The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-11
SUPREME COURT DECISIONS.
Half a Dozen Signed by Collins, j.,
Are Filed.

SUPHENuE CVUtCI ONOISAOfNOs
Half a Dozen Signed by Collins, j.,
Are Filed.
Justice Collins, of the supreme court.
handed down six decisions yesterday,
all but one of which were aftirmatiOns
of decisions rendered by the lower
courts. The single reversal was IN the
case of Jacob Swanson, a former en-
ploye of the Great Northern Railroad
company, who brought suit to recover
for personal injuries He secured
verdict In the lower court, but the SUI
preme court holds that general ue-
murrer to Swanson's complaint should
have been sustained, under the RUE
that servant, In the discharge or ms
duties, is bound to take notice OF the
ordinary operation of familiar natural
laws and govern himself accordingly.
Among the decisions was Of the POW
ers Dry Goods company VS.. Harlan,
ct. al. In which the lower court Is
sustained. Following Is the syllabus:
Powers Dry Goods Co., appellant, vs.. mons
]. Harlan ct al, respondents.
l. A creditor, not guilty of the fraud, may
ignore and repudiate a general composition
settlement with debtor where another cred
itor with the debtors connivance mas Sc
cretly obtained an undue advantage ana
preference in the settlement. And may recover
of the debtor on the original claim.
2. security given by surety Is voidabe
on the ground Of fraud, If there Is, with the
knowledge or assent Of the creditor, such
Misrepresentation to, or concea.ment from
the surety, of the transaction between the
creditor and his debtor, that, but for the
same having taken place, either the surety
ship would not have been entered into at all,
or being entered into, the extent Of the sure
tvs liability might be thereby increased.
8. H. Bros. being insolvent, entered into a
composition agreement with all of their cred
1tors, among whom was P, a corporation, on
the basis of 33 1-3 per cent. In accordance wi h
the terms of the composition other creditors
were paid the agreed per centage in cash,
while P. accepted and received promlssory
notes for the amount agreed upon, three IN
number, each secured by a surrey. AS a con-
dition to concurring in the composition and
without the knowledge of the other creditors,
P. demanded and received from the debtors
a promissory note for the balance of its claim,
giving back agreement to surrender such
note on being paid Is per cent Of its face
value. This secret agreement was concea ed
from the sureties and they were induced to
sign the composition notes In the belief that
by the composition H. Bros. were released and
discharged from all indeb edness. Held, that
payment Of the notes could not be enforced
as against the suretes.
Order affirmed. Collins j.
Schneider. doing business as the Marine
Boiler Works, intervenor, appellant E. A.
Baker ct al, defendants; ]. M. Baker ct al,
respondents.
Syllabus Held, that as against the defend
ant trustees in this action, the conclusions Of
law were Ec1rc favorable, upon the facts
found, than the appellant an intervenor was
entitled to. And that If, as claimed by the
1ntervenor's counsel, the conclusions of law
in respect to the rights Of another defendant
were erroneous, as against the trustees. the
intervenor was not prejudiced and cannot
complain on appeal Judgment affirmed.
Collins, ].
In re assignment of Jacob Skoll, Joseph
Robitshek and J. M. Davis, assignee, ap-
pellants, VS.. Swedish-Amercan National
Bank of Minnesota ct al, respondents.
Syllabus Where an assignee in insol-
vency has acted upon a claim filed by a
creditor and has allowed or disallowed the
same, his power and authority in respect
to the allowance or disalloWance of such
claim is functus off1eio.
2. An assignee disallowed certain claims
presented against the estate and the claimant
appealed to the district court. Pending the
appeal the claimant dismissed the same and
sold and assigned the claims to third party,
and, as part Of the same transaction, the
signee recons.dered his action and allowed
the claims in full in favor of the original
peal from such allowance by the assignee,
sought and obtained a judicial inquiry as to
the regularity Of the act and the right of
the third party to participate in the dividends.
Held that the appealing creditors did not
waive their right to question the power of the
assignee to again consider the claims, after
he had disallowed them, by litigating, on the
the merits, the right Of the third party to
share in the proceeds of the estate Order
affirmed. Collins, j.
Jacob Swanson, respondent, VS.. Great North
ern Ry. Company appellant.
Syllabus. The rule that a servant while
performing his duties is bound to take notice
of the ordinary operation of familiar natural
laws and to govern himself accordingly, ap-
lied to the allegations of complaint in a
personal injury action.
2. Held, that general demurrer to said
complaint should have been sustained. Or
der reversed. Collins, j.
lants VS.. Francis A. WaEcome, respondent.
Syllabus-Held, following Avery VS.. Creigh
35 MIMI 1855, that promissory note not orig
inally usurious cannot be made so by an
agreement for an extension subsequently en-
tered into in consideration of payment or
promise to pay usurious interest. Order af
frmed. Collins, j.
England, respondent, VS. John S. Mcdonald
and J. B. Bushnell, appellants.
syllabusIl Accommodation paper repre-
accommodated, and 1t is not necessary that
he should be party to the paper.
2. An accommodation maker or indorser
of a bill or note cannot make the defense Of
want of consideration as against per-
son who in the regular course of business
and for value, has taken 1t before maturity
although the latter knew when he received
the instrument that it was accommodation
paper.
g. At the request OF B., who was the presi-
dent and general manager Of a bank de-
PENDANTS executed and delivered to him a
promissory note due in four months-n which
the bank was named as payee-for his accom-
mediation and with the express understand
ing that he was to receive the proceeds of
such note. B. Immediately delivered the
note to the payee bank and caused the pro-
ceeds to be credited to his personal deposit
account He had previously directed another
bank to charge to the account of his own
bank the amount of his personal note, held
by the former, and on the day he was credited
with the proceeds Of the accommodation note
he gave his check to his own bank to bal
ance the amount so charged.
Held, that the accommodation note was re-
ceived in good faith by the payee bank and
that good consideration passed as between
1t and defendants. Order affirmed.
Collins, ].