The times., 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 one OF ths
| 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, 749), not to be a trustee as to the
property OF the corporation covered by
the encumbrances, and forbidden 10 pro-
| tect his own interests in IL by buying the
| prior liens on it, merely because he was
under obligation TO sell the corporation
| stock to raise fund to discharge the cor
poration Indebtedness.
| writing clearly proved to be genuine
| and about which there is no dispute in
| the evidence may be used as basis FOR
comparison OF handwritings and to show
| that a certain other writing with which
| 1t is compared is not genuine. holds the
| Supreme Court of Kansas. in the case OF
| State vs.. Stegman (63 Pac. Rep, 746).
| Where a member Of a fraternal insur-
anee 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
| Honor (63 Pac. Rep, 1867. held that
/ tender of the amount required for rein
| statement, together with a physicians
/ certificate that the member was in good
healSh. would not entitle the member TO
| reinstatement, If unaccepted by the So
J ciety and not shown to be a full cOmpli-
| ance with it's bylaws and regulations re-
! specting reinstatement. In this case the
\ court remarked that II they could see
( their way clear they would send IL back
/ and permit IL to be tried by jury, and in
| a criticism of insurance companies gen
| orally the court said: They are
/ always eager to accept premiums and do
/ business, but are not always equally
/ prompt TO settle claims.
| contract by city for the lighting of
/ it's streets for a period OF ten years is
not invalid as for an unreasonable time,
holds the Supreme Court of Mississippi
/ in the case of Reid vs. Trowbridge t2S So.
Rep, l6O.
Under a statute making the certificate
of the registration of a brand on cattle
competent evidence of registration Of
such brand and prima-facie evidence of
ownership, the Supreme Court of Arizo-
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 10 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 VIII
kersOn VS.. State (29 So. Rep. 100. be-
cause the bailiY in 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
f he G4f "a
der the statute it was made a contempt
OF court for an officer to converse with a
juror, after the jury has retired. except
Dy order or the court, upon any subject
and that when the communication was
on a material matter the verdict should
not be permitted to stand.
a 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, $780, to be liable for the
negligence of the driver. In this case the
bus was owned and operated by the pro-
prietress of 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 a month for their use. In cross
ing the tracks of a street railway com
pany the bus coliided with a car and in
jured the plaintiff dhe proprietress of the
SCHOOL,. The court held that the driver
of the bus was the servant OF the plaintif
and that his negligence was imputable to
her. The fact that the driver was in
the general employ of the livery-stabIe
keeper and was by him paid. said the
court, did not in law affect the plaintiffs
relation to him when he was driving the
bus AT that time he not only represented
LaVr =,
rected him where to go. 1t was her work
that he was doing, and, had he refused TO
do IT 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 a discharge of the committee OF his
property. and a motion is made by the
opponents of the application to compel a
physical examination. Judge Fitzgerald,
of the New York Supreme Court. in re
Newcomb (6S n. Y. Supp, 41S). holds thas
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 iucurabls
mental disease The court said that
where one is seeking to establish his pres
ent sanity the court should proceed With
great care, 10 the end that he be not sub
jected to any harassing or oppressive
conditions 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 contract made by
Daily, was recently decided by the Su-
preme Court of New York Appellate
Division. in re Days estate (6S y. 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 IL 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
rendered performance impossible, and
therefore terminated the contract
Where two street-raflway companies
contract to give transportation and carry
passengers of each other over their re-
spective roads. the City Court of New
York, in the case of Jacobs VS.. Third Ave
nue. Railway Company (6S n. Y. Supp.
C23), holds that a person paying his fare
and receiving a transfer from one road
is a passenger on the other, and hence
can recover damages from the road TO
which he is transferred, for being ejecte!
from it's ears and being arrested imme-
diately thereafter
husband permitted the body of his
deceased wife to be buried in the ceme-
terry lot of his sister-in-law. Subsequent
ly he had the remains taken up and re-
moved to another place of burial. The