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Opinions in alr Volume 145

Defendant is a. public corporation, organized under the provisions of sections 70-701 to 70-719, Comp. St. Supp. 1939. Among other things, it has power to make appropriation of public waters, to borrow money, to construct, own and operate irrigation works, to sell water to those landowners within the area served by its distribution system, to charge a “nondiscriminatory” rate for the same, and to ...
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The appellant and a confederate were convicted of obtaining money under false pretenses, a crime denounced by Section 7258, C.G.L., 1927 (817.01, Florida Statutes, 1941). Inasmuch as the questions presented for decision by the Court challenge the sufficiency of the evidence to establish "a false representation of a past or present existing fact" and question the propriety of the Court's denial of ...
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The plaintiff has appealed from a judgment in favor of the defendant directed by the trial court. The plaintiff's amended reply to the first separate defense was struck out; the first separate defense was considered by the learned trial judge a complete defense as a matter of law to the cause of action outlined in the complaint, and the defendant therefore had judgment on the pleadings. The case i...
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A bridge carries the tracks of defendant railroad company over Hunting Park Avenue in the City of Philadelphia, being supported at each corner of its intersection with the street by a concrete abutment. The southeasterly abutment rises to a height of twenty-four feet, and is capped by an ornamental concrete cornice, about two and a half feet across, hollowed out in a scroll formation which, becaus...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 198 The plaintiff instituted this action to recover the sum of $2,000, representing the face value of a fire insurance policy covering a one and one-half ton red sound truck and its equipment, and for statutory penalties and attorney's fees. The defense is fr...
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— A tax at the rate of 8 per cent on the net income of plaintiff corporation was levied hy the State of California for the year, August 31, 1936, to August 31, 1937, pursuant to the Bank and Corporation Franchise Tax Act. (Stats. 1929, p. 19, as amended in 1935; Deering’s Gen. Laws, 1937, Act 8488.) The tax was paid under protest and plaintiff commenced this action to recover the amount so paid...
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The question presented is whether the record of a chattel mortgage given by Carl *65Arnold to Walter Kampe, the appellee, in January, 1938, £o secure the payment of twelve notes for $50 each and one note for $674.36, constituted constructive notice, under Missouri law, that the thirteenth note was secured by the mortgage. The controversy arises out of the defective description of the thirteenth no...
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These are four petitions, the allegations of which, according to the consolidated bill of exceptions, are substantially the same, praying for stay of execution of sentence and for the issuance of writs of error, certiorari and habeas corpus, wherein the petitioner seeks to be admitted to bail and to have certain orders and the imposition of sentence declared erroneous. On May 23, 1941, the petitio...
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We are in accord with the reasoning and result of the deliverance of Mr. Justice Porter for the Supreme Court. It is vigorously contended that the judgment is "directly opposed to public policy." Such policy must needs be of legislative ordination; it can have no other derivation. And there is none such. Section 1 of chapter 243 of the laws of 1909, now sections 18:13-16 and 18:13-17 of the Revisi...
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In June, 1930, Chessman Kittredge was appointed as “ successor trustee ” under the will of David Fox in place of George L. Fox, the trustee originally named in the will, who had been declared incompetent. Kittredge as trustee received assets of the estate valued at almost $450,000. From time to time he sold most of these assets and usually the proceeds were deposited in an account wh...
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Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See287 N.Y. 94.)...
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The issue before us is the extent to which stockholders and affiliated corporations are liable on a contract made by a so-called “leasehold” corporation. 1 The two individual defendants, Murray and Samuel Rosenberg, own substantially all of the capital stock of Murray M. Rosenberg, Inc., which was engaged in operating a chain of retail shoe stores. The shoes sold in these stores bore...
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The defendant was indicted for murder in the first degree for the killing of Albert Shuman on January 9, 1939. The indictment was filed on July 2,1940, and the defendant pleaded not guilty on July third. He was tried in May, 1941, found guilty by the jury and sentence of death was pronounced on June second. Upon appeal to this court the judgment of conviction was reversed on December 4, 1941. A m...
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delivered the opinion of the Court. The petitioner’s assertion that the court below misapplied § 70 (a) of the Bankruptcy Act, as amended, 1 in contravention of a decision of this court, 2 and contrary to the law of the State of Nevada, as well as a division of opinion of the judges in the court below, moved us to grant certiorari. October 24, 1940, a petition in "bankruptcy was filed aga...
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Upon this appeal from the liquor control commission's refusal to renew the plaintiff's tavern permit, the trial court reserved the constitutional questions involved for determination by this court. The material facts are stipulated. The plaintiff, who is a citizen of the United States but has never been *Page 621 made an elector of any town in the state, for several years has conducted a tavern i...
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On November 20, 1934, the chancery court of Hinds County, Mississippi, rendered a decree (1) granting unto Mrs. Winifred Causey Collins a divorce from her husband Roy P. Collins, (2) awarding Mrs. Collins the care and custody of their minor adopted daughter Margaret, (3) ordering Mr. Collins to pay Mrs. Collins $140 per month, of which $65 was for her support and $35 for the support of Margaret, a...
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1 Reported in 7 N.W.2d 757. Plaintiff had a verdict for personal injuries. After denial of his motion for judgment notwithstanding the verdict, defendant appealed from the judgment. Plaintiff was employed as an attendant in a filling station on the west side of Concord street, which extends north and south in South St. Paul. At each end of the filling station a driveway enters from the street. The...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 75 Plaintiff appeals from a judgment for defendant, entered by the trial court notwithstanding a jury verdict for plaintiff. Plaintiff, who was about 27 years old, and one Plourd were employed by defendant to paint the window frames, sash, and eaves of defend...
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In 1935 and 1936 the taxpayer purchased on the New York Stock Exchange, through a brokerage firm of which her husband was a member, certain bonds of the face value of $100,000. The bonds were paid for by her and were thereafter carried in the safe-custody account which she maintained with the brokerage firm. On various days during the latter part of September 1937 her husband, acting on her behalf...
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In this action Rae Druck claimed to be the owner, and entitled to the transfer and delivery of stock certificates evidencing such ownership, of two hundred fifty shares of capital stock of the Pharos Tribune Company, the certificates for which stock were found among the papers and securities of her brother, Samuel O. Berman, after his death. Her claim to this stock was based on a purported gift th...
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This is an action commenced on October 13, 1937, by Herbert L. Bailey, plaintiff, against Russell A. Tully and Annis Tully, his wife, defendants, and M. B. Scott, administrator of the estate of Maude H. Downey, deceased, seeking an adjudication, (1) that certain real and personal property constitutes assets of the estate of Maude H. Downey, deceased; (2) that defendants, Russell A. and Annis Tully...
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The appellants own two pieces of property in the City of Baltimore, one situated at the northwest corner of Linhill Avenue and Rockrose Avenue, and the other at the southernmost corner of Ninth and Chesapeake Avenues. On the 16th day of October, 1941, the property at Linhill Avenue and Rockrose Avenue was sold by the City Collector and the Collector of State Taxes to the Mayor and City Council of ...
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The plaintiff Charlestown Five Cents Savings Bank, hereinafter referred to as the bank, is the owner of a three-story building in Boston, the entire third floor of which is occupied by the plaintiff Godard, hereinafter referred to as the plaintiff, under a written lease, the second floor being occupied by the defendant under a written lease. Each plaintiff brought a bill in equity on February 6, 1...
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This is a suit instituted in the court below by the Sylvania Industrial Corporation, a corporation organized and existing under the laws of the State of Virginia and doing business in that state. The defendant is Antonie Lilienfeld, individually and as executrix in fact of her deceased husband, Leon Lilienfeld. Defendant is a citizen of Poland and her husband, who died in the year 1938, was a c...
