The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1884-02-09
SURETY AND GuARANToR.

SURETY AND GUARANTOR.
Any one of several persons named as
sureties in the body Of written instru-
lment may successfully defend on the
ground that when he signed the instru-
ment and delivered it to the principal
makers, IL was on the agreement and
condition that he should not be liable as
such surety, and that the instrument
should not be delivered to the payee or
obligee until the others so named should
also sign as sureties The fact that the
instrument Is not executed by all those
named in 1t as obligors is sufficient to
put the payee or obligee on inquiry and
charge him with notice of the condition.
And the same rule which protects o
surety win protect guarantors. II
| guaranty be made for several persons
composing firm, or for firm CONF
posed of several persons, the guarantor
| will not be liable for the default of or
for credit given to less number of the
persons so named, or firm Of the same
name but composed Of a less number of
such persons. MARYLAND Mining u
Mig. Co., VS.. Kimmel ct al, Supreme
Court Of Indiana.
FRAUDULENT SALE.
Where creditor purchases of his
debtor stock of merchandise the value
OF which he pays in part by the sur
render Of notes held by HIM against the
debtor, and In part with money, and
the debtor transfers the merchandise
with the direct intention TO defraud and
delay his other creditors, the purchase
by the creditor can not be upheld, If no
is cognizant Of and privy to the fraud
| s.f tho 6ahtnr In, The tt.an
the creditor had no actual knowledge
of the fraud, or notice Of the fraudu-
lent design of the creditor, vet II tho
circumstances surrounding the debtor
were such as would put prudent man
upon inquiry, which, II prosecuted dill
gently, would have disclosed the fraud,
he can not be deemed q purchaser In
good faith. Mcdonald ct al. VS.. Grant.
Supreme Court of Kansas.
INSURANCE PREMIUM.
A fire insurance policy for FIVE years
required the insurer to pay SIG cash and
give note payable in equal instalments
annually for four years without interest,
and stipulated that If any instalment
should not be paid within thirty days
after due, the policy should be null and
void until payment by tho insured Of the
instalment, But such revivor should
not make the company liable for any
loss occurring during the default. Held,
while the policy was null and void, no
premium was earned by the insurer,
and the insured is entitled to a credit
on the note for the aggregate Of such
unearned premium. M Matthew'S VS..
American ms Co., Supreme Court Of
Ohio. af "
sLEEPING-CAR.
The running Of sleeping-cars has be-
come a business aud social necessity,
and the law can impose obligations on
the car company, the same as on rail-
ways, ferrymen and innkeepers. When,
therefore, q passenger who, under tho
rules of the company Is entitled to u
berth on payment of the usual fare, and
to whom no personal objection attaches,
enters the company's sleeping-car at
proper time with the purpose Of proeur-
ing accommodations, and in an orderly
and respectful manner applies for II
, berth, offering or rendering the custom
/ airy price therefor, the company Is
bound to furnish It, provided II has o
/ vacant one at its disposal. --Nevin vs..
, Pullman Palace Car Co., Supreme
! Court OF Illinois.
SUICIDE AND LIFE INSURANCE.
q A self-killing by an insane person
who understands the physical nature
and consequences of his act, but not its
. moral aspect, is not death by suicide
I within the meaning of o condition in q
policy of insurance upon his life that
the policy shall be void in case he shall
! die by suicide. Manhattan Life ms.
!. Co. vs.. Broughton, Supreme Court
United States.
NATIONAL BANK.
n Shareholders of National Bank arc
v liable until transfer OF their shares Is
: made on the books OF the bank, A trans
I fer Of shares after the bank has become
J insolvent can not be construed TO release
a the shareholders from liability to the
:, creditors of the bank.--Irons, Execu
y tor, ETC., VS.. Manufacturers Nat. Bank
of Chicago, U. $. Cir Court, N. ID. IL
n linois. 4
10 TAxEs--wHERE PAYABLE.
= Shares Of stock in q mining corpora
y ton whose principal Office Is In Calfor
n MIA and whose entire property Is In an
~ other State, are, when held by citizen
II of California, taxable in that State, al
: though the corporation is obliged topa.
: taxes on its property in the other State
.. San Francisco VS.. Fry, Suprem
~ Court of California. .s s.
ii. VERBAL PROMISE. -
I'd A verbal promise Of A to indemnif
h, b for giving security for G, is not
!, promise TO pay the debt of u third pei
~ son, but is an original promise an
need not be in writing to enable til
promisee TO recover any sum beeomin
Tx due to him Hereunder. -Dermitt v
n Bickford, Supreme Court Of New HAM
up shire.
U.s. ALTERED NOTE.
M When in suit on a promissory no
he it is adjudged to be void because 1t hs
nj been altered in a material part, Il
NV holder of the note can recover on Il
N. original consideration paid for the no
~ without returning or Offering to retul
ith it.-Eckert VS.. Pickel, Supreme Cou
OF Iowa.