« ПретходнаНастави »
ployed by him as a gambling device in violation of section 1 of chapter 151 of the Code (Code 1913, $ 5440). Such seizure of the property is a proceeding in rem, and being contraband, the provisions of the Constitution relating to trial by jury and depriving one of his liberty or property without due process of law are inapplicable.-Cambria v. Bachmann, W. Va., 118 S. E. 336. 31.—Corporation Employees. Chapter
219, Laws 1911 (Gen. St. 1915. $$ 5880, 5881), which provides when wages shall be paid by corporations to persons leaving their employ and which prescribes penalties which are essentially exemplary damages for failure of any corporation to pay its employees within 10 days after the termination of their employment, does not violate any provision of the federal Constitution, and an employee discharged without payment of his wages within 10 days may have a cause of action under such act.Livingston v. Susquehanna Oil Co., Kan., 216 Pac. 296.
32. -Right of Property.-L'nder the facts presented, where the action and controversy involved the res, or right of property, it was error for the court, on application of the plaintiff and before trial on the merits, to order the seizure and sale of such property by provisional orders, where such seizure and sale would render ineffectual a judgment thereafter obtained after trial.--Columbus Packing Co. v. State, Ohio, 140 N. E. 376.
33. Contracts-Jurisdiction.-A stipulation by parties to an action as to the place of trial has no force or effect, unless the trial court sees fit to make an order changing the place of trial in accordance with such stipulation.-General Motors Acceptance Corporation v. Codiga, Calif., 216 Pac. 383.
Corporations Liability For Debts.--The general rule is that, in order to render a purchasing corporation personally liable for the debts of the selling corporation, it must appear that: (a) There be an agreement to assume such debts; (b) the circumstances surrounding the transaction must warrant a finding that there was a consolidation or merger of the two corporations; or (c) that the purchasing corporation was a mere continuation of the selling corporation; or (d) that the transaction was fraudulent in fact.-Spring Creek Oil Corporation v. Dillman, Okla., 215 Pac. 1053.
35. — Public Utility.-The mere fact that a corporation sells its entire product upon contract to public utilities, who in turn sell that product to consumers, does not make such corporation a public utility within the definition of section 614--2, General Code.-Ohio Mining Co. y. Public l'tilities Commission, Ohio, 140 N E. 143.
36,- Sale of Stock.-A corporation cannot avoid paying commissions for sales of its stock, of which it had accepted the benefits, on the plea that before such sales were made it had disposed of all of its stock to another company.--Colorado Life Co. V. Madden, Colo., 216 Pac. 551.
37.-—-Service of Process.--Where a foreign corporation manufacturing an article sold largely through the central market in New York City. paid the rent of a New York office having its name on the door, such office being regarded by the trade as its local office, and the person in charge being regarded as its chief representative, who, with other salesmen, did a large volume of business for it, it was doing business within the state, within the statute authorizing service of process on a managing agent.-Heer & Co. v. Rose Bros. Co., N. Y., 200 N. Y. S. 397.
38. Stock Investments. - Where investment by corporation of proceeds of original stock issue in stock of insurance company organized by it OCcurred prior to acquisition of stock by plaintiffs, they have no right to complain. - Winter v. Southern Securities Co., Ga., 118 S. E. 214.
39. Subscriptions.-Where a corporation sent to a stockholder a subscription form reciting that he was entitled to subscribe for a stated number of shares of the increased capital stock at a named price on payment of 10 per cent in cash, and he signed the subscription, but without filling in the
number of shares, and sent it in with a payment of 10 per cent on the full number, it constituted a definite contract of subscription for such number of shares.--Smith v. General Motors Corporation, U. S. C. C. A., 289 Fed. 205.
40. Covenants-Restrictions.-A restriction, covering certain land sold, that no building, “except for cottage residence purposes, " should be erected, held not to prohibit the erection of a two-family house; a “cottage" being a dwelling house and not limited to a structure for the use of only one family.-Jones v. Mulligan, N. J., 121 Atl. 608.
