Show t 4 4 t Cas of 1 i Interest t 1 I It f t i k t H 1 Seat Set Jn ja N w w York Stock Ex changa A seat peat ia In York stock exchange e an is s not no t pt personal Je nal l prop property pro property p pet erty et within th laws of c 1 It 8 I II defining personal pr al property foe for forthe Te he pur par I I pose pS of taxation This point pint is de tie decided I clde in the te case cs of people ex cx e rei rel reI v ner 60 0 Northeastern Reporter The he court further holds bolds MIls that it is i not n able to a I under section set 7 providing that al a a property of a nonresident shale shall ne taxed tax to tot the extent as it if owned by bya y ya a fert is also ali held that the value of ot the seat st is capital cpi I invested in business but is not taxable as the taxing statute does doe not cover coV r it I Contributory Plaint itts ifs decedent 11 1 years of Ot age age was wag driving a wagon loaded loade l h lum hum lumber lumber ber her Plaintiff was wa driving a similar simlar wagon waSon Immediately ly in advance advance At a alog jOg log In the ty y there ther waa was a a cul cut culvert vert ert with wit an alleged drop of six inches from rom the te top of the roadbed Decedent was run of o oer er and killed at this spot No one ne saw sw the accident rt and an plaintiff alleged that the boy was wa shaken from he the wagon by reason rean of oft the ti drop Plaintiff had noticed the te defect def ct on crossing the culvert a short time be before before before fore fore but forgot to warn the te boy by Th court curt holds that the failure the father to notify his son of the danger dangerous ous OUR condition of the te road did not ren render rend tier der d r him guilty gUy of such contributory negligence as would woud prevent a recovery recovery ery of ot damages for tor the te death d al of f hie son Miller Milr v Meade lEde Tp 8 81 Northwest ern em Reporter 13 Action Acton for Dec facts nets pre presented presented rented in the case c of f Jones v Y Stew Stewart Stewart Stewart art art 87 8 Northwestern Reporter 12 are most extraordinary Defendant owned property on which was a mortgage of 2000 He proposed to plaintiff to transfer to him this property subject to ta t the mortgage provided plaintiff would sign ign without reading thorn them two papers which defendant presented pres to him Plaintiff secured a written in instrument Instrument Instrument strument from the defendant that there was nothing contained conta n d in p he the theo t papers which would subject him to criminal liability or draw upon him public ignominy Ign or disgrace ad and then thea th signed the instrument placed before him One of the papers was a check in favor of defendant for which h it appears plaintiff had hadon on deposit and had forgotten about After two years plaintiff sold the real estate realizing from the sale just sufficient to pay the mortgage Hen lien upon it Later he discovered d the na nature nature nature ture of the paper he had assigned to the plaintiff and brought an nn action to I recover the money The supreme court courto of o Nebraska decided de against the plain plaintiff plaintiff plaintiff tiff on the ground that where persons are dealing with each other on equal terms and no confidential relations ex en exist 1st between them one is not bound to disclose any an superior information which he ne may have Dave respecting the transaction and an in the absence of fraud or deception n to induce the tract the court can afford relief The law presumes every ev ry nan Tian capable of taking care of his own Interests and his poor judgment or unfortunate trades cannot form m a basis b sis for r inter interference interfere Interference ference fere ce by the rt Examination of Books Bo ks by oy Tax Officers The of the coun county county county ty assessor to to examine books b and papers for the of listing and anda assessing a property for tor taxation tation is up p held in the case of Association v state 60 Northeastern Reporter This right Is given by b Burns Rev Re St t Ind md 1894 put but ut it is contended that such pro provision vision Is 18 unconstitutional under the prohibition against unreasonable searches The supreme court of In Indiana Indiana Indiana diana overrules this point however I and amI holds that mandamus lies to com corn compel compel pel pet the bunding association to permit such examination n and that the exam examination may properly extend ex end back to the time of the fhe enactment of the thO stat statute statutE statute ute Pledge PI of orb Certificates rt tl f S z iy Ad Administrator Administrator An administrator br b r rowed money in his individual ca tin a paucity P C giving a security certain certin tin fain mortgages and as additional se GUrity he be d to the defendant a 8 certificate ef if stock which came into his hI possession lon as executor He represented represented represented that the money was borrowed for the purpose of paying debts against the estate and part of the money was I actually so expended The court holds nevertheless s that he may J Y maintain re replevin replevin in his official capacity to re Ie recover recover cover the stock st In n view of f the fact that the was as borrowed in ills his individual capacity cap eity The court earn com comments ments upon the fact that hat the tranae transaction tion bears beers the marks of being unconscionable but as no equities were i ore ere sug suggested su suggested the action was waa purely one at law Jaw The case is Parks v haupt 65 Iii Pacific Reporter R Liability of Charitable Institution for Injuries to Patient It is contended by bythe bythe bythe the plaintiff in the case of or Powers vs n Massachusetts f Homeopathic hospital i Federal Federi Reporter that the in 10 institution institution is 18 liable for fOl Injuries which she received ree while a 8 patient and end which 1 resulted from fro th the negligence of o a nurse The circuit court of appeals for the First circuit holds that as the hospital was a charitable corporation there can be no recovery although the plaintiff was a pay patient The court points out that in institutions of this kind the thet payment made does not make full pecuniary compensation for forthe forthe forthe the services rendered but that the fact of payment or nonpayment non lt centrals merely the nature of the service ron ren rendered dered tiered Rules of Decision in Federal Courts I It has been held by the circuit court for tor the northern district of New York that an orderly administration of or the law requires the circuit court to fat fol follow low a 3 decision of the circuit court of ef appeals of another circuit in the theal ab absence absence sence nce of conflicting authority and when the question is IB prompted presented pre on OJ precisely the same state of e facts