The Indianapolis journal., 1904-01-27

the reasonable expectation or recovery that
a presumption of continuance will be in
dulged No presumption of any kind Will
arise from intermittent or temporary un-
2o225. Recht VS. Giicktein Lake S. c.
Affirmed. Jordan, J.-When testing COM
plant by a demurrer, when the pleading is
otherwise sufficient. surplus words and
phrases may be disregarded.
2o1s5. Anderson Indianapolis. etc, CO.
Marion 5. c. Transferred TO A c.
APPELLATE COURT.
45SS. Watson VS. Adams. Clark c. c.
Reversed. Comstock, il. parol license
to cut timber, upon lands of another, which
has been acted upon and which is granted
upon a consideration that has been per
formed cannot be revoked. ?. Where the
time for removal of timber. in a contract OF
sale thereof, is limited, but there is no pro-
vision in the contract forfeiting the timber
upon the expiration of the time given, a
mere lapse of such time does not work such
forfeiture g. When the justice of case
clearly requires IL leave should be granted
TO file an additional pleading.
4713. United Brotherhood, etc. VS.. Dinkle.
Allen &. c. Reversed. Robinson, il
When a person becomes a member of an
organization with several objects in view
and contracts with reference to benefits TO
be obtained therefrOm he is bound by his
contract. Where monthly dues in an or
ganization become due and are placed on
the books for collection on the first of each
month the person assessed therefor has the
ment
1856 Indiana, ETC., Insurance Company VS..
Bender. Marion S. G. Affirmed. Roby, j.
l. A contract of agency and bond securing
the principal against losses on account OF
the agent must be considered and construed
together. 2. A bond which provides that:
"In consideration of the foregoing appoint
ment Of, as agent and of the
compensation to be paid said agent under
the foregoing agreement We undertake and
agree to and with said company that said
will faithfully and fully perform all
engagements and agreements In the fore
going agreement and hereby
said agent for the full performance of all
said agreements" is contract of surety
ship and not of guarantee. B. Where an
employe has been guilty OF criminal con-
duct, or conduct implying moral turpitude,
in the employment on account of which
bond. for his faithful discharge Of duty is
about to be taken, the employer and obligee
having knowledge thereof il is his duty to
disclose the past malpractices of such en-
ploye in the course of the business to which
the guaranty relates, and IL such duty is
not performed the instrument so taken is
ipso facto Invalid.
1851 Godfrey VS.. White Allen C. c.
Affirmed. Henley, G. il. Where the record
of a domestic court of general Jurisdiction
is silent, jurisdiction Is presumed and
where a court of general jurisdiction is
cognizant of the matter in controversy and
of the parties its decree is binding upon
all other courts until it is reversed or set
aside by proper proceeding.
4754. Brunson VS.. Starbuck. Jay {. &.
Motion to advance granted.
5O2S. Tully VS.. Mullendore. Johnson c. c.
Dismissed
1896 Ashley VS.. Henderson. Marion s. c.
Leave granted TO withdraw transcript
1856. HUFF VS.. Clark. Monroe c. c. Leave
granted to file index.
5026 Zarina VS.. National Bank. Johnson
G G. Consolidated with cause No. 5027.
43l9. Robards vs.. indianapolis Street Rail-
way Company. Marion c. g. Transfer TO
s. c. denied
1851 Indianapolis Street Railway Company
VS. Turner. Marion 5. G. Same.