Volume 86 — Minnesota Reports

<p>Appeal by defendants, La Salle National Bank and others, oojecting creditors, from an order of the district court for Hennepin county, Cray, J., refusing to vacate an order allowing the final account of plaintiff as receiver of Northwestern Guaranty Loan Company, and denying a motion for a new trial.</p>

Appeal by defendant from a judgment of the district court for Wright county, entered pursuant to the findings and order of Giddings, J., before whom the case was tried upon appeal from a judgment of a justice of the peace.

Action in the municipal court of Minneapolis to recover $100, balance of the purchase price of a steamboat. The case was tried before Dickinson, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for judgment in his favor notwithstanding the verdict or for a new trial, plaintiff .appealed.

Action in the district court for Ramsey county to recover $10,125 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $456. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for Mille Lacs county, Baxter, J., denying a motion to set aside service of the summons.

Appeal by plaintiff from a judgment of tbe district court for Hennepin county, dismissing the action, entered pursuant to the findings and order of Brooks, J.

Alternative writ of mandamus issued out of the district court for Ramsey county upon relation of John Henry Fitz, directed to respondent, as city clerk of St. Paul, requiring him to show cause why he should not place relator’s name upon the official ballot as candidate of the Prohibition party for mayor at the city election to be held May 6, 1902. From an order, Otis, J., directing that the alternative writ be made peremptory, respondent appealed.

Action in tbe district court for Ramsey county to recover $1,200 for personal injuries caused by a defective street. The case was tried before Otis, J., and a. jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by plaintiff from an order of the district court for Traverse county, Flaherty, J., denying a motion for a new trial.

Appeal by defendant from an order of the district court for Morrison county, Searle, J., overruling a demurrer to the complaint.

Action in the district court for Brown county to recover $1,850 for the conversion of cattle. The case was tried before Webber, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

In proceedings in the district court for Hennepin county to enforce payment of taxes delinquent upon real estate for the year 1895, John D. Blake interposed an answer. The case was tried before Harrison, J., who found in favor of plaintiff, and upon application of defendant certified to the supreme court certain questions for its determination.

Appeal by defendant from an order of the district court for Goodhue county, Williston, J., denying a motion for a new trial.

Action in the district court for Ramsey county by plaintiff as assignee of Wildwood Park Company, an insolvent corporation, to enforce the statutory liability of its stockholders. From an order, Brill, J., overruling a demurrer to the complaint, defendants, Henry H. Fuller and others, appealed.

Appeal by plaintiff from an order of the district court for Hennepin county, Brooks, J., sustaining a demurrer to the complaint.

Appeal by defendants from an order of the district court for Jackson county, Quinn, J., overruling a demurrer to the complaint.

Action in the district court for Hennepin county to recover $10,000 damages for alleged wrongful interference by defendants with plaintiff’s use of a dock and wharf on the shore of Lake Calhoun. The case was tried before Simpson, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendants from a judgment of the district court for Hennepin county entered pursuant to the findings and order of Elliott, J.

Appeal by plaintiff from an order of the district court for Watonwan county, Cray, J., denying a motion for a new trial.

Appeal by plaintiffs from that portion of a judgment of the district court for Washington county, Williston, J., which involved the taxation of expert witness fees.

Action in the district court for Stevens county to recover $3,840, and interest, for money had and received. The case was tried before Powers, J., who directed a verdict in favor of plaintiff for the sum demanded. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Action in the district court for Clay county to recover $15,330 for personal injuries. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor Of plaintiff for $4,000. On motion, judgment was ordered for defendant notwithstanding the verdict. From a judgment entered pursuant to the order, plaintiff appealed.

Appeal by plaintiff from a judgment of tbe district court for Sibley county dismissing tbe action, entered pursuant to tbe findings and order of Cadwell, J.

Action in the district court for Polk county to recover $600 for-the conversion of hay. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $230. From an order denying a motion for a new trial, defendant Charles' Casmey appealed.

