CARRIER OF PASSENGERS - Continued. 10. Not liable for loss by robbery if valuable secu- rities carried on person of passenger. Weeks v. N. Y., N. H. & Hartf. R. R. Co. (Ct. App., N. Y.).... 11.-Railroad conductor may eject passenger who has lost and cannot present ticket. Jerome v. Smith (Sup., Vt.) (N. C.).....
12.-Passenger. One riding on train is before he has paid fare. Creed v. Penna. R. R. Co. (Sup., Pa.) (in full).. 13.-Railroad ticket entit to passage but in one direc- tion. Keeley v. B. & M. R. R. Co. (Sup., Me.) (in full). 14.-Baggage. Trunk of passenger not going by same train need not be carried except as freight. Graf- fam v. B. & M. R. R. Co. (Sup., Me.)..... 15.-Railroad company bound to keep approaches to sta- tions safe: icy platform. Weston v. N. Y. E. R.
R. Co. (Ct. App., N. Y.). CHAMPERTY.-Contract to pay attorney out of proceeds of property recovered when sold not cham- pertous. McPherson v. Cox (U. S. Sup.).. CHATTEL MORTGAGE.-Lease assigned as se- curity need not be filed as. Booth v. Kehoe (Ct. App., N. Y.).... 2.-Contemporaneous agreement treated as one contract with; permitting mortgagor to sell for his own ben- efit invalidates. Blakeslee v. Rossman (Sup., Wis.).. 193 3.-On property to be acquired, valid in equity. Wil- 359 liams v. Winsor (Sup., R. I.) (N. C.)... 4.-Property conditionally sold may be mortgaged by vendor. Everett v. Hall (Sup., Me.).. 5.-On after acquired goods with power of sale to mort- gagor void. Matter of Bloom (U. S. Dist.).... 6.-On stock of merchandise left in possession of mort- gagor void. Mobley v. Letts (Sup., Ind.)............. 7.-Filing. Leaving with proper officer sufficient com- pliance with statute. Gorham v. Summers (Sup., Minn.).....
See Bankruptcy, 20, 21, 22.
CITIZENSHIP.-Indians not connected with any tribe and paying tax are citizens. United States v. Elm (U. S. Circ.)
CIVIL DAMAGE LAW.-Wife cannot recover either actual or exemplary damages for threats and vulgar- ity unaccompanied by physical injury. Calloway v. Layton (Sup., Iowa.)......
CIVIL RIGHTS LAW.- Only one penalty recover- able for violation as to several persons at one time. Cent. R. R. Co. v. Green (Sup., Pa.) (N. C.) COHOES.-Construction of charter of: elections of city officers; declaration of result essential to complete elec tion of alderman and other officers. People v. North (Ct. App., N. Y.)..
COMMERCIAL AGENCY.- How far liable to customer acting on representations as to credit. Sprague v. Dunn (Phila. C. P.) (N. C.).
COMMON CARRIER.-Condition relieving carrier from negligence of his own servants unreasonable and void. Doolan v. Midland Ry. Co. (Eng. H. L.). 2.-Liable to true owner of goods for damages from bill of lading negligently issued to wrong person. Farm. & Mech. Bk. v. Erie Ry. Co. (Ct. App., N. Y).......... 3.-Shipper receiving bill of lading before shipment of goods bound by stipulations in exempting carrier. Germ. F. Ins. Co. v. Memp. & Charl. R. R. Co. (Ct. App., N. Y.)... 4.-Act of God; Chicago Fire was not. Disp. Trans. Co. v. Thielbar (Sup., Ill.)
5.-Carrier presumed to have authority to make contract for carriage over; ultra vires cannot be set up as de fense to negligence; waiver by agent of shipper with out authority does not relieve estoppel. O. & M. R. R. Co. v. McCarthy (U. S. Sup.) 6.-Limitation of liability; where two rates for carriage exist, limitation except from willful misconduct of carrier's servants reasonable. Lewis v. G. W. Rail- way Co. (Eng. Ct. App.)... 7.--A London carman is not. Poice v. Jacob (Eng. Co. Ct.)
3. Real estate; lex rei sitæ governs transfer and mort- gage of. Brine v. H. F. Ins. Co. (U. S. Sup.) ... 454 4.-Place of Contract. Promissory notes negotiated through broker and sold to party in another State. In re Dodge (U. S. Dist.)
5. Statute giving minor authority to sue has no extra- territorial force. State v. Bunce (Sup., Mo.).... CONSTITUTIONAL LAW.-ASSESSMENTS. State rights; assessments for benefits and matters relating to them are within the limits of State legislation. David- son v. New Orleans (U. S. Sup.)..... 2.-CIVIL RIGHTS. Fourteenth amendment directed only against general State legislation. Petition of Wells (U. S. Circ.) (in full.) 3.-COMMERCE. State law regulating commerce between States; statute regulating rights of passengers in con- veyances coming from out of State invalid. Hall v. De Cuir (U. S. Sup.) (in full.)..
