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Commercial Law.
BRIEF DIGESTS OF LITE DECISIONS.
Tenanoy
A tenant does not violate the condi
tion of a lease against an assignment
or a sub letting of the premises by
permitting the temporary occupation
of a room in the building by another.
—Leduke vs. Barnett 8preuie Court
of Michigan.
Mortgage—Waste
A mortgageor may, in the absence
of fraud, sell wood, coal, ore, etc.,
^ growing upon or contained in the
land mortgaged, without being guilty
of waste as against the mortgagee.
Angier vs. Aguew, Supreme Court of
Pennsylvania.
Advancements
An advancement is the giving by
anticipation of the whole or a part of
which it is supposed the child or per-
son would be entitled to receive on
■Kthe death of the party making the ad-
mBBm van cement. It is a pure and irrevoca-
.. ble gift.—Harley vs. Harley, Court of
Appeals, Maryland.
^ Life Insurance
An occasional use of intoxicating
drinks will not render a man one of
intemperate habits so as to avoid life
insurance policy in the application of
which he was warranted as of temper
ate habits, nor will an exceptional
case of excess, even though resulting
in delirium tremens.—Knickerbocker
Life Ins. Co. vs. Foley, Supreme
Court of the United States.
Interest on Notes
Where a note is made payable at a
future day with interest at a prescribed
rate per annum, such iuterest does not
become due or psyaMe until the priu-
pal sum does, unless there is a special
provision in the note to that, effect.—
Tanner vs. the Dundee Land Co., U.
S. Circuit Court, District of Oregon.
Checks
There is no fixed rule of law that
the holder of a State check takes it at
his peril, and is affected with any
equities attaching to it as in the case
of overdue bills and notes. But if
an action is brought on a State check
the holder must prove not only tha
he came by it bona fide, for value,
without notice of any equities, but
must also show that he took the check
under circumstances which ought not
to have excited suspicion in the mind
of a reasonably prudent person.—Lon
don and County Bank vs. Groome, 46
Law Times, p. 60.
Loss of Profits
In an action for breach of contract
to deliver goods it was shown that the
goods were not procurable in^ht^nar-
ket; ths$ the plaintiff
in
ie knew
Sen purchased by
(for sale. Held that the
not entitled to recover
loss of profit on the re-
>Thol vs. Henderson, Court of
n’s Bench.
Beal Estate Liens.
jty owning real estate subject
or judgment sells part of
plaining in his hands, if of
value, must bear the whole
fe of such mortgage or jiftgment,
"the part sold cannot be made to
Contribute until that remaining with
the debtor or mortgageor has been ex
hausted. This rule extends to pur
chasers of the incumbered premises
and in an order inverse to the dates
of their several titles. It also extends
to releases of mortgages.—Matter of
Martin’s Appeal, Supreme Court of
Pennsylvania.
Lunatlo’a Liability
A lunatio was held liable for per
sonal injuries occasioned plaintiff by a
defect in the doorstep of a building,
owned by the lunatic and under the
management of his guardian. By the
common law a lunatic is civilly liable
to make compensation in damages to
persons injured by his act, although,
being incapable of criminal Intent,
he is not liable to indictment and
punishment. But this case does no
require the affirmance of so broad a
proposition. The owner of real estate
Is liable for a defect upon real
estate owned by him and not exolu
slvely controlled by a tenant, al
though not caused by his own neglect,
but by that of persons aoting in his
behalf or under contract with him.
And there is no precedent and no rea
son lor holding that a lunatic having
0 y 1. thiy^HiAysexemBt from tbs respon
sibilities of ownership of real estate.—
Morain vs. Devlin, Supreme Court of
Massachusetts.
Bailroad Crossings
The failure to erect Ciution boards
at railroad crossings a< required by the
statutes does not necessari'v make the
railroad company responsible for dam
ages occasioned by a collision with
one of its trains at the crossing. The
caution board i-t for the purwus'’of a
notification to those who are passing
aloug the road. And where a party is
familiar with the crossing and has fre
quently been over it and had it in
mind on the occasion in question as
he approached it, he cannot be said
to have been injured by the failure to
set up the caution. The fact that the
approach of a railroad to a highway
crossing is obscured by embankments
or otherwise, imposes upon travelers
by the highway, as well as upon the
railway company, special care to avoid
collisions.—Haas vs. Grand Rapids &
Indiana Railroal Company, Supreme
Court, Michigan.
Power of Attorney
A power of attorney to “superintend
any real or personal estate,” and gen
erally to do all things that concern the
interest of the principal, and giving
the attorney full power to use the
name of the principal to release others
or bind the principal, does not em
power the attorney to sell real estate.
An instrument under seal given to
such attorney in fact by the principal
acknowledging himself firmly bound
by all the acts of such ageut or attorney,
and ratifying and eoi firming whatso
ever he had done in his name, and
acknowledging the receipt in full off
all sums of money, dues, obligations
and other things from such agent or
attorney, does not ratify or validate
conveyances of real estate made by
such attorney acting under such pow
er of attorney.—Hunter vs. Sacra
mento Valley Beet Sugar Co., U. S.
Circuit Court of California.
Polluting Water-Course
The right of riparian owner to have
the water of a stream flow through or
by his laud in its natural purity aud
without appreciable pollution caused
by owners above him, is well settled
is a part of his property, and will be
protected by injunction. Nor is thi3
right modified by the fact that the
flow of the stream has been increased
by reservoirs built along its upper
course.—Silver Spring Bleaching and
Dying Co. vs. Wauskuck Co., Supreme
Court of Rhode Island.
Bepresentatious
Where one represents himself as an
owner and as such contracts and is
contracted with, the person with
whom he contracts may sue and re
cover against him as an owner. So,
when one represents to another that a
nated person is his servant or
agent, and induces the person to
whom such representations are made
to confide in and act upon them, an
action may be maintained for the ser
vant’s negligence, although the rela
tionship did not exis*\—Growcock vs.
Hall, Supreme Court of Indiana.
The Bitter Secret.
English and American Society.
Perhaps the greatest contrast in
English society as compared with
American is that in the former a
woman’s importance grows with years,
whereas in the latter it declines. At a
large English country house some
difficulty arose to making room for
all the guests expected at dinner.
‘Way, let those girls (indicating two
pretty young ladies) take their dinner
at luncheon-time,” said an old peeress,
“and comedown to the drawing-room
in the evening. We don’t want young
girls at dinner; we want good talk
ers.” This old lady was a famous
London dinner-giver, and loved “a
feast of reason and a flow of soul.”
Lady Salisbury, who stands at the
head of the great society leaders in
London to-day. is 67; Lady Derby
about the same age, and many others
conspicuous as agreeable entertainers
at the same period of life could be
oited. But here, even now, ladies of
such an age seem to deem themselves
shelved. It is a great pity. A woman
of 60 has knowledge and experience
which if she be naturally intelligent,
can scarcely fall to make her sooiety
congenial to men of sense, whether
they are young or old. It is often re
marked by clever young fellows that
their pleasant hours at London ballB
are spent rather in talking to agreea
ble mothers than in dancing with
their daughters. Nothing oould im
prove sooiety here more than a deter
mination on the part of ladies of ma
ture age to keeu well to the Yont sad
aseert themself*
Never had the bright blossoms of
hope been showered around a betrothal
of more promise than that of Maude
Livingstone. Her “accepted” was both
a men and gentleman in the strictest
meaning of the term. Beauty, too,
had dowered noth ; she wiih rippling
tresses of the deepest auburn; eyes so
very blue that a shadow changed them
almost to haz' l, and puzzled the bo
holder; a complexion of the purest
white, through which the tell-tale
blood curdled in roseate blushes ; nose
as daintily carved as ’fever sculptor
dreamed ; and a Bmall mouth whose
coral-cleft lips revealed alineof regular
and dazzling white pearls within.
And yet there was an expression about
those little lips that betokened a firm
will if the heart was ever called upon
to battle for the right; an expression
such as has carried heroes through a
whirlwind of battle, and made mar
tyrs die triumphantly and with songs
of rejoicing at the faggot-surrounded
stake.
For him, if he was the opposite in
his strongly-sinewed form, in his
eagle eye, in his black and straight
hair, and somewhat strongly marked
features, he was still gifted far more
than is usually the case with manly
beauty—was just such a one as a true
hearted woman would look up to and
lean upon—just the human oak around
which the more tender human ivy
would clasp its tendrils lovingly and
cling to, even though want or shame
come to the bitter end.
But there could be no fear of this for
them. Education and wealth forbade
even the thought of such a future ; aud
when the soft moon shimmered
through the interstices of the cherry
trees and made the ripened fruit glit
ter like globes of blood, they fell upon
as true a heart-plighting as was ever
seen upon earth.
Yet the next night they met again,
and how all was changed ! Sunlight,
starlight, all hope and joy was ban
ished from their young hearts, and
dense darkness reigned alone and
triumphant there. A few short hours,
and the trail of the serpent was over
all the love-flowers, and the poison
was distributed into every bud of
glorious promise.
“My God, Maude! ” was the excla
mation of her lover, as he came to the
very spot that had thrilled with the
words of endearment, and saw how
ghastly was her face. “Oh, my God,
Maude, what is the matter with
you ? ”
“Nothing.”
The accent was firm, although the
words came from the trembling lips
now robbed of their coral hue and
wearing almost the ashy one of death.
