JUSTICES' COURTS.-Code, § 1303, inapplicable to appeals from. Roberts v. Davids (N. Y. Sup.).... 60 JUROR.-Previous conversation by, as to facts of case not ground for challenge for cause. Un. Gold Min. Co. v. Rocky Mt. Nat. Bank (U. S. Sup.)...... JURISDICTION-of U. S. Circuit Court. The U. S. Circuit Court has not jurisdiction irrespective of the citizenship of the parties unless case arises out of law of United States; that a law of United States must be construed, is not enough. Dowell v. Gris- wold (U. S. Circ.)... 2.-Of Federal court; except under bankrupt law, Fed- eral cannot enjoin action in State court. City of Alexandria v. Fairfax (U. S. Sup.)... 3.-Of U. S. Circuit Court; suit between citizens of dif- ferent States; foreclosure of mortgage; joinder of parties. Omaha Hotel Co. v. Wade (U. S. Sup.). 161 1.--Judgment against non-resident without personal service or appearance invalid, except as to property then in State; State process served out of State does not give jurisdiction. Pennoyer v. Neff (U. S. Sup.) 161 5.-Prerogative; executive cannot forbid citizen's plea ; court can examine grounds of government inter- vening in suit. Lee v. Kaufman (U. S. Dist.); (note) 236; (C. T.).... 6.-May be acquired by service of process on attorney. Levinson v. Oc. St. Nav. Co. (U. S. Circ.) (in full.).. 285 7.-General appearance of non-resident defendant gives. Olcott v. McLean (Ct. App., N. Y...)................... 8.-Judge interested in result of proceeding may act when he has exclusive jurisdiction general drain- age law of New York. In re Ryers (Ct. App., N. Y.) 333 9.-Federal court has over foreign corporation filling stipulation under State law authorizing agent to re- ceive process, by service on such agent. Fonda v. B. Am. Assur. Co. (U. S. Circ.). 10.-Of State courts over offenses by officers of national banks. Several cases (N. C.)....... 11.-Court of Claims has, of claim for rebate of tax im- properly refused by treasury officers. United States V. Kaufman (U. S. Sup.)...
12.-Of State courts, against national banks for usury; penalty; set off. Hade v. McVay (Sup., Ohio) (in full). 410 13.-Of Federal Circuit Court over foreign insurance corporations. Ex parte Shollenberger (U. S. Sup.) (in full)...
14. State courts have, of action by assignee in bank- ruptcy. Kidder y. Horribin (Ct. App., N. Y.)...... 15.-Divorce by Utah court between non-resident par- ties invalid. State v. Armington (Sup., Minn.) (in full)...
16. When Federal court has exclusive, of matters affect- ing national bank. In re Duryea (U. S. Dist.)...... 472 See Bankruptcy, 80-89.
LANDLORD AND TENANT.-When landlord must keep leased property safe for persons using it. Nash v. Minn. Mill Co. (Sup., Minn.)..
LATERAL SUPPORT.-Twenty years open enjoy- ment of, raises presumption of grant of. Angus v. Dalton (Eng. Q. B. D.) (N. C.)...............
LEASE.-Lessor accepting assignee of lease as tenant, does not relieve lessee from covenant for rent. Hunt v. Gardner (Sup., N. J.) (N. C.).. 2.-Tenant recovering for value of use and occupation of leased premises after eviction liable for rent. Knox v. Hester (Ct. App., N. Y.)...... 3.-Assignment of lease and acceptance of assignee as tenant does not bar action against former tenant for rent. Hunt v. Gardner (Sup., N. J.)............. 4. Surrender. New lease to operate as, must be valid: agreement to reduce rent does not constitute new lease. Coe v Hobby (Ct. App., N. Y.)... 5. Rights of lessee under, when dependent upon per- formance of covenant on his part; estoppel and waiver, what constitutes. People's Bank v. Mitchell (Ct. App., N. Y.).... 6.-Fraudulent lease does not create relation of land- lord and tenant. Bidwell v. Evans (Sup., Pa )...... 513 7.-Covenant not to assign not usual one in. Hamp- shire v. Wichins (Eng. Ch. D ) (in full)...
LIBEL. Statements in pleading without malice not actionable. Lanning v. Christy (Sup., Ohio) (N. C.). 78 2.-Calling person "convicted felon" libelous if he has suffered sentence therefor, or received pardon. Leyman v. Lattemer (Eng. Ex. D.)..... 3.-Report of ex parte proceedings before magistrate not. Usell v. Hales (Eng. C. P. Div.) (note). 4.-Criminal prosecution for, publication by editor of newspaper without knowledge of proprietor; what constitutes knowledge under English Queen v. Holbrook (Eng. Q. B. D.)... 5.-Words actionable per se, "dirty reform politician," smells bad," etc. Cottrill v. Cramer (Sup., Wis.). 251 6.-Privilege; of ex parte judicial proceedings, where comint is dismissed, privileged Usell v. Hales (Eng. C. P. D.) 251; (in full).........
