The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1884-12-04
COMMERCIAL LAW.
Brief Digests of Lato Decisions.

| COMMERCIAL LAW.
Brief Digests of Lato Decisions.
Compiled Especially for the Midland Indus
trial Gazette, st. Louis. Mo.
| CARRIERS ELECTROMAGNETIC
LINES.
The case of the Texas Express Com
pany VS.. the Pacific Express Company,
recently decided by the Supreme Court
| of Texas, involved liability for a valise
lost in transit, and for which a receipt
was given which read as follows: Re
ceived of j. W. Dupree one valise,
valued at $500, and. for which amount
the charges are made by said company.
marked j. W. Dupree, TO be forwarded
to Grandview, Tex, and there deliv-
cred. >" The receipt, also contained a
provision authorizing the contracting
company to deliver the valise to any
connecting carrier, and exempting it
from any loss which might occur after
such delivery. The Court, in its opin-
ion, held that the company could con-
tract to carry the valise beyond its own
line of road, and that having done so
it could not legally stipulate that it
would not be liable for loss except on
its own lines, but hat it was respon-
sible for the negligence of the con-
Meeting lines.
CONTRACT SALE-POSSESSION.
A factor OF an owner of cotton agreed
to sell it for cash to the agent of a firm.
1t was weighed and the price agreed
upon. 1t was to remain in the ware
house of the factor until the next morn
ing, when it was TO be paid for and
turned out for shipment. The bill con-
tanning the cotton, with its price, was
handed to the purchaser, and he in
dorsed upon it 20. X" and signed his
name. During the succeeding night
and before the time had arrived for the
payment of the money for the cotton.
the warehouse in which it was stored
was burned and it was DESTROYED, and
the seller sought to recover the value
from the purchaser, finally carrying the
cause, Gum VS.. Knoop Freirichs & Co.
to the Supreme Court of Georgia,
which affirmed the judgment of the
lower court, holding that the title to
the cotton as well as its actual posses
sion remained in the seller, and he
could not recover its value from the
purchaser.
ASSIGNMENT NOTES. WE
Where an assignee holds notes ma
turing at different times he must, ac-
cordink to recent decision of the Ken
lucky Superior Court, in order to pre-
serve his recourse to the assignor, pur-
sue his remedies on each note as it ma
lures if all are secured by lien. Where
all the notes are secured by lien, and
the assignee has the property sold,
which was in lien, and it does not
sell for enough to pay the debts in full,
to the court, the assignee
can not appropriate the money arising
from the sale to satisfy any of the
debts as to which the recourse may be
lost, but must first apply it to the
debts as to which there is recourse,
and he can only recover from his as
signors such part of the consideration
paid for the assignment as is left after
such application.
CARRIERS LIABILITY To DE-
LIVER.
The Texas Court of Appeals, in the
case of Texas q Pacific Railway VS..
Martin, involving the liability of COM
mon carrier for the failure to deliver
part of the goods intrusted to him.
laid down the following rules upon the
subject: /. Where carrier fails to
deliver goods within reasonable time
such failure will not of itself amount to
a conversion, but only breach of con-
tract, and the owner can not refuse to |
receive them. =. Where the case is |
)ne of total failure to deliver part of |
The goods the shippers can refuse to
receive the remaining damaged goods |
upon any terms, and can recover the |
value of the whole. 3. The under |
.aking to transport goods to particu-
ar place includes the duty to deliver
hem safely, and the carriers response
'ility continues until due delivery has
)een made.
RELIGIOUS CORPORATION-ORGA
TION, ETC.
The articles of association of reli-
ender the organization of such corpor-
Ition legal under the statute, but when
his is omitted, and the association,
the organization legal for a
period of more than ten years acts as a
in buying and selling real
state, receiving and paying out mon
", and mourning and collecting debts,
he defect is cured, and the corpora
ion will be presumed to have been le-
ally organized. - Congregational
church, Ionia, VS.. Weber, Supreme
'ourt of Michigan.
AILROAD-APPLIANCE FOR SAFETY OF
SERVANTS.
1t is the duty of railroad corpora
ion to adopt all such means and appli-
noes for the safety of its servants as
yperience has demonstrated to be nee
ssary and can safely be used. But the
urden of proof is upon the plaintiff
'ho charges negligence for not adopt
lg certain device. to show from a
1rvey of the whole field that the
leans of protection could safely be
dOpted and that it afforded the desired
in one direction without the
of new perils in another
ppellate Court, Third District of Hi
DIS.
ON-DESIGNATION-F
JURISDICTION.
Where corporation, doing business
a State other than that of its resi-
ance or creation. in comDliance with q