Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-05-27
: Important Decisions

no11rNrARY coNNEYANcEs.

VOLUNTARY CONNEYANCES.
A widow, in contemplation of remar-
riage, went with her children to no.
tary, and there. in their presence. exc
euted to them voluntary conveyance
of her land, retaining life estate in
herself. The deed was left with the no.
tary, who, with the knowledge and con-
sent of the children, recorded 1T, and
thereafter returned it to the mother.
who retained possession OF 1t. The
widow and the notary testified that she
did not expressly authorize him to re-
cord the deed, but three other witnesses
testified that she did. She further tes-
titled that she first instructed the no.
tary to make will, but that he said a
deed would be better, and that she
knew nothing of the recording or the
deed until two or three days thereafter:
but this testimony was discredited by
the great preponderancc of the testi-
mony. Held, that there was valid de-
livery and acceptance Of the deed by
the children, binding upon the mother.
SO Northeastern Rep, 499.
INSOLVENT BANKS.
Where bank director has absolute
insolvent and fails to take steps as lie
in his power to close the bank for bust
ness, and takes part in an arrangement
which permits the bank 10 be kept open
and deposits to be received, he is per-
sonally liable for damage to n depositor
who is ignorant of the insolvency. and
whose deposits We're thereafter re-
ceived, tho the director has expressed
an opinion that deposits should not be
received, and an arrangement has been
entered into for their receipt under
proper restrictions, where such ar
rangement was subsequently aban-
doned. Such an action Is one for fraud
in accepting deposits with knowledge OF
the banks insolvency, and If priml
facie case of fraud is made out, the
burden of explanation Is on the defend
ant.-63 Northeastern Rep, 554.
INSURANCE.
Plaintiffs husband, before marriage,
obtained q certificate in A benefit assoc
citation, his mother being named as bene-
ficiary. After marriage he, without his
mothers consent, surrendered the GER
tificate and received new one, paya-
bic to his wife. Among the objects of
,
was to pay specified sum to the rela-
tives or beneficiary specified in the APP
plcation of member. The regulations
provided that benefits on account of the
death of member were payable only
to the beneficiary designated in his APP
piication, If living at his death. Held.
that on the death of the member his
mother and not his wife, was entitled
to the Benefits Northwestern Rep,
57S.
RAILROAD WAITING ROOMS.
Where a railroad company permits a
drunken passenger to enter it's waiting
room, and use vulgar and indecent Ian
euage, and with an open knife to as
sault passengers, it can not shield itself
from injuries to female passenger re-
sulting from the fright on the ground
that the agent in charge of the room
merely regarded the matter as joke.
a verdict of $500 against the company
in favor of the woman is not excessive.
81 Southwestern Rep. (Texas, Judge
Fisher, 915.
RETAIL LIQUOR DEALERS
Judge Phillips, United States district
judge for the western district OF Mis-
souri,, has decided, in a late case, that
one may be convicted Of carrying on the
business of a retail liquor dealer with
out payment of the required tax, tho
the article is put up in bottles and la
beled as an appetizer" and he did not
know its nature when he bought It, it in
fact containing a large per cent of al
cohol and nothing of curative char
acter, and the circumstances of pur-
chases from him being such as to show
that his customers are buying it mere
ly as an intoxicant. - (Unreported
case)