Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-12-06
: Important Decisions 5

INSURANCE-NOT OF LOSS.
A substantial compliance with the
terms of fire insurance policy as to
notice and proof of loss Is all thai
| Is required, and when notice of the
loss is given even IL 1T is not sworn
to, and an adjuster Is sent to investi-
| gate the loss, unless verification OF
! farther information is demanded by the
/ company, the objection that the notice
| of loss is not verified is waived. ct
Pacific Rep. New Mexico, Judge Mills)
| 535.
DISBARMENT OF ATTORNEY.
| In proceedings to disbar an attorney
at law for official misconduct. neglec,
on the part of the attorney to notify
| a client of the collection of money, OF
neglect to Immediately pay over money
collected, may in certain circumstances
| be reprehensible; but it is not alone
sufficient ground for disbarment, il
there is an absence of fraud. trickery OF
ldeceit-86 Pacific Rep. (New Mexico
Judge McMillan) 545.
NARRATIVES CETYLENE GAS
| An interesting case on the subject
| of the proper measure of damages for
breach of warranty recently arose In
the case of Tyler VS.. Moody, decided
by the supreme court of Kentucky. The
lplaintiff brought an action against the
defendant to recover for damages for
personal injuries caused by an explo-
| sion Of gas generator for the manu-
facture of acetylene gas, sold him by
defendant. 1t was claimed by the
lplaintiff that the defendant guaranteed
and represented to him at the time OF
said sale, and as part of the con-
tract that the machine, and the use
thereof In generating acetylene gas
was, and would be entirely safe, and
that no damage or injury would OF
could result therefrom. The court
held that the damages recoverable for
such breach of warranty included
damages for personal injury to tho
buyer from an explosion of the ma
cine, such damages being the natural
and probable result of a breach OF the
warranty. So Central Law Journal
422.
NEUTRALITY-SUSPICIOUS. OF Chill
DREN.
Articles of separation were signed by
parents, giving the custody of their
child, girl of ten years, to the mother
The latter subsequently obtained d.
vorce in Oklahoma, and, returning ia
New York, married. The father
brought an action for divorce, charg-
ing adultery in living under such mar
riage, and the Oklahoma divorce was
declared invalid. After such decision
the mother continued to live with Sec
ond husband until the case was af-
firmed by the court OF appeals, when
she ceased to cohabit with him. She
contracted such marriage, believing the
divorce was valid. The mother was
able to support and educate the child
and the latter desired to remain with
her. The father morally was no better
than the mother. Held. that as the In
terests of the child will be best con-
served by remaining with her mother, 8
decree so awarding her custody with
permission to the father to see he1
weekly, will not be disturbed.-772 New
York Supplement, 456.
DRUGGISTS-DuTY AS TO MEDI-
CINES.
Al druggist Is held, in a Pennsylvania
case, not to be guilty OF negligence In
selling to customers proprietary medi-
cines in the package and under the
label of the proprietor or patentee
without making an analysis OF the con-
tents.-53 L. r. A.. 329.
CEMETERIES-RI TO REMOVE
BODY.
A man who has consented to the
burial of the body or his deceased wife
in the lot of another is held to have
no right to enter upon the lot and re-
move the body-53 L. r. A. (Maine).
9aS