The Lawyer's Corner: 1898 #8

 
 

Responses to Questions Of General Public Interest in the Year 1898

"C.G." says: "A girl calling at the house of a friend left her bicycle at the door. A young boy whom she knows slightly asked her to let him ride on it. She said: "No, I, had rather you would not. You might break it." He persisted in begging for it, saying he would pay for it if he broke it. Finally she allowed him to take it, he promising to be careful. Two or three minutes later it was smashed by his running into another bicycle. Will she have to pay for the repairs or can the amount be collected from the boy's parents?"

This is not a case in which the boy's parents would be responsible, although if the boy was not a minor he would be.

"G.I.M." asks: "When does a debt become outlawed? How long after contraction may a suit be brought to collect? I have a check signed by a person who had an account in bank. Some days passed between the date of the check and the time I used it. In the meantime, the party closed his account in the bank. Can I collect the amount of the check?"

The statute runs for different as to different classes of debts. The check can be used as an evidence of the indebtedness, but the original claim must be sued upon, the check not being a negotiable instrument.

"J.R.H." makes the following statement: "In 1896 I rented a house for a certain sum per month from may to May. In 1897 I advanced the rent, on account of improvements made. My tenant undertook to build, expecting to have his house ready by April 1, but failed. I tried to rent, expecting to have the house vacant by May 1. On April 28, I sent a note, of which I hold a copy, notifying him that we requested possession by May 1, and a failure on his part to comply would be regarded by me as leased for another year. His house is not yet ready. On May 3 I sent for rent, which was promptly paid. Is the house mine or my tenant's for one more year from May 1?"

Payment under the new contract as set forth in your note would bind both parties for the year. A lease is good even though not signed, and not in formal terms, if the minds of the parties have met.

"Subscriber," says: "I am a widow with two children. I own my own home, having bought and paid for it with money that was received from my husband's life insurance. Can I keep complete control of my property while I live and will it to my children (so they alone will have it after my death) if I marry again? Will my second husband have any control over my property, and if so, what must I do to settle my property on myself alone, so I alone will have control over it."

An ante-nuptial contract setting forth the property to be placed upon record is the best course to pursue.

"B.B.C.:" I am one of many sisters. One of them died twelve years ago, without making any will, and the others claimed all she left__money in bank, pictures, books, etc. They told me I was not to have the smallest article belonging to her, and they have kept their word. Can I make them render an accounting before the surrogate and claim my share?"

Originally, you would have been entitled to an equal share; but the time in which you could have enforced your rights has passed.

"E.L.C." wants to know: "What steps can I lawfully take to prevent my neighbor's chickens from devastating my place. I have been "shooting" them off for four years. If I speak about the destruction and work they cause me, I am answered with impudence and laughed at for my patient endeavors to preserve flower beds and lawn. I am an invalid and depend on the earnings of my daughter for my support."

Give your neighbor notice that you have distributed poisoned meal around your yard. Then do so and your neighbor's chickens will quit coming.

"F.R."__The offense of bigamy consists of marrying while a legal wife or husband still lives. The offense is committed in the state where the second marriage takes place and the courts of that state have jurisdiction.

"E.K."__Under the laws of Kansas, marriage between cousins is illegal. A decree of divorce rendered by a court of competent jurisdiction annuls a marriage and the parties occupy the same relation, so far as the marriage tie is concerned.

"C.B.M."__A pawnbroker can charge interest on a loan on a bicycle and also charge for storing the bicycle. In storing the bicycle he acts as a warehouseman and is entitled to a stipulated rental for the space occupied by the bicycle and the care of it. As a pawnbroker he can loan money on the goods left with him as a warehouseman.



 

Website: The History Box.com
Article Name: The Lawyer's Corner: 1898 #8
Researcher/Transcriber Miriam Medina

Source:

The Brooklyn Daily Eagle May 22, 1898
Time & Date Stamp: