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MUNICIPAL BONDS — BOARD OF EDUCATION - ACTS And while the modern authorities hold that a covenant IN ISSUING BONDS IN EXCESS OF POWER DO NOT REX- in a deed against incumbrances would embrace tho DER BONDS VOID - INNOCENT HOLDER. — (1) Where a inchoate right of dower, none can be found which power to contract is conferred by statute and has been hold that in a policy of insurance the word incumfully executed, and something additional not author-brance would embraco such a claim or interest as a ized by the statute is stipulated to be done, which is contingent right of a woman whose husband is still clearly distinguishable from the rightful execution, living. Virginia Supreme Court of Appeals, March the execution of the power, so far as authorized, is Term, 1879. Southern Mutual Insurance Co. v. Kloeber. good, and void as to the excess. (2) A board of educa- | Opinion by Christion, J. (Appearing in 31 Grattan's tion, under the provisions of the act of March 13, 1868 Reports.) The same doctrine is held in Virginia Fire & (S. & S. 710), authorizes it to borrow money to pay Marine Insurance Co. v. Kloeber, decided by the same existing indebtedness by the issue and sale of bonds court at the same time. Opinion by Anderson, J. bearing interest at a rate not exceeding eight per cent Citing Wooddy v. Old Dominion Ins. Co., 31 Gratt. per annum, payable semi-annually, agreed to borrow a 362, and Hough v. City Fire Ins. Co., 29 Conn. 10. sum of money at an aggregate rate of interest of fif


VALUATION WITHOUT teen per cent, in manner following: For the amount so to be borrowed bonds were to be issued bearing the

WRONGFUL INTENT, IN PROOF OF LOSS, DOES NOT AVOID authorized rate of interest, and for the excess of inter- POLICY. - In the preliminary proofs of loss of property est orders on the treasury were to be issued payable at

insured against fire, the plaintiff, who was insured, the same time as the legal interest. The bonds were

stated the value at $5,000. In au action on the policy

the referee found the value to be $2,000. The regularly issued, bearing eight per cent

rest, and sold at par, and the movey was received and used as

referee likewise found that the plaintiff, in making authorized. For the excess of interest, orders on the proofs of loss for the purpose of establishing his claim treasury were at the same time issued and delivered to

under the policy, did not kuowingly, willfully and for the purchaser, as agreed to by the parties, but were

the purpose of defrauding the defendant, swear to a never presented for payment, and after their maturity he grossly exaggerated its value and quantity, in con

false statement of the value of the property, but that he offered to return them for cancellation. IIeld, that this agreement to pay excess of interest is void, and sequence of his imperfect knowledge of the English having never been executed in whole or in part, will language, while acting under the direction of the pernot avoid a recovery on the bonds. The fact that such

son who aided him in making the proofs. But accordagreement for unlawful interest was made does not ing to the finding of the referee, the actual value of make the purchaser chargeable with notice of the prior the property destroyed exceeded the amount of insurfraudulent practice of members of the board in incur

ance upon it. Under these circumstances, if the plaintring the debt, for the payment of which the money place an extravagant valuation upon the property, it

iff did honestly, or without any fraudulent intent, was borrowed, which had no connection with the sale of the bonds, and of which the purchaser had no

would not prevent a recovery upon the policy. Parker knowledge. State of Ohio ex rel. Laskey v. Board of 14 Wall. 375; Williams v. Phoenix F. Ins. Co., 61 Me.

V. Amazon Ius. Co., 31 Wis. 361; Ins. Co. v. Weides, Education of Perrysbury. Opinion by Johnson, J. Oakey, J., dissented, being of opinion that the real 67; Moore v. Protection Ins. Co., 29 id. 97; Franklin F. transaction was a sale of bonds at less than par, in

Ins. Co. v. Updegraff, 43 Peun, St. 350; Marion v. violation of the statute.

Great Republic Ins. Co. of St. Louis, 35 Mo. 148; Wolf

v. Goodhue F. Ins. Co., 43 Barb. 400. Wisconsin Su[Decided March 16, 1880.]

preme Court, May 27, 1880. Dogge v. North-western

National Insurance Co. Opinion by Cole, J.


IS NOT. – A policy of insuranco against fire contained, FIRE INSURANCE -INCHOATE RIGHT OF DOWER NOT among other conditions, the following: “And whenAN INCUMBRANCE AVOIDING POLICY. — The existence ever required, the insured or person claiming sball of an inchoate right of dower in the wife of a former produce and exhibit tho books of account, bills of purowner of insured real property does not render a state-chase, or duplicates thereof, and other vouchers, to the ment by the insured in the application that his inter- insurers or their specially authorized agent, in support est in the property is “fee simple," a misrepresentation of the claim, and permit extracts and copies thereof to avoiding the policy under a condition warranting the be made; and until such proofs and exhibitions are truth of the statements made in the application. An produced, and permitted by the claimant, when reinchoate, contingent right of dower is defined by quired as above, the loss shall not be payable." After Bishop as a mero possibility; not only is it no estate, a firo whereby a loss occurred to the insured, noties but the right itself is a mero contingent possible thing and preliminary proofs of loss, as required by another If the wife dies before her husband, all is vanished. condition of tho policy, were furnished. This prelimiJudge Baldwin defines such a right in the wife as an nary proof, however, not being satisfactory, an agent emanation from the ownership of her husband. See of the company, sent to make scrutiny of the matter, Wilson v. Davidson, 2 Rob. 381, 405. Before assign-demanded of the insured that ho should produce his ment, even after the death of husband, the widow has bills of purchase, and upon being informed by the inno estate in the lands of her husband. It is a mere sured that these had been burned, the agent demanded chose in action, and before assignment is strictly a duplicates of such bills, which the insured failed to claim. Greenl. Cruise tit. Dower, ch. 3, § 1; 4 Muuf. produce. The company refused to pay the amount 38:2; 4 Seld. 110. In a recent Missouri case, Bliss, J., claimed by the insured, and his attorney notified the observed of this sort of inchoate dower that it “is not company of his intention to institute suit for the rean estate, but a mero contingent claim, not capable of covery of the claim. To this notification the agent sale in execution, nor the subject of grant or assign- replied by letter as follows: "In reply to your favor of ment. The dowress has merely a contingent possibility 26th, giving notice of intended suit, I am instructed to of interest in the premises, but no property, no actual say, that the Farmers' Fire Insurance Company will iuterest in it which is the subject of grant or assign- contest the payment of A. Mispelhorn's claim (in its ment." 44 Mo. 512, 515; see, also, 2 Bish. on Mar. Wom., present exaggerated form), under the terms and con$ 348. Formerly it was questioned even whether the ditions of his policy, though we should have preferred existence of this inchoate dower could be alleged as a an amicable compromise. The compauy is more imbreach of warranty in a deed against incumbrances. 'pelled to this course, as we cannot learn that the City Co., on the same risk, have, or intend paying the claim and has been abrogated by the new Code, permit me as made. When they pay, this Co. will probably not to make the following observations: delay longer. If, however, you prefer litigation with 1. It seems to me that Mr. Murray states the reason this Co., we shall contest the claim as above." The of the rule somewhat plainly himself when he says at insured afterward sued the company, and offered this p. 50: “If both parties should set up an apparently letter in evidence to show waiver of further prelimi- good title and it should become necessary to determine nary proof of loss under the afore-recited condition their validity the action should perhaps be dismissed, of the policy. Held, (1) that this letter was no waiver, because it seems the courts of one State or country cannot but meant that the company still adhered to and would settle the title to lands in another.” But better still is persist in its refusal to pay the claim, because it was the language of Hare & Wallace in their notes on excessive in amount, and that the terms and condi- Smith's Leading Cases (7th Am. ed.) p. 1063: “A tions of the policy would be relied on as a protection court of justice should obviously be slow to entertain. against what was regarded as an exaggerated demand. a question depending upon the local law of a foreign (2) That the object of the condition in the policy was country and which it can only resolve at second hand to put means in the power of the insurer to scrutinize by the testimony of experts. A judgment in trespass the claims of the insured and to protect itself against may be as conclusive of the right to real estate as a fraud. The provision was such as the parties were judgment in a writ of entry or ejectment, and should competent to make, and having made it a part of their therefore only be pronounced by a tribunal which can contract, the courts havo no dispensing power over it. take judicial cognizance of the statutes, principles and The insured was not only bound to produce and exhibit usages constituting the lex loci rei sita which must ulto the company or its agent, upon being required so to timately prevail where immovable property is condo, the bills of purchase if within his power or control, cerned. If a foreign court could adjudge such quesbut if they were destroyed, he was bound to produce tions it might mulct the defendant in damages for an duplicates thereof, if it were possible for him so to do. act which was subsequently ascertained to be a Compliance with this condition, if required by the legitimate exercise of the authority implied in owuercompany, was indispensable to the insured's right of ship.” The rule is as old as the law and has the action. Maryland Court of Appeals. Farmers' Fire sanction of the most learned jurists in this country Insurunce Co. of York, Penn., v. Mispelhorn. Opinion and in England, including Chief Justice Marshall and by Alvey, J. (To appear in 50 Maryland Reports.)

"Lord Mansfield, and has been affirmed in nearly every State in the Union, as Mr. Murray's article shows.

There would seem therefore to be some reason in not NEI BOOKS AND NEW EDITIONS. allowing even a personal judgment for damages in

such cases when by the law of the place the matters XIV NEVADA REPORTS.

proved might not constitute a trespass, or the plaintiff

be entitled to sue if it were, and every reason for Reports of Cases determined in the Supreme Court of the

State of Nevada, during 1879 and 1880. Reported by remitting the parties to that jurisdiction where the Chas. F. Bickell, clerk of Supremo Court, and IIon.

local statutes, laws and customs can be intelligently Thomas P. Hawley, Associate Justice, Volume XIV. and with certainty administered. Although in some San Francisco: A. L. Bancroft & Co., 1880. Pp. 500. few cases it may be a hardship, no rule of law can pre

vent that. The contrary rule would be productive of THIS volume contains among others the following vastly more. striking cases: Blaisdell v. Stephens, p. 17. - In an

2. Respecting the claim that the rule has been abroaction of trespass against two or more acting inde- gated by the new Code. pendently, and producing a result injurious to the 1. Inlthe article alluded to, the cases of the American plaintiff, ono cannot be held for the acts of the others.

Union Telegraph Co. v. Middleton and De Courcy v. State v. Clifford, p. 72. — If one finds lost property, and Stewart, are noticed. One was a decision by the New knows the owner, or there are marks on the property York Court of Appeals rendered March 19, 1880, in a by which he can ascertain the owner, and he converts

case begun in December, 1879 (and which came thus the property to his own use, intending at the time of quickly before the court on appeal from an order of finding so to convert it, he is guilty of larceny, but not arrest), and the other by the General Term of the Suso if that intention is not formed until afterward.

preme Court, First Department, rendered April 7, State v. Ah Chuey, p. 79. - On a question of personal | 1880. As the sections 982 and 984 of the new Code identity, a witness testified that the defendant had quoted to sustain the above position have been in force certain tattoo marks on his person. The court com

since September 1, 1877, these decisions must be acpelled the defendant, against his objection, to exhibit cepted as settling the law under the new Code the his person to the jury. Held, no error.

