The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1883-11-16
COMI(RRCIAL LAW.

COMMERCIAL LAW.
nrise piesses Of Late Deciaions.
conpiled Specially for the St Louis CONNER
cial Gazette.l
MORTGAGE ON CROPS.
A mortgage on growing cotton crop
given for advances used in making it,
icing transferred before the maturity
IT the debt. might operate so that on
he subsequent delivery of the cotton to-
The MORTGAGE without notice of an as
ignment. the legal title would inure to.
he assignee and ne might maintain suit.
for a subsequent conversion of the COT
;on by the motgagee, or, waving the
1ort, might recover the proceeds of sale.
But if the mortgagee deposits the cot
3on in the warehouse and has 1t sold on.
his own account, and gives a merchant.
IN order on the warehousmen in pay
ment for goods bought, and the mer--
chant receives the money in ignorance.
Of the mortgage and its assignment, the.
assignee can not maintain an action .
against him for the money so received.
-Rice & Wilson VS.. Jones & Brother.
Supreme Court of Alabama.
TELEGRAPH MESSAGE.
The sender of message is entitled on
the presentation of his message and the
payment to the telegraph company of
the compensation established by it for
its transmission, to have the same trans
mitted through its electric wires within
3 reasonable time for electric transmits
sion, and the company is bound TO fur
nish all necessary facilities for such
transmission; and any difference which.
may arise between the company and its
employees in respect to their employ
ment are subjects with which the sender
has nothing to do. For the companyto to-
refuse to accept a message, save upon
the condition that it is subject to de-
lay," is tantamount to an absolute re-
fusal to receive and transmit message
Bnd is illegal Marvin ct al. VS.. W. U.
Tel. Co., District Court, City of New
York.
ACCIDENT INSURANCE.
Stepping off the platform through a.
hole left in the floor of bridge for re-
pairs is not voluntary exposure to
unnecessary danger" within the mean
ing of an accident insurance policy. when,
the train had stopped on the bridge on.
dark night, and the hole was not Wis
ible, and the assured had no notice of
nor reason to apprehend such danger
Exposure to hidden danger without
any knowledge of it does not constitute
a voluntary exposure to it. Neither does
such act violate a condition of the policy
against walking or being on the road
bed or bridge of any railway" The
intent of this language is to exempt
from responsibility for injuries to the
assured by trains moving thereon, and
not to avoid liabilities for injuries re-
sulting from being on bridges unsafe in
Observation-Disclosures, VS.. Travellers
ms. Co., Supreme Court of Pennsylva-
MIA
NAyIGABLE STREAMS.
The obstruction of the navigation of ar
public pavigable river is public nuts.
ance which a court of equity will enjoiD'
or restrain at the instance of citizen
who is suffering or who will suffer ire
parable injury. Every stream which
in, its natural state and with its ordinary
volume of water is capable of being used
for the purposes of commerce, of trans
portation of the products of the fields
forests or mines on its banks, in mar
ketable condition, is public for the pur-
poses of navigation. 1t is not necessary
that the ordinary state of the waters
should render them navigable continu--
ously and at all seasons of the year
Walker VS.. Allen, Supreme Court Of
Alabama.
ASSUMING MORTGAGE:
B, the grantee, takes conveyance Of
real estate from A, the grantor, incum-
bered by mortgage between parties who
are strangers to the conveyance, and
for the payment of which A, the grant
or, was not personally liable to the
mortgage. h, in the conveyance to
him. though he did not sign the deed
accepted the same containing a clause
stating that he, the grantee, assumed
the payment of the mortgage as part Of
the consideration for the conveyance.
The mortgage was all signed to c, who
brought an action ON the assumption
clause in the deed. Held that he was
entitled to recover against b on such as
sumption clause.-Dean vs.. Walker, Su--
preme Court of Illinois.
SATISFACTION OF MORTGAGE.
Where a mortgage of land indorses
satisfaction upon the mortgage and in
trusts it to the possession of the mortga-
gor, pursuant to an agreement between
them, and the mortgagor, being in pos.
session of the lands, sells and conveys
them to another person, to whom he
shows the acknowledgment of satisfac--
ton Endorsed on the mortgage, and who
pays the purchase-money without no
tice of the agreement, the mortgage can
not be established and enforced against
such purchaser.-Turner VS.. Finn, SUI
p-eme Court of Alabama.
REFORMING CONTRACT.
To reform q contract or correct mis-
take in one is to change the language Of
it in some important particular concern
ing the subject matter or the parties
thereto. When reformed, as compared
with the contract contained in the inn
perfect or erroneous writing, it may be
said to be new one, but in fact it Is
the only true contract between the par
ties.-Spare VS.. Home Mutual Insur
ence Company, United States Districts
Court, District of Oregon.
LAND LIEN.
Where q party who procures q LOAF
promises to execute a mortgage on his
land as security therefor, and subse--
auently conveys the lend to another as
security for certain claims, the lender
NAV, upon payment of the amount oil
such claims, have the amount loaned.
by him made lien. upon the land, tc
be inforced, if necessary, by sale
vs. Griffith ct al, SUI