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Opinions in alr Volume 27

The statement of the case will contain a sufficient outline for a proper understanding of the question here presented. Appellant, Dew, defended this bill for sale for division upon the theory that he was not a tenant in common with the other parties to the cause, but owned the land in severalty, and had acquired a perfect title thereto by adverse possession under color of title. The mortgage from ...
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delivered the opinion of the court. Robert T. Cheek sued the Prudential Insurance Company of America in the Circuit'Court of St. Louis tp re-, cover damages upon a cause of action set forth in two counts: First, that the company being a New Jersey corporation conducting a life insurance business in Missouri under license of the insurance department, of that State, and plaintiff having been...
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Opinion by This is an action of assumpsit. Defendant, desiring to remodel'certain buildings, entered into a contract with plaintiff, Lytle, Campbell & Company, Inc., to do the work *412“on a time and material basis, with ten per cent profit as compensation to the contractor, the records of the cost to be kept at all times in such a manner as to be checked and audited by the owners.” The controver...
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The judgment for $15,500.00,-complained of on this writ of error, was recovered by a farmer, owning and residing upon a tract of land containing about 137.5 acres, against a corporation owning and operating a large industrial plant, situated upon a 160-acre tract of land, owned by it, in the reduction of zinc ores, upon the ground of injury to the agricultural, residential and market values of the...
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Action for damages against'defendants for negligently permitting their cattle to destroy a quantity of cane belonging to the plaintiff. The trial resulted in a verdict for the plaintiff for f474.58, upon which judgment was rendered. Defendants appeal. The principal errors relate to the failure of the trial court to properly instruct the jury. It appears from the record that the plaintiff had lease...
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delivered the opinion of the court. This is the sequel to the case of Blanchard v. Dominion National Bank, 125 Va. 586, 100 S. E. 463. There the appellant, who was the endorser of certain notes, claimed that they had been paid. That question having been decided against him, the case was remanded for further proceedings. One of the objections then urged is thus, stated 'in that opinion: “Objection ...
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W. A. Gaines & Company, a corporation, filed a petition against L. M. Holmes, sheriff of Dade County, and Joe M. Lang, solicitor-general of the Cherokee Circuit, seeking to enjoin the defendants, their agents, employees, deputies and subordinates from in any wise interfering with, destroying, confiscating, selling or disposing of or changing or altering the status of any of certain whisky and cont...
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From the record in this case it appears that prior to November 2, 1920, the Coeur d’Alene Bank and Trust Company, a corporation, was engaged in a general banking business at Coeur d’Alene, Idaho; that during the latter part of the year 1915 it employed E. Y. Boughton, a member of the law firm of Reed and Boughton, to foreclose a chattel mortgage of $3,000; that proceedings in foreclosure were prop...
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Taylor, Lowenstein & Co. brought action in the District Court for the Western District of Kentucky against the Louisville Soap Company to recover damages for breach of contract of sale by plaintiff to defendant of a quantity of standard quality grades G, H, and I rosin. The defendant’s cross-petition is based, upon its construction of this contract in reference to price, and seeks to recover payme...
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J., delivered the opinion of the court. The accused has been convicted of grand larceny,, and is here assigning a single error, which can be best presented by the statement of facts certified by the-trial court showing the only ruling to which he excepted. “The court certifies that it appears from the evidence-in this case that Max Siklek was tried in the Police Court of the city of Newport News o...
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delivered the opinion of the court. The parties hereto are hereinafter designated as in the trial court, where plaintiff in error was defendant and defendant in error was plaintiff. Defendant operates a check room at the union station in Denver. May 11, 1920, plaintiff there checked a traveling bag, which with its contents was of the value of $293.75, paying in advance the required charge. Later i...
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Opinion by This action was brought by plaintiff to recover the sum of $71,344, being the amount of two irrevocable letters of credit established by it in defendants’ favor at the Philadelphia National Bank, which the latter collected, and which represented the price of 1,500 bags of sugar purchased by plaintiff from defendants and shipped by them from Java. At trial, the court directed a verdict f...
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The opinion of the court was delivered by On October 10th, 1919, Wilhelmina Ueubeck left her husband, William H. Eeubeck, and withdrew from the family domicile. On October 14th, 1920, she filed the bill in this case. By it she prays a decree directing her husband to account for the rents, issues and profits of six parcels of improved real estate in the city of Trenton (which were acquired after t...
