St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-18

1
the Printed Conditions on the
| Blank as Defense-Mental
Suffering Held Not to Be an
Item of Damages.
The supreme court yesterday handed
down six decisions, all written by Judge
Mitchell. In four of the cases the de-
cisions of the lower courts were re-
versed and the other two affirmed.
A case that has created good deal of
interest Is that Of S. o. Francis. re-
spondent, VS.. Western Union Telegraph
Company, appellant The supreme
court reverseS the order of the lower
court in this case, all members of the
court concurring in this decision eX-
cept Judge CAVITY, who reluctantly
agrees" in part to the opinion of the
rest of the court, which holds that the
conditions printed on telegraph blanks
of the Western Union company are
unreasonable and inapplicable." This
company failing 10 transmit a message
sent by S. o. Francis. the latter sued
for damages, both for mental suffer
ing and pecuniary loss" Tho court
holds that the conditions are unreasOn-
able. and that the plaintiff cannot re-
cover in damages for the failure of the
telegraph company to deliver the mes,
sage. The syllabus and title Of The case
are as follows:
S. o. Francis respondent. VS. Western Union
Telegra phi Company, appellant Order re-
yersed. MITCHELL. j.
A message delivered to the defendsnt
for transmission was written OH one of
its blanks, upon which were printed the
following conditions: First, that the
company would not be liable for mis-
takes or delays in the transmission or
delivery or for n0n-delivery Of the mes
sage beyond the sum paid for sending
the same. unless the message was Or
dered repeated. Second. that the COM
pany would not be liable for damages
in any case where the claim was not
presented within sixty days after the
message was filed with the company for
transmission. The company neglected
to transmit the message at all, and the
addreSsee brought an action.
HELD, that these conditions were uE-
reasonable and inapplicable.
In an action against telegraph CON-
pany for failing To transmit and deliver
message, damages for mental suffer
Ing cannot be recovered.
The common law rule in this reSpec
is not changed by Laws 1855, CHI, POS.
entitled IAN act to regulate the bust
ness of operating telegraph lines, etc"
The svllabi of the other decisions
are as follows:
Andrew Tharalson. as assignee of A. F.
Nordstrom, appellant. vs. Wyman, Part
ridge d Company, respondents Order re-
versed. MITCHELL. j.
Although an action is tried by court
without jury, the court has no Eight 10
dismiss it without finding on the
establish cause of action, except
where the evidence adduced by the
plaintiff would not have justified find
ings in his favor. If the evidence would
have justified findings in favor of the
plaintiff, it tine duty Of the court under
the statute to give its decisions in
writing, stating the facts found and the
conclusions of law separately.
The Woodw ard Holmes Comrany, appellant
VS. William II. Nudd ct al. defendants
Laura Nudd, respondent Order reversed.
MITCHELL, J.
Partnership capital invested in land
for the benefit of the company will be
treated as personality, and not subject
to dover or inheritance, until it has per-
formed all its functions TO the partner
ship and thereby ceases to be partner
ship capital.
The inchoate right of the wife of
partner in the real estate of her huS-
band only attaches to such OF the real
estate as remains in specie unconverted
after the partnership is terminated by
Judgment Or agreement, and its affairs
completely wound up and ended.
in an action Ivy one partner against
his cO-partner to dissolve the partner
ship and wind up its affairs. the part
nerShlp real estate was sold under the
order of the court, the proceeds to be
applied in payment of the firm debts,
and the surplus. If any. divided be-
tween the partners according to their
respective rights.
Held. that the purchaser at the sale
took the land free from any inchoate
interest of the wives of the partners,
and that it was immateriai that the land
brought price IN excess of the amount
necessary to pay the firm debts. or that
1t might not have been necessary to sell
the whole of the property merely to pay
the debts.
Emily F. Leonard. plaintiff. and Frank
koenig, plaintiff, respondents. VS.. Peter
SWdnSOn CT Ill. ueIenQaDlS. hank n. An
derson, appellant. Judgments affirmed.
MITCHELL j.
A deed from the owner of the equity
of redemption of mortgaged premises to
the agent of the mortgage held in this
case TO have been taken as further Sc
curity for, and not in payment of, the
mortgage deed.
Also that there was no evidence of
any extension of the time of payment
CT the debt so as to release surety.
John Day Smith, as Assignee of Cyclone
seam Plow Company. insolvent APPEL
liant VS.. Charles II. Prior ct al, respond
ents. Order affirmed. MITCHELL, j.
In an action by the assignee of an
insolyent corporation against Its stock
holders to recover the amounts claimed
to be due and unpaid on their stock. the
allegation of the complaint being
merely that no part of the stock except
a specified sum had been paid. evidence
pOratiun had accepted in payment of
the stock property that was greatly
overvalued and grossly inadequate III
value to the par value of the shares.
The cause of action alleged was one in
favor OF the corporation and founded on
contract, while the one sought 10 be
proved was one in favor Of the creditors
only. and founded on fraud.
Held, also, that it was not an absence
of discretion TO refuse to allow the COM
plant to be amended OH the trial.
Hans North ct al, respondent. VS.. Julius
Johnson Ell al, appellants; Erick Skog-
Iurd. respondent, VS.. julius johnson ct al,
appellants. Order reversed.
MITCHELL, j.
Actions OH bond executed pursuant