Right of contractor for a building to abandon 'it, and compel the owner to complete it, and ac- count for the balance of the contract price.- Bernz v. Marcus Sayre Co. (N. J. Err. & App.) 21.
The practical interpretation put upon the in- strument by the parties thereto will frequently control its interpretation.-Helme v. Strater (N. J. Ch.) 333.
The construction consistent with the language of the contract adopted by the parties will gov- ern.-Varney v. Bradford (Me.) 115.
A count alleging that plaintiff has been great- ly injured by the breach thereof is defective.- Lathrop v. Visitor Printing Co. (R. I.) 964.
Contributory Negligence. See "Carriers"; "Master and Servant"; "Neg- ligence"; "Railroad Companies."
CONVERSION.
See, also, "Trover and Conversion." By pledge, see "Pledge."
Applicability of the principle of conversion to justify the determination of the legality of a devise according to the law of the state where the land is situate, and not according to the law of testator's residence.-Guarantee Trust & Safe-Deposit Co. v. Maxwell (N. J. Ch.) 339. Question whether a testamentary disposition of land effected a conversion thereof, no one be- ing directed to sell, sale being forbidden ex- cept on contingencies, and the shares of cer- tain persons therein being referred to as shares "of the piece of ground."- Irvin v. Patchin (Pa.) 436.
CORPORATIONS.
See, also, "Banks and Banking"; "Carriers"; "Horse and Street Railroads"; "Insurance"; "Municipal Corporations"; "Railroad Compa- nies."
Compelling inspection of books, see "Mandamus." Sufficiency of evidence to show the existence of a corporation on a prosecution for receiving goods stolen from such corporation.-State v. Habib (R. I.) 462.
Where persons incorporate under the general incorporation law by recording a certificate with the clerk of court, no further proof of ac- ceptance of the charter is necessary.-Glymont Improvement & Excursion Co. v. Toller (Md.) 651.
Sufficiency of evidence to show organization of a corporation within the state, though the directors had their first meeting and organized outside the state. Glymont Improvement & Excursion Co. v. Toller (Md.) 651.
A foreign corporation which is given certain rights by the laws of another state will be compelled to produce its books, in the hands of the president, residing in such other state, for inspection by a nonresident stockholder.-State V. Swift (Del. Super.) 781. Officers.
A director acting as the agent for a corpora- tion in a certain transaction is chargeable with knowledge that his associate directors have been acting as agents in the same transaction.- Woodbury Granite Co. v. Mulliken (Vt.) 28.
A statement on a letter head that correspond- ence with the company should be addressed to the treasurer gives him an apparent power to make contracts.-Woodbury Granite Co. v. Mul- liken (Vt.) 28.
Evidence examined and held insufficient to show that the sale to a corporation was made on the personal credit of the directors.--Wood- bury Granite Co. v. Mulliken (Vt.) 28.
Where, after contract to sell property to the officers of a corporation personally, the seller sells to the corporation, and takes its notes in payment, the officers are not personally liable.- Woodbury Granite Co. v. Mulliken (Vt.) 28. Stock.
Evidence examined, and held to show that the stock in a corporation was paid up, and the subscribers were not liable to creditors for the amount_subscribed. - American Tube & Iron Co. v. Hayes (Pa.) 936.
A stockholder who does not take his share of an increase of stock cannot complain that those who took the stock gained an advantage over him, as his right to take stock may be sold.- Jones v. Concord & M. R. R. (N. H.) 614.
Laws 1889, c. 5, § 10, authorizing an increase of the capital stock of the Concord & Montreal Railroad Company, is a valid grant, and repeals Gen. Laws, c. 158, §§ 8, 9, so far as it is in- consistent therewith.-Jones v. Concord & M. R. R. (N. H.) 614.
Right of stockholder to enjoin an issue of stock on the ground that a distribution there- of other than that adopted would be more profit- able to him.-Jones v. Concord & M. R. R. (N. H.) 614.
Right of stockholders' meeting to provide that an increase of stock shall be apportioned among all classes of stockholders who may subscribe at par in proportion to their holdings.-Jones v. Concord & M. R. R. (N. H.) 614.
Sufficiency of notice to stockholders of a meet- ing called to authorize an increase of capital stock.-Jones v. Concord & M. R. R. (N. H.)
Where a corporation is authorized to increase its capital, and the act does not provide the class of stock to which the increase shall belong, the inference is that it is to be common stock. -Jones v. Concord & M. R. R. (N. H.) 614.