LIFE INSURANCE.-Forfeiture; waiver agent not authorized to, cannot waive forfeiture from non- payment. Knickerbocker Life Ins. Co. v. Norton (U. S. Sup.).... 2.-Estoppel; representations of agent that premium need not be paid when due, or that insured will be notified, do not bind company contrary to terms of policy. Union Mutual Life Ins. Co. v. Mowrey (U. S. Sup.). 3.-Forfeiture must be at once asserted by company or is waived. Mutual Life Ins. Co. v. French (Sup., Ohio.) (N. C.).... 4.-Non-payment caused by failure of company to notify as to place of payment does not cause. New York Life Ins. Co. v. Eggleston (U. S. Sup.) (in full.).... 368 5.-Suicide; condition against; not broken if insured is insane. Conn. Mut. Life Ins. Co. v. Groom (Sup., Pa.) (N. C.).. 6.-Non-forfeiting policy; rights of insured under; construction of policy; cancellation. Chase v. Phoenix Mutual Life Ins. Co. (Sup., Me.)...... 7.-Surrender by husband whose life is insured in favor of wife, not valid without consent of wife. Still- well v. Mut. Life Ins. Co., New York (Ct. App., N. Y.). 8.-Non-payment of premiums; equity will prevent sac- rifice of, of interests of insured. Dongan v. Mutual Benefit Life Insurance Co. (Ct. App., Md.) (N. C.).. 459 9-Estoppel; when company by conduct may not in- sist on conditions forfeiting policy; tender of pre- miums not necessary to keep alive policy after fre- quent refusals to receive. Meyer v. Knickerbocker Life Ins. Co. (Ct. App., N. Y.).... 10.-Representations; a representation on the 1st of October, that insured is in good health, is not a con- tinuing one, so as to avoid a renewal given on Octo- ber 14th, a change having taken place in health. Mutual Benefit Life Ins. Co. v. Higginbotham (Sup. Ct., U. S.) 16; (in full)...
11.-In issue of paid-up policy premium notes cannot be deducted from amount of policy. Brooklyn Life Ins. Co. v. Dutcher (U. S. Sup.) 12.-Benefit of new policies issued in place of old one surrendered inures to party entitled to benefit of old ones. Barry v. Brune (Ct. App., N. Y.)....... 13.-Policy in northern company held in confederate States, tender of premium to agent in confederate States, not effectual to keep alive policy. New York Life Ins. Co. v. Davis (U. S. Sup.) (in full)..... 14.-Insurance company cannot maintain action against one wrongfully killing insured person. Mobile Life Insurance Co. v. Brame (U. S. Sup.) (in full).... 15-Payment of premiums to agent after revocation of authority by one without notice, valid. South. Life Ins Co. v. McCain (U. S. Sup.).. LOTTERIES.-Constitutional provision forbidding, does not affect former grants. State v. Miller, (Sup. Mo.) (in full)...........
MAILS.-Congress may exclude specified matter from, but may not authorize opening sealed packages for evidence. Matter of Jackson (U. S. Sup.) (in full).. 448 MALT LIQUOR.-What is, question of fact for jury. State v. Starr (Sup., Me.)..... 2.-Lager beer presumed to be. State v. Goyette (Sup., R. I.)... MANDAMUS.-Rules governing allowance of, return to appeal from canal board may be compelled by. People v. Canal Appraisers (Ct. App., N. Y.).... MARRIAGE.-Evidence of, general conduct and reputation enough. Procter v. Bigelow (Sup., Mich.) (N. C.) 278; (in full)... 2.-Conflict of law, marriage null by law of domicile of parties when invalid if made elsewhere. Sottomayer v. De Barros (Eng. Ct. App.).....
MARRIED WOMEN.-A married woman's estate is liable on a promise to repay money advanced to aid her in obtaining such estate Harrington v. Robert- son (Ct. App., N. Y.)....
MARINE INSURANCE.-Loss caused by collision between ships of same owner gives underwriters no claim against fund paid into court. Simpson v. Thompson (Eng. H. L.)... MARITIME LAW.-Contract for the use of a wharf by vessel owner is maritime and enforceable in rem. Ex parte Easton (U. S. Sup.) (in full) 2.-A tug towing a barge is liable for want of skill. East. Transp. Line v. Hope (U. S. Sup.)... 3.-Limit of liability of ship-owner and stipulators stated. Sparrow v. Avery (U. S. Sup.)..
4. Owners of cargo saved from lost ship must contri- bute toward life salvage. The Specie ex Sarpedon (P. B. & Adm. D., Eng.)... 5.-Collision; vessels in motion must keep out of way of vessels at anchor. Steamtug Ehrman v. Curtis (U. S. Sup.)....... 6.-Collision; innocent parties entitled to full compen- sation, except there is inevitable accident. Steam- tug Ehrman v. Curtis (U. S. Sup.).. 7.-Partnership firm cannot libel vessel owned by its members. The Benton (U. S. Dist.) (N. C.)....
