Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1885-01-21
COMMERCIAL LAW.
Brief Dige.ts of Late Docisions.

Brief Digests of Late Decisions.
Compiled Specially TOR the Midland Indus
trial Gazette. ST. Louis. MOL
TRAVELLING ON ANoTHER's TICKET--RE-
covERY FOR INJURIES.
A person travelling on a railroad on Q
communication ticket issued to another
person can not recover damages for in
juries received through the negligence
OF the company. so held by the SUI
preme Court of Iowa in the case of
way VS.. O., X. /. IL p. Ry. Co., Judge
Adam in the opinion reversing the de-
cision OF tho lower court, saying:
1.-The only relation existing between
plaintiff and the company having been
induced by fraud, he can not
be allowed to set up that relation
against tho company as basis of re-
covery. He was. then, at the time of
the injury, in the car without the rights
of passenger, and without the right
to DO there at all. We do not say
that it is necessary that a person should
pay fare to be entitled to the rights
OF passenger. 1t is sufficient, prob
ably, If he has the consent Of the
company, fairly obtained. But no
one will claim that mere tres
passer has such rights, and it APP
pears to us to be we'll settled that
consent obtained by fraud is equally
unavailing."
LIEN OF CREDITORS.
In law, the first entry OF Judgment is
always a first lien, provided due dill
gence has been made in making the
levy. This is also true as regards part
ners. A mortgage on the individual
property of one partner was fore
closed, and both an individual creditor
and firm creditor claimed the surplus
money. Both had Judgment. the latter
being first entered. The former
claimed a preference as an individual
creditor, but was defeated. and carried
the case, London VS.. Ball, to the
Supreme Court of Indiana, where the
judgment was affirmed, on the follow
ing opinion: at is not doubted that
the general rule is that partnership
creditors are postponed as to individual
property, and individual creditors pre-
ferred But this general rule does not
apply where lien has been obtained
by Judgment rendered prior to the
creation of the individual debt"
sToCKHoLDERs-LIABIL OF.
In the case of Bank VS.. Fiske, the
Supreme Court of New Hampshire
held that in suit against the stock
holders of a corporation under the stat
ute, it is immaterial whether debt
for hired money, for the recovery of
which the suit is brought. was beyond
the power of the corporation to con-
tract, in the absence OF fraud or collu-
sion on the part Of the plaintiffs. If
the corporation received and used the
plaintiffs money, it is also immaterial
whether the debt was contracted by
officers properly authorized or not. 1t
is no objection to the maintenance of
such a suit that the plaintiffs have
commenced an action ut law against
the corporation for the recovery of the
same debt; nor are they obliged to first
exhaust their remedy against the
sureties on the note before calling on
the stockholders.
CORPORATION - TRANSFER OF STOCK.
In the recently decided case of
Robinson VS.. National Bank of New
Berne, the New York Court of APP
peals held that provision in the
statute under which corporation is
organized or in its bylaws requlr-
ing transfers of its STOCKS to be made
upon, and where the owner of stock
has assigned and transferred for
valuable consideration the certificate
issued to him, and the corporation
when requested to make the transfer
| without a valid reason refuses to do so,
| this amounts to waiver Of the re-
| quirements, aud the transfer is COM
| plete, and the corporation is bound
| to recognize the title of the assignee,
precisely tho same as if it had done its
duty and made the proper entries upon
| the books.
| wIFE's EARNINGS.
A recent opinion of the Supreme
Court of Pennsylvania will shock the
sensibilities of fair-minded people, be-
cause 1t discloses the fact that there yet
remains on the statute books of the
| keystone State enactments which, IL
| they do not SAVIOR of barbarism, were
based on greed and injustice. Briefly
stated. Pennsylvania's supreme body
hold, Judge Paxon delivering the
opinion, that the earnings of the wife
belong to the husband, save in certain
exceptional cases specified in various
acts of the Assembly: and unless it can
be shown that there was gift by the
husband t, the wife her earnings be-
long to him.
PRoMIssoRY NOTE-INDORsER.
An indorser on n promissory note is
something more than a surety. The
| contract of Endorsement means that the
indorser will pay on the single condi-
| ton that the maker or acceptor does
| not. An indorser of q note has no
right to demand that the holder shall
sell collateral in his possession and pay
the note out of its proceeds. The in.
dorser's duty Is to pay the note, and
then he himself can con,rol the collat-
erals.-Supreme Court OF Pennsyl-
vania.
LIFE INSURANCE SUICIDE.
The Supreme Court of the United
States, in the case of the Manhattan
Life Insurance Company VS.. Brough.
ton, decides that self-killing by an
insane person who, understands the
| physical nature and consequences oil
| his act, but not its moral aspect, is not
death by suicide within the meaning
of condition in u policy of insurance
upon his life that the policy should be
void in case he shall die by suicide.
SALE ON CREDIT-rINANCIAL COMB.
TON OF BUYER.
| A purchaser when buying on credit
| is not bound to disclose the facts OF
| financial condition. If he makes no
actual misrepresentation, II he IS not
asked any questions, and does not give
any untrue, evasive, or partial an
swers, his mere silence rs to his gen.
eral bad pecuniary condition, or his in.
debtedness, will not constitute a fraud
| ulent concealmeEt.
IMPEACHING AWARD.
A written common law award upon
q written submiss. on. can not be I'M
peached in an action at law upon 1t by
extraneous evidence. nor any proceed
ing, simply for the allowance of claims
| barred hy the statute of limitations