The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-22
Supreme Court Decisions.
(Reported by JOS. l.. Seawell.)

(Reported by JOS. l.. Seawell.)
STATE vs.. AMOS MOORE, ct al, appel
lants. (From Pitt.) Indictment Evil
dence as to trailing by bloodhound.
An indictment for larceny and for re-
ceiving stolen goods is not defective for
failure to charge the quantity and sep
arate value of each article.
The trailing by bloodhound of tracks
which fail to be otherwise identified as
the tracks of the person overtaken and
oayed by the dog, is incompetent as evil
dance, in that it fails to connect the per-
son with the theft; nor is it corrobora
tive OF the evidence of an accomplice
who testified that the person bayed was
at the place when and where the crime
was committed, as it further appeared
that the person bayed was upon the
premises in company with others the
morning after the crime was committed
d. B. FRAZIER, appellant VS.. PENINA
FRAZIER ct al. (From Greene) When
deed Absolute may be converted into
Mortgage.
To convert a deed absolute on it's face
into mortgage, it must appear that the
clause of redemption was omitted through
ignorance, mistake, fraud or undue in
fiuence. And to cause a deed to be de-
creed in trust there must be strong evil
dence of such agreement, and proof OF
facts and circumstances dehors the deed
inconsistent with the idea of absolute
purchase. If the transaction is sale
with power to repurchase, there is no
equity to interfere.
BOWERS & co. VS.. J. b. WORTH CO.,
appellants Qrom Halliday Contract.
Shipment.
Contract to ship a carload of peanuts
not later than the following Saturday,
and on that day the vendor delivered to
the railroad agent 223 bags of nuts, which
it is agreed constituted carload, and
received a bill iof ladng therefor and on
Monday following the car not having left
the station, the vendor delivered 33 bags
more to the agent, which were placed
in the car with the nuts already deliv-
cred and the bill of lading was changed
to include the last delivery. It was
agreed that the entire quantity delivered
did not exceed a carload and that the last
delivery did not delay the departure OF
the car; Held, that the first delivery to
the carrier was a compliance with the
contract not to ship later than the day
upon which the delivery was made, and
the last delivery was not a violation of
a contract and did not prevent recovery
by the vendor, upon breach OF the
contract by the vendee in refusing to
accept the quantity first delivered, but
that the vendee was not bound to accept
the quantity last delivered to the carrier.
STATE VS.. DREW VAUGHAN, appellant.
(Trom Hertford). Murder. Evidence.
Finding that the fact at issue and
weighing the evidence upon which the
finding is made are exclusively within the
province of the jury. Whether there is
evidence sufficient to be submitted to the
jury is question of law for the court.
Evidence showing the prisoners malice
and motive; his opportunity to commit
the crime and his destruction of his
trousers before he was arrested; that
tracks leading from the place to the
murder towards the prisoners house
fitted the prisoners tracks and that the
prisoner failed to disclose his protested
knowledge Of the crime until after he
was arrested. established facts sufficient
to be submitted to the jury upon the
question of the prisoners guilt
HUGHES ct al VS.. PRITCHARD ct al.
(From amden)-Bond Upon Contin-
uance-Appeal
Where, in an action to attach patrol
trust to a deed absolute and recover
rents, the cause was continued at de-
PENDANTS instance and defendant requir-
ed to give bond conditioned to pay plain
tiff "such damage as plaintiff may re-
cover against defendant on account OF
rents received by defendant from the
land in controversy judgment was prop
erIy rendered against the bond fer the
entire amount adjudged against defend
ant for rents, and an appeal therefrom,
pending reference to ascertain better
ments due defendant, was premature.
J. F. IVES, Administrator, appellant VS..
MUTUAL LIFE INSURANCE CO
(From Craven). Vested Interest in
Insurance Policy. Personal Represen
tative.
An action to determine whether the
child of beneficiary in an insurance
policy, who predeceased the beneficiary
had vested interest in the policy not
defeated by her death. can be maintain
ed only by the personal representative of
the predeceased child. (The plaintiff here
is administrator of the daughter of the
predeceased child.)
L. ]. MOORE, appellant VS.. MUTUAL
RESERVE FUND LIFE INSURANCE
Co.. (From Craven). Insurance. Pow
er of Attorney
Power of attorney conferred on the In
surance Commissioner by an inusrance
company in conformity of Acts 1899 Co.
3D. Sec. 81, subd. 3 is irrevocable as long
as the company has liabilities remaining
unsatisfed in this State; and process
upon the commissioner under said power
is valid although the company has not
domesticated under Oh. 60 Acts 1899.
C. E. BRITE VS.. MOUNT AIRY MANU-
FEATURING CO., appellant (From
amlico)-Contract.
Where, in an action upon breach of
contract, the correspondence between the
parties, offered in evidence, shows the
terms of the contract. its construction is
matter of law. And where plaintiff de-
clared upon a contract of defendant to
deliver plaintiff 100 tons of fertilizer, to
be sold by plaintiff bon commissions, and
breach by defendant in that the agreed
quantity was not furnished, and it APP
peared that the correspondence between
the parties, in reference to the quantity
-, no, ftrtx. s,lI - ~l.,