The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1884-06-21

Brief Dagestn Of Late Daoisi0ns.
Compiled Specially for the Midland Indus!
trial Gazette, st. Louis. Mol
CUSTOMS DUTIEs--KxeMPTroNs
The question what constitutes such
wearing apparel In actual use'a as Ii
exempted from duty under Section
2505 of the United States Revised Stat
utes, was involved In the case Of Astor
VS.. Merritt, Collector, decided by the
Supreme curt Of the United States
on the 9TH inst. IL appears that the
pla' ntif in error, citizen Of the
United States, arrived at home from
visit TO Europe in the end OF sep
tcmber with his family, and brought
with him wearing apparel bought there
for his and their use, to DO worn d ring
the season then approaching. not cx-
cesstve in quantity for persons Of their
means, habits and station in life, aud
ther ord nary outfit for the winter.
A part oil the articles had not been
worn, and duties were exacted on all
those articles. The Supreme Court Of
the United States, reversing the decis-
Ion OF the Circuit Court for the South
ern District OF New York, held that
the proper rule to be applied In Oh SEES
such rs that under discussion was TO ex-
empt from duty such articles as full
filled the following conditions; First,
wearing apparel owned by the passen-
ger and in condition to be worn at
once without further manufacture; seq
ond, brought with him as a passenger
and intended for the use or wear Of
himself or his family who accompanied
him as passengers, and not for sale or
IN ed fNvs .as,1 &Al,a
sons or to be given away; third, suita-
BILE for the season of the year which was
imm diataly approach ng at the time of
arrival, and fourth, not exceeding In
quantity, quality, or value what tho
passenger was in the habit Of ordinarily
providing for himself and his family at
that time, and coping on hand for his
and their reasonable wants In view Of
their means, habits, and station In life,
even though such articles had not been
actually worm rGdStreet'
sALE--AGREEMENT NOT TO CONTINUE
BUSINESS DAMAGES.
The case of Stafford VS.. Shortreed,
appealed to the Supreme Court of Iowa,
involved an agreement, on the part Of
A., who sold out his business and tho
goodwill thereof to b., not to go into
the same business in the vicinity for
three years, under penalty OF 800.
The agreement was violated and b.
got out an injunction against A.,
which was afterwards dissolved, and
an appeal taken, resulting in tho fol-
low de aision: ut Is to be presumed
that the plaintiff made his contract
with fill KIN wledge OF defendants
financial standing and ability TO dis
charge his o legations. II he had
d ubts upon that question he shou d
have requ red some security to protect
himself against any damages he might
sustain by reason of the defendants
failure TO obs rye his agreement. All
he can have is the ordinary p.oee OF
have an injunction 10 restrain tho de-
iendant from doing business. The
amount the de ondant agre d TO pay is
In III, nature Of liauidated DANA esi IL
can not be regarded as q penalty, be-
cause the actual damages mere must, In
the nature Of things, be subject Of mere
conjecture; they can not be established
by evidence, even approximately"
coNTRAoT-REoIssIoN BY SURRENDER
OF CONTRACT.
The Supreme Court of Illinois In the
case of Ihayer VS.. Allison, holds that
where a purchaser of land having made
o first payment has reserved to him In
the contract the option TO rescind his
purchase at any time he ore the second
payment is due by delivering back 10
the vendor the ontract with an indorse-
ment thereon rel asing him from all OBJ
legation the eunder, the vendor in such
case TO ietain tie payment made; he
may rescind the pur base by surrender
ing the contract TO the vendor and no
81 ying him Of his intention before the
second payment becomes due. In sch
case the Endorsement of his release Of
vendor upon tho contract Is not es-
sent,al to the ri hit to resc nd as the sur
render operated rs u release itslH.
BANK CHECK WHAT rs.
An instrument drawn by depositor
ON bank in the following form, after
giving the date and the name Of the
bank: "Pay to A and b for account of
9 IL Co., ten hundred and ghteen
30 100 dollars and signed by the de-
positor, is a valid bank check and will
operate to transfer to the payees an
amount of the drawers funds, on de-
post, equal to the sum named on its
face. The words ''for account Of g &
Co." do not change its character as q
Court Illinois, case Of
Ridgely National Bank VS.. Patten a
Hamilton.
INTEREsT-oN PRoMIssoRY NOTE.
A note I 81, 900 made in Nebraska
bore twelve per cent. interest from
date" In an action upon this note, It
not having been paid, Il Kellogg VS.. Law
ender, the trial court allowed but legal
int est, seven per cent. from the
maturity of the note to the entry Of
Judgment. The plaintiff appealed TO
the Supreme Court of Nebraska, where
it was decided that the note carried the
interest stated ait, twelve per cent, un-
til Judgment was entered, and then the
legal rate began. 4
DowER-sALE OF PROPERTY.
In the case Of Leevs. James the Court
of Appeals of Kentucky decides that a
widow is entitled to the use of one-third
of the land only for life, and when the
land is indiv sable she is entitled to
one-third the rents. The property can