St. Paul daily globe., 1896-04-28
ZENITH CITY MATTERS OCCUPY
THE ATTENTION OF THE sU-
PREME COURT.
ASSESSORS CONTEST RESET
WHILE THE MUNICIPAL COURT
DECISION IN ANOTHER CASE
IS REVERSED.
WADENA COURT is LIKEWISE
Corrected by the Judgment of the
United Bench of the State
Court.

The quo warranto proceedings brought by
Thomas B. Hawkes. of Duluth to compel
Assessor Wadhams, of that city, to show
cause why he should not be ousted came up
in the supreme court yesterday, but
were postponed until Monday next in order
TO give the parties more time. Another Du-
iuth case was decided by the court and the
Zenith city municipal court reversed. the syl-
labus being follows:
Margaret Lynch, respondent vs. Albert Free
and James Sheriden, defendants; James
Sheriden, appellant.
In an action by the indorsee after maturity
pI pronlSSory note, an Indebtedness of the
Payee to the maker existing at the date of
the transfer Of the note is not a counter
claim but 'defense;" and the fact that the
Indebtedness thus set up as a defense exceeds
$500 does not GUST the municipal court of
Duluth of jurisdiction to try the action
Held, that the court erred in striking out
portions OF defendants answer and also in
refusing to allow defendant to cross-examine
one Of plaintiffs witnesses upon material
point Order reversed. Mitchell, J.
Several other decisions were handed down
yesterday by the supreme court, one Of them
being reversal of the holding of the Wa
dena county court, as follows:
Isaac Hazlitt appellant vs. l.. w. Babcock
ct al, respondents.
Held that, under the evidence it was a.
question for the jury whether the husband
was cultivat1ng his wife's land for her bene-
Mt or on his own account under an agreement
feet
possession OF the mortgagor that chattel
mortgage was not executed in good faith
tGen. st. 1894, sec. 1929 obtains only in favor
OF creditors and purchasers of the mortgagor.
Order reversed. Mitchell, ].
The syllabi in the other cases are:
Washington Loan and Trust Company, ad-
mlnlStrator of the estate Of Maria T. Stod-
dard (deceased), respondent, VS.. Johanna
mckenzie ct al, defendants, U. L. Lynott
ct al, appellants.
mortgagOr cannot, as against the mort
gagee, acquire a tax title to the mortgaged
premises through a breach of his own COW
enant to pay the taxes.
And in that respect his grantee stands in
no better position than the mortgagor him
self.
M. executed mortgage to w., in which
he covenanted to pay all taxes on the mort
gagged premises. NJ. having defaulted in the
performance of this covenant the premises
were sold for taxes and purchased by l..
Subsequently, but before the time of re-
demption from the tax sale had expired, L.
obtained a quitclaim deed of the premises
from NJ, under which he Immediately went
into possession, and thereafter took steps
. TO perfect his tax title by causing notice
to be given of the expiration of the time
of redemption.
No redemption having been made, L.. in an
up his tax title, claiming that it had ex-
tinguished the lien of the mortgage.
Held that, after purchasing from the mort
gagOr, j. was disqualified from acquiring,
as against the mortgagor, any new or addi-
tional rights under his inchoate tax title.
Whether, in view of the fact that he ac
owed the mortgage any duty to protect
the land from taxes and tax sales, equity
would not keep it alive as lien superior
to plaintiffs mortgage for the amount re-
redeem QuanFo2
Judgment affirmed. Mitchell,
Louie E. Gale respondent, VS.. George N.
Evidence held to justify the findings. Judg-
ment affirmed. Mitchell, j.
Hanna Cornfeld respondent VS.. The Order
Birth Abraham, appellant.
Any association of persons transacting
business by a common name may be sued by
q certificate of membership which by its
such name. Gen. st. 1894, sec. SLIT. Where
q fraternal or benevolent association issues
terms is to continue in force so long as the
member complies with the rules of the asso-
citation, the presumption is that it continues
until the contrary is made to appear; and if
the membership has ceased the burden is on
the association to prove it. Judgment af-
frned. Mitchell j.
r. B. Flenniken, appellant, VS.. Charles Lis
coe ct al, defendants, Charles Liscoe, re-
SpOndent.
where the parties enter into special agree
ment inconsistent with the existence OF the
lien, as for example, by the labor ma
terial man extending credit to the owner be-
yond the statutory period for bringing
action to enforce the lien.
This rule is not changed by Gen. ST. 1884,
sec. 6243 (Lroviding that the taking of a
promissory note for labor material shall
not discharge the lien( where by the terms of
the note the time of payment is extended
beyond the date fixed by statute for bringing
Judgment
affirmed. Mitchell, ].
Harold E. Pierce, respondent, VS.. w. A.
Wagner, defendant Pabst Brewing Com
pany, interviewer, appellant.
mortgage on a stock of liquors and sa-
loon supplies he'd void to creditors on the
ground that, under the agreement between
the parties, the mortgagor was to retain pos
session, with the power to use the proceeds
OF the property in maintaining the business
and IN his own support and for his own ben
eft without satisfying the mortgage debt.
Oruer amrmed. Mitchell, ].
appellant, VS.. Sarah L. Bryant ct al, re-
spondents.
In an action of claim and delivery the de-
fendant with sureties executed bond as
provided by General Statutes 1894 section
BIS and obtained return Of the property
The plaintiff obtained a verdict and judg-
@ ment against the defendant merely for the
svalue OF the property. In an action upon
the bond ~(the only breach of its conditions
alleged being the non-payment of this judg-
mentl, held, that the sureties were not la
BILE. In order 10 render the sureties liable
on such a bond the judgment must be one
authorized by General Statutes 1894, section
542O and which can be satisfied by a return
or the property. Whether in an action of
claim and delivery it may be proven that the
property has been destroyed or lost and can
not be returned and in such case an abso-
iute judgment rendered for its value, quaere.
But assuming that this may be done tbe
burden would be on the plaintiff in an ac
tion on the bond against the sureties, to al
iege and prove these exceptional facts which
authorized the rendition of a judgment NOT
In the statutory form. Judgment affirmed.
Mitchell, j.
A. B. Tredway, appellant VS.. L. E. Rickard
ct al. respondents.
Held, that the evidence justified the verdict.
Oruer aHrned. Mitchell, ].