Omaha daily bee., 1909-07-18
SUPREME COURT SYLLABI

1882. Wayne County against Bressler.
appeal from Wayne. On rehearing, former
opinion vacated in so far as 1t hold that
the Nebraska Land company is an invest
ment company, and judgment of district
court reversed. Letton. J.
l. A domestic corporation formed for the
whole capital is invested in land, is not "an
investment company under section 56 of
me revenue law. Section 10,955, Annotated
statutes, 1907.
2. 1t is the duty Of the holder OF shares
or stock or Joint stock or other companies
10 list the same for assessment, when the
capital stock OF such company is not as
sessed in this state" Section %, revenue
law, 1887, Annotated Statutes, 1907.
1873. Sunderland Roofing and Supply
company against United States Fidelity
and Guaranty Company. Appeal from
absent and not sitting.
l. A written statement made by an en-
ployer to a bonding company to the effect
mat The accounts OF applicants cashier
nave been examined upon a certain date
and were found to be correct, with cash
ana securities on hand to balance, which
statement is intended to, and does, enter
into a contract between said parties, In
Identifying the employer against said
cashiers dishonesty and induces the ex-
ecution thereof, is in the nature of a war
ranty, and II false, in a material part, will
defeat recovsry on the bond for the de-
hnquencY OF such employee.
1875. Taylor against Illinois Commercial
Mems ASSOCIATION. Appeal from Colfax.
Affirmed. Root, ].
/. II an incorporated foreign insurance
company. as a defense in an action upon
one OF Its policies, pleads that the return
OF the sheriff that he served process upon
Its agent, is false, for the reason that the
person named was not and is not It's agent,
and plaintiff in her reply denies those
allegations, the burden Is on defendant
to negative the agency OF the individual
upon whom the process was served.
2. Defendants evidence negattved the
fact that it had agents in Nebraska for
specific purposes, but did not deny that the
individual designated in the sheriff's re-
turn as Its agent, had not performed such
acts as under section 6,40, Cobbey's An
notated statutes, would constitute him It's
agents. The court, therefore, did not err
in not submitting said defense to the jury.
g. The policy provided that II the as
sured changed his business or vocation, he
must Immediately send the secretary OF
the company written notice of said fact,
and that unless the board of directors con-
scented to such change, the policy upon the
tenth day thereafter would cease and de
termine. Held, hat the change referred
to meant the substitution of one business
or vocation for the other, as the usual
business or vocation of the assured, and
did not refer to a casual or incidental re-
sort to other activities for thirty days,
where the vocation described In the policy
was not abandoned, and 1t was undisputed
that the assured expected within a rev
DAYS to continue his usual vocation.
No. 1869. McElroy against Metropolitan
Life Insurance company. Appeal from
Cass, Affirmed. ealkins, c. Commission
er's department.
/. Where the parties to an insurance con-
tract ore In different jurisdictions the place
where the last act is done which is neces-
sary to the validity of the contract. is the
place where the contract is entered into.
q Insurance business transacted In this