The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-04
RECENT LEGAL OPINIONS.
Warehouseman-Los of Goods by Fire
Recovery


Recovery
A took wheat to public warehouse and
elevator and had 1t stored at the owner 5
Tisk OF fire. and agreed TO pay. a certain
price for storage. The custom of the ware
houseman was in such cases to commingle
grain SO deposited for storage with like
quality belonging to him, and from such
mass to sell from time to time and replen-
ish with such other grain as should be
brought to him for storage or that he
should buy. or this custom A was fully
informed. The Identical wheat SO stored
by A was sold by the warehouseman. Aft
er this fire consumed the warehouse with
it's contents, including enough wheat of
the quality stored by A to replace the
Court of Kansas held that A could not
recover from the warehouseman the value
OF his wheat, since the latter had at ali
times kept on hand enough wheat of the
proper quality TO replace all wheat stored
by A. I67 Pacific Rep. (Kansas), 526.l
Banking Custom-Signature Cards.
The use of signature cards as a part of
modern banking methods is we'll known.
In late case the Supreme Court OF New
York, dealing with question arising from
their use, holds that where the treasurer of
foreign corporation opened a bank &C
count with the defendant, the National
same time handed its authorized signature
cards to guide 1t in the payment of checks
drawn thereon, which cards contained the
urer the bank was not authorized to pay
checks signed by the treasurer alone, and
was liable to the corpora ton for the sums
so paid. [75 New York Supplement. e27.J
Life Observation-Disclosures of Infant
Applicant
An insurance company had issued a life
insurance policy to the plaintiffs son.
boy of fifteen years of age, in favor OF the
plaintiff, his mother. The boy died and
the mother brought suit as beneficiary for
the amount due under the policy 1t APP
peared that the insured in making the an
plication had fraudulently answered some
of the questions. and the defense was that
ground that an infant is not liable on his
warranties nor for fraud arising out of
contract. judgment was rendered in favor
affirmed. [4l American Law Register
(Rhode Island case), No. 81
Discharge in Bankruptcy-Enect on Judg-
ment for Libel
In the case of Mcdonald VS. Brown the
Supreme Court of Rhode Island holds that
under the bankruptcy act of 1895, providing
that discharge in bankruptcy shall not
release judgments I'm action "for willful
and malicious injuries to the person of
another, judgment for libel against a
bankrupt recovered prior to the bank
ruptcy proceedings, Is not Cancelled by a
discharge in bankruptcy, and the surety
on inc bankrupts bond in the libel action
cannot plead such discharge in defense to
a suit on the bond. The court admits that
the question Is new, but cites as analogous
several cases. Isl Atlantic Rep. Or -,
A3.l
"A Few Propositions on Drunkenness
One-half pint of whisky is liberal dose
Judge English, in 80 Arkansas 1901
No man likes TO be called a sot or a
drunkard. Judge Lumpkin. in Georgia,
276.l
man may be of Incorporate habits and
still at a given time be sober. lHampson
VS.. Taylor, Is l.. l., 49,
1t is not proper to allow the jury to take
liquor with them into the jury room for
the purpose of experimenting with ii and
finding out whether or not 1t is intoxicat-
ing. iii Alabama, 661