The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-18
The Court Record.
SUPREME COURT DECISIONS.

Hon. J. A. 5. Mitchell. Chief-j Justice.
Company vs. the State ex eel Benjamin L.
Smith ct al Henry c. c. Affirmed Elliott
J.-When proofs OF loss are delivered to the
agent Of an insurance company and he denies
the validity of the contract asserts that the
policy has been cancelled. there Is q waiver OF
objections to the proofs furnished. 2 An as
sured is not bound by the private Instructions
given by the company to it's agents unless he has
notice of them. IL an agent is clothed with
ostensble authority he may make a
valid parol contract of insurance, and the as
snred is not bound 70 inquire into the exact ex-
tent of that authority. 4 If agent receive
the premium for policy of insurance and the
company upon being informed of the nature of
but notice is given the assured. he may en-
force payment. although the policy was never
delivered
l3O4I John w. Beckdolt VS.. the. G. r. &
r. r. Co. Jay, c. C. Affirmed. Nibiack, j.
Railroads are not required to fence their
tracks or stations and sidings. where either
freight or passengers received and dis
charged, across streets or highways or at
other points where public convenience will not
permit fencesro be erected, and are not conse-
quently liable to pay for animals which may
wander upon their tracks at such places and be
killed without negligence on the part OF such
companies
1861. James Porter. jr... vs. James F.
Wilson ct al. Daviess C. G. Reversed. Mitch
ell. c. J.-When two persons are partners ina
particular business. sale to one partner. act
ing within the apparent scope of the partner
ship business. is a sale to both. unless it affirm
atively appears that the transaction was known
to the seller to be upon the individual account
and credit of the partner who negotiated the
pnrchase.
I364O Connecticut Mutual Insurance Com
pany VS.. Richard L. Talbot ct al. Marion S. G.
Rehearing denied
SUPERIOR COURT.
Room 1-Hon. N. b. Taylor. Judge
VIM. H. Stuart John b. Stump; commits
sion. On trial by court
Robert Law vs. Frederick Miller ct al; on &C
pof nfnd
The Marmet Company vs. Geo. F. Branham;
account Under advisement.
Room 2-Hon. u. W. Howe, Judge.
Anna Singer VS.. Louis Reibold; damages. On
Mary Decker VS. Jacob Becker: damages.
Trial by court. JUDGMENT for defendant.
Room s-aon. Lewis CIV G. wa 4 g.a Judge
damages. On trial by jury
NEW SUITS FILED.
Josenhine j. Wilson Nathan @. Wilso q;
complaint for divorce Allegation, abandonm ent:
Josephine Burk VS.. Bartoaman MaeRer and
Haugh. Ketcham & Co.; complaint on judg-
ment Demand, $780,
John NJ CASTOR vs. James Forbes ct al; COM
plant on account Demand, 500.
State VS.. Annas Murphy; appealed from Jud-
kins J. P.
Bradford Shinkle ct al. vs.. John D. Shearman;
complaint notes. Demand. $1,000.
August Richter We. Annie NJ. johnson ct al;
complaint to quiet title.
CRIMINAL COURT
Hon. William Irwin, Judge.
State vs.. Hugh NJ Johnson; petit larceny.
Arraigned Pleaded not guilty.
State Va. James Shea; burglary Arraigned.
Pleaded not guilty.
State Charles Vescelius embezzlement.
Arraigned. Pleaded not guilty.
State vs. James Gibson: petit larceny Trial
by court Found guilty apd sentenced to peni-
Tertiary for year.
State vs.. James Donovan: petit larceny. Trial
by court. Found guilty and committed to Re-
form School
State VS.. Charles Meyer; disturbing public
gathering Tried by court and fined $40
State vs. William Gilvy; drunkenness Indict-
ment nollied.