MORTGAGE-Continued. 8.-Discharged from record by mistake may be rein- stated and lien preserved. French v. Stone (Sup., Mich.) (N. C.)................ 9.-Mortgagor cannot create charge on lands superior to mortgage. Saunders v. Dunman (Eng. Ch. D.).. 472 10.-Note of married woman binding separate estate is not. Third Nat. Bank v. Blake (Ct. App., N. Y.).. 511 MUNICIPAL BONDS.-The presumption exists that they were issued with authority and are valid. County of Macon v. Shores (U. S. Sup.).... 2.-Limit of taxation in act authorizing issue of, does not bind holder of bonds. United States v. Clark Co. (U. S. Sup.)..... 3.-Bonds in aid of a private toll bridge are for public purpose. Commissioners of Dodge v. Chandler (U. S. Sup.)..
4.-Vote for, without authority of statute, does not au- thorize issue, and Legislature cannot afterward make it valid. Barnes v. Lacon (Sup., Ill.)..
5.-Voidable bonds valid in hands of bona fide holder, void bonds not; bona fide holder bound by recitals. Barnes v. Lacon (Sup., Ill.)... 6.-Bonds issued by order of county court without author- ity of town, invalid in every one's hands. County of Bates v. Winters (U. S. Sup.).. 7.-Appearing on their face to be issued in violation of the statute authorizing them, void in hands of any holder, and the Legislature cannot make them valid. Horton v. Town of Thompson (Ct. App., N. Y.)............. See Constitutional Law, 31.
12. Shipowners, law limiting liability of, applicable to foreign vessels. Levinson v. Oc. St. Nav. Co. (U.S. Circ.) (in full)... 13.-Owner of ship managing is liable for negligence of captain trading independently and rendering a share o profits. Steel v. Lester (Eng. C. P. D.)..... 351 14.-Collision, rules for avoiding applied; common law rule as to negligence applied. Lord v. Hazeltone (Sup., Me.)..
15.-Bottomry bond, may be given on cargo as well as ship; discharge of loan if utter loss of vessel occurs requires total loss. Del. Mut. S. Ins. Co. (U. S. Sup.)..
MASTER AND SERVANT.-A master is liable to compensatory but not punitory damages for un- authorized willful act of servant, and for punitory when he authorizes or ratifies the act. Bass v. C. & N. W. Ry. Co. (Sup., Wis.). 2.-Master must furnish safe machinery, but knowledge
MUNICIPAL CORPORATIONS.-Liability for flooding. Inman v. Tripp..
2.-After a contract for street improvements is made, the city has no right to alter it by ordinance. Addis v. City of Pittsburgh (Sup., Pa.)... 3.-Ordinance of, must be within the power delegated to city; regulating standard of weights and measures. City of Chicago v. Meker (Cook Co. Cr. Ct.) (N. C.)..... 4.-Liable for injury from defective sidewalk put down by land-owner. City of Marquette v. Cleary (Sup.,
Mich.). 5.-City of Brooklyn; when common council agent of State and not of city, city not liable for neglect of duty. N. Y., etc., Lumber Co. v. City of Brooklyn (Ct. App., N. Y.)....
6.-Negligence; liable for act of servant in doing work for private property owner. Hall v. Mayor (Eng. Q. B. D.)...
8.-Powers conferred in city common council cannot be delegated to agent. Birdsall v. Clark (Ct. App., N. Y.)....
9.-Negligence of; defective highway; no liability for in- jury to one horse racing. McCarthy v. City of Port- land (Sup., Me.)....
that machinery is not safe precludes employee from recovering for injury thereby. Tol. Wab. & W. Ry. Co. v. Asbury (Sup., Ill.). 3.-Contract to float logs does not create relation of. Town of Pierpont v. Loveless (Ct. App., N. Y.).. 4.-Common employment, joint railroad station em- ployees. colaborers so as relieve employers from lia- bility for negligence of servants. Swanson v. N. E. Ry. Co. (Eng. Ct. App.)..... 5.-Master must furnish safe machinery; defective rail- road track; engineer traveling over, not presump- tively acquainted with defects. Mehan v. S. & B. R. R. Co. (Ct. App., N. Y.).... 6.-Negligence of fellow servant gives no cause of action to servant against master; need not be employed in same particular work; "mining boss" and "driver boss" are fellows. L. V. Coal Co. v. Jones (Sup., Pa.)... MINING.-Mine owner not liable to adjoining owner for natural overflow of water. Fletcher v. Smith (Eng. H. L.)....
MISTAKE.-Must be of fact not of law to authorize recovery of money paid. Lambert v. Co. of Dixon (U. S. Sup.)..........
MORTGAGE.-Intended as continuing security for future indebtedness valid. Brown v. Kiefer (Ct. App., N. Y.)....... 2.-Priority of security not affected by after promise to pay gold. Wallace v. Loomis (U. S. Sup.)... 3.-Assumption of, taking subject to, without further words, not an assumption. Fish v. Tolman (Sup., Mass ).....
4.-Absolute conveyance to secure loan is; power of sale under, must be followed strictly; sale on less notice than mortgage and statute requires void; accounting by vendor to innocent purchasers. Shel- laber v. Robinson (U. S. Sup.).... 5.-Construction of an agreement in not to call in principal on punctual payment of interest; waiver. Keene v. Biscoe (Eng. C. D.)..
10. Surface water; no action lies against city for in- jury from escape of surface water from streets result- ing from change of grade. Wakefield v. Newell (Sup., R. I.) (in full).
362 11.-Street with precipitous depression of some feet is un- safe, as matter of law; city negligent and liable for injury from, though without funds to repair. Pere- deaux v. C. of Mineral Pt. (Sup., Wis.) 12. Power of; if authorized by charter, may close liquor saloons at 10 P. M Prest. of Platteville v. Bell (Sup., Wis.).
See Constitutional Law, 32, 33; New York City. NATIONAL BANK.-Indebtedness to, for more than one-tenth of capital stock, recoverable; estoppel. Union Gold M. Co. v. Roch. M. Nat. Bk. (U. S. Sup.) 131 2.-Transfer of shares. A shareholder has power to trans- fer shares and directors cannot refuse to register trans- fer. Johnson v. Laflin (U. S. Circ.) (C. T.) 117; (in full). 146 3.-Usury by; jurisdiction; set-off. Hade v. McVay (Sup., Ohio) (in full)...
4.-Trial of matters affecting, when it should be in Fed- eral courts. In re Duryea (U. S. Dist.).. 5.-National currency act liberally construed, forfeit- ures not favored; usury will not be raised out of reasonable charge for exchange. Wheeler v. Un. Nat. Bank (U. S. Sup.)..
6.-Absolute deed may be shown to be by parol. Peugh v. Davis (U. S. Sup.)..
6.-Mortgage to, note of married woman binding sep- arate property is not. Third Nat. Bk v. Blake (Ct. App., N. Y.)...
7. Of property not actually or potentially in possession invalid. Emerson v. E. & N. A. Ry. Co. (Sup., Me.). 398
See Bank Taxation, 4, 5; Usury, 5. NATURALIZATION.-Chinese not entitled to. Matter of Ah Yup (U. S. Circ.) (C. T.) 357; (in full) 3
NAVIGABLE STREAM.-Riparian owner cannot appropriate. Moore v. Jackson (2 Abb. N. C.) 211; (N. C.)..... 2.-Owner of adjoining land above obstruction, not en- titled to action for. Blackwell v. O. C. R. R. Co. (Sup., Mass.) (N. C.).... 219 See Constitutional Law, 34, 35; Reparian Rights; Water Course. NEGLIGENCE.-Boarding-house keeper liable to guests for negligence of servants in care of prop- erty. Smith v. Read (N. Y. C. P.)..... 2.-CONTRIBUTORY NEGLIGENCE. In order to avoid a recovery on the ground of contributory negligence the plaintiff's negligence must have directly con- tributed to the injury; facts constituting Balti- more & Port. R. R. Co. v. Jones (Sup. Ct., U. S.)... 16 3.-Neglecting endangered property to save life not negligence contributing to loss of property. East. Transp. Line v. Hope (U. S. Sup.).... 4.-Proof of contributory, in defendant. Mallory v. Griffey (Sup., Pa.)
5. As a rule, degree of care required in crossing a rail- road track question for jury. Dolan v. Del. & Hud. Canal Co. (Ct. App., N. Y.)..
6.-Neglecting to use all senses when about to cross a railroad, contributory negligence. Chi. R. I. & P. R. R. Co. v. Houston (U. S. Sup) 7.-Rule as to adults not applicable to infants; sending child six years old with older one across railroad track not. Chi. & A. R. R. Co. v. Becker (Sup., Ill.) 8.-When death is by a wrongful act of defendant, con- tributory negligence no defense. Matthews v. War- ner (Sup. Ct. App., Va.)...............
9. Passenger on railroad; not contributory, to ride in a caboose car. Creed v. Penna. R. R. Co. (Sup., Pa.) (in full)..
10. Slight, will not prevent recovery. Griffin v. T. of Willow (Sup., Wis.).
11.--Of driver of private carriage imputable to owner. Priedeaux v. C. of Mineral Pt. (Sup., Wis.).. 12. Crossing in front of moving train is. Grows v. Me. Cent. R. R. Co. (Sup., Me.).
13.-Offering dog at large candy is not. Lynch v. Mc- Nally (Ct. App., N. Y.)
14.-Defense in action against railroad for animal killed. Curry v. C. & N. W. Ry. Co. (Sup., Wis.)..... 15.-Attempts to preserve one's own property when in danger is not; exercising reasonable prudence is not. Rexter v Starin (Ct. App., N. Y.) 16.-Railroad killing cattle; turning cattle in field defect- ively fenced is. Dayt. & M. R. R. Co. v. Miama Co. Inf. (Sup. Com., Ohio) 17.-DAMAGES. No damages can be recovered for death where killing is in self-defense. March v. Walker (Sup., Tex.)..
