The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1884-08-09
COMMERCIAL LAW.



Brief D1geats of Late Decisions.
Compiled Specially tor the Midland Indus
trial Gazette. St. Louis. Mol
sALE--PLAoE OF DELIVERY.
Hardware merchants at Minneapolis
agreed to sell and deliver to a resident
OF another town in the State a quantity
of glass. The merchandise was not on
hand, but had TO be bought in st. Louis.
Tho evidence as to the place OF delivery
was conflicting; that of the vendors,
that the glass was to be put on the cars
at Minneapolis. and that OF the pur-
chaser, that il was TO be delivered TO
him at bis town. In tho trial of the ac-
ton brought by the merchants TO res
| cover the price Of the goods, the Court
charged the Jury; g he burden OF proof
was upon tho defendant to show that
the glass was to be delivered to
him at the place of his resi-
dcnee The defendant carried the
! Judgment, which was rendered
against him in the case to the upfeme
Court, where an afilrmance was had.
Judge Mitchell, in he opinion, said:
"There was no error Ia the charge. II
no lace be designated by the contract,
the general ru is tn 1.-THE articles sold
are TO be delivered where they are at
the time OF sale, This is rule of con-
stguc ion predicted upon the presumed
| understanding OF the parties when
making the contract. This rule Is not
| changed by the fact that the eudor
does ct have o goods ut the place Of
sale at the time the bargain is made,
but m st procure for delivery. oIcn-
TALLY and pr spectiyely the goods were
us II then laced in the STORE Of the
vendor. -'ennyvs. Sleeper, supreme
curt of Mime. Ola.
EXAMINATION or TITLE--LIABLIrY or
ATTORNEY.
A applied TO money lender for
loan Of $1,000 and Offered his note
there or, secured by mortgage on cer-
tain real tae property; b, the attur-
ney of the money lender, exam ned the
t tic 10 the real propo ty, and iurnlsh-
ed the latter certiii ate to tile Of
ect that BIS title was good and the
property unincumbered and tn re ore
the loan was made on the terms pros
sed; subsequently, and before The
maturity Of the note, 1t was assigned 10
tie lantiii, who foreclosed the mort
gage and sold the property, whe IL
was found that it was incumbered by u
prior mortgage, so that the plaintiff
did not reali the amount OF his debt
and brought suit against A TO recover
In deciding this case, Dundee Mortgage
and Trust In estment Company vs..
Hughes, the United States Circuit
curt, District Of Oregon. held that
there was no priority OF contract be-
tween A and plaintiff and that no was
not liable TO the latter for the loss
,,vnn vAyarrpANrn
The lessee of plantation built gln-
house upon IL under an agreement
with his lessor that the latter should
buy the clubhouse and its appurte-
nances at the close OF the lessee Mt u
price then to be agreed on. The lessee
subsequently had the clubhouse insured.
Thereafter and during the continuance
OF the lease the clubhouse was In ured
by fire. In this case. Allen OF al. VI.
the Sun Mutual Insurance Company,
Supreme Court OF Louisiana, action
was brought by the lessee to recover
upon his policy an tn court Ia Its
opinion held that under the agreement
above ment oned the lessee was tho
owner OF the gin house, that he had
} an insurable interest there n and that
) he was entitled to recover upon tho
policy.
; VALID CONVEYANCE
A husband though In failing cir
cumstances, may make con eyanee
to his wife when 1t is made upon u full
2 and fair consideration, and when such
conveyances are made in good filth,
they must be sustained TO the extent
! Of the consideration actually paid, and
, no further. Supreme Court Of Illi-
nois.
DEED-PARTTCULAR DESCRIPTION.
l. When deed contains both general
and particular description Of the prem-
ises conveyed. and the two are repug-
nant to each other the particular de-
scription will control, and the other be
Q re ected as false. Skies VS.. Shaws,
! Supreme Court OF Alabama.
WHO SHOULD FIRST BE PAID.
9 When a person holds several notes
n secured by mortgage on lands, and
+ transfers one OF them, the iran fierce is
entitled 10 be first paid out OF the ro
o ceeds oil the sale Of the lands undel
/ power in the mortgage. - Supreme
+. Court Of Alabama.
= observation-disclosures POSSESSION.
a The Maryland Court of Appeals, II
a the case Hanson ct. al vs.. johnson
: hold that where q tenant can SHOW
possess on adverse and un nterru ted
10 for a period OF twenty years, by HIM
u self or taos, under whom he claims, Ia
=. will be held to have acquired title.
'e LIABLE FoRPuBLIcArIoN or LIBEL.
s. The Supreme Court-of Louisiana, i
3, the case Of Staub VS.. Van Eenthusen
~ holds that proprietor OF a news-stan
N who sells newspaper containing !
70 bel up AM ther person, is responsb'
ID to su h person in damages for the pull
LEGATION Of the libel.
d. -
Y Ahram G. Hewitt. of Poauonoc