St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-11-17

relation at the time OF the dealings III
question. Proof of information upon
that subject communicated to the
plaintiff is admissible to show such
notice or knowledge, and is not OBJ
jectionable as hearsay evidence. The
mere stating of all account between the
actually contracting parties does not
impose liability upon another who
after the dealings in question may be
discovered to have been held out as a
partner. .
COMPROMISED WITH THE RAILROAD.
c. b. Rolph. respondent, VS.. Burling-
ton, Cedar Rapids and Northern Rail-
way Company. appellant.
Appeal by the defendant from an or
der OF the district court vacating a
Judgment which had been entered by
the clerk of that court. While the ac-
ton was pending, and before trial, the
parties, by their respective attorneys,
entered into a written stipulation
that the said action be and the same is
hereby dismissed, without costs to
either party" Some time after this, on
motion of the defendant, and upon this
stipulation, the clerk entered the judg-
ment in question, which, as is here con-
coded. was in form and effect judg-
ment on the merits, effectual as Il bar to
another action for the same cause.
SyIlabus--A writ n stipulation, be-
fore trial, that an action be dismissed,
without costs. does not authorize the
entry of a Judgment as upon the mer-
its, such as would bar subsequent ac-
ton for the same cause.
The following decisions were filed by
Judge Collins:
Vital Casson and Isaac Morisette. part
ners. as Y. Casson d Co., respondents,
VS.. j. c. Maxwell and Charles l..
Horst. appellants.
SyliabuS-C. IL Co. contracted to
erect a building for F., and they exc
cuted to him the bond provided by stat
ute protecting F. from mechanics liens.
subsequently c. d Co. sublet portion
of their contract to H., taking from him
a like bond, with suretieS in the sum
of 5000 (the contract price, condi
toned that Fl. should pay all just claims
for all work done and to be done by
him, and for all materials furnished or
to be furnished on his contract and in
the execution of it, in which bond FL.
and the sureties were bound unto G. IL
Co. ''fOr the use Of all persons who may
do work or furnish materials pursuant"
to HIS contract. H. failed to pay for
materials, and c. & Co. were by law
compelled so to do. Held that cause
of action at once accrued in favor of G.
& Co. against Ii. and his sureties upon
the bond.
George l.. Cornwell, respondent, VS..
John MeginS. appellant.
SyllabuS-To constitute nOvati0n
of parties there must be an eXtinguish-
ment of the old debt by mutual agree
ment between all parties, whereby it
becomes the obligation of the new debt
Or. The discharge of the old debt must
be contemporaneOnS with and result
from the contamination of an arrange
ment with the new debtor.
In the matter of the assignment of
Theodore Rees, insolyent, respondent,
VS.. Leopold LoWenstein, petitioner,
appellant.
Syllabus-Upon an appeal from an
order, error is not disclosed from the
fact that the moving papers upon which
the order was made do not contain
averments of prior proceedings in the
cause, of which the court will take
judicial notice. Upon the examination
of an inSolvent debtor under the statute,
to determine whether creditors (alleg-
ing Il fraudulent concealment Of prop
erty) shall he allowed to share in the
insolvent estate without filing releases,
dishonest disclosure by the debtor
may justify a conclusion of fraud. al
though there is not direct evidence of it.
CASES ARGUED AND SUBMITTED.
The routine of the supreme court was
confined 10 arguing and submitting the
following suits: Curtis j. Ingalls,, APP
pellant. VS.. st. Paul, Minneapolis d
Manitoba Railway Company. respondent.
John P. Hart, respondent, VS.. st. Paul,
Minneapolis d Manitoba Railway Com
pany, appellants. Patrick Bray. as adj
miilistrator of the estate of Timothy
Ryan, deceased, appellant, VS.. The
Church of st. Brandon, of Green Isle,
Mimi, respondent.