41. Electricity-Classification.-A classification approved by the Public Utilities Commission, which embraces in one class consumers guaranteeing a minimum demand of 500 kilowatts for combined electric railway and commercial uses, which has application to interurban companies procuring current from a power company at or beyond the limits of the city within which the power plant is located, and in another class electric railways guaranteeing a minimum demand of 20,000 kilowatts for electric railway purposes only, and which demand is constant and steady, such service being in said city and within a relatively short transmission distance, is a lawful and reasonable classification.-Cleveland & Eastern Traction Co. V. Public Utilities Com'n, Ohio, 140 N. E. 139.
42. Eminent Domain-Building Restrictions.-A city ordinance providing for a building line 30 feet from the street, and prohibiting buildings other than for residential purposes, which provides compensation for any person damaged by such restrictions, held constitutional, as being an enactment for the interest of the health, safety, morality, general enjoyment, and education of the community, and not in contravention of Const. art. 2. SS 20, 21, as a taking of property for private use, or taking of property for public use without just compensation.-In re Kansas City Ordinance No. 39946, Mo., 252 S. W. 405.
43. Frauds, Statute of-Oral Promise.--A promise to reimburse oil drillers for freight charges paid
tools, if shipped within 12 days, received promptly on the location and kept working for promisor exclusively until eight wells were completed, held
enforceable after termination of promisees' employment. notwithstanding the insufficiency of a letter containing it as a memorandum of a prior oral agreement to employ them for at least two years.-Foley & Whitehill v. Texas Co., Tex., 252 S. W. 566.
44. Innkeepers-Guest.--Mere guest of registered occupant of hotel room sharing it with the occupant without knowledge or consent of hotel management is not guest of the hotel, as there is no contractual relation. ---Moody v. Kenny, La., 97 So. 21.
45. Insurance — Appraisers. An appraiser's award fixing the sound value of an insured automobile immediately before it was damaged by fire at $2.325, and the damage at $2,225 "(company to pay $2,225 and to have salvage),' held not invalidated by such parenthetical clause.--Hexter V. Equitable Fire & Marine Ins. Co., Me., 121 Atl. 555.
46. Premium-Where an insurance company retained money for a premium, it could not deny liability on the policy issued by its agent.-Ignazio v. Fire Ass'n of Philadelphia, N. J., 121 Atl. 456.
47. -Waiver. -Actual knowledge of an Insurance agent when the policy was delivered, and while it was in force before a loss, that another than insured owned an interest in the goods insured, waived the policy condition as to sole ownership.--Springfield Fire & Marine Ins. Co. v. Davis, Tex., 252 S. W. 862.
48. Joint-Stock Companies and Business Trusts. -Managers.--The managers of a joint-stock company are the shareholders' agents, while the managers of
a business trust are principals and the shareholders cestui que trustent.-Betts v. Hackathorn, Ark., 252 S. W. 603.
49. Libel and Slander-Privileged Comment.Where plaintiff: a teacher and writer of law, had been dismissed from the faculty of the university
after some discord between him and the president of the university, a letter written by defendants, members of the law faculty of such university, in reply to a newspaper article in which plaintiff's version of the controversy was presented, which letter, signed by defendants, expressed their view that plaintiff's dismissal was based on good grounds that his usefuiness as a member of the faculty had ceased, and that in defendants' opinion he was not fit to continue his association with the school of law, was privileged comment as a communication justified by the defendants' interest in the matter.-Clark v. McBaine, Mo., 252 S. W. 428. 50.
Master and Servant-Agency.-A daughter, driving her father's automobile for her mother's pleasure, may be regarded as so carrying out his purpose in maintaining the car as to be his agent, and make him liable for negligence.—M'Crossen v. Moorhead, N. Y., 200 N. Y. S. 581. 51.
