Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-10-07
5 Important Decisions
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yo1rrHFJ7L LIRE INSURANCE


An insurance company had issued a
life insurance policy to the plaintiff
son, a boy of Is years of age, in favor
of the plaintiff, his mother. The boy
died and the mother brought SUIT as
beneficiary for the amount due undef
the policy. 1t appeared that the m
sured in making the application haa
lfraudulently answered some OF the
questions. and the defense was that
this fraud Initiated the contract On the
ground that an infant is not Liable ON
his warranties nor for fraud arising
cut Of contract, judgment was render
ed IN favor of the mother. on appeal
the judgment was affirmed. Al Amerl-
can Law Register (Rhode Island case)
No. s.
Loss OF GOODS BY FIRE.
A. took wheat to a public ware house
and elevator and had it stored at the
owners risk of fire. and agreed to pay
IL certain price for storage. The custom
of the wareilouseman was in such cases
to ccmmingle grain SO deposited for
storage with like quality belonging to
him, and from such mass to sell from
time to time and replenish 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 10y A..
was sold by the warehouseman. After
this fire consumed the warehouse
with it's contents, including enough
wheat of the quality stored by A. to re-
place the same. Under these facts the
supreme court of Kansas hold that A.
4
man the value of his wheat. since the
enough wheat of the proper quality to
replace all wheat stored by A. 81 Pa
cific Rep (kansas) SIG.
SCOPE OF DISCHARGE IN BANK
RUPTCY.
In the case of Mcdonald vs.. Brown,
THE supreme court of Rhode Island
holds that under the bankruptcy act of
1885, providing that a discharge in
bankruptcy shall not release judgment
in actions "for wllful and malicious in
ljuries to the person of another a
Judgment for libel against a bankrupt
recovered prior to the bankruptcy, and
the surety on the bankrupt's bond in
the libel action can not plead such dis
charge in defense TO a suit on the bond
The court admits that the question is
new, but cites as analogous several
cases. Atlantic Rep. OR. I. 213.
BANKING CUSTOM = SIGNATURE
CARDS.
The use of signature cards as part
of modern banking methods is we'll
known. In late case the supreme
court of New York, dealing with
4 hal
that where the treasurer OF foreign
corporation opened a bank account
with the defendant, the National
Bank of the City of New York, and at
the same time handed its authorized
signature cards to guide it in the pay
ment of checks drawn thereon, which
cards contained the signature OF both
the president and treasurer, the bank
WAS not authorized to pay checks
Signed by the treasurer alone, and was
liable to the corporation for the sums
so paid. Is New York Supplement,
G27.
ON DRUNKEN
NESS.
One-half pint of whisky is a literal
dose. Judge English, in 33 Arkansas,
$50.
No man likes to be called a sot or a
drunkard. Judge Lumpkin, in Ga,
276.
A man may be of incorporate habits
and still at a given time be sober.
Hampson VS.. Taylor, 10 r. l.. SO.
1t is not proper to allow the jury to
take liquor with them into the jury
room for the purpose Of experimenting
with it and finding out whether or not
it is Intoxicating. III Ala, 661.