Sweet v. Michigan Central Railroad Co.-Continued.
a car past said building, or that he had any reason to
apprehend the existence of such special danger-Conduct
of counsel-Improper to attempt to play upon the pride
or prejudices of the jury-If attorney for the losing
party is the aggressor, the opposite party will not be
punished for the indiscretion of his counsel in replying,
unless it is apparent that the verdict was influenced
thereby.
TANGNEY V. J. B. WILSON & COMPANY.
Negligence case-Question of master's negligence in pro-
viding defective appliances for servant should have been
submitted to the jury.
Equity pleading-General demurrer-Appeal.
THREE RIVERS FARMERS' MUTUAL FIRE INSURANCE COMPANY,
TOWNSHIP Board of Burr Oak, Wilson v................
VAN HOESEN, BOARD OF HEALTH OF PORTAGE TOWNSHIP V...
VAN KLEECK V. MCCABE..........
Partnership-Assignment by one partner of his individual
property for the benefit of his creditors gives the assignee
no title to nor right to the possession of the partnership
property-A judgment against a surviving defendant,
in a suit involving the question of the existence of a
partnership between the original defendants, establish-
Van Kleeck v. McCabe-Continued.
ing such fact, is not binding upon the administrators
of the deceased defendant-Partnership as to third per-
sons-Property used in the business will be first applied
to the payment of debts due such persons-One partner
cannot avoid liability for the firm debts by showing
that he was induced to enter into the partnership rela-
tion by the false statements of his copartner as to the
value of the firm property-Nor in a suit brought
against the firm, which he defends as survivor, by show-
ing his disclaimer of all interest in the firm assets, and
his assent to their assignment by his copartner as his
individual property for the benefit of his creditors-The
same rule obtains where the partnership exists as to
third persons only--The administrator of a deceased
partner is not a necessary party to a suit brought
against the firm, which is properly revived and pros-
ecuted to judgment against the surviving defendant-
Presentation of the claim sued upon for allowance
against the estate of the deceased partner will not
operate as an abandonment of the suit-Acts of a sur-
viving partner, and the result of all suits brought by
or against him as survivor, are binding upon the rep-
resentatives of the deceased partner, in the absence of
bad faith in their prosecution or defense.
WAIT V. COMMISSIONER OF STATE LAND-OFFICE...
Swamp-land scrip-Defined to be the credit to contractors
upon the books in the State Land-office of the number
of acres of land to which they are entitled by reason
of the acceptance of the whole or any portion of their
work-Such scrip has been treated as assignable-
Holder of cannot enter, or select for entry, lands which
have been occupied by an actual settler under a license
issued under How. Stat. §§ 5436-5441, and which have
been forfeited and abandoned.
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Trover-Title in a third person may be shown as a defense -Sale-Cannot be shown to have been made in violation of the United States internal revenue laws as a defense by an execution creditor of the vendor to an action of trover by the vendee, where the contract has not been repudiated by either party, and has been fully executed-The title of the United States to goods forfeited by such a sale is not consummated until after a judicial condemnation, when it relates back to the time of the forfeiture-Proof of such condemnation is essential to enable the creditor to prove the forfeiture for the purpose of establishing an outstanding title in a third person-Charge to jury-Error for trial judge to add the weight of his opinion as to what the testimony tends to prove-Evidence-Filing of bill of sale by a vendee with the township clerk of the proper township may be shown as bearing upon his claim that the transfer was absolute, and not by way of security-Evidence of a general assignment by a vendor for the benefit of his creditors, shortly after the execution of a bill of sale of a portion of his property and of mortgages upon the remainder, and of the purchase by the mortgagee and vendee at assignee's sale of a portion of the property, is held admissible in this case, in connection with testimony tending to show that the vendor contemplated making the assignment before he executed the bill of sale and mortgages.
License to cut timber-Will pass the title to portion cut
before its revocation-Bill of sale to a third person will
not operate as a revocation until notice is given to
licensee.
WILSON V. CIRCUIT JUDGE OF GENESEE COUNTY_
Deputy county clerk-A woman is eligible to hold said
office.
WILSON V. TOWNSHIP BOARD OF BURR OAK...
Highways-No appeal lies from the refusal of commissioner to lay out a highway-Application must state that applicants are free-holders-Error for township board to hear an appeal where two of the sitting members are financially interested in the result of the appeal. WILSON & COMPANY, TANGNEY V..
Guardian and ward-Sale of ward's land, and its
immediate reconveyance by the purchaser to the
guardian individually for the same consideration, passes
no title.
Partnership-Statements of the cashier of a banking firm,
whose general agency has been established, made to a
proposed depositor, as to the existence of the firm, are
admissible as tending to establish such existence-Testi-
mony of the proposed depositor that he made deposits
in reliance upon the information thus received, and that
from the time of receiving it he understood that the
persons named by the cashier composed the firm, is also
admissible-The omission of a banking firm, formed on
the dissolution of a former firm to continue the business,
to file with the county clerk a certificate giving the
names of the members of the new firm, pursuant to
Wright v. Weimeister-Continued.
How. Stat. §§ 3128, 3129, cannot be shown, in a suit
involving the question of the existence of the new
firm, in support of a claim that until such filing the
old firm could not be legally dissolved and a new one
formed.
ZANGER V. DETROIT CITY RAILWAY COMPANY..
Negligence case-A street-railway company is not guilty
of negligence in allowing material taken from between
its rails while repairing its track to remain in the
street along-side its track for five or six hours in the
day-time-One who, seeing such obstruction, drives over
it on
a trot, without any consideration that a high,
loose box upon which he is sitting might be thrown
out of the wagon, is guilty of such contributory neg-
ligence as will bar a recovery for injuries thereby sus-
tained.
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