The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1884-10-17
COMMERCIAL LAW.
Brief Digests Of Late Decisions.
Compiled Specially for the Midland Indus
trial Gazette. st. Louis. Mol

compiled Specially TOR the Midiand inurS
trial Gazette. st. Louis. MOL
| ENDORSEMENT.
/ A certificate on the back of note by
the maker (who was also the payee) Of
the nature of the consideration and OF
his own property and financial ability
was held not to prevent his signature
to such certihcate from having the force
OF an Endorsement so as to make the
note negotiable and to transfer the
title to a bona fide holder for value.
Dunring VS.. Heller. decided BY the
Pennsylvania Supreme Court. Regard
ing the words over the endorsements the
court said: ave now think the words
over the Endorsement amount to a con-
tract. They contain statement az to
the indorser's pecuniary responsibility
and the consideration of the note. fs
was unnecessary and perhaps foolish
for the maker to put all this over his
signature as indorser, but he has done
| it, and as it does not vary his contract
! as maker and indorserwe are unable to
say as matter of law that the note was
not Endorsed as required by the COM
mercial law.
FRAUDULENT REPRESENTATIONS.
In the case of O'Shea VS.. Kohn, re-
Gently decided by the Supreme Court
| OF New York, it appeared that the de-
PENDANT obtained beef of plaintiff upon
the false representation that he was a
member Of certain firm, which firm
was dissolved before the sale in con-
troversy, and that fact was concealed
by defendant from plaintiff agent, and
the court held that a fraudulent Dur-
chase of the beef was made out en-
titling the plaintiff to an order of ar
rest. 1t was no answer TO the right of
plaintiff to maintain such an action
that worthless check of the defend
ant had afterward been given for the
purchase price, nor could defendant
escape liability from the TACT that the
sale was made on Sunday.
TENDER-To STOP INTEREST MUsr BE
KEPT GOOD.
In the case of Angler VS.. CLAY ct al,
carried to the Supreme Court of Hi
nois. that body rendered an opinion
holding that a tender of the amount
due by the purchaser for land to his
vendor, who is not in q position to
make clear title according 10 his
bond. by reason of an incumbran on
the premises sold, to be available to
stop the running of interest alter such
a tender must be kept good. To have
that effect, the tender must be Kept in
money at all times ready to be pail,
and subject to the order OF the creditor
at any time when he shall comply with
his contract SO as to be authorized to
receive it.
FIRE INSURANCE-CHATTEL MORTGAGE.
Where the amount secured by pol
icy of fire insurance upon AS goods,
running to A, is made payable to b, as
his interest may appear THAT int rest
being represented by a chattel mort
gage, and loss occurs, a creditor OF
a may properly garnishee the iDsur-
an money in the hands of the insurer,
and the garnishment proceedings. into
which b has come as claimant"
such creditor may properly attack and
call into question BIS mortgage being
fraudulent and void as to AS creditors.
So held by the Supreme Court Of Min
neSota.
PAYMENT By MIsTAKE-RECOyERY.
The Supreme Court of Pennsylvania
holds that money paid under "a bona
fide forgetfuinesS OF facts which olsen
title the receiver TO receive it. may be
recovered back. 1t is no bar to recov-
cry that Sne paying money under q
mistake o, the fact had the means of
knowledge of the fact. unless he paid it
Intentionally, not choosing to investi-
gate the facts. ,. Therefore a princi-
pal has no ground for o3,ecting to the
repayment BY his agent OF money re-
ce.Sed under such circumstan e..
MASDAMUs.
The remedy by mandamus goes only
to the enforcement of duties. minister
ial in character, incumbent by law upon
the person or body against whom it is
invoFed. in the performance of which
there is no clement of discretion lett.
1t does not create or confer power upon
the person or body TO whom it is di-
rected. but merely commands tine exer-
else of powers already existing. It
does not lie to compel the performances
of an act which without its mandate
would be unlawful. Court of
Virginia.
CONSTRUCTION OF DEED.
According to a recent decis Oil of the
Maryland Court OF Appeals where q
STdttOE zuScS tue WotuS tic ucSCcusl-
ants of any deceased child to take
the part. share or portion which it or
their parent would. if living, be en-
titled to. to be then conveyed. assigned
aod delivered over to the sa eh ldren
and their descendants IN manner afore-
said" the grant includes descendants
of children, and is not limited to chill
dren as would be the case if the word
SURVIVOR only were tsed.
Observation-Disclosures OF LOSS-JOINDER
OF COMPANIES.
Wher1 two insurance compan'e s join
in issuing poll y against loss by fire,
in which the several liability of each is
distinctly set forth, and loss occurs,
they may be joined as defendants in an
act on to recover the loss, and notice
of such lcs-, addressed TO one of such
companies. but delivered to the agent
O both, is ,uiva.ent to notice to both.
Supreme curt of California.
SEPARATE ESTATE.
" hen q married woman having sep
arate estate makes note for her own
benefit, the presumption is that she in
tended to hind such estate; and that
presumption is not DESTROYED BY the fact
that the payee of the note requires her
to keep the property. on which the note
is lien. insured. -hentdcky Court of
Appeals.
TENANTS IN COMMON
The Supreme Court of Norh Caro-