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This is an appeal from, a judgment entered upon an accounting. The case prior hereto was before us on another aspect, and will he found reported in Daniel v. Daniel, 106 Wash. 659, 181 Pac. 215. In the cited case, we affirmed the trial court, which adjudged that the respondent was the owner of an undivided one-twelfth interest in certain real property situated in the city of Spokane, and was entit...
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In a partition suit filed in the district court of Grady county, Oklahoma, by William Airington, Walter Airington, and James Airington, as plaintiffs, against Mrs. Willie Airington, as defendant, the court entered a decree partitioning the property and also awarding judgment against the defendant for $447.20, as their proportion of the rental value of the premises. No complaint is made of that par...
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This . suit was commenced in. the Nevada Chancery Court by appellees against appellants to recover a personal judgment against M. W. Greeson for $8,192.86, and to foreclose a mortgage lien on certain lands in said county given by Greeson and wife to secure same. Jas. G. Clark, who purchased Greeson’s equity in the land, was made a party defendant. A judgment and decree of foreclosure against the l...
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For the purpose of showing that the testimony of a female witness who had testified for and favorably to the defendant was biased in his favor, it has been held proper to ask her on cross-examination if illicit relations had not existed between her and the defendant. Martin v. State, 125 Ala. 64, 28 So. 92. In the instant case, for the purpose of showing that the prosecuting witness was unfriendly...
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The controlling question confronting this court for its determination is involved in the error assigned by defendants’ counsel, in which he contends that at the close of the evidence the court should have directed a verdict in defendants’ favor. In considering this question let it be said that the verdict of the jury wherein it is found that the defendant Harry Fulton negligently set this fire and...
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This is an action by the plaintiff, a minority stockholder, to compel the defendant corporation to declare a dividend and to compel certain officers to pay into the corporate treasury money alleged to have been wrongfully paid and received as excessive salaries. There were findings requiring the corporation to declare a special dividend of 10 per cent, but refusing to compel the individual defenda...
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— The appellant was found guilty by the verdict of a jury of the offense of unlawfully hav*359ing intoxicating liquor in his possession. From the judgment and sentence pronounced against him on the verdict, he appeals, assigning as errors that the evidence is insufficient to justify the verdict, and that the court erred in its instructions to the jury. The evidence disclosed that the appellant mai...
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Opinion of ti-ie Court by Reversing. This appeal involves the question of whether a paper dated May 14, 1910, is the last will and testament of J. W. Strode, deceased. It was probated a-s snch by the county court of Fayette county at the instance of his widow, Irene B. Strode, the appellant and contestee below, who is the only devisee and legatee therein and. who, by its terms, is made executrix ...
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The respondents, the mayor and members of the council of the City of Charleston, having refused the relator a license to conduct a restaurant, in a certain room within the City limits, upon his application made therefor, in due form and after compliance with the usual preliminary requirements, he has; applied here, in the usual way, for a writ of mandamus to compel the issuance of such license. Th...
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—This action was brought to restrain the operation of a slaughter house, plaintiffs claiming that it constituted a nuisance. The trial before the court without a jury resulted in a judgment dismissing the action. From this judgment, the plaintiffs appeal. The appellants own, reside on, and operate a farm consisting of approximately one hundred and twenty-five acres, located about one and a half mi...
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This action was commenced by respondent Pocatello Security Trust Company to recover against appellant Walter W. Henry upon two promissory notes. The complaint contains a count upon each note in the usual form. The answer admits their execution and nonpayment, and as an affirmative defense alleges that they were given in payment for three lots in Blue Lakes Addition West to Twin Falls Townsite, pur...
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delivered the opinion of the court. The American Steel Foundries is a New Jersey corporation operating a large plant for the manufacture of steel products in Granite City; Illinois. In May, 1914, it filed a bill in the District Court for the Southern District of Illinois to enjoin the defendants, the Tri-City Central Trades Council, and fourteen individual defendants, some of them officers...
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delivered the opinion of the court. The plaintiffs in error, who were plaintiffs below, and will be so called, own, maintain and operate,' on Main Street, in the City of Bisbee, Arizon^, a restaurant, known as the “ English Kitchen.” The defendants are cooks and waiters formerly in the employ of the plaintiffs, together with the labor union and the trades assembly of which *321they were members. A...