Action in tbe district court for Hennepin county to recover $20,000 for personal injuries. Tbe case was tried before McGee, J., and a jury, wbicb rendered a general verdict in favor of plaintiff for $10,040, and returned tbe special findings wbicb are set out in tbe opinion.

<p>Will — Demonstrative Legacy.</p> <p>Eggleston v. Merriam, 83 Minn. 98, followed, to the effect that where a fund had been set apart by trustees under a will, to furnish an annuity to a legatee, the corpus of such fund may be resorted to upon the failure of the same to produce the requisite income.</p> <p>Charge on Other Funds.</p> <p>It appearing that the fund set apart to furnish the annuity of the legatee is sufficient for several years to accomplish that purpose, in the judgment of the trial court, it was not required to go further and impose obligations upon other funds which had been previously distributed.</p> <p>Same.</p> <p>Held, that an action to charge other funds than that set apart specifically for the legatee under the evidence in this case was premature.</p>

Appeal by plaintiff from a judgment of the district court for Olmsted county, Snow, J., affirming a final decree of the probate -court for said county which assigned the residue of the estate of Olaus Schacht, deceased.

Appeal by plaintiff from an order of the district court for Todd county, Searle, J., denying a motion for judgment notwithstanding the verdict and granting a motion for a new trial.

Action in the district court for Bamsey county to recover on the ground of failure of consideration $967 paid in satisfaction of a special assessment levied upon plaintiff’s land for a local improvement wbicb was thereafter abandoned. The case was tried before Bunn, J., who, upon conclusion of plaintiff’s testimony, granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.

Action of ejectment in the district court for Hennepin county. From an order, Elliott, J., overruling a demurrer to the complaint, defendants appealed.

Defendant was convicted in the municipal court of Minneapolis, Dickinson, J., of selling milk without a license from the city health commissioner, in’violation of an ordinance of the city of Minneapolis. From an order denying a motion for a new trial defendant appealed.

Proceedings in the probate court for Washington county for an accounting by defendant D. M. Sabin, as guardian of plaintiff. From the order and decree of the probate court by which there was found due from defendant the sum of $5,200 and payment of that sum to plaintiff directed, defendant appealed to the district court for said county. The case was tried before Williston, J., who found in favor of plaintiff for the sum of $4,497.88.

Action of ejectment in the district court for Hennepin county.. The case was tried before Pond, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

<p>Appeal by defendant from a judgment of tbe district court for Mower county, Kingsley, J.</p>

Action in the district court for Crow Wing county to recover $5,050 for personal injuries caused by an alleged defective highway. The case was tried before Baxter, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Clay county to recover $349 for the conversion, of wheat. The case was tried before Baxter, J., who directed a verdict for plaintiff for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

<p>Appeal by defendant from an order of tbe municipal court of Minneapolis, Dickinson, J., denying a motion for a new trial.</p>

Writ in the nature of quo warranto issued from the supreme court upon the relation of the attorney general and J. A. Nichols, a taxpayer of the city of Little Falls, requiring respondents, the common council and officers of said city, to show by what right they exercised their respective offices.

On the petition of William I. Brown for a writ of mandamus to be directed to Matt Jensen, clerk of the city.of St. Paul, the supreme court ordered the latter to show cause why the writ should not issue. The facts are stated in the opinion.

Action in the district court for Pine county to determine the adverse claim of defendant to vacant and unoccupied land. The case was tried before Crosby, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed.

Defendant having pleaded guilty to an indictment charging him with the crime of selling intoxicating liquor without a license, judgment was entered in the district court for St. Louis county sentencing him to pay a fine of $50 and costs, and to be confined in the county jail for a period of thirty days. Defendant ap-pealed from the judgment.

Action in the district court for Sibley county to recover $3,000 for personal injuries. From an order, Cray, J., overruling a demurrer to the complaint, defendant appealed.

Action in the district court for Clay county to recover $2,000 for malicious prosecution. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $100. From an order granting a motion for a new trial, plaintiff appealed.

<p>Appeal by defendant from an orider of the district court for Clay county, Searle, J., denying a motion for a new trial.</p>

Action, in the district court for Washington county to recover a balance of $11,533.02 alleged to be due upon a logging contract. The case was tried before Williston, J., who found in favor of plaintiff for $8,320.47. From an order denying a motion for a new trial, defendant appealed.

