St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-02-01
SAINT PAUL.
SUMMED up AAD SETTLED
Judges Of the Supreme Court Hand
Down Decisions.
PERFECT INSURANCE PLEAS.
A Horse Trade in Which Sickness Was
Faetor---Common Carriers Liable
for Personal Baggage.
PERFECT INSURANCE PLEAS.

order of the lower court was reversed IN
the case of the Farmers Union Elevator
company. respondent, VS.. the Syndicate
Insurance company, appellant, and i've
other insurance companies. The de-
PENDANT owned elevators on the line OF
the st. Paul, Minneapolis & Manitoba
and Northern Pacific railways. includ-
ing one at Hawley, Clay county, Mimi.
The Liverpool Syndicate Insurance
company, Liverpool, london & Globe,
Fire Association of Philadelphia, Amer
lean Fire, Queen and Lancashire lnsur-
ance companies, wrote policies of in
surance on the grain in the elevators of
the company, las per schedule in
closed" which schedule did not contain
the name of Hawley. Claiming an error,
the elevator company brought action for
reformation of the policies of insurance
and for recovery upon the policies so
reformed. The trial court allowed the re-
lief sought, but the supreme court,
through Judge Dickinson, reversed the
decision. The syllabus of this case is as
follows:
Rule as to the incompetency Of one
interested in the event of an action to
testify as to conversation with a de-
ceased party relative TO the matter in
issue, applied to a case of an alleged
agreement made with corporation
through an agent of the latter who had
since died. The decision of trial court,
upon a case including material evidence
improperly received, cannot be SuS-
tanned upon statement OF the court
that even without such evidence its
decision would have been the same.
Judgment reversed and new trial
granted. DICKINSON, j.
The order sustaining the demurrer to
the complaint was sustained in the suit
of The State Bank of Duluth, appellant,
VS.. James E. Henry ct al. Judge Dick
inson rendered the decision, in which
Judge Mitchell took no part. The case
is expressed in the following syllabus:
A provision IN the charter of the city
of Duluth requiring contracts for street
Improvements to contain an agreement
by the contractors to pay for all labor
and material furnished, and that bond
be executed by such contractors to the
city conditioned, among other things,
for such payment, construed as in
tended to secure the payment of
those furnishing labor or mater
ial to the contractor. A contract
and bond executed to the city pursuant
to the charter construed IN like manner.
The charter providing that in case of
default to fulfil the terms of such con-
tract the city-the Obligee night main
tain an action upon the bond and re-
cover Judgment for all damages sus-
tanned in the premises. held, that such
remedy was exclusive, and that labor
ers whom the contractor had failed to
pay could not maintain an action on the
bond in their own names. Order at
tirmed. DICKINSON, j.
Four other cases of minor importance
were disposed of by the court yester-
day. The syllabi are as follows:
j. G. Rollins. respondent, VS.. I'll. Z.
Wibye, appellant.
Syllabus = Upon the trial of a
cause not involving the element of
fraud, the issue being whether
an oral contract for an exchange of
horses was absolute or upon the express
condition that the horse in question was
sound and healthy. the answer commit
ting the allegations of the complaint
that the horse was sick, held error to re-
ceive evidence on the part of the plant
iff showing that the defendant knew
that fact, such evidence being unneces-
sary for any other purpose. The fact
that the horse was diseased, unless
known to both parties, could not affect
the determination OF the issue as to
whether the agreement or exchange was
absolute or conditional. Order denying
a new trial reversed. DICKINSON, j.
Louis Foutaine ct AL. appellants, VS. III.
IT RuSh eft al raSOoOdnOtS
SyllabuS-A defendant denying in
his answer the making of the contract
upon which the action is brought may
avail himself of the defense that the
agreement was void under the statute of
frauds. An acceptance. to be effectual
to avoid the effect of the statute of
frauds, as to oral agreement for the sale
of personal property, must be more than
the mere receipt of the goods allowed.
Even though the buyer, not yet having
accepted the goods, designate common
carrier to whom the seller is to deliver
the goods for transportation. and al
though the goods are so delivered and
transported to the buyer, that alone is
sufficient to constitute acceptance
Order refusing new Trial affirmed.
DICKINSON, j.
William B. Shaw, respondent, vs..
Northern Pacific Railroad Company,
appellant.
Syllabus-A common carrier is liable
as such for the personal baggage of a
passenger delivered to and received by
it solely for transportation and not for
storage, although for the convenience
of the carrier the passenger consents to
some delay in the transportation. Order
refusing new trial affirmed.
DICKINSON, j.
W. S. Brockway ct al, appellants. VS..
Newlin r. Frost, respondent.
Syllabus-An agreement for the con-
eeyance of a designated number of
acres lin" specified larger tract of
land. the subject of the agreement not
being otherwise designated, is inetfect-
ual because of uncertainty to transfer
IN .rr1