-Assumed Liability.—Where plaintiff, local manager of a branch tea company store, slipped on the floor of the store, which he had oiled, while carrying a 60 or 70 pound box of canned goods, and it did not appear that the accident would not have happened if a truck had been furnished for him, the employer, the tea company, was not liable. Narregang v. Great Atlantic & Pacific Tea Co., Mich., 194 X. W. 410.
52.- -Extra Compensation.- Where the relationship of master and servant already exists, the performance of unusual services by the servant at the request of the master does not justify an inference of an agreement to pay extra compensation for those services, but the servant, before he can recover extra compensation, must prove the services were of such character and rendered under such circumstances as would lead to the conclusion that parties were reasonably justified in believing that additional compensation would be paid and expected.---Pittsburgh, C., C. & St. L. Ry. Co. v. Marable, Ind., 140 N. E. 443.
53.---Induced By Passenger.—The presumption that the driver of a taxicab was acting within the scope of his employment was overcome by undisputed evidence that the trip outside the city limits during which the passenger was injured was beyond the known orders of the driver, and was induced by the passenger over the driver's objections, and should not have been submitted to the jury.--Blue Bar Taxicab & Transfer Co. v. Hudspeth, Ariz., 216 Pac. 246.
54. — Ordinary Duties.—The word "ordinary” as used in Rev. St. 1909. $ 7828, providing that shafting, when so placed as to be dangerous to persons while engaged in their ordinary duties, shall be safely guarded, means according to the established order: methodical; settled; regular; common: customary : usual; and a duty may be ordinary, though it does not continuously occupy the employee.--Albrecht v. Shultz Belting Co., Mo., 252 S. W. 400.
55. Negligence-Invitee.-Where plaintiff, a customer in defendant's store, was injured when her foot slipped on the worn part of a marble slab in the floor of the landing of a stairway, the nose of the slab being worn down eleven-sixteenths of an inch, making a gradual and slight slanting of the surface, and it was not shown that there had ever been an accident on the stairway before, the defendant was not liable.-Tryon v. Chalmers, N. Y., 200 V. Y, S. 362.
56. Nuisance--Neighborhood Property'.-The carrying on of a trade or business which creates distressing noises or vibrations, rendering the occupation of property in the vicinity unsafe and uncomfortable, is a nuisance.--Cunningham V. Wilmington Ice Mfg. Co., Dela., 121 Atl. 654.
57. Parent and Child-Auto Driver.--In such case the liability of the owner would not rest upon ownership or agency, but upon the combined negligence of the owner and driver; negligence of the father in intrusting the machine to an incompetent driver, and negligence of the son in its operation.-Elliott v. Harding, Ohio, 140 N. E. 338.
58. Principal and Surety-Release of Surety:Under section 2698, Hemingway's Code, mere forbearance or indulgence will not release a surety, but an agreement to extend the time of payment which will release a surety must be a positive. binding agreement, supported by a new and valuable consideration, and, in order to effect his release thereby, the burden is on the surety to show a binding agreement based
upon some valuable consideration, which is sufficient to preclude the creditor from enforcing the instrument during the period covered by the extension.-Graham y. Pepple, Miss., 97 So. 180.
59. Railroads--Motorman.-An instruction to find for defendant if the motorman looked back before he started to back his car and did not see plaintiff in a place of danger was erroneous, where the evidence showed it was so dark the motorman could not have seen plaintiff behind the car, in which case it was his duty to give warning before he reversed.-Ulrich v. Grand View R. Co., Mo., 252 S. W. 377.
60. Sales-Delivery.--Where automobile dealer, whose place of business was at Boston and whose contracts bore the heading of Boston, entered into a contract to sell a truck to one whose place of business was in Providence, which contract provided that the sale was to be “f. o. b. N-, Mass. Delivery to be made on or about February 22d," held that the place of delivery was in Boston, for, in the absence of any contract provision as to place of delivery, it is at the place of business of the seller.—Lee v. Northway Motor Sales Co., R. I, 121 Atl. 425.
