The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-08-25
COMMERCIAL LAW.
Brief DiGests of Late Decisions.

From the ST. Louis Commercial Gazette.l
PARoL SALE OF LAND.
A contract for standing timber on
tract of land, to be taken off at the
discretion of the purchaser as to
time, is an interest in the land with
in the meaning of the statute of
frauds, the transmission of which
must be in writing. To take case
of parol sale out of the statute, the
terms of the contract, the land which
forms the subject matter, the ma
ture and extent ofthe interest to be
acquired therein, the consideration
to be paid, etc, etc., must be fully
and satisfactorily proven.-BoUers
et al. Us. Boxers, Supreme Court,
Penn.
PRoSIIssoRY NOTE.
When man, whether he can read
or not, signs a note negotiable by
the law, the merchant relying on
the false and fraudulent representa-
lions of the payee that it is some
thing different from n note, and
making no reasonable effort to as
certain the tenor of il, he is liable
thereupon to a bona tide holder for
valuable consideration who took the
note before maturity and without
notice of the fraud.-RUddeU Ell al. rs
Dtllmd'a, ct al, Supreme Court, midi
ana.
LEASE.
Where lease for q term of years,
in addition to q covenant to pay
rent, contains a stipulation that the
lessee shall insure all or part of the
leased property in n given amount
for the benefit of the lessor--held,
that the provision for insurance
limits and qualities the promise to
pay rent, and that as the former be-
comes operative the latter ceases to
have force Whitaker as. Harley Ell
al, Supreme Court, Kansas.
SURETY.
Where the name of one or two or
more obligors on a bond, note or
other writing obligatory has been
forged, the supposed co-obligor,
though surety only, and though he
signed in belief that the forged
name is genuine, is, nevertheless,
bound by it if the payee or obligee
accepted the instrument without no.
tice of the Wayne Ag,7-
cultural Company CS. Cdrd,ceH Ell al,
Supreme Court, Indiana.
MECHANICS LIEN.
When the owner of building
pays the contractor in full before
the time at which he was bound TO
do so under his contract. and before
the expiration of the time-within.
which mechanics liens might be
filed and with knowledge of exist
ing liens on the building for labor
and material, the surety for the per-
Torrance of the agreement of the
contractor TO save the owner HARM
less from mechanics liens is dis
charged as to such LIENS Watkins
q. Pierce, ST. Lous Court Of appeals.
CONSPIRACY OF EMPLOYEES.
1t is a conspiracy for which parties
are liable to Indictment and prose-
cution for number OF workmen,
acting in concert, TO stop work upon
the partial completion of the task
which il would be ruinous to delay,
and thus take advantage of and en-
deavor TO force their employers TO
yield to demand for an advance of
wages VuLcdn Steel Works Of 81.
Louis o. Eight Of its WOrkmen, 81.
Louis Court Criminal Correction.
LIFE INSURANCE.
In his application for a policy the
applicant stated in reply TO ques-
ton that there was no hereditary
faint or disease in his family on
either side, to his knowledge. The
issue was made whether in view of
the subsequently proven fact that
there was hereditary disease in the
family of the applicant, the policy
was vitiated. Held, that inasmuch
as the answer of the applicant was
restricted to what he himself knew
touching hereditary disease in his
family, and inasmuch as the insur-
ance companies failed to prove that
he did know of the existence of such
disease, his answer could not be
taken as O violation of the condition,
truthfulness and good faith, imposed
by the company in taking the risk
Northwestern Life Insurance Com
pdny as. Gridley, Supreme Court Of
United States.
ENDORSEMENT.
Weller 81 Son made a negotiable
note payable to Callahan. Callahan
Endorsed his name on the back of IL
and returned it to them, and they
presented it TO bank and had IL dis
counted for their own benefit. Held,
that the bank could not recover
against Callahan. The law will not
presume that he Endorsed il for ac-
commodation, but will presume that
it was paid. The cases holding such
an indorser liable were so held upon
facts being established distinctly
showing the Endorsement was made
for the accommodation of the per-
son by whom il was delivered to
the holder Callahan as. First Ma
t,onal Bank Of Louisville, Kentucky
Court Of appeals.
CONTRADICTORY NEGLIGENCE.
The plaintiff, being passenger in a
street car, requested the conductor
TO stop The car at particular point.
His request not being Immediately
complied with, he leaped from the
car and was injured. Held, that this
was an act Of contributory negli-
gence and that n non-suit was right
ly entered.-Hdgdn as. Philodelphid
Dc Grdy'S Ferry Rdtl,Odd Co., Phila-
delphia Court Of Common Pleas.
PAYMENT UNDER CONFUSION.
Where payment is made under
cOmpUlsion Of legal process, accom-
panied by protest that the demand
is illegal, and that the party paying
will take measures to recover the
payment back, it is not a voluntary
payment. To constitute compulsion
of legal process, actual seizure OF
threat TO seize property is not neces-
sary. 1t is sufficient If the officer
demands payment and manifests an
intention to enforce collection by
seizure and sale of property.-Pdg-
cher as. Narration County, Supreme
Court Of Wisconsin.
THE New York Meas, in discus
sing the political situation in that
state, says: