The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-20


! en- by it in exchange which was retained by
| the insurance company, and has never come
! into his hands. All that is required of him Is
to do equity by returning those which have
| come into his possession from the 1nsur-
ance commissioner.
The fact that the amount of the securities
deposited by the insurance company in trust
for the benefit of policy holders exceeded
/ the minimum deposit required by statute is
not material. The excess was as fully bound
by the trust the balance.
| General Laws 1881, chapter 123 General
| Statutes 1894 sections 1881 and seq.) au-
thorizes the business of insurance against
losses resulting from the Insolvency OF those
to whom goods are sold on credit.
The court had jurisdiction of the state
auditor as respects the control and DISPOSE
ton of this trust fund for the benefit of
policy holders, in which the state, as such,
has no interest. Former decisions as to
the control of the courts over the official acts
of executive officers of the state government,
distinguished.
Order affirmed on appeal of the trust COM
pany.
Order reversed on appeal of state auditor.
Mitchell, ].
Eagle Roller Mil Company, respondent, vs..
G. c. Dillman ct al, defendants, Hugh
McBain ct al, appellants.
Action against the sureties on a bond given
by an agent to buy grain conditioned that he
would, on demand, deliver account for all
grain purchased by him for his principal and
pay over all moneys in his hands belonging to
him. the breach alleged being that he had
failed demand to deliver account for the
grain purchased by him or to pay over the
money in his hands furnished him by the
principal for the purpose Of buying grain.
Held, that the fact that the principal, in the
conduct of the business, used, and furnished
for use of his agent, scales which had not
been tested and sealed as required by Gen.
st. 1894, sec. 2205, constituted no defense in
favor of the sureties
scales in weighing the grain) constituted no
link in the plaintiffs chain of title to the
| grain or the money, or any part Of his cause
! of action Neither was the plaintiff dependent
upon it for the purpose of establishing his
| claim. Order affirmed. Mitchell, J.
Bradley & Hanford, appellants, VS..
Gilbert c. Thorne, receiver, etc., intervenor,
respondent.
The disclosure of the garnishee is COM
petent in favor of Claimant and against
the plaintiff for the purpose of showing what
property had been impounded by the gar
the same property to which the claimant is
asserting right. Judgment affirmed.
Mitchell. ].
]. c. Easton. appellant VS.. Edward P. Chlds
ct al, respondents.
Under Gen. St 1894. sec 52o4 the filing of
the return of the sheriff is not a jurisdictional
prerequisite to the publication Of the sum-
mons; overruling Corson Shoemaker, IS
Mimi, $3.50.
Under the statute the Office of a return of
the SlleTlu IndC The OoI6QQdQt cannot De I0uQQ
is not to authorize the publication, but to
support it after it is made, being prima face
evidence that the case was one where service
by publication authorized, to wit, where
the defendant could not be found in the state
Order reversed. Mitchell, J.
O1uf Stenda1 as administrator, etc. respond
ert VS.. Allen P. Boyd, appellant. K, ,..-,.
In action for damages resulting from acts
! of another, alleged to have been negligent
the complaint is not demurrable as not stat
IJn1n ho iaI11o
! acts alleged are such that they could not be
| negligent under any evidence admissible I'M
/ der the allegations of the pleading; follow
! Ing Rolseth VS.. Smith, SO Mimi, A. Order
affirmed. Mitchell J.
First National Bank of Waverly, Iowa, ap-
pellant, VS., w. D. Forsyth ct al, respon-
An overdue and unpaid installment of in
| terest Rnown to the indorsee at the time of
| purchase dishonors negotiable paper and rem
! ders it subject, in the hands of the purchaser,
to existing defenses between the original
! parties, the same as an overdue and unpaid
tional Bank VS.. Scott County IA Mimi, II.
Order affirmed. Mitchell ].
State ex rel. Surety Trust Company, petit
toner, VS.. Probate Court of Rock County,
Mimi, ct al, respondents.
| Pursuant to the order directing the issu-
Ing of a writ of certiorari to the probate
! court citation was served upon the opposite
party in interest to show cause why the action
of that court should not be reversed.
The relatOr prevailed.
Held that he was entitled to costs and dis
! bursements against the opposite party in in
| terest, although the writ was directed only
to the probate court. Mitchell j.
The Board of County Commissioners Of the
County of Redwood. appellant, VS.. The
Citizens Bank of Redwood Falls defendant.
w. T. Donaldson ct al, respondents
A bank which had been depository of coun-
W FUNDS for one term about to expire and
which was indebted to the county for money
mated depository for second term and gave
| to the county bond with sureties conditioned
| that it would pay demand all funds (Which
| shall be deposited In said bank pursuant IN
said designation"
The account between the bank and the
| county was kept in the form Of an open cur
rent account. During the second term from
time to time, deposits were made to the
credit of the county and payments made gen
orally to the county on its checks the amount
of these payments during the second term
exceeding the amount of the deposits during
| the same time but leaving a balance still
due the county when the bank failed during
! the second term.
| Held that the sureties were only liable for
money deposited during the second term for
which their bond was given.
But that the relation between the bank and
| the county was that of debtor and creditor
and that the money deposited with the bank
became It's property and all payments made
by It to the county were made with it's own
q
| single continuous account the law will ap-
| propffate them according to the general rule
viz: the first item the credit side to
| discharge OF reduce the first item on the debit
| side; that the sureties have no right to have
the payments first applied to discharge the
debts created by deposits made during the
| second term.
The case distinguished from those ON Of
| fetal bonds where the officer was merely
the custodian Of public funds, which remained
the property Of the public and where he
used the public funds which came into his
custody during one term to discharge his
] liability on account Of an ENLIGHTENMENT COM
mttted by him during a previous term. Or
uer reversed. Mitchell, j.
Hans Olson, respondent, Vs. The State BANK
ct al; defendants. Willis H. Manley ct al
appellants. 49,
Held. following Dunn VS.. State Bank. ss
Mimi, POI: "
First-That where the stockholders NJ q
banking corporation voted to increase Its
stock (having authority to do so under tht
articles Of association and part of suct
stock purchased by it's president whr
was also city treasurer. and paid for with
city funds unlawfully used by him for thai
purpose, and the stock then sold by him t
third parties, the stock was not ultra wires
and void, but at most only voidable
| Second-In view of the lapse Of time afte,
the stock was issued before the bank failed
the want of diligence on part of the holder.
in not sooner discovering the insolvency O.
the bank, the large amount of corporate in.
debtedness, still outstanding, which has beer
incurred since the stock was issued the hold
against creditors whose rights have become
vested by the insolvency Of the bank. Order
aHlrmed. Mitchell, ].