18. EVIDENCE. Firing neighboring building by sparks from stove; evidence of. Briggs v. New York Cent., etc., R. R. Co. (Ct. App., N. Y.). 19.-FACTS. When rule as to dependent upon facts of case. Jackson v. Metropolitan Railway Co. (H. L.) (C. T.)... 20.-INDIRECT CONSEQUENCES. Wrong-doer liable for consequence of act caused by third person. Clark v. Chambers (Eng. Q. B. D.) (N. C.) 458; (in full).... 505 21.-PUBLIC OFFICER not liable for in discharge of official duty. Brennan v. Guard of Limerick (Ir. Q. B. D.) (N. Č.)... 22.-RAILROAD. Absence of flagman usually stationed at street crossing is negligence. Dolan v. Del. & Hud. Canal Co. (Ct. App., N. Y.).. 23.-Trains running where stock is at large at high rate of speed is; through towns faster than legal rate is; leaving stock at large is not contributory negligence. Chi. & A. R. R. Co. v. Engle (Sup., Ill.). 24.-Trains running faster than legal rate is. Chi. & A. R. R. Co. v. Becker (Sup. Ill.). 25.-Backing train; overshooting platform at station without notice is; passenger attempting to leave train overshooting platform is not negligent. Taber v. Delaware, etc., R. R. Co. (Ct. App., N. Y.).. 26.-Company liable to passenger for injury from dan- gerous stairway in station. Beard v. Conn. & P. R. R. R. Co. (Sup., Vt.) (N. C.)............... 27.-Station platform being icy is; going on platform not contributory. Weston v. N. Y. E. R. R. Co. (Ct. App., N. Y.). 28.-Porter shutting carriage door upon hand of pas- senger not. Maddox v. L. C. & D. Ry. Co. (Eng. C. P. D.) (N. C.).... 29.-RESPONDEAT SUPERIOR. Contractors with city liable for negligent acts rendering city responsible; evidence. City of Rochester v. Montgomery (Ct. App., N. Y.)... 30.-City liable for act of company constructing public water works. Butler v. City of Bangor (Sup., Me.) 452; see, also, City of Erie v. Caulkins (Sup., Pa.).. 435 31-SAFE DEPOSIT COMPANIES. Evidence of negligence. Safe Deposit Co. v. Pollock (Sup., Pa.) (in full). 32.-SURFACE WATER from streets. Wakefleld v. New (Sup., R. I.)
NEGLIGENCE-Continued. vation cannot recover. Pa.) (N. C.).... 34.-USER. Decay of wire fence; death of cattle caused by pieces of; taken while grazing, gives right of action. Ferth v. Bowling Iron Co. (Eng. C. P. D.).. 256 35.-USER OF LANDS. Liability of owner of land for damages caused by negligent user of; artificial mound; throwing water on neighbor's land. Hurd- man v. N. E. Ry. Co. (Eng. Ct. App.) (in full).. See Act of God; Animals: Carrier of Passengers; Master and Servant; Municipal Corporations; Proximate and Remote Cause. NEGOTIABLE INSTRUMENT..-Agreements made by indorser with maker; not admissible to impeach presumptive contract against bona fide holder. Brown v. Spofford (U. S. Sup.) (in full)..... 31 2.-Bill of exchange; what drawer of, may recover from acceptor dishonoring. Re Gen. So. Am. Co., etc. (Eng. Ch. Div.) 3-Check transferred 14 months after date, sufficient to put transferee in inquiry; what sufficient to relieve from further inquiry; bankruptcy. Cowing v. Alt- man (Ct. App., N. Y.)..
4.-Possession of bank check by rightful owner without in- dorsement of payee does not authorize payment; cus- tom does not alter rule. Dodge v. Nat. Exch. Bk. (Sup. Com., Ohio.).....
5.-Bonds. Municipal bonds with over due coupons, not dishonored paper, so as to let in defense against bona fide holder; rights of such holder; purchaser for less than par may recover. Cromwell v. County of Sac (U. S. Sup.) 252; (in full.)..
264 6.-Failure of independent consideration not defense to. Brice v. Carter (Ct. App., N. Y.)..... 7.-Indorsement; unauthorized interference of postal au- thorities preventing presentment for payment does not release indorser. Pier v. Heinrichshofen (Sup., Mo.).. 315 8.-Stolen securities; purchaser in good faith protected. D. M. Ins. Co v. Hatchfield (Ct. App., N. Y.)..... 9.-Indorsement of, by bankrupt after bankruptcy valid. Hersey v. Elliot (Sup., Me.) (N. C.).. 10.-Holder for value, transferred on payment for prece- dent debt not. Potts v. Meyer (Ct. App., N. Y... 475 11.-Note with place of payment left blank to be filled in. Woodward v. Green (Sup. App., Va.).... 12.- Township warrants to bearer are not. Tp. of E. Union v. Ryan (Sup., Pa.) 13.-Indorsement; when subsequent one discharges prior. Howe Mach. Co. v. Hadden (U. S. Circ.).. See Bank Check; Bankruptcy, 23, 24, 128; Bill of Ex- change; Indorsement; Promissory Note; Suretyship, 14. NEW YORK CITY.- Removal from police force; "conduct unbecoming an officer;" title to office. Peo- ple v. Bd. of Police (Ct. App., N. Y.). 2.-Ordinance of Board of Health forbidding sale of adul- terated milk, held valid. Kolinsky v. People (Ct. App., N. Y ).. 3.-Removal of subordinate employee of city without cause, allowed. People v. Fire Com'rs (Ct. App., N. Y.)..... 434 NUISANCE.- An increased noise and vibration caused by increase of machinery entitles to injunction. Heather v Parden (Eng. Ch. D.) 2.-Owner renting house for bawdy house, liable to adjoin- ing owners; rule of damages. Givens v. Van Studde- ford (Ct. App., St. Louis).
