Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-02-16
gImportant Decisions

TpErs-JoINT OWNERSHIP.

1 A curious case has engaged the at
! tenton of Judge Parry in the Manches-
| ter, England, county court lately, says
I the Pail Mall Gazette. "A tree Which mas
| been growing for fully forty years py
] the side of wall, quite recently cause
1.-THE wall to fall, thru the spreading OIL
Lifts roots and an action for damages
was raised by the owners OF the wall -
| two ladies-against the owner OF the
I tree. The court decided that as the
| roots Of the tree had spread under the
| wall and into the plaintiffs land, the
| tree was joint property, and that If the
| plaintiffs had chosen they could have
pruned the roots or even cut down the
tree. 1t is certainly nice legal point,
and If the defendant is litigiously in
clined it may vex. and also amuse. the
higher courts. Claw Notes for Febru-
ary)
DUTIES OF REAL ESTATE AGENTS.
An agent who is authorized by his
principal to sell or exchange the prop
erty of the latter upon specified prices
and terms is in duty pound, upon
learning that more advantageous sale
or exchange can be made, the facts con-
corning which are unknown to the
principal, to communicate the same 10
him before making the sale as express
ly authorized, and his failure to do so
amounts to a fraud in law. 90 North
western Rep. minnesota, Judge
Brown) 956.
TRADE NAME-INJUNCTIO
Where Il private educational instttu-
ton has been established and designat-
ed by name under which 1t has ac-
quired a valuable reputation and busi-
ness standing, an imitation of its es
tablished title, calculated to mislead
and deceive patrons, will be enjoined as
unfair business competition, altho the
name initiated is not the subject of
strict property right as trade name.
a2 Northwestern Rep. (Minnesota.
Judge Lovely) 95S.
CREDIBILITY OF WITNESSES.
In the trial of criminal case the de-
PENDANT offered to show that witness
called by the state was a confirmed user
of opium, had been addicted to its use
for years. and that such use renders the
person unreliable in his statements and
prone to falsehood. 1t was held tha.
such evidence should be excluded The
witness was before the court and jury.
His appearance, demeanor, and the
manner in which he gave his testimony,
whether straightforward and unequivo-
cal or In a manner indicating untrutll-
fitness or an unbalanced mind, were
sufficient from which his credibility
could be determined. 80 Northwestern
Reb. minnesota, Judge Brown) 965.
CHECKS AS GIFTS.
Where one, for the purpose of making
gift, signs and delivers a check, AMI
asks the person to whom he gives it no;
to present 1t for payment until after his
death, such death revokes the gift, I'M
der a statute providing that verbal
gift is invalid unless accompanied by a
delivery of the thing given, or of the
means of obtaining it's possession and
control.
A bank paying a check with notice of
the drawers death is liable to his es-
tate for the amount of the check. II |
Pacific Reb. California. Judge Harris
on) SO.
'SNNFa LNH4A7OSNI
A county treasurer, who deposits the
public funds in an insolvent bank, and
issues checks thereon in payment of I
outstanding warrants of the county,
which checks are not paid, does not dis
charge the Indebtedness of the county
evidenced by such warrants. and the /
holders of such warrants may recover
the money due thereon from the county. I
In such case the county treasurer is
acting as the agent of the county, which
must suffer by reason of his wrongful
acts l Pacific Rep. Idaho, Judge
Quarles) lis.
.