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Tbe Westminster Presbyterian Cburch of Ornaba, relator herein, obtained a writ of mandamus compelling tbe *860chief engineer in charge of the building department of Omaha to issue to relator an official permit to build a church house or edifice on two lots in Omaha located at the northeast corner of Thirty-fifth street and Woolworth avenue. The city of Omaha, respondent herein, contends that the c...
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This suit was commenced in the district court of Grant county, Okla., by O.F. Cameron and Lewis Rion, plaintiffs below, defendants in error herein, against the Security Insurance Company of New Haven, Conn., defendant below, plaintiff in error herein, by filing a petition on the 30th day of November, 1917. The defendants below entered their appearance by and through their attorney, George W. Buckn...
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The defendants contend, and apparently the trial court decided, that to permit the plaintiffs to condemn the right to enlarge “The Farmers Ditch” so that they could convey their share of water *5through it would be to take private property for a private use. It is conceded that “The Farmers Ditch” is private property owned by private persons; and so the only question for decision is whether in the...
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On March 13, 1919, T. H. Gerig filed his amended declaration in the District Court for the Western District of Tennessee, averring among other things that, at and prior to the time, of the commission of the grievances complained of, he was and had been the operator and manager of a minstrel show known as the “Old Kentucky Minstrels”; that this show was billed in advance to give a performance in th...
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An action of assumpsit to recover for certain merchandise consisting of wearing apparel and material therefor delivered by the plaintiff to the defendant’s wife. The jury found for the plaintiff, and the case comes before this court on the defendant’s motion for a new trial on the usual grounds. The defendant was married in July, 1918, and two weeks thereafter went with his wife to live with his a...
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Action to quiet title. Counterclaim by defendant, seeking specific performance of the contract hereinafter mentioned. Findings and judgment for plaintiff. New trial denied. Defendant appeals. The secretary-treasurer of respondent, in the name of respondent, executed1 an option contract giving appellant a 30-day option within which to buy certain business lots in Dell Rapids for a price specified. ...
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This action was instituted in the district court of Carter county by the defendant in error, as plaintiff, against the plaintiffs in error, as defendants, seeking the specific performance of a contract of sale of two oil and gas mining leases covering certain lands in Carter county. On June 7, 1919, the plaintiff, Franklin, filed in the trial court his petition herein, in which it is alleged that ...
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Plaintiff, who owns and operates a motion picture theatre in the city of Minneapolis, brought this action to enjoin the defendants from continuing in a course of conduct which interfered with his business. The trial resulted in findings in his favor. Judgment was entered thereon and defendants appealed. The findings are lengthy, but we set them out practically in full in order that there may be a ...
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Respondents are proprietors of certain restaurants in Boise. The appellants are members and officers of the Hotel and Restaurant Employees Local No. 782 of Boise, which is a voluntary unincorporated association, or labor union. In their complaint, respondents allege: “That the defendants did on or about the twentieth day of March, 1920, order all of the employees of the plaintiffs then belonging t...
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It must be conceded that the precise question here involved has not been decided by this court. It must be conceded that the authorities both in this country and in England are in conflict. It must be conceded that we have no statute similar to the Alabama and the New York statutes to which attention is called in my Brother Wiest’s opinion. But I think it must also be conceded that our bench law h...
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Defendant’s uncontradicted affidavit used before the preliminary examination and again before trial disclosed that the automobile and the five bottles of liquor were possessed by the officers as the result of an unlawful search and seizure and such should have been so held as a matter of law. When the same question is considered in connection with the testimony given b}? the deputy sheriffs on the...
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Upon an indictment charging him in one count with owning operating and maintaining a moonshine still, and in another with aiding and abetting in the operation of such a still, the defendant was tried and found guilty upon the latter charge by the verdict of the jury, upon which a judgment was entered by the court, to review which he prosecutes this writ of error. The matters relied upon for revers...
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Defendant was convicted under an information charging that on September 20, 1921, he unlawfully and feloniously had in his possession “a certain quantity of spirituous and intoxicating liquor, to wit, six quarts of whisky,” in Midland township, county of Midland. He was arrested on the fair grounds near the city of Midland where the county fair was then being held. He had on the grounds a Ford tru...
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The recorder held that a search warrant duly issued under Act No. 338, Pub. Acts 1917, as amended by Act No. 99, Pub. Acts 1921, could not be executed in the nighttime, and upon the preliminary examination of two persons charged with violation off the liquor law, refused to consider the evidence procured under the search warrant and discharged the accused. We are asked to issue the writ of mandamu...
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after stating the case, delivered the opinion of the court. There are five principal questions pressed by the pláintiffs in error here, the defendants below. The first is that there was a misjoinder of parties plaintiff. The second is that the United Mine Workers of America, District No. 21, United Mine Workers of America, and the local unions made defendants, are unincorporated associatio...
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after making the foregoing statement, delivered the following opinion of the court. [1] The case turns upon the decision of the following question, namely: 1. Was the execution issued by the clerk without the direction of the plaintiff, under the general order of court, such an execution that the payment of it to the sheriff by the execution debtors, without the express or implied actual consent o...
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The opinion of the court was delivered by This was an action in ejectment in the Supreme Court for the possession of land in the county of Essex, and for mesne profits; the plaintiffs had judgment for both, and the defendant appeals. At the conclusion of the trial before Dungan, J., and a jury, motion was made for the direction of a verdict on behalf of each of the parties, counsel stipulating th...
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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 239 The questions of controlling importance in the trial of the cause in the court below turned upon the interpretation and construction of that provision of the lease contract which authorized the lessor to terminate the lease upon four months' notice to the...
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Appellant was convicted in the County Court of Kaufman County of aggravated assault, and his punishment fixed at a fine of $250 and ninety days in the county jail. Two young women in the city of Terrell, Texas, went into a picture show in the daytime, and presently went to the man selling tickets and told him that they had been bothered while in the theater. About this time appellant came out of t...
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The Utah-Idaho Sugar Company, a corporation, hereinafter called plaintiff, brought this action in the district court of Salt Lake county against Salt Lake county and the individuals named as treasurer, assessor, auditor, and the three county commissioners of said county hereinafter designated defendants, to enjoin them from collecting a certain tax, which was assessed against the plaintiff and whi...
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Opinion op the Court by Reversing. About 3 o’clock in the afternoon of January 16, 1920, Clifton Porter Nunnelley, an 8-year-old boy, was killed *353in Fayette county on the Bryant Station turnpike by a Ford truck driven by John Muth. The father of the boy qualified as his administrator and filed this suit for .$30,-000.00 damages against John Muth, Pierre Muth, Henrietta Muth and Louis Muth, all...
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Opinion op the Court by Affirming. Appellee was indicted for failing to provide wash rooms for its employes at its mines in Ohio county in accordance with the provisions of chapter 20, 1920 Acts, page 140. A demurrer was sustained to the indictment and same dismissed upon the ground that the act is unconstitutional. The act is assailed under several sections of the state and federal Constitutions...
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About 6:30 o’clock p. m. on December 19, .1916, a jitney car in which Mrs. Laura Maxwell and others were passengers, and which was traveling in a south or southwesterly direction on Carlisle street, in the City of Dallas, became unmanageable by reason of some defect in the steering gear, turned to the right across the sidewalk, and plunged into a deep ravine. One of the passengers was killed, and ...
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It is fundamental that an insured who' deliberately sets fire to the insured property cannot recover on a policy of fire insurance. To permit a recovery under such circumstances would reward crime and shock the most fundamental notions of justice. To permit a recovery by either the partnership, or. the unoffending partner upon a policy of insurance issued to a partnership insuring partnership prop...
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Opinion by In the summer of 1917 Frederick Polis, the plaintiff, was the owner of a small farm in an outlying district of Philadelphia, a part of which he leased as a piggery to the defendants, Frederick Heizmann and Ernest Heiz*317mann, brothers, and partners in the business. Later, however, the city authorities prevented the use of the place for such purpose; thereupon, Frederick Heizmann went ...
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Appellants filed a petition in the Supreme Court of the District of Columbia, praying that writs of habeas corpus issue to prevent their removal to the Southern district of the state of California, where they had been indicted for unlawfully transporting in interstate commerce a stolen automobile from the state of New Jersey to the state of California. The power of the court is invoked on the grou...
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The plaintiff sued defendant city, claiming damages to her property due to the negligence of the city. After alleging that she was the owner of a lot 61.65 feet by 100 feet facing npon Broad Street, npon which were one six-room adobe honse and one two-room frame honse, she stated her canse of action in the following language: “IV. That prior to the 14th day of July, 191.9, the said defendant raise...
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The plaintiff claims, by way of equitable relief, a mandatory injunction ordering defendant to renew the lease which it had made with Charles M. Schondorf et al. for premises subsequently purchased by defendant. The term of this lease was for five years from May 1st, 1911, with a privilege of four renewals, each for a five-year period. The lease provided in a later part that "if the lessee desires...
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Bill to restrain defendant company and its incorporators from doing business under the same name as the defunct corporation of which plaintiff is receiver, and from receiving any mail addressed to the Haney School Furniture Company. The defendants, by answer, set up the dissolution of the old corporation, asserted the right to take the name because there was no existing corporation of such name, d...
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On the 14th day of January, 1920, the county attorney of Ottawa county filed in the district court of said county an information jointly charging Earl Blanchard and Mrs. Earl Blanchard with the murder, by shooting, of Charles Stricker, on the 22d day of October, 1919. The killing occurred in the city of Commerce, in Ottawa county, at nighttime; the deceased being a police officer of said county. O...
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Plaintiff in error, John M. Rhoades, brought this suit against the El Paso & Southwestern Railway Company and the Chicago, Rock Island & Gulf Railway Company to recover damages for personal injuries. The parties will be designated as in the trial court. The case was tried before a jury on special issues. Upon the answers returned by the jury to the issues so submitted the court rendered judgment f...
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This is an action brought by certain tax-paying citizens of the city of St. Louis, who are residents of a district tributary to and who have children *Page 472 attending one of its high schools, who pursue regular studies therein for the purpose of completing the course and graduating therefrom. The purpose of the action is to enjoin the Board of Education of said city from enforcing a rule adopt...
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The opinion of the Court en banc was delivered by Cliff Hawkins killed Josie Craig on July 5, 1920, and William Morgan on July 9, 1920. He was tried upon an indictment charging murder of William Morgan, September 3, 1920, before Judge De Vore and a jury, in the Court of General Sessions for Greenville County, was found guilty, and, after a motion for a new trial was refused was sentenced to be el...
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The opinion of the court was delivered by Maude Yargus was charged with committing murder in the first degree by means of poison. She was convicted of murder in the second degree, and appeals. In her behalf it is contended that murder by the administration of poison is necessarily murder in the first degree and cannot constitute murder in the second degree; that the trial court erred in *451instru...
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Opinion by Plaintiff, Ethel Shaw, slipped and fell on ice which had accumulated on a dirt sidewalk constructed by an abutting property owner on Courtright Street in Plains Township, Luzerne County. A judgment was entered on a verdict for plaintiff in the court' below in the action brought against the township for the injuries sustained. The question for our consideration is whether a township of t...
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If Agnes A. Ga Nun was legitimate, as she has been held to be by the courts below, her child i.j entitled to a distributive share in the estate of one Jane Moncrief. Agnes A. Ga Nun was born on February 5, 1882. On the next day her parents were married. On June 23, 1883, this marriage was anulled for duress and force on the complaint of the husband. The decree provided that the marriage “ is whol...
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Grace A. Spencer, one of the defendants, owning a lot improved by a building used in the retail mercantile business, in January, 1919, leased the property to the Pratt-Mann Company for the term of five years, the lease containing a stipulation that it should not be assigned without the written consent of the lessor. In November, 1919, the Pratt-Mann Company assigned the lease to the Onken Brothers...
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The plaintiffs seek to obtain a decree from the court to restrain the defendant from maintaining the roof of his building adjacent to the westerly side of Pleasant street in Woodsville so that the water will drip and flow upon and over the sidewalk contiguous to said building. The only question raised by the exceptions is whether there is any evidence in the case upon which the bill can be sustain...
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Appellant Mosaic Templars of America is an incorporated fraternal society, Which issues benefit certificates, or policies of insurance, to its members in accordance with tbe terms of its constitution and by-laws. The certificate, or policy, issued to members of the society does not designate the beneficiary, but merely states that the amount stipulated in the policy will be paid at the death of th...
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The opinion of the court was delivered by The Wichita Flour Mills Company has for several years been making a brand of flour called “Kansas Expansion.” On August 7, 1917, John C. Gaede,'who operates a bakery at Fredonia, ordered from it 150 barrels of that flour at $13.40 a barrel, to be shipped within thirty days, the order being accepted. On August 19 the buyer sent a letter stating that he can...
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Opinion op the Court by Affirming. The appellant was charged by indictment with selling, “as the representative of a domestic investment company known as ‘Shareholders Syndicate,’ ” a contract or security of the company which had not been approved by the state hanking commissioner as required by an act known as the bine sky law, now sections 883e-l to 883e-26, inclusive, of Kentucky Statutes. His...