4.-State legislation regulating transportation of cattle invalid, neither within police or sanitary powers of State. Hannibal & St. Jo. R. R. Co. v. Huson (U. S. Sup.) 89; (in full) 5.-CONSTRUCTION. A provision that acts "shall not
be done applies to future acts only. County of Macon v. Shores (U. S. Sup.)......
6. CRIMINAL LAW. Congress may not make abortion a crime in States, but may by penalties prevent send- ing means of, through mails. United States v. Whit- tier (U. S. Circ.)..
7.-DELEGATING to board of health power to make ordinances as to the adulteration of milk within power of Legislature. Polinsky v. People (Ct. App., N. Y.)... 8.-DISCRIMINATION. Statute unconstitutional as to one class may be valid as to other classes. State v. Amery (Sup., R. I.) (N. C.).. 9.-DUE PROCESS of law; assessment submitted to court is by. Davidson v. New Orleans (U. S. Sup.) 73; (in full) 10.-EMINENT DOMAIN. General Drainage act of New York is constitutional. In re Ryers (Ct. App., N. Y.).....
11.-ESTOPPEL. Estoppel; one taking benefit of law cannot attack constitutionality. Bidwell v. City of Pittsburg (Sup., Pa.).......
12.-EXEMPTION. Law of State void as to antecedent creditors. Edwards v. Kearzy (U. S. Sup.) (in full). 346 13. From taxation; Legislature may empower munici- pality to exempt water company as to present and future property. City of Portland v. Portland Wat. Co. (Sup., Me.)... 390 14.-EX POST FACTO LAW. Innocent act cannot be made unlawful by subsequent legislation. United States v. Fox (U. S. Sup.) (in full).. 15.-IMPAIRING obligation of contract. Corporations by consolidation under new law accept terms of and waive rights under old charter. Shields v. State of Ohio (in full) (U. S. Sup.)...
-Alteration of charter of corporation by State where power is reserved valid; reduction of tolls on railroad. American Coal Co. v. Consolidated Coal Co. (Ct. App., Md.)... 23.-Consolidation by existing corporations under new law divests of privileges under charters in conflict with new law; immunity from taxation. Maine Cent. R. R. Co. v. State (U. S. Sup.)... 24.-Prohibi ory liquor law valid against corporations chartered to manufacture malt liquor. Boston Beer Co. v. Commonwealth (U. S. Sup.).... 25.-Homestead not exempt from debts contracted before law. Woodlie v. Towles (Sup., Tenn.) 26.-Prohibitory liquor law does not as to corporations authorized to manufacture malt liquor. Boston Beer Co. v. Commonwealth (U. S. Sup.) (in full)..... 487 27.-City ordinance forbidding steam on railroads al- ready constructed in city is valid. R. F. P. R. R. Co. v. City of Richmond (U. S. Sup.). 28.-JUDGMENT. Of another State; record as to service of summons impeachable. Marten v. Duncan (Sup., Kan.) 29.-LICENSE. State cannot discriminate against pro- ducts of other States. Welton v. State of Missouri (U. S. Sup.) (N. C.).. 30.-Limit of Federal law; an act committed in a State having no relation to Federal law or power cannot
CONSTITUTIONAL LAW-Continued.
be made offense by Congress. United States v. Fox. (U.S. Sup.) (in full)..
31. MUNICIPAL BONDS void cannot be made valid with- out consent of municipality. Horton v. Town of Thompson (Ct. App., N. Y.)... 32-MUNICIPAL CORPORATION. Legislature can compel city to pay equitable claims, and a law for that pur- pose is not retroactive. Jefferson City Gas L. Co. v. Clark (U. S. Sup.). 33.-Statute imposing debt usually but not legally due invalid. Rader v. Township of Union (Sup., N. J.). 171 34.-NAVIGABLE STREAMS. State may regulate naviga- tion of small streams within its boundaries. Pound v. Turck (U. S. Sup.)...... 73 35.-Congress may authorize canal along small naviga- ble stream. State v. City of Duluth (U. S. Sup.).... 194 36.-State has authority to improve and take tolls until Congress exercises its powers. Wisc. Riv. Imp. Co. v. Manson (Sup., Wis.). 37.-PARTY. Person not injured by statute cannot raise constitutionality of. Town of Pierpont v. Loveless (Ct. App., N. Y.)
