The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-31
-Beneht Associations-Husb and
Wife

-Benent ASsocia tiOnS-HuSDand ana
Wife
Where two persons are married and live
together as husband and wife until his
death. both mistakenly supposing that she
was divorced from her former husband,
she is entitled to the proceeds OF an In
surance policy designating her as ms wiIe
and beneficiary, although the bylaws OF
the association provide that no certincate
shall be made payable TO one not wire,
husband, child. dependent, etc, OF the
member. [92 Northwestern Rep. (Michi-
gan, Judge Grant,, 10
Agents Commission-When Earned
An executor of an estate, representing
that he had authority 10 mortgage GER
tain property. offered an. agent certain
commission to secure a loan. The agent
produced person able and willing 10 make
the loan. but who afterwards declined TO
make it solely on the ground OF the ex-
mortgage. In an action by the agent
against the executor. 1T was held that he
was entitled to the full amount OF the com
mission agreed upon. III southwestern
Rep missouri Judge Bland), $751;
Dry Dock Not Ship
An interesting decision was handed down
this week by United States District Judge
Edward b. Thomas, in Brooklyn, y. Y, in
the case of Martin j. Garvey against the
steamship Warfield Plaintiff libeled the
ship because of injuries which he had sus-
tanned by falling through hatchway OF
the vessel while she was in the dry dock
Tor repairs. Judge TnOmdS mas dismissed
the case for the reason, he holds, that the
admiralty court has no jurisdiction in the
matter. This decision is noteworthy, and
establishes a point that has never before
been presented TO the courts for settlement.
II is held by Judge Thomas that, being on
dry dock. the steamship was not on navi-
gable waters, nor was the dry dock, which
rested upon the water and not upon the
waters bed, vessel in any sense, but
was part of the land itself.
-Divorce-Child Born After Decree
A Missouri statute provides that the
orders touching the maintenance of the
wife and Of the children. and may open
the decree as to maintenance. A husband
was granted divorce from his wife, and
subsequently child was born of the mar
riage, for whose support no provision had
been made in the decree of divorce. Held.
that the court had authority, on petition
OF the former wife being made therefor,
to make provision for the care and Gus
tody of such child. by modifying the orig
inal decree. III Southwestern Rep. mis-
souri,, Judge Broaddus), 104.1
-Murder-Self-Defen
A person who, when assailed. is in a
place where he is lawfully entitled to be,
is not bound to retreat before exercising
his right of self-defense.
A person may resist a public whipping,
and, il his physical inferiority to the as
sailant prevents a resistance, he may use
weapon with which to defend himself.
Mere slanderous words of persons
brother do not justify such person in as
sailing the slanderer. III Southwestern
Rep. (Missouri. Judge Sherwood). 1851
Queer Names from Arkansas
In the case of Glory VS.. State. Is Ark.
go. the defendants Doghead Glory and
George Potatoe were indicted as principals
and Cassalowa, Youngbird and Moses
Glory as accessories to the murder OF
David Scentie.