Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-02-24
LOWER COURT UPHELD.
OPINION BY CHIEF JUSTICE ZANE


chief Justice Zane delivered nm
opinion today in the case Oh 'he
Belleyille Pump and Skeln WORKS
against the Sorensen & Nielsen furhi-
ture company ct al. appellants ai''rm-
ing the Judgment of the lower court
This case was an appeal from
Judgment rendered by Judge Cherry
in favor OF the plaintiff. the Bellevue
Pump and skein Works.
According to the complaint, the
nloint,ff. an Illinois firm. sold the
sorensen-N Nielsen Furniture Co. GER
tain bill of goods upon credit OF -FOUR
months. After the goods had been de-
liyered the Illinois house. desirous OIL
resembling the sale. brought an action
to recover tn goods, alleging that the
furniture company had made false
representations with respect to It's as
sets. liabilities and financial standing.
At the trial Judge Cherry FOUND 'he
issues for the plaintiff.
The plaintiff offered in evidence
written statement of the assets ana
liabilities of the furniture company
delivered by 1t to the Bradstreet
agency in. this city and by the latter
sent to plaintiff in Illinois. The foot
ing of the Items constituting the lia-
bllities of the furniture company, as
indicated by tho figures under the col
umns, when the statement WAS ue-
liyered to the Commercial company.
was Ss,5s3.45; but when correctly ADDED
only aggregated s5,773.45, Through the
first figures the Commercial company
drew a pencil mark and under IL wrote
the latter figures. The statement, as
corrected, the Commercial agency sent
to the plaintiff. The court says
The figures OF the respective items
constituting the liabilities with those
of the assets, IL correctly stated,
showed the financial responsibility oil
the furniture company; the erroneous
footing did not. 1t indicated a mistake.
The report represented just what
correct footing of the items ihdi-
Gated.
''The Commercial agency had no
rIghtto make any change in the import
of the statment received from the
furniture company. For any sucn
change of meaning the latter would NOT
he responsible; but the correction OF
n mistake In footing, apparent from the
face OF the paper we cannot regard
as n change of the meaning or It's I'M
mort The meaning of the report when
all considered together, was the same
with the correction as without. ANY al
iteration of n contract after delivery,
by one party, without the consent OF
the other, changing It's legal effect, as
to the party not consenting, renders II
absolutely void. Mistakes in such pap
ers can only be corrected with the con-
sent of both parties. or when mutual,
ms to n mistake of fact. they must ne
reformed by a court OF equity.
s,sJ,ta uor,e fipid rtilp cannot he 1p-
piled to q report made by n business
firm to a commercial agency Tor the
purpose Of obtaining credit.
chief Justice Zane finds that Judge
Cherry did not err In overruling the
objection to the admission OF the report
in evidence, and hence aflirms his
Justice Bartch and Justice Miner
concur in the decision.
An Insurance Case.
Judge Hiies and n jury are engaged
today trying the case of Mary ~.
THROWN against the Fraternal Accident
Association of America Powers.
straup A. Lippman appear for plain
tfff and Williams, Van Colt ~ Suth-
erland represent the defendant COM
pany.
Action, ir this case was brought to
recover $4,000, with interest, alleged to
tin as the beneficiary Of n policy of In
srIrunce, issued by the defendant COM
panySto campbell M. Brown. husband
OF the ,piaintiff.
Thk,c6mpiaint sets forth that Camp
bell NJ. Browpthsured himself with the
insurppcs company, performing all the
conditiohss of the policy. etc; that on
the. Goth Of February. 1894, while the
polIcy was in force. Brown received In
jurjes Through a fall on sidewalk in
this city, from the effects of which he
dieitpn the 10th of March following.
The defense liz that n provision or
the policy was violated requiring n
PROPER notice TO he served on the COM
pany withinrken days OF the date of the
accident.
On the sreassembiing of court this
afternoon .AplAintiff asked leave to
amend Sthe complaint when the de.
fendant requested n continuance TN
NEXT calf ,ofithe calendar which was
granted.