The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-11-24

drop, Plaintiff had noticed the defect
on crossing the culvert 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 dangerous con-
dition of the road did not render him |
guilty of such contributory negligence
as would prevent a recovery Of damages
for the death of his son.-MilIer v. Meade |
Up, 81 Northwestern reporter, l52.
Action for Deceit-The facts presented
in the case of Jones VS. Stewart, 81
Northwestern Reporter, H. are most eX-
traordinary. Defendant owned property
on which was a mortgage of $4,000. He
proposed to plaintiff to transfer to him
this property, subject to the mortgage,
provided plaintiff would sign, without
ant presented to him. Plaintiff secured
a written instrument from the defendant
that there was nothing contained In the
papers which would subject him to Grim
lnal liability, or draw upon him public
ignominy or disgrace, and then signed
the instrument placed before him. One
Of the papers was check in favor OF
| appears, plaintiff had on deposit and had
forgotten about After two years plain
4 tiff sold the real estate, realizing from
1 the sale sufficient to pay the mortgage
1 lien upon 1t. 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 Ne
1 DraSkd Qec1QeQ against the pldinllIl, Oh
4 the ground that where persons are deal
| ing with each other on equal terms, and
no confidential relations exist between
! them, one is not bound to disclose any
superior information which he may have
respecting the transaction, and, in the
| absence of fraud orr deception to induce
| the contract, the court can afford no re-
| lief. The law presumes every man capa-
| bic of taking care of his own interests,
and his poor Judgment or unfortunate
trades cannot form a basis for interior
4 ence by the court.
Examination of Books by Tax officers
The right Of the county assessor to
examine books and papers for the pur-
pose of listing and assessing properly LOT
1 taxation is upheld in the case of Associ-
1 alton VS. State, so Northeastern Reporter,
| 49, This right Is given by Burns Rev.
St Qnd) 1884 but It Is cen1eh1ed t rn
/ der the prohibition against unreaSonaple
searches. The supreme court OF !nd1ana
overrules this point, however. ana NOUS
/ that mandamus lies to compel the puiid-
| ing association to permit such eXamina-
| ton and that the examination may prop
| erly extend back to the time OF the en-
actment Of the statute.
| Pledge of Certificates by Administrator
An administrator borrowed money IA
/ his individual capacity, giving as security
therefor certain mortgages, ana as au-
ditionaI security he delivered to re de-
| PENDANT certificate OF STOCK Whlcn came
1 into his possession as executor He rep,
| resented that the money was porroMeu
for the purpose Of paying deDtS against
! the estate and part of the money was ac-
tually so expended The court holds.
nevertheless, that he may maintain re-
plevin in his Official Aca t3 TO recover
money was borrowed IN his intN vldual
capacity. The court comments upon the
fact that the transaction bears the marks
of being unconscionable. but as no equl-
ties were suggested. the action was pure
ly one at law. The case Is Farks VS..
Mockenhaupt. 65 Pacific Reporter, So
TiabiIifv of Charitable Institution for
Injuries TO Patient-It is contended by
the plaintiff in the case OF Powers vs.:
Massachusetts Homeopathic Hospital. lo9
Federal Reporter, 294, that the institution
is liable for injuries which she received
while patient, and winch resulted from
the negligence of nurse. Inc circuit |
court of appeals for the FIRST circuit
holds that, as the hospital was a charl- |
table corporation, there can be no rec0y- |
cry although the plaintiff was pay
patient The court points out that in |
institutions of this kind, the payment
made does not make full pecuntary COM
pensation for the services rendered. but |
that the fact of payment or nonpayment |
controls merely the nature Of the service
rendered
Rules of Decision in Federal Courts
It has been held by the circuit court for
an orderly administration of the law re-
quires the circuit c6urtsto follow deci- |
son of the circuit 9eourt of appeals of
another circuit in the absence of con-
f1icting authority, ard when the question
is presented on precisely the same state
OF facts. The caseais entitled Hale VS.. |
BilIiker, and is found reported in 100
Federal Reporter. 273
Legal Representa- ives''-This phrase.
as used in life insurance policies, has
been construed by the supreme court Of
New York in the casa of Leonard vs.
Harvey. IL New York Supplement, 546 1
The testator bequeathed to his wife an
Insurance policy, which, by its terms
is payable to his legal representatives Or
assigns. The court decides that the pro-
eeeds of the policy go to the wife. and
not to the executor.
Testimony as to Transactions With
Decedent-An interesting decision has
been made by the supreme court of Texas
I'm the case of Sanders V. Kerbie, 6S
Southwestern Reporter. 626, In regard to
the competency of witnesses to testify as
to transactions with decedent. The Re-
vised Statutes prohibit either party in an
action by or against an executor from