Volume 160 — Michigan Reports

Assumpsit by Eric G. Person against the J. H. Worden Lumber & Shingle Company for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error.

<p>1. Evidence — Trial—Curing Error — Damages.</p> <p>In an action for injuries received in an assault, where plaintiff claimed that his skull was fractured and that stammering resulted, and testimony of physicians was admitted without a sufficient showing that the stammering resulted from the injury received, or the fracture examined was caused by the assault, it was error to postpone striking out the testimony during six days of the trial during which the jury had the same in mind.</p> <p>2. Same — Limitation oe Witnesses — Issues.</p> <p>It is error for the trial court to limit the number of witnesses upon a material and disputed issue.</p>

Clair; Ersbine, J., presiding. Mandamus by Christian Kern to compel the board of supervisors of St. Clair county to investigate the sufficiency of petitions asking for the submission to the vote of the people on the question of prohibiting the manufacture and sale of intoxicating liquors. An order denying the writ is reviewed' by relator on writ of certiorari.

Mandamus by Caleb H. Rutledge and another to compel the board of supervisors of Marquette county to submit the question of prohibiting the manufacture and sale of intoxicating liquor in said county.

Mandamus by Garfield S. Flanders to compel the board of supervisors of Yan Burén county to reconvene and pass upon certain petitions and call an election under the local-option law. An order denying the writ is reviewed by relator on writ of certiorari.

Mandamus by Herbert J. Crawford and John H. Watson to compel the board of supervisors of Gratiot county to reconvene and submit the question of the prohibition of the manufacture and sale of intoxicating liquor to an election. An order denying the writ is reviewed by relators on writ of certiorari.

), J. Mandamus by Edwin D. Henderson to compel the board of election commissioners of the city of Saginaw to provide paper ballots for use at an election. An order denying the writ is reviewed by relator on writ of certiorari.

<p>Habeas corpus proceedings by Hawley C. Wilson to obtain his release from the jail of Jackson county.</p>

Assumpsit by the People’s Bank against Charles D. McMahon upon a promissory note. A judgment for plaintiff is reviewed by defendant on writ of error. '

Assumpsit by the Harrison Granite Company against George A. Stephens and others for interest on deferred payments, and for extra work. A judgment for plaintiff is reviewed by defendants on writ of error.

Statutory proceedings by Theodora Macomber against the Endion Grape Juice Company, Limited, George M. Thresher, Thomas L. Wilkinson, and B. II. Spencer to enforce the individual liability of defendants in defendant corporation. A judgment for defendants is reviewed by petitioner on writ of error.

Assumpsit by Horace W. Rooks against Minnie C. Booth for breach of a contract of leasing. A judgment for plaintiff is reviewed by defendant on writ of error.

Exceptions before judgment from Ionia; Davis, J. Joseph Droste was convicted of manslaughter. Respondent was convicted of manslaughter, and brings his case here for review, upon exceptions before sentence. The record shows that respondent and deceased, Benno Cook, were both young men, respondent about 28, and Cook about 22, years of age; that they were bom and reared upon adjoining farms, about 2£ miles from the village of Pewamo, Clinton county, in this State.

Bill by Elliott F. Grabill against Barnhart Brothers & Spindler to rescind a contract on the ground of fraud. Defendant filed an answer in the nature of a cross-bill for the specific performance of said contract. From a decree for complainant, defendant appeals.

Bill by Charles H. Kimmerle and another against the village of Cassopolis and the Milling & Power Company to enjoin the performance of certain contracts. From a decree dismissing the bill, complainants appeal.

Assumpsit by the J. I. Case Threshing Machine Company against Ezra S. Huber upon a promissory note. A judgment for defendant is reviewed by plaintiff on writ of error. The action is assumpsit, the declaration containing the common counts, and setting out, under proper notice, a copy of a promissory note purporting to have been executed by defendant.

Assumpsit by Emery W. Oossett against John O’Riley, Sr., for money paid upon a land contract. A judgment for plaintiff is reviewed by defendant on writ of error.