“But^iomething is the matter,” he
replied, as he sat down by her side,
and stretched out his arm to clasp her
to him.
“Did I not say ‘Nothing?’ ”
“Maude, darling, I will not be put
off in this manner. Something ter
rible is the matter, and I have a right
to know what it is.”
“You know all that you ever will—
except one thing.”
“Are you mad, Maude, that you talk
th^s? ”
“Mad? Oh, heaven ! I fear I soon
shall be. Oh, that I could die—die !” f
“But tell me what is the matter.
Something far more than common
must have driven you to a state of
feeling like this.”
“ Yes, something has happened ;
something more than terrible.” and
she repeated the words as if weighing
well their importance; “ something
that you will never know—that none
but God and Dr. Malcom will ever
dream of until the grass is grown green
above me.”
“Maude, Maude, this is terrible.
You will not—you cannot—keep this
secret from me!”
“i must, ana will. My life—my
whole life—is blasted ; but as God is
your judge, thiutc no evil of me, for I
am innocent either in thought, word
or deed, of anyllBng wrong.”
“Maude, 1 vwll not listen to such
words. You ahu tell me the secret that
is crushing ytm to the earth. Thluk
of last nignt, m the promise you made
in the sight, m it were, of God and his
holy angels, t^hd refuse me if you o&u.”
“No; you wrong me. If you only
knew all you would not judge me thus
harshly.”
“Maude, Maude, what am I to think?
You aresuffering, suffering; far beyond
your nature to bear, and you deny me
consolation of sharing your sorrow; of
attempting to lighten your burden.”
“You must think what you will,
only no wrong of nu ; I have not the
power of altering’t. As I have already
said, when the grave closes over me
you will learn all; but until then,
nothing.”
“Then you never loved me?”
“Never loved you? Great heaven! I
have never loved you half as wildly
and deeply as at this moment.”
“Take back this ring and fell me
all.”
“Never. You know not what you
are asking.”
An hour of vain eff >rt—an hour of
entreaty, urged by eloquence and in
tensified by love, satisfied him that
she, so gentle and yielding to him
before, had become iron in this. She
would not renew her troth—would not
take again the engagement ring—and
he bowed his head upon his hands,
and strong man as he was, wept like a
little child.
‘But one thing, Maude, my darl
ing,” he resumed, after a long pause
of bitter thought. “Tell me if there is
no way in which I can help you; if
not as a lover, at least as a man ? ”
‘No, none; but there is a favor I
would ask of you,” and she looked up
pleadingly, her eyes streaming with
tears.
“Name it. Anything that man can
ever do shall be done.”
“It is but little. Never seek me
again until I send for you. Will you
promise me that? ”
“If you will promise to call upon me
as a brother when I can be of even the
most trifliug assistance.”
“I promise before God.”
“And I. May He not deal lightly
with the one who first ignores the
compact. But is there no single thing
that I can do for you before I go? ”
“None. One word might reveal all.
My trust is in God—God and Dr. Mal
com.”
“Doctor Malcom,” he repeated,
almost savage. “Doctor Malcom!
By Heaven !—he shall tell me ; ” and
he clasped her in his strong arms,
kissed her warmly before she had
time to resist, and darted away, deter
mined to flad the physician and force
the secret from him.
But he calculated without his host.
Doctor Malcom was not the kind of a
man to divulge confidences, even
if lightly made, and much less so when
it was one of vital importance, and so
the half distracted lover flew to the
mother for information—and met with
a like success. The poor, afflicted
“That e pel/ is broken—that promise
D void,” she answered,with a sigh that
was more like the wailing of a broken
harp strii^ when suddenly struck by
a carelesf hand, than by a human
voice. “Yes, that dream is broken.
Happiness and I are strangers henoe-
forth^nd forever. Here is your ring;
take it. It shall never rest upon a
linger of mine again. With Its parting
I take baok all that I ever promised.
I oannot, will not be your wife.”
“Notyny wife! Now I know
you
i
woman wrung her hands and wept
bitterly but had nothing to tell. The
terrible secret had been kept from her
as well as him.
And so a long, weary week passed
away, with Maude Livingstone con
stantly growing more feeble. All of
beauty was fading from her face. The
fair skin was becoming sallow and
wrinkled ; the bright eyes were losing
their#glorious azure; the lips were
drawing back, shriveled and shrunken
from the snowy teeth, and the very
hair seemed to be burned from the
roots by some terrible fire of the brain.
But still she dragged herself, day
after day, to the house of the physi
cian. Dragged — for the sprightly
walk had changed into the movements
of an old woman to whom even “the
grasshopper had become a burden.”
And her lover was but little better
off. He too, grew thin, and was
almost heart broken. Terrible as was
the effort, he kept from Maude, and if
they chanced to meet, he turned his
eyes away that he might not see what
a very wreck she bad become.