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This is an action by a resident of this state against a domesticated foreign insurance company based upon a cause of action which arose in the State of Kansas. Service of summons was had upon the State Insurance Commissioner as service agent of the company. The principal question to be decided in this case is whether under our statutes such service confers jurisdiction of the person of the company...
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The appellee, plaintiff below, brought suit against three defendants, namely, Carol Watt (appellant), Lucius Colmant, Jr., and Virginia Woodson, claiming damages for the loss of the services of his wife, for expenses incurred in the treatment of her injuries, and for property damages to his automobile, as a result of an automobile accident which occurred on the 21st day of August, 1940. Mrs. Combs...
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Plaintiffs appeal from an order entered June 26, 1942, dismissing their bill of complaint. On August 30, 1940, defendant Berghoff Brewing Corporation, an Indiana corporation qualified to transact business in Michigan, entered into a written contract with plaintiffs, a copartnership doing business as O'Melia-Horgan, and thereby appointed plaintiffs as the "exclusive wholesale distributor of Berghof...
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132 F.2d 408 (1942) SPERRY PRODUCTS, Inc., v. ASSOCIATION OF AMERICAN RAILROADS et al. No. 82. Circuit Court of Appeals, Second Circuit. December 14, 1942. *409 Stephen H. Philbin, of New York City (Henry R. Ashton, John B. Cuningham, both of New York City, and Joseph H. Lipschutz, of Hoboken, N. J., of counsel), for appellant. L. B. Mann, of Chicago, Ill. (George E. Middleton, and Robert C. Brow...
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Appeal brings for review judgment on demurrer sustained to amended declaration. The pertinent facts alleged in the amended declaration in effect are: that the defendants on the 29th day of January, 1941, were practicing physicians in Lakeland, Polk County, Florida; that on the 30th day of January, 1941, petition was filed in and office of and before the County Judge of Polk County by five persons ...
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The appellees, J.P. and R. Vance Norfleet, doing business under the name of Sledge Norfleet Company, obtained a decree in the court below against the appellants *Page 137 for $250, alleged in the appellees' bill of complaint to have been received by the appellants from the Federal Land Bank, of New Orleans, under circumstances that caused them to hold it in trust for the appellees. The case was ...
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In 1920 the appellant inherited a diamond ring from her mother. She afterwards married and lived with her husband for thirteen years, separating on January 8, 1940. They are not divorced but the husband's whereabouts is unknown. While packing her possessions at the time of the separation, the appellant missed her ring. She made a demand for it upon her husband and threatened to sue him, whereupon ...
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Affirming. This action was filed by the appellant, J.B. Ratliff, operator of a roadhouse, against the appellee, Edward P. Hill, County Judge of Floyd County, seeking a writ of prohibition to prevent enforcement of an order of the county court requiring roadhouses to close at eight o'clock P. M. and to remain closed on Sunday. The petition, as amended, alleged that Chap. 47 of the Acts of 1938 (KS ...
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* This case reprinted and annotated in 135 A.L.R. ___. This is a mandamus suit by which Stella Ball, relator, for several years an employee of the City of Knoxville until her discharge on September 15, 1939, seeks to be restored as an employee of said City; or, in the alternative, to recover the alleged salary due her. Her petition was demurred to by the City and the other defendants, the demurrer...
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Affirming. The appellant and petitioner below, Otis Peter Smith, and one John Wesley Williams were indicted in the Jefferson circuit court charged with the murder of Edward Hite. At his separate trial appellant was found guilty with punishment fixed by the jury at death by electrocution. He appealed to this court, resulting in an affirmance of the judgment, the case being reported in 288 Ky. 831, ...
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This is a petition to review a decision of the Board of Tax Appeals. It involves income taxes for the years 1936 and 1937. The sole issue is whether the amounts paid in these years to Aroline P. Gove, Treasurer, and Lydia P. Gove, Assistant Treasurer, are deductible as reasonable allowances for personal services actually rendered to the taxpayer under Section 23(a) of the Revenue Act of 1936, 4...
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Action by Bernard Asheim against T.P. Fahey and R.E. Brockman, copartners doing business under the firm name and style of Fahey-Brockman, to recover for personal injuries sustained by plaintiff on premises occupied by plaintiff under a sublease from defendants. From a judgment for defendants, plaintiff appeals. AFFIRMED. This is an action in tort for damages for personal injuries. The defendants a...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 365 Defendant appeals from an order entered by the circuit court for Kalamazoo county November 29, 1941, committing him to the Ionia State hospital for the criminally insane for the remainder of his natural life. This case involves the constitutionality of Ac...
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Action in claim and delivery by I. Gordan against Joseph Briody and another, doing business as Industrial Chrome Plating Company, and others, to recover possession of an electrical generator, wherein defendants filed a counterclaim demanding delivery of a low-voltage *Page 412 generator taken from defendants, with damages for the use thereof. From a judgment for plaintiff, the defendants appeal. ...
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Action by Richard Hansen against the Industrial Commission of Wisconsin and another to review an interlocutory award of the commission under the Workmen's Compensation Act. From a judgment affirming the award the employer appeals. The facts are stated in the opinion. Action was brought by the plaintiff to review an award of the Industrial Commission under the Workmen's Compensation Act. The cir...
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1 Reported in 8 N.W.2d 236. This is a suit to recover the commuted value of a life insurance policy in which plaintiffs were named as payees in a "Change of Beneficiary Form." Defendant insurance company appeals from an order denying its motion for a new trial after findings and conclusions in favor of plaintiffs. The administrator of the insured's estate has not appealed. On August 1, 1892, defen...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 485 Lottie Szymanski, plaintiff, is the widow of John Szymanski and the beneficiary named in the certificate issued under a group insurance policy which ran to the Murray Corporation and under which employees were insured against accident, sickness and death....
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 476 Actions by Rita Eide, an infant, by her guardian ad litem, and by Nick Eide, her father, against Joseph Skerbeck and Eugene W. Skerbeck to recover their respective damages resulting from personal injuries sustained by the infant. From a judgment in favor...
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A jury in the Municipal Court, after finding appellant’s dog, “Popo”, to have been the perpetrator of a fatal assault upon “Little Bits”, the pet Pomeranian owned by Mrs. Emily W. Erck, and that the appellant had been apprised of Popo’s malevolent propensities, returned a verdict for Mrs. Erck in the sum of $200.00. Since the judgment Mrs. Erck has died, and there has been substituted in her place...
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The appellee, Elmer W. Heitman, as receiver of the Hammond National Bank and Trust Company, brought an action against the appellant, Hammond Pure Ice and Coal Company, on two Five Hundred Dollar first mortgage real estate bonds. The ice company filed an answer of set-off and a cross-complaint seeking specific performance of a contract it had with the bank for the exchange of said bonds for other b...
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The plaintiffs Kludt and Redd each filed a separate suit for the specific performance of an oral contract for the purchase of shares of the capital stock of the Lincoln Engineering *Page 799 Company, a corporation; Kludt demanding 8,000 shares and Redd 2,000 shares. Defendants plead the Statute of Frauds as a defense. The chancellor rendered a decree for specific performance in favor of each plai...
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1 Reported in 8 N.W.2d 466. Relator was employed by respondent as a car cleaner at one of its carbarns. His workday began at eight o'clock in the morning and continued until five o'clock in the afternoon with an hour off at noon. In 1917 respondent commenced the practice of issuing free tickets to its employee entitling them to ride on its passenger cars. Each ticket was treated on the same basis ...
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— This is an appeal from a judgment of the superior court denying a peremptory writ of mandate. On June 20, 1935, appellant entered a plea of guilty in the respondent police court to a charge of contributing to the delinquency of a minor. Judgment was entered against him on such plea. In July, 1940, some five years later, appellant moved the respondent police court to “set aside and expung...