State laws regulating, con- stitutional. Haskell v. Jones (Sup., Pa.) 267; Also Woolen v. Banker (U. S. Circ.) (in full).. 39.--State legislation as to, invalid. State v. Lockwood
Statute giving double value to owner for cattle killed by; unconstitutional. A. & N. R. R. Co. v. Baty (Sup., Neb.). 191 41.-Injuring cattle; act unconstitutional which im- poses liability without regard to circumstances. Zeigler v. S. & N. R. R. Co. (Sup., Ala.)........... 42. SHIPPING. N. Y. State vessel lien law not uncon- stitutional. King v. Greenway (Ct. App., N. Y.)... 155 43.-SPECIAL LEGISLATION. Legislation in reference to pre-existing corporations. Wallace v. Loomis (U. S. Sup.)....
44.-STATUTE OF LIMITATION. A State Legislature may shorten the statute of limitation as to pre-exist- ing debts, a reasonable time being left. Terry v. Anderson (Sup. Ct., U. S.) (in full)....... 45.-TAXATION. A municipality cannot tax its own bonds. Murray v. Charleston (U.S. Sup.) (în full.).. 321 46. Of lands in city for benefits of little or no advan- tage to them, not unconstitutional; extending boundaries of city. Kelly v. City of Pittsburgh (Sup., Pa.) (N. C.).... 47.-TELEGRAPH. Instrument of commerce within con- trol of Congress; State legislation as to, when in- valid. Penn Tel. Co. v. W. U. Tel. Co. (U. S. Sup.) (C. T.) 277; (Abst.) 291; (in full)... 48.-VIRGINIA. Statute of, making coupons of State bonds receivable for all dues to State, constitutional and applicable to fines devoted by the Constitution to public schools. Ex parte Clarke (Sup., Va.)
CONSTRUCTION OF STATUTE.-Retrospec- tive construction of statute of limitation not allowable. People v. Lord (N. Y. Sup.).... CONTEMPT-Party who flees jurisdiction of court will not be permitted to prosecute or defend action until he returns. Hovey v. McDonald (Sup. Ct., D. C.) (N. C.)..... 2.-By attorney; what does not constitute. People v. Randall (Ct. App., N. Y.)...
CONTRACT.-CONSTRUCTION OF contract for sur- render and re-issue of railroad bonds. Union Pacific R. R. Co. v. Stewart (U. S. Sup.)... 2.-Contract dependent on rise and fall of gold. Ames v. Quimby (Ü. S. Sup.)...
3.--When time essence of; where goods are to be man- ufactured within specified time, a failure to deliver within time avoids contract. Jones v. United States (U. S. Sup.)..
4.--Contract for storage. Hazleton v. Weld (Ct. App., N. Y.).......
5.-Acceptance of; order for money dependent upon future event. Robbins v. Blodgett (Sup., Mass.).... 311 6.-Sale of "about" a specified quantity: "about" a word of expectancy, not of quantity. Kellogg v. Norman (Ct. App., N. Y.)..... 7.-EXPRESS CONTRACT is not to be varied by implied. Hawkins v. United States (U. S. Sup.)... 8.-GOVERNMENT. The provisions of acts authorizing contract with government must be followed to make contract valid. Hawkins v. United States (U. S. Sup.)..
13.-Note given for diseased sheep, sold in violation of statutes, when valid, when not. Caldwell v. Budall (Sup., Iowa)... 14.-Money deposited with third
back. Davis v. L. & P. M. Party upon, recoverable Cu. (Eng. C. D.) (N. C).... 15.-IMPLIED; performance by one party to parol con- tract raises an implied contract to pay a quantum meruit. Clark v. United States (U. S. Sup.)... 16.-NON-FULFILLMENT of; for personal service; ill- ness caused by imprudence is valid excuse for. K- v. Raschen (Eng. Ex. D.) (in full.) 17.-PATENT RIGHT. Contract for royalty under liti- gated patent valid. Jones v. Burnham (Sup., Me ).. 391 18.-RESCISSION; between two parties for benefit of third cannot be rescinded without consent of third after acceptance. Bassett v. Hughes (Sup., Wis.) 19.-SALE; of real estate; construction of parol addi- tion to terms rescission. Hussey v. Payne (Eng. Ch. D.) 20.-Purchase of goods; vendor cannot enforce against assignee of vendee. Clark v. Dickinson (Ct. App., N. Y.) See Bankruptcy, 37-40; Constitutional Law, 15–27; Illegal Contract.
