Sharp County record., 1881-04-28
COMMERCIAL LAW.
Brief Digests of Late Decisions.
SURETYSHIP.
From the st. Louis Commercial Gazette.l

While il is settled that one OF seVeIaI
original debtors can so contract Win tne
others for their assumption and payment
of the common debt as to acquire the
right of a surety, upon the knowledge OF
the new arrangement being communl-
Gated TO the creditor, such notice must
he definite and distinct, and so given as
to fully and fairly apprise the creditor OF
the new arrangements. Accordingly,
where four partners were liable to rent,
and it was agreed between them that
two should leave the firm and those re.
naming should assume the payment OF
the rent, a general statement to the agent
of the landlord that two Of the partners
were going out and that the remaining
two would stay and pay rent, and the
fact that there was an agreement 10 DO
so was not communicated-heid that
there was not enough to render the out
going parties liable as suretles only
Where in such case the note OF the re-
naming partners was rendered to the
agent of the landlord in payment OF the
rent, and he accepted itupon the express
stipulation that the outgoing partners
should not thereby be released, and eX-
pressly reserved the rights and remedies
of the landlord against them, held that
even allowing the outgoing partners to
be liable as sureties, they were not re-
leased. Palmer Us. Purdy, NeW lor6
Court Of AppeaLS.
ALTERATION OF NOTE.
The maker of note may set up as
defense the alteration of such note after
its execution, although he made declar-
ations to the purchaser Of the note that
it was all right and there were no de-
fenses to the same, if, at the time Of
making the declarations, he had no no.
tice of the alteration.-K00'sS rs. DarlS,
Supreme Court, Ind.
VENDORS LIEN.
Where land is levied on and sold under
execution, the title acquired under such
sale can not be defeated by vendor lien
notes when the deed recited payment in
full and there was no actual notice OF
the existence of such notes.-Ariedge Us.
W00dS0n, Supreme Court, TeraS.
ASSIGNMENT FOR BENEFIT OF CREDIT
ORS.
A deed of assignment which reclteS
that the assets assigned amount to three
times the Indebtedness, and which
clothes the trustees with discretionary
power to carry on the business of the
firm for such time as the trustees shall
deem for the best interest of the creditor,
and necessary for the purpose Of pre-
venting shrinkage and loss, and OF clos
ing and liquidating to the best advan-
tage, is vOidable, as tending to hinder
and delay the creditors of the assignors.
Where deed, good between the par
ties, is executed and delivered before the
day of the levy of an attachment on the
property conveyed, and is not recorded
until after such levy, but is recorded be-
fore the sale and sheriff's deed, it has
precedence ever the attachment when
the question is as to the rights, not of a
volunteer, but of bon-tide, purchaser,
| for value. The assignees in an assign
ment for the benefit of creditors are not
mere volunteers. The assumption of
the trust is a valuable consideration. A
description in deed of assignment
which, in general terms, conveys all the
real estate of the assignOr wherever Sit
uate, is suffcient.-FirSt National Bank
of AHlebOrO, Mass, rs. Hughes. et a.,
ST. Louis Court Of AppeaLS.
BUILDING ASsOCIATION-AGEN
Where one, through the representa-
tions OF a secretary of building asso-
citation, is induced to become a surety
on a promisory note, the association can
not set up want of authority in the
secretary to make contract as against
a defense made under the terms of the
agreement. 1t can not have the benefit
of the security and at the same time re-
pudiate the contract by which it was OBJ.
tained.-JameS US. National Building As.
SOctdtiOn, Supreme Court, Pa.
CITIzENsHIP-MARR
An alien woman of the race or class
of persons that are entitled to be natur-
allied, under existing laws, who is mar
ried to a citizen of the United States,
becomes by that act herself a citizen of
the United States And such admission
to citizenship has the same force and
effect as if such a woman had been nat
uralized by the judgment of compe,
tent cOurt.-Le0nard Us. Grant, United
States Circuit Court, District Of Oregon.
CROPS AND POSSESSION OF FARM.
Defendant in error made some ar
rangement with her daughter and SON.
in-law to move on her farm and manage
the same. They were to support her for
life, and at her death the farm was to
belong to her daughter. The old lady
lived with her children for some months.
Then they disagreed, and she moved
away and brought suit for possession OF
the farm. Held that as the plaintiff in
error had control of the farm and used
it as his, and, further, had such lawful
posses sion as authorized him to put in
the crops, the right of possession did
not, during the growth thereof, at once
cease so as to make him liable in tres
pass for continuing there, although all
the terms of the contract might not
thereafter have been fulfilled. Ber5leg
Us. AuDlan, Supreme Court, Pa.
COMMON CARRIER.
II a carrier of passengers purchases