The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1882-10-27
COMMERCIAL LAW.
important Ieaai tfesfssans.

falling Of d bank Of earth in the street
of city, when lie has Been playing
therein, cannot recover damages there
Cor from the city, in the opinion of the
Supreme Court If Missouri; in Donoho
vs.. The City of st. Louis:
A MARRIED woman will bind her. sep-
arate estate by her promissory note, in
the opinion of the Supreme Court of
Missouri; in the Boatmen's Saving Bank
Us. Collins: The c6uEt added that this
Is the prevalent doctrine IN the English
courts and ii the courts Of this country.
WHERE husband and wife are in
possession of real property, all Persons
tsfnust take notice Of the interest Of the
WIG, and fhe creditors of the husband
cannot assail the Tifs7s claim thereto;
in the opinion of the Supreme Court OF
Iowa, in the Iowa Loan and Trust Com
pany VS.. King.
TIE running of railroad train on
Sunday Is. NOT d violation of the law
against doing business On the Sabbath
day, in the opinion Of the Court Of APP
pea1s of Kentucky, in the, Common
wealth rs, the Louisville, and Nashville
Railroad Company. The court said
that the running of the train wss d
work Of necessity.
4 K4tLnokD company is not liable for
damages for the death Of d person
caused by his act of suicide which has
resulted from insanity produced by in
iuries for which the company was re-
sponsible, in the opinion of the Supreme
/ Court Of the United States, in Schiller
VS.: the Washington .Gitg; Virginia Mid
land and Great Southern Railroad C6nt-
pany. 8
| WHEBh Il Is agreed in a mortgage to
| keep the property insured, the policy to
| be made payable to the mortgages, tbs
rights Of the mortgagor under prior
policies viii inure to the mortgage,
except as against the rights Of persons
who have previous claim, in the 6pifnA
ion Of the Supreme Court of Minnesota,
/ in Aftes rs. the, Northwestern Manu-
| facturers' Mutual INSURANCE Company.
A HUSBAND deposited money. in &
bank to the credit Of his wife, and drew
checks signed by him in his wifes name,
without her knowledge, and which the
j bank paid The wife sued for the
amount to her credit on the refusal to
pay to her, >and recovered Judgment.
In this case, Bates VS.. First National
Bank Of Rockport, the Court of Appeals
/ Of New York, III r6tttish JladgeF Finch, de-
cided that the bank was liable TO tbs
| wife, as the money had been paid with
out her consGTt:
A COMPREHENSIVE was dissolved, and
notice of the dissolution was mailed to
the persons who were dealing or who
had dealt with the firm. The remain
/ ing partner continued business in the
] firm name, and had The notes signed in
/ the firm. name discounted by the bank
/ nth which II. had done business. The
bank had had nc notice Of Che dissolu-
ton when it discounted the notes. In
an action to recover on the notes-Na-
tional Shoe and Leather Bank VS.. Herr
the Court of Appeals of New York
decided that the retiring partner was
I liable thereon. 81" Egg
A CHILD 7 years old was injured on
the turntable Of a railroad company
and his guaraia1 sued the company f5f
damages Evansidk vs. the Galveston
and Santa Fe Railroad Company. The
Supreme Court of Texas, through
/ Judge Stayton, decided: The same rule
which applies to persons Of sufficient
I age to protect themselves; in reference
to contributory negligence, cannot be
| applied to inf ,nts of tender years, and
in reference to them the negligence of
a party through whose want of care
/ they receive injury will fix liability, not
withstanding the act of the infant may
] have been such as would defeat recov-
cry by an adult receiving an injury I'M
der the same circumstances It is well
Settled that the conduct of an infant OF
| tender years Is not to be governed by
I the same rules which govern that of an
adult. While it is the. general rule id
regard to an adult that to eftitle him. to
recover damages for any injury result
ing from the fault OF negligence of an
other he must himself be free from
fault, such is not the rule in regard to
an infant Of tender years. The care and
caution required Of child is. according
to his maturity and capacity only, and
| this is to be. determined III each case by
the circumstances Of that case.
r.