61. -Representations.-Where one is engaged in the manufacture and sale of motor trucks, and the rebuilding of its used trucks, newspaper ads of circulars touching rebuilt trucks, authorized and published by such motor company to the general trade, are competent evidence in behalf of the purchaser of any such truck, who knows of such ad and relies upon the same, unless it appear from the special contract signed by the parties touching such sale that such special contract withdrew or altered the repre tations made in such general ad.-Meyer v. Packard Cleveland Motor Co., Ohio, 140 N. E. 118.
62. -Quantity.-An unqualified acceptance of an offer for about 700 barrels of whisky is not com plied with by a delivery of 284 barrels.-C. W. Craig & Co. v. Thomas S. Jones & Co., Ky., 252 S. W. 574.
63. Trusts-Delaved Enforcement.--Delay by the beneficiary in demanding performance of an exo press trust, under the terms of which the owner of large holdings of mining stock agreed to carry 10,000 shares for plaintiff's benefit at the price for which the same were purchased, held no objection to the enforcement of the trust after the death of the trustee, where the right of plaintiff to the enforcement of the trust during the trustee's lifetime was clear: such delay not having in any way prejudiced the trustee or his estate - Rollectone v. National Bank of Commerce, Mo., 252 S. W. 394.
61. Workmen's Compensation Act-Award of Compensation. --When it develops that claimant was to have a nermanently paralyzed arm and a permanently stiff leg with no hone of their recove ery or of alleviating that condition, he was entitled to an order for their loss in combiner weeks. under Worlmen's Compensation (c), being Pa. St. 1920, $ 21905, which specifically permits compensation for the combined number of weeks for the loss of any two members 50 per centum of wages during the aggre
or more of such gate of the period specified for each.-Bausch v. Fidler, Pa., 121 Atl. 507.
65 --Independent Cause.Where an emplovee resulting from a holdun during working hours, the guarding employer's property suffered an injury criminals not being after anything except the contents of his pockets, the injury did not a rise out
: pensation Art.-Bryden v. Industrial Accident Commission, Calif., 215 Pac. 1035.
Act, $ 306. par.
To the Editorials, Notes of Recent Decisions, Leading Articles, Annotated
Cases, Legal News, Correspondence and Book Reviews in Vol. 96
A separate subject-index for the “Digest of Current Opinions" will be found on page 421, following this Index-Digest.
straying on highways (Eng.), 246. leaving a horse unattended (Eng.), 280.
ATTORNEY AND CLIENT,
see FRAUDS, STATUTE OF.
BILLS AND NOTES,
giving worthless post-dated check constitutes
false pretense, 140. note given to secure satisfaction of judgment
to enable judgment debtor to sue on indemnity policy held supported by legal con
sideration, 150. saloon keeper's note to brewer unenforceable
so long as he bought his beer, rendered un
enforceable by prohibition, 47. when a check is overdue, 193.
driver said he was insured, 276.
bile does not prevent recovery for negligent
parking, 167. automobile theft insurance, 96. automobile tragedies--crime-radicalism, 112. bond indemnifying against "wrongful abstrac
tion' covers forbidden use of automobile dur
ing which car was stolen, 5. driver need not have such control of automobile
as to preclude possibility of collision at rail
road crossing, 203. effect of selling automobile without complying
with statute, 338. helper on truck acting outside employment in
driving truck, 328. in prosecution for reckless driving and man
slaughter it is no defense that person killed was negligent and was driving without a
license, 221. no recovery by child injured by truck left
standing in street, 78. prevention of automobile accidents, 73. public garage, 39. recovery for breach of contract for chassis
when purchaser has body built for same, 276. statutory lien for repairs to automobile or
dered by buyer not valid against conditional
seller, 256. sufficiency of evidence of theft of automobile,
39. taxicab a common carrier, 257. Texas motor vehicle law "held invalid, 76. validity of automobile insurance covering loss
sustained while violating speed law, 30. when specific number of miles per hour of
automobile need not be stated in instructions, 150.
reviews of case books.