Gaston v. Drake, p. 175. — An agreement before an election to 2. Neither of the expositors of the Code, Mr. Bliss share the salary and fees of an office, in consideration

or Mr. Throop, has taken the view that these sections of the plaintiff's using his influence to elect the de- of the Code extended the jurisdiction of our courts to fendant to such office, is void. State v. Hallock, p.

cases of this character. Indeed, I have a letter from 202. - An act to establish and maintain a State asylum Mr. Throop in which he distinctly assures me that for the poor and maimed of the State is unconstitu- such was not the intent. Equitable actions to compel tional. State v. Nevada, p. 439. - It is no defense to specific performance of contracts relating to land in an indictment for escape, that the jail was unhealthful foreign jurisdictions, to compel conveyances of lands and filtby.

so situated, etc., have been entertained for some time,

and the last sentence of section 982, which is new and is CORRESPONDENCE.

the foundation of your correspoudents claim, relates

to such actions and provides for their place of trial. It ACTION FOR TRESPASS ON LAND IN ANOTHER STATE.

is to be read as if the words, “ of which the court has

jurisdiction,” were interpolated; as regulating the To the Editor of the Albany Law Journal:

practice, not as extending the jurisdiction. Regarding the article contributed by Mr. F. P. Mur- 3. Section 982 reads as follows: “Each of the followray to your last number, by which he seeks to establishing actions must be tried in the county in which the that the rule of law requiring actions for injuries to subject of the action or some part thereof is situated; real property to be brought in the jurisdiction where an action of ejectment; for the partition of real propthe real property is situate, is not founded in reason, I erty; for dower; to foreclose a mortgage upon real


other way


property or upon a chattel' real; to compel the determination of a claim to real property; for waste; for

NOTES. a nuisance" (all local actions); “ or to procure a judgment directing a conveyance of real property and THE current volume of Texas Court of Appeals Reevery other action to recover, or to procure a judg- ports contains an account of the proceedings of ment establishing, determining, defining, forfeiting, the bench and bar on the death of Judge Ector, late annulling, or otherwise affecting an estate, right, title, of that court. He seems to have been greatly beloved lien or other interest in real property or a chattel real and respected. Mr. Freeman, the reporter of the (not necessarily local). “But where all the real prope Supreme Court of Illinois, is issuing advance sheets of erty to which the action relates is situated without the his reports, in parts. The last part comes down to State the action must be tried as prescribed in section May 18, 1880. - The July number of the American nine hundred and eighty-four of this act," which pro- Law Register contains an article on Acts of agent after vides that “an action not specified in the last two sec

death of principal, by Joseph Wilby; the case of Scott tions must be tried in the county in which one of the V. Kittunning Coal Co., concerning breach of contract parties resided at the commencement thereof." (The for successive deliveries of coal, with a note by Arthur word “must” occurs three times in the two sections | Biddle; the case of Central Railroad of New Jersey v. and should be allowed equal force in such place, viz. : New Jersey West Line Railroad Co., concerning elecmust if it can, by law.) From these two sections your tion between suits in State and in Federal courts, with correspondent argues that the plaintiff can bring an

a note by John H. Stewart; and the case of Scribner action to recover damages for injury to real property v. Stoddart, concerning copyright in the Encyclopædia or waste in the county in which he resides, notwith- Brittanica. - The August number of the Virginia standing the fact that the land lies in another State. Law Journal contains a translation of “The Value of Does not tho same reasoning apply equally well to an the Roman Law to the Modern World," from the Geraction of ejectment, for partition, for dower to fore- man of Prof. von Ihering. close a mortgage, to compel the determination of a claim to real property, for a nuisance? It does; and if this construction of the Code is sound, our courts

The inaugural address of Dr. R. H. Ward, of Troy, have jurisdiction to entertain all these classes of ac

as president of the American Society of Microscopists, tions relating to real property without the State as

recently delivered at Buffalo, contains some very inwell as those of waste and trespass.

teresting remarks on the value of the microscope in the EDW. B. COWLES.

examination of disputed handwritings. - Rowell's New York, July 20, 1880.

American Newspaper Directory, containing lists of all

the newspapers and periodicals published in the United CONTRACTS TO “SATISFACTION."

States, Territories, and the Dominion of Canada,

together with a description of the towns and cities in To the Editor of the Albany Law Journal:

which they are published, forming a closely printed Nothing, it seems to me, is more “conceivable” and volume of 521 pages, besides as many more of adverless “ puzzling" than the “wheeling about" capacity tisements, must be of great use to the commercial of " facts” on new trials — your remarks under the community, affording detailed information of the best head of “Notes " in the JOURNAL of the 17th inst. to

mediums of advertising. It is much fuller than the the contrary notwithstanding. It is the law which we

edition of 1879. are taught to conceive of as unchanging. As to the case in question, non constat but that on the second trial, which was reviewed in the 45th Conn., the evi

We extract the following from the address of Hon. dence, more ample than on the first hearing, showed

Henry Craft, of Memphis, at the memorial proceedings the contract to have been one to meet the reasonable satisfaction of the defendant, thus introducing an ad-Court of Tennessee: “I would not disparage what we

on the death of Judge Trigg, of the Federal District jective into the case so qualifying of the facts found

call learning in judges. I would not decry the books on the first trial, that they, the facts, might with truth, as to their legal effect, be said to have “wheeled in which judicial minds have embalmed all sorts of about,” and this so conceivably, that the unchanging reasoning and the most wonderful analysis. But I do

vagaries and absurdities, as well as the most splendid law, which previously denied a judgment to plaintiff, would now most obviously make such a judgment im- say that tho learned judge, in the sense of a judge perative. If it be inconceivable for facts to “wheel

who is ever exploring the reports, for decisions rather

than for reasons, and who relies solely upon them, is about" in this sense, then the uses for new trials in a

the most dangerous of all judges. He is not much majority of cases are equally so, it seems to me.

more wise than a man who would attempt to make his July 19, 1880.

T. C. I.

way through a morass at night, trusting to the guid[Let us hope the adjective above mentioned pro- ance of the fire-fly's lamp. Technical rules are, iu his duced the righteous result of the second trial. “As hands, cast iron one day, and ropes of sand the next,

according to the inspiration of the particular cases to the “unchanging " character of the law, we com

that chances to be operating upon him. It is safe to mend our correspondents attention to the recent say that fully half of what makes up a law library is Pennsylvania decisions, commented on ante, p. 42. the merest trash, and the judge who is crammed-and. In connection with the subject of contracts “to crammed-into the dimensions of case learning has, to satisfaction,” we refer to the case of Gibson v. Cran- say the least, filled much space with rubbish that were

better left open for the free play of his own faculties. age, 39 Mich. 49, where the agreement was to paint The man who should seek to construct

a philosophy of a satisfactory portrait. The holding was like that human nature by study of the resemblances and differin the Connecticut case.

The court said: “It may ences between the various features of the various faces be that the picture was an excellent one and that that might come under his observation, would succeed the defendant ought to have been satisfied with it

as well as the man who seeks to find the philosophy of and accepted it, but under the agreement the de

the law in study and analysis of the likeness and the

unlikeness of the features of the cases in the books to fendant was the only person who had the right to each other, or to those of the case he holds in judge decide this question.”—ED. Alb. L. J.]


The Albany Law Journal.

that counsel must roar at judge and jury, and that witnesses are quite inaudible.

ALBANY, AUGUST 14, 1880.

We heartily subscribe to the following, from the New York Daily Register, on the subject of classifi

cation in digests and indexes: “Every reader of CURRENT TOPICS.

the law reports who has occasion to pursue his E were surprised to an

search for cases on a given subject through a numdiana friend the other day, that no oral argu

ber of volumes finds labor of

creased by the diversity of method ments are allowed in the Supreme Court of that State, except as a matter of favor, on special appli

different reporters in respect to the classification of cation. This we think a very serious error in judg

subjects in the index. If, for instance, the subject

in hand is the measure of damages for a recovery ment. Our own courts are reluctant to dispense with oral arguments, although they take submissions

under the Civil Damage Act, one reporter is found

to index this subject under the head of Civil Damon printed points, if desired. Generally, counsel are also reluctant to relinquish the privilege of oral

age Act, in another State it is noted under Liquor argument. Oral arguments must greatly lighten

Selling, in another under Intoxication, in another the labors of the court, by emphasizing and point

under Excise, in others still the readers must look ing out the decisive contentions, and enabling the

under Damages or under Measure of Damages. A

uniform method adopted by concert among all the court to concentrate attention on these, to the exclusion of many things which counsel put in their

