St. Paul daily globe., 1893-10-17

They Are Held to Be Outside the
Lines of the Northern Pacific's
Right of Way-An Involved
Life Insurance Case Unraveled
Liability of Purchasers of
Negotiable Paper.
The United States circuit court of
appeals was in session yesterday with
Judges Henry G. Caldwell, Walter Ii.
Sanborn and Amos NJ. Thayer on the
bench. Opinions were handed down as
follows:
Patrick r. Smith, plaintiff in error,vs.
Northern Pacific Railroad Company, de-
fendant in error. In error to the circuit
court of the United States for the dis
tIict of North Dakota. Reversed. Opin-
ion by Judge Sanborn.
As against one holding under pat
ent of the United States without reser-
vation, the right of way granted to the
Northern Pacific Railroad company by
the act of congress, approved July 2.
1864 Q3 Stat. ch. 2l7, p. 365), is limited to
two hundred feet in width OH each side
Of the line of railroad definitely tiXed'
by the company's map of definite loca-
ton, fileG May 26, 1873, and as the lots
in question i'll this action were not
within these limits they were not sub
ject to the defendants right of way.
The Memphis Land and Timber Com
pany. appellant, V. Mary S. Ford. ap-
pellee. Appeal from the circuit court
of the ed States for the Eastern dis
trict of Arkansas. Reversed. Opinion
by Judge SanbOrn.
Exchange National Bank of Spokane,
Wash, plaintiff i'll error, V. The Bank
of Little Rock, Ark, defendant in
error. In error to the circuit court of
the United States tor the Eastern dis
trict of Arkansas. Affirmed. Opinion
by Judge Sanborn.
The rule of caveat emptor applies to
the purchaser Of negotiable paper to
such an extent that he must bear the
loss resulting from fraudulent and un-
authorized alteration in the terms or
amount of draft made by third per
son after its issuance and before its
purchase, even where the drawer or
maker writes 1t so careleSsly that the
forgery may be committed without eX-
citing any suspicion thereof.
LIFE INSURANCE LAW.
Equitable Life Assurance Company,
plaintiff in error, VS.. William Z. Win
ming, administrator of E. c. Hiett, de-
fendantin error. In error to the circuit
court of the United States for the West
ern district of Missouri. Affirmed
Opinion by Judge Thayer.
A policy of life insurance was issued
in the state of Missouri which contained
a provision that the insured should
give notice and file proofs of death
within ninety days after the death of
the assured, otherwise the policy was
TO become void Held that the act of
the company in declaring the policy
forfeited Irior to the death of the as
sured was waiver of the provision re-
Qulrlng notice and proofs to be sub
mItted within ninety days after the
death of the insured.
ArtemaS Roberts. plaintiff in error,
VS.. Walter f. Lewis, defendant in error.
In error TO the circuit court of the
y lited States for the District of Ne
Dfaska. Certified to the supreme court
OF The United States. Certificate by
Judge 1hayer.
DID NOT TENDER THE COIN.
Wescott ct al.appellants, VS.. MuIvane,
appellee. Appeal from the circuit
conrt of the United States for the dis
trict of Kansas Affirmed. Opinion by
Judge Tbeyer.
This was suit to specifically enfor ce
a Contract made by the president of the
Topeka Water Supply company to sell
to Boston syndicate the entire capital
stock of that company at the price of
Sj00,00 Held that the contract could