From an order of the probate court for Polk county admitting to probate the will of Hannah H. Reed over the objections of plaintiffs, William Reed and others, they appealed to the district court for said county. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of defendant, proponent. From a judgment entered pursuant to the verdict, affirming the order of the probate court, plaintiffs appealed to the supreme court.

Appeal by plaintiff from an order of the district court for Houston county, Kingsley, J., denying a motion for a new trial.

Appeal by defendant from an order of tbe district court for Ramsey county, Brill, J., overruling a demurrer to the complaint.

<p>Breach of Contract — Complaint.</p> <p>Complaint upon an action for breach of a contract to give a promissory note upon the delivery of a machine considered, and helé to state a cause of action.</p> <p>Measure of Damages.</p> <p>Por the breach of an agreement to execute a promissory note payable in the future, damages may be recovered presently, and the amount for which the note was to be given will be prima facie the measure of damages. American Mnfg. Go. v. Klarquist, 47 Minn. 344, followed.</p>

Appeal by defendant from an order of the district court for Yellow Medicine county, Qvale, J., denying a motion for a new trial, after a trial and conviction of the crime of selling intoxicating liquor without a license.

Action in the district court for Kittson county to recover possession of lumber seized by defendant as sheriff of said county, or $1,329, the value thereof, in case possession could not be had. The case was tried before Dibell, J., who found in favor of defendant. From an order denying a motion for a new trial plaintiff appealed.

Alternative writ of mandamus issued out of the district court for Todd county on the relation of Sylvester Kipp and another, requiring defendant, as county auditor of said county, to issue and deliver to relators his official certificate of the amount required to redeem certain land from the forfeited tax sale of May, 1900. From an order, Searle, J., overruling a demurrer to the petition and writ, defendant appealed.

Action in the district court for Ramsey county by plaintiff, as indorsee, to recover a balance of $421.50 and interest upon a written instrument, which is set out in the opinion. The case was tried before Brill, J., who directed a verdict in favor of plaintiff for the sum demanded. From an order denying a motion to vacate a judgment entered pursuant to the verdict and for a new trial, defendant appealed.

Action in the district court for St. Louis county upon tbe official bond of defendant John Owens, as clerk of the said court, to recover from defendant and his sureties $690, paid into court in condemnation proceedings and received by defendant Owens in his official capacity. The case was tried before Dibell, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Action, in tbe district court for Houston county by John A. Collins and others, to establish an interest in certain land claimed to have descended to them and to defendants as the heirs of James Colleran, deceased. Defendant Thomas Colleran alone answered, claiming- title under a conveyance from decedent.

Case certified from the district court for Beltrami county, Mc-Clenahan, J., wherein defendant was convicted of the crime of burglary in the third degree.

<p>Appeal by plaintiff from a judgment of the municipal court of St. Paul, Hiñe, J., affirming a judgment of a justice of the peace.</p>

Action in the district court for Redwood county, to recover from defendants Howard N. Honner and others, heirs of John S. G-. Honner, deceased, $446.41 on the official bond of defendant Orlando B. Turrell as guardian of plaintiff, upon which bond decedent was a surety. From an order, Webber, J., overruling a demurrer to the complaint, defendant Howard N. Honner appealed.

Action of ejectment in the district court for Brown county. The case was tried before Webber, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed.

Appeal by plaintiff from an order of the district court for Hennepin county, Pond, J., sustaining a demurrer to the complaint.

Action in the distract court for Meeker county to recover $200 received by defendants to plaintiff’s use. Issue was joined and the case was tried before Powers, J., who found in favor of plaintiff for the sum of $189.33. Thereafter an action was brought by Charles H. Dart against defendants to recover the same money, whereupon defendants made application for leave to pay into court the amount recovered by plaintiff, pursuant to Laws 1895, c. 329.

