The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-07-02
HOLDS COMBINATION
Is NOT ILLEGAL
Supreme Court Decides Gas
Company Can SellBy-Prod-
ucts to Only One Concern

ucts to- Only One Concern
According to decision filed by the
supreme court yesterday the st. Paul
Gas Light company has perfect right
to sell its entire output of coke to the
Youghiogheny & Lehigh Coal CON-
pany, to the exclusion of all other
would be purchasers.
The case came before the supreme
court on the appeal of Charles J. Ber-
ryhill, from the decision Of the Ram
sey county district court in his ac-
ton against the gas company and the
coal company already mentioned. The
ruling of the district court is affirmed.
The supreme court decided that by.
products of any concern are not sub.
ject to the unlawful combination
laws of Minnesota that might apply to
the principal products Of the same
concern. The decision was written by
Justice Brown and the syllabus is as
follows:
porat1on engaged in the business of manu-
featuring gas for use by the citizens of
st. Paul. The gas is manufactured from
sort coal, and one of the residual pro-
ducts thereof is coke. which the company
accumulates in large quantities. 1t is not
engaged in buying, selling or dealing in
coke or other like fuel. 1t entered into
a contract with defendant coal company
by which it agreed to sell and deliver
to that company all it's accommodations of
coke, and specially agreed not to sell or
dispose of the same, or any part of it,
to any other person or company. It is
held that as the coke accumulated by
dent, a by-product, resulting from the
conduct OF its principal business, the
agreement to sell it's entire output to
d snelv1 coal company was not an un.
any law of the state.
Order affirmed
Widows Claim Not Allowed
That the directors of mutual in
surance company have a right to limit
the payment of dividends to such poll
Icy holders as have paid their annual
premiums was decided yesterday by
the Minnesota supreme court. This
decision, written by Justice, Lewis, af-
firlned the order Of the Hennepin
county district court denying a new
trial to the plaintiff
The question came UP through an
endeavor on the part of Mary j. Petrie,
of Minnea polls, to recover from the
Mutual Benefit Life Insurance Com
pany of New Jersey $500 as the
amount of a policy which her husband
had been carrying since 1881 March
IS, 1901, he failed to pay the annual
premium of SOS due that day. Five
months later he died, before the pre-
MUM had been paid.
His widow contended that his, policy
should haYe been credited with a divi :
dend declared by the company dfrect-.
ors in January, 1901, and that such
credit would have carried the policy
beyond the date of his death. (
courts xha1d ,IaoWavor that fEic
dividend was payable only to policy
holders that had paid their annual pre-
miunas; that this Hnita ii on Svasswith inS
the authority of the directors, and that.
lacking a cash surrender yalaeSof suf S
hcient amount, the Petrie policy had
already lapsed when Mr.. Petrie died.
Eight other decisions were announce
ed, as follows:
Amy M; Brookhouse,, appellant. VS.
Judgment affirmed. Douglas, j.
Another Widow Loses
The appellant sued to recover $4,000
wflled to her husband by his uncle.
Samuel f. Pray, of Minneapolis, in
August, 1896, with the provision that,
in case any of the devisees under the
will died before payment was made
to them, and did not leave children Or
grandchildren, the bequest should be
paid to the testator's wife, Frances J.
Pray.
Mr.. Brookhouse was dead when the
will was made, although Mr.. Pray was
not aware of the fact. The two chill
dren of Mr.. Brookhouse died later.
without leaving heirs.
Held that in accordance with the
evident intent of the teStatOr to leave
his estate either to his wife or to his
blood relatives, the bequest should be
paid, not to his nephew's wife, the ap-
pellant, but to Mrs. Pray
The judgment of the lower court in
favor of Mrs. Pray was therefore af-i
firmed.
Must Try This Case Again
Bertha Steindorff. as administrators of
the estate Of Albert e. Steindorff. de-
ceased. appellant, VS.. ST. Paul Gas Light
Co., respondent. Order reversed and new
trial granted. Start, c. j.
Steindorff was killed by shock from
an insulated electric wire strung by
where he was working. The trial court,
which directed a verdict for the de-
PENDANT, held to have erred, inasmuch
as the questions so decided by the
court were questions of fact-contribu-
tory negligence, etc.-and should have
been decided by the jury.
Louis Ellington, as administrator of
the Great Northern Railway Co., appel
liant. Order affirmed. Start, c. j.
Action to recover damages for death
of Nieman, fireman, killed by fall
ing from Great Northern engine in
Polk county. Locomotive held to be
defective and contributory negligence
not shown.
The City of Winona. respondent, VS..
M. s. Jackson ct al, defendants, Fidelity
and Deposit Co, of Maryland, appellant.
The City of Winona. appellant. VS.. M. S. ]
jackson ct al, defendants, Fidelity and
Deposit Co., of Maryland, respondent.
Judgment affirmed in both cases.
Brown, j.
Stephen Bull ct al. respondents. VS..
Horace S. Rich, appellant. and Stephen
Bull ct al, respondents, VS.. Silas B. Foot,
appellant. Order affirmed.
Stephen Bull, Henrietta c. Fuller ct al,
appellants, VS.. Horace s. Rich, respond
emf and Stephen Bull, Henrietta G. Fuller
ct al, appellants, VS.. Silas B. Foot. re-
spondent. Order affirmed. Lewis. J.
Mary Ann Hughes. appellant, VS.. Ed
ward F. Mullaney and Mary Mullaney,
his wife, respondents. Judgment modi-