The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-07-25
Sale of Goods on Credit-Commerc
Agencies

Sale of Goods on Credit-Commercial
Agencies
An opinion of interest to merchants and
all who sell goods relying on the financial
rating Of the purchaser in a commercial
agency, is that of the New York Court of
Appeals holding that one who sells on cred
it, relying solely on the purchaser IMAM
cial rating in a commercial agency, which
was based upon falsely written statement
furnished to it by the purchaser, may, upon
failure Of the purchaser shortly thereafter.
maintain an action of tort against MIN Tor
the price of the goods. Il is no defense to
the action that the false statement as to
the defendants financial responsibility was
not given by him TO the plaintiff personally.
or that the plaintiff never saw the original
statement [Tindle VS.. Birkett, Judge
O. Brien.l
Private Nuisances-Annoying Noises and
Odors.-
Defendant erected a factory on premises
adjoining plaintiffs hotel in a neiShbor-
hood where there were no other factories,
and the annoyance caused by the loud and
frequently repeating noises from the puff
fling of the exhaust steam, from the roaring
of the blower or forced draft of the oil
furnace and from the implements it manu-
actured and the offensive smoke. were such
that the rooms of the hotel on the side next
to the factory were practically untenant-
able, and the patrons refused to accept
them unless the annoyance ceased. Held
to constitute a private nuisance which
plaintiff was entitled TO have abated. [52
375
NEUTRALITY-SUSPICIOUS. of Passengers-In-
juries.-
Where railway conductor told pas
senger that he would not be carried. and
that if he did not get off he would be
thrown off, followed the passenger on to
the platform, and standing over him.
threatened to throw him off if he did not
alight, there was, in law, forcible ejec
ton, though the conductor did not touch
the passenger. Under such circumstances
if the passenger is injured by being COM
PEELED to jump from the train while it was
in motion, he may recover damages from
the railway company for his injuries. [64
Northeastern Rep, 222
OBSERVATION-DISCLOSURES of Divorce Suit
The Court of Errors and Appeals of New
Jersey holds, in a recent case, that where
husband and wife have their matrimonial
domicile in New Jersey, and the domicile
OF the wife is also in that State, a court
OF chancery on a bill filed by the wife, had
jurisdiction to enjoin the husband from
prosecuting a suit for divorce in another
State, the jurisdiction of which he had
invoked on a false and fraudulent allega-
tion of his residence in that State. [52 At
lantic Rep. Judge Dixon, 1901
Assault on Child-Parental Control
A mother who has the right to control
and correct her child, may authorize an
other. in her presence. to chastise the child
for dsobedience; and if he do so in a proper
manner, he is not guilty of an assault and
battery upon the child. IA Southeastern
Rep. (Georgia), 9S3.
-Theving Dogs-Right to KILL
An owner of a house. who, after securing
the screen door of his kitchen, is awakened
during the night and finds that a dog has
broken in and stolen milk, would be justi-
fed in thereupon killing the dog. [69 South
western Rep. (MissourD, 26.l