OFFICER.-Notice must be taken of authority of. Hawkins v. United States (U. S. Sup.).... 2.-Deputy clerk of Federal Court not employee of gov ernment. United States v. Meigs (U. S. Sup.)... 132 3.-Paid in fees cannot charge public for wages paid assist- ants. Hartwell v. Milwaukee (Sup., Wis.) PARDON.-Conditions may be annexed to and enforced. Arthur v. Craig (Sup., Iowa.) (N. C.)...
2.-Defect of, when defense of defect of parties plain- tiff will not lie; trust; specific performance. Bis- sell v. Heyward (U. S. Sup)... 3.-Foreclosure action, construction of 2 R. S. 191, $8 152-154. Scofield v. Dosher (Ct. App., N. Y.).. 4.-Town, action against ex-supervisor for failure to account for town moneys must be in name of town. Hagadorn v. Raux (Ct. App., N. Y.).....
are liable for each other's torts in partnership business. But partner sell- ing his interest in firm not liable for misrepresenta- tion by copartner. Schwabacker v. Riddle (Sup., Ill.) 92 2.-Debt owing to firm cannot be applied to pay indi- vidual partner's indebtedness. Cotzhausen v. Judd (Sup., Wis.)
PROXIMATE AND REMOTE CAUSE. railroad collision, caused by an engineer's failure to see a landslide, caused the oil on one train to take fire and float down a stream that ran beside the track, and set fire to plaintiff's adjoining property. Held, that cause was too remote to entitle plaintiff to recover. Hoag v. Lake Shore R. R. Co. (Sup. Ct., Pa.) 17; (in full).
2.-Damage caused by fire set in adjoining field by en- gine sparks not too remote. Houston, etc., Ř. R. Co. v. McDonough (Sup., Tex.).. 3.-Burning of boat by straw piled on it and set fire to by negligence not too remote. Riddell v. N. Y. C., etc., R. R. Co. (Ct. App., N. Y.)....... 4.-Wrong-doer liable for consequences of act from in- tervention of another. Clark v. Chambers (Eng. Q. B. D.((N. C.) 458 ; (in full).
3.-Dissolution; each partner may use trade name. Condy v. Mitchell (Eng. Ct. App.). 4.-Agreement for, not completed does not constitute. Meyer v. Schacher (Eng. Ch. D.).. 5.-Attachment and execution against one partner in firm debt, does not hold firm property. Staats v. Bris- tow (Ct. App., N. Y.).... 6.-Agreement constituting; advance by way of loan, lender to share in profit. Ex parte Delhasse (Eng. Ct. App.)..... 7.-Construction of contract; part owners not partners. Chapman v. Eames (Sup., Me.). 8.-Partner's private debt; firm funds applied to, not recoverable back. Bloodgett v. Sleeper (Sup., Me.) 413 9. Retiring partner liable for debts of firm, not- withstanding agreement between partners and that firm has assets; release of security by creditor does not relieve from liability. Ransom v. Tayler (Sup. Com., Ohio)...
10.-Carrier not relieved from liability because shipper violates law against fictitious firms. Wood v. Erie Ry. Co. (Ct. App., N.Y.)..
PATENT RIGHT NOTES.-A State law requiring notes given for patent rights to state that fact, un- constitutional. Woolen v. Banker (U. S. C., S. D.. Ohio) (in full) 72; also, State v. Lockwood (Sup., Wis.) 332; and contra, Haskell v. Jones (Sup., Pa.)... 267 2.-Non-negotiable note not included in act in relation to. State v. Brower (Sup. Com., O.).................. PAYMENT.-Of less than claimed on unliquidated debt if accepted discharges debt; claim against gov- ernment. Baird v. United States (U. S. Sup.)..... 2.-Promissory note, acceptance of new note of firm then dissolved by death for valid old note of firm does not cancel old note. First Nat. Bk. v. Morgan (Ct. App., N Y.).... 3.-On note not indorsed thereon will be allowed, not- withstanding stipulation to the contrary. Kasson v. Noltner (Sup., Wis.)..... PERSONAL PROPERTY.-Rights of action ex delictu are not. Gibson v. Gibson (Sup., Wis.)...... 38 PLEADING.-Nul tiel corporation cannot be pleaded collaterally. County of Macon v. Shores (U. S. Sup.).....
2.-Complaint stating only conclusion of law, not suffi- cient. Sheridan v. Jackson (Ct. App., N. Y.)... 191 3.-Complaint joining legal and equitable claim, ground of dismissal. Thornton v. St. P. & Ch. Ry. Co. (Ct. App., N. Y.).......
PRACTICE.-In Federal courts, depositions not gov- erned by requirement assimilating practice to that of State courts. Sage v. Tauszky (U. S. C., S. D., Ohio). 2.-Printing opinion below in case in Court of Appeals, necessary. Bastable v. City of Syracuse (Ct. App., N. Y.).