Where the legislature authorizes an increase of stock for a certain purpose, the courts will not inquire into the necessity of the increase.- Jones v. Concord & M. R. R. (N. H.) 614.
Affidavit of defense in an action by a corpo- ration on a stock subscription examined, and held insufficient.-Sigua Iron Co. v. Vandervort (Pa.) 491.
Members and stockholders.
Where a joint-stock association owns stock in another association, a stockholder of the former may maintain a bill to enjoin ultra vires. acts of the latter.-Carter v. Producers' & Re- finers' Oil Co. (Pa.) 391.
Right of stockholder in a corporation, which agreed, without dissent by any stockholder, to convey its assets to a new corporation with a slightly different charter, to refuse to take stock.
in the new company in lieu of that in the old, bridges.-Westmoreland County v. Nelson (Pa.) company, he having taken part in the stock- 288. holders' meetings of the new company.-Gly- ment Improvement & Excursion Co. v. Toller (Md.) 651.
Insolvency and receivers.
Suspension of business by a corporation when it is not clearly shown that it is insolvent is not ground for the court to assume jurisdiction.- Cook v. East Trenton Pottery Co. (N. J. Ch.) 534.
Duty of a receiver to pay the state franchise tax until the sale of the franchise. In re George Mather's Sons Co. (N. J. Ch.) 321.
The receiver of an insolvent corporation in possession of its assets is a necessary party to a petition by the state to restrain the transac- tion of business because of nonpayment of the franchise tax. In re George Mather's Sons Co. (N. J. Ch.) 321.
Criminal prosecution.
A corporation may be indicted under the com- mon law. Commonwealth v. Lehigh Valley R. Co. (Pa.) 836.
Setting aside taxation, see "Audita Querela." Where plaintiff discontinues without any rul- ing or any adjudication, the defendant is the prevailing party, and entitled to costs.-Watson v. Delano (Me.) 114.
Right of defendant to costs where plaintiff refused to accept a judgment tendered, and thereafter, by leave of court, defendant paid the amount tendered, with accrued costs.-McLane v. Hoffman (Pa.) 399.
Propriety of action of court in attaching, as a condition to the revocation of the appointment of a guardian appointed without jurisdiction, the payment of the costs in that proceeding and in other proceedings instituted by such guardian. Mintzer v. Green (Pa.) 153.
Counterclaim.
See "Set-Off and Counterclaim."
Control over bridges, see, also, "Bridges." Officers compelling performance of duty, see
The county board, under County Road Act, § 11, cannot decide as to the truth of a statement in a bid, and award the contract to another bid- der, without giving the former bidder an oppor- tunity to be heard.-Connolly v. Board of Cho- sen Freeholders of Hudson County (N. J. Sup.) 548.
Under County Road Act, § 11, contracts must be awarded to the lowest responsible bidder fur- nishing good sureties, unless the board deter- mine to reject all bids.-Connolly v. Board of Chosen Freeholders of Hudson County (N. J. Sup.) 548.
County commissioners can have the work of transcribing the register, and of extending taxes, etc., done by clerks on fixed salaries. Commonwealth v. Mercer (Pa.) 501.
The board of chosen freeholders cannot give a street-car line the exclusive right to lay tracks on a bridge maintained by the board, which is so narrow that no vehicle could cross while the
car was passing.-Elmer v. Board of Chosen Freeholders of Cumberland County (N. J. Sup.) 475.
Act May 8, 1876, authorizing counties to ac- quire bridges, applies to the county of Philadel- phia, though the city and county of Philadelphia are consolidated.-In re City Avenue and Ger- mantown Bridge (Pa.) 388; Appeal of Williams, Id
an order to assign dower upon any other de- The orphans' court has no power to refuse
fense than one which would be available at law. -McCaulley v. McCaulley (Del. Super.) 735.
The courts of the situs of lands are not bound by the decree of a court of another state, affect- ing such lands, in an action in which their ju- risdiction is purely in personam.-Bullock v. Bullock (N. J. Err. & App.) 676.
The courts of the situs of lands cannot be compelled to issue decrees to enforce the pro- cess of courts of another state, or the perform- ance of acts required by the decree of such courts, affecting such lands.-Bullock v. Bullock (N. J. Err. & App.) 676.
Where a case of which the common pleas has original jurisdiction is brought in the circuit court, and sent to the common pleas, to be tried under Act 1892, p. 224, and is tried without objection, the jurisdiction of the trial court can- not be questioned after judgment.-North Hud- son County Ry. Co. v. Flanagan (N. J. Sup.) 476.
Act March 28, 1892, does not confer on courts for the trial of small causes jurisdiction over the violation of an ordinance forbidding the driving of a grocery wagon without a license.- Guerin v. Borough of Asbury Park (N. J. Sup.) 472.
The decision of the majority of the court of quarter sessions is the decision of the court, though the president judge dissents. In re Branch (Pa.) 296; Appeal of Beck, Id.
land, and a grantee of the adjacent lots may en- Building restrictions in a deed run with the join their violation. - Muzzarelli v. Hulshizer (Pa.) 291.
Where a city awards contracts for grading under an act afterwards held unconstitutional, and thereafter, by a curative act, the improve- ments were made valid, and the city authorized to collect the expenses thereof, they constitute an incumbrance, within a covenant in a deed made after the passage of such curative act, warranting against incumbrances.-Lafferty v. Milligan (Pa.) 1030.
In an action for breach of covenant of title, there cannot be recovery as for eviction from all of the land on proof merely that an owner of a half interest therein obtained judgment there- for.-McGrew v. Harmon (Pa.) 265.
The removal of a road supervisor by the commissioners "for cause," without specifying In an action for breach of covenant, a recital the cause, and without any formal accusa- in a deed to a common grantor that the maker tion or notice to him, is illegal and void.-Miles was seised in fee sustains a finding of title out v. Stevenson (Md.) 646. of the state.-McGrew v. Harmon (Pa.) 268. Bridges.
Act April 4, 1870, requiring commissioners of certain counties to let contracts for bridges to the lowest bidder, does not apply to joint county See "Husband and Wife."
Credibility.
Of witness, see "Witness."
A bill to subject certain property to a judg- ment recovered against one as executrix must allege that the property belonged to decedent's estate. Ferguson v. Yard (Pa.) 517.
Equity has no jurisdiction to apply the real estate of a deceased debtor to the payment of his debts until a deficiency is shown in his per- sonal estate.-Macgill v. Hyatt (Md.) 710.
On appeal by the state, under statutory au- thority, from an acquittal, a new trial may be granted for error in the exclusion of evidence. -State v. Lee (Conn.) 1110.
Error in excluding questions on the cross-ex- amination of prosecutrix on a trial for rape held not be cured by the subsequent offer of the See, also, "Homicide"; "Indictment and In- state to permit such questions.-State v. Hol- lenbeck (Vt.) 696. formation"; "Larceny"; "Witness." Particular crimes, see "Assault and Battery"; "Burglary": "Fornication": "Homicide": "In toxicating Liquors"; "Larceny"; "Lascivious Cohabitation"; "Robbery"; "Seduction." Power of clerk, see "Clerk of Court." Prosecution of corporation, see "Corporations." A prisoner, who consented to be tried without indictment or jury "in the manner provided by Act March 17, 1868," will be discharged on ha- beas corpus, if there were present only two judges instead of three, as required by the act. -Kampf v. State (N. J. Ch.) 318.
Four pages of printed matter, consisting chiefly of argumentative comments charge, is not a sufficiently direct statement of the special errors complained of.-State v. Lee (Conn.) 1110.
A finding of fact by the trial judge for the purpose of appeal sufficiently shows that the appeal was permitted by him, as required by Gen. St. § 1637.-State v. Lee (Conn.) 1110.
A plea in abatement which alleged merely that two of the grand jurors who returned the indictment had not, within a year, paid any taxes on their property, is bad.-State v. Rife See "Dower." (R. I.) 467; Same v. Avant, Id.
Where goods were stolen in one county, and shipped, by arrangement, to defendant in an-
other, defendant may be tried for receiving Of children, see "Parent and Child." stolen goods in the county in which they were stolen.-State v. Habib (Ř. I.) 462.
The order of proof, and the frequency with which an answered question may be repeated, are within the discretion of the court.-Bodee v. State (N. J. Err. & App.) 681.
A judgment by default may be rendered, un- der the common law, on an indictment against a corporation for misdemeanor for want of ap- pearance. Commonwealth v. Lehigh Valley R. Co. (Pa.) 836.
