The Indianapolis journal., 1893-06-26
THE COURT RECORD.
APPELLATE COURT OPINIONS.

APPELLATE COURT OPINIONS.
900. Francis M. Ferguson ct al. VS.. AL.
fred d. DespO. Lawrence T.. &. Reversed
in part; affirmed In part. Reinhard, ).
The omission to give the names OF the
parties in the title may be supplied by
naming them In the body of the assign
ment of errors. g Under the statute
(Elliotts Sup. Sec. lIl0) no notice Of an in
teItion TO hold a lien further than the
filing of the notice OF intention az required
by Section 1907 IS necessary.
1871. James Phillips Vs. Ben jamln Jolll-
saint. Floyd G.. e.. Affirmed. Gavin, G.
J.-If q statute repealed, by implication, q
former statute on the same subject. yet.
under Section 24S, X. -, accrued right
under the former statute will not be at
fec ed.
932. Geo. X. Johnson ct al. vs. Theodore
McNabb ct al. Steuben Z. c. Reversed.
Davis, 1.-The court In this case erred In
instrncting the jury that there was fail
ure OF proof preceding appeliants recovery.
5S7. L., n. A. & Z. Ry. Co. rs. Frank STAN
GER Monroe &. g. Rehesring denied.
Lotz, J. Gavin. e. J. Reinhard aud Davis,
j. j.. concur. Ross j.. dIssents s.-When an
ing badly scared and sounds the whistle, as
required by statute. bnt does not slacken
the speed of the train. and increases it,
there was negligence by him.
John Lorenz. Harrison c. c. Rehsarins
denied. Ross. j. Gavin, Z. J., and Rein
hard, j.. dissent.-lf u clause OF condition in
an application for insurance is 90 inoon-
sistent with clause or condition In the
policy issued thereon that both cannot
stand together, aud especially If that in the
application is one upon which the issuing
OF the policy depends. it must necessarily
control.
coo: Meridian National Bank, vs.: Frs.
denied. GAVIN, C. ia bona fide assignee
by indorsement for value takes q certified
check freed from any equities existing be-
tween the original parties.
S14. John kiley ct al. VS.. Reuben Muir
ply. Grant {. &. Rohearing denied. Ross.
J.-Where this court would have had juris-
diction of the original action. it has juris-
dictiOn of the proceeding to review.
Sl9. Pennsylvanis Company VS.. William
Burgett. Allen S. G.. Rehearing denied.
Davis J.-Where an emplOye has knowl.
edge of defects In machinery and the mas
ter has no knowledge he has no right to
indulge the presumption that 1t has been
repaired. and he was chargeable with no.
tice of such defects, and bound to use care
in proportion to the danger.
700. Minerva Robbins VS.. William II.
Swan, Executor. Randolph G.. &. Re-
versed. Davis. J.--When tho parties, an
executor and legssee. act upon the theory
in the trial c0urt that the case is an agreed
appeal, although the case may not come
within the statutes. 2. Prior to the execu-
tion of q will the testatrix paid to a per-
son a sum of money, taking receipts. stat
ing that it was part of the amount she
might zee fit TO bequeath to the payee ut
her death. Afterwards she beQueathed her
q certain sum absolutely in her will and
thereafter stated that she iutended the
legatee to have the sum stated in the will.
Held: The legacy was not TO be- diminished
by the previous paymenta Reinhard. j..
dissents.
6s9 Margaret Puterbaugh, Adminlstra-
trlx. VS.. Horace Puterbaugh. Cass G. C..
Rehearing denied. Davis. J.-W here the
vendor has made n sale under the belief
that he had title and it 10 found he cannot
make title, the measure of damages is the
purchase price. with interest; but If the
vendor. knowing that he has not IN him.
SELF @ perfect or complete title. under the
expectation that he can get the title, or
that his wife will join him In the convey
ance. agrees to sell and convey real estate
and is disappointed IN failing TO secure the
title or by his wife refusing TO join with
him In the conveyance. be Is liable 10 dam
ages. although he acted in good faith. for
the value OF the lands or the interest
therein. which he fails to convey.
SUPERIOR COURT.
Room l-James NJ Winters. Judge Pro Ten.
David G. Shirk va. Urian NJ. Chaille ct
aL: note. Judgment for plaintiff for 50 10.
Daniel Foley w. VIM. j. Geisel ct Al: