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THE MUSIC TRADE REVIEW.
278
make bond," was delivered to the Frontier Com-
pany, at Bel ton, Tex., by plaintiff's attorney to
PARTNERSHIP—CREDIT—LIABILITY.
be transmitted to plaintiff's attorney at St. Louis.
The Texas Court of Appeals held, in the re- The Frontier Company promptly sent the mes-
cent case of Milmo National Bank vs. Carter et sage to the Western Union at connection, and
al., that when credit is extended to a firm upon by the latter company it was forwarded. The
the assumption that certain persons comprise court held that as the Western Union Company
the membership, and such assumption is in received the message and transmitted it to St.
point of fact correct, the members of such firm St. Louis it rested under the implied obligation
are liable to the creditor for future dealings with to do so with the same diligence and expedition
the firm until notice of dissolution is given to as if it had expressly agreed to transmit it, and
the creditor, but that this rule does not apply to that this was so whether the Frontier Company
partners who are regarded in law as dormant or was to be considered as the agent of the West-
secret partners, for no credit is extended upon ern Union Company or of the sender in deliver-
the faith of their membership. In the case be- ing the message to the connecting line ; that the
fore the court, it appearing that the bank was contract being for their benefit, Martin & Co.
notified that a certain person was a partner of had a right to sue, and having transferred their
the firm at the time the account was opened, it cause of action to plaintiff, he could maintain
was held that he could not claim that he was a an action. It was further held that the message
was sufficient on its face to indicate to the
dormant partner.
company
that Martin & Co. held a pecuniary
TRADE-MARK—REGISTRATION.
claim against Woodworth; that there was
In the case of Richter vs. Anchor Remedy danger of its loss through insolvency of the
Company, recently decided by the United States debtor, and that prompt delivery was necessary
Circuit Court of Appeals, and reported in the to avert such loss, and that if the defendant was
Legal News of Chicago, it appears that a '' repre- guilty of negligence in the transmission of the
sentation of a red anchor in a white oval space message, and if, as a result of such negligence,
or field '' was registered by the plaintiff as a plaintiff lost his debt, he was entitled to recover
trade-mark in the United States Patent Office. the full amount of such debt.
Defendants, engaged in the medicine business,
CONSTITUTIONAL LAW—LOCAL ASSESSMENTS.
used with their business name and place of
manufacture the emblem of a black anchor.
The Supreme Court of Colorado held, in the
Upon a bill filed to restrain the defendants from case of The City of Denver vs. Knowles, that
using the word anchor and symbol, the court the power to make local assessments was not an
held that the plaintiff was precluded from assert- infringement upon the constitutional rule re-
ing as against defendants' broader rights in the quiring all taxes to be uniform, and that such
anchor as a trade symbol than were asserted in assessments, upon the basis of frontage, where
his public registration before that time entered the lots abutting upon the improvement were of
in the Patent Office.
substantially equal depth, would be upheld
MORTGAGE—LOAN—LIEN—SALE.
In the case of Cox et al. vs. Armstrong, recent-
ly decided by the Kentucky Court of Appeals,
it appeared that simultaneously with the execu-
tion of a mortgage on land purporting to have
been executed to secure a loan of $2,500, the
mortgagee executed a writing in which he re-
• cited the fact that he had advanced only $50 on
the mortgage note, and was to let the mortgag-
ors '' have the remainder along as they may
need it." In an action to enforce the mortgage
lien the mortgagors allowed judgment to go
against them for the full amount of the mort-
gage note, although they had received from
plaintiff only the $50 originally paid, the plain-
tiff fraudulently representing that he would pay
them the remainder of the $2,500, or if he failed
to do so that he would not enforce the judgment
to sell the land. In violation of his agreement
the plaintiff had the land sold under the judg-
ment, although he had failed to pay them the
remainder of the $2,500, or any part of it. In
an action by the defendants in that action
against the plaintiff to recover damages for the
loss of their property, the court held that they
were entitled to recover, and that it was imma-
terial that the defendant, in the action before
the court, had not received the purchase money
for the property sold.
TELEGRAM—DELAY IN DELIVERY.
In the case of Martin vs. Western Union Tele-
graph Company, recently decided by the Texas
Court of Appeals, it appeared that a message
worded as follows, " Martin & Co. hold note of
Woodworth. Will be attached to-night; your
bond; telegraph Miller Brothers, bankers, to
where the same were not shown to be unfair.
The court said in giving judgment: " We feel
constrained by strong logical reasons, as well
as by the overwhelming weight of authority, to
say that the uniformity of taxation enjoined by
the Constitution does not prohibit the legisla-
ture from authorizing the levy of special assess-
ments in cities and towns for local improve-
ments in the nature of benefits to the abutting
property. All matters of hardship and expedi-
ency must be left for legislative cognizance and
action. In neither of these cases is the distinction
between local assessments and taxes levied for
the general purposes of revenue pointed out. That
such distinction in fact exists is now recognized
by an almost unbroken line of decisions, and
by the consensus of opinion of all text-writers
upon the subject. Local assessments are upheld
upon the theory that the property against
which the assessment is made is specially bene-
fitted by the improvement, while taxes refer
more particularly to those burdens imposed for
revenue. There is certainly reason for saying
that the word ' tax,' when used in the Constitu-
tion, refers to the ordinary public taxes, and
not to the assessments for benefits in the nature
of local improvements. While therefore the
power to make such assessments is referable to
to the taxing power, it is held not to be an in-
fringement upon the rule requiring all taxes to
be uniform."
TELEGRAM—DELAYED DELIVERY— LIABILITY.
The Supreme Court of Pennsylvania held, in
the recent case of Smith vs. Western Union
Telegraph Company, reported in the supplement
to the Philadelphia Legal Intelligencer, that in a
case of unintentional delay in the delivery ot
money by a telegraph company,,.because of
which the plaintiff's note was protested, there
could be no recovery for a mere loss of credit by
reason
of the protest without showing pecuniary
THE
loss as a consequence of the protest, and that
the rule in the case of the refusal of a br.nk to
pay a customer's check where his deposit was
sufficient to meet it did not apply. The court
said : " It is true that in an action for the breach
of a contract to pay money for a special object
which was known to the party agreeing to make
the payment, damages directly and naturally
resultiug from the breach, and therefore sup-
posed to have been in contemplation of the
parties, may be given in addition to interest,
but such damages must be shown by the evi-
dence. It is also true that a bank which refuses
to pay the check of its customer when his de-
posit is sufficient to meet it may be held for sub-
stantial, without proof of special, damages.
Patterson vs. Marine National Bank, 130 Pa.,
419. It is contended by the appellee that the
case at bar falls within the principle of the case
cited, but we think there is a broad and sub-
MANUFACTURERS OF
stantial distinction between them. The powers,
privileges and duties of a bank and its relations
to the business transactions of the commercial
world are essentially different from those of a
telegraph company. Banking institutions are
FACTORY !
indispensable agencies in these transactions,
and it is a wise policy which exacts from them
DERBY, CONN.
fidelity to and a prompt performance of their
It is admitted by all that no piano ever put upon the agreements with their depositors. A bank's
market has met with such success as THE STERLING refusal to pay on demand the ;check of its de-
and thousands will testify to their superiority of work- positor who has a sufficient fund with it for that
purpose is not like the unintentional delay of
manship and durability. Why ? Because they are made
an individual or a corporation in the fulfillment
just as perfect as a piano can be made.
of a contract to pay the debt of another, and a
THE STERLING ORGAN has always taken the lead, and measure of damages appropriate to the first case
the improvements made this year puts it far ahead of is not necessarily applicable to the second.''—
Bradstreets.
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