The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1884-03-01
COMMERCIAL LAW.
Brief Digests Of Late DecEalons.
Compiled Specially for tho Midland Indus.
trial Gazette, st. Louis, No.
sLEErlNG-cAR COMPANY,

| oA@nhA ARNU-CAR COMfANIs
A sleeping-car company operating
and running sleeping coaches over rail-
roads by force of law and independent
OF contract, owes duties to the public as
q common carrier. One duty Is that IL
shall treat all persons whose patronage
it has solicited with fairness and with
out unjust discrimination; and 1t Is liza
Bile for breach of such duty to the party
injured thereby.
Where passenger who. under the
rules OF such company, is entitled to
berth upon the payment or tender
OF the usual fare, and to whom no per-
sonal objection attaches, enters tho
company's sleeping at q proper time
for the purpose of securing accommoda-
ton, and in an orderly and respectful
manner applies for berth, offering to
pay or rendering the customary piice
therefor, the company Is bound by law
to furnish IL, providing It has a vacant
one at Its disposal. "
II a berth in a sleeping-car is engaged
the passenger implicitly agrees to con-
duct himself In n quietand orderly man
ner, to take proper care Of the berth
while In his possession, and to give up
the same at the end OF his Journey, and
the carrier company implicitly stipulate
to use all reasonable and proper means
to preserve order and deeorum In tho
sleeper, TO furnish and to keep on hand
such appliances and oonveniences as
are usually found in like Shoppers, and
as are necessary to the health, comfort
and safety of the passengers; and also
to permit the passenger to quietly and
peacefully occupy his berth for the timo
engaged. -Nevin vs.. Pullman Palace
Car Company, Supreme Court Of Ill.
INSURANCE AGENT.
Agents for an insurance company au-
thon2ed to procure applications for in
surance and TO forward them to the
company for acceptance, must be
deemed the agents Of the insurers in all
that they do in preparing the applica-
lions or in any representations they may
make as to the character or effect Of the
statements therein contained Hence
when such agent, either by his direc-
tions or direct act makes out an Appli-
cation Incorrectly, Notwithstanding all
the facts are correctly stated to him by
the applicant, the error is chargeable 10
the insurer and not to the insured. This
is the ru4e In the case Of amutual' as
well as ''stock'' or ''proprietarv' COM
panies. The rule Is not affected or
changed by stipulation in the policy
subsequently, issued that the acts OF such
agent in max ny out the application,
shall be deemed the acts Of the insured
and not OF the insurer. Such stlpula-
ton does not convert acts done for the
insurer into the acts OF the insured. $50
Kansel VS.. Minnesota Farmers Mutual
Fire Insurance Association, Supreme
Court Of Minnesota.
TRUSTEES sALE.
Where trust deed given to secure
the payment of note with interest
provides that on default of payment Of
either principal or interest, the trustee
may sell the premises conveyed on Civ
ing twenty days notice Of the time and
place Of the sale in any daily newspa-
per Of the city where the property is,
and valves any personal notice to the
makers Of the deed, and before such
sale Is made the makers have sold and
conveyed their equity of redemption to
q third person, the fact that no personal
notice Of the time and place Of the sale
Ks given to the makers of the trust deed
Is no ground on which to have tho
trustees sale set aside.--Cleaver ct al.
VS.. Green ct al, Supreme Court of III.
PRoMIssoRY NOTE.
A promissory note containing pro-
vision in these words: "And In case OF
legal proceedings on this note, agree to
pay ten per cent. of the amount for at
torney's fees" is negotiable under the
law merchant. Makers of promissory
notes may make stipulations affecting
their liability and the remedies to be
taken against them in case Of dishonor,
and after maturity, without destroying
the negotiable character OF the notes. A
note in the usual form TO which is added,
"Waiving right OF appeal and all valu-
alton and exemption laws" is negotia-
vs.. Anderson, SUI
preme Court Of Pennsylvania.
oUPMENT--RAILwAY DAMAGES.
In suit 10 recover the purchase
money Of land sold and conveyed by
warranty deed, over which land rail-
way company has O right of way To-
Gated, the defendant Is not entitled to
recoup damages to be measured by the
value of the right Of way to the COM
puilJs VI Wy Jhc pIOpoibiOn VI INC put
chase money represented by the land
embraced in the right of way, without re-
gard to the special benefits resulting 70
the residue OF the tract from the loca-
ton Of station or depot on the land,
or other benefits special to the land sold.
-Wadhams vs. Dickey, Supreme Court
Of Illinois.
ORAL SALE OF HOUSE.
The oral sale of house which is
treated as personal property, to be paid
for in work and material ON demand
when the purchaser goes into actual
possession Of the house, is not within
the statute of frauds. When such facts
are set up in an answer as n defense
and counter claim, evidence Of such
sale is admissible. -Snider VS.. Thrall,
Supreme Court, Wisconsin.
TRUST AND STATUTE OF LIMITATIONS.
AS long as fund is held professedly
and admittedly as trust, no lapse OF
time preeludes the beneficiary from
claiming it. But the moment there is
some breach of duty or adverse claim
by the trustee, the statute Of limitation
begins to run.-Campbell, Administers