The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-15
WILL NOT QUASH THEyT.
GOOdric h-kricIk Indictments ,Iust
Stand Trial.

me supreme court yesterday denied
reargument in the case of the Traders
insurance company against H. G. Sire
low ct al, of Minneapolis, and handed
down the following decisions:
Fred H. Stole, as assignee of the Elmer n
LEARN Agency, appellant VS.. Bank Of Min
neSota, respondent
l. HE'D, following Becker's Investment
agency VS.. Rea IS n W. 92S that WbeIbnr
the discounting of a bill or note with the
general &c ts Endorsement of the holder is sale
OF the paper, or loan to the holder sncnrad
by the paper and Endorsement as collateral
is ordinarily a question of fact '
:. q Inc plaintiffs assignor indorsed and de-
IeGIeI certain notes Of its customers to the
IIe1eHuSht, ana was credited on the books of
LhF defenoant with the amount thereof as a
genera deposit. The assignor thereafter
made an assignment for the bene6t of a..
creditors to the plaintiff, who brought this ac-
ton to recover the balance Of the deposit.
me trial court found as a fact that the
dransa 9 was a loan, secured by the in
dorsed notes, and as a conclusion of law that
the defendant had the right to an eouitabIe
set of OF the loan against the deposit al
Ihougn the loan was not due when the assign
ment was made; held. that the evidence sus
tains the finding of fact. and that the concIu
sion OF law is right. Judgment affirmed.
Start G. J.
Austin F. Kelly, respondent, VS.. Hiram
Gallup, appellant.
/. Chapter 81, Laws 1889, reducing the Time
WITHIN which an action for recovery of real
estate may be brought from twenty to fifteen
years, was constltutionally passed FOLLOWING
Miessen vs.. Garfield, 81 N w 332
2. Section 5147. General Statutes 1894 con
strued and held that the disability which will
arrest the running Of the statute Of limitations
must exist at the time the cause of action
accrues. II the statute once begins to RIM
against party it so continues until the har
is complete; no subsequent disability NOT
even insanity, will impede it.
3. Held, that the finding of the trial court
10 the erect that when Dlainfiff'c ~,
tered into the adverse possession Of the land
here in question, the owner thereof YVES not
then insane. is sustained by the evidence
Judgment affirmed. Start r
Moses Stewart Jr., respondent VS.. Egbert
appellants. 49,
l. 1t is not within the apparent authority
OF general agent. having the entire man
agement Of his principals business tn hind
him by contract for the sale of chattels he
longing 10 SUCH business, to be paid by e.
credit of the purchase price upon an indebfed
nesa due from the agent to the purchaser.
The burden is upon the purchaser to show
that the agent had such authority. mi
where there is no question as to the good faith
OF either the agent purchaser, and both
the agent and principal are dead at the time
Of the tria! any circunstantial evidence
fairly tending to establish the agents author
ity is sufficient 20 make prima facie case.
2 Evidence held liz this case sufficient tn
establish the authority Of an agent to sell
the goods of his principal in payment of the
agents debt Order affirmed.
Start C. J.
Albert r. Carpenter, Respondent, VS.. Eastern
Reilway Company Of Minnesota Appellant.
/. An appellant has no right to demand
bis assignments of error after the time Of