CORPORATION.-AGENCY. Brokers issuing deben- tures of company agents for it and company bound by their fraudulent representations as to it. Wier v.
rectors of a company to the company held not void. Omaha Hotel Co. v. Wade (U. S. Sup.) 4.-Fraud by; stockholders may ask for relief against. Bayless v. L. M., etc., R. R. Co. (U. S. Circ.). 5.-Dissolution by expiration of charter terminates pending action against directors; estoppel. Sturgis v. Vanderbilt (Ct. App., N. Y.) 6.-Negligence in permitting fraudulent transfer of stock does not render liable to stockholders negli- gently furnishing opportunity for the fraud. Penn. R. R. Co.'s Appeal. (Sup., Pa.).. 7.-OFFICERS. Provision of 2 R. S. 604, 88, as to electing officers as applied to manufacturing corpor- ations and mandamus will enforce. People v. Cum- ming (Ct. App., N. Y.).. 8.-REMOVAL OF CAUSE; Corporation entitled to benefit of act of Congress of 1867 for removal of cause and verification of affidavit by president of corporation sufficient. Mix v. Andes Ins. Co. (Ct. App., N. Y.).. 475 9.-STOCKHOLDER taking part in alteration of charter cannot deny regularity of proceedings. Chubb v. Upton (U. S. Sup.) (in full)
10.-Liability under New York statute; a contract and not in nature of a penalty. Flash v. Conn (Sup., Fla.)..... 11.-Liability of; construction of New Jersey statute relating to. Griffith v. Mangan (Ct. App., Ñ. Y.).. 333 12.-One holding stock as collateral security liable as. Pullman v. Upton (U. S. Sup.) (N. C.) 358; (Abstract) 363; (in full).......... 13.-Who is also creditor not liable for debts of, under New York law. Mathes v. Neideg (Ct. App., N. Y.) 432 14.-Liability of for debt of corporation is extinguished by debt of corporation to him. Agate v. Sands (Ct. App., N. Y.)... 15.-Subscription for stock; reducing capital releases from liability under. Santa Cruz R. R. Co. v. Schwartz (Sup., Cal.)...
17. That loan was made in violation of charter; no de- fense. M. L. Ins. Co. v. Wilcox (U. S. Circ.) (in full). 426 18.-Church corporation borrowing money to build meeting house is not. First Baptist Church v. Nee- ley (Sup., Penn.)...
19.-Sewing machine company may take notes of third person in payment of machines. Taylor v. Thomp- son (App. Ct., Ill.).
20.-USURY. Provision that it shall not plead usury, ex- tends to its sureties. Stewart v. Bramhall (Ct. App., N. Y.)......
2.- Payments made by administrator to distributee and litigated, not in action by distributee against adminis- trator on another claim. Wright v. Wright (Ct. App., N. Y.)... COVENANT.-By grantee limiting the use of real prop- erty will be enforced when of value to the beneficiary; estoppel. Lottimer v. Livermore (Ct. App., N. Y.).... 374 2.- Not to assign not usual one in lease. Hampshire v. Wickens (Eng. Ch. D.) (N. C.) 439; (in full).... CRIMINAL LAW.-ABORTION. Woman on whom per- formed not an accomplice. State v. Hyer (Sup., N. J.).171, 355 2.-ACCOMPLICE. A bystander in case of a murder by mere approval, not. State v. Cox (Sup., Mo.)........... 3.-Testifying for prosecution under promise of pardon : rights of, at trial. Wright v. Rindskopf (Sup., Wis.).. 354 4.-BAR. To indictment, nolle prosequi of former indict-
ment not. Hester v. Commonwealth (Sup., Pa.) (N. C.) 259 5.-BIGAMY. Utah divorce no defense to. State v. Arm- ington (Sup., Minn.) (in full.)... 6.-BURGLARY. Obtaining entrance to a bank by means of a conspiracy is a constructive breaking and entering.. Johnston v. Commonwealth (Sup. Ct., Pa.) 7.-Ownership of premises entered may be laid in a part- nership. Quinn v. People (Ct. App., N. Y.).. 8.-Dwelling-house, disconnected store in building, where people live, is part of. Quinn v. People (Ct. App.,N. Y.) 333 9.-Entrance between 5 P. M. and 7 A. M., in winter, in night. Brown v. State (Sup., Ga.).. 10.-COMMUTATION. Of sentence; acceptance by prisoner not necessary for validity. Matter of Victor (Sup., Ohio) (N. C.)....
11. DISORDERLY HOUSE. Canvas tent within statute. ., Tex.) (N. C.)...
Kilman v. State (Ct. Ailure by criminal in custody to contradict accomplice not an admission. Com. v. Malone (Sup., Mass.). 13.-Conviction on uncorroborated testimony of accom- plice valid. State v Hyer (Sup., N J.) (N. C.)... 14.-Accomplice as witness; agreement by public prosecu- tor promising pardon not binding in court; witness not entitled to have an attorney. Wright v. Rindskopf (Sup., Wis.)... 15.-Prisoner in own behalf may be asked questions tend- ing to impair credit. People v. Carey (Ct. App.,N.Y.) 432 16.-Mailing obsecne matter, sealed packages cannot be opened in the mails. Matter of Jackson (U. S. Sup.) (in full).....
