BILLS AND NOTES. Alteration, see "Alteration of Instruments." Applicability of instructions to pleadings in action on note, see "Trial," § 7. Authority of corporate officer to transfer corporate notes, see "Corporations," § 3. Authority of partner to execute, see "Partnership," § 2. Competency of witnesses in action on note, see "Witnesses," § 1. Cross-examination of witness in action on note, see "Witnesses," § 2. Gifts of negotiable instruments, see "Gifts," $ 1. Nominal damages for destruction of check, see "Damages," § 1. Payment of price of goods by note, see "Sales," $ 4. § 1. Requisites and validity. One employing bankers to draw a draft and forward for collection held not negligent in not reading it before signing it.-Stoner v. Zachary (Iowa) 1098. A note payable to the order of the maker, indorsed by him, creates no obligation against any one until put in circulation by delivery to a third person as payee.-Harnett v. Holdrege (Neb.) 443. Duress, to avoid the payment of a note, must be such an influence exerted by the payee as to overcome the will of the maker and compel a formal assent to an undertaking when he really does not agree to it.-Nebraska Mut. Bond Ass'n v. Klee (Neb.) 476. Facts held to show that certain notes executed in New York were subject to the law of Massachusetts.-Brown v. Gates (Wis.) 221. § 2. Construction and operation. A note signed: "Globe Loan & Trust Co. D., Presdt. T. Secy."-shows no personal liability on the part of D. or T.-English & Scottish-American Mortg. & Inv. Co. v. Globe Loan & Trust Co. (Neb.) 612. § 4. Negotiability and transfer. Under Rev. Civ. Code, §§ 2236, 2274, a note not negotiable in form, by reason of uncertainty in the amount ultimately due, held not entitled to grace.-Davis v. Brady (S. D.) 719. 5. Rights and liabilities on indorsement or transfer. Accommodation indorsement held to have been made for benefit of maker of note, and not of payee.-Bankers' Iowa State Bank v. Mason Hand Lathe Co. (Iowa) 70. Accommodation indorsement and accompanying letter held to contemplate security for inI debtedness to be created in future between maker and payee.-Bankers' Iowa State Bank v. Mason Hand Lathe Co. (Iowa) 70. A blank indorser of a note payable to the order of a maker thereof, indorsed by such maker and delivered to a third person as payee, in absence of any special agreement, held liable thereon as second indorser.-Harnett v. Holdrege (Neb.) 443. The application of a note to credit of the transferror, on existing debt held a sufficient consideration to constitute the transferee a bona fide holder.-Iowa Nat. Bank v. Sherman & Bratager (S. D.) 12. 6. Payment and discharge. Acceptance of renewal note and surrender of the original held a payment of the original.Citizens' Commercial & Savings Bank v. Platt (Mich.) 694. Where plaintiff, at request of defendant, paid for him seven notes held by third parties, plaintiff's remedy was an action for money paid for defendant's use. - Powers Mercantile Co. v. Blethen (Minn.) 1056. § 7. Actions. Burden held to be on partners to show they were discharged as indorsers on a note when a renewal was executed by them.-Citizens' Commercial & Savings Bank v. Platt (Mich.) 694. Error in charging that jury might, in determining whether payment had been made on note, consider maker's statement that payee held it, held harmless. Fowles v. Joslyn (Mich.) 790. Evidence of statements of the maker of a note that the payee held it is admissible to show that the note was not paid in full.-Fowles v. Joslyn (Mich.) 790. In an action on a note, the introduction of indorsements to plaintiff in evidence held to make a prima facie case for plaintiff, under Gen. St. 1894, § 5751.-Huntley v. Hutchinson (Minn.) 971. In an action on a note against the indorsers thereof, answers alleging that defendants had not waived demand or protest, and alleging that the notes indorsed by them were subsequently altered without their knowledge and consent, set up a sufficient defense.-Harnett v. Holdrege (Neb.) 443. Evidence in an action on a note held sufficient to show that they were procured by duress.-Nebraska Mut. Loan Ass'n v. Klee (Neb.) 476. In an action on a note, where defendant pleaded duress, the burden was on the defendant to prove by a preponderance of evidence that the notes were obtained by such threats as overcame his will.-Nebraska Mut. Bond Ass'n v. Klee (Neb.) 476. Evidence in action on note held insufficient to show payment.-Ayres v. Nixon (Neb.) 621. Evidence in an action on a note held insuffi cient to show that the indorsee was estopped to proceed against the maker.-Ayres v. Nixon (Neb.) 621. BLOODHOUNDS. Evidence of conduct of bloodhounds set on trail of fugitive criminal, see "Criminal Law," § 6. BOARD OF HEALTH. See "Health," § 1. BONA FIDE PURCHASERS. At execution sale, see "Execution," § 1. Of goods, see "Sales," § 5. Of lands, see "Vendor and Purchaser," § 4. BONDS. Contractors' bonds, see "Mechanics' Liens," § 6. Sureties on bonds, see "Principal and Surety." A riparian proprietor on a navigable stream has absolute title to the line of ordinary highwater mark by virtue of a chain of title reaching back to the sovereign, and owns to the center of the stream by grace of the state, subject, however, to public rights.-Frauzini v. Layland (Wis.) 499. Provisions in a deed conveying a strip of land covering a bank of a river opposite a dam held not to rebut the presumption that the deed passed the land to the thread of the stream.Roberts v. Decker (Wis.) 519. A deed conveying a strip of land covering a bank of a river opposite a dam across it held to pass the land to the thread of the stream.Roberts v. Decker (Wis.) 519. § 2. Evidence, ascertainment, and tablishment. es In a suit to restrain the maintenance of a fence in a highway, certain evidence as to a survey held not conclusive on issue as to location of a government corner, in the absence of a plea of res judicata.-Brutsche v. Bowers (Iowa) 1076. In a suit to restrain maintenance of a fence in a highway, the appellate court held to have a right to consider a certain survey, though de fendant had not set up any plea of res judicata. -Brutsche v. Bowers (Iowa) 1076. In a suit to restrain the maintenance of a fence in a highway, held, that a determination by residents of the vicinity as to the location of a government corner should be given effect.— Brutsche v. Bowers (Iowa) 1076. Owners of land, agreeing to the establishment of a boundary line, acquiescing therein, and changing their relative rights accordingly. are bound thereby. - Brown v. Bowerman (Mich.) 352. Under Gen. St. 1894, § 5825, in an action to establish a boundary, the court, as to persons interested in any tract of land not originally involved in the action, may in its discretion order them to appear and plead.-Rock v. Donora Min. Co. (Minn.) 889. A complaint in an action to establish a boundary held to state a good cause of action.-Rock v. Donora Min. Co. (Minn.) 889. In locating a road along a half-section line, a line of division fence to which each party had occupied and maintained possession for more than 10 years was rightly adopted as the halfsection line.-Nance County v. Russell (Neb.) 320. In determining on the laying out of a road on a half-section line, the location of the corner in question by the county surveyor in 1887 at the "Assign-in this corner, should be considered as evidence instance of the parties, and their acquiescence that the location was correct.-Nance County v. Russell (Neb.) 320. See "Sheriffs and Constables," § 2. Bonds in legal proceedings. See "Appeal and Error," §§ 8, 21; "Injunction," § 4; "Replevin," § 2. On appeal from justice's court, see "Justices of the Peace," § 5. BOUNDARIES. Where, in ejectment, plaintiff showed the United States survey field notes, which supported his contention as to the boundary, held sucient to carry plaintiff's contention to the jury. -Baty v. Elrod (Neb.) 343. BOUNTIES. Laws 1895, p. 490, c. 205, as amended by Laws 1899, p. 389, c. 307, providing for the Of irrigation districts, see "Waters and Water payment of bounties to manufacturers of sugar Courses," § 1. Of states, see "States," § 1. § 1. Description. Where a river separates Wisconsin from another state, the title by grace of the former to land owned by a riparian owner on its side of the stream goes to its boundary line.-Franzini v. Layland (Wis.) 499. from beets grown in the state, are unconstitational, as in violation of Const. art. 9. $$ 5, 10, relating to aid to individuals.