St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-02

Six Decisions Handed Down by
the Supreme Court-Thrce Re.
versals-Duluth Road Loses Its
Test Case of the Law Passed by
the Last Legis:ature-Dra
but Ripding.
The supreme court yesterday handed
down six decisions, all written by
Justice Cauty. In two OF the cases the
courts below are reversed, and in one
case the lower court is reversed in part.
The most important matter decided
was in the appeal of NJ. l.. Gladscn,
the engineer Of the Duluth road, who
while pulling the fast mail and express
of the company, which according u the
schedule of the company was to make
no stop between st. Paul and Duluth,
refused 70 stop ut Pine City. Pine City
is town Of 500 inhabitants. but Is the
county seat of Pine county. The last
legislature passed law requiring rail
road companies operating lines i'll
Minnesota to stop all passenger trains
at all county seats on their lines. The
Duluth railway company operated the
passenger train in question for the ac-
commUdatlon alone of through bust
ness, and declined to modify its
schedule to comply with the law. En-
gineer Gladson in refusing to halt at
Pine City was acting in compliance
with the orders of the company. He
was arrested, taken before a Justice of
the peace, found guilty Of violating the
law and sentenced. Acting under in
structions of the company he appealed
to the district court. That court af-
tirmed the justice court, and appeal was
taken TO the supreme court. The SUI
preme court atfirms the district court.
In the opinion the court says:
''Nh lille it seems to US that it is rather
drastic legislation to compel this train.
which is designed for through traffic
and stops at no other station en- route,
to stop at this one station while there
are so many other trains to do the local
business, still we cannot substitute our
Judgment Ter that of The legislature"
The syllabus of the decision is as fol-
lows:
State of Minnesota. respondent VS.. NJ. L.
Gladson, Appellant. Judgment affirmed.
CAVITY, j.
Syllabus-Held, ch. Sc, Laws of 1898,
requiring railroad companies to stop all
regular passenger trains at county seats.
is not uncunsilu ioiiai or void, either as
being all unreasonable regulation or as
interfering With Interstate commerce.
Held further. sad statute is not void
as to a train carrying the United States
mail which also carries passengers be-
tween points within this state.
The Syllabi in the other decisions are
as follows:
yellow Medicine County Bank, appellant,
z VS.. O.J TagleJ ct al, respondents. Or
/ der reversed. CAVITY, j.
, Syllabus The plaintiff having pur-
chased the negotiable promissory note
i'll suit for valuable consideration be-
fore maturity,
Held it does not establish Its good
faith and want OF notice or knowledge
of any defenseS 10 the note SO conclu.
sively that the same must be held eStab-
lished as question Of law, but the
question of lis good faith and want of
notice is for the jury.
2. Held on the evidence in this case
1t was question for the jury whether Il
material alteration was made in the
note without the consent of the makers
3. Where the maker of a negotiable
promissory note was induced to sign
the same by fraudulent representations
as to the nature and effect of the IN
strument signed and under the belief
that he was signing some other or
different negotiable Instrument,
Held in such a case, CHI. ia, q. l..
1888, does not apply SO as to avoid the
note for such fraudulent representa-
tons in the hands of innocent pur-
cnasers in good faith before maturity
for value.
4. Where several makers of nego-
table promiSSorY note left it with the
payee under all agreement that it
should hot take effect until certain
others had Signed it also, and, in viola
ton of the agreement, the payee in
dorsed and disposedof it,
Held, This Ito defense agai nst an in
nocent holder in good faith for value
before maturity.
Olher rulings of the court below
considered and disposed of.
E. c. Davis respondent vs. The Crookston
Water WorGs. Power and Light Company,
a corporations, defendant appellant; Hugh
Thompson. lntervenor Order reversed in
part. CAVITY, j.
SyllabuS-Where a person perform.
ing labor Or furnishing material i'll the
erection OF a building is entitled to
mechanics lien to secure the sum due
him therefor, but before filing the lien
statement assigns the sum due him to
- another as collateral security for the
payment of debt due him to such
Dther,
Held that he is entitled to file such
lien statement afterward within the
statutory time, and the same will Sc
cure his equitable rights in the claim
assigned, and also lnure to the benefit
Of such assignee.
Held further, when such lien claim
ant makes All absolute assignment of
the sun SO due him and not merely an
assignment for the purpose of security,
a lien statement afterward filed by him
On his own behalf will not inure to the
benefit of his assignee. but is void.
Held further it is competent to show,
by oral evidence. that such written
assignment. absolute on its face, was i'll
fact intended merely as security.
Where q contract provides that it
should be performed on or before day
named, ami provided as stipulated dam
ages the payment of certain sum per
day for each days delay thereafter,
Held that it does not apply where the
delay is caused by the failure of the
other party 10 the contract TO perform
on his part.
Held further that there was evidence
sufficient TO sustain the finding that such
delay i'll this case was excused by rea-
SON of such other excuses provided for
in The contract.
Finding held rot to justify judg-
meGt declaring the sum due Lien on
the property.
Harry j. Farrell, respondent. vs. H. c. Bur-
bank. 3. +. Bloomingdale and F. Ii.
Burbank & Co, appellants. order re-
versed. CAVITY j.
Sl llabus-Where the plaintiff is in
tllt, emnioN Of 1lafandantS IuIn ar., Id