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

Have cureaM
ST. JAMES MEDICAL ASSN, a eiae in': H,' o.

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 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.-Miller V. Meade |
Tp., 81 Northwestern reporter, 1872.
Action for Deceit-The facts presented
in the case of Jones VS. Stewart, 81
Northwestern Reporter, II, are most eX-
traordinary. Defendant owned property
on which was a mortgage of $1,000. He
proposed to plaintiff to transfer to him
this property, subject to the mortgage,
provided plaintiff would sign, without
reading them, two, papers which defend
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
ignominy or disgrace, and then signed
the instrument placed before him. One
OF the papers was a check in favor OF
defendant for 81, 60935 which amount ii
| appears, plaintiff had on deposit and had
forgotten about. After two years plain
| tiff sold the real estate, realizing from
the sale 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 Ne
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 or deception to induce
| the contract, the court can afford no re-
! lief The law presumes every man capa-
| BILE of taking care of his own interests,
| and his poor judgment or unfortunate
| trades cannot form basis for interfer-
| 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 property LOT
| taxation is upheld in the case of Associ
alton VS. State, 60 Northeastern Reporter,
| l46. This right is given by Burns Rev.
ST. Ind.) 1884; but it Is commended that
such provision is unconstitutional I'M
der the prohibition against unreasonable
searches. The supreme court OF 5ndlana
overrules this point, however, ana noiIS
that mandamuS lies to compel the pulld-
ing association to permit such eXamlna-
ton and that the examination may prop
erIy' extend back to the time OF the en-
actment of the statute.
Pledge of Certificates by Administrator
An administrator borrowed money IN
his individual capacity, giving as security
therefor certain mortgages, and as ad-
ditional security he delivered to sGe de-
PENDANT a certificate OF STOCK Whlcn came
into his possession as executor. lie rep
resented that the money was borrowed
for the purpose of paying debts against
the estate and part of the money was ac-
tually so expended. The court holds
nevertheless, that he may MAINTAIN re-
pleyin in his official capacity to recover
the stock in view Of the fact that the
money was borrowed IN ms mo Vldtlal
capacity. The court comments upon the
fact that the transaction bears the MARKS
Of being unconsciona1ole, but as no eQul- |
ties were suggested. the action was pure /
ly one at law. The case IS Parks VS.. |
Mockenhaupt. 65 Pacific Reporter. S75.
liability of Charitable Institution for |
Injuries to Patient-It is contended by |
the plaintiff in the case OF Powers vs.: |
Massachusetts Homeopathic Hospital 10Y
Federal Reporter, 294. that the institution |
is liable for injuries which she received I
while a patient, and which resulted from
the negligence of nurse Inc c!rcut |
court of appeals for the FIRST circuit
holds that as the hospital was chart
table corporation, there can be no rec0V-
cry, although the plaintiff was a pay
patient" The court points out that IN |
institutions of this kind the payment
made does not make full pecuniary 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
1t 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 court of appeals of /
another circuit in the sabsence of con-
flicting authority, and 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 Representatives ''-This phrase, I
as used in life insurance policies, has
been construed by the supreme court Of
New York in the case of Leonard vs.. |
Harvey, II New York Supplement. SAG. 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- /
ceeds 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
in 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