The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-07
IN OTHER CASES.
Quite Budget of Decisions Handed
Down Yesterday.


Several other decisions were handed
down by the supreme court yesterday.
The syllabi are as follows:
II II. Mcnamara, plaintiff, appellant. VS..
Michael Fink ct al defendants. and F. D.
Smith, intervenor. appellants.
Errors irregularities omissions in the
assessment Of land do not go to the jurisdic-
ton of the court to render judgment for the
taxes, and are no ground for collateral at
tack on the judgment.
Held that there was no evidence rebutting
the prima facie evidence furnished by the
tax assignment certificates" that the notice
OF sale under the judgment was duly posted.
Certain objections to notices of the time of
the expiration of the period of redemption
considered and held not well taken.
Judgment affirmed. Mitchell J.
William B. Clark, appellant. vs. Georgia A.
Dewey, respondent
Held that the evidence justified finding
to the effect that the plaintiff had lost his
Homestead right" by abandonment.
Order affirmed. Mitchell, J.
William L. Wolford ct al. appellants VS..
Jacob H. Cook. respondent.
ContempOraneously with the execution of
the note in suit the defendant, as collateral
security for its payment, assigned to plaintiff
certain notes and mortgages against third
parties under an agreement that when col
lected or realized on the proceeds should be
applied on defendants note. Within six
years before the commencement of this action,
the plaintiff. having previously realized on
the securities, applied the proceeds on the
note and gave notice of the fact to the de-
PENDANT, who made objection to such ap-
piication.
Held, that the application CT the proceeds
OF the collaterals did not constitute a part
payment which would interrupt the statute of
limitations.
If debtor voluntarily, and in the absence
of any circumstances repe.ling the inference
of an implied promise to pay the whole debt
transfers to his creditor new and additional
collateral securities for the payment of his
debt. the proceeds of which when realized on
to be applied towards its payment, it will
constitute a part payment" which will in
terrupt the running of the statute as of the
date of the transfer of the securities
The evidence on this question should have
been submitted to the jury.
Order reversed. Mitchell, ].
Lewis E; Larson, respondent VS.. The Fidelity
Mutual Life Association, appellant.
Z The defendant appointed one C. it's agent
for the district Of Minnesota 'for the pur-
pose Of procuring in person and through
agents Ito be appointed by HIMSELF appiica-
cations for insurance the lives Of in
d!y:duals, and forwarding the same to the
company for approval or dlsapproval, and,
II approved and policies he issued thereon
collecting and paying over the dues or
premiums to the company" 1t was express
ly provided that he should he responsible for
the acts and doings Of such agents as he
should appoint. Maliciously and without
probable cause. he procured the arrest and
imprisonment Of one Of the agents of his
own appointment for the crime Of emhezZling
t1e funds of the defendant.
The defendant never authorized, participant
ed in or ratified such arrest and im5rfscn-
ment.
Held that the defendant was not liable.
principal is liable tc third persons for
The torts of his agent, who committed in
although the principal never authorized. par
t:clpated in. OF ratified the tort but he is
= not liable whore the tcrticus act was COM
m::;ed not In furtherance OF the principals