<p>1. Forgery — Criminal Law — Intent.</p> <p>Evidence that the respondent, charged with forging a note to conceal misappropriation of funds intrusted to him, failed to return the money is admissible to show intent.</p> <p>2. Constitutional Law — Forgery—Evidence—Method of Obtaining — Unlawful Searches and Seizures.</p> <p>A forged note obtained from the respondent’s desk in his absence, without a warrant, may be used in evidence against him to prove the corpus delicti without violating his constitutional exemption from being a witness against himself.</p> <p>3. Same — Criminal Law — Evidence Obtained by Search.</p> <p>Securing a note from respondent’s desk in his absence is not an unreasonable search and seizure if authorized by a search warrant. 3 Comp. Laws, § 11987; Const, of 1850, Art. 6, § 26.</p> <p>4. Forgery — Intent—Deceit.</p> <p>In a prosecution for forging a note which was retained by the respondent, an attorney who had been intrusted with funds by a client for investment, it was not error to refuse a request to charge that the note must, in order to render the respondent guilty of forgery, have been made with intent to prejudice the rights of some person, as well as to deceive.</p> <p>5. Same — Instructions to Jury.</p> <p>A charge that unless the note was made by respondent and was,intended for use in deceiving the client or working a fraud upon her the respondent must be found not guilty is proper.</p> <p>6. Same — Presumptions—Bills and Notes.</p> <p>In a criminal action the presumption that a note was executed on the day of its date is applicable as in civil causes.</p>

Petition by Augusta Ewing for the probate of a lost will, alleged to be the last will and testament of Archibald P. McIntyre, deceased. Delos McIntyre and others filed objections. The petition was denied in the probate court, and proponent appealed to the circuit court. A judgment for proponent is reviewed by contestants on writ of error.

Case by Bina Seeger against the village of Hart for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by William L. Bonewell against the North American Accident Insurance Company on a policy of insurance. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Bill by Simon Frohlich against William Klein and Fredericks Klein and Gustav A. Hansel and William Schmidt, copartners as Hansel & Schmidt, to enforce a mechanics’ lien. Defendants Klein filed an answer in the nature of a cross-bill claiming affirmative relief. From a decree for complainant, defendants Klein appeal.

Cross-appeals from Wayne; Brooke, J. Bill by William A. Scripps against John S. Sweeney to remove a cloud upon the title to certain corporate stock. Defendant filed an answer in the nature of a cross-bill, making Edward W. Scripps and other parties defendant to the cross-bill, and prayed for the specific performance of certain contracts. From a decree for complainant, defendant and cross-defendant Edward W. Scripps appeal.

Assumpsit by Katherine Koehler against the Modern Brotherhood of America on a policy of insurance. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Petition by the Public Schools of Wyandotte against Edward J. Harding for leave to file a bill of review. From a decree dismissing the petition, petitioner appeals.

Bill by Perry Balderson against H. Lee Seeley to enjoin the removal of certain timber. From a decree dismissing the bill, complainant appeals.

, presiding. Case by Emily H. O’Connor against the city of Detroit for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Case by John M. Yan Doom, administrator of the estate of Dick Gringhuis, against William Heap, Cecil R. Heap, W. Lionel Heap, and John Henley, copartners as William Heap & Sons, for the negligent killing of plaintiff’s intestate. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

<p>Error to Lapeer; Smith, J.</p> <p>Trover by Daniel W. Ryan against Eunice Chown. A judgment for defendant is reviewed by plaintiff on writ of error.</p>

Case by Emma C. Stever, administrator of the estate of Charles W. Stever, deceased, against the Ann Arbor Railroad Company and the Wabash Railroad Company for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error. Charles W. Stever was an engineer in the employ of the Ann Arbor Railroad Company, and was operating the engine of a passenger train on December 9th, 1907.

Assumpsit in justice’s court by Russell O. Wells against the United States Fidelity & Guaranty Company of Baltimore, Maryland, on an indemnity bond. .There was judgment for plaintiff, and defendant took a special appeal to the circuit court. A judgment for defendant is reviewed by plaintiff on writ of error.

Bill by John B. Hunter against William L. Hunter, guardian of Charles Bates Hunter, a minor, Benjamin A. Bush, and others, for a construction of the last will and testament of Elizabeth A. Bates, deceased. Defendant Bush and others filed an answer in the nature of a cross-bill for the correction of a probate order. Prom a decree dismissing the bill and cross-bill, complainant and cross-complainants appeal.

Assumpsit by Julius Hermann & Company against the People’s Department Store for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error.