-Minnesota Sugar Co. v. Iverson (Minn.) 454. BOYCOTT. Restraining, see "Injunction," § 2. Of contract, see "Contracts," § 4; "Sales," § 4; School buildings, see "Schools and School Dis Of covenant, see "Insurance," § 6. Of warranty, see "Insurance," § 5; "Sales," §§ BRIDGES. § 1. Establishment, construction, and Under Revision 1860, § 1097, Code 1873, § Where the county boards of adjoining coun- A county held obligated to contribute to the The purpose of Comp. St. 1901, c. 78, § 87 et When a county boundary is fixed at the south Comp. St. 1901, c. 78. § 87, relating to bridges That a resolution passed by the board of one BRIEFS. On appeal or writ of error, see "Appeal and BROKERS. See "Principal and Agent." 1. Actions for compensation. tricts," § 1. BURDEN OF PROOF. In civil actions, see "Evidence," § 1. BURGLARY. Conviction of offense included in that charged, 1. Prosecution and punishment. Recent possession of stolen goods does not An instruction, in a prosecution for burglary, On a prosecution for an attempt to break and On a prosecution for an attempt to break and BURIAL GROUNDS. Where a written contract for broker's serv- See "Rape." 2. Rights, powers, and liabilities as to In suit for money received to plaintiff's use, BUILDING CONTRACTS. See "Contracts," § 2. CARRIERS. Taxation of, see "Taxation," § 1. § 1. Carriage of goods. Special contract between railroad and ship- Where a traveling freight agent of a common iting his authority, the principal is bound by his act. - Baker & Penniston v. Chicago Great Western Ry. Co. (Minn.) 650. While an act of God would excuse a common carrier for loss of goods, yet, where its negligence_contributes to the loss, it is liable therefor.-Jones v. Minneapolis & St. L. R. Co. (Minn.) 893. Where it is shown that a loss of goods in possession of a carrier was due to an overpowering cause, the burden is on the opposite party to establish the negligence of the carrier.-Jones v. Minneapolis & St. L. R. Co. (Minn.) 893. Common carrier held not liable to chattel mortgagor for a diversion of the shipment of his property and delivery to the mortgagee, demanding possession while it is still in the carrier's hands.-Johnston v. Chicago, B. & Q. R. Co. (Neb.) 479. § 2. Carriage of live stock. Where a traveling freight agent solicited shippers of live stock to send the same over his road, and represented that the stock would be transshipped at an intermediate point and forwarded without delay, held, in an action to recover damages for failure to receive and forward the stock without delay, that it was for the jury to determine whether it was intended that the proposition might be accepted without any other notice than the shipment itself.-Baker & PenChicago Great Western Ry. Co. niston v. (Minn.) 650. Where certain cattle in a freight train, while in transit, froze to death in a blizzard, the proximate cause of the loss was an act of God, exempting the carrier from liability.-Jones v. Minneapolis & St. L. R. Co. (Minn.) 893. Where a chattel mortgagee consigned cattle to a commission firm to protect his mortgage debt, and on payment thereof directed the delivery of the shipment to the firm designated by the mortgagor, no action will lie against the carrier for nondelivery to the party designated by the mortgagor.-Johnston v. Chicago, B. & Q. R. Co. (Neb.) 479. was negligence.-Robinson v. Chicago & A. R. Co. (Mich.) 689. A railroad company held bound to furnish a passenger safe passage through the Pullman cars to its dining car.-Robinson v. Chicago & A. R. Co. (Mich.) 689. If a car be so crowded that a reasonably prudent man would conclude that he could not get inside, the question as to whether or not he is guilty of contributory negligence in riding on the platform is for the jury.-Rolette r. Great Northern Ry. Co. (Minn.) 431. Evidence, in action for injuries to a passenger while riding on platform of car, held not to warrant finding that plaintiff made proper effort to find standing room inside.-Rolette v. Great Northern Ry. Co. (Minn.) 431. The fact that there are no seats in a railroad car held not to justify a person in riding on the platform while the train is in motion.Rolette v. Great Northern Ry. Co. (Minn.) 431. Where a passenger was warned by the conductor of the danger of standing on the platform, and was ordered to go inside, it was his duty to obey the order.