Evening capital journal. (Salem, Or.) 1888-1893, 1891-01-10
Legal Decisions.


The following Supreme Court deci-
sions will prove of interest to macy
our readers:
Limitation Clauses in Fire Isurance
Policy.-The clause in an insurance
policy limiting the time when an
action under it may be maintained
runs from the date of filing proofs of
loss. Ordinarily contract of rein
surance creates no liability on the
part of the reinsurer and the assured,
but If the reinsuring company assui-
eel the risk, the insurCd may sue II
directly. When the claim Of a
mortgage exceeds the amount of the
policy, he may sue alone Supreme
Court of North Dakota.
Premiums on Insurance Policy
An insurance policy was about toeX-
pire, and the company sent to the
assured blank application for re-
newal requesting him to sign and re-
turn, and telling him that what div
idends belonged to him should be
credited on the new pOlicys The
policy was forwarded purporting on
its face that the policy was paid,
and no demand was made for the
premium. The fact was prlma facie
evidence that the premium had been
paid, or payment waived.-Supreme
Court of Wisconsin.
Exemption Forfeited. 49, If an insol-
vent debtor denies the ownership OF
that which he cannot hide and en-
earesses the officers of the law in
their duties, be forfeits his right to
exemption out of the assigned estate.
Supreme Court of Pennsylvania.
Partnership Agreement Con-
strued.--A partnership agreement
contained the folloing clause: "The
partnership shall continue for term
of ten years from date, unless sooner
terminated by mutal consent, or by
notice, which shall be in writing,
and delivered sixty days pefore TAX
ing effect.n Either of the parties
had a right to terminate the partner
ship without cause at any time on
giving the required notice.-Su-
preme Court of Iowa.
Special Contract BY Common
Carrier.--A special contract by a
common carrier agreeing in writing
in consideration of the payment OF a
sum, in addition to the regular
freight rate, to deliver perishable
goods at certain place by certain
date, is an absolute contract which
charges the carrier with full respon-
sibiIity for any damages resulting
from his failure to comply with its
strict terms.=Supreme Cuort OF
Colorado.
Property of Illegal Partnership
Where corporation has oeeh dis
solved for entering into partnership
or trust created for anillegal purpose,
and the receiver of the Incorporation
has been appointed for the pupose of
con yerting its funds into cash, the
receiver is not entitled to have an
accounting made Of the property Of
such corporation as it was in its ma
ture illegal, but all he can do is re-
duce to cash the property Of the cor
poration. Supreme Court of New
York,
Employees Claims Against Insol-
vent Corporations-Where a corpor-
alton in insolvency goes into the
hands of a receiver, one who has
been employed by 1t for term Of
years which at the time of insol-
vency has not expir, d, he is entitled
to present claim To the receiver for
the amount Of damages sustained by
the loss of his position, but under
the New Jersey statute concerning
corporations such claim is not en-
titled to preference over other
claims.-Court of Chanoery Of New
jersey,
Mrs. NJ. e. Mccoy, physician and
surgeon, No. $50 Commercial street,