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PLAINTIFF in error, who was the unsuccessful plaintiff in the trial court in an action for unlawful detainer, presents this case here for review by writ of error, asking that the writ be made a supersedeas and operate accordingly. In compliance with his formal request, we have elected finally to determine the cause on the supersedeas application. We shall hereafter refer to the parties as they app...
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Affirming in part and reversing in part. The Federal Social Security Act of 1935,42 U.S.C.A. Section 301 et seq., exempted from its provisions any services performed in the employ of the United States government or any instrumentality of the United States government. The act was amended in 1939 to become effective January 1, 1940. The amendment granted to the several states authority to tax instru...
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The pending cause presents a new question in connection with the "Ohio Teachers' Tenure Act" not heretofore decided by this court. *Page 127 It is apparent from the pleadings that the performance of relatrix as a teacher was not satisfactory to those under whom she worked. In the spring of 1941 any recommendation as to her reappointment was deferred. Later it was definitely decided not to reemplo...
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delivered the opinion of the court. 1. The first error assigned by defendant is based upon the following proceeding: During the course of the trial the plaintiff was .asked by her attorney whether she had suffered from mental pain or anguish, and if so, to state the particulars to' the jury, which question was objected to. The same was then withdrawn and another substituted which brought about the...
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Action by Lu Elda Fehely against William R. Senders and others for personal injuries sustained in *Page 459 an automobile accident. From a judgment for plaintiff against named defendant, he appeals. REVERSED. This action was brought to recover damages for personal injuries growing out of an automobile accident. There were three automobiles involved – one driven by the plaintiff Lu Elda Fehely; an...
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delivered the opinion of the Court. The New York Insurance Law (Cons. Laws, ch. 28), as amended in 1939, provides a comprehensive and detailed plan for regulation of all types of insurance and insurance companies “doing an insurance business” (§41) in that state. Article 12, applicable to reciprocal insurance associations, defines them as aggregations of persons, firms, or corporations, wh...
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This is an appeal from an o^der of the District Court dismissing complaint to recover certain benefit assessment payments ..nade as a result of a condemnation proceeding against the lands of the appellants. The appellants were the owners of 72 lots in Square No. 1582, located in the area bounded by Western Avenue, Wisconsin Avenue, Fessenden Street, and 45th Street, N. W. They urged condemnation p...
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In this case1 the constitutionality of the Act of June 7, 1917, P. L. 600, as amended by the Acts of June 25, 1941, P. L. 207, and of April 21, 1942, P. L. 50, and May 6, 1942, P. L. 101, is challenged. This act provides that the dependent wives and children of regular employees of the state and political subdivision when such employees shall enter the armed forces of the United States shall be pa...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 195 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 196 On December 6, 1941, plaintiff filed bill of complaint and on December 24th amended bill of complaint against ...
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Action under the compensatory section of the death statute to recover $10,000 damages for the alleged wrongful death of Anna L. Pollard. At the close of plaintiff's case, the court gave a peremptory direction to the jury to find for defendant. Thereupon plaintiff took an involuntary nonsuit with leave to move to set the same aside. Motion to set aside was overruled and plaintiff appealed. The caus...
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The appellee Jonathan Falk commenced this action in the Wells Circuit Court to quiet title to, and to enjoin appellants from enforcing drainage assessments upon one hundred sixty (160) acres of land located in Wells County, Indiana. The appellee in his complaint alleged the ownership of said real estate above indicated and that in the year 1918 there was filed in the commissioners court of Wells C...
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On February 27, 1942, appellant was an authorized carrier of passengers by motorbus between the City of Harriesburg and a point known as Palmer's Crossing and along a heavily traveled highway. About five o'clock on that afternoon, Ray Bullock, a boy about twelve years old, took passage on one of appellant's busses to go from the city to his home south of the corporate limits of the city. The place...
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Defendant admits in the stipulation of facts that while acting as an agent of the American Express Company, either he or his agents or employees, issued money orders between November 6, 1934, and November 12, 1934, totaling $768.96 for which defendant did not account to the express company, although the amount of such indebtedness was subsequently reduced to $517.96. But it is not admitted in the ...