Action in the district court for Ramsey county to recover $10,000 for personal injuries. The case was tried before O. B. Lewis, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed. The burden of proof is upon defendant to show that plaintiff assumed the risk. Scharenbroich v. St. Cloud Fibre-Ware Co., 59 Minn. 116, 123.

Action in the district court for Ramsey county to recover $273.36, and interest, for goods sold. Defendant asserted a counterclaim for $375 founded on breach of warranty in a prior transaction between the parties. The case was tried before Brill, J., who directed a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Wright county to recover $25,000 for personal injuries. From an order, Giddings, J., sustaining a general demurrer to the complaint, plaintiff appealed.

Appeal by plaintiff from a judgment of tbe district court for Eedwood county, entered pursuant to the findings and order of, Webber, J.

Alternative writ of mandamus issued out of the district court for Scott county upon relation of A. M. Nicolin, requiring defendants, as mayor and city clerk of the city of Jordan, to issue to relator a license to sell intoxicating liquor. The case was tried before Cadwell, J., who found in favor of respondents, and directed that the writ be quashed. From, an order denying a motion for a new trial, relator appealed.

Appeal by plaintiff from a judgment of the district court for Stevens county, dismissing the action, entered pursuant to an order of Flaherty, J. cited: 2 Bigelow, Fraud, 125-127, 191, 196; Oh S. 1894, §§ 4280, 4281; Eogers v. McCauley, 22 Minn. 384; Matthews v. Torinus, 22 Minn. 132; Wolford y. Farnham, 44 Minn. 159; Ladd v. Newell, 34 Minn. 107; Welch v. Bradley, 45 Minn. 540; Minneapolis Stock Yards & Packing Co. v. Halonen, 56 Minn. 469; 1 G-reenleaf, Ev.

Appeal by defendants from an order of the district court for Lac qui Parle county, Flaherty, J., denying a motion for judgment in their favor notwithstanding the verdict or for a new trial.

Appeal by plaintiff from an order of tbe district court for Hennepin county, Simpson, J., overruling a demurrer to a so-called complaint of intervention interposed in the action by Robert Christensen and another to enforce an attorney’s lien for services rendered plaintiff.

Action in the district court for Becker county to recover $5,050 for personal injuries. The.case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $2,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

■ Action in the district court for Brown county to recover $5,000 for libel. The case was tried before Webber, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant Eliza Y. Willson from an order of the district court'for Dodge county, Buckham, J., denying a motion to open a judgment entered against defendant by default.

Appeal by plaintiff from an order of the district court for Jackson county, Quinn, J., granting a motion for a new trial.

Action in the municipal court of Minneapolis to recover $50 due upon a contract of employment. The case was tried before Dickinson, J., and a jury, which rendered a verdict in favor of plaintiff for $25. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $5,000 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $600. From an order denying a motion for judgment notwithstanding the verdict or for a new trial; defendant appealed.

Action in the municipal court of St. Paul by plaintiffs, composing Iron Holders’ Union No. 232, against defendants, composing Plásterers’ Union No. 20, to recover possession of a prize banner, or $125 damages in ease possession thereof could not be had. The case was tried before Hiñe, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiffs appealed.

Action in the district court for Stearns county to determine the adverse claims of defendants to land in possession of plaintiff. The case was tried before Searle, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants John I-I. Woll and Mary C. Woll appealed.

Appeal by plaintiff from an order of the district court for St. Louis county, Ensign and Cant, JJ., affirming an order of the municipal court of Duluth denying a motion for a new trial.

Certiorari issued out of the supreme court on the relation of the Board of County Commissioners of St. Louis county, and others, to review the decision and order of respondent R. C. Dunn, as state auditor, with respect to the place of taxation of personal property owned by relators Mitchell & McClure.

Writ of habeas corpus issued out of the district court for Dodge county upon the relation of Cornelia L. Baymond, to determine the right to the care and custody of Catherine Bobinson, relator’s mother. From an order, Samuel T. Jones, court commissioner, releasing Catherine Bobinson from the custody of respondents and restraining them from removing her from the county or interfering with relator’s intercourse with her, respondents appealed.