Britton--Cases on Business Law, 159.
Interstate Commerce Act, 124.
Corpus Juris, Vol. 29, 68.
Corpus Juris, Vol. 30, 232.
Baldwin's Vade-Mecum, second edition, 376.
World War, 304.
Barnes' West Virginia Code, 375.
Delaware Corporations and Receiverships, 250.
249; Vol. 2, 358; Vol. 3, 375.
Inheritance Taxation, third edition, 50.
edition, 411. Ringwalt on Brief Drawing, 159. Rose on Federal Jurisdiction and Procedure,
2nd ed., 232. Schouler on Wills, Executors and Adminis
trators, sixth edition, 196.
second edition, 213.
non-payment of notes given by bankrupt in
composition does not revive original debt, 312.
BANKS AND BANKING,
character of Christmas club deposits, 202.
banks, 315. statement by bank that check was good did
not bind bank to pay it, 40. when a check is overdue, 193.
CARRIERS OF PASSENGERS,
news agent on train is passenger, 113.
to pay child's fare, 120.
taxicab a common carrier, 257. CHIROPRACTORS,
liability of chiropractor for error in diagnosing,
see EMPLOYERS' LIABILITY ACT.
confessions of error in criminal cases, 204.
lynching legislation, 61. DAMAGES,
see SHIPS AND SHIPPING.
policy for appraisal of damages, 309. DEEDS,
"Residence purposes" construed, 77. ELECTIONS,
see STATE LAWS.
tempt of court? 1.
on Boards of Trade, 293. constitutional misconceptions, 6. decision of Kansas Industrial Relations Court
in Wolff Packing Company case invalid, 273. lynching legislation, 61. power of Federal Labor Board, 55. the minimum wage decision, 147. validity of acts of Congress, 259. validity of minimum wage statutes applicable
to private employment, 399. CONTRACTS,
see CONTITUTIONAL LAW,
subject to lien for work on any part, 346. anticipatory breach of contract, 310. construction of actor's contract for satisfactory
performance, 4. measure of damages under c. i. f. contract, 366. recovery for breach of contract for chassis
when purchaser has body built for same, 276. resale of books a continuation of interstate
transaction, 132. the waning significance of the "seal," 347. validity of agreement by guardian or admin
istrator to sell realty, 116. CORPORATIONS,
corporate officer may be "Employee," under
Compensation statute, 21. corporations as citizens and residents, 311. doing business within the state, 115. effect of dissolution of corporate lessee for
non-payment of license, 95. receipt of dividends not a ratification of purchase
stock preventing rescission for fraud, 95. right of corporation to maintain action for
libel, 168, 184. when fiction of corporate entity may be dis
regarded, 201. COURTS,
see CONSTITUTIONAL LAW.
preme Court, 133.
321. perjury as contempt of court, 219. shall judicial power be curbed, 367. statute requiring appellate court to review evidence as affecting right to trial by jury is
constitutional, 363. the judicial power of the Supreme Court, 402. the Supreme Court and five-to-four decisions,
285, 395, 404. the use of the third person and impersonal in
instructions to juries, 41.
police officer relighting street lamp is invitee,
76. EMPLOYERS' LIABILITY ACT,
employee going to work as engaged in inter
state commerce, 139. employee rerailing car blocking interstate
commerce is engaged in that commerce, 347. repairman of track scales not engaged in in
terstate commerce, 282. workman installing electric transformer en
gaged in interstate commerce, 115. EVIDENCE, admissibility of testimony that
automobile driver said he was insured, 276. atmospheric conditions and visibility, 81. identification by handwriting, 14. modernizing the rules of evidence, 381. plaintiff not bound as by an admission when
testifying as matter of opinion, 240. EXECUTORS AND ADMINISTRATORS,
validity of agreement by guardian or admin
istrator to sell realty, 116. FALSE PRETENSE,
giving worthless post-dated check constitutes
false pretense, 140. FEDERAL JURISDICTION,
in the twilight zone-state and federal juris
diction, 42. FISH,
mussels in stream are property of landowner,
FLOTSAM AND JETSAM,
legal relativity of the cardinal sins, 123. FOOD,
liability of restaurant keeper for injury due to
deleterious food, 266.
