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THE NEWS OF NORFOLK ON PAGES 2, 3, 5 AND 8.
? ?? _j_ COURT DECISIONS. Kotes of Cases Recently Decided, Which are of Interest to Our People. DIGESTED BY B MARTIN. (Exclusively for Vlrclnlan-Filot.) LaudiK v. western u. tel. co. Supreme Court of North Carolina, April 20, 18??. where, A HUSBAND, FOR HIS wife'S BENEFIT. TELEGRAPHS IN HIS OWN" NAME. THE DEATH of THEIR CHILD. AND RE? QUESTS ADDRESSEE TO PRE? PARE GRAVE AND MEET THE BODY. HIS FAILURE TO NOTIFY COMPANY" THAT TELEGRAM WAS FOR his wipe'S BENEFIT wh.l NOT PRECLUDE II Kit FROM RECOVERING FOR MENT? AL SUFFERING CAUSED BY FAILURE TO DELIVER. This was an notion by a. husband und wife against the telegraph company for damages for mental anguish suf? fered by the wife caused by its failure to deliver a tclogrnm, and by the as? surance of the company that said tele? gram had been delivered, when lu fact It had not been delivered. The infant child of the plaintiffs had died and the husband, by an agreement with his wife, and for her benefit, delivered to the company a telegram to a. relative asking him to meet the body and. pre? pare a grave. He also notillod the agent that it wns an Important mat? ter relating to the burial of the child. The agent assured him that it would be forwarded Immediately, and to be sure of delivery, the said Laudle went back to tho office of the company about 12 o'clock on the same day, and was assured by it that the message had been delivered to Its destination. He thereupon Informed his wife, tlie feme plaintiff: and she. acting and re? lying upon said representations of the defendant, pn pared the body of her Infant, and started with it to Wades boro on the morning of May 25th,n ach? ing that point n boil I T o'clock a. m., expecting to be met there In accord? ance with said telegram. The said message was not delivered on May 24th, as assured by the company, but not until the following tiny,?too into for any one to meet the feme plaintiff. On account of the non-delivery, she had to remain for several hours at the depot in Wadcsboro, alone with the dead body of her infant, and then make arrangements to carry the same across iho country to Chesterfield, by which she suffered great mental anguish, us she alleges. The feme plaintiff, in or? der to maintain her action, proposed to sh?w that the message was sent by,an agreement with her. and for her bene? fit, and that she was the undisclosed principal, which the court refused to permit. To this ruling the plaintiff excepted, submitted to a nonsuit and appealed. The court nays: , The only point presented to ibis court by the distinguished counsel who frank? ly admitted that it was covered by the case of Cashion v. Telegraph Co. fnt this term) was that of an undisclosed principal. It Is due to them to say that the Cashion Cu?e had nol been decided When the appeal was taken. \Vo sec no reason to reverse our ruling in that case, and therefore hold thai the plain? tiff is nol debarred from a recovery be? cause her name was not signed to the telegram, and the defendant was not then notified that it was sent by her direction or for her benefit. The facts as presented to us in this appeal are stronger than thoscJ In the Cashion case, and therefore bfltsg tins case more clearly within the rule. Even If the male plaintiff had not notified the de? fendant of the urgency of the message. Its Importance clearly appeared upon its face; ami the negligence of the de fendant in failing to deliver it was ag? gravated by its negligent assurance that it had been delivered. We have | decided this question upon what we be lleve to be true legal principles, but , let us gauge it for a moment by the | rule o? common eense. The male plain? tiff left hla wife alonfl ;it homo With the dead body of their child, and went to the telegraph oince to send a mes? sage to a relative to prepare the grave an.', meet the body. Suppose we had found him doing what the defendant says he should have done.?coolly and deliberately Informing the defendant that he was the agent, of one M. B. Laudle, that he sent the telegram by her direction and for her benetlt. and that "she had then in contemplation" heavy damages for great mental an? guish, which would probably result from a failure to promptly deliver the telegram. Would It not have tended to raise in the minds of the jury a suspicion of speculation? While it might have come within tho rule of Hadley v. Daxendalc, :i Exch. 341, would It be within the ordinary rule of human conduct? Would we expect BUCll care and deliberation on the part of a father or :i mother under such circumstances, and would It he reasonable in us to re? quire it? The telegraph is not Intended solely for lawyers, nor for those skilled In hiMincss or experienced in litigation, It !? Intended for the general public, and must meet their reasonable con? venience. Moreover, the defendant, as a common carrier, owed to the plaintiff a public duty, which it should have per? formed with reasonable care and dili? gence. It cannot he relieved rrmti lia? bility for the proximal.' results of its own negligence, if it existed, by un rcasonnbli regulations or technical ob? jections. For error in the Intimation of Irs honor, the judgment of nonsuit must be set aside, und a new trial or? dered. New trial. WILSON V. CARTER OIL CO. Supreme Court of Appeals of West Virginia. April in. ison. WHEN A CORPORATION AND AN INDIVIDUAL ASSUMED TO EN? TER INTO PARTNERSHIP THEY MAY RECOVER <>X OBLIGATIONS MADE TO THEM IN THEIR FIRM N.\ m r:. IN ASHUMPSIT WHERE PLAIN? TIFFS ARE DESCRIBED AS PART? NERS, BUT HAVE A JOINT IN? TEREST, SUCH DESCRIPTION IS SURPLUSAGE. Tht.i was a suit by on.' Wilson and the Devonian od Co.. a corporation do? ing business under tin- firm name of L. C. Wilson ,t i'c. for S512 for work, &e., for th.' defendant. The d tfendant claimed they could not recover, becAuse the plaintiff corporation, under the laws of Pennsylvania, where ii was charter? ed, could n.it legally f irm a partner? ship with any one. The lower court sustained this contention and plain Hits appealed. Tlio court says: The s.de question, then, presented Cor consideration by this record, is wheth? er the Circuit Court erred in sustain? ing said plea ami dismissing plaintiffs' action. As to the question whether a corporation can form a partnership with an individual, the authorities are conllictlng. H is believed that the weight of authority is to tli." effect that a corpora.;uui cannot form a partnership with an Individual. In 7 Am. and Eng. Eue. Law the law is stated thus: "A corporation has no power to form a partnership with nil individual, unless authorised to do so by its charter." And in MoritwetfS on Corporations (section 4'J1) thus: "It seems clear that corporations are not Implledly authorised to enter into partnership with other companies or with Individuals." And Beach, Prlv. Corp. sei tion 842, says: "One firm limy be a partner with another firm, anil there Is no general principle of law which prevents a corporation from be? ing a partner with another corporal in or with ordinary individuals, except the principle that n corporation cannot lawfully employ its funds for purposes not authorized by Its constitution. Having regard, however, to this prin? ciple, it may be considered as prlma facie ultra vires for an incorporated Company to enter into a partnership willi oilier persons." AUtt. in 7 Am. & Eng. Bnc. Law (New Ed.) "94. It is said: "By the decided weight of au? thority, a corporation lias no power to enter lino an ordinary contract of partnership with another corporation, or an Individual or individuals, unless such power is expressly conferred upon it by its charter." Tiie question presented by the record in this case Is not limited to the mere Inquiry whether a corporation can form a partnership with an individual, but Whether the defendants plea consti? tutes a good defense to this action; in other words, if the plaintiffs were not partners inthe strict sense of the word, can we say their recovery in this ac? tion is n cessarlly defeated? In Courson v. Parker, this court held that: "At common law, partners cannot be sued otherwise titan in their individual names, and the allegation of a part? nership name i? merely for the purpose of Identification ami description, irt im? material, and need not be proven; and hence the unnecessary use of it may be regarded as mere surplusage," The same rule would apply to plaintiffs us defendants, and in the case at bar the portion of the declaration describing the plaintiffs as partners may be treat? ed as surplusage. in 2 Bench, Prlv. Corp. p. 1317. sec? tion, it is paid: "Tite results of partner? ship arrangements between corpora? tions and individuals have been sub? jected to the rules governing partner? ships and their contracts enforced, even where the agreement has not been up? held. Accordingly, where a corporation and -.in Individual have assumed to en? ter Into partnership and jointly trans a i business together, they may, by reason of their joint interest, recover upon obligations \y ^t>' t> them In their I artncrshlp name, irrespective of their partnership rights ami duties as be? tween themselves, or the capacity of the association to execute incident to a partnership." A case directly in point is that of French v. Donahue. JH Minn., 111. in which the court holds that "where an association, or corporation and another.have assumed to enter into a partnership, and jointly transacted business together, they may recover, by reason of their joint interest, upon ob? ligations made to them in their part? nership name, irrespective of their part? nership rights and duties as between themselves, or the power of such asso? ciation to execute the powers incident to a partnership." When the declaration in the case un? der consideration is relieved of its sur? plusage, it only claims that Iii? de? fendant is Indebted to i.. < ?. Wilson and the Devonian nil Company in the sum of $512 for work and labor performed for. and for goods ami chattels sold and delivered to. the defendant, for which the defendant promised to pay them; and, after getting the benefit nf the labor and receiving the goods and chat? tels, Ihe law will not allow tho defend? ant, by special plea, to avoid its liabil? ity by averring that one of tin; parties willi whom it contractetd was a cor? poration, and Incapable of forming a partnership. Whether the plaintiffs were partners or not. the liability was Incurred by the defendant assuming the payment of tin- account to the plaintiffs Jointly: ami my conclusion Is that the court erred in overruling the plaintiffs' objection lo said plea, and allowing the same I<> be filed, and in dismissing the plaintiffs' action. The Judgment com? plain, d of is liiere-,no reversed, and the cause remanded. i.? >-h F.xamlnefl Free, Dr. A. Week manager of the optical department of the Gale Jewelry Com? pany, will examine your eyes free. De? fective vision and complicated cases specially invited to call. je26-tf Wo are mnkinc a special run on FINE QUALITY DIAMONDS. Le.irn our prices for flrst-clnss goods. Till-; GALE JEWELRY CO. AMUSEMENTS. FIELDS' BIG MINSTRELS. The name of AI. 0. Field stands for olean and* wholesome. He has estab? lished a reputation for giving reiined performances. Each year Al o. Field furnishes his patrons with a show dif? ferent and better than that of the pre? ceding season. This year it is claimed his big company contains many new and> novel features, much that is bet? ter than he has offered before. A list of the company contains the names of many performers, vocalists and musicians, who have reputations co-extensive with two hemispheres, In AL G. FIELD. eluding the famed Faust Family of Acrobats, the Nondescritlt Trio, the octette of solo singers. the funny comedians, the big cornet band. Evcr hardt, the German Jongleur, and the boy choristers. Tommy