The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-01-18

IS responsible for the agents unlaWfl1
e4 5a IN !, violation Of the usury laws
and is legally charged with knowledge
OF the conduct of such agent in making
the loan.
2. Upon the findings of the trial court
IN this case it is held they do not sup
port the conclusions of law and that
new trial must be ordered for that rea-
son. Reversed and new trial granted.
Lovely, j.
Christ J. Miller. respondent, VS.. The
Great Northern Railway Company, APP
Facts in an action for personal intlries
resulting from the failure of the master
10 furnish a safe and proper instrument
tahty for his servants use in the con
Struction of a bridge whereby such serv-
ant was injured considered and held
upon the evidence, that the jury were
justified in finding that the master haf
peen negligent in his duty in that re-
spect. Order affirmed. Lovely, J.
William B. Flanagan, appellant, VS.. Ben.
9amln A. Pomeroy, respondent.
-, IN an issue of fact tried by tbs
court, where, under section 4,219, Genera
Statutes 1884, the burden is imposed upon
the purchaser of personal property I'M
colnpallied by an actual and continued
CHange OF possession to show his eooC
ialth, a hndlng by the trial court If the
pona hdeS of such purchaser is necessary
10 uphold his title in that respect as
against a subsequent innocent nnrcb Co e.
from an original owner
z Where vender of personal nronor+1
is allowed by the Yendee to confin9e ~
possession % s. OF the same after the sale SC
as to give the world a coIorahIe annoo9' ~
ance OF continued ownership tha rioftc
q subsequent bona fide purchaser fro1,.
lHe IifSt owner who retains nosSaScio,
Will be upheld P0"'esSlon
3. Findings of fact conoide,oz
netd supported by the evidence: also +bat
the hnolngs of fact support the con o1i@t
f 9,1le - ID" oy the trial court. Order az
Lovely, ].
Martin Lally, Respondent. We p,no
1a iIoAston Lumber Company, Appel
l. A verbal contract for tba bir,no -
an employe for the period IF ono 81 ~
where the term is to commences ~ .
future time and cannot be fully perform q
v 20 mi1llh ;1d year from the hiring it is
Sec. 4.209, Subd l, g.. l.. 1894 = Ii"'us'
if w w 1lle such contract is voidable vet
IL acted upon by the parties while # re-
and furnishes the means Of eG $50 C1IIiiCy
rne amount OF compensation for WHAT
n ay nave been done under it. and If tTe
cd e5i t tba contemplated are fully complet-
60 the compensation provided for fI1areir
Mimi. 316 vs. 4--4l' oil
NO. :; But It is not, however permissible
j.; apo ~ such non-enforcible contract. as
IN the case at bar, to imply bv con+iro
lance OF labor on one side and the nav
ment of services on the otber Lay P s
perlod of service for the same term - a "
the hrst invalid agreement Order ra7
Nefsed ana a new trial granted
Lovely, ].
B. Kosmerl ct al, appellant. VS.
r. e., snl4g , ETC.. ct al, defendants;
anna Paciska and WiTheImina pos
sack, respondents; f. s. KosmerI Of
a. appellant. vs. S. f. Snively. etc
ct al; defendants: Katherine Schafer
and Christian Mueller. RESPONDENTS
In action to quiet the title To re.1
property brought against the adninistra-
Tor OF the estate of a deceased nerson
former owner Of the property. ana his
unknown heirs, certain persons claiming
TO De such heirs appeared and answered
Ssettlng forth in their separate answers
t LI they We're heirs of the deceased and
claiming title to the property: on a gem
eral demurrer to such answers. IT is held
That the allegations that defendants are
the heirs of deceased are admitted and
1t is 1mmaterial that the question as to
which of defendants are the rightful heirs
has not been determined by the probate
court. Order affirmed Brown. J.
Albert Steinbauer respondent vs.
Charles Stone, appellant
]. The firmly established practice in
this state requiring counsel on the trial
of an action to call attention to obvious
ly unintentiOnal misstatements and yer
the jury. if deemed at all likely to be
misleading. was not abrogated by the
passage of chap. 113, Laws 1861; and the
legislature did not intend BY that act
to permit litigants to single out. after
the trial of an action. isolated portions
of the charge. assign the same as errors
and thus secure a new trial or the revers-
al Of an order DENYING one for Gonna