The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-03-01
Z 0IIDT
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case that the said william =. row.
Ter violated the said agreement With
the defendant by causing the said
notes to be discounted and theI
amount thereon placed to the credit
OF the said Southern West. Virginia
Coal Company without the endorse
.ments Of all the persons aforesaid
and without all Of said persons hay-
ing signed the said contract in ac-
cordanee with the said agreement
then the jury shah find for the de-
fendant
The supreme court did not con-
slider this a good instruction, asI
shown by the following: PLAINLY.
this Instruction assumes that the
knowledge which Fowler had of the
agreement that the notes were not.
to be delivered until the proposed
endorsements and signatures were
obtained was notice to the bank Of
which he was president. was the
trial court justified in thus ASSUME
ing as matter of law that notice
to Fowler was notice to the bank?
It does not appear that the exclu-
sive management of the bank had
been committed to Fowler"
Where a husband voluntarily
transfers property to the wife, 1t
will be presumed the transfer was a
gift. A trust in favor of the hus-
band will not be presumed. That
can only be established by clear evil
dence," said the supreme court, in
an opinion written by Judge Robin
son in reversing the decree of the
circuit court OF Mcdowell county,
and entering decree for the plain
tif in the supreme court, in the
case Of Barbara Efler VS.. b. b.
Burns etal.
..y-Isn. 1900 John Bfler conveyed sew
eral tracts of land to B. b. Burns,
Barbara Ether, the grantor's wife,
Joined in the conveyance. Burns
was to hold title and convey to
other parties as Efler should direct
AT the direction of Efler, Burns ex.
ecuated title bond to Barbara Ell
Ter, the wife. The bond recites a
consideration of $500 cash and
$500 represented by note. The
note, payable, to Burns. was after
wards endorsed by him as paid, and
returned to Barbara Efier. Not
withstanding, the title bond for the
sale of the land made to Barbara
Efier, Burns, subsequently con.
tracted to sell the same land to an
other, claiming Efler directed him
to do so. This later contract was
assigned SO that it came to the Tug
River Coal and Land Company.
About this time Efier died, leav-
ling a widow and heirs. "The coal
and land company" says the su-
preme court opinion. evidently had
notice; of the equitable right of Bar
bara Efler.s though the title bond in
her favor was not recorded; for she
Joined in a conveyance Of the land
made by Burns and wife to that
company. Burns received the
money, paid it into bank, and
claims no right to it. The question
that arose, however, was whether
the money belonged to Barbara Eff
Ter or to the estate of John Efler.
The court below decided it belonged
to the estate. From this decision
Barbara Emer appealed, and is
awarded the money by the higher
court. No attack was made in be-
half of creditors on the transfer of
the land to the wife. The court
held that Barbara Efler, who was the
beneficial owner of the land at the
time she Joined in the conveyance
to the coal and land company was
absolutely clear.