<p>Swamp land — Right of Owner.</p> <p>The United States surveyed, selected, and by its patent conveyed to the state of Minnesota as swamp and overflowed land, the real estate here in controversy, without meandering any of the waters thereon. The plaintiff has acquired the title of the state thereto. In fact the land is covered by the waters of a lake, which it is impossible to use for the purpose of travel or commerce, or for pleasure, other than hunting. Held, that such acts of the United States are conclusive as to the character and title of such land, and that the plaintiff is the absolute owner thereof, and that the public have no right to fowl on the waters thereon.</p> <p>Shooting over Plaintiff’s Land — Injunction.</p> <p>The facts found by the trial court justify its conclusion of law to the ■ effect that the defendant be restrained from shooting on or over the plaintiff’s land, or any of the waters thereof.</p>

<p>Complaint — Demurrer.</p> <p>Complaint construed, and demurrer thereto held properly overruled.</p>

Action in the district court for Sibley county to restrain the negotiation of a promissory note and to cancel the .same. The case was tried before Cadwell, J., .who found in favor of plaintiff. From an order denying a motion for a new trial, defendant ap pealed.

Action in the district court for Polk county to recover $10,000 for personal injuries. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $7,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by plaintiff from a judgment of tbe district court for Hennepin county, entered pursuant to the findings and order of Elliott, J.

Action in tbe district court for Le Sueur county to compel tbe surrender to plaintiff of a warranty deed alleged to have been executed and delivered to him by defendant and her husband, John Thurston, during the latter’s lifetime, and to determine the adverse claim of defendant to the premises conveyed thereby. The case was tried before Cadwell, J., who found in favor of plaintiff. -From an order granting a motion for a new trial, plaintiff appealed.

Appeal by defendant from an order of tbe municipal court of St. Paul, Orr, J., denying a motion for a new trial, after a trial and conviction upon a charge of violation of tbe city ordinance prohibiting excavations on the public streets without a permit from the commissioner of public works.

<p>Appeal by relator from an order of the district court for Ramsey county, Bunn, J., denying a motion for a new trial.</p>

Appeal by defendant from an order of the district court for Hennepin county, Brooks, J., denying a motion for .a new trial.

Action in the district court for. Ramsey county to recover $5,000 for damages suffered through maintenance by defendant of a nuisance. From a judgment in favor of defendant upon the pleadings, entered pursuant to an order of Otis, J., plaintiff appealed.

Appeal by defendant from an order of tbe district court for Hennepin county, McGee, J., denying a motion for a new trial.

Action in the district court for Bamsey county to recover $2,040 for personal injuries caused by a defective street in defendant city. The case was tried before Brill, J., and a jury, which rendered a general verdict in favor of plaintiff for $300. The jury also returned a special verdict, in answer to the specific question submitted by the court, that the driver of the vehicle from which plaintiff was thrown was guilty of negligence which contributed to the injury.

<p>Broker’s Commission.</p> <p>Although an agreement signed by a real estate owner to- pay an agent certain commission in the event that he should himself make a sale is a unilateral contract, and invalid upon its face, yet it may be accepted by the agent’s partial performance thereof, and thereby become enforceable.</p> <p>Complaint — Demurrer.</p> <p>A complaint in an action brought to recover such commission held to state a cause of action.</p>

<p>Parent and Child — Services of Minor.</p> <p>Where services are rendered to a third party by a minor residing with his father as a member of his family, an action may be maintained for the value of such services by the father, as guardian ad litem.</p> <p>Dismissal of Action.</p> <p>Seld error to dismiss the action, after plaintiff rested, upon the ground that there was not evidence sufficient to support the allegations of the complaint.</p>

Appeal by defendant from an order of the district court for Stevens county, Flaherty, J., denying a motion for a new trial.

Action in tbe district court for Hennepin county to recover possession of certain railway-aid bonds issued by plaintiff. Defendant disclaimed interest in the bonds and deposited them with the clerk of the district court. Thereupon the Minneapolis & St. Louis Railroad Company filed a complaint of intervention, claiming to be the owner of the bonds and entitled to their possession. The case was tried before Harrison, J., who directed a verdict in favor of the intervenor.