receipt of dividends by plaintiff not a ratifica
tion of purchase of stock preventing rescis. sion for fraud, 95.
FRAUDS, STATUTE OF,
fee agreement by attorney for interest in land
in litigation is within statute, 294. HOMICIDE,
suicide compacts, 50.
HUSBAND AND WIFE,
right of either to sue the other, 86. INCOME TAX,
difference between value of securities received
on reorganization and stockholder's investment held taxable income, 383.
federal injunction against state statutes well
regulated, 93. has a court of equity power to enjoin parad
ing by the Ku Klux Klan in mask, 384.
guest not required to conceal valuables from
hotel employees, 22.
LAW AND LAWYERS,
duty of lawyer to know law, 32.
LEAGUE OF NATIONS,
America and the League of Nations, 395.
LIBEL AND SLANDER,
defamation, 168, 184.
unusual contact with roadway, 114.
258, 275, 311. disclosure in insurance contracts (English
cases), 117. effect of provision in automobile insurance
policy for appraisal of damages, 309. fall over embankment not covered by collision
policy, 311. larceny policy insuring "personal effects," etc.,
as covering false teeth, 113. liability under automobile insurance policy
when car operated unlawfully, 165. misrepresentation as to year of manufacture
as avoiding automobile insurance policy, 158. mistake in number of automobile no defense to
recovery of insurance, 258. provisions in automobile policies against rent
ing and use for hire, 183. refusal of liability insurance company to com
promise claim resulting in loss to insured, 345. regulation of insurance companies, 57. territorial extent of liability under jitney
bond, 248. theft of fur coat from porch not covered by
insurance policy, 383.
nurse, 400. LIENS,
by buyer not valid against conditional seller,
interstate commerce, 237. business of railroad checkroom not interstate,
95. employee removing scrap from interstate
tracks, and cutting grass on or near tracks
is engaged in interstate commerce, 58. interference with factory not restraint of in
terstate commerce, 22. powers of the Federal Trade Commission, 185. railroad emplovee renewing ties engaged in in
terstate commerce, 401.
sailing convoy without lights during war,
neither “Warlike operation" nor consequence
of one, 4. MARRIAGE AND DIVORCE,
proposed uniform divorce law in the United
States and its provisions, 32. MASTER AND SERVANT,
see WORKMEN'S COMPENSATION ACT. construction of statute requiring machinery to
be guarded, 384. helper on truck acting outside employment in
driving truck, 328. undertaker not liable for negligence of driver
of hired vehicle, 401. when burden is on owner of vehicle causing in
jury to prove driver not his servant, 367. MINES AND MINERALS,
"any time" means reasonable time within oil
lease allowing removal of fixtures, 240. miner's detention in mine by fire does not
terminate his employment, 132. MONOPOLIES,
anti-trust laws a protection to monopoly, 188. MUNICIPAL CORPORATIONS,
see LIBEL AND SLANDER.
Sunday upheld, 3.
zoning ordinance held valid, 330. NEGLIGENCE,
appliances, 211. in prosecution for reckless driving and man
slaughter it is no defense that person killed
recovery by child injured by truck left standing in street, 78.
see BILLS AND NOTES.
statutes relating to intoxicating liquors, 185.
bread and water diet for jurors, 14.
automobile need not be stated in instructions,
KU KLUX KLAN,
has a court of equity power to enjoin parading
by the Ku Klux Klan in mask, 384.