The case cue is en entitled entitled titled little Hole vZ VS H and is 18 found reported in Federal Reporter zis I I Representatives This T is phrase trase as used in life poll poli policies des cies has been construed by the su Sn supreme preme court Ourt of New York in the case of Leonard vs f 71 Tl Ne New York i Supplement The testator te be bequeathed bequeathed bequeathed to his wife an Insurance pol policy policy icy which by its terms is 16 payable t this to te his legal r pre M ar assigns The court decides that the proceeds proceed of the policy go tp the wife and ud not Rot to tot the t e executor Testimony a as to Transactions With An interesting decision has bas been made by the supreme court of Texas in the case c of ot Sanders vs ViI Ker his hie 63 62 Southwestern Reporter Re in regard to the competency of witnesses to w testify as to transactions with dece dec decedent decedent i dent The Revised ed Statutes prohibit I either party in an a action by or against an executor from testifying to t any I transaction with or statement of de deceased deceased ceased unless called by the opposite party The suit was brought by plain plaintiff plaintiff tiff to set aside her h r fathers will which ch she contended was obtained through the undue influence In of her brother J Two other brothers W and aDd S re refused refused fused to join the plaintiff in the suit and were consequently made defendants defendants On the trial they offered to tes tee testify testify as to certain transactions with the decent tending to show that t t the will was obtained by J T by undue influence The Th supreme court holds that th t this evi evidence dence denee should have been admitted The court holds that as W and S were beneficiaries under tile the t will they were necessary ry parties to the proceeding to Invalidate it that th t they refused to at attack attack I tack it and arid were ere therefore necessary I defendants and whatever may have been their feelings their relation to the Issue was wa that of parties opposed to the appellant The court says We Wedo Wedo do not speak of cases of collusion in which a party really a plaintiff in in interest Interest terest Is made a defendant In Jn order to evade the statute It would seem however that the th danger suggested by bythe bythe bythe the court is a grave one ens and the way is made easy for the perpetration of ot fraud by this decision Department Stores Liability for tor Dental Malpractice The court ourt of ap peal of New Nw N w York has bas recently da tin kled eide in tirE the oas ef of Hannon flannon vs VB SIe Sta r company 60 Northwestern Reporter 6 7 that where the th defendants defendants in the case ease mode m de representations to the plaintiff on which she relied that t at they were conducting a dentist In n their store and she be because because cause Caule of these representations hired the in the store of the de defendants defendants a with no knowledge that the business was conducted by another in individual the defendants were responsible responsible responsible sible for fer the acts of the dentist who treated the plaintiff even though the third party was as a matter of fact the real owner oT df that department of the defendants store The court fur further further further ther lAys gays that the plaintiff had a right to rely sot t on on the that the would employ employs a skillful as its servant serva nt but also alee OR on the fact if tf the servant ep 01 Skillful ski t Tor guilty g of 0 shy i malpractice she had a responsible par party party party ty to answer in Ia damages Police Pollee Power A city ordinance making it unlawful for any person parson to have in his possession tee po lon a lottery ticket has bas been construed by the supreme court of or California in the case entitled ex en nOO 86 66 Pacific c Reporter 69 lit te t V embraced within the constitutional Pal authorisation 1 ilon empowering cit cities ies los gad and to ta make and enforce ouch auM local and sanitary regu regulations regulations lations as 8 are re not m In conflict with gen genera en era laws and to be he not an unreason unreasonable able exercise of such police pollee poll e power It was contended that the law Jaw was un unreasonable reasonable In that It made the mere possession an offense Contempt of Court Another phase of tSi tt controversy between Judge Noyes Noy and the circuit court of appeals s over the Alaskan gold mines appears appt ars in the case ease entitled in re Du bose hose Federal Reporter in which Mr Dubose Is sentenced to six months imprisonment for contempt of court for counseling disobedience of ofa an aJi a order of the circuit court of appeals The court upholds the right of an at attorney attorney torney to advise his as to the validity of an s rd of ot court and his advice to the effect etlee that such order is Illegal If given In ingo go df faith th wilt not render reDd r bJ Habla for contempt because e of an as a error la hi W t But BlIt tb u the further farther says that w wherE her an ay ap a appeal I peal of an order made by an r has ha been regularly allowed lQ a higher court ourt and all proper steps are aro a I taken resulting in the issuance filing 1 and serving in the lower court of writ of supersedeas the higher hilther court cou hag hae properly Jurisdiction and andone andone one who with kno knowledge ladge of these thele facts counsels disobedience to its rose com commands mends mands is in m contempt of court T court is now no considering the J jUdges own case ca e Prior proceedings pro t the same parties will ill be found in iN 1 Federal Reporter Right Bight to Encourage 8 of Crime The supreme court of f o Georgia in the case cue of Dalton T state 39 D 3 Southeastern Reporter holds that when one is informed tt another intends to commit an otte offe against him the law permits penults him bim to So afford opportunities for its comm command and lay traps which may result in m I detection of the offender To this e ehe he may employ another to act with t h intending criminal and be bt present him at Rt the time the crime is ia to to committed If the intending criminal does acts which would constitute con Ht offense ne ite will not be b protected frem fr frs punishment by reason of the fact tact t tat at the tithe time the act was performed perfo another who was u theta there with knowledge consent and approval eIt ed edthe the victim and even by bP his direct ee en ea aided him and encouraged the M perpetration of at the crime c Misnomer It has been held by fe feNew New York courts in the case e of Li Liv Liec v Kraus 71 New York J 1022 that where the schedule of ot oe bankrupt described a Judgment de deas as Liesman Lie man and bis hi real name te the discharge of the bank bankrupt ba rupt did not release the debt as agai Liesum Li Um |