St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-07-15
LOWRY'S LINE LOSES.
ERNEST " ApPLEBY WINS OV APPEAL
TO tbs SUPREME COURT,
FOR BEING PUT OFF A CAR.
Judge Dickinson OverruIes
Noted Decision of the District
Court-Points on Insurance
Law-SeveIa Contract Cases

Noted Decision of the District
Court-Points on Insurance
Law-SeveI al Contract Cases
Decided-Other Rulings.
Ernest V. Appleby wins his suit in
the appellate court from the city rail
way company. The court below held
that he had no right to recover DAM
ages, aud he appealed from this decision
TO the supreme court, and yesterday
Justice Dickinson rendered a decision
reversing the position of the court be-
low. The syllabus IS explicit:
The plaintiff, passenger on the de-
PENDANTS street car line, paid his fare
and received a transfer check which en-
titled him to continue his journey by
the "next" connecting car on another
line of the same company. He took the
next Car Oh the connecting line and the
conductor took up his transfer check.
Without notice to the plaintiff this car
was taken off after gong short dis
lance. The conductor having diSap-
peared. the plaintiff was informed by
the driver of that car that he should
take the next passing car. He did SO,
but was put off by the conductor of that
car because he had no transfer check
and refused to pay fare again.
Held, that plaintiff showed prima
facie a right to recover for the conduct
of the defendants agents leading to and
including the expulsion.
Insurance Law Points
Church of St. George. of Glencoe. Mimi, re-
spondent, VS.. sun Fire Office Company of
London, England, appellant. Judgment
affirmed DICKINSON j.
Syllabus - The policy OF insurance
here sued on contained condition that
it should be void if the assured (plaint-
iff) should procure other insurance OH
the property.
After the issuing of this policy the
plaintiff mortgaged the premises to Sc
cure loan then made. and covenanted
in tue mortgage TO cause the property to
be insured and that the policy should be
made payable to and delivered TO the
mortgage. The MORTGAGE was also
thereby authorized procure insurance
at PLAINTIFFS expense i'll Case of the de-
fault of the latter so to do. Before the
delivery OF the mortgage thu mortgage
procured such insurance assumed to
cover the interest of the owner without
the knowledge or authority of the
plaintiff, and after the delivery of the
mortgage the mortgage by mail in
formed the plaintiff merely that he
had procured insurance at the expense
OF the latter, withholding the cost OF it
from the money loaned. The plaintiff
was not informed and did not inquire
whether the insurance covered its i'll
tereSt as owner, or only the interest of
the mortgage, which would not cOnsti-
tute the breach of the policy of the suit.
Held, first, that the plaintiff is not
to be deemed to have procured the addi-
LiOnal insurance.
Second that thecircumstances did not
Justify the conclusion that the acqui-
eScence or ratification the plaintiff had
consented 10 or adopted the insurance
as one covering its interests as owner,
the plaintiff having no knowledge that
such was the nature of the insurance,
and owing no duty 10 this defendant to
inquire as to the terms OF the contract
made between other parties.
The Burden of Proof.
State of Minnesota, respondent, VS. James P.
Ahern, appellant. Order affirmed.
DICKINSON, ].
Syllabus-In criminal trial, the at
torney for the state speaking to the jury
upon certain point, commented upon
the fact that the defendant had not
testified in his own behalf. This was
error, but held harmless for the reason
that the evidence of defendants guilt
was conclusive and uncOntradicted.
In pI oSecuti0nS for an unlicensed sale
of intoxicating liquor the burden is on
the defendent to show that he had
license. The quantity of liquor sold is
immaterial if it be less than five gallons.
Two Points Involved.
Josias r. King, as administrator de bonis
non, respondent, VS.. Mary Mccarthy ct al,
appellants. Order affirmed.
MITCHELL, j.
Minneapolis Mill Co. VS.. NJ. IL St. l..
Ry. Co., 80 \. w. Rep. $50, followed as
to the admission of the testimony of a
nonresident witness given OH a former
trial.
Upon the preliminary inquiry in such
cases as to whether the witness is dom
lcIled out of the state or is likely to re-
main out of the reach of the process of
the court his own declarations of inten
ton are admissible, i'll connection with
evidence of the fact of his departure or
absence from the state.
The "homestead' rights of the widow
are limited to the land which her huS-
band had actually devoted to homestead
purposes and was occupying as such at
the time of his decease.
Touching Contracts.
Peter Joseph Schaps ct al, appellants, VS.
Jonn LOhneT, respondent; Peter Joseph
SchaTs Ell al, appellants, VS.. John c. Eul-
zor, respondent: Peter Joseph Schaps ct
al, appellants. VS.. Mary Diederich re
spondent. Judgment affirmed.
MITCHELL, J.
SyllabuS-Eyidence held to justify the
findings.
The mere fact that one of the parties
to contract was insane (he not having
been SO adjudged by judicial proceed
ings), does not render the contract void,
but at most only yOidabIe, and cOnsti-
tutes no ground for setting it aside
wnere the other party had no notice of
the insanity and derived no ineQuitable
advantage from 1t, and where the par
ties cannot be placed in statu quo.
Phoenix Publishing Company, appellant vs.
Riverside Clothing Company, respondents.
Judgment affirmed. Dickinson. j.
Syllabus-lt is competent to prove by
parol the existence of any separate oral
agreement as TO any matter as to which
a written instrument is silent and which
Is not inconsistent with its terms, when
it is apparent that the parties did not
intend the writing 10 be complete and
final statement of the whole transaction
between them.
Henry E. Hastings appellant VS. A j. W.
IhnmnEnn I'd