The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-09
THE COURT RECORD.
Supreme Court.
RECONSTRUCTION OF SEW
ER-PRACTICE.

ER-PRACTICE.
1925 Porter c. c. Valparaiso VS.. Parker
ct al. Reversed. Monks, il. Acts 1891,
Page 304 authorizes the construction of a
drain to carry off sewerage from a city
as well as to carry off the surface water
| therefrom. 2. The use of the term drain
age with reference TO a city or town in
cludes the removal of surface and storm
water, the overflow of fountains, cisterns,
public MIGRANTS, water troughs. water
closets, sinks, all filth and refuse liquids,
and the diversion of natural water courses.
3. drain constructed under said act may
be constructed from a point within the
city limits. 4. Objections to the competen-
cy of a viewer appointed by the city TO as
SesS benefits and damages occasioned by
such drain because of his relationship to
tenable, are waived by failure to present
them before the committee has made its
assessment
SCHOOL TRUSTEES - BOND = VACA-
TION OF OFFICE.
1906. Dubois c. c. Koerner VS.. State
rel. Judg. affirmed. McCabe, G. il.
A school trustee of town who has been
duly elected and has taken the oath OF
office and entered upon the discharge of
his duties as such Immediately after his
election, does not Vacate such office by
afterward failing TO give the required bond
as president of the School Board within
ten days after being chosen to that posi-
ton. 2. The bonds required of the presi-
dent, secretary and treasurer Of the School
Board of a town by Section 443I, X. ). 1881,
would seem to be their official bonds as
Such ana not as ScnOOl trustees, ana the
failure to give the required bond would
only Vacate the place OF president, secre-
tary treasurer, to which the delinquent
may have been chosen. s. Where Il person
holding the office of president of the School
Board failed to give a new bond within ten
days after his reelection, the office did not
thereby become vacant, but he continued
to be president of the board by reason of
his successor (himselD having failed to
qualify.
TAXATION RECEIVER - MONEY ON
DEPOSIT.
1904 Marion S. c. Schmidt, treasurer,
ct al. VS.. Failey, receiver. Reversed
Howard, il. Money held by a receiver
on deposit in a bank for distribution among
creditors of his corporation is properly
listed for taxation against the receiver and
taxes thereon are properly collected from
him. 2 All property within its Jurisdiction
is taxable in this State against the person
owning holding the same except such
as is specially exempted by law for mu-
nicipal, educational. literary, scientific, re-
ligious or charitable purposes 3. re-
ceiver of a corporation is bound to pay
the taxes on the property or such corpora
tion in his hands, Notwithstanding 1t is
held for distribution under order OF the
court to creditors living in other States and
countries. H. The property which Will ul-
timately be distributed to creditors by the
courts according to law may justly be
compelled to contribute to the maintenance
of government, courts and law, by the pay
ment of taxes.
1889. Hancock c. C. State ex rel. Camp
field VS.. Board, etc. Hancock c. Appeal
dismissed.
Natural Gas Company, etc, VS.. Leslie ct al.
Certorari granted.
Appellate Court.
PROMIssORY NOTE-NEGOTIABILI
PROMISE TO PAY EXCHANGE.
1892 Randolph c. c. Nicely ct al. vs.
Winnebago National Bank, etc. REVERSED
/. A promissory note in the usual form
which contains a provision that It is ne
,ro4fo Ia ID nov l a 4 hank this
state with exchange and costs of col
lection and interest, is not negotiable by
change. 2. Since exchange is a matter of
fluctuation and uncertainty, and one or the
amount to be paid must be certain prom
Use contained therein to pay exchange
renders the note non-ne gotiable. ). An an
swer that the note was given for the pur-
chase price of property which was war
ranted good for certain purposes, but was
wholly worthless is good in bar of a com
plant alleging that such note was trans
ferred to the plaintiff by Endorsement for
value before maturity. 4. Stlpulations to
other charges which will not have to be
paid unless default is made in paying the
note when due, do not destroy It's negotiable
character.
TELEGRAM - IAGEs-PROXIMATE
CAUSE.
PIT. Monroe C. c. w. U. Telegraph Co.
VS.. Briscoe. Reversed. Henley, j.
/. A common carrier cannot make valid
negligence in improperly discharg1ng It's
duties as such. 2. Money damages may be
recovered for mental anguish caused by the
failure of a telegraph company TO properly
transmit a message, although no pecuniary
loss resulted therefrom to the plaintin. 3.
Where the special verdict shows that after
a telegraph message was delivered to plain
tiff announcing his mothers death he took
the train for home over the route by which
he usually went. and by which he should
have reached home that evening, but that,
owing to this train being thirty minutes
missed the train which passed his home and
was compelled to wait at this connecting
point until after his mothers funeral the
following afternoon. and that II the mes
sage had been delivered earlier he could
have taken train going in the other direc
ton and gone home by route which would
have enabled him to reach there the next
forenoon, instead OF that evening, as he
might have expected to do over the route
he took the verdict fails to show that the
cause of his mental suffering from failing
to get home to the funeral.
TOWNSHIP TRUSTEE POWERS -
PLEADING.
2216. Boone c. c. Clinton School Town
ship VS. Lebanon National Bank. reversed.
/. A person dealing with a township
trustee IS bound to take notice that his
authority is limited to his statutory powers
and he cannot bind the township by his
acts in excess of his statutory powers by
estoppe or otherwise. 2. A trustee who has
embeZZeled funds of the township and con-
| Verted them 10 ms own use cannot bind the
township by his promise TO repay the next
day out of the township funds which he
| claims to have at home money advanced
to him by a bank upon representation
| that he wishes TO use ii in paying some
school teachers, even though he actually
pays the townships debt to such teachers
! with the money 8. complaint against
! a township TO recover money loaned to the
! township trustee and used in the payment
| of township indebtedness, If it proceeds on
! equitable grounds and not on an excess
! contract which the trustee had power to
make, must aver facts showing that some
| necessity existed for borrowing the money.
so that the loan really Injured to the bene-
! hit of the township.
| 2235 Morgan c. c. Caldwell VS.. State.
! on motion of appellant petition for rehear-
! ing dismissed.
Superior Court.
/ Room John l.. McMaster, Judge.
! Amos Remler VS.. Brown-Matthew Iron
! Works; damages. On trial by jury.
| Room 3-Vinson Carter, Judge.
! Mary Winn vs.. Thomas Burns ct al;
! damages. Plaintiff disnlisses case. Judg-
ment VS.. plaintiff for costs.
Criminal Court.
j. f. McCray Judge
|