St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-02

Syllabus.-The debtor Of an insolvent
bank, which has made an assignment
of all its property for the benefit of
creditors cannot set off against his
debt to the bank a check drawn in his
favor by a depositor of the bank, be-
fore the failure of the bank, but which
had not been presented for payment.
Order reversed.
MITCHELL, J.
Evidence Sufficient.
Martha A. Pound, as Administrative
of the estate of George c. Pound, de-
ceased, appellant, VS. James H. Pound,
respondent Syllabus.-Held that
there was sufficient evidence of title
in plaintiffs intestate to require the
submission of the case to the jury.
Order reversed.
MITCHELL, j.
Was No Acceptance.
Anthony Schwartz land Michael
Schwartz, co-partners as Schwartz &
Co., appellants, VS. The Church of
the Holy Cross, of Minneapolis, re-
spondent. Syllabus.-An order grant
ing new trial on the ground that the
verdict was not justified by the evil
dence affirmed under the rule Of Hicks
VS. Stone, Is Mimi. 434.
When plaintiffs furnished and set
up in defendants church three affairs
the defendant promptly notified them
that it refused to accept them because
not according to contract and request
ed plaintiffs to remove them. This
notice and reqIeSt was frequently re-
peated, but plaintiffs failed to remove
the affairs ami allowed them to remain
in the church, which was used by de-
INT fog In Of Vim
While tbs affairs remained in the
church, after such notice of MONACO
ceptancG and request to remove them,
the defendant used one of them for
the purpose of celebrating mass, but
there was no evidence that such use
impaired the condition or value Of the
altar.
Hence, that, under the circum-
stances, such temporary use did not
amount, as a matter of law, to an ac
ceptance CT the affairs; that at most,
it was merely evidence from which
the jury might have found an ac
ceptance
The distinction pointed out between
delivery which will pass the title
to the venGee, and acceptance" Cf the
property, as the performance of the
contract, which will bind them to
pay for it. Order affirmed.
MITCHELL, J.
Subject to Ordinance.
City of Duluth, respondent VS.. The
Duluth Street Railway Company, APP
pellant Syllabus-The amendment to
the constitution proposed by Gen. Laws
1881, oh. 8, prohibiting special and pri-
vate legislation on certain subjects did
not take effect as q part of the consti-
hn off oil of "a
vote.
The word "Oneota' in defendants
charter, Sp. L. 1881 (EX. Sess.) Oh. 200,
construed to refer to the village or
hamlet known by that name, and not
to the municipal township of Oneota.
Ordinance No. So of the village of
West Duluth construed and held that
in the construction and operation of
all it's railway lines the defendant is
subject to all the conditions and reg
ulations Of the ordinance whether such
lines are within or without the territory
III which it was authorized to construct
and operate railway lines under it's
charter. Order affirmed.
MITCHELL, J.
Properly Stricken Out.
Fergus Printing and Publishing Com
pany, respondent, VS.. The Board of
County Commissioners of Otter Tail
County, appellant. Syllabus-Defend-
ants counter claim held to have been
properly stricken out for the reason
that it neither arose out Of the trans
action set forth in the complaint, nor
is alleged to have existed at the COM
mencement of the action.
General Statutes, chapter II, section
10, does not govern the rate of COM
pensation for publishing the forfeit
ed tax list" pursuant to Laws of 1893,
chapter 15C; that in the absence of eX-
press contract, the publisher is en-
titled either to the reasonable value of
the work or else to the rate fixed by
General Statutes, chapter 70, section 81.
Order affirmed. MITCHELL, j.
Breach of Contract.
Ferdinand Meinert, respondent, VS..
Charles Bottcher ct al, appellants.
/ Syllabus-Where a bond contains con-
tract for the performance of certain
things and the obligor binds himself
in penalty for the performance of the
contract, the penalty is not the limit
Of recovery on the instrument.
In an action for the breach Of the
contract the obligee may recover dam
ages as often as the breach arises,
even beyond the penalty. Judgment
affirmed. MITCHELL, j.
IacUrs No Liability.
Henry Schmidt, appellant, vs. Louis
n. Gayner, respondent. Syllabus-A
receiver, being an officer of the court,
incurs no personal liability for acts
done under and in strict conformity to
the order OF the court. For such acts
an action will lie against him only in
bic official c1na pjfV and judgement mllSi