St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-27
SIX ARE BY COLLINS
Supreme Court Decisions on
Several Cases of Minor
Importance.
LOWER COURT REVERSED
In the Case of William Lynes.
Respondent, VS.. M. Holl,
Appellant.
NOTE DECLARED USURIOUs.
In a Case From the Village of
Fosston--Other Decisions
Filed.
NOTE DECLARED USURIOUs.

The supreme court handed down six
decisions yesterday, all written by
Justice Collins. In all but one of the
cases the judgments and orders of the
lower courts are affirmed, the reversal
being in the case of William Lynes,
respondent, VS.. Matthias Holl, appel
liant, in which the court holds that the
verdict rendered by the trial court
was not supported by the evidence.
The titles and syllabi of the cases
follow:
VERDICT SUSTAINED.
M. j. OBrien, respondent, VS.. Col
chester Rubber Company, appellant
Syllabus. The plaintiff sold goods
for defendant, a manufacturer, under
an agreement that he should receive
a percentage as his compensation on
all orders taken, sent in and accepted,
and also that he should be notified in
/ case of defendants refusal to accept
any of the orders sent in. Held, in an
action to recover such percentage,
that acceptance of the orders might be
inferred from the fact that defendant
received and retained them, without
had been rejected
2. Held, that the verdict was sup
ported by the evidence. Order af-
hrmed. COLLINS, J.
HE CANNOT SHARE.
In re assignment of Clerk, Dickinson
furniture Company ct al. John V.
Farwell Company ct al, appellant,
VS.. Jerome S. Beach, assignee ct al.
respondents
Syllabus-There is no provision of
statute permitting a creditor to share
in the proceeds of the estate of an in
solvent, without filing a release. on the
ground that the insolvent contracted
the debt by means of false representa-
ton, and fraudulently.
Held, upon the evidence in the case.
that the petitioning creditor is not
entitled to share in the proceeds of
the insolvent estate, without filing a
release, on the ground that the insol-
vent, a partnership, failed to keep
books of account, or records from
which, its true condition could be as
certained. Order affirmed
. COLLINS, J.
+, COURT DID NOT ERR.
In re assignment of Herman Westphal,
1nsolvent, M. Gallagher, assignee, ap-
r. pellant, VS.. Richard WEIGH ct al, re-
SpondentS.
Syllabus-Held, upon the record in
this case, that the district court did
not err when it refused to allow an as
S1gnee in insolvency greater sum as
compensation for his services than the
maximum fees prescribed by G. S. 1894,
section 1858. Order affirmed
COLLINS, ].
Canty, j., did not sit.
WAS USURIOUS.
John Cromb ct al, co-partners as Bank
OF Fosston, appellants, VS.. Ludwig
. Olson, Lars Olstad and Even o. Oh
stad, respondents.
Syllabus = Held, on the undisputed
facts, that the note upon which this
action was brought was usurious. Judg-
ment affirmed. COLLINS, J.
A GOOD CAUSE.
S. Q. Norman, respondent, VS.. Anthem
Eckern, appellant.
Syllabus. : The complaint herein
stated good cause of action Order
affirmed. COLLINS, J.
VERDICT NOT SUPPORTED.
William Lynes, respondent, VS.. Matthias
Holl, appellant.
Syllabus-Held, that the verdict was
not supported by the evidence. Order
reversed. COLLINS, ].