The Montgomery advertiser., 1908-03-27

that the jury was not authorized to find from the evidence thas the de- fendant was guilty of wanton or in- tentional conduct was properly re- | fused. sF.
 IS Words and phrases: wantonness- wantonness consists in the doing of falling to do an act with reckless in- difference or disregard of the natural or probable consequences with the l consciousness from the Knowledge of 1 existing circumstances afN conditions that such conduct will probably result | in injury. but without intention to in- | fiict the injury.
 1T. Carriers wanton negligence; speed of passing cars--To run car at a high rate of speed on passing or | entering station where another car on the adjoining track had stopped or was about to stop to discharge pas sengers will support charge of wan ton misconduct,
 Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Affirmed. Opinion by Haralson. J.
 Tyson. c. J.. and simpson and Den son. J. J.. concur.
 CLEMM V. THE STATE.
 Grand Larceny -tDecided Dec. is.
 1s07.-45 South 212).
 Larceny: property of different per
 
 ticles of property belonging to differ ent persons are stolen at the same time and place the offense is single, and should be laid in one count; but the indictment should show ahirma- lively that the different articles be- longing to different persons were talk en at the same time and place.
 Appeal from Jefferson Criminal Court
 Heard before Hon. Dan A. Greene.
 Reversed and remanded. opinion by
 Hsraison. simpson and Denson. J. J.. concur.
 wooDALL & SONS V. PEOPLES NA-
 TIONAL BANK OF LEESBURG. VA. Ags,n npsit.--(Decided December 1S,'
 1907. .45 So. Rep. 1so)
 l.. Corporations; foreign corpora tions; what constitutes doing business A foreign corporation may institute a suit in this State without having place of business or agent within the State. and the act of suing Is not an act of business under the statute; nor Is the drawing of bills of exchange by such corporatlon on a drawee within this State an act of business or the transaction of business under the
 q Bins and notes: joinder of causes of action thereon.-Under the provis- ions of Section 3292, Code 1Ss6 bills or exchange or drafts like as to amount and drawee may be joined Tn one count.
 3. same; bills of exchange.-A writ ten order drawn on another for a sum certain payable to the order of the drawer and chargeable to the account of the drawer, Is bill of exchange.
 1. Same; plea to; sufnciency.-A plea by the accepter to a suit by trans ferree of bill of exchange asserting that the acceptor was induced 70 ac- eept and sign the same through ana by the fraudulent representations Of the payee Is good defense, prlma fa- cle. and puts the transferree to his re- plv of a bona fide purchaser for value before maturity and without notice.
 s. Same; bona fide purchaser.-The purchaser of a negotiable instrument takes the same free from defenses available to the original parties where the purchase was in the usual course of business. for a valuable considera- tion, before maturity and without mo- tice of the defense.
 G. Same; usury in transfer.--The fact that the transfer was for con- sideration at a discount greater than the usual rate of interest, although the transferer may have endorsed if. does not 1CUIlNG InC tldhSACAN0 S@ - #'-tN%+ " exchange of the protection of being bona fide purchaser, since negotiable paper valid in the hands of the ortgt- nal owner may be bought and sued on as any other chattel at its real or sup posed value.
 |. Same; burden of proof.-The ac- ceptor having set up by plea that he was induced to sign the acceptance by the fraudulent representations of the franGfarFAn having re- piled that he was a purchaser for value before maturity and without notice, the burden of proof Is on him to show that the bills were purchased by him before maturity and for a valuable confider- ation. and when this is done the bur den shifts to the other party to show notice of the infirmities.
 8. Witnesses; competency; knowl- edge of facts.--A witness with no per sonal knowledge of the transaction testified to. but whose knowledge Is derived from book entries not made by him nor by anyone in his presence is incompetent to testify as to such facts.
 g. Evidence; admissibility.-Where the defendant, sets up fraud or misrep- resentation in the procurement of his acceptance of certain bills of exchange and the plaintiff replies that he is purchaser for value without notice be- fore maturity and proves his purchase for value before maturity. and defend- ant fails to show such actual knowl- edge or notice to the plaintiff of the nfirm.ties in the bills of exchange, ev- idence as to the fraud or misrepresen- tation Is not admissible.
 Appeal from Chambers Circuit Court.
 Heard before Hon. s. L. Brewer.
 Reversed and remanded. Opinion by Haralson, J.
 Tyson, C. J.. and Anderson and Den son. JJ.. concur.
 STEPHENSON HARRIS, ct al. Bill to Set Aside Foreclosure Sale-- Decided Dec. 1s, 19O7.-45 So.
 Rep 196.)
 1. Mortgages; setting aside fore closure sale for misdescription: The rule being that a mortgager is respon- sible for a description of his property conveyed. and that the mortgage will be construed most strongly against him, foreclosure sale of land under mortgage will not be set aside at the suit of the mortgagor, on account of a mistake in the description of the land in the decree of sale. where the description in the decree followed that in the mortgage.
 9 Same; Iaches. A bill filed more than seven years after thes date of sale for inadequacy of price. Where by laches, especially where no o> ob- jection was made to the confirmation of the sale.
 B. Same; setting aside foreclosure sale for inadequacy of price. where the bill which seeks to set aside the