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Defendants were indicted for selling an investment contract without a license from the State Securities Commission, contrary to the provisions of the so-called “Blue Sky Law,” chapter 429, p. 635, Laws 1917, as amended by chapter 105, p. 99, Laws of 1919. Defendants demurred to the indictment. The court overruled the demurrer and certified these questions to this court: 1. Does the indictment in t...
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Indictment for assault with deadly weapon. The evidence on the part of the State tended to show that on the night of 16 July, 1922, as prosecutor was going towards Morganton in his automobile, defendant, also in an automobile, meeting said witness, ran his said machine into that of plaintiff, broke front axle of prosecutor's car in two places, also one wheel, knocked off the fender, running board,...
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The master of a vessel draws a bill of exchange in this country, for the purchase of bunker coal, on the vessel’s owner in Norway, payable in-kroner 30 days after sight. The bill is protested for refusal to accept. The holder retains the bill and presents it for payment upon maturity. The bill is protested for non*871payment 30 days afterwards. If the draft was authorized, is the owner liable for ...
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— This action, as originally instituted, was one to recover a money judgment against Archibald J. Fisken, who was the only defendant named in the complaint. When Fisken answered, he filed a cross-complaint and caused the county of King and its treasurer to be made parties. By the cross-complaint, it was sought to restrain the county and the treasurer from asserting that the taxes upon specified re...
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Opinion by Plaintiff, a milling company in Minneapolis, sold to defendant, a baker in Norristown, four hundred barrels of rye flour for future delivery. Under the terms of sale, the freight to destination was to be paid by the seller. Before the delivery date, the purchaser notified the seller of cancellation of the sale and repudiated the contract. Plaintiff refused to acquiesce in the abrogatio...
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prepared the opinion for the court. Plaintiff’s (respondent herein) second amended complaint sets forth two causes of action. Prior to the selection of the jury, counsel for defendant (appellant herein) moved the court that the plaintiff be required to elect upon which of the causes of action plaintiff would rely. This motion was granted, and plaintiff elected to stand upon the second cause of act...
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The defendant in supporting the order sustaining the demurrer urges as follows: .First. That the complaint must be construed as disclosing a situation wherein the defendant has but breached its contract with the city of Edgerton for the furnishing of electrio current for the waterworks of said city. Second. That in the maintaining and operating of such waterworks system, so far at least as to its ...
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Appellant sued appellee for damages for the total destruction of its church building and contents, occasioned, as alleged, by the negligent failure of appellee to maintain fire hydrants in condition for use. The complaint alleges that appellee is a private corporation which owned and operated the waterworks in the city of New Albany, by virtue of a franchise and contract, entered into on August 25...
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after stating the case as above, delivered the opinion of the Court. The necessary postulate of the Industrial Court Act is that the State, representing the people, is so much interested in their peace, health and comfort that it may compel those engaged in the manufacture of food, and clothing, and the production of fuel, whether owners or *534 workers, to continue in their b...
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(after stating the facts as above). It is conceded, and indeed could not be disputed, after Grogan v. Walker and Anchor Line v. Aldridge, decided May 15, 1922, 258 U. S. —, 42 Sup. Ct. 423, 66 L. Ed. —, that, had the liquors here in question been a part of the ships’ cargo, the bills would not lie. It makes no difference that they were not to be broached while carried within territory of the Unite...
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delivered the opinion of the Court. These are suits by steamship companies operating passenger ships between United States ports and foreign ports to enjoin threatened application to them and their ships of certain provisions of the National Prohibition Act. The defendants are officers of the United States charged with the act’s enforcement. In the first ten cases the plaintiffs are foreign corpor...
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The opinion of the court was delivered by This action was brought by Mabel Hickox for the specific performance of a contract between plaintiff’s mother, Beathea Thompson, and Thomas H. and Caroline Johnston, alleged foster parents of plaintiff, and to recover the property they had at their death, including the proceeds of a benefit certificate of insurance issued by the Brotherhood of American Yoe...
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Petitioner, Edna Taggart Boland, sought to have distributed to her by the probate court of Los Angeles County the whole of decedent's estate, inventoried at the sum of $45,426, under the provisions of section 1307 of the Civil Code, claiming said estate as an adopted daughter and only heir at law of Francis S. Taggart, deceased, who unintentionally omitted her in his will. The court decided advers...