Donnelly. Har? ry Shunk, Hoc. Qulgley, Dan. Quintan, Falrman & Hyde and AI. (',. P.eld. These names are a. guarantee of a first-class performance. They will be see at the Academy of Music on Tues? day evening next. THE GREAT HERRMANN. "The Great Herrmann" is coming next Wednesday evening. August 30th, is the announcement of the manage? ment of the Academy of Music. Herr munn, with his marvelous sleight of hand, his awe-lnsplring Illusions rtnd his fun-loving proclivities that have delighted and entertained the Inhabi? tants of all the civilized communities LEON HERRMANN. on the globe. The world still has a child's heart In its love of mystery. It never wcarlca of what Plaues Its curiosity or sense of wonder, und the entertainment which the Great Herr? mann presents fills? his audience with amazement. Leon Herrmann Is a great Illusionist and master of magic. For sixty years the name of Herr? mann has stood for what Is the best in llie domain of magic. OTHER LOCAL ON PAGE 8 '1 Breaking a Record. Just a month ago we instituted our ]A Price Sale?as you'll remember. The pro? gress of it rolled up a volume of selling that was phenomenal. It was a matter of ambition with us to surpass the record of business done before. It's a whole-store event?touching this season's needs?and next. The sale ends Thursday evening?and here are some of the otTerings in Men's Cloth? ing. They'll till a want, we are confident: If you want a Suit, warranted fast color and all wool, made up in Ui? Litest style, there are about 235 rare values left, to be sold at just JfJ their original prices. If you want a pair of Trousers?and that's most likely?the '.--Price Sale is still in progress?offering better values than ever before. Trousers worth $3.00 for $1.50. Trousers worth $4.00 (or S2.0O. Trousers worth $7.50 for $3.75. 150 Unlincd Serge and Cheviot Coats, fast Blue and Black? Single and Double-breasted. The very same Coats tint a-, nrk sell earlier in the season at (4. Special. ?p.<c.UU too Unlined Scree Coats, if for no other wear you'll tf . ef. lind them handy in the otlice; worth $3. Special.. ?pl.5U 150 Fancy Vests, in Silk, Worsted and Cheviot; He; variety of patterns, many of them new effects that will tigure as popular in the fall showing; Slngte,or Double-breasted; worthfj Q_ and 55. Special. $1.00 Sak? Company, 234 AND 236 MAIN STREET C. E. JENKINS. New Dry Goods! 1 am opening dally my new Camcrl'a Hair Suitings, Homespuns Cheviots, Ver n\iiiun clothing, Covert clothing Suiting, Flannels. Just think of a. 46-incti Veal tlon and Covert Cloth, at GOc Also Ktig llsh Kerseys, In all colors. These goods Will ho offered at nhnvc prices on Monday, with many ether bar Cains. Tho bnl.inro of my Wash floods will almost ho given away on Monday. Come and save money while you can. C. E. JENKINS, New Store, Monticcllo Hotel. Southern Hell "Phone, 1CW. Attorneys: All forms of Court Bonds issued promptly in the AMERICAN BONDING AND TRUST CO. Call at office of THE OK TIIONK C5S. STENCIL GUTTERS, Rubber and Steel S'.mnpj, Railroad, Hotel, BaggnN nint Brass Checks s?ale, badges, Steucil and Stump Inka, Pads, Daters, etc. PHOENIX stamp ond oieociiM, Job Printers, Cot. Nlvlioa and Church Stt, CP? S$>? 45B>? (S>? 4SI?? ?55=? J8>~ tf^ ?Sc? I HOBDAY'S TORCHON LACE OFFER | <> 40 pieces of New Torchon Laces, $ $ worth from 10 to 2."o a yard, will s.-ll ? A at 6%c. a yard hero on Monday. 3> only 12 yards to each buyer. 04>4>? *4>00 # A*o oo ***4> Popular Things in Black Silks. Nothing wears so well as a Black Peau do Soie Silk. Nothing looks so rich as a rich Salin Duchesse. Nothing renders the subtle rustle of a Taffeta Silk. Which of the three do you prefer? Here are the prices: Handsome Heavy Black Peau de Soie Siik, 21 inches wide, price $1.00 a yard. The entire range SI.25, ?51.50, $1.75 and S">.00 a yard. Rich, fine quality Brilliant Satin Duchesse, 23 inches, price $1.00. The whole range: 75, ?9:-, S 1.25, gl.50and SI.75. Extra line Black Taffeta Silk, 2\ inches. o'5c. a yard. It's very line. Otber prices: 59c., 75c. and $1.25. 