The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-16
LATE LEGAL DECISIONS.


ing corporation stock in order to raise a
fund with which to pay encumbrances
upon the property of the corporation. AMI
| who is himself the owner of che OF the
| enCumbrances. junior in time to the
others, and acquired by him before he
became obligated to sell the stock. is
held by the Supreme Court of Kansas. in
the case of Harrison vs.. Mulvane (63 Pac.
! Rep, 49), not to be trustee as to the
property OF the corporation covered by
the encumbrances, and forbidden to pro-
tect his own interests In IL by buying the
prior liens on 1t, merely because he was
under obligation to sell the corporation
| stock to raise a fund to discharge the cor
poration indebtedness
| writing clearly proved to be genuine
1 and about which there Is no dispute I'm
! the evidence may be used as basis for
comparison of handwritings and to show
| that certain other writing with which
| y is compared Is not genuine. holds the
| Supreme Court of Kansas. in the case of
| state vs. Stegman t63 Pac. Rep, 746l.
Where member OF a fraternai insur-
| ance society was suspended for non-pay-
ment OF assessments the Court of APP
| peals of Colorado. in the case OF Brun
| VS.. Supreme Council American Legion OF
1
! tender of the amount required for REIN
| statement, together with a physicians
! certificate that the member was in good
! health. would not entitle the member to
| reinstatement. II unaccepted by the So
] ciety and not shown to be full compli-
ance with its bylaws and regulations re-
speeding reinstatement. In this case the
| court remarked that II they could see
| their way clear they would send 1t back
and permit it to be tried by jury, and in
f1fr
| orally the court said: They : are
| always eager to accept premiums and do
| business, but are not always equally
| prompt TO settle claims"
A contract by a city for the lighting of
its streets for period of ten years is
| not invalid for an unreasonable time,
holds the Supreme Court of Mississippi.
in the case of Reid vs.. Trowbridge (29 So.
Rep, 16O.
Under a statute making the certificate
of the registration of brand on cattle
competent evidence of registration of
such brand and prima-facie evidence of
ownership, the Supreme Court of Arlzo-
ma, in the case of Brill VS.. Christy (6S
Pac. Rep, 75O, holds that such certificate
is not competent evidence for the purpose
of showing that the title to the cattle is
in the party in whose name the brand is
recorded.
A conviction for burglary and petit
larceny was set aside by the Supreme
Court of Mississippi in the case of Will
kerson vs.. State (29 So. Rep, 100, be-
cause the bailig iii charge of the jury,
during their deliberations, at the request
of one of the Jurors, told them that the
difference between larceny and burglary
was that the former would send the pris-
oner to the penitentiary and the latter to
the county farm. The court said that I'M
der the statute 1t was made contempt
OF court for an officer to converse with a
juror after the jury has retired except
by order of the court, upon any subject;
and that when the communication was
on material matter the verdict should
not be permitted to stand.
person who hires a bus from livery
stable and directs and controls the driver
is held by the Supreme Court of New
York, appellate term, in the case of Reed
VS. Metropolitan Street Railway Company
(6S N. Y. Supp, $50, 20 be Liable for the
negligence of the driver In this case the
bus was owned and operated by the pro-
prietress of a school for children for TAX
ing the children to and from their homes
and the school The horse and driver
were procured by her from a livery
stable keeper, she paying a certain
amount month for their use. In cross
ing the tracks of a street railway COM
pany the bus collided with a car and in
jured the plaintiff tthe proprietress of the
school. The court held that the driver
of the bus was the servant of the PLAINTIFF
and that his negligence was imputable to
her. The fact that the driver was in
the general employ of the livery-stabIe
keeper ana was by him paid said the
court, did not in law affect the plaintiffs
relation to him when he was driving tho
bus. AT that time he not only represented
her, but was under her control She d.
rected him where to go. 1t was her work
that he was doing, and, had he refused to
do II IN the manner she directed she
could have discharged him. He was her
servant and she was his master"
Where an incompetent person applies
for discharge of the committee OF his
property, and a motion is made by the
of the application to compel a
physical examination. Judge Fitzgerald,
of the New York Supreme Court in re
Newcomb C6S N. Y. Supp, 49,, holds that
such examination will not be allowed
when the physicians selected are per-
sonally distasteful to the applicant by
reason of their having committed them
selves to the diagnosis that the appli-
cant was suffering from an incurable
mental disease. The court said that
where one is seeking to establish his pres
ent sanity the court should proceed with
great CART 10 lnt emu mat ne De not sub
iected to any harassing or oppressive
calculated to cause him undue
excitement.
a suit against the estate of the late
Augustin Daily, in which it was sought to
hold the estate on a contract made by
Daily, was recently decided by the Su-
preme Court of New York. Appellate
Division. in re Days estate (6S N Y
Supp, $3.50. by the terms OF the contract
Daily gave the exclusive right TO one
Moffatt to furnish the programmes of his
theatre for a number OF years. On the
death of DAILY II was cOntended that his
executors were bound by the contract but
the court held that the contract was
based upon the continued management of
the theatre by DAILY. and that his death
performance impossible, and
therefore terminated the contract.
Where two street-railway companies
contract to give transportation ana carry
of each other over their re-
spective roads. the City Court of New
ork, in the case of Jacobs VS.. Third Ave
lue Railway Company (6S n. Y. Supp.
23), holds that a person paying his fare
md receiving a transfer from one road
s a passenger on the other, and hence
AN recover damages from the road to
which he is transferred. for being elected
rom its cars and being arrested imme-
lately thereafter
A husband permitted the body of his
deceased wife to be buried in the Gene
cry lot of his sister-in-law. Subsequent
y he had the remains taken up and re-
moved to another place of burial The
-