17. EXAMINATION cannot be required after indict- ment. Case of Gesner (N. Y. Sup.) (C. T.). 18.-EMBEZZLEMENT. Taking wild rabbits by game-keeper not. Queen v. Reed (Eng. Q. B. D.) (N. C.) 19.--Wild animals not subject. Queen v. Reed (Eng. Q. B. D.)
20.-FALSE MONEY. Issuing notes for less than one dollar; notes payable in goods not in violation of Federal statute. United States v. Van Auken (U. S. Sup.) (Abst.) 431; (in full.). 21.-FALSE PRETENSES. Post-dated check may be subject of. Lesser v. People (Ct. App., N. Y.).... 22.-FORGERY. Putting forged deed on record is. United States v. Brooks (Sup., D. C.). 23.-FORMER JEOPARDY. Defendant was indicted for steal- ing a number of articles together, he was convicted as to some of them. He was then indicted for stealing the same articles, the court quashing the first indictment. Held, that he could not be convicted as to the same articles as he was at first convicted. State v. Clark (Sup., Ark.)
24. ILLICIT DISTILLING.-What indictments under R. S. §§ 3266, 3281, must contain. United States v. Sim- mons (U. S. Sup.)... 25.-INDICTMENT. Assault with dangerous weapon; duplic- ity. People v. Carey (Ct. App., N. Y.).. 26.-INTENT. Essential to offense against law relating to sale of intoxicating drinks. Farrell v. State (Sup., Ohio.)
2.-In Confederate currency contract; value of currency must be measured by greenbacks not gold. Bissell v. Hayward (U. S. Sup.)...... 162 3.-Sale at market price; to fix market price offer to sell must be in the present. Harrison v. Glover (Ct. App., N. Y.)....
4.-Measure of; in contract to pay in specifled bonds; when judgment for face value of bonds not allow- able. Wintermute v. Cooke (Ct. App., N. Y.)............. 5.-Measure of; for breach of contract of sale. Mason v. Decker (Ct. App., N. Y.) 6.-Measure of; in contract for personal service as theater actor. Sutherland v. Wyer (Sup., Me.) 7. In trespass and cutting of timber; innocent pur- chaser not liable to land-owner for increased value from cutting. L. S. & M. S. Ry. Co. v. Hutchins (Sup. Com., Ohio)....
3.-Breach of agreement to furnish information; that erroneous information verbal, not. Sprague v. Dun (Com. Pl., Phila.). DEFINITIONS.-"Family" includes wife and chil- dren. Hall v. Stephens (Šup. Ct., Mo.) (N. C.) .... DELIVERY.-Liquor and labels sold together; labels delivered constitutes part delivery. Garfield v. Paris (U. S. Sup.) (in fulÎ)..
DIVORCE.-Alimony pendente lite is not allowable unless marriage shown. Collins v. Collins (Ct. App., N. Y.)....
2.-Alimony courts here have only powers over divorce given by statute; alimony is allowance, not estate. Bacon v. Bacon (Sup., Wis.)...
3.-Utah divorce does not protect against bigamy. State v. Armington (Sup., Minn.) (in full).. 4.-Judgment of, in court of domicile of parties valid, without personal service valid. Hunt v. Hunt (Ct. App., N. Y.)....
EIGHT HOUR LAW.-Federal statute does not ap- ply to employee of contractor with government; priv- ity of contract. United States v. Driscoll (U. S. Sup.) 473 EMINENT DOMAIN.-What must be stated in peti- tion to authorize proceedings. Marsh v. Appleton (Ct. App.. N. Y.).. 2.-Compensation must be in money. After price is filed applicant for proceedings may abandon but may not reconsider election. State v. Halsted (Sup., N. J.)... 3.-Additional compensation to land owner_for_tele- graph on railroad not required. W. U. Tel. Co. v. Rich (Sup., Kan.)...
See Constitutional Law, 10. EQUITABLE LIEN.-Use by railroad company of money loaned does not give lien on road. Thorn- ton v. St. Paul & C. Ry. Co. (Ct. App., N. Y.)................ ESTOPPEL.- Grantee in fee of tenant for life may dispute title of remainderman. Christie v. Gage (Ct. App., N. Y.)... 2.-Railroad aid bonds; invalidity of, cannot be raised by commissioners issuing. First Nat. Bank v. Wheeler (Ct. App., N. Y.)...
3. New reason for act done cannot be assigned after suit brought. O. & M. R. R. Co. v. McCarthy (U. S. Sup.)..... 4.-Statements by maker of dishonored promissory note to intending purchaser, constitute. Reedy v. Brun- ner (Sup., Ga.)..
5.-Corporate director who has sold stock and no longer acts, not estopped by action of corporation. Sturgis v. Vanderbilt (Ct. App., N. Y.).....
6. Fire insurance company keeping silent when re- quired to give notice, operates as; informality in proofs of loss not at the time objected to. Bennett v. Maryland Fire Ins. Co. (U. S. Dist.) (in full). 7.-Life insurance; when neglect of company to notify as to place of payment prevents forfeiture by non- payment. N. Y. Life Ins. Co. v. Eggleston (U. S. Sup.) (in full)... 8.-What does not amount to. Lattimer v. Livermore (Ct. App., N. Y.)....
9.-When prinicipal bound by acts of agent; ratification. Ahern v. Goodspeed (Ct. App., N. Y.).... 10. An equivocal promise will be construed against the one making it; parting with property on the prom- ise, sufficient consideration. White v. Hoyt (Ct. App., N. Y.)....
11.-On part of life insurance company; circumstances raising. Meyer v. Knickerbocker Life Ins. Co. (Ct. App., N. Y.).
12.-Giving undertaking for re-delivery in replevin estops denying possession. Diossy v. Morgan (Ct. App., N. Y.)...
13.-Silence alone is not what is essential to. Mecouch v. Loughery (Phila. C. P.).... See Constitutional Law, 11; Fire Insurance, 6, 14; Life Insurance, 2, 9.
14. Title. Invalid contract fully performed admis- sible to show agency. Dunn v. Hornbeck (Ct. App., N. Y.)......
15. Entries in books of employer not admissible against employee not making them. Van Sachs v. Kretz (Ct. App., N. Y.) .. 16.-Correspondence between solicitors as to action privileged from inspection. Bullock v. Corrie (Eng. Q. B. D.)...
17. Privilege; inquiry as to arrests of witness privil- eged. People v. Brown (Ct. App., N. Y.)....... 18.-Agent's admissions after transaction not admis- sible against principal. Furst v. Second A. R. R. Co. (Ct. App., N. Y.)...........
19.-Testifying to best of belief and not positively, proper; questioning accused as to motive allowable. Blake v. People (Ct. App., N. Y.).. 20.-Contradicting other witness, what competent. Spar- rowhawk v. Sparrowhawk (Ct. App., N. Y.). 21. Contradicting witness, party may, his own. Me- Culloch v. Hoffman (Ct. App., N. Y.)....... 22.-Written Instrument. Deed may be shown to be mortgage by parol. Peugh v. Davis (U. S. Sup.).... 373 23.-Agent's declarations not admissible to bind princi- pal. Krekeler v. Thoule (Ct. App., N. Y.)... 24.-Burden of proof, negative allegation involving criminal neglect of duty or fraud, etc., must be proved. Arthur v. Unkhart (U. S. Sup.).... 25.-Written Contract. Parol evidence to explain meaning of terms admissible. Lawrence v. Galla- gher (Ct. App., N. Y.).... . . .
EXAMINATION OF PARTIES.-Director of corporation may be examined under Code, 88 870 and 873. People v. Mut. Gas Light Co. (Sup., N. Y.) (in full) 70 EXEMPT PROPERTY.-Increase from; not on that account exempt. Citizens' National Bank V. Green (Sup., N. C.) (in full)
EXPERT TESTIMONY.-Physician testifying as expert entitled only to ordinary witness fees. Ex parte Dement (Sup., Ala.) (N. C.) . 2.-Who is not expert. Nelson v. Sun Ins. Co. (Ct. App., N. Y.).....
EXTRADITION.-English extradition act; British subject not surrendered to Switzerland. Queen v. Wilson (Eng. Q. B. D.)..
2. An extradited criminal cannot be tried for offense other than that for which he was delivered up, and not named in treaty. Commonwealth v. Hawes (Ct. App., Ky.) (in full).. 3.-Between States; offender may be tried for offense from that for which he was delivered up; one il- legally surrendered may be tried. Matter of Noyes (U. S. Dist.) (in full).. EVIDENCE.-Verbal agreements at time of or pre- vious to written contract are not admissible to vary, but those made subsequently may be. Hawkins v. United States (U. S. Sup.)..
28. Declarations of vendor after sale not admissible against vendee. Burnham v. Brennan (Ct. App., N. Y.)....
29.-Expert, not allowable in question of negligence, within general experience. Shafter v. Evans (Sup., Cal.)..