State reporters would be of great advantage. The briefs and argue elaborately, without any serious re

changes would be not very extensive in the usages

of the reports in any one jurisdiction, but would in liance. Our profession generally talk better than they write, and better love to talk than to write.

the aggregate result in a great saving of labor to the But the perfection of argument is oral founded on a

reader, and would tend to promote the circulation written brief. The adoption of this system, we

and use of the reports of each State in the other believe, would give Indiana a better court and a

States. The United States Digest, in the new edi. better bar, and judicial decisions of a more authori

tion recently completed by Little & Brown, and the tative reputation. In this connection we may re

American Reports Digests, in the volumes of that mark upon the enormous preponderance of litiga

series of selected cases, afford a convenient basis for tion about pleadings and of decisions upon de

such an assimilation, and if the State reporters, in morrer in that State. If we could, we think we

framing their indices, would conform their classifiwould abolish demurrers, unless the demurrant

cation, as far as may be, to those works, they would would stipulate to abide his demurrer. They are

bring them into closer harmony with the general an obstruction to justice, for in nine cases out of

usages of the profession. The classification emten, they are simply a contest about form, and the

ployed in those works has been the result of long substantial fight comes off afterward. The result is

and careful study and experience, and probably delay and expense.

comes more nearly to meeting the general needs of

the profession than any other.” The State reporters One of the most frequent subjects of reflection in

usually err, we think, in the paucity of cross referwarm weather is ventilation. This is also the most

ences. It seems to us, too, that it is better, under serious problem in modern architecture. Perhaps

the cross references, to give the page of the case some of our readers may know of a court-room that

than simply a reference to another part of the inis well ventilated and at the same time tolerable in

dex. temperature. We do not now recall one. Most of We have read, marked, and inwardly digested the the nervousness, headache, impatience, and petu- prevailing opinion of the Indiana Supreme Court, lance of lawyers is attributable to illy ventilated in State of Indiana v. Swift, on the adoption of the court-rooms. They kill off our profession with constitutional amendments. It is not conclusive to sureness and rapidity. It is impossible for any man our minds. The decision is as follows: “The opinto preserve his mental equilibrium in a court-room ion, therefore, of this court is that it requires a masteaming with bad breath and foul odors, and now jority of the electors of the State to ratify an amendat roasting and again at freezing temperature. The ment to the Constitution; but that the whole numbest court-rooms of the city of New York are not ber of votes cast at the election at which the irreproachable in this respect, we believe, and the amendment is submitted may be taken as the numworst are deadly. In London, we are informed, ber of electors in the State." To which Biddle, they are even worse. The public seem to think that C. J., who pronounces the opinion, adds as follows: almost any hole or den is good enough for the tem- "The writer of this opinion, speaking for himself ple of justice. There need not be gorgeousness nor only, holds that it requires the votes of a majority of imposing display, but there should be a little sensi- the electors of the State to ratify a constitutional ble attention to the preservation of health. We amendment." The addition shakes our faith in the may also remark here, that no attention is paid to judicial soundness of the rest of the opinion, for it acoustics in court-rooms. One would suppose this is an expression that has met with very little aca rather important point, but the rule generally is ceptance among judges, and for which there is no

VOL. 22.- No. 7.


