St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-18

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Entitled to a Lien.
John G. Emery, doing business as The
Minnesota Granite and Polishing Com
pany, respondent, VS.. Charles NJ
Hertig, ct al, defendants, Charles NJ.
| Hertig and The Merchants National
| Bank of st. Cloud, appellants. Syl-
| labus-ActiOn to enforce a mechanics
lien for labor performed by,plaintiff for
| a building contractor in polishing GER
tain granite columns designed and
! used by the contractor in constructing
building for defendants bank.
Held that plaintiff was entitled to q
| lien, although when he performed the
work he did not know for what par
ticular building the columns were in
tended. If it was understood Gas must
have been from the nature of the
columns) that they were intended for
building purpose, and not tor a general
market, this was enough. Order at
firmed. BUCK, j.
Concerning Policy.
Washburn Mill Company. respondent,
VS.. Fire Association of Philadelphia, ap-
pelIant. Syllabus-Where property is
insured for the benefit or the mortgage
as its interest may appear. and the
mortgage has been duly forecloSed prior
to the time of such insurance, and the
premium paid by the MORTGAGE, but
the time for redemption not being eX-
pired until a period subsequent to the
insurance. Held that the non-redemD-
ton from the mortgage sale by the
owner of the premises did not work an
alienation Of the property so as to de-
feat the policy, but that an action might
be maintained in case of loss without
notice to the insurance company Of such
non-redemDtion and a notation thereof
made on the policy Notwithstanding the
policy provided that the mortgage
should notify the company of any
change of ownership. in the property
insured and that it be so noted on the
policy. Affirmed. BUCK, j.
Will Not Interfere.
ST. Mary'5 Hospital Ga corporation),
respondent, VS.. National Benefit Com
panY "a corporation), appellant. Syl-
IabuS-An application to vacate and set
aside judgment rendered upon de-
fault is one addressed to the discretion
of the trial court, and unless there has
been an abuse of discretion this court
will not interfere. Order affirmed.
BUCK, j.
The Title Acquitted.
Herman Logenfeil as administrator of
the estate of Traugot Richter, deceased,
respondent, VS.. August Richter, appel
liant. SylIabus-A person ninety-two
years old and in poor health was the
owner of two promissory notes of the
amounts of 5000 and $500, and being in
the apprehension Of death wrote upon
the back of the 5000 note as follows:
The within 5000 are to be paid after
my death TO my grandchild, Karl Angst.
yEtif int
Signed Traugott Richter" and then
delivered the note as indorsed to Angst.
A similar Endorsement and delivery was
made Of the $500 note, except the
amount payable By the Endorsement
was $500. Richter died February 10,
1898
Held that August by such indorse~
ment and delivery acquired no title in
or to the notes or the sums payable
thereon. Affirmed. BUCK, j.
Contract Was Void.
Horatio Houlton, appellant. vs.. Charles
II. Dunn, respondent. Syllabus-The
plaintiff agreed with defendant to locate
him upon valuable quarter section of
pine land, which had been long with
drawn from market for railroad pur-
poses, and to instruct him as to what he
should do as such settler and do all that
was necessary or could be done to bring
the land into the market and enable de-
fendant to acquire title thereto under
the homestead or prescription laws Of
the United States. In pursuance and
performance Of this agreement the
plaintiff attended severalsessions of con-
gress and appeared before the secretary
of the interior and the committee of the
senate and the house of representatives
and employed counsel to urge the pas
sage of bill declaring said lands for
feited to the government and providing
that parties who had settled on the land
in good faith should have the prefer
enCe to enter the same under the homo
stead laws when the same should be re-
stored to the market. For such service
the defendant agreed to pay plaintiff
when he (defendanD should acquire the
right to make final proof for such land.
Held, That the contract was void as
against public policy. Order affirmed.
BUCK, j.