The daily journal. (Salem, Or.) 1899-1903, 1901-06-04
Banks and Banking

Where preseniment for payment is
waived in O note, the endorser is not
entitled 10 notice Of nonpayment. "a
Pac Rep. tWash.l 79s.
Where one who indorfes a no'e h in
fact a principal in the transaction, he is
not entitled to notice Of nonpaynent.
"a Pac Rep. WASH 79s.
The vice president Of q bank repre-
sented to another bank that he desired
a Loan for his bank, and gave the note
signed by himself and another director,
iDdorsed by bis bank and by lie presi
dent. Thereafter such note was TO
neWed by another note indoTsed by its
cashier. The leading bank k new that
the two directors signing the first note
we're directors OF the borrowing bank,
and that the endorsement on the second
note transacted all the business OF the
borrowing bank Held that, though
the loan was not in fact procured for the
bank. and though it did not receive the
proceeds, and the endorsement was not
authorized by the board Of directors, the
bank was liable, the officers having i'm
piled authority TO act. COZ Z. Rep,
(Tnd.) 1874.
Cattle Buyers
Defendants agreed 10 sell plaintiff
certain cattle, and the contract specified
that delivery was TO be made at the
home Of defendants. Plaintiff paid
$500 90 cash, and agreed to pay the bal
lance on delivery. Plaintiff testifsc
that subsequently the place Of delivery
was changed to the town Of L. Th'
cattle were driven part way 70 L., Wher
defendants demanded the balance Of the
purchase price before proceeding furth-
er, aud on refusal Of plaintiff 10 pay it
returned home with Sthe cattle. Held
in an action for damages for defendants
failure TO deliver. that an instruction
that there was no delivery Of the cattle
such as was contemplated by the con
tract, and that plaintiff had never made
an actual tender Of the purchase price
aud WAS entitled to only a yirdict for th'
$4,000 he had paid, and no more, va
erroneous, since, II the jury should fine
that the place Of delivery was changed
plaintiff was not obliged 10 tender tn,
lsoney, and hence was entitled u
damages for defendants failure Il
deliver. 81 Pac. Rep. Wash 800.
Credit Men
As between seller and purchaser, ther
is a delivery when the goods are d6-
liyeTed TO a carrier for transportation 4
the purchaser. 20 So. Rep. MISC 7s6
Fish and Fisheries.
Where defendant corporation becam,
insolyent, and its fishing location was
sold by a receiver, and purchased by
plaintiff with knowledge defendant
such purchase. from the receiver
was subject to the rule that the pur-
chaser mu-t take notice, that plaintiff
was not entitled TO an Injunction re-
stTaining the operation Of defendant,
trap; but where the defendant drove
its trap for the next season from 90 Il
200 feet still nearer plaintiffs location,
plaintiff, while not entitled to an IN
junction restraining the operation OF de-
fendont's trap, was entitled TO an order
restraining the operation Of defendants 3
trap any nearer plaintiffs location than
il was when plaintiff bought. "a Pac.
Rep. WASH 692.
General Interest.
The Massachusetts, Constitution pro-
yiding that representatives shall be
chosen by = written vote, does not pro-
hibit the use OF voting machines, dis.
pensing with the use Of a separate piece
Of paper for each vote, and registering
the successive votes by successive
punches by revolution OF cogwheels or
or other similar device, the total mum.
ber being shown by an index. 90 n. +.
Rep 1870.
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