| Show UEA1JNfiAT CARDS Held to Be Larceny in WashingtonAn insurance Case Criminal Offense to Obtain Board by Fraud in Alabama Ala-bama Misspelling of Bankrupts Name Does Not Release Him Prom indebtedness Whore In a game of poker money la obtained by 1 ono nliiycr from another through n trick or through fraud tho Su urcmc court rtf Washlngton In the case of Stato vs Skllbrlek GS Pac Rep D3 > holds that the patty uo obtaining the money Is guilty of larceny In other words the Supreme court oC Washington will take cognlznncu of cheating at ourdu Uml will puniuh thy person conducting1 a I I fraudulent game The qucutlon uroao on tin following facts Thomas Daley IL country boy while In the city of Seattle Was met by a straiiijor named Andrew Summon After soino onvcrHulloii about Wisconsin where bale had onco resided and where Samson nho clulmud t6 haVo lived they went to a saloon and begun a gunu of poker with two other men iOn ono deal 111 cards were mucked so that one man hold four tens Daley four iiuccns ond u third man four ItiugH Sumsona hand being of no vultii io tlnew It tiHldc mul ailor pcrsuudlug Dti Icy to dhuW linn lilii Iiind ndvlsid him to 1 but nil lit could AVhon the money I amounting to 5il wart all on tho whIt und Uiu cards displayed Sa moon grabbid the money und ho mini with the four I kings J took It from him All then niipu ritud und Dale procured Ibis arrest of the men on lho giound of larceny On Iho trlill the defense wits tluiL the crlmo if larceny wan not estiibllahed because Daloj engaged In tin gama of curds lo win or lue and allowed bin money to be tiiken from iho table without objection as lie bad lo jt lb Jet But the court held Hint the defendants were guilty BU > big In pint There call Uo no other con cliiBlon from the evidence Inthc cane than that ii Niger Samson und the appellant appel-lant Skllbrlmc wore oonfiderntCB that tbo game was Il dishonest game that Daloy hud no chance of winning that tho confederates know what L Daloy had In I bin bund and that there wan no clement I of chance for them nthe game When Dale placed his money on the hnrard of the oardH l ho did not Intend to part with the tUlo unlosM It wits fairly Won by hiM opponents When Samson illl JCl and SIc II ollcl knew before the cards wore dealt or afterward by discovery thul Daloy was to lose his money through their manipulations und where they Induced I In-duced him Into the game and one of thorn by telling him he had the best hand persuaded him to place his money on the table for the purpose of obtaining obtain-ing his money as they evidently did In this case It wan ns much larceny As though they had Induced him ti lay his money on the table for them examine and then bad taken It by some sleight ofhand performance which Daley did not understand or by force under his I protest S S S In an action on an accident Insurance policy tho insurance company sought to avoid payment on the ground that the Insured In-sured had committed suicide It was shown that for some time prior to bis death which was the result of his falling or Jumping fromrt truliii the assured had been in straitened financial circumstances circum-stances that his property was heavily incumbered that his liouae 1 which was mortgaged and his personal property which had been seized on execution wero about to bo sold Hint > ho had Just before be-fore been making strenuous efforts to borrow inohey to tide him over his distress dis-tress but had failed that ho had forged a mortgage and the certificate of acknowledgment ac-knowledgment thereof on which ho had made an attempt to borrow money that ho had a ycar bciocw borrowed money upon false representations In regard to the freedom 01 his property from incum brahcos that ho was being threatened with prosecution for these offenses and that just before his death ho had been making efforts to secure as much accl dent Insurance as possible In addition to that which he was then carrying and had succeeded In affecting enough to make In I all 1GWO But on the other hand it WEtS shown that ho was a man of sanguine temperament j thai he hud been accustomed to keep considerable Insurance In-surance upon his life and against accidents acci-dents that he had four daughters who were dependent upon him tor support und that after his death his property sold for enough to pay ofC all his debts At the time of his death ho was returning homo from an ineffectual effort to raise money to save his home and personal property from forced sale He vyos lust seen before his Injury upon the platform plat-form of tho car on which ho was riding and not long afterward was found by tho Ido of the track mortally Injured On these facts Judge Sevcrcns of the United Slates Circuit court said No doubt these circumstances taken together were well calculated to exclto grnvo suspicion that the assured had thrown himself from lie train with Intent to destroy himself but they were by no means con elusive