The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-05-10
NOWATA CASE WAS
HAlF-AhOrRAlF
Insurance Companies Get No
Benefits From Two Con- XII
siructI0n Policies =

The supreme court this morning
opened the May term and handed
down large number Of decisions.
In the case Of H. s. Emerson, adj
rlnisirator of the estate OF Joseph
D. Morris, deceased against Mary "A.
Botkln, the court affirms the judg-
mont Of the district court for Lincoln
county The woman entered the em-
ploy OF Emerson in November 1907,
and remained with him until March
8. 1906 the time OF his death. She
iut In claim for 81 week for serv-
ices as housekeeper The court says:
IAN express contract for services TO
be rendered by woman for man
aa honsekeeper and servant IL valid
and enforceable although the parties
entering into It live together In q
state OF concublnage during the time
the services are being rendered, un-
less the contract was made in con-
temptation of such Illicit relationship,
and In a case whore the claim for
compensation is based on contract
and grows out of the lawful services
actually rendered and no part OF tho
same has reference to the meretric-
ious relationship existing between the
parties the same Is enforceable"
The decision Is by Chief Justice
Dunn
.Nowata 10 a Draw
Justice Dunn reversed In part the
decisions of the corporation commits
SION in the famous Nowata depot and
stock yards case. The commission
necreed the removal of the stock
pens frc-1 the old site. Nowata grew
from u lage TO city and the stock
pens remained In the center, being
iE one block Of the business district.
The st. Louis, Iron Mountain and
Southern railroad company was or
dered to remove the yards and 10
build yards elsewhere of train load
capacity and TO build new depot on
the side of the old one. The court af-
firms the order so far as moving the
yards are concerned. but says the
commission apparently acted Without
evidence In ordering train load yares-
Only ninety-fiye ear loads OF cattle
were handled I'M year before the or
der. In regard to the depot the road
offered to remodel an old station and
make It clean aud commodious. The
court orders that the road be allowed
10 do this and vacates the order Tor
Il new depot until default In the propo-
sltion Is shown. M sc
in the case of the Capital Fire In
surance company against John y. Car
roll and others, " held: f4
III language In an insurance policyil
is ambiguous and susceptible OF Two
constructions. one OF which will give
ltbe policy effect, the other render Il
/ void al the time OF Its execution,
that construction should be adopted
which will make the policy effective
The case came from Pittsbufs
county and Is affirmed. 81. s.
Sell Won Contest m s.. .s.tl.
BeIl Burdett, widow Of Mcintosh
county, has won signal victory over
several contestants for life insurance
finds IN her husbands estate. Tue
estate altogether worth about S6ov-
600. Mrs. Burdett had one lawyer
aud he won all the way up The oln'
ar side had q corps Of lawyers Inc
court upholds the probate findings
Of the old Indian Territory courts IN
regard TO the widows dover. Policles
of insurance left we're personal prop
/ ertv the proceeds OF which, II not
otherwise disposed Of By Burdett. so
In, his executors as part OF the estate,
subject to the Widows dover the
widow renounced the will and put n
her claims under the general taW'
The opinion IS by Justice Turner.
Bank Case Decision
question involving the ,liapnlty ~
lnanks in collection was decided. "
the matter OF the Bank OF Big Capin
ve q. English, appealed from Crais
county which was reversed ana re-
uanded A bank in another st ate nVe
in correspondence with the Big eaD'
In, hank turned over the money IA
ouestion TO another bank wnicn ia'S
Iad. The court holds: -
Ii "The credit given the plaNFni y
hre bnnk under the circumstances ol
fnis cnse may be charged back TO nlli
"a ease Of the inability ef the oanN
lto collect the money necessary y
maize the deposit good, unless tne
bauk has been negligent In It's uaas'
~ exercise ordinary care and uIir
gene 10 make the collection
Some Minor Decisions ,.nu.
81 Louis q san Francisco hail"e
ca ys ]. 3. Cox. Bryan county.
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