The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-26

CWSe OF senator >. ID. Peterson
Against the Western Union
Awarding the Plaintiff $4,000,
Is Cut to $1,000.
The supreme court yesterday hand
ed down it's third decision in the libel
suit brought against the Western
Union Telegraph company by Senator
>. u. Peterson, Of St. Peter. The tele-
graph company won the first suit, Pc
terson won the second suit, securing a
verdict for $4,000 damages, and the
telegraph company again carried the
matter to the supreme court. Peterson
based his claim for damages upon a
message sent him from st. Peter while
ne was senator in 1893. The message
is quite familiar to politicians, as it
has been in litigation for nearly five
years. and in the supreme court for
three years. The court holds that a
telegraph operator in the discharge Of
his duties is an authorized agent of
the telegraph company and the COM
pany is responsible for his acts. In "a
case where he maliciously sends a libel
Gus telegram over the line to another
party, the company Is liable for punt
tive damages
The court holds that the verdict of
$20.0O0 was way out of range with
what should be the rightful damages,
and says that a new and fourth trial
should be granted unless Peterson is
willing to settle for $1,000 which the
court thinks would be about right.
The syllabus is as follows:
Samuel D. Peterson, respondent vs. The
Western Union Telegraph Company, appel
liant.
egraph company, acting within the scope Of
his employment, malicously transmits a Ii
belous message over the wires of said COM
pany, to another of its station agents, ad
is done accordingly, the company is liable in
punitive damages.
The verdict Of the jury on behalf Of plain
tiff for the sum of $40 COO held excessive and
the plaintiff consent to remit all of the same
In excess OF $1,000. Buck, ].
Mrs. Jennie E. Reilly, wife of the late Phil
Up Reilly, wins in her appeal in the suit
brought against the Chicago Guaranty Fund
Life society.
Guaranty Fund Life Society. respondent.
Syllabus-In 1885 applicant fer an in
surance policy made a verified staten emit con-
corning his health, which was accepted by
the company. and policy duly issued and
upon which the insured paid the assessments
for a period Of ten years. when he defaulted
In one payment on June II, 1895. The by
laws of the company provided for reinsta.e-
ment of the insured within one year after
default. upon receipt of satisfactory evidence
of good health and the payment by the men,
Der of all sums for which he might then be
delinquent. The insured signed health GER
tifcate, prepared and furnished by the COM
pany. dated July 25 1895, which contained
this clause: II hereby certify that I am on
uously been of temperate habits, in good
health. and free from all diseases and in
frmities.'
Held, that this certified clause included only
the time during the delinquency, viz, from
June II, 1885, to July 25, 1895. Order re-
versed. Buck J.
The syllabus IN the other decisions follow
William Struckmeyer, respondent, VS.. w. L..
Lamb appellant.
syiiabus-Gen. Stat. 1894 sec 1862, provides
that it is the policy of the law 10 encourage
confidence and preserve it inviolate in mat
tiers between client and attorney, and to this
end attorney cannot, without the con-
sent of his client be examined rs to any
communication made by the client to him or
his advice given thereon in the course of his
professional duty.
And under the same statutes sec. G150 it is
the duty of the attorney to maintain :nviolate
the confidence and. at every peril to HIM
self, to preserve the secrets of his client
He'd. that it was not error for the trial
court to reject defendants offer to prove by
plaintiffs former attorney, in The action. Ger
tain confidential communication made hy the
plaintiff to such attorney relating to the
merits Of the case
Held, aslo. that the evidence justified the
verdict of the jury. Order affirmed.
CAROLINE H. svenburg, respondent VS.:
Osman Fosseen, as executor of estate of
James Fosseen, deceased, appellant.
Syllabus. Where. in a parol agreement
for the purchase of real estate, the considera-
ton consists Of services to be rendered
VIII Of a
it is impossible to estimate the value to the
vendor by a pecuniary standard and neither
party intended so to measure them, the per-
Torrance CT the services will entitle the
vendee to specific performance notwithstand-
ing the contract was by parol. And his yule
is especially applicable where, in addition to
such services. the vendee, at the request
of the vendor, subsequently sold real estate
at sacrifice, and paid the proceeds over to
the vendor, as further consideration, and
where after the full performance of the
to restore the vendee to the situation in
which he was before the contract was made
or to compensate him in damages
2. The probate court has no jurisdiction
over actions for the specific performance OF
parol contracts for the conveyance OF real
estate.
wife to convey by deed or will all their
property, both real and personal, and sub
sequent agreement on their part and each OF
them make such conveyance to take effect on
which thy owned jointly or separately.
A. Where the demurrer is one as to want
of jurisdiction and irsufficiency OF facts in
the complaint to constitute cause Of action
it does reach an objection that there is a
defect of parties either of nonjonder OF
m1sjoinder. BUCK, j.
Anna " Lynn, respondent, VS. Annie aHnson
ct al defendants, respondents; III. w.
l. Thompson administrator, appellant.
Syllabus-Heid, upon the facts in this case
orad 1nrfCQ 90 n
be deemed paid. Hare VS.. Bailey, rs N. w. R.
213 and General Convention of Congregational
Ministers and Churches of Vermant VS.. Tork-
elson ct al, rs n. w. r. 215, followed.
Buck, ].
Carl Park appellant, VS.. Electric Thermostat
Company, respondent.
Syllabus@There is neither :taute q
rule of court requiring the payment Of costs
as condition of granting new trial on the
merits, and hence it was not error for the
trial court to refuse imposing such condi-
ton in this case.
Held, further, that the trial did not abuse
Its discretion in granting second new trial.
Buck, ].
ONE YEAR AT THE WORKS
Is What Brown. the "Con" Man, Gets
for RObbing Barney FinnsOn.