St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-01-15

<uuSe 1O1IlHS yesterday HdIQeu uOWH
five decisions, the most important of
them, in the public mind being in the
case of H. n. Morris against The Farm
ers' Mutual Fire Insurance Company
of harmony, in which the liability Of
shareholders in mutual insurance COM
paniNq is fixed. The following are the
syllati:
H. II. Morris. respondent VS.. The Farmers
MrNsIal Fire Insurance Company OF Har-
mo$g, appellant.
/. Where the bylaws of mutual fire in
sursoce company provide for the manner in
which members shall be notified of amend
meEM or additions to such bylaws, and that
whoa such notice is given it shall become
paet of the members policy member who
has not been notified in the manner pre-
scr.sed and who has no knowledge of the
amendment or addition. is not bound by it,
2. Held. that upon the evidence in this
casa it was for the jury to determine whether
the plaintiff had been notified of amend
meat 10 a bylaw adopted at the annual meet
ing of the defendant company in the year
; Held, that under a bylaw Of defendant
cofspany. amended in 1891 the burden of
proff on the trial was it to show that
plaintiff did not exercise due precaution while
uafg the steam threshing machine which
set the fire in question
1t is matter of common knowledge
tfsit the use of steam power when threshing
is more or less hazardous and dangerous and
tGet with wind prevailing in the direction
o. the stacks, the hazard and danger greatly
Increase The opinions of experts upon a
s3bJect so commonly understood are not ad-
Ddssible.
4, other alleged errors considered and dis
rf1ed OF.
order affirmed. Collins, j.
nsrney Olson, respondent, vs. Karl Nonen-
,hacher, appellant.
Plaintiff and defendant entered into a
sCltract whereby the former agreed to drill
Snd sink well for the latter to his salts
faction and to furnish all necessary ma
terlal Plaintiff was to be paid for the work
at the rate of 80 cents per lineal foot but
nothing was to be paid until sufficient sup
ply OF water was obtained and the well COM
pleted After all Of the material had been
furnished and part Of the work done but
before the we'll completed defendant
wrongfully drove plaintiff from his prem
1ses and compelled him to abandon the con-
tract Held. that plaintiff was entitled to
recover as damages at the rate of 80 cents
FOR each foot actually drilled and sunk, the
general rule as to the measure of damages
where an empoye or contractor has been
compelled to abandon the work by the en-
ployer OF contractee, not being applicable I'm
der such circumstances
z Certain assignments of error considered
and disposed Of
Order affirmed. Collins J.
William Mcmillan, respondent, vs. The Dick
Inson company, appellant.
Plaintiff and defendant a corporation en-
tered INTO an agreement by the terms of
which the latter employed the former as as
slstant manager upon a stated yearly. sal
airy payable in monthly installments said
employment to continue so long as the busi-
ness or the corporation should be continued
provided plaintiff properly and efficiently dis
charged his duties, and only so long as he
should own and hold in his own name fifty
snaTes OF CAPITA; stock fully paid up in de.
Iehdant corporation. Held that the period OF
employment was for such time as plaintiff
eonenued to own and hold the stock shares
not exceeding the period during which the
bod
ana was fixed with sufficient defniteness
ana further that there was no lack of nut
uallty or consideration.
2. PLEDGE of stock shares does MOI he
come a stakeholder in corporation, as be-
tween himself. the pledgor and the corpora
ton, by simply receiving the shares as COL
lateral security, nor does the pedgor part
with his ownership of the. shares, nor is he
Invested OF his rights as a stakeholder, by
payment of his debt.
8. In an action to recover damages for
wrongful discharge it is not incumbent upon
the servant to allege or prove an offer to
perform All that is required in this respect
is TO aver and show a readiness and willing
ness TO render the services and an honest eff
tort 10 obtain other employment. Order af-
firmed. Collins
ANNA Sao r. styer, respondent, vs. Ara D.
J. a grantor who has conveyed real prom
erty by warranty deed with full covenants
anu anu mas delivered possession to the grantee
under an agreement with him that part of
the purchase money shall be deposited in the
hands of a third person not to be paid over
unit cloud upon the title is removed, has
suihclent interest in the subject matter and
IN the land to maintain a bill in equity to
remove the cloud and to quiet the title.
Held, that all of the findings of fact
necessary and material to support the eonclu-
SONS OF law in this are supported bv
the evidence. ~
s.; Certain rulings made while receiving the
testnnony considered and disposed Of Order
ai'iiiiieu' Collins, ].
Ella NJ. Banker, respondent, VS.. Peoples Ice
Company, appellant . ~
l. Held, that the evidence in this case was
not so manifestly and palpably against the
verdict in plaintiffs favor to justify the
nying defendants motion for a new trial. Or
der affirmed. -Col1;ns