See Bankruptcy, 19, 55, 56; Criminal Law, 12-16. FALSE REPRESENTATION.-Exposing dis- eased pigs for sale in market not a representation of soundness. Ward v. Hobbs (Eng. Ct. App.)... FEDERAL COURTS.-Not foreign to State tribu-" nals but of a different sovereignty. Pennoyer v. Neff (U. S. Sup.)........
2. Of experts as to negligence in navigating vessel, is admissible. East. Transp. Line v. Hope (U. S. Sup.) 35 3.-Parol admissible to show condition of making written contract. Greenwault v. Kohne (Sup., Pa.). 37 4.-Confessions of lessee of distillery are admissible against owner in proceedings under revenue law for forfeiture. Doblins v. United States (U. S. Sup.) 56 5.-Question designed to show bias of witness compe-
tent. Wottrick v. Friedman (Ct. App., N. Y.)..... 57 6.-A judgment of divorce is admissible in collateral
action to show status of divorced wife of party offered as witness, and cannot be impeachable in
4.-Valuation; under Wisconsin statute statement of value in policy is conclusive, and not to be waived by stipula- tion. Reilly v. Franklin Ins. Co. (Sup., Wis.).. 5. Subrogation, contract for, with mortgagee as to his own interest; when valid. Ulster Co. Sav. Inst. v. Decker (Ct. App., N. Y.).... 6.-Estoppel; silence of company when required to give notice operates as; notice after loss and informality in giving not then objected to, no defense; pleading. Ben- nett v. Maryland Fire Ins. Co. (U. S. Dist.) (in full.).. 363 7.- Alienation of title, condition forbidding violated by death of insured. Sherwood v. Agricultural Ins. Co. (Ct. App., N. Y.). 8.-Waiver; condition avoiding policy if possession changes may be waived by verbal contract of company's agent. Amazon Ins. Co. v. Wall (Sup., Ohio.).
FIRE INSURANCE-Continued. 9.-Warranty of description in application; reference to application not in company's possession does not con- clude insured. Vilas v. N. Y. Cent. Ins. Co. (Ct. App., N. Y.).. 10.-Title, want of, to premises insured, when no defense. Munroe Co. M. Ins. Co. v. Robinson (Sup., Pa.)... 11.-Under provision that policy is void if there is other insurance not indorsed on policy, a general notice of such insurance, not stating amounts to agents, will not save avoidance. Billington v. Prov. Ins. Co. (Ct. Error, etc., Ontario.)..
12. Construction of policy doubtful, and contradictory provisions construed so as to avoid warranty. First Nat. Bk. v. Hartford Ins. Co. (U. S. Sup.). 13.-Ownership; statement that lessor owns uncondition- ally property does not avoid policy. Lycoming F. Ins. Co. v. Haven (U. S. Sup.) (in full...)....... 14.-Conditions avoiding policy; unoccupied building; es- toppel; knowledge of agent knowledge of company; agent of company cannot be made agent of insured by stipulation; waiver. Gans v. St. Paul Ins. Co. (Sup., Wis.).
- Willful burning; proof of, need not be beyond reasonable doubt. Kane v. Hibernia Ins. Co. (Ct. Er., N. J.) (in full).. 16.-A fire policy was conditioned to be void if the insured premises should be vacant, and the condition was not to be waived except by written consent indorsed thereon. Held, that a verbal consent of the company's agent, and a memorandum on the agent's books, was not a waiver of the condition. Walsh v. Hartford F. Ins. Co (Ct. App., N. Y.)... 17.-Conditions on back of policy referred to therein, bind- ing; incumbrance on property, confessed judgment unexecuted is. Kensington Nat. Bk. v. Yerks (Sup., Pa.) 18.-Eminent domain; insured property being acquired for public improvements does not relieve insurer. Col- lingridge v. Roy. Ex. Assur. Corp. (Eng. Q. B. D.)... 290 19.-Mortgage; insurance by mortgagor for benefit of mortgagee; when company may pay loss to mortgagor. Stearns v. Quincy M F. Ins. Co. (Sup., Mass.). 20.-Conditions in policy against vacant building; saw- mill temporarily unused in dry weather not a vacant or unoccupied building; increase of risk; applies only to future acts. Whitney v. Black R. Ins. Co. (Ct. App., N. Y.)...
HABEAS CORPUS.-Judgments by courts having jurisdiction will not be reviewed by. Petition of Gor- man (Sup., Mass.) HIGHWAY.-Corporation occupying highway must keep it in repair. Penn. R. R. Co. v. Irwin (Sup. Ct., Pa.). 2.-Owner of adjoining land may temporarily use. Mal- lory v. Griffey (Sup., Pa.).
