The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-21
NOTES FOR LAWYERS


Officers of a corporation who secure sub
scriptions to its stock by fraud are held
in Mack VS.. Latta IN. Y.) 81 l.. r. A. TO-
to he properly Joined in an equitable SUIT
against the corporation to enjoin collec-
ton of the amount unpaid and to secure
the return of what has been paid upon
the subscription.
Conditions on the back of a void pass
are held in Mcneil VS.. Durham & c. K.
Co (N.C.) 81 l.. r. A. 227, to be without
effect upon the rights of the person who
is attempting to use it for transportation
A carrier transporting freight on plat
form cars to a station where it maintains
a freight house. but no agent, is held in
Normile VS. Northern 2. r. Co. (Wash)
GIL. r. A. 271, to be obliged to place the
freight in the house in order to relieve
itself from liability for freight lost
through theft, unless it shows that 1t is
not able to do so.
A residuary devise to testator's widow
Is held. in Waldron's Petition Or. l. 81 L.
r. A. u.s. not to pass title, as against his
children, to a.~burial lot upon which men,
bers of his family are buried. The char
acter of estate or property of owner In
burial lot is considered in note to TINS
case
In the absence of proof as to the law of
another state by which contract Is to
be enforced, it is held in Cherry VS..
Sprague (Mass.) 81 J.. r. a. 30, that the
common law, and not the statute law
of the state where the suit is brought
will be applied.
A lease by a corporation, engaged in the
business of generating and furnishing
electricity for public and private use, to
rival cooperation in the city, for a period
of ten years, of machinery and appliances
used In generating electricity, by which
II obligates itself not to engage in such
business in the city during such period.
and not to dispose of any of its property,
machinery, or appliances retained by II
for producing or generating in such city
electric light and power, is held, in neene
Syndicate VS.. Wichita Gas E. L. & p. Co.
(Kan.) 81 L. r. A. 81, to be in contraven-
tion of public policy and not sufficient to
sustain an action to recover rents by the
lessor or its assignee.
Where the same five persons compose
both the directorate and the body of the
stockholders of corporation,. 1t is held.
in Crichton Webb Press Co. Ua1 81
L. r. A. 76. that two of these persons
cannot, by joining with third enter into
their own salaries, or vote allowances to
themselves, over the protest of their two
other associates.
Taking up court records from the place
where they have been laid. and walking
away with them with intent to destroy
them. are held, in People VS.. Mills IN. "
az r. A. 1871. to render one guilty under
a statute making the unlawful removal
Of such records a crime, although they
were taken from the place where they
had been put by authority of the district
attorney for the purpose of detecting de-
fendant in the commission of the crime.
The fact that person other than the
wrongdoer as a mere gratuity' pays to
ona injured as the result OF his negligence
sum equal to the amount he would
| have earned had he been able to work
during the period of his disability Is held,
| in Nashville c. & st. L. X. Co vs.. Miller
(Ga) 81 L. r. A 81, not TO mitigate the
damages due by the wrongdoer to the IN
1ured party for lost time. The subject or
mitigation of damages for personal IN
fury by fact that injured person mas re-
ceived from scne source other tnan the
wronedoer iper.Iy because Of the injury Is
treated in a note to this case