The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-03-12
THE COURT RECORD.
TRUSTEE-LIMITED pow |
ERS-LIVERY HIRE.

ERS-LIVERY HIRE.
1899. Fountain c. c. State ex rel. Shuler
vs.. Board of Commissioners. Affirmed.
Monks. il. School and civil townships
have only the limited powers conferred up
on them by statute, and the trustee cannot
bind his township by an obligation which il
Is not authorized to assume. 2 A town
ship Is not required to pay livery hire for
a horse and buggy used by the trustee in
riding over the township to transact town
ship business, and the trustee cannot bind
Ii to pay such bill.
MORTGAGE-FOREC SALE
SATISFACTION.
1sl1i. Noble c. c. State ex rel. Hadley
vs.. Clapp ct al. Affirmed. Howard. il.
sale upon foreclosure by the mortgage,
who also holds senior mortgage which
he forecloses and has t. md sold a sec
ond time, does not satisfy the junior mort
gage debt so as to entitle the mortgageor
10 payment Of the balance remaining from
the purchase price at the second sale, after
satisfying the senior mortgage. 2. Such
balance must be applied to pay the debt
secured by the junior mortgage upon which
the first sale was had.
STOCKHOLDERS l., BANK-LIABILITY
HOW ENFORCED.
1904. Lake C.. c. Runner, assignee, etc.
VS.. Dwiggins. Affirmed. Jordan, c. il.
The statutory liability of "A stockholder in
bank organized under the laws of this
state, to an amount equal TO the face value
of his stock. created by Section 1886 r. s..
1881, amended in 1885, is not an asset of
the bank and does not pass to the assignee
in case of Insolvency. 2. Such liability can
be enforced only at the suit of the creditors
when any right of action to enforce it ac-
crues.
eft al. Petition TO dismiss postponed to final
hearing.
Appellate Court.
DECENTRALIZATION APPOINT
MENT-ALLOWANCE
2Os9. Green &C. Jessup VS.. Jessup,
Where a parent and his or her adult chill
dren live together members of the same
family, there is ordinarily no implied under
taking to pay for services; but such I'M
dertaking may arise not only from
express contract, but may be inferred from
surrounding circumstances. z. Where the
mother of an insane man contracted with
his supposed guardian to care for him at
her home for fixed and reasonable COM
pensation. but the appointment of the sup
posed guardian afterward proved to be il
legal, the insane persons administrator
properly allowed the mothers bill for car
ing for him a valid claim against his es-
tate. 3. guardian for an insane person.
whose appointment is void for lack OF no
tice and the presence of the insane person
bound to good faith. but entitled to be re-
imbursed for money necessarily and prop
erly expended in caring for the ward. 4.
The court may make TO such guardian.
acting in good faith, but under a void APP
pointment, a reasonable allowance for serv
ices and attorneys fees.
EXECUTORY CONTRACT SALE-WHAT
CONSTITUTES.
2l34 Monroe c. G. Branigan VS. Hen
Erickson. Affirmed. Comstock. c. il. If,
by the terms of "a contract the property in
the subject matter of the contract passes
Immediately to the buyer. it is a sale but
if the property in the thing sold is TO
main for time in the seller and only TO
pass at "A future time, or If a condition in
consistent with the immediate transfer of
the property be annexed to the contract,
deemed
2 Whether any particular contract Is a
sale or an executory contract is generally
Il question of fact depending upon the IN
tentions of the parties as gathered from the
terms Of the contract. 3. The agreement
for the purchase of hogs in this case hav-
ing 20 be completed by the feeding OF the
hogs for four weeks. by weighing and the
payment of nearly all the purchase price
when it should be ascertained and by deliv-
cry, is held to be an eXecutory contract and
not completed sale.
PASSENGER-EJECT FROM TRAIN
-WILLFUL ASSAULT.
2O92 De Kalb c. C. Baltimore & Ohio r.
r. Co vs.. Norris Affirmed. Black, il.
railroad company is bound not to com
nit a willful and unprovoked assault even
upon a trespasser upon its train or tracks.
g The use of unnecessary force. accompa-
MED by opprobrious and indecent language
and epithets on the part of a conductor in
ejecting from his train a trespasser who
makes no resistance, but behaves i'm "a quiet
and orderly manner. Is an actonable wrong
for which the railroad company is liable
3. No degree of carelesSneSS on the part OF
the person can excuse a willfu assault and
battery committed on him. 4. A person
who enters the wrong train under an honest
mistake is entitled to be treated as a pas
senger. 5. Where companion of the
plaintiff, after he had failed TO pay his fare
on demand. offered TO pay the fare for the
entire party, taking out of his pocket sufii-
cient money 10 do so before the conductor
had ATTEMPTED 10 stop the train. and the
conductor refused TO accept il and elected
all of them from the train, the railroad COM
pany is liable to plaintiff for the wrong
full expulsion of a passenger
Superior Court.
Room John l.. McMaster. Judge.
James g. Blythe VS.. II. H. Rowland: on
note Finding and judgment for plaintiff
against defendant for $4,000.
Mary Showalter vs.. William Cine sr., ct
al: on note. Finding and Judgment for
Perry Perry Tully VS. A. c. Smith ct al. Appeal
from Teller ]. p. Finding for plaintiff
against defendant James r Smith. Find
ing for defendant 4. &. Smith.
Metallic Manufacturing Company VS..
Frank Holt Dismissed and costs paid.
Chris Bernloehr vs.. Mrs. George w.
Dugan. Dismissed and costs paid.
Room 2-Iawson NJ. Harvey. Judge.
James w Lamkin vs.. Citizens Street
railroad Company: damages. Jury returned
verdict for defendant.
George W. Askren VS.. Rein Hammond ct
SG.52 and costs.
H. j. Millgan VS.. Equitable Trust Com
pany: damages. On trial by jury.
Room 3-vinson Carter. Judge.
Thomas Rafford VS.. Ellen Tomlinson: