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THE MUSIC TRADE REVIEW.
i58
Cegal Decisions.
WAGE-EARNERS—LUMBER INSPECTORS.
The Supreme Court of Michigan recently held,
in the matter of Sayles, that lumber inspectors
did not fall within the class of wage-earners un-
der the State law of 1887 making all debts owing
for labor by a person or corporation at the time
of becoming insolvent preferred claims against
the estate.
PARTNERSHIP—DISSOLUTION—NOTICE.
Notice of dissolution of a partnership must
have been received by the ordinary customers of
a firm in order to relieve a retired partner from
liability incurred to such customers after the
dissolution, according to the decision of the
Supreme Court of Michigan in the case of Hall
vs. Heck.
CONNECTING CARRIERS—CHARGES—LIEN.
The Supreme Court of Arkansas held, in the
recent case of Lowenberg vs. Arkansas & Louis-
iana Railway Company, that where the first of
several connecting carriers guarantees a through
rate on a shipment to a point on one of the other
lines, the last carrier has a lien on the freight
for its own charges, together with the charges
of previous carriers advanced by it in ignorance
of the guaranty, though the sum of these charges
is more than the rate guaranteed.
BANK—SPECIAL DEPOSIT—CASHIER.
The Supreme Court of Georgia held, in the
case of the Merchants' National Bank of Savan-
nah vs. Guilmartin, that for a special deposit,
received by a bank through its cashier for gra-
tuitous safekeeping and return to the depositor
on demand, the bank is not liable if the cashier,
without its knowledge or consent, steals it or
fraudulently appropriates it to his own use,
provided the bank has exercised due diligence
in selecting the cashier and in not keeping him
in office after it knew or ought to have known
that he was or had become untrustworthy ; that
in stealing or clandestinely appropriating the
deposit to his own use the cashier would not be
acting in the bank's business or within the
scope of his employment, but would be repre-
senting himself and not the bank, and that a
special deposit is gratuitous if it be accepted for
the accommodation of the depositor and without
any undertaking by him, express or implied, to
pa\' or do anything as compensation or reward
for keeping the deposit.
wife's name, where no offer was made to reform
the policy or to show that the company knew
of the agency.
CONTRACT—PART PERFORMANCE—DAMAGES.
The Supreme Court of Georgia held, in the re-
cent case of Fontaine vs. Baxley et al, that after
part performance, to the extent of going to New
York and opening business, mutuality was not
wanting in a contract which stipulated that
one party should go to that city and there
open and conduct a business on his own
account for the sale of a commodity not an arti-
cle of general commerce, and that the other
party should furnish and deliver to him, at a
specified price, so much of the commodity, not
exceeding a given quantity monthly, as he (the
proprietor of the new business) should pre-en-
gage to his customers during the period of one
year, the mode of conducting the new business
contemplated being that the proprietor of that
business was to discover purchasers, make bind-
ing contracts with them, and then order and re-
ceive enough of the commodity from the other
party to fill such contracts. The court further
held that the damages suffered in consequence
of breaking up pending overtures and negotia-
tions for pre-engaging the commodity at the
time notice was given by the party who under-
took to make delivery that no further deliveries
would be made, would not be too speculative
nor too remote, provided it were shown by evi-
dence that certain contracts pre-engaging the
commodity would, if not thus broken up, have
been made and complied with, and that the dif-
ference between cost and net proceeds in each
case would have been a fixed sum.
RAILROADS—TRAFFIC AGREEMENT—LIABILITY.
The Supreme Court of Arkansas held, in the
THE
Sterling Company,
Bells at tl?
INSURANCE—HUSBAND AND WIFE.
The Supreme Court of Pennsylvania held, in
the recent case of Diffenbaugh vs. Union Fire
Insurance Company, reported in the supplement
•to the Legal Intelligencer of Philadelphia, that
there could be no recovery by a wife for a loss of
her goods by fire when they were insured in the
name of her husband without notice to the com-
pany of her ownership on a policy of insurance
which contained a clause avoiding the policy if
the interest of the insured were not truly stated
therein. The court rejected as inadmissible an
offer to show that the husband was acting as
the agent of the wife when he made the applica-
tion for insurance ; that just before this insur-
ance was effected the husband effected insurance
of other property of the wife, the policies for
which were written in her name, and that
neither the husband nor the wife knew until
after the fire that the policy in suit had been
written in the husband's name instead of in the
recent case of the St. Louis, Arkansas & Texa s
Railway Company vs. Neel, reported in the
Railway a?id Corporation Laiv Journal, that a
traffic agreement between two railroad compan-
ies which confers a license on the one to use the
track of the other, and limits their right to
make certain charges for freight and passengers,
does not constitute a partnership between them
or make one road the agent of the other ; that a
shipper of freight on one of such roads cannot re-
cover from the other for damages to goods shipped
resulting from an alleged violation of the traffic
agreement by such other road ; that where such
a traffic agreement required defendant, a stan-
dard-gauge road, one of the parties thereto, to
maintain a third rail for the accomodation of the
other party, a narrow-gauge road, and the rail
was not maintained, wherefore cotton shipped on
the narrow-gauge road could not be forwarded,
and was thrown off and injured by the rain and
mud, the defendant was not liable, the proxi-
mate cause of injury being the exposure of the
cotton to the rain and mud, and not the violation
of the contract, which imposed no obligation on
defendant to receive or care for the cotton ;
that where a common carrier wrongfully refuses
to accept cotton for transporation the shipper
cannot abandon it to the ravages of the weather
at the carrier's expense, the shipper being bound
to properly so protect it, and the carrier being
liable for the reasonable expenses therefor, to-
gether with proximate damages for delay ; that
a recital in a bill of lading that the goods were
received by the carrier '' in apparent good or-
der " refers only to the external condition of
the goods, and as between the original parties is
onl3 r prima facie proof of the true condition of
the goods when received ; that a common carrier
is liable for damages accruing to goods received
for shipment from the time they are received, and
not from the date of the bill of lading only, and
that where the evidence warrants a difference of
opinion, it is for the jury to determine whether
the goods were actually received by the carrier
before the bill of lading issued.—Bradstreet's.
MANUFACTURERS OF
will be a great gathering of the bells
at the Columbian Exposition. Among
them will be the old slave bell that used to call
the slaves of Fontainbleu to work in Louisiana,
that cracked its sides for joy when it rang the
emancipation peal, since which, owing to the
fissure, it has neyer rung again.
The first bell ever rung in this country pealed
from the first church built in this country, erect-
ed in 1494 by Columbus at Santo Domingo. It
is now in the city of Washington.—Detroit Free
Press.
Pianos and Organs,
FACTORY I
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present time prove that man is getting smaller
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rate of reduction and tells just how many thous-
and years it will take to make people so small
that they will be out of sight.
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