Action in the district court for Rice county to recover $500 and interest upon a promissory note. The case was tried before Buckham, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial defendant appealed.

Defendant was convicted in the municipal court of Minneapolis, Holt, J., of the offense of selling chopped meat to which borax had been added as a preservative, in violation of the provisions of Laws 1901, c. 348. From the judgment of conviction and frornan order denying a motion for a, new trial, defendant appealed.;

Action in the district court for St. Louis .county against defendants, John Kleffman and Edward Kleffman, to recover $1,062.75 upon a foreign joint judgment. The case was tried before Dibell, J., who made findings of fact and as conclusion of law found that plaintiff was entitled to judgment against defendant Edward Kleffman for the sum demanded. From an order denying a motion for a new trial, defendant Edward Kleffman appealed.

Appeal by defendant from an order of the district court for Winona county, Snow, J., denying a motion for judgment notwithstanding the- verdict or for a new trial.

Appeal by defendant from a judgment of the district court for Blue .Earth county, and from an order, Quinn, J., denying a motion for a new trial.

Defendant was convicted in the district court for Blue Earth county, Quinn, J., of forgery in the second degree, the crime consisting in uttering a forged note. From the judgment of conviction defendant appealed.

<p>County Auditor — False Claim.</p> <p>G-. S. 1894, § 0421, authorizes the prosecution of a deputy county auditor who audits claims for redemption of taxes, where the unlawful use of the official signature and seal gives currency and value to a fraudulent demand upon the public treasury.</p> <p>Same — Auditing False Claim,</p> <p>There is no legal distinction to be tolerated under this law in the act of creating a fabricated claim by an auditing official and the act of auditing the same when such officer knowingly attaches his official signature and seal to a demand which he has forged and manufactured himself.</p> <p>Same — Evidence of Similar Acts.</p> <p>Upon proof tending to show that a specific claim had been fabricated and audited by a public officer whose duty is to pass upon and allow the same, it is competent to receive evidence of other fictitious claims of a similar character which have been approved by him within a period of six months, including occasions before and after the act complained of.</p> <p>Errors Immaterial.</p> <p>Other minor errors considered, and held immaterial.</p>

<p>Larceny — Pleading’ and Proof.</p> <p>Where, in an indictment for larceny for obtaining money or property through false pretenses, it is charged that the intent is to defraud a particular person, it is not a variance if the proofs tend to show that some other person or corporation than the one specified in such criminal pleading was defrauded.</p> <p>False Pretenses.</p> <p>Where the false pretenses were fraudulent writings 'of apparent value sold to a third party, and it appears that the purchaser innocently thereafter made use of the same to secure benefits, the law contemplates an intent to defraud the person to whom the instruments were sold, or whoever parts with money in reliance thereon.</p> <p>Same — Parol Evidence.</p> <p>Upon a prosecution for obtaining money of an incorporated bank upon false pretenses it is competent, as between the bank and the person who received the monej'’, to show by parol who were the officers of the bank in the transaction, without requiring proof of their legal appointment to the positions which such officers assumed to hold.</p> <p>Criminal False Pretense.</p> <p>A criminal false pretense may be accomplished wholly by means of writings in connection with such conduct by the person making use of the same as to reasonably induce confidence in-their genuineness, though in fact false and fictitious; and it is not necessarily essential that a strict legal liability is indicated thereby, if the reasonable tendency is to impose upon the person defrauded.</p>

Appeal by plaintiff from an order of the district court for St. Louis county, Dibell, J., denying a motion for a new trial.

Defendant having been convicted before a justice of the peace on the charge of selling intoxicating liquor at the city of Jordan without a license, in violation of the city ordinance, appealed to the district court for Scott county upon questions of law and fact. The case was tried before Cadwell, J., and a jury, which rendered a verdict of guilty, as charged.