21 inch soft, deep Mack Armure Silk, 75c. and 89c a yard. m i ?eeita0?<iM?M?eee?es?it??iatMe Throughout the store there are sprinklings of Fall's various novelties. Just put on display a choice line of Ladies' Black and White Velvet Collars, decorated brilliantly in steel, jet and golden scales and spangles. Many others are mentioned in this writing. Search for them. Ulli c The sultry and sickening summer sea? son is nearly gone, and the cool autumn season will be here soon. Fall Fabrics and Winter Wearables have already found their way here. We've just opened up a full line of Fall and Winter Underwear for Men, Women and Children. A line with all Classes, qualities and shapes. Popular prices prevail. Just unboxed a line of beautiful, big, bright Figured Sat teen and Silk Com? forters. Some liHed with soft French batting?others with genuine eiderdown. Prices range from $2.00 to SI2.00. Fashionable Fall Furs are now open. Buy now?you'll save money. Handsome Plaid Lined Capes ready, too. Black and Colored Dress Goods. They will do wiscty who will buy their Fall Skirts and Dresses now, be? cause the choicest and prettiest produc? tions always appear in the first display. These are Autumn's earliest inklings: 56-inch great big stylish grey mixed Plaids, all wool, SL25 a yard. Handsome Camel's Hair Suitings, in the choicest plain colors, with rich, bright pi.lid backs, 56 inches, S2.50 a yard. 48-inch pretty Combination Plaid of grey and green; soft camel's hair surface, $1.25 a yard. A pretty assortment of Plain, Melrose, Vcnetjan and Hop Sack Suitings. Ask for Priestley's Wool Powderette for Mourning Dresses. Black Russian Serge, the great wearer, 48 inches, 75c. -10-inch Sponged Camel's Hair Serge, 50c. a yard. 44-inch Black Poplin, 75c. a yard. Many uthers. COW 0*0-90000 0?OO00$O MC??4)?? I MONDAY'S ASTOUNDING PIN 0I7ER. I l.OCO papers of best 5c will soli at le. a paper, day?not more than 3 buyer. English Pins, ? Hi m on M.ia- A papers to one 206 Main Street, Academy cf iilusic Building, Blankets. Too warm to talk about Blankets? O yes, it's too warm to use them now, but it's the time to use your money. It won't be long, though, before you'll need them, io buy now. Consider these prices: Full size 11-4 fine Wool Blankets, $2.89. That full size 11-4 live pound fine Wool Blanket; that 55.00 one, at S3.9S, is positively a big Blanket Bargain. Genuine All-wool Red Sultana 11-4 Blankets, $4.89 a pair. Extra size 12-4 line White Wool Blankets, at S4.cvj> a pair. 11-4 Silver Grey Wool Blankets, $2.93. We can't tell the merits cf these Blanket* in this short space. We only give you the Mze and price. We invite you to come. <*c * <?o*o**o*? ?>?#-?? I MONDAY'S STOCKING SALE. | ? 20c quality of Ladies' Fast Black ? J Regular Made Hose will sell at 12' je * ? a pair hero on Monday. Only six m A pair to a buyer. X ???**00**????A<?4>ft4>64>4>?4X>#4>?0 Things for the Es House. ^ Make Dozier's your favorite place for l<rJ Housekeeping Goods, and feel safe, for . -mm nothing but strickly lirst-class goods are <P allowed to enter, and the prices are strictly on a level with the lowest. m We've just thrown on the center _^ counter some new German and Austra- O Han Flannelettes for wrappers, in pretty ? colors and patterns at S and 10c. a yard. Fine Chinchilla, in dark plaids, 12^c. a yard, for wrappers, etc. . ?c# 52-inch soft and thick Table Felt, 39c Best Lancaster Ginghams, 5c. a yard. "-^g Best grades navy blue, red, grey and m black and white Calicoes, 5c a yard. ??jg Largest size Sheets, 90x90, 5oc each. ' H. S. Piliow Cases, 12#c. each. Large size Bed Spreads, 98c, ready hemmed. SIP H NORFOLK, VA. I MONDAY'S WHITE SHIRT OFFER. | .? Our Men's excellent r<>c. t'nlaundered ? White Shirts, will sell at 3Se. each. Here on Monday?not nior? than 6 to a buyer. ??A?**4>4>?4>?O*4>e4>90?4*4>?<>?4>** e?auuuiiUiiuuuiuuuiuuiuuuu.iuuiuuuiiiiiiiu..iii.iuauuuuaiuuuuuiuiauau.uuiasi^