-Rolette v. Great Northcrn Ry. Co. (Minn.) 431. standing on the platform of a car is not in itThat a passenger is injured while necessarily self a cause for action against a railway company.-Rolette v. Great Northern Ry. Co. (Minn.) 431. Passenger on caboose at end of freight train, injured while passing from the caboose to the station, held entitled to recover for the negli gence of the defendant railroad company.-Chicago, B. & Q. R. Co. v. Troyer (Neb.) 308. Where a live stock shipper receives a free pass to enable him to care for his stock, he asthe care of the stock.-Chicago, B. & Q. R. sumes only such risks as necessarily attend on Co. v. Troyer (Neb.) 308. CARRYING WEAPONS. In order to recover for delay in shipment of See "Weapons." live stock, it is necessary to show that a longer time was actually consumed than was necessary for the purpose.-Johnston v. Chicago, B. & Q. R. Co. (Neb.) 479. § 3. Carriage of passengers. In an action for injuries to a passenger by the breaking of a railroad rail, evidence as to the breaking of rails at other nearby points held admissible.-Whittlesey v. Burlington, C. R. & N. Ry. Co. (Iowa) 66. In an action for injuries to a passenger, a question, asked of a physician in rebuttal, on the issue of whether plaintiff was competent to CASE ON APPEAL. Making and settlement, see "Appeal and Error," § 9. See "Animals." CATTLE. Destruction of diseased cattle, see "Health," § 1. CAUCUS. sign a release, held proper.-Whittlesey v. Bur- See "Elections," § 1. lington, C. R. & N. Ry. Co. (Iowa) 66. CAUSE OF ACTION. Evidence held to present for the jury the question whether a conductor was guilty of negligence in directing a passenger to go to the rear See "Action"; "Attachment," § 1. platform of a street car while it was still in motion. Hennessy v. Muskegon Traction & Lighting Co. (Mich.) 36. The manner of a passenger's death held not a mere conjecture; it being a fair inference that he was thrown, by the lurching of the train, through an open vestibule door.-Robinson v. Chicago & A. R. Co. (Mich.) 689. Where an inspection before a train was made up would have shown defects in the vestibule door between Pullman cars, their presence, by which a passenger was killed, was negligence. -Robinson v. Chicago & A. R. Co. (Mich.) 689. That the vestibule door between Pullman cars on a fast-moving train was open, owing to a defect, when it was intended to be closed, whereby a passenger was thrown through it, CEMETERIES. Stockholders of cemetery corporation held liable, under Act No. 12, Pub. Acts 1869, §§ 2. 3. for corporate debts, to the extent of unpaid capital stock, notwithstanding Comp. Laws, § 9780. limiting remedy against corporations provided by Comp. Laws, c. 269.-C. H. Little Co. v. Woodward Ave. Cemetery Ass'n (Mich.) 682. CERTIFICATE. Of acknowledgment of written instrument, see On appeal or writ of error, see "Appeal and 1. Nature and grounds. § 2. Proceedings and determination. Instructions as to, see "Criminal Law," § 12. An order for goods and acceptance of indi- 493. § 2. Filing, recording, and registration. 3. Construction and operation. Under Rev. St. 1898, §§ 2313, 2314, chattel § 4. Rights and remedies of creditors. § 5. Assignment of mortgage or debt. § 6. Removal or transfer of property by Evidence held sufficient to authorize the court Of accused in criminal prosecutions, see "Crim-rington (Mich.) 357. Of witness, see "Witnesses," § 3. CHARGE. To jury in civil actions, see "Trial," §§ 4-9. CHARITIES. Members of board of charities as state offi- 1. Creation, existence, and validity. Any rights of a mortgagor, because of having Where a mortgagor, without authority from CHEAT. See "False Pretenses"; "Fraud." CHECKS. Payment by check as accord and satisfaction, A charitable trust for the benefit of persons CHARTER. Of municipal corporations, see "Municipal CHATTEL MORTGAGES. See "Acknowledgment," § 1; "Pledges." 1. Requisites and validity. 97 N.W.-72 CHILD. "Bastards"; "Infants"; Child." "Parent and CHOSE IN ACTION. Assignment, see "Assignments." CIRCUMSTANTIAL EVIDENCE. See "Process." On appeal, see "Appeal and Error," § 8. CITIES. See "Municipal Corporations." |