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.