The fact that the information on which an in- dictment was founded did not contain as full a statement of the offense as the indictment is no ground for quashing the latter.-Commonwealth v. Carson (Pa.) 985.
Admissibility of confession of one accused of receiving stolen goods, induced by a remark of a person who stole the goods to the effect that "they might as well tell the truth."-State v. Habib (R. I.) 462. Instructions.
CUSTOM AND USAGE.
Division of partition fence, see "Fences."
A guarantor of freight bills which may be- come due from defendant shipper is not relieved from liability because the company fails to col- lect its freight weekly, according to custom.- Philadelphia & R. R. Co. v. Snowdon (Pa.)
The establishment of a special custom is pre- cluded by a conflict in the testimony of credible witnesses in reference thereto. -Stimmel v. Brown (Del. Super.) 996.
An instruction does not invade the province of Propriety of instructions as to exemplary dam- the jury because it presents to them such perti- ages in an action against a railroad for an as- nent questions, subordinate to the main ques-sault by its conductor.-Baltimore & O. R. Co. tion, as properly arise from the evidence, and v. Barger (Md.) 560. which the jury should consider and decide, and does it in a way somewhat suggestive of the manner in which the court itself would be like- ly to consider and decide them.-State v. Rome (Conn.) 57.
It is proper to charge that there is no prac- tical difference between circumstantial and di-
The measure of damages for the wrongful seizure and a sale of crops is their reasonable value at the time of the sale; not what they brought at the sale.-Whitney v. Adams (Vt.) 32.
Construction of contract by a physician not to practice in a certain place for 10 years, as to
whether the sum to be paid by him in case of breach of contract was a penalty or liquidated damages. Wilkinson v. Colley (Pa.) 286.
Defendant cannot show damages by a letter from plaintiff containing an offer of compromise. -Fowles v. Allen (Conn.) 144.
DEATH BY WRONGFUL ACT. See, also, "Conflict of Laws."
Case in which a verdict of $8,000 for the death of an unskilled workman was regarded as exces- sive.-Welch v. Maine Cent. R. Co. (Me.) 116.
No action lies for the death of one killed through defendants' negligence in omitting to shore up the roof of their mine.-Myette v. Gross (R. I.),602.
In an action for injuries causing death, evi- dence as to money received on an insurance policy of the deceased is inadmissible for the purpose of reducing damages.-Coulter v. Town- ship of Pine (Pa.) 490.
Where lots are sold according to a plat, it does not amount to a dedication to public use, where there was no acceptance on the part of the public, or actual enjoyment thereof.-New York & L. B. R. Co. v. Borough of South Am- boy (N. J. Sup.) 628.
Where one who opens an alley declares his intent to dedicate it, and applies to the city to keep it in order, which it does, it constitutes a dedication.-Dubois Cemetery Co. v. Griffin (Pa.) 840.
See, also, "Acknowledgment"; "Boundaries" "Covenants"; "Fraudulent Conveyances" "Mortgages"; "Vendor and Purchaser." Alteration, see "Alteration of Instruments." Leases, see "Landlord and Tenant." Tax deeds, see "Taxation."
Where the deed is to land bounding on a cer- tain road, the grantee takes the fee to the center, it being in the grantor when the deed was made.-Foreman v. Presbyterian Ass'n of Baltimore (Md.) 1114.
A description in a deed examined, and held to include the fee in the road on which the land bounded. Foreman v. Presbyterian Ass'n of
See "Executors and Administrators"; "Wills." Baltimore (Md.) 1114.
See, also, "Fraud"; "Fraudulent Conveyances." Measure of damages in an action for deceit in representing certain stock sold to plaintiff to be at par, plaintiff paying only one-half the par value.-Weaver v. Shriver (Md.) 189.
An action of deceit for fraud in the sale of land to plaintiff by defendant's agent cannot be maintained where defendant neither partici- pated in nor knew of such fraud.-Freyer v. McCord (Pa.) 1024.
Liability of one who fraudulently, but in good faith, represented to another that a forged signature was genuine.-Lamberton v. Dunham (Pa.) 716.
In an action for false representations in the sale of shares of stock, proof of the substance and legal effect of the language is sufficient in establishing the deceit. - Weaver v. Shriver (Md.) 189.
A purchaser of corporate stock, who was em ployed by the corporation, and had ample op- portunity to ascertain the value of the stock, will be deemed to have had notice of its true value. Weaver v. Shriver (Md.) 189.
Construction and effect.
