The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-08-07
CASES and DECISIONS.
Legal Notes of Interest
to Laymen and
Lawyers.

Edward H. Costigan, who had been a
solicitor for the Metropolitan Life In
surance Company, secured a judgment
in his suit against the company for da-
images for false arrest and imprison-
ment and that judgment has been af-
flrmed by the fourth appellate division.
After Costigan had left the company's
employment and commenced work for
the Industrial Benefit Life Association,
in the same business, the defendant
attorney wrote him a letter stating
that the collection of a deficiency in
his accounts had been placed in his
hands, and demanding an immediate
settlement. An agent of the company
named Bernstein, requested the solicit
tor to repay him a loan of 81, and, on
being refused, told him that they would
Tx him, and on the following day Cos
tlgan was arrested for embezzlement
in falling to account for a premium of
$S.72 collected by him. The surety on
the solicitors fidelity bond offered to
pay any actual debt found due the
company, and the solicitor denied be-
ing short in his accounts. Mr.. Stanil-
and, fhe general superintendent of the
company in Buffalo, stated that they
did not care much for the money due
put wanted 10 punish the solicitor for
his defalcation. The proceedings were
instituted without inquiring of the pol
icy holder whether he had paid the So
hcltor the premium in question, though
the company and its superintendent
knew that under the system of paying
its solicitors they frequently advanced
Tld
when in fact they had not been paid.
Ffeslalng justice Hardin, giving the
opinion on appeal, held that the ques-
ions of the defendants malice and pro-
pable cause for arrest were for the
jury. The court also held that on the
issue whether the company's prosecu-
ton in the matter was malicious and
without probable cause, evidence that
the solicitor was in the habit Of re-
porting premiums paid and advancing
money for them before the policy hold
er in fact paid them, was admissible.
Women followers of Blackstone gath
cred recently in the council room Of the
New York university building. al
Washington square. New York. and
listened to the advice, criticisms and
predictions of their elders of the oppo-
site sex.
ne occasion was a reunion tea of
the Alumnae association of the woman's
law class Of New York university.
Miss Mary Pettus, president of the
Alumnae association, presided and in
PRODUCED the speakers. st. Clair Nickel
way of Brooklyn said:
In my opinion, law and theology dc
not need women in the sense that nedi-
cine and teaching do, There are quail
ties in teaching which women can brine
70 1t by simply being their best selves
If men should bring the same qualities
TO 1t they would suggest libel on man
MOOD and parody on womanhood
There are duties demands, and circum-
stances which can be without prejudice
and with precision, regarded by us af-
1ected by relation to womanhood and
70 medicine and to surgery which make
the Identification of women with that
profession not only defensible, but COM
mendable-in short necessary and be.
nign.
"A general and discriminating know
ledge of the principles of law is admir-
able for cultivated women and men
Beyond that, many men will go to the
further study and to the lifelong prac.
tice Of law. Beyond that, few women
will go to the further study and to the
practice of law. and exceptional capa.
bilities or exceptional conditions will
account for the few"
A person must reside in Connection
three years and in Rhode Island one
year before commencing divorce pro.
ceedings. Adultery is a ground for dl.
yorce in those states and in Massachu.
sets. Wilful desertion for three years
in Connecticut and Massachusetts ant
five in Rhode Island, or a shorter pc
riod, in the discretion of the court
Habitual intoxication is a cause in al
three states Extreme cruelty in Con
necticut, intolerable cruelty in Rhode
Island, cruel and abusive treatment
and extreme cruelty in Massachusetts
Other causes: In Connecticut fraudu
lent contract, absence seven years un
heard of, imprisonment for life, AMI
infamous crime involving violation O.
conjugal duty and punishment by i'm
prisonment in the state prison; IL
Rhode Island, any case where the mar
rfage was void or voidable by law
where either party is for crime deemed
civilly dead, or from absence or othel
circumstances presumed to be dead
neglect or refusal on the part of thu
husband to provide for the wife, or any
other gross misbehavior or wickednes.
On the part Of either party repugnan
to or in violation Of the marriage con
tract, and where the parties have livet
apart for 10 years; In Massachusetts,
where the husband wantonly ant
cruelty refuses to provide for the sup
port Of the wife, where either party
has Joined religious society which
processes to believe the marriage rela
ton unlawful, and has remained will
that society for three years. sentence
to the state prison for life or for fiv'
years or more.
The supreme court Of Nebraska Il
attempting to make bank directors di
rect The task has often been essayeC
before with indifferent success, but thu
Nebraska court starts out well. "Upoi
principle and authority" 1t says, "thi
conclusion is irresistible that director
cannot escape liability for damages re
sulting from false statements made b,
them of the condition of the bank, evei
though they were at the time ignoran
that such statements were false"
There are possibly a hundred deci
sions to the same effect on the statut
books Of the various states, and still
there are thousands OF bank director
who do not direct. In some instance
this is because they are mere figure
heads-incompetent, ignorant or indif
ferent--but the result from a publ
point of view Is always the same. On
man runs the bank to suit himself an,
usually his policy is not questioned. TIL
strong dominates the weak. If he /
O. man Of integrity as well as financia
ability. the world hears nothing Of tn