The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-01-01

weight the amount OF baggage allowed by
the rules - the railroad com pany until the
payment Of excess baggage does not affect
this case, rs il was not claimed that this
trunk exceeded the weight allowed. Judg-
ment affirmed.
BY Turney, c. J.--Rufiin va. Louisville
& Nashville Railroad Company. The re-
quests for charge by defendant, while good
law, were not called for by the facts OF the
case. Judgment affirmed.
BY Turney, G. flames NJ. Smitha vs.
Louisville & Nashville Railroad Company,
Carriers Bill of Ladng. "A stipulation in
the bill OF lading of car load OF stock,
that, as n condition precedent to action to
recover for any injury TO the stock, notice
in writing must be given to some officer Of
the company or the nearest station agent
before the stock il removed from its place
OF destination, and before it is mingled
with other stock, is uncertain and ambigu-
Gus, because there is nothing in II by
which IL can be ascertained who is proper
officer OF the company 10 whom TO give
notice. The bill OF lading should have
designated who was the proper officer or
the name OF the nearest station agent. The
stipulation is unreasonable in requiring
the shipper TO retain his stock at the
place OF destination, unmingled with
other stock, until the notice should have
been given. Such notice cannot possibly
serve any good purpose, and will not be
tolerated to entrap. Judgment reversed
and case remanded.
by Folkes. J.--Sulzbacher Brothers VS..
Bank OF Charleston-Bil and Notes.
Protest In foreign bill of exchange il is
sufficient for the notarial certificate TO re-
cite that the original draft was exhibited
at tho place OF business of the acceptors,
and he demanded payment, but found II
closed and no one there TO respond to the
demand, which was thereby refused,
whereupon notice was given. It was not
necessary for the notary, upon finding the
place OF business of the acceptoH closed,
to have made further effort TO find them.
Proof that the aocepton had suspended,
and executed second mortgage short
time before the maturity of the bill, Is in
sufficient TO establish that their place OF
business had been abandoned. The term
suspension" as IL is ordinarily used,
means suspension OF payment because OF
financial embarrassment, and does not
necessarily mean suspension Of business.
II, however, party should close In the
sense Of an abandonment his place OF
business at the maturity OF the paper, but
has residence in the city which could be
ascetained by reasonable inquiry, pre-
sentiment at the former place OF business
would not be sufficient. But unless he has
permanently abandoned Il, II is his duty to
keep some one there during business hours
TO respond 10 business demands. Judg'
ment affirmed.
by Lurton, wv. c. Morgan vs.. p. +.
Pickard, Comptroller. State Is not
liable on return OF nulla bona for the
cost accrued OH ia hehelf when defend.
ant has been arrested on a warrant Of q
magistrate, charged with n felony, and on
the magistrates trinl discharged and the
prosecution taxed with the cost
There is no authority for taxing the State
with such cost, and the judgment Of the
circuit court, being unauthorized, was void
Tho case Of State w. Pickett, Z Lea, 200,
does not apply, since the powers OF the
Comptroller and the county judge, ~ vel
"a the rights Of the State and county, differ
| Judgment affirmed.