The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-07
RECENT LEGAL OPINIONS.
Intoxicating Lquors-Civil Damages for
Sale

Intoxicating ~Liquors-Civil Damages for
Sale
Maine has a statute which provides az
follows: Every wife, child, parent, guar
dian, husband or other person who is in
jured in person, property, means OF sup
port or otherwise, by any intoxicated per-
person, has a right Of action I'm mis- own
name against anyone who by selling OF
giving any intoxicating liquors, or other
wise, has caused or contributed 10 the in
toxication of such person. The Supreme
Court OF that State has held that where a
wife has been injured in the means OF her
support by reason of the death OF her hus-
band, caused by his intOxication. she can
maintain an action under this statute
against the person who sold or gave him
the liquor which produced the intOxicatiOn.
[O Atlantic Rep. Me, Judge WiswelD. S2.l
-Corporations-Assumption % Name
A corporation OF Connecticut. ''The Peck
Bros. * Co." commenced a suit in Illinois
against the corporation OF Peck Bros. Co."
10 restrain the use OF the name Peck Bros
Co." or Peck Bros" The assumption OF
the name was of itself the utterance of
a falsehood, for there were no brothers
Peck interested in the corporation. The
name assumed was voluntarily selected and
Tor the purpose OF appropriating the good
will and name Of another. Judge jenkins.
OF the United States Court OF Appeals. in
granting an injunction enJoining the de-
fendahts from further preparation OF the
wrong, makes use OF the following vigorous
language: Wrong attended It's birth and
Aldnh nAWNA 1H0AAE1l ~ 80 NAA
[4 Chicago Legal News. lS-l
Life Insurance-Insancy OF Applicant
An action was brought on a policy OF life
insurance. upon the life Of a boy fifteen
years old when the policy was issued. The
company contested payment 10 the bene-
dciary. the defense being that the apolica-
ton contained false answers TO questions,
which. by the terms OF the policy. were
made warranties. II was held that an In
FAINT IS not bound by his warranties IN an
appl!cation for life insurance. and the
company cannot defend an action on the
policy by proving their falsity. 100 Atlantic
Rep. (Rhode Island, Judge Stiness), S34l
-Telegraph Companies-Nondelivery OF
Messages
A father cannot recover for mental an
guish occasioned by a telegraph company's
negligent failure 10 deliver a message.
causing the absence Of a brother-in-law az
the death OF a daughter; the relationship
not being such that any addition TO the
fathers suffering could be presumed. Tl
Southern Rep. (Ala.. Judge Dowdell). Isl
Parent and Chnd-ReciprocaI Relations
A daughter. eighteen years old. liv-
ices. is. in legal contemplation. a person
dependent upon the father for support,
though she may be physically able 10 earn
her own living. The right OF the father to
claim the services OF the minor and the
right or the daughter 10 support are recip-
Rep. La.), ISL
Mental Capacity 10 Make Wills
The Supreme Court OF Louisiana holds. IN
a late case. that though a person execute
a last Will and testament during an attack
OF delirium tremens. IL Will be maintained
II executed during a lucid interval. Zoe
Louisiana Reports.l