Judgment creditor’s bill and bill in aid of execution by the St. Louis Hoop & Stave Company against Elmer M. Danforth and Annettie Danforth. From a decree for complainant, defendants appeal.

), J. Charles E. Brenner and S. B. Borland, executors of the last will and testament of Daniel L. C. Eaton, deceased, petitioned for a… Held: managed, cared for and disposed of under the following trust, viz.: “(1) Out of the income, and the proceeds thereof to furnish from time to time to my son, George B. Eaton, during his life, such amounts of money as in their judgment they may deem proper for the uses of living and support of himself and family, and having in view the…

Bill by Peter Lafrance against Albert A. Griffin and Gertrude L. Griffin for the specific performance of a land contract, and to enjoin an action of ejectment. From the decree rendered, defendants appeal. The defendants were vendors and the complainant was the vendee in an executory contract for the sale and purchase of certain lands.

Assumpsit by Patrick Culligan against Morris Alpern upon a promissory note. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

<p>Appeal from Wayne; Murphy, J.</p> <p>Bill by Leonard Johnston against Frederick Stearns & Company for an accounting. From an order overruling a demurrer, defendant appeals.</p>

<p>Error to Bay; Collins, J.</p> <p>Case by William Reed against Joseph Martin for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

<p>Appeal from Cass; Des Voignes, J.</p> <p>Bill by the Albert Gall Company against the Dowagiac Gas Company to enforce a mechanic’s lien. From a decree for complainant, defendant appeals.</p>

Bill by Agnes Brandt against Philo M. Brown and Hattie B. Brown to set aside a deed on the ground of fraud. On petition, Lewis F. Algrem was permitted to appear as a party defendant. From a decree for complainant, defend Algrem appeals.

Case by Emil Gerstler against Fred C. Weinberg for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Case by Margaret Siegel, administratrix of the estate of Clark Hughes, deceased, against the Detroit, Grand Haven & Milwaukee Railway Company for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error. Plaintiff’s decedent was a brakeman employed by defendant. He was a member of the crew of extra freight train No. 1089, running from Durand to Detroit, acting as forward brakeman.

Case by Fred L. Wickham against the Detroit United Railway for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Frederick P. Hinckley presented a claim against the estate of Miar McLaughlin, deceased, for the amount of a promissory note. The claim was disallowed by the commissioners, and claimant appealed to the circuit court. An order dismissing the appeal is reviewed by claimant on writ of error.

Bill by Albert Maday against Carrie Pearsall Roth to compel the specific performance of a land contract. From a decree for complainant, defendant appeals.

Assumpsit by Nettie Spencer against Elgy Simmons for breach of promise of marriage. A judgment for plaintiff is reviewed by defendant on writ of error.

<p>Error to Newaygo; Palmer, J.</p> <p>Ejectment by Ann Janette Ensley against Benjamin Coolbaugh. A judgment for defendant is reviewed by plaintiff on writ of error.</p>

Case by Dell Bennett against the estate of Henry B. Miller, deceased, under the civil-damage act. A judgment for plaintiff, on appeal from a disallowance of the claim by the commissioners, is reviewed by defendant on writ of error.

Assumpsit by John D. Baker against Ansel F. Temple for breach of a contract for the sale of a boat. Judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by Alexander B. McLean and another against the Sandusky Lumber & Box Company for work and labor. A judgment for plaintiffs is reviewed by defendant on writ of error.

Case by the Addison Flouring Mill Company against the Lake Shore & Michigan Southern Railway Company for damages caused by an obstruction to certain water power. A judgmentfor plaintiff for an inadequate amount is reviewed by it on writ of error.

Case by Albert Winnie against the Lake Shore & Michigan Southern Railway Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by Clarence R. Jones, administrator de bonis non of the estate of James A. Jones, deceased, against Edward W. Pendleton for commissions on the sale of real estate. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

<p>1. Fraud — Equity—Application of Funds' — Contracts — Remedies.</p> <p>Affirmance of a contract induced by fraud eliminates any defense on that ground in a suit to compel an accounting for funds received by virtue of it.</p> <p>2. Accounting — Specific Performance — Mortgages—Bills and Notes.</p> <p>The holder of a mortgage under an assignment requiring him to pay a portion of the amount received on the instrument, to cancel an obligation of the assignor, may be compelled to account to the assignor where he forecloses and bids in the property.</p> <p>3. Bills and Notes — Indorsers’ Liability — Mortgages —Assignment — Equity—Clean Hands.</p> <p>The holder of a note and mortgage by indorsement and assignment, who neglects to take necessary steps to charge the assignor and indorser, may not interpose the same as a defense in a suit for accounting and application of the proceeds on foreclosure in accordance with the contract of assignment.</p> <p>4. Mortgages — Assignment—Negligence of Assignee.</p> <p>Such assignee is not chargeable by the assignor with negligence for failure to collect insurance on the mortgaged premises, which the assignor failed to have insured for his benefit while he held the mortgage, and which burned shortly after the transfer, the insurance being collected by the owner.</p>

Case by Isaac G. Jenkins against Prank E. Pilcher for fraud and deceit. An order sustaining a demurrer is reviewed by plaintiff on writ of error.

Bill by the Michigan Central Railroad Company and others to enjoin the Michigan railroad commission from ' enforcing certain excess baggage rates. From a decree dismissing the bill, complainants appeal.

Assumpsit by Charles Timm, Sr., against the Grand Rapids Brewing Company upon an indemnity bond. An order overruling a demurrer, is reviewed by defendant on writ of certiorari.

Case by Matt Avikainen against the Baltic Mining Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Case by Norman MacDonald, by next friend, against the Freeman Manufacturing Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by Mary J. Duff against Henry C. Judson for breach of promise of marriage. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by Earl G. Walling and Elizabeth Walling against Alfred E. Poulsen for money had and received. A judgment for plaintiffs is reviewed by defendant on writ of error.

Bill by Enewold A. Beuthien against Thomas Dillon and others to quiet title to lands and vacate the sale of lands delinquent for taxes. From a decree for complainant, defendants appeal. On October 25, 1905, complainant purchased from the State of Michigan certain lands in Roscommon county, for an expressed consideration of $1,422.11.

Case by Charles Bates against Horace Kitchel for false imprisonment. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Bill of interpleader by Henry B. Graves against Maude 0. Von Below and Clarence H. Gould to determine the rights of defendants in the proceeds of a policy of insurance. From a decree for defendant Von Below, defendant Gould appeals.

Exceptions before judgment from the recorder’s court of Detroit; Phelan, J. Harry Belton was convicted of an assault with intent to rob.

<p>1. Intoxicating Liquors — Criminal Law — Elections —Keeping Saloon Open — Statutes—Primary Elections.</p> <p>In a city which has adopted the primary election system and nominates candidates for local offices on a fixed day, it is a violation of 2 Comp. Laws, § 5395, as amended by Act No. 4, extra session 1907, to keep saloons open on such day, even although the municipality has not observed all the formalities of law in adopting the primary system.</p> <p>2. Constitutional Law — Trial by Jury — Directing Verdict-Criminal Law.</p> <p>An instruction by the oourt to the juryin a criminal case in which the facts were not admitted, “to bring in a verdict of guilty,” infringes the respondent’s right to trial by jury.</p>

Exceptions before judgment from Houghton; Streeter, J. Arthur Carlson was convicted'of an assault with intent to commit the crime of statutory rape.

Assumpsit by Joseph M. Smith against the Hertz & Hosbach Company, Limited, for services rendered. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill of interpleader by the Grand Lodge of the Ancient Order of United Workmen against Alida B. Brown and Edward M. Brown, Anna E. Skelley, and Mary Hogan to determine the right to the proceeds of a'policy of insurance. From a decree for defendants Edward M. Brown, Anna E. Skelley, and Mary Hogan, defendant Alida B. Brown appeals.

