The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-06-26
COMMERCIAL LAW.
Briof Digests OF Lato DocIsIons.


coNsIGNMENT or Goops--ATTEMPTED
FRAUD or BUYER--REPLEyIN BY CON.
SGNEE, @
Wagons were made in Cincinnati and
then sent 10 Michigan The bin OF lad
ing 10 tho purchaser was attached 10
the DRAFT sent 10 the local bank for coll
lection. The purchaser applied to the
bank for leave to examine the wagons,
and then removed them 10 his store,
where he undertook to sell chem. Tho
President OF the bank attached the goods
In the namo OF makers, but It being
shown that this was done without Az
thorlty, the suit was discontinue the
attachment dissolved and the property
returned TO the purchaser. The lank
Then paid the draft and brought an no.
tion OF ropoyln, aud upon that got
Judgment I he purchaser carried the
case to the Supreme Court, where tho
Judgment was Affirmed. Judg Camp
bell, In the opinion, said; "lhe
payment of the draft WAS not mado
upon behalf Of the defendant,
and we sc no reason why the
bank has not tho same right nov that
II would have had II the draft had been
cashed by Il on receipt, II represented
the debt on the payment OF which tlG
bank was authorized ~ deliver the
property and il was practically
baileo OF the property % obtain the pay
ment aud hold II uni paid We III nix
that whether tip ID the makers OF tho
dr0 I'm advance or no could not con
Germ the defendant who could pot law
luIly nod the property sold against il
on the manufacturers of the wagon, In
our opinion the transaction Is such rs
TO give the bank MI the rights the own
or' OF the wagons had In them, Such
dealings can not be subjected TO any
technical nlcetiGs, but must bo dc ided
on common sense grounds, Wv est
Mlchie0n Savings Bank Vs. Howard,
supreme Court Of Michigan,
TRADE MARK K--INJUNCrIONs-UsE OF
LIKE NAME.
Manufacturers of hair pins did busl-
ness under lho name of b, H. lQylcr n
Co, and the pins wore we'll known aud
had n ready sale rs I'D. T. IayIpr's
Hair Pins and us D, T. Iayler ~ Co.'S
Hair Pins, and the device on the pack
ages, VIII oh were made mp In pin and
yollow papers were exclusively used by
them, Other persons who also made
hair pins, got the use Of the nQmo Of
one lo B, Taylor % put on their wrap
pos and printed on them "L, B, Iay-
lor X Co. adding the words "Chc h.
lrc, Conn, and using tho same col.
orod papors, In q suit brought for an
Injunction 10 restrain The latter the Il.
preme Court Of rrors, OF Connect ui
decided In iayoroi the plaintiffs, Julgo
Pardoo, In the opinion, said Though
the defendants opted the label and
device and used the col0rod papers In
good faith, believing that they were
not Infringing plaintiffs rights, vet
On Injunction must be- granted, lur.
chasors who read tho entire trNde-
mark could not be mislcd, but il
Is matter Of common knowledge
that many persons arc In a greater
or less degree careless and unwary In
the matter OF purchasing arlic cs for
thcIr own use, stu, their patronage Is
not for that reason less profitable lu tho
manufacturers and whom such persons
ha q knowledge Of the good qualities 4
the pOin'iJs hair pins an dosrc TO
pur haso them the law VIII not permit
the defendants % mslca ,hom. Now
tbo use Of Ike nNuc, viii h was pur.
cha cl so.olN for use In ,h connection,
with The uihorNd uucts ore VOL aou-
lated 10 do c. these arrlo0 and W-
wary purchasers. To the serious injury
.ho pIOutO q, and they should hayt Tho
injunction thoy 0sk for
sALG-wAuNSY on THING SOLD.
A bought from q. two hore, sud
they dIOd ot spanish fc CT OF raps
mnngo He sued urou MI alleged war.
rNnty that the horse, were "Nll night,
sound aud free from disease, " aud ho
complained that thoy were infected with
the disease oil which they died won
they were delivered ~ him The dc-
tndant said that he had only OK.
pr sscd on opinion ~ TO the health Of
the animals The plalnliD wag beaten,
aud ho carried thc Judgment 10 tho
uprcmo Co rt OF NCbra ,kN, whore no
WOs aFOln doIcutod, The Che JUS
bttt IUhVi w lNN uplhlunt thlui I'm
determining whether warranty was
intended tobo ghon a decisive test Is
whether the vendor asgu gcs 10 ussort
n iaot OF which the buycr Is ignorant,
or moroly s,alcs on opinion or judg-
mcnt upon matter OF which the ycn-
dor has no special knowledge and IN
which tho buyer may bc oXpo tod also
TO have an opinion, and TO exercise his
judgment Whom the language OF tho
warranty Is such that il amounts un-
gucstonably 10 warranty It's legal
eject can not be- defeated By any
secret Intention Of the seller, and
whcru the evidence bears NJ duu.t
of the legal force OF the rcprc,cuta-
ton tho court may and should do-
clare rs clloct but should thorc 10 u
doubt the Jury must determine tho
meaning and olloet OF tho Words
LIABILITY ruR INJURY,
l.. d G, were the owners Of 2uOpIecvs
Of timber which they caused thoIr
servant 10 Pile on vacant lot u such
u munnor that the top OF the pile foil
a.