The Dupuyer acantha. [volume] (Dupuyer, Mont.) 1894-1904, 1897-10-21
at the Law Decides.

an lance company WHICH under
IL contract elects to repair and fails
t. do 80 IS held, in Henderson VS.. Cres-
cent Insurance company Qa.), So. l..
f. A.. 385, to be liable for the cost of
amount of the insurance. if the as
sGred completes the repairs.
The right of a bank tt set off the
unmatured note of an insolvent deposl-
tor against the deposit is held, in
Thomas VS.. Exchange Bank of Angus
Qowa), So l.. r. A. $40, to be superior
to the rights of the drawee of a check
On the deposit, of which the bank had
no notice until after it learned of the
depositor's insolvency.
Applying the doctrine that a loss or
injury is due to the act of God where it
Is occasioned exclusively by natural
causes such as could not be prevented
by human care, skill and foresight, it
is held, in Valid VS.. Pittsburg, Cincin-
natl, Chicago & st. Louis railroad COM
pany Qll.), 35 l.. r. A. 356, that an un-
precedented flood by reason of which
the baggage of a passenger is swept
away is an act of God; but that where
unnecessary delay of a carrier made
the loss of the property by such food
possible the carrier is liable.
A trust under a will to dispose Of
property among the charitable and
benevolent institutions of a city as the
trustees shall choose and in such sums
and proportions as he shall deem prop
Ell is held, in People VS.. Powers IN. ",
50 l.. r. A. SOP, to be unenforceable
because of the failure to designate or
describe the class or kind of benefi-
Charles to whom distribution is prac-
ticable. or who a with reasonable
certainty be Identified. The New York
laws of 1898, chapter 701, is held map
plicable to such q trust previously ere
ated under which the rights of prop
erty had become vested.
The existence of an unpaid assess
n:ent against the shares of stock in a
corporation is held, in Craig VS.. Hes
peria Land and Water company (Cal.),
35.L. r. A. 800, insufficient to justify q
refusal to transfer the stock upon it's
books into the name of another owner.
The right of the owners of a major
ity of the stock in a corporation to
agree to be bound by the will of a
majority of themselves in voting the
stock for a term of five years so as to
keep the control of the corporation
from passing to other persons is held,
in Smith VS.. San Francisco G Northern
Pacific railroad company (Cal.), 35 l..
r. A. 800, to be valid when it was made
by persons who united in purchasing a
block of stock.
In order to render a newly organized
corporation liable at common law for
! the detts of an established corpora
tion or firm to whose business and
property it has succeeded it is held, in
, Austin VS.. Tecumseh national bank
Neb.), 35 L.. r. A. 444, that it should
affrmatively appear that the transac-
ton is fraudulent as to creditors OF
the old corporation, or that the new
corporation is in effect a mere con-
%t!nUation of the former.
Overdrafts of a corporation which
was entirely owned by one member OF
a banking f m are held, in Potts VS.,
Schumacher Md, 80 L. r. A. 1872, tc
give no RICH ; to the trustee of the in
solvent ba' to share in the assets
Of the corr alton until after the cred,
us of The ,rporaticn have been paid