St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-13

The Walter A Wood Harvester Company. a
corporation. respondent VS.. Rufus q. def
ferson ana James kas1cn. co-partners AS
jefferson d kasson. appellants Order re-
verSed CoLLINsJ
Where in an action brought to recover
the full amount due upon stock SUBJ
Scrlption agreement, or; a final payment
when the amount is to. he paid in in
stallments. 1t Is alleged in the complaint
that after signing the agreement de-
fendant subscribers delivered it to
plaintiff corporation, and the latter then
ana there accepted the subscription and
agreed to deliver the shares subscribed
for 10 the former when paid for, it is
also necessary to allege readiness and
Willingness on the part of the plaintiff
to deliver the stock certificates.
Held that the complaint herein stated
but one cause of action, although
number of calls made by the board of
directors for the payments of install
ments of the amount subscribed and
defendants refusal to pay were set
forth separately and independently,
including call for the final Mstlment
due.
In the case of Nicholas P. Valerius
VS.. Tedy Richard ct al, in which Judge
Collins reverses the order of the lower
court, Judge Canty dissents from the
opinion of the rest of the court. The
syllabus is as follows:
Nicholas P. Valerius. respondent. VS.. Tedy
Richard ct al, appellants. Order reversed
COLLINS. j.
In civil actions the power of the trial
court to grant new trials is limited to
the grounds specified and prescribed in
q. S. 1878. CHI. 66, sec. 253. 1t follows
that for errors of law occurring upon
the trial but not excepted to. new trial
cannot be granted.
The other cases and syllabi are as fol.
lows:
Northwestern Consolidated Milling Com
pany. appellant. Order affirmed.
COLLINS. j.
l. When servant who has knuwl-
edge of defects in the instrumentalities
furnished for his use. or in machinery
about which he is employed, is induced
to remain i'll the service by reason of
promise made by the master that the
defects shall be repaired or remedied.
the lnStrumentality or machinery not
being so imminently and Immediately
dangerous that a man of ordinary pru-
dence would have refused to longer
use or work about ii, the servant NAV
recover for all injury caused t,e-sby
within such period of time after he
promise as would be reasonably allowed
FOR its performance, or within any pc
Rod which would not preclude all rea-
sonable expectation that the promise
might be kept.
2. Held in the case at bar that upon
the evidence it was for the jury to
determine whether a reasonable time
had elapsed after the alleged promise
and before plaintiff suffered the injury.
8. When complaining of defective
inStrumentalitieS or machinery to the
master it is not necessary that the serv-
ant shall state in exact words that he
apprehends danger to himself by reason
of the defects, nor need there be a
formal notification that he will leave
the service. unless the defects be re-
paired or remedied. 1t is sufficient if,
from the circumstances and the CONVEX
sation. il can he fairly inferred that the
servant is complaining on his own ac-
count, and that he was induced to con-
tinue in the service by reason of the
promise.