<p>1. Damages — Permanent Injuries — Pleading—Declaration.</p> <p>A recovery for prospective damages, reasonably liable to be sustained, is not objectionable under a declaration alleging, and charge to the jury permitting, the same, although permanent injuries are not counted on or proved.</p> <p>2. Trial — Witnesses — Evidence — Cross-Examination — Order of Proof.</p> <p>It is discretionary with, the trial judge to prevent a cross-examination of the plaintiff, in an action for trespass to his person, by questions apparently not asked in good faith concerning previous quarrels, which are denied by plaintiff, where the ruling permits the asking of such questions after a proper showing.</p> <p>3. Evidence — Hearsay—Complaints of Pain.</p> <p>While testimony of a physician, called for the purpose of obtaining evidence, is not admissible as to complaints and expressions of pain made by the injured party, it is competent unless a purpose of that kind appears.1</p> <p>4. Trial — Jury Trial — Province of Court and Jury — Coercing Verdict.</p> <p>No error is committed by a trial court in informing the jury that they must unanimously agree upon their answers to special questions.</p>

Case by Ella McDonnell, administratrix of the estate of Michael McDonnell, deceased, against the Central Drug Company for the negligent killing of plaintiff’s intestate. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by Romaine H. Buckhout and Frank J. Henry, copartners as the Buckhout-Henry Company, against Ella Drake Browne for commissions on the sale of real estate. A judgment for plaintiffs is reviewed by defendant on writ of error.

Assumpsit by the Fletcher Paper Company against the city of Alpena for taxes paid under protest. A judgment for plaintiff for less than the amount claimed, on a verdict directed by the court, is reviewed by plaintiff on writ of error.

Assumpsit by Cliff R. Cook against Elbert W. Darling for goods sold and delivered. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

Bill by Effie A. Klotz against James Sloan, county drain commissioner, William Britton, county treasurer, and Oramel B. Fuller, auditor general, to enjoin the sale of land delinquent for taxes. From an order sustaining a demurrer to the bill, complainant appeals.

Assumpsit by Sumler J. Sherrod and Glover A. Nash against Martin Duffy upon promissory notes. A judgment for defendant is reviewed by plaintiffs on writ of error.

<p>1. Wills — Contracts—Mental Competency — Deeds.</p> <p>A disposition of property by deeds and a somewhat complicated will is not sustainable if the testator, at the time of executing the papers had not sufficient judgment and memory to recognize that the papers presented conformed to his previously expressed intention, and embodied the disposition which he had determined upon.1</p> <p>2. Same — Inoompetency.</p> <p>Upon a review of the facts as to mental competency, a transfer of property made by one in contemplation of death is not sustained as a valid disposition of the estate of deceased.</p>

Mandamus by the Harbor Springs Lumber Company to compel Frank Shepherd, circuit judge of Emmet county, to vacate an order denying a motion to dissolve a temporary injunction.

Bauscher Bros., Limited, presented a claim against the estate of Edward G.- Gies, deceased, for the amount of an order, for certain goods. The claim was allowed by the commissioners, and Sylvia M. Gies, executrix, appealed to the circuit court. A judgment for defendant on a verdict directed by the court is reviewed by claimant on writ of error.

Clair; Law, J. Petition by James B. Bradley, auditor general, for the sale of land delinquent for taxes: On objections of Charles Wellman and others. From a decree for petitioner, contestants appeal.

Case by Koyanton Niedzinski against the Bay City Traction & Electric Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by William Drueke, Jr., and George Egeler, administrators of the estate of Frank Koch, deceased, against Mary E. Boylon, for the appointment of a receiver to wind up the affairs of a partnership. Defendant filed an answer in the nature of a cross-bill to reform the schedule attached to the partnership agreement. From the decree rendered, defendant appeals.

Habeas corpus proceedings by Irene Collins to obtain the custody of an infant. An order dismissing the petition is reviewed by petitioner on writ of certiorari.

<p>Error to St. Clair; Tappan, J.</p> <p>Assumpsit by Martha J. Hurd against the Northern Accident Company on a policy of insurance. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Clair; Law, J. Case by Rosetta Woods against the White Star Line for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by Fiavia Bedard and another against David W. Simons and the township of Hamtramck to quiet title to certain land. From a decree for defendants, complainants appeal.

Mandamus by the common council of the city of Jackson to compel Jode Harrington, city recorder, to give official notice of a resolution declaring for a general revision of relator’s charter.

<p>Appeal from Gratiot; Searl, J.</p> <p>Bill by Weltha Wilson against Fred Wilson and Laura Wilson to set aside a deed. From the decree rendered, complainant appeals.</p>

, presiding. Assumpsit by Patrick Ryan against the city of Bay City for a balance due upon a paving contract. A judgment for defendant is reviewed by plaintiff on writ of error.