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This action was brought for the purpose of requiring defendant, Leora W. Burlingame, to render an account of property which had come into her possession under the will of her deceased husband, it being alleged in the complaint (indirectly, it is true) that her interest therein is a life estate limited to certain purposes, and that certain expenditures being made by her are not within those purpose...
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This is an appeal from an order entered in the district court of Morton county, denying a motion of the defendant to dismiss garnishment proceedings. The plaintiff is a North Dakota corporation, the defendant a resident of Montana, and the garnishee a corporation doing business and authorized to do business in both North Dakota and Montana, but not organized under the laws of either state. The act...
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For many years prior to 1904 the defendant Kilmer and his father were the substantial proprietors, first, under the form of a partnership and, thereafter, of a corporation in the city of Binghamton of a very profitable business engaged in manufacturing a patent medicine known as “ Swamp Root.” The defendant Hadsell was associated with them in the business having a small interest ther...
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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 561 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 562 The plaintiff has been engaged in the general merchandise business in Athena since about 1910. Prior to March,...
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This action involves a transaction in foreign exchange and leads to the practical question who shall bear the loss springing out of that transaction. On March 31, 1917, the plaintiff’s assignor paid to the defendants the sum of $8,500 in consideration of which they agreed to make a wireless transfer of 47,222 marks to the account of a designated payee at a designated bank in Berlin. Owing ...
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Plaintiff, on September 20, 1921, instituted his action of assumpsit to recover $1150, money of the plaintiff had and received by the defendant, and obtained a verdict and judgment for the full amount. The declaration consists of the common counts and is accompanied by the following bill of particulars: *370'“Richwood Banking and Trust Company, a corporation. To Nunciato Be Felice Fu- Vincenzo Dr....
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The plaintiff alleges in his complaint that he delivered $550 to the defendant bank on February 15, 1915, whereupon the defendant "agreed, in writing, and for a valuable consideration, then and there paid, to *Page 638 remit said money, duly exchanged in foreign currency, to plaintiff's mother, Rosa Nicoletti fu Innocenzo, then residing in Chiatri, Italy." It is alleged that the defendant did not...
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1. The creation and maintenance of a police department by a muunicipality are done in the exercise of its governmental functions. The performance of an act by an official of such department is not the performance of a ministerial act for which a municipality becomes liable under the maxim, respondeat superior. 2. A municipal corporation is not, in the absence of a statutory provision, liable in da...
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The injuries to the plaintiff’s face, neck and body, in the nature of a skin disease, were alleged to be due to poisonous or noxious substances, transmitted from the dyed fur collar on a coat purchased by her from the defendant in December, 1917. The case was submitted to the jury on the count in contract; and there was no motion for a directed verdict. The defendant made twelve requests for rulin...
Views: 10
This is a proceeding in mandamus wherein the plaintiffs sought and secured a writ of mandate, directed to and commanding the defendants, the appellants here, to permit the plaintiffs, respondents here, as members in good standing of the Sociedad Espanola De Beneficencia Mutua, free access to all of the meetings of said society and further directing and commanding that the said defendants place upo...
Views: 16
This is an action of contract on a policy of life insurance issued by the defendant to the plaintiff’s intestate, Lillian E. Miller. On November 26, 1920, she was shot and killed by her husband, Charles Miller, who at that time was the beneficiary named in the policy. The only question raised by the defendant is whether said administrator is entitled to the proceeds of the policy, the insured havi...
Views: 6
This is an action of contract by a custom house broker to recover certain duties paid by it and expenses and commissions due it. The defendant is a banking corporation engaged in financing the importation of foreign goods. An importer, G. J. Tsivoglou, Inc., applied to the defendant for credit for the purchase of nuts from the Asia Banking Corporation. Credit was given as requested and on its fait...
Views: 4
Defendant was charged in a bill of information, under two counts, with, first, unlawfully holding himself out to the public as having received a certificate from *351the state board of accountants to practice as an expert accountant; and, second, of having practiced as a certified public accountant and using the abbreviation “C. P. A.,” to indicate that he was such, without first having obtained t...
Views: 8
The plaintiff was employed as a waitress in a lunch room run by one Abraham, for which she was paid thirty dollars a week and furnished board *471 and lodging. On the 4th of May, 1918, she received from her employer, as part of her lunch, a piece of cake which had been made and sold to him.by defendant. While she was eating it a nail, baked into the cake in such a way that it could...
Views: 2

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