The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1884-07-26

iFiaiI dsssl r. ia 81 fe''
CONSIGNMENT on aooD S. Is
FRAUD o. nuxHE Aet IN 4. NoS
ArGNnR.
Wagons were ianss 10 cIzf'nns s'
then sent 70 Michigan. &se h;,I S |tsl'
ing 70 the purchaser WAa HsiNN1es iii
the draft sent - the local 15i'H ~ HIsI
lection. The purchaser 4Ahlia1
bank tot iaava 20 examine .As 6sSA.
and then removed theni lo h|S 2HN'
where no undertook 10 soII tIf1|n. I IS
President Of the bank attached 's'a
In Che name I'll m@kerk, h0f N s
shown that this wHg done N|thOuf III
thorlty. the suit WAS discontinued. |i6
attachment dissolved and Ah6 nfsss5s
returned 10 the purchaser. IhA bAoF
then paid the draft and brought 81 sd.
ton Of roplevin, and upon thAS ouI
Judgment The purchaser uAfrI6a sh8
case to the Supreme Court where Ire
Judgment YVES affirmed. sluana CaNlns
bell, In the opinion, nai0 NA
payment 81 tho draft wis nQt faNVA
upon behalf OF the defendant.
and wo SEQ no reason why tha
bank has net the same right now fhAl
1t would have had II the drafs had beon
cashed BY It on receipt Il represented
the debt on the payment Of which tho
bank was authorized 10 deliver tho
properly, and II was practically
bnllee Of the properly to obtain the payA
ment and hold if uni paid. We think
thnt whether II p lid the makers Of the
draft n advance or not could not con-
Germ tho defendant who could not law.
fully hold the property sold against il
br the manufacturers Of the wagons. In
our opinion the transaction "a anah al
10 give the bank all The rights The own
ers OF the wagons had Ia them. Such
dealings can not be subjected TO any
technical nieetles, but must ho de ided
on conmon aense grounds West
Mlchiean Savings Bank Va. Howard.
supreme Court Of Michigan.
TRADE MARK HNtuN0TxoNs USE on
LIKE NAME.
Manufacturers Of hair pins did busl-
hess under the name Of u. n. Tavler u
Co, and the pins were we'll knnnnvircl,
had . ready sale "a ~. .i1 = ~ ana
i asIr 1lE sss. and Is d. +. Tsyler C ~
LIAR rms, and the device on the pack
ages which were made up In pink and
yellow papers, were exclusively used BY
them. Other persons who also made
hair pics, got the use Of the name Of
une i. y Taylor TO put on their wrap
pers and printed on them ~. II. Tay-
Tor q Co }" adding the words. "Chosh-
ire, Conn, and using the same col
ored papers. In . SUIT brought for i'm
injunction 10 restrain the latter the SUI
preme Court Of krrors, Of Connecticut,
decided In favorof tho plaintiffs. Judge
lartlec, IN the opinion, said; Though
the defendants q opted the label and
device and used the oolored papers m
good faith believing that they we're
not Infringing plaintiffs rights, yet
an injunction must be granted. Pur-
chasers who read the entire trade.
mark could not BIZ misled, but Il
Is q matter Of common knowledge
that mahy persons are Ia greater
or less degree careless and nnwarv In
the matter Of purchasing artlc es for
their own use; still, their patronage "A
not for that reason less profitable 10 the
manufacturer, and when such persons
have knowledge Of the good qualities Of
the plaintiff hair pins AMI desire TO
pur base them, the law viii NOT permit
the defendants TO mislead them. Now,
the use Of like name, viii b was pur-
chased e0lely for use Ia III q connection,
with the other aduncts, are well alcu-
lated 70 deceive these areless and un-
wary purchasers, to the serious injury
the pla ntlas, and they should have the
injunction they ask for.
ALE--wARRANTY OF THING SOLD.
A bought from b. two horses, and
they died of Spanish fe or or Texas
mango! He sued upon IN alleged war
ranty that the horses were .'All right,
sound and free from disease, y and be
complained that they were injected with
the disease OF which they died when
they were delivered 10 him. The de-
PENDANT said that he had only ex-
pr ssed an opinion as to the health OF
the animals. The plaintiff was beaten,
and he carried the Judgment 10 the
Supreme Go lrt Of Nebraska. where he
was again defeated. The Oh Of JUS
tice, Lake, In the opinion, said: ssIn
determining whether warranty was
TO be ri decisive test Is
whether the vendor assures to assert
b fact of which the buyer Il ignorant,
Or merely states an opinion or iudR-
ment upon matter OF which the ven
dor has no special knowledge and on
which the buyer may be oxpe ted also
to have an opinion, and to exercise his
Judgment. When the language Of the
warranty is such that It amounts un-
guestionahiy to q warranty, It's legal
effect can not be defeated by any
secret intention Of the seller, and
where the evidence bears no doubt
0f the legal force Of the representa-
ton the court may and should de-
clare It's effect; but should there be a
doubt the jury must determine the
and effect Of the words.
LIABILITY ron INJURY.
L. & g. were the owners of 2U0pieces
If timber, which they caused their
servant TO pile ON vacant lot in such
a manner that the top of the pile fell
of and killed the son of B., who, as
brought suit and was
awarded judgment IN the lower courts.
An appea. TO the Kentucky Court Of
Appeals the lower court was restrained
in the following opinion: .sThe owner
Of land may retain to himself the sole
and exclusive use and occupation Of it,
but due regard for the welfare and
rights Of others makes the oWnar liable