The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-07-24

| SOME LEGAL NOTES.
Variety of Points of In
terest to the
Lawyers.
A contemporaneous written agree
ment referring 20 a promissory note,
and providing that the maker may re-
eeive the note back on surrendering
certain stock, is held in a recent Maine
case to constitute with the note part
of an entire contract, the stipulations of
which are mutual and dependent rath-
er than independent and collateral.
The Endorsement by~a person of his
own name upon 'commerciaI.paper be-
longing to another person of the same
name, with knowledge of his want of
title and with intent to perpetrate a
fraud is held in the state Of Illinois to
constitute a forgery which will not
transfer title to the paper.
In Texas a person employing brok-
ers to sell land, who was himself act
ing for an undisclosed principal and
whose agency was disclosed after the
brokers had brought persons who ac-
cepted an option, but before a binding
agreement was made, is held to have
no liability to the other brokers for
their commissions because his agency
was disclosed before the commissions
were earned.
A curative act which merely takes
away the privilege of pleading usury on
contract with building and loan as
sociation is upheld in a recent Iowa
case on the ground that 1t does not
change the agreement but only re-
moves a bar to it's enforcement.
In a West Virginia case decided some
time since it was held that the forfeit
ture of land under the West Virgin
ia constitution for the failure of the
owner to enter it for taxation was con-
sistent with the federal constitution
and not deprivation of property with
out due process of law.
"A newspaper article published before
the final determination of a cause, stat
ing that the decision rendered is rot
ten, that the judge had no mind, and
lntimating that he was corrupt and
had misstated the facts, is held in
Washington case to constitute a con-
tempt Of court, and the fact that the
publication was after the rendition of
an opinion and the termination Of the
time for re-hearing was immaterial if
there was still time for an application
to modify the opinion, which was
made so soon after the publication.
The dismissal of jury in a criminal
case merely because witness is alb
sent is held in South Carolina to
amount to an acquittal which will make
any subsequent attempt to prosecute
the prisoner a second jeopardy.
The mere steadying of the head of
testator who is competent to make
a will, and who is free from undue in
fuence is held insufficient to make his
signature invalid if he conscientiously
performs the act of writing it,
An Illinois statute making it a crime
for an tnsolvent banker to receive de-
-,
against the contention that 1t depriyes
a banker of liberty without due process
OF law, and that the legislature can
not make the doing of certain acts pri-
ma faeie of guilt.
A promissory note signed by a person
who Is non compos lnentis, though ne
gotiable in FORM has been held in Ohio
10 pc subjeeuto the same defences when
in the hands of bona fide holder, that
1t was subject to in the hands Of the
payee.
Injury to man while standing on a
platform waiting for a train. by be-
ing struck by the body of another per-
son who was killed and. hurled against
MIN by an incoming train, has been
held in the Pennsylvania courts to give
no right of action against the railroad
company, although the train which
struck and killed the person was run
ming at an improper rate of speed and
aid not give warning of its approach.
Inc courts hold that the negligence of
the railroad company was not the
proximate cause of The accident to the
person on the platform, but that the
proxlmate cause was the negligence of
the person killed.
The saying, when rogues fall ont
and honest men get their own fall
from the lips of Sir. NJ Hale when Sit
ting on judicial bench, and the say
ing, The greater the truth, the great
er the libel" was first uttered by Lord
mansfield in his capacity of chief JUS
tice Of England.
An instrument written and signed BY
one person for another in his presence
and by his direction, although without
any written authority, has been held
in Illinois to be sufficient to bind the
party under the statute of frauds.
County warrants Endorsed mot paid
Tor want Of funds" on which by the
oregon statute interest is paya BILE al
the legal rate. are held to be contracts
on which the rate of interest cannot
be decreased by a subsequent statute
In Michigan telegraph company has
been held liable for punitive damages
Tor the malicious transmission of a ii.
belous message.
An interesting Washington street car
case has just been decided AS a re-
suit, 1t is held that the measure OF
damages for wrongful ejectment from
a street car on mistaken charge OF
non-payment of fare, is not limited to
the price of ticket for another fare
which the, plaintiff had in his posses
sion and might have used where the
conductor instead of ascertaining, as