Omaha daily bee., 1902-10-31


press contract with the shipper limiting its
liability to the transportation of che prop
erty over its own line.
2. An agent. employed to solicit traInc ior
OF road In thls state has implied authority
to bind his principal for the cafe delivery
OF goods at a point beyond its own lines
and TO contract over what road beyond that
line the property shall be transported.
8. A manager OF an agency established In
this state by a foreign railroad corporation
for the purpose of soliciting traffic over its
line of road IL a managing agent WITHIN the
meaning OF the statute with reference TO
the service Of summons upon such corpora
lions.
rl24s. Allen against Hall. Error from
SCOTS Bluff. Judgment. Barnes, G, divi-
T. A tenant cannot dispute his landlords
title, but In an action by a lessor TO recover
rent the lessee may show that the lessor
has sold and conveyed the premises to an-
other by a deed of general warranty with
out reserving the rent thereafter to become
2 One who has conveyed his land TO a
third person by deed, without reserving
the rent to become due thereafter cannot
q A tenant under such circumstances may
defend against an action by the lessor TO
, recover such rent, without, having. been
evicted by title paramount or disturbed In
his possession during the terms.
4. The lessor, Notwithstanding he has con-
veyed the land TO a third person. may re-
serve the rent by separate written instru-
ment or otherwise, and where that fact is
put in issue by the ~pieadings the evidence
on both sides should be received ana the
question submitted to the jury. under proper
fis5s. Chicago. st. Paul & Omaha Rail
Cunning. Day, G., division Nos1,
l. Where a shipper agrees to personally
omp and care t9r the TSteTlhs ow OK
pany and is given free transportation for
that purpose and is supplied with proper
I%arfsing from lack of such care in the matter
of watering arising out of his own fault.
tcoTmnpean the stock and be responsible
for it's care is, when proper facilities are
supplied. not a Limitation of the carriers
liability as contemplated by section =, arti-
8. The care Of live stock while being trans
ported is a mere Incident to Its transporta-
ton, and transportation agencies have the
right TO contract against their assumption
of liability that accrues to them, merely
as bailees. and In common with other
bailees, and not strictly as common carriers.
ll6ss. Kendall against Selbt. Error from
Douglas. Affirmed Kirkpatrick c. divI-
/. Where a note and mortgage securing
II are made contemporaneously they are TO
be construed together. and all persons
chargeable with notice of the conditions of
the mortgage are bound by It's terms
affecting the negoiability of the note.
2. A provision in a mortgage, which by
the terms of the note TO secure. which 1t Is
given, is made a part thereof, that the
mortgagor shall pay taxes on the premises,
and on his failure to do so, the holder mny
pay the same and me moTtgage shaiI stanI
dh StNhAlNg W 49,
! thereon. does not anect the negoliability oil
the note
the terms of the note to secure which II ! 4
n given, is made a part thereof. that the
= whole debt shall become due and payabl5
= without notice to the mortgagor, does not
affect the negotiability of the note.
9 4. A provision in a note and mortgage
q that I'm case of a default in some particular
the debt shall draw a higher rate of interes
n than would otherwise be the case, Is In thu
e nature of a penalty. is non-enforcible, ant
| ifg inCOrnOratiOn IN the note does not amer
its negotiability.
I 5. The finding OF the trial court upon cor
Trajectory testimony will not be disturbe,
II supported by SUFFICIENT competent evi
dence,
prosecuted 10 decree. and an appeal take
therefrum has resulted In a reversal OF sucl
: decree, whereupon the plaintiff dismiss
proceedings were not a bar to a suit a
l. law upon the indebtedness. and the answe
commencement and dismissal OF the fore
{. closure suit falls to state a defense.
Railway miSS CompSny against Mcdowell. Er
ror, Jefferson. Reversed. Ames' C.' DE
- In an action for personal injuries CON
l. pensation can ne recovered for only sue
2. future damages as are shown with reason
1880. Chamberlain against woolsey. Ei
y, ror; Johnson Reversed, Johnson count
fp5Sifm3s Gl P=epsqtm anT N New a. "r'ai grantee
~ /. A failing debtor transferred his stoc
of merchandise in payment or Two claim
against him of the aggregate amount
~ Si,S21 "a. The value OF the property ws
m ina by Witnesses at from $3.50 I
." 1850, but Immediately after the transit
"a II was seized by the sheriff. under process
and after advertisement, as upon eXecutio
rs was sold for S~1,36s.73. Held. that the di
~ parity, II my, between the value OF II
81. property and the consideration Of the tran
81 fer, was not so great as to justify the Il
/. ference that the transaction was tntend'
pc to defraud other creditors OF the vendor.
n 2. The seizure upon a tax warrant Of s.
re of merchandise OF the value OF from N,4
a. TO 1880 or 5000 or more, is oppressive
~ excessive and void.
se g. The right OF action for the enforc
:, ment OF a lien for personal taxes is vest
I'm the county treasurer, or, In count
X under township organization, in the tow
" ship tax collector alone.
A.. A county In its corporate capacity h
no duty to perform with respect to any
lis the matters mentioned in the precedil
X paragraph except, through the eoun
~. board. 10 authorize the bringing OF an a
,. ton by the treasurer or collector. II ca
srs not Itself begin or prosecute such an actio
oh s. When the statute provides a reme
Ids for the collection OF taxes under Civ
ne, circumstances, that remedy Is exclusive
all others.