But wllht could this fatal, terrible
secret be? Ho thought of everything
possible except those that would reflect
upon her. To his honor be it said, he
never thought—never allowed anyone
to speak of her except in terms of the
highest praise.
Six weeks— three months—a year
passed, and yet there was no change,
except that she had wasted to a
shadow; that she no longer was seen
abroad; that her glorious voioe was
hushed in the choir, and her once
merry laugh had dwindled away into
the very ghost of an echo. Yet still
there was no revelation, still none
were the wiser as to the cause of her
illness.
“Great Heavens! will this suspense
—thiB almost mortal agony, never
end ? ” said the disconsolate lover, as
he returned home one evening, after
having, by acoident, caught sight of
he loved so well, for the flret
time in months. “Is there no power
to save her? Ob, that I could know
the worst, at once ! Certainly it could
not be as terrible as this uncertainty.
T must know. I cannot live any long
er thus. She, my Maude, my darling,
will not see me, and I have promised
not to molest her; but the doctor! the
d< ctor! I’ll wring the secret from his
very heart.”
But fortunately he vas saved from
his rash determination by the sudden
arrival of a messenger from Maude,
and with flying feet he hastened to
her side.
“Maude, my darling, my darling!”
was all he could exclaim, as he sank
hy the bed upon which she was lying,
whiter than even tiie snowy lineu.
“Robert!’’and the shrunken arms
drew his head nearer to her, and her
lips rested upon his forehead in a holy
kiss.
“Is there no hope?” Maude asked
as soon as she could command her
feeling.
“None,” replied the .physician, sad
ly, as he turned away to wipe his
eyes.
“As God wills. But now I release
you from silence. You can tell all.
Tell him how much I loved him.
Tell him how I have suffered for these
long months, and all for his dear
sake.”
And the doctor did tell all. He told
that on the very night of their
betrothal she had been bitten by a
rabicl dog, and believing that she
would die from the terrible disease
that would follow, she had nerved
heieelf to keep the secret—to free him
from his engagement, and had suffered
more th»n tongue can tell.
“And if you had lived you would
still have kept silence? ” asked her
lover.
“To the end. But all is past now.
The sickness, fatal thought it may be,
has brought great happiness. Kiss
me, Robert, darling, I am dying—
dj ”
“Hush! ”
With startling emphasis the physi
cian uttered the word. He saw that
a great change was taking place, and
it was not death, but life.
Again the cherries hung quivering
like blood drops among the green
leaves, and the soft moonlight flashed
like silver fire between. And again it
shines upon Maude Livingston and
her lover-husband. The past has van
ished like some distempered dream,
and in a few short months, when the
roses shall blossom fully again upon
her cheeks, no one will ever dream
that she so nearly journeyed through
the dark valley and shadow of death,
to prove the trials and triumphs o
love and gain a life long happiness.
Economies ot the Kitchen.
Turbot.—Take a white fish, steam
till tender, take out the bones, and
sprinkle with pepper and salt. For
dressing heat a pint of milk, and
thicken with a quarter of a pouud of
flour; when cool, add two eggs and a
quarter of a pound of butter, and sea
son with very little onion and parsley;
put In the baking dish a layer of fish,
then a layer of sauce till full, cover
the top with bread crumbs, and bake
half an hour.
Mayonnaise of Tomatoes —Select
firm, ripe, round tomatoes of equal
size. Peel them with a thin sharp
knife (do not scald them to peel). Cut
each tomato into thick slices, but do
not separate the slices, so that the ap
pearance of whole tomatoes may be
preserved. Place them upon ice to
become thoroughly chilled. Just be
fore the salad is to be served, arrange
them upon a bed of crisp lettuce, and
put a spoonful of thick mayonnaise
sauce upon each. This is a delicious
salad.
Scotch Short Cakb.—Take one-
half pound of salted butter, and one
pound of flour; then mix flour and
butter with the hands; then add four
ounces of loaf sugar, and work all
into a smooth ball; then roll out until
it is an inch thick ; prick over with a
fork and pinch round the edges, and
bake for half an hour in oven, with a
moderate fire, in a round or square
pan, according to taste.
Boiling Fish.—In boiling fish al
low live to ten minutes to the pound
according to thickness, alter putting
it in tne boiling water. To test, pass
a knife along a bone, and if done the
flsn will separate easily. Remove the*
moment it is done or it will become
“wooly” and insipid. The addition
of salt and vinegar to the water in
whioh flsh is boiled seasons the fish,,
and at the same time hardens the
water so that it extracts less of the nu
tritious part of the flsh. In boiling
flsh always plunge it into boiling
water, anil then set it where it will
simmer gently until done. In oaae ol
salmonjwt into tepid water in«
oU^^^^MEye tl^ielf oolor.l