The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1882-08-24
COMMERCIAL LAW.
~ Brief Digests of Late Decisions.
tFrom the st. Louis Commercial Gazctte.1


agent, as security for the payment of two
other notes given the company for an
other loan, and the agent gave back q
writing stating that if the notes or either
of them was not paid the agent might
surrender the policy to the company for
its value, to be determined by the officers
of such company, and such sum should
be applied upon the four notes whether
due or not. And the policy was not sur
rendered to the company upon any
terms, but the agent assigned the same
to another person. Held, that the con-
tingency upon which the proceeds of the
policy were to -bo appfied on the notes
never happened, and that payment of
the notes could not be held to have been
made, as against one acquiring the lots
from the grantee of the debtor.-De
Clerco ct al. VS.. jackson ct al, Supreme
Court of Illinois.
MEASURE OF DAMAGES.
The measure of damages for the tax
ing of land for public highway is the
difference between the market value of
the property at the time a portion of it
is taken, or the injury committed, and
its market value after such injury. In
estimating the damages for land so
taken, whatever contributes to the mar.
ket value of the property is a fair sub
ject for consideration. Any evidence
which tends to show the facilities which
the opening of the street would give to
the owners of the property through
the same is opened should be admitted.
City of Allegheny VS.. Blacks Heirs,
Supreme Court of Pennsylvania.
CONVERSION OF CHATTELs.
1t is conversion for the vendor OF
chattels, after receiving part of the
purchase price, to sell them to a third
person on the failure of the first pur-
chaser to take them promptly away ut a
time fixed. But if the vendor offers to
return what was paid and the purchaser
refuses to receive it, but in ON action for
damages fails to show that he lost more
by the conversion than he paid, he car
only recover the amount so paid and de.
fendant is entitled TO the costs of the
part of the purchase price is Cancelled
by the vendors wrongful resale of the
goods.-Bowser vs.. Birdsell, Supreme
Court of Michigan.
FELLOw-SERvANTS.
Where by the rules of railroad com
pany the brakeSmen on q train are
placed under the control of conduc
tor, brakeman and the engineer or
such train are fellow-servants, and the
company is not liable to either for ar
injury resulting from the negligence oi
the other.-Pittsburgh, Cincinnati &
st. Louis Railway VS.. Ramey, Supreme
Court of Ohio.
GUARANTOR.
A person making a guarantee Of
s'payment in full" is liable rs guarantol
and not as surety, unless there be some
language used by him in making The
guaranty which indicates that his re-
sponsibility is to be Immediate and no
to wait upon proceedings against thu
original dcbtor.-Seiple's Appeal, Su
preme Court of Pennsylvania.
WITHOUT RECOURSE.
Where a note is secured by q decd O
trust, and the holder indorses it "with
out recourse" such Endorsement carrie:
with it the deed of trust as security
and only exempts the holder from per
sonal liability.-Bell VS.. Simpson, Su
preme Court of Missouri.
WILL.
In constructing wills the intention o
the testator must govern when ascer
tained, and this intention must be sough
for in the language of the will itself
Aid from extraneous evidence is pre-
cluded.-Blanchard VS.. Maynard, Su
preme Court of Illinois.
INSURANCE STOCKHOLDERS.
A stockholder in an insolvent insur
ance company is not liable to an actiol
on an assessment made, on his stocl
notes by the court in a proceeding b,
the creditors against the company i
which receiver is appointed, on tn
petition of the receiver and creditors
where he is not made a party to eithe
proceeding. Such an assessment is no
binding on him.-Lamar Ins. Co. vs.
Gulick, Supreme Court of Illinois.
HUSBAND AND WIFE.
A Judgment confessed by man
failing circumstances to a trustee for hi
wife is pri,raa facie little better than
confession of judgment to himsel
When judgment is taken in the nam
of trustee for the wife against the hui
band, it is necessary for the wife, ;n
contest with the creditors, to establis
that the Judgment was taken 6onn-f1
to secure debt due her which arose OF
of her separate estate, otherwise tt
judg ment is void as against such credi
ors.--Wilson ct al. VS.. Silkmal
Supreme Court of Pennsylvania.
PARTNERSHIP.
Mere delay by one partner in furnisl
ing further capital, according to art
cles of copartnership, is not groun
resembling the partnership contract, O
in case of dissolution, for depriving IL
partner of the right to return of tt
premium paid by him on entering tt
partnership.-Brewer vs.. Yorke, I
LaO Times, 2S9.
MARRIED WOMAN.
A married woman who has signed
promissory note as surety or for the a
commodation of the maker, can not
compelled to pay the debt in an actic
at law.-Kavanaugh VS.. O'Neil, ,Supren
Court of Wisconsin.
CONTRACTS.
Where one contracts to do anythir
which he is not absolutely required to {
in person, sickness will not excuse d
fault.-Smith VS.. Pennsylvania Mutu
1ns. Co., Supreme Court of Pennsylv;
MIA.
ARSON AND INSURANCE.
The insurance of the wife's proper
is not vitiated by the willful burning
the property by the husband witho
her knowledge or complicity.-Per
and wife VS.. Merchants Mutual In
Co., U. S. Circuit Court of Rhode L
land.
MORTGAGE.
A purchaser of real estate which h
a mortgage upon it, who is to pay Il
/ mortgage debt as part of the consider
, ton for the property, is liable to tt
mortgageor for the amount of the deb
, -Bassett VS. Bradley, Supreme Court
Connecticut.
! QUIT-CLAIM DEED.
! A purchaser in good faith for a valr
BILE consideration who requires title
quit-claim deed takes precedence of O
holding under prior unrecorded dee
: of which he had no notice. Nillin
ham vs.. Hardin, Supreme Court of M