The Saint Paul globe., 1897-05-20


cation as an estoppel, against one who was
and Is a party to both actions.
8. A Joint answer must be good as to all
If it does not state defense as to all OF
them, it is bad as to all. Order reversed;
Start, G. ].
The Lancashire Insurance Co., respondent;
VS.. Maria ]. Callaghan, appellant.
Syllabus. /. Where the admissions OF the
principal are made in the course OF the per-
formance of the business for which the surety
is bond, so as to become part OF the res
gestae, they are against the surety.
g. Where there is continuing suretysnlp
servant, II the master discovers that the ser
want has been guilty of dishonesty IN the
course of the service, and 1eatinues MN IN IN
such service. without the consent @ oi nn9 nme
liable for any losses arising from the ais.
honesty of the servant during SUBSEQUENT
service But this rule has no application 70
cases of mere breaches of duty or contfao.
obligations on the part Of the servant, not
involving dishonesty on his part OF Irauo VI
concealment on the part of the master. >.
8. Evidence considered and held thas II
was not sufficient to support proposed hnd,
ing to the effect that the plaintiff continued
its agent, for whose fidelity the defendant,s
testator was surety IN It's service aiter II
discovered that he was dishonest IN s9cn
Lars Amundson, respondent; VS.. Ole T. VIM
ker ct al, appellants :. :.
Evidence considered and held tnat II Is
not so manifestly and palpably in favor OF the
verdict as to justify the setting aside OF the
trial courts order granting new trial. order
affirmed. -Start, Y. ).
Mississippi River Logging Co., appellant; vs.
E. S. Page ct al, respondents
1. Where the trespass Is admitted or proven
the presumption, in the absence OF evidence
to the contrary, is that it was wilful, and the
burden is on the trespasser to show 1t was
nek,s ;.
q Evidence considered and held. that 1t
does not sustain finding to the effect tnat
thee defendants weres guilty OF wliful tres
pass in cutting and Carrying away the stand
ing timber of the plaintiff. Order reversed.
Melvin ]. Clark. respondent;~vs. The B. b.
Richards Lumber Co. ct al, defendants;
Duluth Trust Co. assignee, etc., appellant:
/. written instrument for the SAFE OF
standing timber to be severed and carried
away from the land and manufactured into
lumber by the vendee in which 1t was proved
that the title to the timber and Its manu-
featured products should remain in the
vendor until the entire purchase price was
paid, and for release, from time to time,
of the vendors claim upon blocks OF not less
than million feet of the lumber upon the
payment of the agreed price per thousand feet,
held to be either conditional sale contract
or chattel mortgage to take erect as the
timber was severed from the laHd, anu tual
in either case should have been filed in the
proper office.
2. Such instrument was not fled until two
months after the vendee made an assignment
in insolvency; held that the assignee could not
avoid the contract solely on the ground that
he represented creditors whose debts were
contracted intervening the making and filing
of it, but if the instrument was wi hheld from
record pursuant to an agreement of the parties
thereto in order that the credit Of the vendee
might not be impaired, it would be fraud
as to creditors Of the vendee who became
such relying uron his aren't alb olu:e owner
ship of the property in his possession, and as
to such creditors the vendor would be es-
! topped and they would be entitled to have his
claim upon the property subordinated to their
equity to have their respective debts irst paid
out Of the property.
Held further that the assigness can en-
force such equity.
8. Held that the trial court erred in re-
fusing- to find upon issues herein as to such
alleged agreement. Order reversed
Start, G. ].