St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-09-09

pany is obliged 10 give equal or Su0Stan-
TALLY similar facilities for the trans
pOrtation of grain to all persons who III
good faith erect or desire to erect ware
houses at any of Its stations, and If a
demand therefor is unreasonable re-
fused, the state railway and warehouse
commission may. after due investiga-
ton, proceed to enforce the perform
ance of such duty.
railway company may impose rea-
sonable terms and conditions upon per-
sons who demand such facilities, but
they must be the same for all.
AS TO COLLATERAL SECURITY.
Second National Bank of Grand Forks. ap-
pellant, VS.. William c.. Sproat, respondent
Order affirmed. VANDERBuRGH. j.
Syllabus-Plaintiff had in its posses
sion collateral security for debt due
from third party who also owed the
defendant; held that an agreement by
the parties in interest that any sum re-
ceived upon such collateral security in
addition to the indebtedness first Sc
cured thereby, should be applied on the
debt due from defendant, operated as an
equitable assignment to defendant of
such surplus if any there should be.
Where creditor held as security GER
tain pine logs which it was agreed that
he should manufacture into lumber,
dispose of the same and apply the net
proceeds upon the Indebtedness so
secured, held 10 be the duty of such
creditor to use reasonable diligence to
secure the best net results, and that it
would devolve on him to account for the
proceeds and to show what expenditures
were necessarily or reasonably incurred
in the management of the trust.
Certain alleged errors held without
prejudice in view of the state of the evil
dence upon the issue in respect to the
balance due defendant derived from the
collateral security.
SECURITY OF BANKS.
Paul Van Vlissengen.:J r., Receiver. etc. appel
liant VS.. Board of County Commissioners
OF Clay County. Order reversed.
VANDERBURGH, j.
Syllabus-The statute requires that
banks designated bv the board of audit
OrS Of county as Repositories of the
funds collected by county treaSurerS,
shall secure deposits to a specified
amount by bonds with sureties approved
by the county commissioners. No other
or different security is contemplated as
condition of receiving such deposits.
1t will not be presumed that the county
board will accept other security in lieu
thereof.
An assignment of mortgage TO
county, voluntarily made by bank
holding deposits as one of the deslg-
mated Repositories of the county funds,
and placed in the hands of the county
attorney and intended as further secur-
ity generally for deposits accrued and
which might accrue to and beyond the
limit, held Intellectual as a delivery to
the intended assignee, or as transfer
OF the security as against a subsequent
assignment of the bank which took eff
feet before the actual delivery to or ac-
ceptance by the county board of the as
Signment frs mentioned.
LAW OF LEASE.
Joseph Congdon. respondent, VS.. Levi L.
Cook, appellant. Order affirmed
VANDERBURGH. j.
Syllabus The language, 1.-THE
owner Or person having or claim
ing any interest" found in section
5 of the lien law of 1889. must
be held to include lessons of land lm-
proved by the lease. And unless the
notice required by the same section is
given or the omission is reasonably &C
counted for or explained, the estate of
by that act, subject to the limitation in
respect to repairs" in the proviso of
the same section.
The right of entry to post the notice
being given by law. a peaceable entry
Tor such purpose is not treSpaSS.
The statutory provision in question is
valid exercise of Legislative power;
and the legal basis of the lien in such
cases as against the owner in his con-
sent to all Improvement presumably
beneficial TO the property.
James T. Wyman, as receiver of Minneapo-
lie h,tfr1o Iirn
pellant VS.. Harrison Gillett ct al, re-
spondents. Judgment affirmed.
VANDERBURGH. j.
Syllabus-Evidence held sufficient to
justify the court in finding that the
defendants were induced to surrender
certain policies of insurance. and accept
others in lieu thereof. through fraudu-
lent representations. and under circum-
stances reasonably such as to miSlead
and prevent them from examining the
new policies in detail, and discovering
the difference between them and the
surrendered policies.
Other findings of fact held supported
by the record.
William E. Covey. as assignee, respondent
VS.. Dwight G. Cutler ct al, co-partners as
Cutler & Gilbert, appellants. Order af-
f1rmed. COLLINS, j.
SyllaOuS-Ine general rule or law that
voluntary conveyances of personal prop
erty valid by the laws of the state
where made pass the title wherever the
property may be situated, is applicable
to the case of voluntary assignments for
the benefit of creditors.
Charles A. Stewart. respondent VS.. Rebecca
Raab ct al, appellan is. Order affirmed.
COLLINS, j.
Syllabus-A certificate to practice
medicine issued by the board of state
examiners under the conditions of q. l..
1883. CHI. 125. authorizes the holder to
practice the profession i'll all its
branches.
Frederick c. Penney, appellant VS.. Mutu al
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