The Washington times., 1902-04-20
LEGAL DECISIONS OF INTEREST
TO LAWYER AND LAYMAN

If a man kisses or embraces a woman
without her consent, he is guilty Of as
sault and battery, holds the supreme
court of Alabama, in the case of Walker
VS.. State t31 So. Rep. 5o7).
Slot Machine Gambling.
nickel in the slot machine, involving
in its operation the element of chance
as to whether the player obtains in cigars
more or less than the value of his money.
is held by the supreme court of Mime
sofa, in the case of State VS.. Woodman
chance. and to be prohibited by the
statute forbiddirg nickel in the slot ma
chimes for money. checks, credits, or any
representative of value, or for any prop
erty or thing whatever
Trade Mark Can't Be Sold.
A trade mark is not by itself such prop
erty as can be transferred and the right
TO use it cannot be assigned. except as
Incidental to the transfer of the business
or property in connection with which it
has been used, holds the United States
circuit court of appeals, in the case of
MacMahan Pharmacal Co. w. Denver
Chemical Mfg. Co. 1l3 Fed. Rep. 1881. A
transfer CT the right to use il in con-
nection with different article or cne of
a different manufacture, would result in
deceiving the public as to the article or
its origin. which it is the sole legitimate
purpose of a trade mark to prevent. and a
transferee will not be protected in such
use by court of equity.
Bank Protects Depositor.
A bank is in duty bound TO honor the
checks of a depositor. and 1t cannot re-
fuse to do so on the ground that the
money deposited belongs to some other
person, or that the title of the depositor
to 1t is defective. holds the supreme court
OF Nebraska in the case of Nehawka Bank
vs. Ingersoll (S9 n. w. Rep. 6lSD. Depos-
its in a bank create between it and the
depositor the relation of debtor and cred
itor, and the obligation of the bank is &c
pay all OF the depositor's checks upon his
funds. 4 banker is not required to pro-
tect the rights of third parties or TO in
itiate any inquiry between himself and
the customer.
Drunkenness an Excuse.
Though drunkenness is, in general. no
excuse for crime, the court of general ses-
sions OF Delaware, in the case OF State VS..
Snow Isl All. Rep, GOD, holds that one
accused of breaking and entering dwell
ing house with intent to steal. who
through intoxicaton is in such stupor
as to believe in good faith that he is en-
tering another house where he resides.
cannot be convicted of either phase of the
offense; he is merely guilty of breaking
and entering.
Responsible for Signature.
man by the name OF Nalty subscribed
81. 900 to a subscription paper TO build a
church, and signed as follows: "Nalty
Family, s., ,000.' He refused 20 pay and
was sued. Among other defenses he con-
tended that the signature is not binding
on him. as il is meaning ess ana vold.
Judgment was rendered against him. and
on appeal the supreme c"7rt Nebraska.
Hodges VS.. Nalty. SO n. w. Rep, 535)
affirmed the judgment and held that the
subscriber was bound by the signature he
adopted to the same extent as though he
had signed his full name.
Liquor Dealer Not Liable.
Mere knowledge On the part of liquor
dealer that the purchaser is buying the
liquor for the purpose of selling it In
prohibitory district will not render the
transaction illegal. but there must be In
addition some participation by the dealer
in the Illegal purpose and act. tBluthen-
thai VS.. McWhorter. 81 So. Rep, 5os. Sup.
court, Alabama.)
Pass Bars Damages.
A person who rides on railroad pass.
given without consideration and after as
sent to conditions that he should assume
all risk OF accident. and that the carrier
should not be liable, cannot recover OF
il for injuries from negligence OF its ser
wants, holds the United States circuit
court. Maine, In the case OF Duncan VS..
Maine Cent. II. Co. uI3 Fed. Rep, 5oS).
Parental Advice a Defense.
In an action by wife against her
father-in-law for alternating the affections
of her husb.tnd and causing him to aban-
don her. the supreme court Of Nebraska