadelphia,
is demure old Quaker town. One Of
its peculiarities is free public library
of ten thousand volumes, from which
fiction is rigidly excluded. The works
of Shakespeare, Byron, Pope, Dryden,
Thackeray and Kingsley are among
those that are kept out. ''Have you
any of Mark Twain's works here?'
Philadelphia Times reporter asked.
"No; his book Of travels, suppose, we
hardly considered reliable enough"
the librarian replied: II don't know,
though; there's some truth in them.
supposed least I've heard it said
there was. l heard it though" said
the librarian, looking little dubious,
"in way that didn't altogether satisfy
me. We don't put any plays in, and
Shakespeare stays out on that ground.
Of cnuro, thoro aro Some works IN fron.