The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-26
CURRENT CASES.
Notes on the Findings OF
Various Tribunals-Le-
gal Notes.

gal Notes.
Chief Justice Fuller recently an
nouneed the opinion of the United
States supreme court in the case of
Thomas Cosgrove agt. Eugene D. Win
ney, United States marshal for the east
ern district of Michigan. The case in
wolves the eXtradition treaty in force
between this country and Great Brit
ain for Canada, the particular point at
issue being whether q resident of Can
ada who has been extradited and
brought to the United States on one
charge can be arrested on another case
before the first proceeding had termln-
ated and he had an opportunity to re-
turn to his own country. The chief JUS
tice held that he could not be thus dealt
with, reversing the finding of the dis
trict court for the eastern district of
Michigan.
This case was a prosecution Of Cos
grove on the charge of stealing boat
in Detroit in 1897, and the two proceed
ings were connected with the same case,
one being in the state courts and the
other in the federal courts. The opinion
handed down yesterday held that this
circumstance was of no Importance, and
that Cosgrove's rights were not i'm
paired by this fact.
The law frequently teaches people
that even trespassers have rights which
cannot be disregarded with impunity.
A lesson of this kind is afforded by
recent decision of the supreme judicial
court of Massachusetts. A lot of boys
went into the kitchen of a restaurant
where they had no business to be. In
order to scare them away, the prOprie
tor poured some water upon the hot
stove. The heated water struck the
legs of the boys and scalded them. One
of the boys brought a suit against the
restaurant keeper to recover damages
for his wrongful act and a verdict for
the plaintiff has been upheld on ap-
peal although it distinctly appeared
that the defendant did not intend to
scald the trespassers, but merely meant
to frighten them out of his kitchen. It
was held to be sufficient to make him
liable that his act specifically contem-
plated the plaintiffs presence and was
directed against the boy, whom it OBJ
Viously involved in some danger. Tue
court in its opinion remarks that tres
passer is not caput lupinum. This
phrase, which means Having the head
of a wolf" and was anciently applied
TO outlaws, is not often found in Amer
lean judicial literature.
The National Life Association of
Hartford, Conn, issued a life policy to
Frances A. Kenyon, obliging her to pay
bi-monthly premiums at its home Off
on or before noon of the first of each
alternate month, and providing that
failure to make payments as required
should work a forfeiture of the policy
and Of moneys paid; that, If she re-
CeiVed no notice of the amount Of any
premium. an amount equal to the last
premium should be paid, and she was
directed to make all checks and post
office orders payable to the company.
During eighteen months after the policy
was delivered, Mrs. Kenyon paid pre-
miums by check, post office order, or
registered letter, sent through the mails,
which the company received without
objection. Prior 10 August !, 1895, the
association sent her notice Of the pre-
min"l due on that day, with a directed
enFtJpe, which it requested should be
used in making remittances, and also
notice that it was not responsible for
loss or delay Of the mails, and that the
premium must reach the home Office
on or before the required date, in order
to prevent a lapse Of the policy. Mrs.
Kenyon sent the premium by registered
mail on July 80. which arrived at the
post office in Hartford where the home
office was situated, on the morning of
August l, but the company did not re-
ceive it until the I'd. when it received
and retained the premium, but declared
the policy lapsed for non-payment
within the time. and SO notified the as
sured. In an action in the supreme
court against the association to recover
on the policy, a judgment rendered in
favor Of the plaintiff has been affirmed.
Francis NJ. Secor while a guest at a
hotel kept by William Kreuder at
Naumet, n. Y, drew a check on the
18th of February, 1898, to Kreuder's Or
der for $500, upon which the latter re-
ceived the money. Mr.. Secor, who had
been i'll for some weeks, died a the
hotel five days later. In a suit by
Adele Secor, as administratix, to re-
cover this money from kreuder, It was
insisted that the check was obtained
at a time when SecOr was so feeble
and mentally weak that he didn't know
what he was doing, and that by the
advantage thus taken of his weakened
condition the defendant succeeded by
fraud in obtaining the check. A work
man at the hotel testified that when he
was called by Kreuder to SecOr's room
the latter was lying in bed helpless,
unable to speak. but he could nod yes
and no; that Kreuder got the check
book, and then the witness supported
Secor by raising him up in his arms,
and Secor wrote his name by the wit
ness steadying his hand. A dismissal of
the complaint on the trial was reYers-
ed by Justice O'Brien, who gave the
opinion that though the evidence was
scarcely sufficient to support the the
DRY Of fraud, the complaint was suffi-
GENTLY broad to permit a recovery upon
the theory Of money had and received
by the defendant, and the trial judge
would have been justified by the evil
dence in directing a verdict for the
plaintiff, or, at any rate, in submitting
that question to the jury.
Mrs. Isabella Bennett, while riding
on a car in New York city, on the
second seat from the front, on July 10,
1885, between 10th and 18th
streets, signalled the conductor
20 stop at the next crossing. In alight-
ing, she fell or was thrown TO the
ground and against one of the elevat-
ed railroad posts, which was about 20
feet north Of the crossing. and was Sc
verely injured. In her suit against the
Third Avenue Railroad company for
damages, she testified that the car
came 10 a full stop, and she put her
foot Oh the step. but before she struck
the abutment the car moved. Another
witness testified on her behalf that as
she put one foot on the street the car
gave a jerk, and she fell in the street