The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-19
STATES HIGHEST TRIBUNAL.
1t Gives Its Decision in Quin
tette of Cases.

1T Gives Its Decision in u Quin-
tette of Cases.
The supreme court handed down the fol-
lowing decisions yesterday:
Augusta A. Eckman, respondent, VS.. Charles
Lauer ct al. appellants.
1. Held, that on the facts as shown upon
the trial of this action, the verdict was sup
ported by the evidence.
2 Quaere. Whether an order denying
motion for Judgment notwithstanding a YER
dit Is appealable Collins, j.
Francis Rogers, plaintiff, VS.. Philip Goss, ap-
pellant Peoples Gas and Electric Com
pany, of Little Falls, Mimi, ct al, respond
ents.
/. Under the provisions of G. s. 1894 sec.
3415, an agreement entered into by the sub
scribers for stock shares in a corporation
that for each share paid for certificate for
two or more shares shall be issued to the
shareholder, is forbidden, is uncomfortable
and void.
2. No equitable right of the creditors of the in
solvent corporation can be based upon the bare
bare fact that such an agreement was entered
into, in an action to enforce the double liza
bility of stockholders. Nor have stockholders
who have accepted certificates issued in &C
cordance with such an agreement any equit-
able rights, against other subscribers who
have paid for their stock but have not applied
for or received certificates, which may be
enforced in such an action.
g. 1t was verbally agreed between all of the
subscribers, except one, for stock shares in
a corporation that for each share paid for
certificate of five shares should be issued and
delivered to the subscriber. Some of the sub
scribers paid for shares and received certif-
Gates in accordance with this agreement,
which certificates were issued by G as presi-
dent Of the corporation. paid for the shares
he had subscribed for, but did not take a
certificate The corporation subsequently be-
came insolveHt and in an action to enforce
the double liability against the stockholders
it is held that G is only liable in an amount
equal to the par value of his shares actually
| subscribed for and is not liable to an amount
equal to five times their par value.
Collins, J..
The Board of County Commissioners of the
County of Goodhue, respondent VS.. The
Duluth, Red Wing Southern Railroad
| Company, appellant.
G. S. 1894, Sec 1855, which requires that
| all railway companies shall build or cause to
! be built and kept in repair good and suff1-
| cient crossings at all points where public high
ways may be intersected by railway lines, is
| applicable to case where in the course of
| construction of railway stream of water
has been turned from Its natural channel
| into an artificial one wholly upon the right of
way and has by reason thereof made it nee
| cessary for the company to build bridge over
| the stream part of an approach or high
way crossing Of the railway tracks. If the
! bridge is necessarily part of the approach
/ or crossing 1t must be built and kept In repair
by the railway company. Order affirmed
Collins. ].
Elizabeth L. Gardner, appellant, VS.. Fidelity
Mutual Life Association, respondent; Fenton
G.. Warner. appellant, Fidelity Mutual
| Life Association respondent.
Rulings of the court below on the trial.
together, Of these actions, upon objections
made 10 certain offers to Introduce testimony
| of the same general character, considered and
! disposed of. Held, that the rulings were
| correct. ~ Collins J.
Francis E. Rigs respondent, VS.. James R.
Thorpe ct al, co-partners as Thorpe Broth
| ers appellants.
l. Held, in an action for rescission of a
contract upon the ground of fraud that the
verdict was supported by the evidence.
| 2. Assignments of error relating to the rul-
ings of the trial court upon tho admission of
evidence, and also to Its refusal to charge as
| requested by defendants counsel, considered
| and disposed CT. Collins ] -