3. Under new Code allowed; supplemental answer under $574 discretional and not appealable. Spears v. Mayor of New York (Ct. App., N. Y.)...... 4.-Reversal of judgment for lack of evidence. U.S. v. Clark (U. S. Sup)....
5.-Action pending against corporation terminated by dissolution. Sturgis v. Vanderbilt (Ct. App., N. Y.).......
PUBLIC LANDS.--Patent of, passes title free from control of government; patent improperly granted can be canceled only by court; fraud or mistake ground for relief; pre-emption pre-emptor must prove settlement; effect of decision of secretary of interior. Moore v. Robbins (U. S. Sup.)..
PUBLIC POLICY.-Contracts void by, will not be enforced; agreement as to pardon of accomplice tes- tifying. Wight v. Rindskopf (Sup., Wis.)..... RAILROAD.-Railroad company taking possession of land without right liable in trespass; rule of dam- ages. Blesch v. C. & N. W. Ry. Co. (Sup., Wis.)... 2.-Running expenses; injuries done to property in operating mortgaged railroad part of. Smith v. Eastern R. R. Co. (Sup., Mass.)
(Ct. App., N. Y.).... 5.-Fencing line; when fence division one, company and land-owner under same duty to keep. Dayton & M. R. R. Co. v. Miami Co. Inf. (Sup. Com., Ohio) See Constitutional Law, 40, 41.
REAL ESTATE.-Life tenant of lands covering coal mine cannot take coal from mine not opened. West Morelands Coal Co.'s Appeal (Sup., Pa.). 2.-Covenants of grantee limiting use, when enforced. Lottimer v. Livermore (Ct. App., N. Y.)... 3.-Notice of title, open possession operates as. Noyes v. Hall (U. S. Sup.).....
See Adverse Possession; Boundaries; Covenant. RECEIVER.-Action against, foreign not maintaina- ble. Burton v. Barbour (Sup., D. C.).... 2.-Of Federal court; State court can enjoin railroad receiver from obstructing public street and enforce injunction by punishment; powers of receiver lim- ited by charter of company. Safford v. People (C. T.) 179; (Sup., Ill.) (in full).... 3.-Appointed in another State will be recognized as against citizen of court's own State. Bagley v. At- lant., etc., R. R. Co (Sup., Pa.).....
8.-Service of summons, plaintiff may prove; offer of judgment; irregularity. White v. Bogart (Ct. App., N. Y.)....
9.-Authority to sue must be proved. Scofield v. Dos- cher (Ct. App., N. Y.). 10.-Objection to proof of title not founded on defect in complaint when not available. Riddell v. N. Y. C., etc., R. R. Co. (Ct. App., N. Y.).. See Appeal; Arrest and Bail; Bankruptcy, 7, 12, 13; Costs; Receiver; Reference; Removal of Cause; Trial. PRE-EMPTION,-Right to, cannot be obtained by intruder on lands of another. Atherton v. Fowler (U. S. Sup.).... PROMISSORY NOTE.-Conditional note; credits on: payment; agency. Howe Machine Co. v. Simler (Sup., Ind.)..
2.-Fraud in obtaining assessment of damages by referee invalidates; evidence of. Jordan v. Volkenning (Ct. App., N. Y.)......
RELIGIOUS CORPORATION.-May not convey lands held adversely. Christie v. Gage (Ct. App., N. Y.).....
REMOVAL OF CAUSE,-Under act of 1875; cross bill among defendants will not prevent. Tarver v. Ficklin (Sup., Ga.)... 2.-Act of 1875, § 2. Decision of case must be shown to depend on construction of law or Constitution of United States. Little York Co. v. Keyes (U. S. Sup.)....
RESPONDEAT SUPERIOR.-Dangerous work; in contract necessary to be performed by blasting, principal liable. City of Joliet v. Harwood (Sup.,III) 172 2.-Employment of contractor by day does not make employer liable for his negligence. Harrison v. Col- lins (Sup., Pa.) (N. C).... RESTRAINT OF TRADE.-Covenant not to dis- close trade secret not in. Hoag v. Darley (Eng. Ch. D.).... REVENUE LAWS.-Not penal so as to require strict construction. Lilianthal v. United States (U. S. Sup.)..... RIPARIAN RIGHTS.-Navigation of river above tide is not a public right and owner of adjoining land may impede it. Orr Ewing v. Colquhoun (Eng. H. L.)..
