The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1883-12-22
COMMERClAL LAW.
Brief Diwessa VI Late Decisions.
Complied Specially for the ST. Louis comner-
clal Ga1ette.l
MORTGAGE ON CROPS.


A mortgage on growing cotton crop
given for advances used in making 1t,
being transferred before the maturity
Of the debt, might operate so that on
the subsequent delivery of the cotton to
the mortgagee without notice Of an as
signment, the legal title would inure to
the assignee and he might maintain suit
for a subsequent conversion OF the cot
ton by the motgagee, or, waving the
tort, might recover the proceeds OF sale.
But If the mortgagee deposits tho cot
ton in the warehouse and has 1t sold on
his own account, and gives q merchant
an order on the warehousmen In pay
ment for goods bought, and the mer-
chant receives the money In Ignorance
Of the mortgage and It's assignment, the
assignee can not maintain an action
against him for the money SO received.
-Rice q Wilson VS.. Jones " Brother,
Supreme Court of Alabama,
TELEeRAPH MESSAGE.
The sender OF message identified on
the presentation Of his message and the
payment to the telegraph company OF
the compensation established BY y for
its transmission, 70 have the same trans
mitted through its electric wires within
reasonable time for electric transmits
sion. and the company Is hound 20 tuF-
nsh 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 company TO
refuse to accept message, save upon
the condition that il Is subject to de-
law Is tantamount TO an absolute re-
fusal to receive aud transmitA message
and Is illegal Marvin OF al. W.. w. u
Tel. Co., District Court, City Of New
York.
ACCIDENT INsURANCE.
Stopping off the platform through Q
hole left in the hoor Of a 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 q hidden danger wathou
any knowledge Of II does not constitute
voluntary exposure to It. Neither does
| such act violate q 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
themselves. Burkhard, VS., Travellers
ms. Co., Supreme Court Of Pennsylya'
mia.
i ASSUMING MORTGAGES; IA
b, the grantee, takes conveyance ol
real estate from A, the grantor, incum.
bered by mortgage between parties who
are strangers to the. conveyance, ano
| for the payment Of which A, tho grant.
or, was not personally liable 20 tnt
mortgagee. b, in the conveyance g
him, though he dld not sign the decd
accepted the same containing CLAUSE
stating that he, the grantee, assumed
the payment of the mortgage as part o
the consideration for the conveyance
The mortgage was all signed TO G, whit
brought an action on the assumption
clause in the deed. Held that he wa
entitled to recover against B on such rs
sumption clause. Dean VS.. Walker, Su
preme Court Of Illinois.
LAND LIEN. 8fag1
Where party who procures LOAF
promises to execute mortgage on HI
land as security therefor, and subse
quently conveys the land to another o
security for certain claims, the lende
may, upon payment Of the amount
such claims, have the amount loane
by him made lien upon the land,
be inforced, II necessary, by Q sal
thereof. -Walsh VS.. Griffith ct al, 81
preme Court of Iowa.
INouMBERING HOMESTEAD.
A mortgage or other alienation Of I'll
homestead, when the owner Is q ma
ried man. Is nullity, without the vo
{ untary assent and signature OF the vii
r evidenced and certified, in complinnt
: with the statutory acquisitions, b
such acknowledgment and certiilca
!. may be made after the execution Of Il
: deed, and become valid and bindir
]. from that time forth. Hood VS. Powell
/. Supreme Court OF Alabama,
Q sHERIFF's SALE.
9 Notice given at OF prior to a sheriff
SAFE hIeCI5 blic puICHh7cls q ~ aOSe% =.
be given to the Judgment creditor pri
. to the entry Of tho Judgment. The pu
Is chaser is bound by such facts as
= would have learned by inquiry Il
ot quiry had become duty. '
rs Swackhammer, Supreme Courtof Pen
y sylvania.
- FENCING PUBLIC LANDS.
"a A bill in equity for an injunction "
,v lie to abate fences already unlawful
~ ~ built on unoccupied sections Of. the pu
sv lie domain, and to restrain the unlawi
~. building Of fences on ike unoccupi
,ir sections of the public domain. Unit
es States VS.. Swan ct al, District Court
NJ Wyoming Territory.
at FRAUDULENT CONVEYANCE.
lts A voluntary conveyance to q trusi
V for the benefit of the grantor's wife a
children is not fraudulent against
2; creditor whose claim was at the III
r. Z, amply secured by mortgage. The 4
OF that the mortgage security is sub
'rs quently lost by the creditors ZACH
us does not make such conveyance franz
III, Stenhepgon ct al. VS. Dopahut