<p>Appeal from Kalamazoo; Smith (Clement), J., presiding.</p> <p>Bill by the Godfrey Lumber Company against Belle E. Kline to enforce a mechanic’s lien. . From a decree for complainant, defendant appeals.</p>

<p>Mandamus by William Ord to compel George S. Hosmer, circuit judge of Wayne county, to enter an order quashing a writ of capias ad respondendum.</p>

Mandamus by Benjamin S. Warren and by the Detroit, Toledo & Ironton Railway Company, severally, to compel John L. O’Mealey, circuit judge of Lenawee county, to vacate orders denying motions to dismiss bills in equity.

<p>Appeal and Error — Stay op Proceedings — Bond—Statutes.</p> <p>A bond to stay proceedings at law pending the settlement of case made and review in the Supreme Court must be for double the amount of the judgment (3 Comp. Laws, § 10,355), and no discretion is vested in the circuit court to permit the filing of a bond with a smaller penalty because of the prior filing of bonds in attachment and garnishment proceedings which would amply secure the plaintiff.</p>

Case by Anna Merrill against Martin Tinkler, principal, and the Michigan Bonding & Surety Company, surety, under the civil-damage act. A judgment for plaintiff is reviewed by defendants on writ of error.

Case made from Ionia; Davis, J. Assumpsit by John Nichol, receiver of the Citizens’ Mutual Fire Insurance Company of Jackson, against William G. Newman for the amount of an assessment. A judgment for plaintiff is reviewed by defendant on a case made.

Laura Beecbam presented a claim against the estate of Sarah Johnson, deceased, for services rendered. The claim was disallowed by the commissioners, and claimant appealed to the circuit court. A judgment for claimant is reviewed by defendant on writ of error.

Case by Harry Adams against the Grand Rapids Refrigerator Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by Frederick T. Ranney against Albert M. Henry and another for commissions on the sale of real estate. A judgment for plaintiff is reviewed by defendant Henry on writ of error.

Case by Isabella K. Weatherbee against George R. Byam and others under the civil-damage act. A judgment for plaintiff is reviewed by defendants on writ of error.

Clair; Law, J. Bill by the Marine Savings Bank and others against Charles E. Norton, trustee in bankruptcy of Lindow Bros.-Beers Company, for the reformation of a chattel mortgage and to enjoin an action at law. From a decree dismissing the bill, complainants appeal.

Case by Sarah J. Fahey against the Detroit United Railway for personal injuries. A judgment for defendant non obstante veredicto is reviewed by plaintiff on writ of error.

Case by William Matla against the Rapid Motor Véhicle Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by Guy 0. Weed against the Construction News Company for breach of a contract of employment. A judgment for plaintiff is reviewed by defendant on writ of error.

<p>1. Insurance — Amendment of Pleadingi — Time.</p> <p>An amendment of the alleged date of a policy in a declaration upon a lost policy of insurance in a mutual benefit association, from September 11th, 1908, to September 18th, 1908, was a proper exercise of discretion; it appearing that the error in date was caused by a letter from defendant’s agent in which he stated that the policy was issued September 11th.</p> <p>2. Same — Lapse—Payment por Plaintiff’s Benefit.</p> <p>It was properly left as a question of fact for the jury to say whether or not plaintiff was in default under the terms of his policy, which was subject to a by-law providing that a default of six months in his dues to a local organization connected with defendant should avoid the policy, where it was shown that a member of the organization in good faith agreed to pay the same, and the secretary of the organization had money of such member in her possession, which she treated as paid on the delinquent dues.</p>

<p>Appeal from Kent; Connine, J., presiding.</p> <p>Bill by George B. Kraft against Elizabeth Kraft for a divorce. From a decree for complainant, defendant appeals.</p>

Bill by the Escanaba Manufacturing Company against the Trades and Labor Council of Escanaba and others to enjoin an interference with complainant’s business. From a decree for complainant, said defendant Trades and Labor Council appeals.

Assumpsit by Thornton A. Green against Edwin J. Ostrander on certain promissory notes. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

<p>Error to Charlevoix; Mayne, J.</p> <p>Case by Frederick Belmer, by next friend, against the Boyne City Tanning Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Bill by the State of Michigan to enjoin the Venice of America Land Company from taking possession of, platting, and selling certain land. From a decree for complainant, defendant appeals.