Omaha daily bee., 1912-01-08

a direct and immediate benefit on a land
owner within the dictrict, cannot operate
10 relieve his land OF its fair proportion
OF the common burden
g. The fact that an exact measurement
/ OF the benefits which may accrue to lands
/ within drainage district cannot be as
certained with mathematical accuracy
/ ntil after the completion of the scheme
| does not render the damages so specula-
| tive aud COnjectural TN their nature as to
| be impOssible OF ascertainmCnt before the
/ Improvement Is made.
10. Evidence examined and held suffi-
/ Client to sustain the findings and iudg-
ment OF the district court.
liflG Goff against Supreme Lodge Royal
| Achatos. Appeal from Douglas. Affirmed,
! Fawcett, J.
/ /. In constituting a contract of insurance
! I'm fraterna beneficiary association, for
the purpose Of detCrnnning whether the
statement made I'm the written application
! therefor were intended to be- representa-
! tiOns or warranties. the court VIII take
| into cOngidcration the situation OK the
parties the subject matter. and The Ian
guage employed, and will cUnstrue a
statement made therein 10 be q warranty
only when II clearly appears that such
was the intention of the contracting par
ties and that the mind Of each party
consciously intended and consented that
such should be the Interpretation Of his
statements. Aetna Insurance company
against Simmons, A. Neb.. Sl1
2. And IN order that the statement in
such application shall constitute a de-
fcnse to an action upon the certificate OF
membership or policy of insurance, issued
to such applicant, II is incumbent upon
the association to plead and prove that
the answers were false I'm some particu-
lar material to the insurance risk, and
that the association relied and acted
upon those answers. Ibid
3. A contract between an adult man and
woman, not related to each other, that,
IL the latter Will enter the home of the
former and act as his housekeeper he
n 10
her his estate, Is not, where the relations
between them are at all times moral and
proper, forbidden by law or obnoxious
to public policy.
4. Where q woman, who is without
means. in good faith leaves her home
and work and assumes and for years
faithfully performs the duties of a house,
Keeper for member of fraternal bene-
ficiary association, not related to her by
consanguinity, under an agreement that
in confederation for such services he will
support her, and at his death leave her
his estate, and no evidence is offered
showing any improper relations between
them, held that she thereby becomes a
dependent upon such member, and as such
Is eligible as a beneficiary I'm a certifi-
cate OF membership, issued to him by the
association of which he is a member.
16S49. Taylor against Harvey Appeal
from Scots Bluff Affirmed. Rose, j.
]. Under the revenue laws of Nebraska
general taxes on real estate do not be-
come lien thereon until October l Of
St, ch. n, art. J., sec. II.
2. In warranty deed a covenant
against membranes is not broken by
grantor's non-payment of taxes which do
not become a lien. on the land conveyed
until after the deed Is executed and de-
llvered. . .......--.-..,.. 80.
1925; Lowe against Keens. Appeal from
Buffalo Affirmed. Rose, J.
1. Where defendant goes to trial on
the issues raised by the pleadings as
whole without attacking the reply in
any form on the ground that 1t is incon-
sistent with the petition or that it
held on appeal that he waived those OBJ
iections.
.. In a suit on subscription obliRatlng
defendant to pay one-fourth of the
cost OF the nave of a church edlfice,
plaintiff under proper pleadings. may
prove facts showing defendant was
estopped by subsequent conduct and
statements from urging the defense that
the entire building, including such nave
and the chancel, was constructed at one
time, instead of the nave alone, con-
templated by the subscription and the
original plans.
3. The cost of a nave constructed with
the chancel and other parts of church
edifice may be shown by builders and
contractors who are competent to testify
to separate Items comprising the total
cost of the entire structure and to the
proportion and amount attributable to the
nave.
! L. In an action at law excess in the
amount of the recovery should be called
! to the attention of the trial court by
/ the motion for a new trial to make the
error available OF appeal
! lG5SS Antelope County Bank against
| Wright. Appeal from Antelope. AZ
| firmed. Sedgwck, J.
The holder Of promissory note for col
! lection may maintain an action thereon
| In his own name II the note is duly en-
dorsed by the payee named therein.
1859. Sibley q Davis against Rod
gers. Appeal from Antelope. Affirmed.
barnes, j.
!. " here the statute of limitations is
pleaded as a defense to an action on a
| promssOry note, and that question Is sub
mitted to- the jury upon conflicting evil
/ dence, under proper instruction, a court OF
review win not disturb the verdict.
?. Where a defendant pleads a total fail
ure of consideration as a defense to an
action on a promiSSory note, and his evil
dence at most tends. to prove only par
| tial failure Of consideration, IL is not
error 10 refuse to submit that defense to
/ the jury, ....
| 1881 Armstrong Clothing company
against Boggs. Appeal from Lancaster.
Affirmed. Barnes J.
!. Ordinarily, Il father Is not liable to
| pay for clothing, purchased by his minor
! son. But where such purchases are made
with the fathers knowledge and consent,
and his conduct is, such that the seller
may reasonably infer that the father au-
| thorized them, he may be held liable
| therefor.
2. An account kept by a tradesman I'm
a book called a loose leaf ledger. shown
! to be his book OF original entries, and
which contains many successive charges
against the defendant at the time The
| transaction occurred, upon being prop
! erly verified as provided by section $40
OF the civil code. may be admitted in
evidence as a book account.
l,U57 Caster against Estate OF Caster.
Appeal from Cunning. Reversed and re-
manded with directions 10 affirm the
! Judgment of the county court. Root, j.
| l. Reconciliation between and renewal
Of co-habitation by husband and wife
win abrogate articles of separation there
tofore executed by them
Q Section OF chapter %, Compiled
Statutes, which provides in substance
that unless a surviving spouse, within
one year after letters testamentaary are
issued on the estate OF a spouse dying
testate, files with the county judge a
written election to inherit the deceased's $
estate as though he had died intestate
the survivor shall be deemed to have con
sented to take, under the will and no
under the law, will not prejudice an it,
sane spouse for whom the county judg
has made no election. ..-..,
3. An oral demand by the guardian az
litem of an insane widow made to tn
county judge at the time the decree @
distribution Is entered IN the matter OF
her deceased husbands estate, that she
should receive a share Of the estate az
though the husband had died intestate, d
approved by the county Judge, constitute
an election for her by him and is suffi-
Client TO sustain her right under the law