Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-03-28
Important Decisions
Compiled by the West Publishing Co.
of st. Paul, Mimi

compiled by the West Publishing Co,
of st. Paul, Mimi
SUICIDE NO DEFlENSE-The va
lidity of the Missouri statute Grew. st.
1879. $500, which excludes suicide
as defense in suits on life insurance
policies unless such suicide was con-
templated at the time application was
made for the policy. is upheld by the
United States supreme court in Whit
field vs. Hadley, 81 Supreme Court Re-
porter. 578, POS u. s. 4S9, 81 l.. Ed.
S95. 1t was suggested that the statute
merely encourages suicide, and Of
fers bounty therefor, payable, not
out Of the public funds OF the state,
but out of the funds of the insurance
company" But the court says that
an insurance company Is not bound to
make a contract which is attended by
the results indicated by the statute
If 1t does business at all in the state
1t must do so subject to such valid
regulations as the state may choose to
adopt.
REPLEvIN AGAINST BANKRUPT
The question whether replevin
against a bankrupt, after adjudication,
may be maintained to recover property
belonging to q third person. where
nothing has been done to obtain pos
session under the bankruptcy proceed
ings, was answered affirmatively in the
case Of Ayers VS.. Farwell. SO North
western Reporter. 35. The Massachu-
sets court held that the mere fact Of
the adjudication was no bar to such
action under the facts Of this case.
INSURANCE PAID UNDER MIS-
TAKE-A most unusual insurance
question was decided in the case Of
N. Y. Life ms Co. VS.. Chittenden, 112
Northwestern Reporter, o. A person
holding policies Of insurance with
rlaintiff company disappeared. and was
not heard of for several years there
after. After seven years had elapsed,
an administrator was appointed, who
threatened to bring suit on the policies
if they We're not paid. The policies
were finally paid. Subsequently the
missing person reappeared The de-
PENDANT brought an action against the
administrator to recover the proceeds
OF the policies. The court held the de-
cision to be res adjudicata on the rues-
ton OF the death Of the insured and
liability Of defendant.
AUTO AS HOUSEHOLD EFFECTS.
The United States circuit court Of
appeals for the second circuit in WILL
house VS.. United States, 152 Federal
{haN h31aS
come within the classification OF
household effects" under the tariff act
Of July "a, 1897. This decision is
largely based on the case of Arthur
VS.. Morgan. 112 u S. 495. 5 Supreme
Court Reporter. 241, % LAWYERS Edi-
ton 1926. wherein the United States SUI
preme court held that carriages were
properly classified as "household eff
fects."
TAX SALE OF PROPERTY OF
BANKRUPT.-The property of
bankrupt was sold for taxes prior to
the institution OF bankruptcy proceed
ings, but the title and possession re-
manned in the bankrupt. The sale was
set aside by the court on the ground
that the property was in custodia leg
is, and could not be affected by deed
issued without consent of tho bank
ruptcy court. In re Eppstein. 1856 Fed
eral Reporter, AZ.
CONVERSATION OVER TELE-
PHONE+The admissibility in evidence
of telephone conversation was con-
sidered in HolZhauer VS.. Sheeny, lO4
Southwestern Reporter. 1894 The at
torney for plaintiff. having ascer-
tanned defendants number from the
telephone directory, called UP and con-
versed with her. 1t was not shown that
he knew her voice or that he asked
her name. The Kentucky court OF APP
peals held that the subject of the con-
versation and the circumstance OF de-
PENDANTS answering at the number OF
her address were sufficient identlh-
cation to charge her as being the per-
son with whom the conversation was
had.
COMMERCE IN INTOXICATING
LIOuORS.-In Adams Express Com
panv VS.. Commonwealth Of Kentucky,
27 Supreme Ct. Reporter, COG, 2o6 U. S.
19e 81 L. Ed. 9S7, the United States
supreme court takes the position that
an agreement by a local agent OF an
express company to hold for few
DAYS c. o. D. interstate shipment
of intoxicating liquors, to suit the
Of the consignee in paying
for such liquors, and taking it away
does not destroy the character OF the
transaction as interstate commerce, so
az to render the express company
amenable to prosecution for violating a
state local option law This decision Is
based on the recent case Of Heyman
VS.. Southern r. Co., 203 U. s. 270, ~
snnreme Court Reporter, 104, 81 L. Ed.
178. and by it the supreme court re-
verses the decision of the Kentucky
court Of appeals to the contrary In ~
XIV. Law Rep 1895, 81 Southwestern
I'LL.
PRESUMPTION AS TO MAR
RIAGE.-The Missouri supreme court
in johnson vs. st. Joseph Terminal
Railroad Company. 1o1 Southwestern
Reporter, GAL, holds that the presump- |
ton Of innocence on the part Of par
ties to marriage contract, which pre-
sumption IS stronger than all counter |
presumptions In such cases, throws the
burden of proof on parties denying the
validity of the marriage, even to the
extent Of requiring such parties to
nrove a negative AS supporting cases |