The Saint Paul globe., 1899-04-21
SUPREME COURT DECISIONS
TRANSFER OF4TINIE CHECKS TO A
THIRD PARTY HELD
VALID
Citizens Rank of Monticello Wins
in the Appeal Taken by BOnness
and West Lower Courts Are
Sustained in Four Cases.

Sustained in Four Cases.
Judge Canty. Of the supreme court, yes
terday handed down four decisions with
out reversing or modifying the order Of
the trial court in any case. -.4
In the case of the Citizens State Bank
of Monticello against Fred Bonness and
Leonidas West the court upholds the
validity of a transfer of time check
from the payee to a third party. An en-
ploye Of the defendant worked in the pine
woods during the winter and sold his
time check, which was given him in lieu
OF his pay, to the bank. The logging firm
contested the validity Of the transfer and
the district ana supreme court decided
against them. The syllabus Is as fol-
lows:
Citizens State Bank of Monticello Mimi.
respondent, vs. Fred Bonness and Lee
West, appellants.
SyllabuS(1. Evidence held sufficient 70
sustain the decision.
2 A memorandum or time check was
signed by the foreman and given by him
TO an employe stating the number of
days the latter worked and the balance
due.
Held, a sale and transfer by the en-
ploye OF this memorandum was a sale
u iiio Sie'iiil Iol the dulOulll uu6 Q1m Tor
his wages.
3. A certain affidavit purporting to be
made by public officer, but not signed
by him, held not to be his certificate that
the instrument to which 1t is attached is
true copy of the original on file in his
office. Order affirmed
Mary j. Crosby appellant, VS.. William r.
Patton and Charles p. Frank, co-part-
nerS as Patton & Frank, respondents
Syllabus--In an action against the in
dorsers Of promissory note, held, it
does not appear from the evidence that
notice of dishonor was mailed to them
within the time prescribed by the law
merchant, and therefore. the court below
ment affirmed. -Canty T
Carl j. Christianson, appellant, VS.. An
drew Nelson, respondent
Syllabus-The owner Of land mortgaged
a crop to one thereafter down and raised
thereon. He died and his administrator
let the land to defendant to be farmed
on the shares.
The defendant sowed and raised a cron
and in October following this action wa
brought by the assignee of the mortgage
to recover from defendant fifty-five bush
els of the wheat so raised by him.
| Held, conceding without deciding that
the mortgage attached to the administra-
| tors one-third of the crop, it did not at
| taeh to defendants two-thirds.
ready been divided, and the wheat re-
| plevined may be a part of defendant q
| share, and therefore, the court correctly
| found for the defendant. Judgment af-
| f1rmed. -Canfy
| David Auerbach ct al, copartners as D.
Auerbach & Sons respondents, Wun-
derlich, Brose & Finehout, appellants. ;
Syllabus-Defendants ordered goods
from plaintiff by telegraph; the message
| as received. was an order for 900 boxes !:
defendants claim that the message as de.
| livered, was an order for only 100 boxes.
| and that the telegraph company made a
| mistake in transmitting it. The O0O
boxes were shipped to and received by de-
! PENDANTS and they Immediately notified
| plaintiffs of the mistake, and a DISPUTE
| as to the rights of the parties followed
| Five months afterward plaintiffs conced-
| ed to defendants the right to return the
| balance of the goods remaining unsold
| and requested that they be returned with
| In two weeks; defendants made no re-
| sponse and at the end Of the two weeks
| plaintiffs requested defendants to give
| the matter their immediate attention: de-
| PENDANTS made no response for two weeks
more when they offered to return them
| two weeks later when they were not SO
busy; to this plaintiffs made no response.
| Held, conceding without deciding that
| up to the end of said five months de-
PENDANTS had a right to return the goods,
| they waived that right by neglectfng to
| comply with the request to return them
and elected to ratify the original delivery
| of them as delivery of goods sold: Or
! der affirmed Canty, J.