Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-06-09
: Important Decisions
OBSERVATION-DISCLOSURES
EORGED CHECK S.

FORGED CHECKS.
| A bank which pays a raised check
that was altered so skillfully by the
drawers clerk, who presented ii, as to
avoid detection on reasonable inspec-
ton, must sustain the loss, unless the
depositor has, by leaving blanks in the
check or by some other affirmative act
of negligence, Facilitated the fraud
But depositor on the periodical writ
ing up of his account and return to him
of his pass book and vouchers, is bound
to make reasonable examination and
VerificatiQn of them, and to notify the
bank If forgeres have occurred, so that
it may guard against recurrence. If he
negiects TO make such verification or
entrusts it to his clerk, who, from be-
ing connected with the forgeries fails
TO disclose the discrepancies, the bank,
in the absence of neglect on its part, is
not chargeable with subsequent pay
ments made to the clerk on a series of
such forgeries. Gef'rees VS.. Chemical
National Bank, New York court of APP
peals, May, 1929
LIABILITY FOR LOSS OF MAIL.
An interesting case has recently been
the district of Minnesota, involving the
liability Of railroad carrying mail for
the government for the loss of valu-
able package. The package was regis
tered and contained the sum of $4,000
The mail sack was delivered to the
company's agent at station and il
was his duty to safely care for it dur
ing the night. During the absence of
the agent the mail sack was stolen.
Judge Lochren holds that the carrying
OF mail is entirely under government
control, and that the railroad company
owes no duty except to the govern
ment; that it has no knowledge OF the
contents of mail sacks, nor as to who
sent or who is entitled to receive let
ters; that it is not employed by such
and personally no duty whatever. 113
Federal Rep, 414
WHISKY CLASSIFIED.
Whisky IN the abstract, whisky gem
erically, is by the decree of public SEN
timent quarantined along with srall-
poX, leprosy and cholera. 1t is an Icha-
bod, forsaken, cast out and despised;
CZolgosz among the commodities of
commerce.; and yet we are enjoined to
give it a place with the staples and
staff of life, and catalog it with beef,
beans and bread" This extract is from
the recent case of State vs.. Hickox, in
which the supreme court of Kansas
held that the state law placing restric-
lions upon taking or soliciting orders
by a nonresident salesman for intox-
icating liquors to be imported from an
other state is burden upon interstate
commerce and is therefore repugnant to
the provisions of the federal constitu-
ton. Chicago Legal News, May 81.
HOMICIDE - SELF DEFENSE
Defendant testified that he started to
leave Chinese restaurant without
paying his bill, having discovered that
he had no money, and that he explained
to the proprietor that he would return
and pay THAT the proprietor picked UP
a long knife and followed him to the
door; that he motioned him back and
the proprietor rushed into the restaur-
ant and returned with his hand under
his apron, giving the impression that
he had deadly weapon concealed. De-
PENDANT then threw a handful of crack
ers at him, and then fired, killing him.
Held that the evidence did not show a
killing In necessary self defense. IS
Rep. (Arkansas) 3S.
LIGENCE-INJURY TO CHILD.
Where a small boy. who had climbed
thru hole in window of vacant
house, the door being locked, was in
jured by the explosion of dynamite
cap which he found on the floor, the
owner of the building was not liable.
Workmen employed by another had in
a shelf thrown the cap on the
floor, not noticing what it was, and the
owners not knowing there was dyna-
mite in the house. IS Southwestern
Rep. (Kentucky, Judge Hobson) 6.
PART PAYMENT OF DEBT.
A part payment of debt barred by
the statute of limitations, under an
agreement to pay the whole in INSTALL
nents, is held. in Gillingham VS.. Brown
(Mass.), 55 l.. r. A. 500, not to sustain
IN action for the whole debt at once,
put only for the installments which
nave become due when the action is
commenced. The effect of payments on
condition to take the debt out of the
tatute of limitations is considered in
lot to this case.
MISUNDERSTANDING OF BOSS.
A miner intrusted with the perform
nee of duties in an operation of the
nine which properly pertain to the
nine boss, is held, in Wellston Coal
company VS.. Smith (Ohio), SIS l.. r. A.
9, not to be, as to the performance of
UGH duties, a fellow servant of the
Their miners. but, as to them, to stand
n the same relation as the mine boss.
PLAGUE OF SQUIRRELS.