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Opinions in alr Volume 59

delivered the opinion of the Court. Plaintiff in error, a .national' banking association doing business in Wisconsin, brought suit in the circuit court of Washington County, Wisconsin,, to recover from the defendant in error, the City of Hartford, a tax assessed and paid for the year 1921 upon shares, of stock in plaintiff bank, on the ground that the assessment and. tax were prohibited by § 52...
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On September 23, 1927, the defendant, Harold Emmons, left his home in Portland, Oregon, and proceeded to Seattle, Washington, for the purpose of visiting his sister, who was a resident of that city, intending to return to his home on Monday, September 26th. On the evening of Saturday, September 24, 1927, defendant, in operating an automobile in the city of Seattle, collided with an automobile driv...
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STACY, C. J., did not sit. The plaintiff is the clerk of the Superior Court of Cumberland County, and the defendant, Lola v. Walker, is executrix of the last will and testament of W. M. Walker, former clerk of the Superior Court of said county, and the defendant, United States Fidelity Guaranty Company, executed the official bonds given by said Walker. The question was referred to a referee, who ...
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It is questionable whether in cases involving the death of a resident of the state a showing of any assets remaining at the time of the decease is necessary. In the instant case more was shown than indeed had to be shown under the authorities, inasmuch as it was proven to the lower court on the hearing of the application for letters not only that there was "a mere claim or right to enforce some cl...
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This is one of the many cases arising in Kansas City, and growing out of the discharge of employees who claim to hold positions under Civil Service provisions of the then existing charter and ordinances of Kansas City. The relator, Gallagher, claims to have held the position of meter mechanic in the Meter Division under the Board of Fire and Water Commissioners. The place paid $6.80 per day for th...
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This record presents certain complex questions of law controlled by federal decisions. The facts, however, are not in dispute and appear from the judgment-roll to be substantially as follows: On June 26, 1925, plaintiff below was the holder of a passenger ticket entitling her to transportation in interstate commerce over defendant's railway system from the city of Lodi, state of California, to the...
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ON REHEARING. Upon a rehearing En Banc, a majority of the court adheres to the opinion heretofore filed herein, and reported in 146 Wn. 416,263 P. 178. The judgment is therefore affirmed. *Page 704 ...
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This was a replevin action. The cause came on for trial before the court and a jury. At the conclusion of the evidence, defendants made a motion that the jury be directed to find in favor of the defendants as to their right to the possession of the automobile truck in question; that, if the possession could not be delivered, the jury should then find the value of the automobile and assess the dama...
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The plaintiff received serious physical injuries, and her husband was killed, in a collision between a motor truck driven by plaintiff's husband and a taxicab operated by an employee of defendant company. The plaintiff and her husband were only *Page 529 20 years of age, and had been married a little over a month. The husband was on his usual rounds, delivering bread to his customers, and his you...
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1 Reported in 221 N.W. 721. The defendant George L. Hanson, as administrator of the estate of Peter E. Quady, deceased, appeals from the judgment awarding the defendant Laura M. Quady the amount of a beneficiary certificate paid into court by plaintiff, a fraternal beneficiary association, interpleading the two defendants, rival claimants of the amount. Each defendant moved for judgment on the ple...
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This was an action of assumpsit by the plaintiffs, J. W. Huff and Jennie Huff, to recover from the defendant, Norfolk Western Railway Company, $625.00, representing one-half of a benefit in the Relief and Pension Department of the railway company, arising by reason of the death of one of its employees, Delbert B. Huff, the son of the plaintiffs. Upon the filing of an affidavit of disclaimer by th...
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July 5, 1928. The opinion of the Court was delivered by The complaint alleged that the defendant was indebted to the plaintiffs on a promissory note signed, not by the defendant, but by one Henry McCally. The defendant was not a party to this note, either as maker, co-maker, indorser or guarantor. At the trial the plaintiff's attorney, realizing that he could not possibly recover on such a complai...
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The action is by the purchaser of lands under executory contract for refund of earnest money paid, the transaction not having been consummated. By the contract, dated December 23, 1925, the purchase price was $13,400. $1,000 was paid cash, and $1,000 was to be paid February 1, 1926. These were advance payments in the nature of earnest money. On March 1, 1926, $4,700 was to be paid, with interest o...
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Plaintiff is a corporation engaged in the business of teaching by correspondence through the mails. Its principal office is in the city of Chicago, and it operates agencies in other cities throughout the country for the purpose of promoting its business. Defendant is a resident of the city of New Orleans, and on November 14, 1923, he signed an application for membership in the plaintiff society, e...
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* Corpus Juris-Cyc. References: Chattel Mortgages, 11CJ, p. 429, n. 45; p. 581, n. 28; Evidence, 22CJ, p. 187, n. 10; Fraudulent Conveyances, 27CJ, p. 879, n. 88; Partnership, 30Cyc, p. 444, n. 20; p. 548, n. 22; On statutory requirements as to notice to creditors under Bulk Sales Law, see annotation in L.R.A. 1917F, 230; 12 R.C.L. 525. As to validity and effect of chattel mortgage on partner's in...
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The appellant, Bailey Shumate, as plaintiff below, sued Bernard M. Bridget and the executors of Samuel Rosenthal, deceased, for damages because of an alleged breach of a contract of employment theretofore existing between the plaintiff and the partnership firm of Bridget So Rosenthal. In the amended declaration the plaintiff claimed damages against Bridget alone, because of the breach of the same ...
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delivered the opinion of the court. This action, which is a sequel to the case of Miller Mfg. Co. v. Loving, 125 Va. 255, 99 S. E. 591, was brought by the Miller Manufacturing Company v. Aetna Life Insurance Company to recover the sum of $6,350.00, alleged to be due by virtue of a policy of insurance issued to the plaintiff by the defendant, dated June 29, 1917. The policy was known as “Manufactur...
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Defendant is the widow of Lee C. Hunter, who died intestate January 25, 1926. His estate was insufficient to pay his funeral expenses and the widow's allowance. At the time of his death plaintiff bank held his note for $3,700, with 50 shares of the capital stock of the Hunter Company as collateral. This company was insolvent but was still doing business when the note was given; afterwards it was p...
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delivered the opinion of the court. William R. Gillespie, of Bronxville, New York, the holder of $450,000.00 payable to bearer bonds, secured by deed of trust on a certain apartment house in the city of Richmond, instituted this proceeding by a bill for foreclosure filed in the Law and Equity Court of the city of Richmond on the first January Rules, 1927. The Stuart Court Realty Corporation, made ...
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Mandamus is the process to review interlocutory orders fixing temporary allowances of the wife in divorce suits. Brady v. Brady, 144 Ala. 414, 39 So. 237; Ex parte Edwards, 183 Ala. 659,62 So. 775; Ex parte Jackson, 212 Ala. 496, 103 So. 558; Ex parte Hilton, 213 Ala. 573, 105 So. 647; Rogers v. Rogers,215 Ala. 259, 110 So. 141; Ex parte Wood, 215 Ala. 280,110 So. 409; Ex parte Tower Mfg. Co., 103...
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C. J. Watson was indicted in the Crawford Circuit Court for the crime of murder in the first degree in the killing of one Jim Jackson. He was also indicted for the crime of murder in the first degree in the killing of one Henry Hamm. There was a change of venue to the Ozark District of Franklin County, where Watson was tried for killing Jim Jackson. He was convicted of murder in the second degree,...
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It is conceded that the injury occurred on the employer's premises and during the time for which the employee was paid. It is also conceded that the employer permitted Ahern to go to any other department of the store for the purpose of purchasing articles for her own personal use at a discount from the general sales price, and that the employee at the time of her injury was exercising this privile...
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The defendant, a corporation, has been found guilty of grand larceny, second degree, and fined $5,000. The argument presented here is that a cor *162 poration cannot commit the crime of larceny as it is impossible for a corporation as such to have intent to steal or misappropriate property. We think this question has been fairly well settled to the contrary. (Penal Law, secs. ...
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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 58 In Banc. Administratrix of the estate of Vandalia Williams Green, deceased, prosecutes this action to recover damages for personal injuries sustained by decedent through the alleged negligence of the defendant. On November 7, 1925, at about 5:30 in the eve...
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1 Reported in 213 N.W. 557. Action by Charles Szroka as father of his minor son Joseph Szroka, ten years old, to recover for injuries sustained by his coming into contact with a telephone wire in the streets of Minneapolis. Negligence is claimed on the part of the defendant telephone company, the defendant electric company, and the defendant city. The city demurred to the complaint. Its demurrer w...
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This is an appeal from an order directing that the trustee in bankruptcy of the Baltimore Shoe House, Inc., return to the petitioner, the Ohio Shoe Company, certain shoes in his possession as trustee. Return of the shoes was asked on the ground that bankrupt had obtained -them by fraud and false representations as to its financial condition, that petitioner elected to *385 rescind ...
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Relator filed an original application before this Court for a writ of habeas corpus alleging that he is illegally restrained by the Superintendent of the county poor farm of Smith County. The facts with reference to his restraint show that he pleaded guilty on May 8, 1926, to the offense of sending threatening letters and his punishment was assessed at a fine of $100.00 and ninety days in jail. Th...
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This appeal is from a judgment in favor of the defendants after a directed verdict given and made by order of the court on motion of the defendants at the close of the trial. The action was one to recover damages for injuries sustained by plaintiff while walking upon a wooden driveway superimposed upon the sidewalk in front of the property owned by the defendant Mary J. Claasen, and at the time of...
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Respondent brought action against the Commercial State Bank, insolvent, and the state commissioner of finance in charge thereof, to compel classification of a claim against the bank as a trust fund under 1921 Sess. Laws, chap. 42, sec. 13, subd. 2, instead of classification as a general deposit under subd. 3. Respondent was engaged in loaning money on city property in Burley and was represented in...
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Reversing. In this action the appellant claims by his pleadings that between December 6, 1916, and May 25, 1923, inclusive, he deposited with the appellee, during its banking hours, various sums of money aggregating $80,000, all of which sums the appellee received from him for such deposit under the usual banking agreement to properly account to him for the same and to repay the same to him or to ...
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Plaintiff in error (plaintiff), a passenger on defendant’s train, was injured when the train of eleven ears ran into an open switch l1/^ miles west of the town of Aviston, Ill., at 10:47 on the night of October 3, 1924. About 9:30 that evening a freight train passed through that switch, going west. The switch was properly closed and locked behind the freight train, and had burning up...
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THE COURT. This is an appeal from a judgment entered upon the verdict of a jury awarding damages to the plaintiff in the sum of two thousand dollars for personal injuries alleged to have been incurred on September 28, 1922, by reason of the negligence of the defendants. At the time of his injury the plaintiff was engaged as a carpenter in the construction of a residence building in the city of Los...
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Sarah A. Davenport, of Boston, was the beneficiary under the will of her husband, Orlando H. Davenport,, who died on the 11th day of January, 1915. The will provided that the residue of the decedent’s estate should be held in trust, and, after payment of expenses of administering the trust, the income was to be paid over to Sarah A. Davenport, for and during her life, and that the provision made ...
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delivered the opinion of the court. William H. Bland was a ship carpenter, employed by Colonna Shipyard, Incorporated. He sustained serious, and permanent injuries to his head, hips and back by-falling from a ship’s ladder while acting in obedience to. orders of his employer and in the course of his work. He has recovered a substantial verdict against the' defendant, Colonna Shipyard, Incorporated...
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The plaintiff contends that that part of the ordinance known as the Housing Code of the City of Portland set out in our statement is *Page 681 unconstitutional, in that it is a violation of the Fourteenth Amendment of the Constitution of the United States, and of Sections 1, 18 and 21, Article I, of the Oregon Constitution, and that the ordinance is arbitrary and not a proper exercise of the poli...
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These two cases are in all respects alike and have been presented together. They have been presented upon petitions and returns in review proceedings, which, under the peculiar circumstances of the cases, we think is the proper remedy. *Page 271 The relators, Harold Echtle and Charles Sallee, were each separately charged by information with the crime of carnally knowing a female child thirteen ye...
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Mrs. Theckla Springer, plaintiff in error, as plaintiff below, brought suit in the district court of Bryan county against D. W. Cobb, Maggie Cobb, and First Trust Joint Stock Land Bank of Dallas, Tex., defendants in error and defendants below. The plaintiff purchased through the Conservative Loan Company of Shawnee, a note in the sum of $1,000, secured by a mortgage on land in Bryan county. Richar...
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The defendant, Lois Leftwich, was charged by information filed in the superior court for Thurston county with the violation of the provisions of chapter 75, p. 229, Laws of 1923, known as the "Barbers License Act." [Rem. 1923 Sup., § 8277-1 et seq.] The language of the title and provisions of the act to be here particularly noticed is as follows: "AN ACT relating to the practice of the occupation ...
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The defendant McCarthy is the owner of the west half of section 21, township 162, range 93, and on March 17, 1921, executed a farm contract, Exhibit "A" with his codefendants for the farming of this land for the years 1921 to 1925, inclusive, under the usual cropper's contract and at the same time he and his codefendants and one H.J. Hjermstad entered into the written contract known as Exhibit "B,...
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James E. Brady and Arthur J. Baxter, together with certain other persons, were charged by indictment with, violations of sections 215 and 37 of the Penal Code (USCA tit. 18, §§ 338 and 88). The indictment contained sixty-six counts. The first sixty-five counts charged violations of section 215, and the sixty-sixth count charged a violation of section 37 of the Penal Code. Brady and Baxter were tr...
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By verdict of the jury, the *Page 73 defendant in error, Fred L. Riley, herein designated as plaintiff, secured a judgment of $300 against the plaintiff in error, C. B. Whitworth, defendant below, as damages resultant of a collision of plaintiff's automobile with that of defendant. In his petition plaintiff alleged in substance as his cause of action that, with his wife, mother, and a friend, he ...
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The plaintiff was the owner of a lot of land at the corner of Prospect and Edwards streets in the town of East Hartford, on which stood a dwelling-house then in the process of construction but practically finished. In the rear of the land upon which this house stood, he owned other land upon which another house was located. He and the defendant entered into an oral contract whereby, as it is state...
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The action is on a policy of burglary insurance. The policy provides: -THE MASSACHUSETTS BONDING & INSURANCE COMPANY,, hereinafter called the Company, in consideration *388 of the payment of the premium and of the statements contained in the schedule hereof, which statements the assured makes on the acceptance of this policy and warrants to be true, hereby agrees to indemnity,...
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The question raised by the exceptions is whether the findings are supported by any substantial evidence. The maintenance of the church and society in conformity with the requirements stated in the will is a matter of fact. Carter v. Savings Bank, 70 N.H. 456. If there was visible maintenance of the Advent doctrines through the medium of public services it is sufficient. The visibility of the churc...
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delivered the opinion of the Court. This case came here from the court of appeals on certificate submitting certain questions upon which that court desired instruction. Upon an order requiring it, the entire record has been sent up for consideration. Judicial Code, § 239, as amended February 13, 1925, by c. 229, 43 Stat. 936, 938. Suit was brought, by the United States on March 11, 1925, in t...
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Phoenix Title Trust Company, a corporation, hereinafter called appellant, brought suit to foreclose a certain mortgage on lot 8, block 5, East Globe, Gila county, Arizona. There were various defendants made parties to the suit, among them Old Dominion Company, a corporation, which we will hereafter call appellee, as the other defendants defaulted or the action was dismissed as to them. There is n...
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Ida A. Flagler, the incompetent, is a widow, seventy-eight years of age. She has no descendants. She is incurably insane. Her estate, as shown by the account of her committee, filed February 21st, 1927, is valued at more than eleven million dollars and her annual income is not far from five hundred thousand dollars. The most liberal provision for her benefit, comfort or enjoyment cannot conceivab...
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These two appeals were heard together upon a single record and will be so disposed of in this court. The litigation involves the properties of the Columbia Railway, Gas & Electric Company, and the operation of the same, and arises particularly in the bankruptcy proceeding pending in the United States District Court for the Eastern District of South Carolina, and upon the orders and decrees seek...
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* Corpus Juris-Cyc. References: Husband and Wife, 30CJ, p. 973, n. 62; On the general rule as to wife's right of action for loss of consortium, see annotation in 24 L.R.A. (N.S.) 1024; L.R.A. 1916E 703; 5 A.L.R. 1049; 18 A.L.R. 882; 37 A.L.R. 897; 13 R.C.L. 1444; 4 R.C.L. Supp. 862; 6 R.C.L. 787. Cecil Nash, husband of appellant, sustained a personal injury due to one of appellee's trains collidin...
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Martha A. Gaines owned real property on the corner of Jane street and Eighth avenue, in the borough of Manhattan. In the year 1923 it was in the market and the president of plaintiff, which is a real estate broker, approached the owner and drafted a letter which he addressed to his corporation and which was signed by Mrs. Gaines. In this letter she authorized plaintiff to act as her broker and na...
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* Homicide by negligent operation of automobile, see annotation in 30 L.R.A. (N.S.) 458; 33 L.R.A. (N.S.) 403; L.R.A. 1918B, 957; 1 R.C.L. 1212. The plaintiff in error was charged with driving an automobile while under the influence of an intoxicant and running said car over James A. Goddard, thereby causing the death of the latter, upon the streets of Maryville. There was a verdict of involuntary...
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FRENCH and ASKREN, JJ., dissent. The defendant, Mrs. Hopkins, was by information filed in the superior court for King county jointly, with one John Doe, charged with the crime of manslaughter. The information charges, in substance, that John Doe, his true name being unknown, by his wilful, reckless and unlawful driving of an automobile on a public highway in King county, caused the death of Lois A...
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The Detroit Metropolitan Corporation had a 99-year lease of certain real estate in the city of Detroit, Wayne county, Michigan. It put out an issue of bonds in the sum of $2,000,000 secured by a mortgage on its lease. The plaintiff was named trustee of the issue. The register of deeds of Wayne county refused to record the trust mortgage without the payment of the specific tax required by Act No. 9...
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From a careful consideration of the testimony and the briefs presented on the appeal, we are of the opinion that the evidence supports the decree rendered by the learned judge of the Circuit Court. It would be of no benefit to the profession or any other person to set out the testimony adduced. The ground alleged in both the complaint and answer is cruel and inhuman treatment. The allegations of p...
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These two cases arose under the Georgia workmen’s compensation act. Both are death cases. Emil Huhn and Frank Beiger were killed in the same accident, and their eases are alike, with the exception that Huhn was driving the automobile which turned over, while Beiger was sitting on the front seat with him; so that the record in one case, with the exception stated, is like the record in the other cas...
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This is a proceeding under the workmen’s compensation law of Nebraska for injuries sustained by the employee, Long, while in the employ .of Watts on a paving job at Hiawatha, Kansas. The employee, Long, will be referred to as the plaintiff, and the employer, Watts, as the defendant. The facts and circumstances giving rise to the claim are substantially as follows: Watts was a paving contractor, re...
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This action was instituted by the administrator of the estate of Minnie P. Canada, deceased, for the recovery of damages alleged to have been caused by the *Page 172 negligence of defendants at a grade crossing accident which resulted in the death of Minnie P. Canada. Judgment below was for plaintiff in the sum of $3,470.50, and against the railroad company. The deceased was the wife of Wiley G. ...
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The opinion of the court was delivered by The action was one by a mother as next of kin to recover damages for death of her son. A demurrer to plaintiff’s evidence was sustained, and she appeals. The automobile in which Ferdinand Atkin and his wife were riding was struck by one of defendant’s trains on a highway crossing at about 10:50 a. m. on October 16, 1925. Atkin and his wife were fatally in...
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delivered the opinion of the Court. Anderson was killed instantly while employed in interstate commerce by the Chicago, Burlington & Quincy *162 Railroad. Wells-Dickey Trust Company was appointed special administrator and brought, in a state court of Minnesota, this action under the Federal Employers’ Liability Act, April 22, 1908, c. 149, § 1, 35 Stat. 65; United States Code,...
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This case comes before us upon exception by the plaintiff to the ruling of the trial court in discharging the trustee. The facts are not in dispute. They have been agreed upon. The trustee, E.A. Bemis, is the administrator of the estate of Marie Louise Chase. The defendant is her surviving husband, and her sole heir at law. The writ in the suit of the plaintiff was served upon the trustee on July ...
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This is an action for malpractice against a physician who is an eye specialist. A small sliver of steel entered the plaintiff's left eye January 31, 1924; he employed the defendant to attend to the injury and at that time informed the latter that he believed an *Page 162 object had entered his eye. The defendant made an examination which convinced him that the plaintiff was mistaken; he bandaged ...
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This is a bill of equitable replevin, brought in behalf of The Republic of Greece, to recover possession of certain articles of great historical and archaeological value which, the bill alleges, the defendant Koukouras has so concealed, secreted and hidden that they cannot be replevied. After the filing of the answer, on motion the judge ordered the plaintiff to furnish the defendant “with a copy ...
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Appellee brought this suit against Edgar P. Johnson, the guardian of W. E. Johnson, an insane person, to recover the sum alleged to be due upon a promissory note dated January 16, 1915, for $1,000, executed by W. E. Johnson to appellee's order. Indorsed on the back of the note were the following credits: "Received on within note $56.50, February 23, 1918." "Received on the within note $100, March ...
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Appellee, W. R. Littleton, is the father of the other appellee, Henry Littleton, a boy 14 years of age in 1925. Prior to December 10, 1925, Henry Littleton had been visiting with his brother, Earle, in Vicksburg, Mississippi, where he contracted typhoid fever, and was confined for some weeks in a hospital. After being discharged from the hospital, he stayed with his brother some three or four week...
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The opinion of the court was delivered by The state condemned a tract of land forming the site of the historic Shawnee Mission, in what is now Johnson county, Kansas, and certain of the landowners appeal from the judgment of condemnation. In 1921 the legislature passed an act which reads as follows: “That the power of eminent domain shall extend to any tract or parcel of land in the state of Kansa...
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On July i, 1919, Verne Beebe entered into a contract with the defendant Nick Evans to sell the northeast quarter, and the northeast quarter of the northwest quarter and the east half of the northwest quarter of the northwest quarter of section 36, township 107, range 48, representing that he was the owner of the land. ' The contract provided that if Evans should make the payments and! perform the ...
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Reversing. On March 3, 1926, H.D. Peters deposited $1,975 of his money in the name of his son, appellee, Emery *Page 494 Peters, in the Winchester Bank, of Winchester, Ky. He died in June following. This action was instituted by appellant, as his administrator, to recover from appellee, Emery Peters, this $1,975, subject to a credit of $125 paid by the latter on the burial expenses of deceased. A...
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Plaintiff leased to defendant a seven-story building in the city of New York for a term of twenty-one years and two months, commencing August 1, 1924, and finding October 1, 1945, at a rent of $72,000 a year, payable monthly in advance, for the first five years together with all taxes, assessments, insurance charges and other expenses incidental to the maintenance and management of the building...
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This is an action on a promissory note brought by an indorsee against the makers. All defences except failure of consideration were waived at the trial in the Municipal Court of the City of Boston. The case is before us upon an appeal from an order of the Appellate Division dismissing a report, and thereby sustaining a finding for the defendants. The note was secured by a mortgage of land in Canto...
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An original proceeding in certiorari, wherein the relator prays this court to quash an assessment for taxes for June, 1925, approved by the respondents, constituting the Board of Equalization for the City of St. Louis. On the petition and return the relator filed a motion for judgment. After a former hearing and ruling by this court a motion for rehearing was sustained, the case reargued and again...
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The relator brings this proceeding to quash the record of the Board of Equalization of the City of St. Louis. Relator in its statement for taxation, June 1, 1925, listed its taxable assets at $288,145.01. The matter came before the Board of Equalization of the City of St. Louis and the amount of taxable assets of the relator was found to be $500,000, and it was assessed accordingly. On a hearing b...
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On December 1, 1925, Fred W. Fitch, the appellant, who was the plaintiff in the lower court, brought this appeal from a dismissal of his action in the district court for Douglas county, Nebraska. The plaintiff, who was and is a practicing lawyer in the city of Omaha, brought an action for malicious and defamatory libel against the Daily News Publishing Company of Omaha, defendant in the court belo...
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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 137 This is an action of malpractice brought against a surgeon. July 14, 1925, the defendant performed upon the plaintiff an abdominal surgical operation. It is agreed that he left in the plaintiff's abdominal section a surgical sponge. August 17, 1925, he ma...
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It was error to hold that due proof to the company of insured's disability before default in payment of premium was excused by the fact that insured had become non compos mentis before default. Watts v. Metropolitan Ins. Co., 211 Ala. 404,100 So. 812; N Y *Page 309 L. Ins. Co. v. Alexander, 122 Miss. 813, 85 So. 93, 15 A.L.R. 314; Hipp v. Fidelity Mut. L. I. Co., 128 Ga. 491, 57 S.E. 892, 12 L.R....
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This was an action for actionable negligence brought by plaintiff against defendants. Plaintiff is a carpenter of twelve years experience, and was employed by defendants to help build an apartment house for which defendants had the contract. C. A. Hamilton was foreman in charge of the work. Plaintiff was working under him. Defendant, M. R. Ritch, as to the foreman's authority, testified, "They cou...
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Federal jurisdiction is based on diversity of citizenship. The complaint sets forth that plaintiff owns all the capital stock of the Pearsall Company, having acquired the same as executrix and sole legatee under the will of her deceased husband; that the only business of the Pearsall Company was to resell products purchased by it from defendant; that prior to Mr. Green’s death, and at a time wh...
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1. The answer filed on behalf of the defendant, Phillips Exeter Academy, contains requests for advice upon three questions in addition to those submitted by the executors. Since "bills for direction and advice are maintainable only by fiduciaries" (McAllister v. Elliot, ante, 225), and since "questions are prospectively determined by a court of equity only in behalf of trustees who in the executio...
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STATEMENT OF FACTS. W. E. Plant sued E. A. Robbins, W. L. Robbins and E. Blackburn to recover $10,000 damages for the alleged breach of contract by the defendants not to enter into competition with the plaintiff in the gin business or to aid or assist any one else in doing so for a period of twenty years in Kentucky Township, White County, Arkansas. The defendants denied aiding and assisting any o...
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* Corpus Juris-Cyc References: Constitutional Law, 12CJ, p. 1204, n. 80. Criminal Law, 16CJ, p. 261, n. 12. Former jeopardy in retrial on higher charge after setting aside verdict for lower charge, see notes in 5 L.R.A. (N.S.) 571; 22 L.R.A. (N.S.) 959; 8 R.C.L., p. 161; 2 R.C.L. Supp. 566; 4 R.C.L. Supp., p. 532; 5 R.C.L. Supp., p. 448. The appellant, Ethel Jones, was tried at the October term, 1...
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1 Reported in 216 N.W. 790. Defendants appealed from an order denying their alternative motion for judgment non obstante or a new trial. The action is to recover money paid upon the purchase price of a Fordson tractor, a two-wheel truck used as a trailer, a connecting hitch and a hydraulic hoist for unloading. 1 and 2. The contract of sale contained a printed provision: "No warranties have been ma...
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The opinion of the court was delivered by The Illinois Zinc Company brought this action to recover for a balance alleged to be due for zinc shingles and accessories sold and delivered to the defendant, C. Y. Semple. The plaintiff prevailed, and judgment was rendered against defendant for $10,683.68. Defendant appeals. There is no substantial question as to the goods sold and delivered and the pri...
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delivered the opinion of the court. The Universal Motor Company, with its chief office in Richmond, sold to T. N. Snow, through its salesman, H. W. George, a mill for grinding grain known as a Jay Bee Mill. This mill was to be substituted for an *692ordinary burr mill then in use by Snow. The order given for the mill, dated July 14, 1924, was as follows.: “Sold to T. N. Snow “City Lennig, P. O. St...
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The complaint alleges: . “Fourth. That on or about the 12th day of May, 1922, an agent of the defendant called at the office of the Galloway *340West Company in the city of Fond du Lac, and solicited that the Galloway West Company buy from the defendant certain chain, well knowing that the Galloway West Company in and about its usual business was engaged in the lifting and transportation of heavy ...
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This suit was brought by appellant against appellee in the municipal court of Texarkana to recover a balance upon open account showing a balance due of $65.10, after allowing credits of all payments which had been made to it. Appellees filed a counterclaim in the sum of $127.39 for tires in the lot which were not merchantable and reasonably fit for the purposes intended, basing their claim upon an...
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This is an action of trespass on the case brought against the defendant as city treasurer of the city of Providence to recover damages for injury to the plaintiffs' property alleged to have been caused by the action of the city in making an excavation in front of the plaintiffs' land on Branch avenue in Providence for the purpose of repairing a public sewer. The case was tried before a justice of ...
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Plaintiff was standing on a platform of defendant’s railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station, bound for another place. Two men ran forward to catch it. One of the men .reached the platform of the car without mishap, though the train was already moving. The other man, carrying a package, jumped aboard the car, but seemed unsteady as if about to fall....
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Motion for reargument. If we assume that the plaintiff was nearer the scene of the explosion than the prevailing opinion would suggest, she was not so near that injury from a falling package, not known to contain explosives, would be within the range of reasonable prevision. The motion should be denied, with ten dollars costs and necessary printing disbursements. Cardozo, Ch. J., Pound, Leh...
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This is an appeal by Louis Winthrop, a member of the bar of this state, from a judgment of the superior court for King county adjudging him guilty of contempt of that court, and that he be punished therefor by a fine of $25, and be imprisoned in the county jail until the fine is paid. The judgment is rested upon the theory that the conduct of appellant which the judge of the superior court regarde...
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(after stating the facts as above). Section 200 of the Revenue Act of 1918 (Comp. St. § 6336%a) defines the term “personal service corporation” as “a corporation whose income is to be ascribed primarily to the activities of the principal owners or stockholders who are themselves regularly engaged in the active conduct of the affairs of the corporation and in which capital (whether invested or borr...
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Action to recover damages for trespass upon land and to enjoin and restrain defendants perpetually from entering upon said land, for the purpose of building fences or erecting buildings thereon; or for the purpose of cultivating the same. From order continuing a temporary restraining order to the final hearing, defendants appealed to the Supreme Court. Plaintiffs are the owners in fee of a certain...
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This was an action instituted by Winnie G. Dodge, as beneficiary under a policy of insurance issued by the Mutual Life Insurance Company of New York on the life of her deceased husband, Dr. Geo. F. Dodge. The policy sued on was for the sum of $10,000, with double indemnity in case of accidental death. The company paid the $10,000, hut contested its liability under the double indemnity provision...
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June 1, 1928. The opinion of the Court was delivered by This is an action for damages, in the sum of $16,591, on account of the alleged breach of a contract entered into by and between the deceased testator of the defendant executors, L.W. Jenkins, and the plaintiff, L.L. White, to devise to the plaintiff a certain tract of land. It needs to be emphasized at the outset that it is not an action for...
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The plaintiff, as assignee of certain alleged claims against the defendants, instituted this action to enforce the collection of said claims. The defendant Boston Acme Development Company is an Arizona corporation, and the defendant Boston Acme Mines Corporation is a Delaware corporation. These companies will hereinafter be called the development company and the mines company. It is alleged in the...
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These two eases involve the same questions of law and practically the same facts, and may be disposed of in one opinion. It appears that the Shoreland Company, a Florida corporation, owned a tract of land in Dado county, Florida, on Biseayne Bay, and was engaged in filling it, by pumping sand and other material from the bottom of the bay. For the purpose of doing this work the Shoreland Company...
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This appeal is from a judgment entered upon a verdict of a jury in favor of the plaintiff in an action for personal injuries. The appellant corporation is engaged in the steamboat business on Puget Sound carrying passengers and freight between Eagle Harbor and Seattle. On December 5, 1926, the respondent, as a passenger for hire, started to board the appellant's steamer, the "Bainbridge," at a lan...
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This is an action brought by a stockholder against a corporation, to compel the corporation to permit the stockholder to make an examination of the books and papers and take copies thereof. David N. Rosenbaum owns 20 shares of the capital stock of the American Mortgage Company. The day this stock was transferred to his name on the books of the company, he demanded the privilege of making an examin...
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The opinion of the court was delivered by David Smolinsky brought this action against the Federal Reserve Life Insurance Company to recover upon a judgment which had been rendered in his favor against the insurance company by a circuit court of Missouri. The trial in the Kansas court resulted in a judgment for defendant, from which plaintiff appeals, alleging error in the admission of evidence an...
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Argued April 10, 1928. The matter here for decision is the proper interpretation of the following provision in the will of John Stoler: "I give, devise and bequeath all my property, real, personal and mixed to my wife Melissa C. Stoler for and *Page 435 during the period of her natural life. At her death I give, devise and bequeath the same to my next of kin to be divided among them in accordance...
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The complaint sets forth memoranda of contracts between the plaintiff Franklin Sugar Refining Company and the defendant Stanislaus Lipowicz, purporting to obligate the latter to buy from the former a quantity of sugar; a refusal by Lipowicz to receive certain deliveries of sugar; an assignment by Lipowicz to the defendant Union Liberty Company of his sugar business; an assumption by that compan...
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The scope of the inquiry required by defendant's assignments of error depends to a considerable extent upon the status of and the effect properly to be accorded to the "disclosure" filed by the garnishee. The trial court in denying the plaintiff's motions to strike it out and to expunge ruled that while it "is not to be considered, for the present at least, a pleading, and its allegations have not...
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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 530 This is an original proceeding in mandamus, to require the defendant, Honorable GEORGE TAZWELL, *Page 531 Judge of the Circuit Court for Multnomah County, to entertain jurisdiction of an action commenced by the relator Adolph Kahn against the New York Li...
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Are a husband and his wife jointly liable in this State for her independent tort, committed by the wife in negligently driving and operating an automobile, not in the business of the husband, but without his consent, command, or participation; there being no allegation in the petition brought by the injured party against both the husband and wife, to recover damages, that the automobile belonged t...
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The action is brought to recover on two certificates of deposit, one for $25,000 and one for $50,000. Both certificates are in the same form. The one for $25,000 reads as follows: “ Certificate of Deposit “ Not subject to check. “ The Central Mercantile Bank of New York “ No. 201 New York, March 5th, 1926. “ Charles W. Owen has deposited in ...
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THE COURT. The petition for a hearing in this court after decision by the district court of appeal, second appellate district, division two, was granted. Further consideration of the record and of the points involved has persuaded us of the correctness of the conclusions expressed by the district court of appeal. We therefore adopt the opinion of the district court of appeal, of which Mr. Justice ...
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This appeal is by the plaintiff from a judgment entered upon an order sustaining the defendants' demurrer to the plaintiff's amended complaint without leave to amend. The action was one commenced by the plaintiff on his own behalf and also as the assignee of one A.M. Johnson, who prior thereto had assigned and transferred to said plaintiff all of his right, title, and interest in the claim and dem...
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In each of the above entitled suits in equity the complainant as trustee is seeking instruction as to the disposition of a trust estate. Each of the causes being in the Superior Court ready for hearing for final decree has been certified to this court for determination. The same questions are at issue in both and the causes have been heard together. The first of these suits relates to a trust crea...
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The defendant in error. Continental Supply Company, was plaintiff, and the plaintiffs in error were defendants in the trial court, and the parties will be designated herein as they appeared in that court. The plaintiff brought its action in the district court of Stephens county to recover the contract price of certain oil well casing which it alleged had been sold and delivered to the defendants a...
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The respondents were convicted in the Barre city court of a violation of the provision of Act No. 215 of the *Page 303 Laws of 1921, which reads as follows: "A person shall not between twelve o'clock Saturday night and twelve o'clock the following Sunday night, exercise any secular business or employment, except works of necessity or charity." The undisputed evidence upon which the conviction was...
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William J. Agnew died at Bancroft, Kingsbury county, S. D., January 3.1, 1925. On May 12, 1925, an order of the county court of said county was made appointing John E.' Agnew, a brother of said deceased, as administrator of said estate. Deceased left an estate in said county of approximately $100,000. On June 30, 1925, Ida M. Agnew filed in the county court a petition for family allowance, represe...
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The bill of exceptions was presented to the trial judge more than 90 days after the verdict and judgment, but within 90 days of the judgment overruling the motion for a new trial. Appellee objects to the consideration of assignments of error based upon rulings at the trial, but not set out as grounds of error in the motion for a new trial, judgment upon which was delayed for more than a year after...
Views: 6

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