<p>"Verdict Sustained by Evidence.</p>

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

<p>Chamber of Commerce — Condition of Membership.</p> <p>G. S. 1894, § 2982, under which defendant association was organized, conferred upon it the right to make membership therein conditional upon the submission, of all business disputes arising between its members to arbitration.</p> <p>Adoption of By-Law.</p> <p>Under its articles of incorporation the association was authorized and. empowered to adopt, establish, and enforce the by-law in controversy in this action, which provided for arbitration between members.</p> <p>Same — Arbitration of Dispute between Members.</p> <p>This by-law also provided for the suspension of a member if he should refuse to submit to arbitration a business dispute with another member after being duly notified, and after a hearing had before the board of directors, and, further, that, if the gravity of the offense was deemed such as to merit it, the member in fault might be expelled from the association. Held, 'that this by-law was not invalid on the ground that it contravened the constitution or the laws of the state, or was against public policy. It did not operate to oust the courts of the jurisdiction conferred upon them, and of which they cannot be deprived, to determine all disputes and differences which may arise between individuals.</p> <p>Conditions of Membership.</p> <p>When membership in such an association and the rights pertaining thereto are conferred upon a person on his voluntary application for such membership, they are accompanied by, and there is annexed to the same, the condition that these rights can be taken away by the association and that the member can be expelled if he refuses to abide by the condition. Membership is acquired subject to the self-imposed condition that the member’s title and the rights which accrue from such membership are regulated by and dependent upon the by-laws and regulations adopted by the association to make it effective, and expressly assented to by him. when he joins.</p> <p>By-Laws.</p> <p>Because such by-laws and rules give to the board of directors power to discipline only when a member refuses to arbitrate as he has agreed to do in consideration of the rights and privileges of membership, and no attempt is made to deprive him of an opportunity to litigate his differences in the ordinary way, they are not unreasonable, coercive, violative of constitutional rights, or contrary to public policy.</p> <p>Transfer of Membership.</p> <p>If it appeared in this case that the plaintiff was deprived, under another rule than the one here considered, of his right to transfer this membership, that fact cannot affect the validity of the rule in question. His remedy, if he has one, is by a proceeding to compel the board of directors to permit the transfer, and not by this proceeding to reinstate him to membership.</p>

Action in the district court for Hennepin county by Susanna Klages, as administratrix of the estate of Herman Klages, deceased, to recover $5,000 for the death of plaintiff’s intestate. Tha - case was tried before Pond, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $1,075 upon an indemnity insurance policy. The case was tried before Kelly, J., who found in favor of plaintiff for the sum of $750 and interest. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $25,350 for personal injuries. The case was tried before Bunn, J., who directed a verdict in favor of defendant. From an order denying* a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $8,000 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of, plaintiff for - $2,700. From an order denying their separate motions for judgment notwithstanding the verdict or for a new trial, on condition that plaintiff consent to a reduction of the verdict to $2,000, defendants appealed.

Appeal by defendant from an order of the district court for Itasca county, McClenahan, J., vacating on motion of plaintiff’s attorney a dismissal of the action theretofore entered at the instance of plaintiff without his attorney’s knowledge, and reinstating the case upon the trial calendar.

Action in the district court for St. Louis county to recover $1,000 and interest upon a ñre insurance policy. The case was tried before Ensign, J., who directed a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by plaintiffs from an order of the district court for Hennepin county, McGee, J., setting aside the service of summons upon defendant Adelaide B. Lampman.

Action in the district court .for Goodhue county by plaintiff, as executor of the last will and testament of Jacob Wohlers, deceased, to recover possession of certain promissory notes, or the value thereof if possession could not be had. The case was tried before Williston, J., and a jury, which rendered a verdict in favor, of defendants. From an order denying a motion for judgment notwithstanding the verdict but granting a motion for a new trial, plaintiff appealed.

Action in the municipal court of Duluth to recover $50 and interest upon a bank check issued by defendant. The case was tried before Edson, J., who directed a verdict in favor of plaintiff for the sura demanded. A motion for judgment notwithstanding the verdict or for a new trial having been denied, defendant appealed to the district court for St. Louis county.

Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., denying a motion for a new trial.

Action in the district court for Ramsey county to enforce specific performance of a contract for the sale of real estate.