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Affirming. In 1927 Lewis Stevens, hereinafter referred to as the plaintiff, entered the employment of the American Rolling Mill Company, hereinafter referred to as the Company. On Jan. 15, 1939, while working with a crew of men at a conveyor table on which loads of steel are brought into the "pickler" room, a load of some 19,000 or 20,000 pounds stuck, and in prizing the load loose with a metal ro...
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The testatrix left her surviving a daughter and a son. She provided in the Fifth paragraph of her will that her *459 residuary estate should be divided into two parts “ one of which parts shall exceed the other by the sum of Five Thousand ($5000.00) Dollars.” The larger of such parts the testatrix bequeathed to her daughter. The smaller of such parts the testatrix bequea...
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Certiorari brought on the relation of Charles E. Anderton against the respondents, C. M. Sommers, treasurer of the county of Milwaukee, and Bertha Parker and Alle J. Kaufer and wife, for the review and vacation of a determination made by the treasurer under sec. 75.01 (1), Stats. The court granted respondents' motion to quash the writ, and judgment to that effect and dismissing the action was ent...
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Reversing. C.J. Taylor, Jr., a school child 15 years of age, suing by his next friend, C.J. Taylor, Sr., brought an action against the Knox County Board of Education to recover damages for personal injuries allegedly caused by the negligence of the driver of a school bus owned and operated by the defendant. In an amended petition it was alleged that the defendant carried liability insurance with t...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 499 This action was brought to condemn an easement for a right of way for an electric transmission line. The plaintiff is a foreign public service corporation. It is engaged in the business of manufacturing, distributing and selling electrical energy for powe...
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By this proceeding in mandamus the city of Los Angeles seeks to compel the respondent, as secretary of its board of public works, to post and publish notices inviting sealed bids for the construction and leasing to the city of a rubbish incinerator. The respondent demurred to the petition, contending that the proposed lease will create a municipal indebtedness or liability which will exceed in ...
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May infants obtain an immediate allowance for support and education from interest accrued upon the proceeds of a life insurance policy left on deposit with the insurance company, despite an agreement between insured and insurer that the interest shall be accumulated but not be paid, until the infants become twenty-one years of age ? The facts in so far as pertinent to the decision are in brief ...
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The appellant, plaintiff, Frank J. Ortman, filed a bill of complaint in Circuit Court No. 2 of Baltimore City against the appellees, Irwin M. Coane and the American Distilling Company, a Maryland corporation. The bill of complaint is as follows: "1. That on or about July 17, 1941, the plaintiff acting through another, acquired, pursuant to a written agreement, from the defendant, Irwin M. Coane, t...
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An information was filed against William L. Davidson containing five counts charging embezzlement and four counts charging false entry in official books of account. The matter was tried to the court and a jury. Defendant was acquitted on two counts of embezzlement and convicted on the remaining counts of the information. On July 2, 1942, he was sentenced to serve from one to two years in the st...
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Action by the state against Fred W. Blankenship. From a sentence imposed under the "repeater statute," sec. 359.12, Wis. Stats., upon a plea of guilty of manslaughter in the first degree, the defendant appeals. The facts are stated in the opinion. The defendant was charged in the information with manslaughter in the first degree by killing two persons without intending to effect death through hi...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 529 The Great Southern Life Insurance Company is appealing from a judgment in favor of the plaintiff, Mrs. Alpha R. Pruitt, the named beneficiary in a policy issued by it on the life of plaintiff's husband, wherein she was awarded $4,000, the $2,000 face valu...
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April 27, 1943. A single sharp issue is presented by this appeal. The life of Broadus F. West was insured under two policies issued by appellant. The respondent was the beneficiary. They contained provisions for double indemnity in case of accidental death, but provided that such would not be applicable in the event that death should occur while the insured was "engaged in military or naval servic...
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