The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1884-07-05
COMMERCIAL LAW.


AA~A DAbesta Oh Ahto Ooctntunhs
Compiled Specially for tho Midland Indus.
trial Gazette. So. Louis, Mol
FRAUDULENT coNvEYANcEs-DEED RE-
coRDED-srATuTE OF LIMITATIONS.
A creditor filed bill in equity to set
aside voluntary deed to the debtors
wife as fraudulent as to him. The
deed had been recorded for more than
sufficient time to bar the action by
the statute of limitations, and the
defense of the statute was pleaded.
The trial court decided in favor of the
plaintiff ON the ground that the
statute did not begin to run against
him until he discovered the fraud.
The defendant carried the case,
Ward VS.. Thomas, to the Court
of Appeals of Kentucky. where this
Judgment was affirmed. The Chief
Justice, Hargis, in the opinion, said:
The recording OF conveyances made
in good faith and for q valuable
consideration within the time pre-
scribed by the registry laws Is no.
tice to the world of their existence and
recordable contents; but where the
conveyance is voluntary its registra-
ton is not constructive notice of Its ex-
istence or contents TO n subsequent pur-
chaser for q valuable consideration
without actual notice. A pre-existing
creditor stands in better position than
a purchaser; he has the right to rely
upon the condition of his debtor when
his debt was created, and he is not
bound to keep constant watch over tho
public records for the voluntary CON
veyances his debtor may make, else be
barred by limitations regardless of the
time of actual discovery Of the convey
anoe or its equivalent.
l. AGENcY-wRrTTEN APPOINTMENT.
2. DEMONSTRATION
ITY OF CLERK.
A sub-agent sued the original em-
ployer for commission on sales of now
ing and reaping machines. The ques-
tions in the case; /. Had the agent OF
defendant who was appointed in writ
ing, authority to appoint tho plaintiff
sub-agentp 2. II he had not this pow
er, was the appointment ratified
through letters written and signed by
defendants clerkp The plaintiff had
Judgment below, and defendant carried
the case, Mct ormick VS.. Bush, to the
Supreme Court of Texas, where he pre-
vailed. Judge Malaney, In the opin-
ion said; l. The authority Of the agent
being in writing, must be asoertafned
from the writing sell, and in no other
way. 2. Whether the letter signed by
defendants clerk, but written In defend
ants name, which approved Of the acts
and transactions of the plaintiff, was
binding on the defendant as ratifica-
ton of the appointment OF plaintiff, is
not to be determined by the letter It.
self, but by other evidence to show the
clerks authority to act for the defend
ant, and il there Is any conflict In tho
evidence the jury must determine the
fact.
ASSIGNMENT FOR BENEFIT or CREDIT
oRs--PowER RETAINED IN AssIGNoRs.
b. conveyed his stock of goods. fix
lures, etc, to A. to secure his creditors,
but in the deed he directed that GER
tain bond be given him for the property
assigned but not payable for three
years, should first be paid, and there
was provision as to tho disposition Of
the store, fixtures and goods. In fact.
the assgnor continued In possession of
the store, and sold and supplied the
stock. A creditor filed bill to set the
assignment aside on the ground that
full and complete delivery OF the as
signed estate had not been made. In
this case, Mccormick vs.. Akin.
son, the plaintiff succeeded, and
the defendant took the decree to the
Supreme Court of Appeals of Virginia,
where 1t was affirmed. Lewis, the pre-
siding Judge, in delivering the opinion,
said: The deed for creditors is void,
because the assignor has retained SUBJ
stantial control Of the property assigned,
for deed of conveyance professedly to
secure creditors, in which the grantor
expressly or implicitly retains power
inconsistent with and adequate TO the
defeat OF the ayowed object OF the deed,
is void as against purchasers or cred
itors.
LIABILITY FOR INJURY OCCURRING ON
SUNDAY.
In Wisconsin the fact that an injury
to a passenger In q street ear, arising
from the negligence of railroad COM
pany, occurred on Sunday, is not de-
ense to an action by an injured pas
senger against the railroad company;
at least IL was so held by the Supreme
| Court Of Wisconsin in the case of
Knowlton VS.. Milwaukee City hallway
Company, the Court declaring that tho
plaintiff did not by the fact of travelling
for pleasure on Sunday become an out
law, but was as much within the pro-
lection Of the law, and was entitled to
the same degree of care by the defend
ant to protect him from injury, as if he
had postponed his ride on the defend
ants car until the following day.
DowER-sALE OF PROPERTY.
A chancellor directed the sale Of real
estate to enable him to give the widow
her dover in money, and an appeal was
taken in the case, ZEE VS.. James, to the
Court of Appeals of Kentucky, where
the judgment was reversed. Judge
Prior, in his opinion, said: The widow
is only entitled to the use of one-thlrd
of the land for / fe, and when the land
10 iDdiUiaihIa eha Ia anttflad IN oua. nj d