The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1883-07-21
COMMERCIAL LAW.
Brief Dlgests OF Late nsoisions.
Compiled Specially for the St. Louis CONNER.
cial Gazette.l

Brief Digests of Late decisions.
Compiled Specially for the ST. Louis CONNER
cial Gasette.l
COMMON CARRIER.
When common carrier receives
cattle for transportation it Is his duty to
carry them to their destination within
reasoable time, and for failure
through gross negligence to do so, an
action will lie, whether the shipment
was made under special contract or
not. In such a case the owner of tho
| property has right of action inde-
| pendent of any contract he may ksye,
and he is not bound to sue upon his
contract or to set 1t out in his declara-
ton. While nothing but the act of
God or the public enemy will excuse
carrier from the ultimate delivery of
property intrusted to his care, he is not
to the same extent liable for every delay
in reaching the point of destination.
A carrier Of livestock Ia not RESPONSE
BILE for injuries resulting from what is
termed their own proper vices" and
especially is this so when by the ship
ping contract the owner or his agent is
obliged to accompany them and take
the care and oversight of them while in
transit.-W., ST. l.. Il p. r. X. Go. VS..
McCausland, Appellate Court of Illi-
uois.
ACCOMMODATION MAKER.
A married woman signed note in
blank and gave 1t to her son, ito be
used as he liked.n He filled IL up for
81 200, signed it and transferred It to
the plaintiff, who was not made aware
of the circumstances under which IL
had been signed. IL was renewed
twice without the married woman's
name, the original note remaining in
the plaintiffs hands. Held, that the
married woman was surety in respect
of the note for her son, and that the
authority to the son as to using the
note did not extend to keeping It ahoat
after maturity without her knowledge,
and that she had been discharged by
the extension of the time for payment.
-Devanny VS.. Brownlee, Ontario
Court of Common Pleas.
HOMESTEAD.
| A homestead exempt from execution
under the laws of a State will be held
exempt even as to q debt due to the
United States. VS.. O'Neil, SUI
premo Court Of United States.
An actual removal from the home
stead and residence elsewhere for many
years. with the exercise Of the right Of
suffrage in the place of removal and
repeated offers to sell the homestead,
will constitute an abandonment, not
withstandng the claimant testifies that
his intention was to retain the place as
n homestead until he could exchange 1t
for another, and never intended to
abandon it.--Cotton vs.. Hamil, Su-
prcme Court Of Iowa.
MENTAL ABILITY FOR MAKING WILL
A man of sound mind and dispOsing
memory is one who has full and in
telligent knowledge of the act he is
engaged in, a full knowledge OF the
property he possesses, an intelligent
perception and understanding of the
disposition he desires to make Of IL, and
of the persons and objects he desires
shall be the recipients of his bounty.
1t is not necessary that he collect all
these in one review. II heunder stands
in detail all that he Is about. and
chooses with understanding and reasan
between one disposition and another,
it is sufficient for the making of will.
Wilson ct nj. W.. Mitchell ct al, Su.
preme Court of Pennsylvania.
FIRE INSURANCE.
The insurance Of household furniture
and wearing apparel contained in"
certain house is a warranty which must
continue true during the life OF the poll
ey. The warranty Is not broken by
temporary removal in pursuance of u
customary use, but permanent removal
to another house is II breach Of warranty.
| The words contained i'm are not
merely descriptive but from the nature
of the contract are warranty, since it
is manifest that the terms of insur-
ance are regulated by the location. -
Lyons ys. Providence Washington In
surance Company, Supreme Court of
Rhode Island.
RAILWAY TICKET.
Where it is expressed in terms upon
railway ticket that it is not good unless
FUSED" on or before a certain day, q
presentation of the ticket and its ac-
ceptance by the conductor before mid
night Of that day, although the journey
is not completed until the next morn
ing, will be held to be compliance
with the condition. Where the terms
of railway ticket bind the passenger
to continuous journey, such require
ment is fulfilled if the passenger com-
mences his journey at an intermediate
point. VS.. N. Y. G. Il II.
River r. r.. Co., New York Court of
Appeals.
CHATTEL MORTGAGE.
The intention of the parties to chat
tai mortgage that aSter-acquired prop
crty of the mortgageor should be includ-
I'd in the mortgage must clearly and
expressly appear in the instrument
Itself. The omission can not be cured
by parol evidence of the understanding
between the parties. Montgomery VS..
Chase, Supreme Court Of Minnesota.
FIXTURES ON LEASED PREMISES.
i A tenant for years who erects fixtures
for the benefit of his trade or business
-. Il 4