The Minneapolis journal., 1901-04-19
COMPO co. TO PAY
Supreme Court Affirms Chris. Chris
tianson's $4,000 Verdict.
SEVEN OTHER DECISIONS TO-DAY
justing the Claims of Lena
ChristlansOn.

ChristiansOn.
The supreme court handed down eight
decisions to-day, sustaining the lower
court in all but one case. Five of the
cases went up from Hennepin county
The award of fees to w. A. Alden as
referee adjusting the claims of Lima
Christianson against the insurance COM
panies is affirmed.
The lower court Is also sustained in the
$4,000 damage case OF Christian Chris
tianson against the Northwestern Compo
Board company. Christianson was hurt
by circular saw while working in the
factory.
The syllabi are as follows;
Christian G. Christianson, respondent VS..
Northwestern Compo- Board Company, APP
pellant.
First-Section 224s general statutes 1894,
requires that all dangerous machinery in any
factory, mill or shop be so guarded, if prac
tlcable, as to protect the workmen en-
ployes, whether actually engaged in operating
the machinery in the discarge OF any OF
their duties, from liability to injury there
from.
Second-If the person charged with the
duty OF SO guarding such machinery omits
TO do so, he Is chargeable with negligence
and liable to any employe injured thereby,
although he could not have reasonably antici-
pated injury in the precise way it actually
occurred.
Third-Evidence considered and held that
it sustains the finding of the jury to the ef-
feet that the defendant was negligent in the
premises, that the plaintiff was not, nor did
he assume the hazard which caused his in
Jury.
Order affirmed. Start, J.
w. A. Alden, respondent vs.. Lima Christian
son, appellant.
F1rst-The referees, provided for in chap
ter ISL, laws of 1895, selected to adjust loss by
fire under the standard policy, are not Off
cial referees, and their fees are not regulated
by section 5572, general statutes of 1894.
Second-The agreement between the IN
sured and insurance for submission to ref
erees Of the amount of loss by fire under the
standard policy failed to state what COM
pensation such referees should receive. Held:
There was an implied agreement that each
party to the contract should compensate the
referees for one-half the amount of the rea-
sonable value of such services.
Third-In an action against the insured for
one-half Of the value of such services, held:
The fact that the insurers settled with the
referee for an amount in excess of one-half
of the reasonable value of such services was
immaterial, such settlement being authorized
by sections 5167 and 517O, general statutes OF
1894
Fourth-A counterclaim, which charges
such referee, in general terms, with fraud
and misconduct, without specifying particular
acts, does not state caused action.
Order affirmed. Lewis, J.
Margaret E. Slater, respondent. VS.. Thomas
First3Complaint construed and held
though flagrantly indefinite and uncertain
to state cause of action within the rule laid
down in Smith vs. bennett, Is Mimi. SO,
and subsequent cases. Judgment affirmed.
Brown, j.
Edwin c. Best, doing business as E. C. Best
& Co., appellant, VS.. Nicholas Krey, re-
spondent.
First-The acts and conduct of an agent
with reference to his principals business
constitutes competent evidence TO establish,
by implication, authority in such agent to
perform acts which are not expressly author
lied, without regard to knowledge thereof by
the principal. Following, Columbia Milf COM
pany VS.. National Bank of Commerce, 81
MINI. 224.
Second-The agent was employed for the
express purpose of collecting accounts and
selling goods In practice, he endorsed checks
payable to the order of his principal, and
purchased goods for the house. HEIDI the
evidence as to such course of selling was
sufficient to sustain the conclusion that the
agent was authorized to indorse the check
upon which this action Is founded. Order
affirmed. Lewis, J.
National Citizens bank, respondent, vs.. Con-
rad ]. Ertz, appellant.
F1rSt-When an agreement is entered into
between mortgagor Of chattels and the
mortgage, that the former may sell the prop
erty for the purpose of applying the proceeds
in payment of the mortgage debt, the mort
gagor is constituted the agent of the mortga-
warrants the quality condition of the prop
erty sold, the mortgage is bound by such
representations and warranty.
Second-If such property Is paid for by
check payable to the mortgagor, who there
upon indorses and delivers it to the mortga-
gee for the purpose OF having the proceeds
applied upon the debt, the latter is not a bona
fde holder for value and without notice OF
ioh hoxJ orc nt1t of
falsity of the representations or failure of the
warranty.
Order reversed and new trial granted.
collins, j.
Pittsburg Plate Glass company respondent,
vs. Sisters of the Sorrowfu1 Mother ct al,
defendants Sisters of the Sorrowful Mother,
appellant.
Evidence considered and held, distinguish
ing Ryan Drug company VS.. Rowe, 66 Mimi,
4SO that it sustains the findings and decision
of the trial court to the effect that the plain
tiff furnished glass to a Subcontractor, not to
a material man, for the erection of a certain
building, and is entitled to lien thereon.
Order affirmed. Start, c. J.
p 7 Mann. A. McClintock, F. L. Marden,
d. w. Bolles. A. Thompson and P. j. West,
co-partners as Mann, McClintock & Co.,
APPELLANTS, VS.. J. D. Lamb, John A. Lamb
and Alex McGregor, co-partners as Nc
Gregor & Co., respondents.
Action by the holder of a storage receipt
for wheat issued by a warehouseman against
the purchaser of the wheat from the ware
houseman for its conversion. Evidence con-
sdered and held that 1t sustains the findings
of the trial court to the effect that the receipt
holder consented to such sale and collected
the purchase price thereof, and further that
the court did not err in refusing to amend its
findings in this respect Judgment affirmed.
Start, c. ].
Northwestern Creamery Company Of Sacred
Heart Mimi, appellant, VS.. Syver s. Lun-
ming, respondent.
First-Parol testimony is admissible to
show the actual consideration, or want. or
failure, of consideration for written prom
ise to pay money.
Second-Held, that there was no considera-
ton for the execution and delivery OF the
premise in question in this case. Order af-
irmed. Collins. ].
LABOR'S ARBITRATOR
Governor Van SAINT Appoints III. w.
Goetzfnger of St. Paul.