decisive precedent. The chief justice dwells on scenes after Balbo's execution were exceedingly disthe injustice of the plurality argument as follows: graceful. In such cases it would be better for the “The principle of plurality, which might ratify a public authorities to take charge of the body and constitutional amendment, irrepealable by legisla- bury it, than to have it the subject of riotous symtive actions, binding the rights of two millions of pathy and exhibition for money. Worst of all is the people for an indefinite period, by the vote of two attempt to make political capital out of the Govclectors against a vote of one when the whole num- ernor's decision. ber of votes cast was but three, is not only unconstitutional, but is dangerous to human rights and A curious mode of evading an injunction was pracrepugnant to the sense of mankind. As the adop- ticed in Buenos Ayres Gas Co. v. Wilde, Cb. Div., tion of a Constitution is the considerate act of an July 10, 1880, 42 L. T. (N. S.) 657. On motion for entire people, and as it binds all departments of the injunction to restrain defendant from publishing a government and cannot be repealed except by the certain cautionary advertisement, or any other of a same power that made it, its adoption should not be like nature, as calculated to injure the plaintiff's left to the vicissitudes of a meager plurality of business, the defendant undertook until the trial not votes, which the accidents of a day might cast one to issue the advertisements. Defendant afterward way or another.” He dwells much on the history published in a newspaper a notice of the hearing of of the arguments in the constitutional convention the motion, and of his undertaking, which virtually - a very unsafe criterion of legislative intention. repeated the caution. This was in large type, occuHe thinks there is no analogy between the election pying half a page. The plaintiff moved to commit of an officer and the adoption of a constitutional the defendant for contempt. The court said, “it provision. Courts must judge from what conventions would have been well for Mr. Wilde to have abhave submitted as the result of discussion; not from stained from further advertisements in the newspathe changing phases of debate. He makes no attempt pers.” “Silence is the best obedience in such a to answer the reasoning of the court in Gillespy v. case." But the argument of the plaintiff, that havPalmer, 20 Wis. 544, but dismisses it as follows: ing been ordered not to do a certain thing, the de“This case presents a question similar to the one we fendant was guilty of contempt in telling the world are considering; and if the Constitution of the two he was not at liberty to do it, did not prevail, and States were the same upon this point the decision he was discharged. would be entitled to great respect as an authority in the present case. But as the two Constitutions are

NOTES OF CASES. fundamentally different as to the proportion of votes necessary to ratify an amendment, the decision can

NOVEL case of alteration of a note arose in not be held as an authority in the present case.” A

Leonard v. Phillips, 39 Mich. 182. The note We have already shown, ante, 46, that the provision

was payable in less than two years, and it was held in the Wisconsin Constitution is much more strin

that the addition of the word "annually" after gent than that in the In Constitution,

“interest” did not avoid it. Marston, J., said: quirement being, “a majority of all the votes cast

“If with this word added, we give it a literal conat such general election."

struction, as claimed, and say that at the expiration

of the first year interest thereon would be due and It should be a cause of satisfaction to the law- payable, interest for the remaining portion of the abiding people of this State that the Governor las time for which the note was to run before becoming had the backbone to hang the wretches Cox and due would not be payable until the expiration of the Balbo. His conduct has been heartily approved by second year, so that the second installment of interall the press, so far as we know, with one abusive est would not become due at the time the principal but insignificant exception. The usual disgusting did, but some months thereafter. So the note being exhibition of sentimental sympathy in Cox's case payable on or before October 15th, had it been paid was not accompanied by any serious doubt of the within the first year, the accrued interest could not justice of the verdict. In Balbo's case some of the have been collected until one year from the time the judges above thought they might have brought in a note was given. Such, we think, is not the proper different verdict if they had been the jury. We are construction to be given to it, and could not have glad that they were not the jury. We think Judge been so intended by the party who added this word Daniels who tried the man is better qualified to form to the note. The proper construction to give the an opinion, and he says the verdict was right. Bet- note as thus changed is as though it had been made ter leave these matters to the jury. There is little to read ten per cent per annum." Graves, J., and danger of their erring in the direction of severity. Campbell, C. J., concurred. Cooley, J., concurring, It would be a great pity if the safety of human life said: “When commercial paper is payable with depended on the morbid sentimentalism, pity, and annual interest, the expression means with interest timidity of that considerable class, who send bou- at the end of the year. If the paper is to mature quets to murderers, and sign petitions for commuta- in less than two years, the expression is a very antion in every instance, without knowing or having suitable one to apply, and as has been shown by my the smallest qualification, by nature or education, brother Marston, if construed strictly, the interest for knowing a right verdict from a wrong onę. The for the fraction of the second year would not be


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