nor did they so clearly demon fitrato that conclusion as to compel the finding of the Jury that It must bfc so Taking into account In connection with all the circumstances above enumerated 1 the common instinct of mankind to hold on to life and his strong affection for his daughters and his earnest purpose to rare for and protect them wo cannot say that it would he unreasonable to con i elude that tho death of ItO hPnurctl was IlcclrIenfl and not purposed P The legiti PNBUmptlon wan apalnst tho fact of Ulcll1o l and thc burdnn of proof wao upon the Insurer Fidelity and Casual U company vs Froiinan 100 Fed SI7 o 9 O 4 Vn3llltul0 ln Alabama providing Hint It snail I bfc a criminal ofiunso to obtain board by fraud or mlBrcprcsiMiUUIon from Il landlord propiklor keeper of hotel or boardltiKhoude k I held by lln > Su 11 1 jaemti court Qf that Stale In the ease nf unauncoy VH Slate 30 S Jte > 103 lobo coiikjtltutlpual and not a statute impos ing Ini > rl onmpnt for debt The court Halci that ono who violates the statutH iM I imprisoned not for the debt ho owes Iho proprlulor and not to make him pay 1 the debt but to punish him for tho WlOrig llc has POPctratcd by tim fraud which IH mado a crlmo < f S O transaction In a bucket shop conJ Hilling of fictitious contracts of sale or purphaso for future delivery of lock gLain Jloluiollll etc Wlth the I Intention I thai thero should bo no deliver but a Jifttkmont paying the difference of pilrcH la held by the Vnltccl StalS Circuit court of Indiana In the cane of Jioyco VH O Ucll Commission company 109 Fed I Hop 75S not to constitute a gumn within Ito meaning of u statute provld 1 ng that a person betting on ti game and loBlng any money thereon and paying the came may recover Il by action 1 Corn p Co-rn Maine n widow does not tic as heir riom her deceased husband but as widow according1 I lo lie gupronua court in tho tiiao of I 1older JYoldlHlr All Rep 00j0 eo 0 Tilt tnims cash mirrcnder value and 1111 I cash surrendor value as used Inn life liiBurinco policy arc held by the United Elates Circuit Court of Appeal In the case of Bryant n Mutual Benefit Lifo Jn nranco company 100 Fed Rep 7ISJ to mean thai namo amount P p Tn an action against u railroad company for an alleged wrongful ejection the Su piemo court of Alabama In tbo CUHO of IMcGhco w Kashlu TO So fbi 337 holdn that ovldcnco that tho conductor usod abusive and insulllng language to the prly ojcctrd whllo he was rccnlerlng the ti tin IB I admissible aa part otho res gestate < 0 p5 I Vheru lie scbodulo of ji bankrupt de scribed the Judgment debtor as Cicorgo Ucsmun mIll bin real I namo was George Ll sum Iho City court of New York In I tho case of Lleaum vs Kraus 71 N y I SuP 1022 holds that the bankrupts discharge did not release tho debt as against George Lleytim S S S Whore growing tlmbor Is oold the S1 picmc court of Maine In tho case of > worsen vs Shores 19 I AH Rep 1051 holds that It remains an Incident of real Property HO > long as It is uncut but when I cut becomes personalty o n u A State has no power to exact license fco for the operation of a ferry for tho I transfer of railroad cars across a navlga blo river between a point within such bttito end a point In another State holds Judge Humphrey of the United States District court In the CURe of St Chair County Interstate Car Transfer company 10D Fed Uep in whcro the corporation owning and operating such ferry Is a citizen I citi-zen and resident of tho latter State and I the vessels employed have their situs In such Stato for tho purposes of taxation and the only property of the company within tho Stato seeking to Imposo tho license consists of Its landing placo and facilities I r p 5 p A judgment rendered In an action on coupons from municipal bonds nl1juI Iho bonds void Is held by Judge 1 phrey of the United States District n Illinois In the enso of Corliss vs Pulaskl I county 103 Fed Rep SI3 to be conclusive conclu-sive against a subsequent purchaser of such bonds unless It Is shown that ho bought before maturity and without notice no-tice of the Judgment ill 0 Service on a traveling statesman a I foreign corporation when ho visited a State In relation to tim transaction out of which Iho suit arose Is held by the Su promo court of South Carolina In the case of Abbeville etc Co vs Western etc J Co 30 S 13 Rep 559 to bo a good service ser-vice on such corporation where lie corporation cor-poration has no resident agent place of business or property within the State I a S Tho trademark GrapeNut under I which name a cereal food Is l sold Is held by Judge Seaman of the United States Circuit court Wisconsin In lie case of Poslum Cereal company Vb American Health Food company 109 Fed Rep S3S not to bo infringed by tho name Grain Hearts under which a similar food Is sold the latter nnmclloll being so displayed dis-played and associated on tho package ns to make It substantially Identical with the I former trademark |
