The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-11-21

~ So ~ IL AAAl EaS ~
receipts In full for all accounts. claims and de-
mands such receipt is without consideration and
Of validity, as to "a previously existing dis;
puted claim for damages arising out of an al
legged breach of contract. #g
Order affirmed So COLLINS, is
Andrew J. Berry, appellant,svs. George A. Dole
and Santa Maria Dole, respondents.
The complaint In personal injury action held
not to allege facts constituting cause Of &C.
ton for the reason that it contains direct allet
cations that the plaintiffs injuries were caused
Order affirmed. ..a D.. Start, C. J.
Freeborn County.
Charles H. Hagerty. respondent, VS. q. N.
Evans, j. A. Almirall and W. G. Adams, CO.
partners, doing business under the firm name
|, and style of Evans, Almirall & Co.. appel
lants .z. >" r - r..
: Where a scaffold is required for the purpose
or sustaining the workmen and also the strain
of hostfng up heavy iron pipe the weight of
such pipe and the additional weight caused by
bractng up the pipe after being put into place,
presumptively, the ordinary workman, not IA
mliar with the construction Of scaffolds and
having no experience in such work, is not able
to Judge of the sufhciency Of the appliances for
such purpose. -.- ',.-,sc
i In such case, If the master directs such work
man to go upon the scaffold and assist in hand.
ling the pipe, there is an implied agreement on
his part that the same is reasonably safe and
suitable for the purpose.
+ Order affirmed. Lewis, J.
= Ramsey County.
State of Minnesota ex. rel. W. B. Douglas At
torney General, plaintiff, vs.. Savings Bank of
st. Paul, defendant; Edward j. Hodgson, as
receiver. appellant; J. O. Prendergast ct al,
stockholders respondents
The Minnesota Savings Association incor-
porated under General Laws 1867. BY Special
Laws 1873, chapter, 1T, the name was changed
to Savings Bank of st. Paul, and capital stock
of $4,000 such capital to be employed in the
business and to become a, guarantee fund.
Held: Such stock is not within the constitu-
'tional provisions imposing double liability and
the depositors are not creditors having the right
to enforce such liability.
Order affirmed
Ramsey County.
Addis Moore, appellant, Dispatch Printing
company, respondent.
certain publication in reference to the prose-
cution Of criminal action, and plaintiffs con-
duct In connection with the trial, held to be
libelous per Sc in SO far rs it contained certain
differences from alleged facts. and that it WITS
a question for the jury to determine whether
ouch inferences were justified by the facts
stated. and whether the same were published
In good faith as an item of news. The court
erred In directing verdict for the defendant
Order reversed and new trial granted.
Lewis, J.
Lyon County.
c. Gotham & Co., appellant, VS.. H. c. Heine ct
al. defendants; J. NJ. Wardell, respondent.
One who signs a promissory note for the ac-
commodat1on of the maker with knowledge of
the fact that the debt evidenced by note Is
secured by mortgage. in the absence Of an agree
ment to tho contrary, is presumed to be surety
only, and the note SO signed is presumed to be
collateral to the mortgage. In such case the
maker his no authority to agree with the payee
that the note shall be received in part payment
of the mortgage debt
IT the payee under such circumstances, the
security being sufficient. discharges the mort
gage debt. the security is thereby discharged.
Order a1nrn1ed Lewis, J.
lie Sueur County.
Sylvester F. Symonds, respondent, vs.. Mime
apohs d ST. Louis Railway company, appel
lant
First-Passengers upon mixed trains assume
all casual risks and discomforts incident to the
movement of such trains, but this does not re-
HeVe a railway company from the charge of
actlonable negligence in the management of
mixed trains or On the condition Of the cars
In which passengers are to ride. ,..1 e.
Second-upon examination Of the evidence in
this case, 1t Is held that there was sufficient
evidence Of negligence the part of defendant
to support the verdict of the jury in plaintiffs
favor. and furt>r that the question of PLAINTIFF
contributory negligence was for the jury. ::
Order affirmed. Collins J.
AitkIn County.
Andrew Fajder: ct al. respondents, vs. the VII
lage of Aitkin appellants.
Where proceedings are instituted to enforce the
collection of special assessment for sewer con-
struction under the provisions Of general laws
ample remedy at law for an illegal assessment
under general statutes 1894. section 1854. and
cannot maintain action:in equity to restrain
and enjoin the village authorities from trans |
hitting to the auditor of the county the state
ment provided for by section s. chapter ;167, |
general laws 1901. =, 4
Judgment reversed. Collins J.
Ramsey. County.
Matthias T. Coleman and Henry H. Barker, doing
business as Phoenix Publishing company, ap- |
r1oc
First-The doctrine of laches as pertinent to a |
failure to properly and seasonably prosecute an |
action to Judgment, applied to the facts in this
case, and it is held that plaintiff who neglected
10 enter a;default Judgment for nearly eight
years after service Of the summons upon de- |
fendant, was not sufficiently diligent and that |
the judgment was Improperly entered. =
Second-A judgment entered under such cir |
cumstances is voidable and. TN the municipal |
court Of the city of st.. Paul may be set aside
under the provisions of special laws 1885, chan
ter ISL, section p, subdivision Z. -.
Order affirmed. Collins J.
Ill.,. Scott County. ......
Williams Diers respondent, vs. e. r. Ward,
appellant.
Evidence upon an issue Of title to real estate
held to reasonably support the, findings of the
trial court that plaintiff had been in possession
thereof adverse to defendant for more than If
teen years prior to the commencement of the &C.
ton, and to sustain the conclusion Of law that he
was the owner thereof.
Order affirmed. Lovely, J.
NlcoIlet County.
Anna M. Ljungberg, respondent vs. Village Of
North Mankato, appellant.
First-1n an action to recover for injuries re-
ceived by a pedestrian in passing over a plank
sidewalk on the principal street Of village of
1000 inhabitants, where obvious defects had
continued for more than twenty days before the
accident, the question whether sufficient time
had elapsed before imposing upon the village
authorities the duty to repair the walk, held to
be for the jury. ....:. ...
Second-Held. further. under the facts in this
case the question whether proof of proper SER
vice Of notice of the accident upon the defendant
had been made was for the jury.
Third-A verdict for 81 $50 for an injury to a
lady of 20 years of age, who, by reason thereof,
was confined to her bed for eight weeks, and to
her room for period Of six weeks thereafter
and who continued to suffer pain and inconven-
fence therefrom until the trial, two years later
not, under the evidence, excessive.
Order affirmed. Lovely, J.
Becker County,.
John Rahm, respondent Elizabeth NJ.
Newton. appellant.
A judgment of justice of the peace held
properly reversed by the district court for errors
in the exclusion Of evidence tending to show that
the husband Of defendant was her agent and au-
thorized to purchase property for her.
Judgment aftirmed~ --Rroyyn