The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-12-01
> Cases OF Interest =


Seat in New York Stock Ex-
ehRnge.-A seat in the New York
stock exchange is not personal prop
erty within the laws Of 1886. C. los,
defining personal property for the pur-
I pose of taxation. This point is de-
cided in the case Of people ex rel.
Lennon v Feitner, so Northeastern
Reporter, 265. The court further holds
that II is not taxable to a nonresident
under section Z, providing that person
al property of a nonresident shall be
taxed ito the extent" as il owned by
a resident. It is also held that the
value Of the seat is capital invested in
business, but is not taxable, as the
taxing statute does not cover it.
Contributory Negligence. - Plaint-
IFS decedent IL years of age,
was driving a wagon loaded with lum-
ber Plaintiff was driving a similar
wagon Immediately in advance. At a
jog in the highway there was a cul-
vert with an alleged drop of six inches
from the top Of the rOadbed- Decedent
was run over and killed at this spot
No one saw the accident, and plaintiff
| alleged that the boy was shaken from
the wagon by reason of the drop.
Plaintiff had noticed the defect on
crossing the cUlvert a short time be-
fore, but forgot to warn the boy. The
court holds that the failure Of the
father to notify his son of the danger
Gus condition of the road did not rem
der him guilty of such cOntributory
negligence as would prevent a recov-
cry of damages for the death Of his son.
Miller '. Meade Tp., 81 Northwest
ern Reporter, 1872.
Action for Deceit.-The facts pre-
sented in the case of Jones v. Stew
art, 81 Northwestern Reporter, II, are
most extraordinary. Defendant owned
property on which was d mortgage of
$1,000. He proposed to plaintiff to
transfer to him this property, subject
70 the mortgage, provided plaintiff
would sign, without reading them, two
papers which defendant presented to
him. Plaintiff secured a written in
strument from the defendant that
there was nothing contained in the
papers which would subject him to
criminal liability, or draw upon him
public ignominys or disgrace. and then
signed the instrument placed before
him. One of the papers was a check
in favor of defendant for g. sos. 80,
which AMOUNT, it appears, plaintiff had
OAA uCpuo4N anu 4du forgotten ABOUT
After two years plaintiff sold the real
estate, realizing from the sale just
sufficient to pay the mortgage lien
upon it, Later he discovered the ma
ture of the paper he had assigned TO
the plaintiff and brought an action to
recover the money. The supreme court
Of Nebraska decided against the plain
tiff, on the ground that where persons
are dealing with each other on equal
terms, and no confidential relations ex-
ist between them, one is not bound to
disclose any superior information
which he may have respecting the
transaction, and in the absence of
fraud or deception to induce the con-
tract, the court can afford no relief
The law presumes every nan capable
of taking care of his own interests, and
his poor judgment or unfortunate
trades cannot form a basis for inter-
ference by the court.
Examination of Books by Tax
Ofticers.-The right Of the coun-
ty assessor to examine books and
papers for the purpose of listing and
assessing property for taxation is up
held in the case Of Association V. state
so Northeastern Reporter. 146 This
right is given by Burns Rev. st. Qnd.)
1894; but it is contended that such pro-
vision is unconstitutional under the
prohibition against unreasonable
searches. The supreme court of In
diana overrules this point, however
and holds that mandamus lies to COM
pei the building association to permit
such examination, and that the exam
ination may properly extend back to
the time of the enactment of the stat
ute
PIadga of Certifcafes NV Al