SAFE DEPOSIT COMPANIES.-Liability of, for loss; evidence of negligence. Safe D. Co. v. Pollock (Sup., Pa.) (in full).. SALE OF PERSONAL PROPERTY.-What facts will support claims for false representation; cargo to arrive. Schroeder v. Mendl (Eng. Ct. App.) 37 2.-Delivery. Possession of growing crops sold on, without vendee taking manual possession; manual delivery of ponderous articles not required; sale fraudulent if possession retained by vendor. Tich- ner v. McClelland (Sup., III.).. 3.-Vendor's lien on goods; delivery by transfer on warehouse books. Grice v. Richardson (Eng. P. C.). 192 4.-Delivery to carrier of goods ordered to be shipped is delivery but not acceptance; evidence of accept- ance. W. S. Plate Co. v. Green (Ct. App., N. Y.).. 254 5.-Vendor retaining title until payment; execution of lease does not alter contract. Greer v. Church (Ct. App., Ky.) (N. C.).......... 6.-Contract for lease and sale of sewing machine; usage sanctioning such contracts not unreasonable. Ex parte Singer S. M. Co. (Ir. Ct. B'kruptcy,) (N. C.).... 399 7.-Sale of article to arrive, valid. Lawrence v. Gallagher (Ct. App., N. Y.) 8.-Liquor and labels, labels delivered, part delivery. Garfield v. Paris (U. S. Sup.) (in full.)..
STATUTE OF FRAUDS-Continued. 3.-Memorandum required must furnish evidence of a complete and practical agreement; part perform- ance must be shown clearly. Williams v. Morris (U. S. Sup.)....
4.-When parol gift of real estate will be enforced; evidence required to take out of statute. Worth v. Worth (Sup., Ill.) 5.-Promise to indemnify sheriff making levy not within. Heidenheimer v. Johnston (Ct. App., Tex.) 114 6.-Party performing verbal contract void by, entitled to recover on quantum meruit. Towsley v. Moore (Sup. Com., Ohio) 7.-Burden of proof against plaintiff upholding con- tract; void contract of sale not made valid by act not vesting title in vendee. Bacon v. Eccles (Sup., Wis.)....
8.-Parol promise to pay debt of another out of funds to be received is not. Justice v. Tallman (Sup., Pa.)....
9.-Assumption in pursuance of, an act of assembly of a statutory liability of another not within; consider- ation. Pittsburg, F W. & C. Ry. Co v. Stokes (Sup., Pa.).....
10. Sale of land, sale of standing timber is, and void if by parol. Daniels v. Bailey (Sup., Wis). 11.--Sale of personal property. conditional acceptance by agent. Kebble v. Gough (Eng. Ct. App ).. 12.-Agreement to pay attorney out of proceeds of land to be sold not void by. McPherson v. Cox (U. S. Sup.)...
13.--Sale of personal property, memorandum need be signed by party to be charged only. Mason v Decker (Ct. App., N. Y.)...
14.-Sale of goods part delivery; liquor with labels therefor were sold to defendant in New York, he taking the labels; the liquor was sent to Michigan. Held to be for jury to say whether the labels consti- tuted a part of the goods sold. Garfield v. Paris (U. S. Sup.) 373; (in full). 15.-Contract not to be performed within a year must affirmatively appear so to avoid; variance by subse- verbal agreement when binding. Walker v.
Johnson (U. S. Sup.).....
16.-Promise to pay debt of another, representation of commercial agency as to credit is not. Sprague v. Dun (Phila. C. P.) (N. C.)..
SCHOOLS.-When pupil may and may not elect as to his studies. People v. Van Allen (Sup., Ill.) SEDUCTION.--Of daughter, action lies by administra- tor for. Noice v. Brown (Sup., N. J.)...... SERVICE. Upon officers of corporation, binds corpora- tion; service on Virginia municipal corporation. City of Alexandria v. Fairfax (U. S. Sup.). 2.-Of summons on non-resident of Oregon by publication; defects in affidavit do not invalidate collaterally. Pennoyer v. Neff (U. S. Sup.)..
4.-In fraud, runs from discovery of. Penob. R. R. Co. V. Mayo (Sup., Me.).. 5.-Does not run on suit commenced and abated by death. Evans v. Cleveland (Ct. App., N. Y.).... 6.-Under $ 104, old Code, action may be commenced within one year after judgment of reversal by Ct. of Appeals. Wooster v. Forty-Second St. R. R. Co. (Ct. App., N. Y.)....
3. Of process; Federal Supreme Court by rule may fix manner of. Levinson v. Oc. St. Nav. Co. (U. S. Circ.) (in full.). SET-OFF-Saving bank deposit allowable against mort- gage held by insolvent bank. Matter of N. A. S. Bk. v. Tartar (N. Y. Sup.) (N. C.).... 2.-Penalty for usury by national bank cannot be in other actions. Hade v. McVay (Sup., Ohio) (in full.).... 3.-Value of bond left with bank as collateral and stolen, not against note. W. Sav. Bk. v. Jackson (Sup., Me.) 452
SHIPPING.-Canal boat, a vessel within New York State, lien law; lien on boat not imposed by personal judgment, etc.; steamboat navigating western lakes King v. Greenway (Ct. App., N. Y.)....... SLANDER.--Charge of stealing from town is actiona- ble. Hayes v. Ball (Ct. App., N. Y.)... 2.--Mitigating circumstances must be pleaded. Willover v. Hill (Ct. App., N. Y.)...
3.-Laws District Columbia; parties defendant; election in action on joint and several note. (U. S. Sup.)..... 4.-Laws of 1855, chap. 6, regulating excavations in New York and Brooklyn; license to enter and protect adjoin- ing building must be asked for. Dorrity v. Rapp (Ct. App., N. Y.)..
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