The Bryan daily eagle. (Bryan, Tex.) 1895-1898, 1897-09-12

An Insurance company which under
lie contract elects 10 repair and fails
10 do 20 Is held. In Henderson VI. Cries.
cent insurance company uA). IS. L.
r. A. SIS. 10 be liable for the cost Of
the repairs without reference to the
amount Of the insurance. II the as
srred completes the repairs.
The right Of a bank 10 set on the
unmatured note Of an insolvent deposi-
tor against the deposit Il held, IN
Thomas ". Exchange Bank Of Angus
nowal. as L. r. A. s7s. 70 Be- superior
10 the rights Of the drawes Of a check
on the deposit. Of which the bank had
no notice until after Il learned Of the
depositors Insolvency.
Applying the doctrine that = loss Or
injury Il due TO the act OF God where Il
Il occasioned exclusively By natural
causes such NJ c1uld no, b prevented
By human care. skin and foresight. II
Is held. Ia wald ". Pittsburg. cincin-
natl. cnlcago a st. Louis railroad con-
pany nll). IS l. R. A. S5e. that an IN
precedented food by reason OF which
the bagnge q passenger Ia swept
away IL an act Of God. but that where
unnecessary delay Of a carrier made
the loss OF the property by such food
possible the carrier IL liable.
A trust under a win 20 dispose Of
property among the charitable and
benevolent Institutions Of a city a. the
trustees shall choose and In such Gums
and proportions as be shan deem prop
e. ls held. In People w.. Powers "a. ~.
95 l. r. A. 5o2. Go be unenforceahie
because Of the failure 20 designate or
describe the class or kind OF bcnel-
ciaries 70 whom distribution Is prac-
t.cahle. or who can with reasonable
certainty be Identified. The New Ycri
laws Of 1898. chapter 7oi. Is held map.
plicable 20 such trust previously ere,
ated under which the rights Of prop,
erty had become vested.
The existence OF an unpaid assess
rent against the shares Of stock In
corporation ls held. In Craig W. Hes
perla Land and Water company lCal.)
IS l.. r. A. SOC. insufficient 70 justify
refusal 20 transfer the stock upon 81
books into the name Of another owner
The right OF the owners Of a major
lty Of the stock In a corporation I.
asres 10 be bound By the will oi
majority Of themselves In voting az
stock Tor a term Of ave years 80 as Z.
keep the control Of the corporation
from passing TO other persons is held
On smith We. san Francisco a NorlherI
Pacific railroad company tCal1. s. L
X. A. zoe. 70 be valid when q was mad.
BIZ persons who united IN purchasiug :
block OF stock.
IN order 20 render a newly orsanllel
corporation liable az common Law iol
the deits Of an established corpora
ton o. nrm 20 whose business an,
property u has succeeded Il q held n
Austin W recumseh national h4nl
lNebl. So /. r. A. tti. that q should
In the absence of a special agreement
anrmativcly appear that che iranaac
uon Is fraudulent as 90 creditors %
the orc corporation. or that The new
corporation is "a elect a mere con
t.nuail0n Of the former.
Osoriraiis Of a corporation which
vas entirely owned by one member q
$ barking arm are held. IN Potts ",
Schumacher lMdA. % L. R. A. Sa2. d
i've no rights TO the trustee Of the IN
solvent bank to share in TIE asset
81 the corporation until after the cred
llors Of the corporation have been pail