3.-Change in grade of, entitles land owner to additional compensation. City of Youngstown v. Moore (Sup. Com., Ohio.). Bartlett v.
4.-Cul de sac may become, by dedication.
INDORSEMENT-Collateral security, holder of note secured by mortgage may look first to accommoda- tion indorser. First Nat. Bk. of Buff. v. Wood (Ct. App., N. Y.).. ILLEGAL CONTRACT.-When parties equally to blame, money paid in, recoverable back if there is locus penitentice and contract incomplete. Knowl- ton v. Cong. & Emp. Spring Co. (U. S. Circ.) (in full).. 2.-Agreement to purchase stock to be delivered not presumptively a gaming contract. Story v. Solomon (Ct. App., N. Y.)... 3.-Mortgage given to compound felony will be set aside. Henderson v. Palmer (Sup., Ill.) (N. C.).......... 4.-Lease by agent of house to be used for gambling does not defeat action for rent by innocent land- lord. Stanley v. Chamberlain (Sup., N. J.) (N. C.) 119; (Abst.). 5.-Security given on compounding offense against Fed- eral revenue law void. Wright v. Rindskopf (Sup., Wis.)..
See Contract, 10-14. INFANCY.-No distinction between void and void- able contracts. Harner v. Dipple (Sup. Ct., Ohio) (N. C.)
FIXTURES.-Rolling stock on railway is not real estate. Williamson v. N. J. South. R. R. Co. (Ct. Er., N. J.) (N. C.) 2.-Chairs fitted to a theatre and screwed to floor, are so as to authorize a mechanics' lien. Gross v. Jackson (C. P., N. Y.) (N. C.) FORECLOSURE.-In what manner interest of mort- gage on may be stated under Code, § 1244, in referee's deed. Randel v. Van Ellert (N. Y. Sup.) (C. T.). 2.-Referee to compute amount due must take oath. change Fire Ins. Co. v. Early (N. Y. Com. Pl.) (C. T.) FORGED PAPER-Bank paying checks on forged indorsement cannot hold depositor. Welsh v. Germ. Am. Bk. (N. Y. Super ) (N. C.) FRAUD.-Sale by one partner of an insolvent firm to an- other is not. Russell v. McCord (U. S. Dist.) 2.-Premiums paid upon life policy taken upon false repre- sentations, not recoverable back unless representa- tions influenced plaintiff. A promise is not a fraud. Rohrscheider v. Knick. Ins. Co. (Ct. App., N. Y.).. 3.-Purchase of goods on credit by one without means, when fraudulent and when not so. Talcott v. Hender- son (Sup.. Ohio.) 4.-Equity will not relieve against mere moral wrong; nor against failure to fulfill verbal agreement as to pur- chase of land. Watson v. Erb (Sup. Com., Ohio.)... 489 See Bankruptcy, 63-68.
8.-To set aside fraudulent sale of goods, knowledge must be shown in vendee. Dickinson v. Adams (U. S. Dist.) 472 4.-Chattel mortgage on merchandise left in possession of mortgagor fraudulent; what is fraudulent arrange- ment. Southard v. Bennet (Ct. App., N. Y.)..... See Bankruptcy, 68.
GIFT-Donatio mortis causa. Gift of bank deposit re- ceipt without delivery to donor incomplete. Moore v. Ulster Banking Co. (Ir. Q. B.) (N. C.) ..
INNKEEPER.-Has llen on guest's horses for entire bill of guest. Mulliner v. Florence (Eng. Ct. App.) (N. C.) INSANITY.-The presumption 'is of sanity until in- quest found then of insanity. Titcomb v. Vantyle (Sup., Ill.)......
INTERNAL REVENUE. Forfeiture, acts of lessee of land upon which distillery stands bind owner. Dobbins v. United States (U. S. Sup.). 2.-Revenue collector may not examine paid bank checks under § 3177, R. S. U. S. United States v. Mann (U. S. Sup.) (in full). 3.-Evidence of witnesses not admissible to supply want of entries required by law to be kept. Bergdoll v. Pollock (U. S. Sup.).......
INTEREST.-In case of conflict of law between place of contract and of payment, parties may stipu- late judgment does not change rate in Iowa. Cromwell v. County of Sac (U. S. Sup.) 252; (in full) 264 2. Statute and not contract governs rate when note is past due. Duran v. Ayer (Sup., Me.)... 412 3.-Rate of, after maturity of instrument governed by statute, not by instrument. Eaton v. Boessonault (Sup., Me.) (N. C.)....
2. Of another State; impeachment of record of ser- vice of summons allowable. Marten v. Duncan (Sup., Kan).
3.-Of U. S. Circuit Court, footing of, same as that of Superior Court of State. Turrell v. Warren (Sup.. Minn.)..
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