The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1883-05-31
COMMERCIAL LAW.
Brief Dige.t- Of Late Decision.

COMMERCIAL Law.
Brief Digest- Of Late Deei.isns.
Compiled specially for the St Louis
CosTRACT AGAINST PUBLIC Foley.
A contract for the payment of money to procure
the location of station and depot at a certain
place on a railroad is contrary to public policy, and
void and incapable of being enforced. Money paid
| TO an agent ON a contract which is void, being
against public policy may be recovered by the prn
eipal from the agent The right TO avoid sneh con-
tract is between the parties TO it, and the agent is
not allowed to interpose defense which the other
party declined to avail himself of.
Where director in a railway company took a sub
scrpton payable to himself for the purpose of Sc
curing the location Of station at a certain point
the road and afterwards took the subscribers notes.
which he sold and appropriated the proceeds there
Of and he had induced the contractors of the road
TO locate the depot at the place desired it held
that such party liable for the proceeds of
the notes given him in an action of the contractor,
the proof failing to show that he took the notes
money agent for the cOutractors.-Snell, TAYLOR
q Co. VS.. Pells, Supreme Court of Illinois
CORPORATION LIABILITY.
Where a corporation enters into a contract, and
it has been fully executed side and nothing
poration recovery can be had against the corpor-
alton, notwithstanding the contract may have been
ultra riTes outside of the corporate powers
| Wright VS.. Antwerp Pine Co. Supreme Court of
| Pennsylvania.
| EMINENT DOMAIN AND DAMAGES.
! The Inconvenience of carrying Il farm divided
into two parts by railroad is legitimate element
of damages he considered by the Jury is assessing
damages for right of way, although sueh damages
may be largely eOnjectural and not susceptible of
! anything like definite ascertainment. But damages
| from danger of crossing the road with teams, and
for danger to children and members of the family of
the owner, unreliable and uncertain not to
| form proper basis in the assessment of damages
The assessment should be confined to only such dam
ages a. reasonably prObable.-McReyncldse ct al
VS.. Burlington 4 Ohio River Railroad Company, Su
| preme Court of Illinois.
| HUSBAND AND wIEE-coNFIDENII,L COMMUNICATIONS.
4 husband may prefer his wife in a deed of trust
for the benefit of creditors, he may convey prop
erty TO her absolutely, in consideration and discharge
of debt, in the same way he could in reference to
| n debt due by him to any other party.
1t is common thing in this country for a party
wishing 10 convey his property, TO seek the advice
ofan attorney and for the attorney not only to give
advice, but To act eOnveyancer in the preparation
| of the deed Communications made by client to
his attorney thus employed relating to the subject
I matter about which and for which advice thus
sought, just confidential and just much pri-
yileged as if they were made in reference to a iti-
CATION existing and IN progress at the time.-Crane
! et al vs.. BarkdOll, Maryland Court OF Appeals.
Under the present laws of Illinois all the restrir
tiOns the power of husband and wife contract
with each other, except as compensation for ser
vices for each other, removed, and they
ble,l to sue each other on all contracts except for
such services
The indebtedness of a husband to his wifi, by note
tiOn to support alignment against him by confess
sion in favor of his wife as against his other cre
Mueller Supreme Court of Illinois.
PaErSrRsnr
An erroneous estimate of business profit is not a
GROUND for n rcscssion of "A contract of a partner
ship The neglect of partner to protect the prop
erty of the partnership not ground for rescissi0n
although it would be for dissolution, and the loss if
any, occurring by such neglect may be charged to
the negligent partner.-Whelan Harrison ct al.
b Philadelphia Court Of Common Pleas.
rATEST-SoyELrr DEVICE.
Where patent claimed for an invention for
improvement in street the de vice being
for opening and closing the rear door, and it was
shown a defense to action for infringement
that some years prior to the time when it said
to have been invented another person made a lar
ger sized machine intended for the purpose of open
ing and closing door. similar in all its essential
features TO that upon which the pateut claimed,
and used it during two weeks TO open and close
door, and afterwards not before the date of the pa
teItces invention, this person also made three 9th
similar machines, though of smaller size and
merous persons all these machines in operation,
though the device in some not applied TO
the door of Il EAR, the defence of want of novelty
must be held to have been made ont. and the patent
is vOid.-StephensOn vs. Brooklyn Cross-Town Rail
road Company, United States Circuit Conrt the
Eastern District of New York.
PERJURY.
Swearing a false statement is perjury unless
the matter TO is material TO the isse, question
purpose about for which the statement is
made, unless it is intended and calculated give
probability to material settlement or credbiity to
the affiant.-Cnited States Shinn, United States
Circuit Court for the district of Oregon.
rRoMIssoRN NOTE
l. Evidence that maker of a told the 9TH
or ian accommodation makerl that he wanted the
latter sign the note. to prevent the payees from
making him trouble for embezEement in the of
funds, is sufficient TO justify finding that the pay
received the note upon corrupt and criminal
agreement not to prosecute for such embeZzlement.
!. One who signs an instrument for the payment
Of money only, whether negotiable not, leaving
the amount blank, and entrusts it to another with
authority TO nil the blank with agreed sum, will,
to third persons having knowledge of the limi
tations Of such authority be bound by the of the
person 10 whom the instrument was intrn>ted, al
though he fills the blank with larger snm than
that agreed upon
1t was 50 held whrr, A., a accommo D lation maker
with b., signed note upon the upper left hand
ner of which were the figures sij, but the amount
of which left blank with the understanding that
ID. should I'LL the blank to- make it II note for
sij, and. before delivering the the payee,
and without their knowledge, b. filed the blank
with the words, -four hundred and ffty dollars
and annexed cipher to the figures sij. The figures
in the corner of such note part thereof and
unauthorized change did not vitiate the note
Johnston Harvester vs.. Mclean. Supreme Court Of
Wisconsin.
ACCIDENT INSURANCE
\ provision in accident policy that the insured
shall not voluntarily expose himself danger yO-
lated when he leaves a railroad train while is
ding on bridge at night. such act is also con
trary to u clause forbdding him to be a railroad
track or bridge. although it he shown that he was
only momentarily there. having fallen through
hole into the river Immediately upon stepping out
of the car.-Burkhard Travellers Insurance Com
pany, Philadelphia Court of Common Pleas.
AGENCY.
Agency cannot he implied without proof that the
principal knew that the alleged agent was acting
for her, or unless she ratified his acts.-Creighton
Keith ct al. Philadelphia Court Of Common
Pleas.
AGENCY To BTT WHEAT.
An agent to buy wheat other grain must in or
der bind his principal. who furnishes in advance
the funds to make the purchases, buy for cash;
less he has express authority, proof of the
tom of the trade, TO buy credit such agent can |
not bind his principal by purchase upon credit of
person who is ignorant of his real authority be-
tween himself and his principal.-Kamarowski vs.. |
krumdick. Supreme Court of Wisconsin.
ASSIGNMENT FOR CREDITORS
An assignment for the beneft Of creditors which |
prefers the claims of certain creditors is void
der the laws of Missouri because OF such preference
but inures for the benefit of all the creditors Ii
will be treated assignment for the benefit Of
creditors generally.-Martin Hausman, United |
States Crrnit Conrt, Western District of Missouri.
ETILDING ASSOCIATION.
Depositors in building association-both those |