The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1884-12-05
COMMERCIAL Law.

COMMERCIAL LAW.
Brief DIgcsts of Lato Decisions.
Compiled Especially for the Midland Indus
trial Gazette, st. Louis, Mo.
CARRIERS LIABILITY-CoNNECTI
LINES.
The case of the Texas Express Com
pany VS.. the Pacific Express Company,
recently decided by the Supreme Court
OF Texas, involved liability for valise
lost in transit, and for which a receipt
was given which read as follows: RE
ceived of j. w. Dupree one yalise,
valued at $500, and, for which amount
the charges are made by said company.
marked j. w. Dupree, to be forwarded
to Grandview, Tex, and there deliy-
cred" The receipt, also contained a
provision authorizing the contracting
company to deliver the valise to any
connecting carrier, and exempting it.
from any loss which might occur after
such delivery. The Court, in its opin--
ion, held that the company could con-
tract to carry the valise beyond its own
line of road, and that having done so
it could not legally stipulate that it
would not be liable for loss except on
its own lines, but that it was respon-
sible for the negligence of the con-
netting lines.
CONTRACT SALE-POssESSIoN.
A factor of an owner of cotton agreed
to sell it for cash to the agent of firm.
1t was weighed and the price agreed
upon. 1t was to remain in the ware.
house of the factor until the next MORN
ing, when it was to- be paid for and
turned out for shipment. The bill con-
tanning the cotton, with its price, was
handed to the purchaser. and he in
dorsed upon it 20. K" and signed his
name. During the succeeding night
and before the time had arrived for the.
payment of the money for the cotton,
the warehouse in which it was stored
was burned ard it was destroyed, and
the seller sought to recover the value.
from the purchaser, finally carrying the
cause, Gum VS.. knoop Freirichs & Co.
to the Supreme Court of Georgia,
which affirmed the Judgment of the
lower court, holding that the title to.
the cotton as well as its actual possess
SiOfi III tUt II.
could not recover its value from the.
purchaser.
ASSIGNMENT NOTES. FH
Where an assignee holds notes ma
turing at different times he must, ac--
cording to recent decision of the Ken
lucky Superior Court. in order to pre-
serve his recourse to the assignor, pur-
sue his remedies on each note as it ma
lures if all are secured by lien. Where
all the notes are secured by lien, and
the assignee has the property sold.
which was in lien, and it does not
sell for enough to pay the debts in full.
according to the court, the assignee
can not appropriate the money arising
from the sale to satisfy any of the
debts as to which the recourse NAV be
lost, but must first apply it to the
debts as to which there is recourse,
and he can only recover from his as
signOrs such part of the consideration
paid for the assignment as is left after
such application.
CARRIER S LIABILITY-FAILURE TO DE-
LIVER.
The Texas Court of Appeals, in the.
case of Texas & Pacific Railway VS..
Martin, involving the liability of COM
mon carrier for the failure to deliver a.
part of the goods intrusted to him.
laid down the following rules upon the
subject: l. Where a carrier fails to-
deliver goods within a reasonable time
such failure will not of itself amount to.
a conversion, but only breach of con-
tract, and the owner can not refuse to.
receive them. 2. Where the case is
one of total failure to deliver part of
the goods the shippers can refuse to.
receive the remaining damaged goods
upon any terms, and can recover the
value of the whole. 3. The under
taking to transport goods to particu-
lar place includes the duty to deliver
them safely. and the carriers RESPONSE
bility continues until due delivery has
been made.
RELIGIOUS OBSERVATION-DISCLOSURES
TON, ETC.
The articles of association of a reli-
giOus corporation must be signed, to
render the organization of such corpor-
alton legal under the statute, but when
this is omitted, and the association,
the organization legal for a.
period of more than ten years acts as a
in buying and selling real
estate, receiving and paying out mon
ey. and mourning and collecting debts,
the defect is cured, and the corpora
ton will be presumed to have been le--
gally organized. = Congregational
Church, 1onia, VS.. Weber, Supreme
Court of Michigan.
aAILROAD-APPLIANCE FOR SAFETY OF
SERVANTS.
1t is the duty of railroad corpora
ion to adopt all such means and appli-
lnces for the safety of its servants as
experience has demonstrated to be nee
,ssary and can safely be used. But the
burden of proof is upon the plaintiff
Who charges negligence for not adopt
NO a certain device. to show from
urvey of the whole field that the
means of protection could safely be
dopted and that it afforded the desired
in one direction without the
of new perils in another
Appellate Court, Third District of Illi-
lois.
OBSERVATION-DISCLOSURES
JURISDICTION.
Where corpOratiOn doing business