"E.P.M."__ has succeeded in
getting himself into trouble by
carelessness and a lack of legal
knowledge. He was formerly in
business and sold his tock of
goods. He left his fixtures in
the room that had been occupied
by him as a store and left the
city for a year. He was notified
to remove the fixtures, but they
not being valuable, he paid no
attention to the notification,
supposing that the owner of the
house would put them in the
cellar or the back yard. The
room remained without a tenant
until the return of "J.P.M.,"
when the landlord presented him
with a bill for the rent for the
entire year. This amount will
have to be paid, the facts
constituting what in law is
known as an implied tenancy.
______
"E.F.C."__An auctioneer who has
innocently and in good faith
sold property at public outcry,
which has been stolen, is liable
for the value of the goods, even
though he has turned the
proceeds over to the pretended
owner, who was guilty of
stealing them.
______
"Q.E.B."__ Where a customer
requests a merchant to give
credit to a friend, saying that
if the friend does not pay, he
will, no legal liability is
caused. Any verbal promise to p
ay the debt of another is within
the statutes of frauds and
conveys no liability whatever. A
surety ship to be binding must
be in writing.
______
"A.G.I."__ The contracts of
railroads and other
transportation companies printed
on their bills of lading and
tickets limiting their
liability, even when signed by
the shipper or passenger, are
void so far as negligence is
concerned. Negligence is a tort
and a common carrier cannot
contract against liability for
wrong doing.
______
"A.D.P."__The statutes of
limitations of the several
states do not run as against
persons under legal disability.
A creditor who is sane at the
time a debt is created and
afterward becomes insane, is not
barred from bringing a suit when
he recovers his sanity, even
though the statutory time has
elapsed during his period of
disability.
______
"G.H.S."__presents a peculiar
case for consideration. Martin
dies, leaving a will providing
that in case an unborn child
should be a son the child should
receive one-half of the estate
and the widow one-half. In case
it should be a daughter the
child should receive one-third
of the estate and the widow
two-thirds. After the testator's
death the widow gave birth to
twins, a son and a daughter. The
will is void and the estate must
be distributed according to
statute.
______
"R.P.K."__Intoxication is not an
excuse for crime in any state of
the Union, even though at the
time of the commission of the
offense the defendant is so
grossly intoxicated that he is
unconscious of what he does and
has lost all control of himself.
In these crimes, however, where
criminal intent is a necessary
feature, intoxication is allowed
to be proven in order to
mitigate the punishment by
reason of lessening the
intention. It is not, however,
allowed to do away with the
intention altogether unless it
is of such a nature as to amount
to actual insanity.
______
"A.S." inquires as to the legal
result of the following facts:
There was an account between A.
and B., which B., the debtor,
disputed as to the amount,
whereon A. agreed to take a sum
equal to about three-fourths of
the debt without condition as to
time of payment. A week
afterward B. tendered the
amount, less the reduction
previously stipulated. A.
refused to accept it as a full
satisfaction on the ground that
he had changed his mind, and his
promise was not binding, because
it was without consideration.
Can B. enforce the reduction as
a credit?
ANSWER__He can do so, because
the account was not an
ascertained debt, there being a
dispute upon it. This is the
line of distinction; it is a
generally recognized doctrine
that where a debt is ascertained
and fixed, a mere agreement to
accept a smaller sum in lieu of
it cannot be enforced, because
of the want of a consideration
whereas in the case stated by
"A.S." the settlement of a
dispute is regarded as a
sufficient consideration for the
promise of rebate. But the
courts all seemed inclined to
obliterate, or at least blur the
distinction, and so agree that
if in the case of a liquidated
debt a promise of reduction is
made and there is any benefit
whatever, or even a legal
possibility of any benefit to
the creditor thrown in the
promise can be enforced. Thus,
if a debtor give a promissory
not4e indorsed by a third p arty
or secured by a mortgage, the
promise of the creditor to
accept this in lieu of a larger
amount, or payment of a less
amount before the debt is due
furnishes a sufficient
consideration, or such payment
at a different place than that
stipulated in the contract. Or
if a promissory note is
surrendered to the maker on
payment of a less sum, the
creditor cannot afterward
enforce the payment of the
balance.
______
"T.M." inquires whether a
subscription for the purpose of
building a church can be
collected by law.
ANSWER__It is a universal
principle of law that no promise
to bestow a gift can be
enforced, because of a want of
legal consideration. it is held
to be subject tot he will of the
owner merely and can, at his
discretion, be recalled. And yet
it has been held by some courts
that the improvement and benefit
resulting to community from the
erection of a church furnishes a
sufficient consideration for a
promise to contribute to that
purpose. Others have held that
the mutual promises of
subscribers tot he common object
constitute sufficient mutual
consideration to support the
promise of each. But the new
York Court of Appeals regards a
subscription to pay off a church
debt void for want of
consideration to support
liability of any sub-church
would come under the same rule.
The court held in the case of
the First Presbyterian Church
vs. Cooper that the fact that
all are co-laborers in promoting
the common object is not
sufficient. And even where
trustees, in common with others,
are active in promoting that
object, their labors are not for
that reason to be regarded as
official, but individual merely,
and so do not afford any
consideration to support
liability of any subscribers.