Question whether a deed reserving a life es- tate in the grantor was a will.-Knowlson v. Fleming (Pa.) 519.
A deed to the trustees of a church for the thereon gives the grantor no right to object to use of the congregation organized to build a sale of the lot to pay off a mortgage on a lot thereafter acquired for a church building.-In re United Presbyterian Church of Fleming Sta- tion (Pa.) 1012; Appeal of Teuteberg, Id.
of land are repugnant the first should prevail.- There is no rule that if clauses in a description Rathbun v. Geer (Conn.) 60.
Effect of reservation in deed of a right of way.-Moffitt v. Lytle (Pa.) 922.
Effect of reservation in deed of the timber on
the land, the grantor having merely the legal title.-Irvin v. Patchin (Pa.) 436.
An habendum clause which is repugnant to the estate vested by the deed is void.-Foreman v. Presbyterian Ass'n of Baltimore (Md.) 1114.
Construction of a trust deed, providing that the income of the property be paid to the gran- tor's wife, and that, on her death, it should be conveyed to her children and heirs, as not being within the rule in Shelley's Case.-Cowell v. Hicks (N. J. Ch.) 1091.
Construction of reservation in deed conveying a private alley of the right to "build over" such alley as the same was then done.-Meigs v. Lewis (Pa.) 505.
Right of one, who purchases stock through misrepresentations of vendor, to recover the value of collateral security given by him for de- ferred payments.-Weaver v. Shriver (Md.) 189. Where a purchaser of stock, after discovering fraud in the sale, treats a contract as still in force, though he cannot rescind the sale, he may sue for deceit.-Weaver v. Shriver (Md.) 189. Plaintiff's right of action for false representa- See "Office and Officer." tions in making a sale to him of shares of stock is not affected by his failure to pay the full con- sideration provided in the contract of sale.- Weaver v. Shriver (Md.) 189.
Declarations and Admissions.
Defective Appliances.
See "Master and Servant."
See "Municipal Corporations."
DESCENT AND DISTRIBUTION. See, also, "Adoption"; "Dower"; "Executors and Administrators"; "Wills."
Act April 27, 1855, enables illegitimate chil- dren in foreign countries to inherit from their mother.-In re Waesch's Estate (Pa.) 1124.
Declarations of deceased parents are admis- sible to prove the legitimacy of their children.- Jackson v. Jackson (Md.) 752.
Where a husband, without having procured a divorce, marries again, it does not affect his deserted wife's claim to his estate. In re Grieve's Estate (Pa.) 727; Appeal of Martin, Id. A conveyance by a mother to her son is not an advancement, though she originally paid for the property, where the son had turned over his earnings to the mother for 17 years after be- coming of age, and had improved the property. -Beakhust v. Crumby (R. I.) 453.
In deed, see "Chattel Mortgages"; "Deed."
As ground for divorce, see "Divorce."
See "Release and Discharge."
Of executors and administrators, see "Executors and Administrators."
Of insolvent, see "Insolvency."
Of servant, see "Master and Servant."
tiff money, and repeatedly requested her to live. with him.-Davis v. Davis (N. J. Ch.) 20.
Where the evidence as to desertion is con- flicting, the question may be submitted to the jury.-Beck v. Beck (Pa.) 236.
Propriety of setting aside a decree of divorce on the ground of failure to serve process on de- fendant, though there was a return of service by the officer.-Locke v. Locke (R. I.) 422. Documents.
As evidence, see "Evidence."
Damages for bite, see "Damages. Liability of owner, see "Animals."
Effect on right of widow to elect to take dow- er in lieu of devise, of an agreement between husband and wife, made during coverture, set- tling the wife's estate on her.-McCaulley v. McCaulley (Del. Super.) 735.
his widow and children, so as to show an in- Where testator divides his property between tention that they shall share equally therein, there is a presumption that the widow's por- tion is given her in lieu of her dower.-Helme v. Strater (N. J. Ch.) 333.
Act March 27, 1878, relative to inchoate dower, does not apply when the marriage oc- curred, and the land vested in the husband, before the passage of the act.-In re Alexander (N. J. Ch.) 817.
On sale of land, in which a widow has a dow- er, by her consent, she is entitled to a sum not exceeding one-seventh, and not less than one- tenth of the net proceeds.-Stein v. Stein (Md.) 703.
On sale of land, in which a widow has dower, without her consent, it is subject to her dower. -Stein v. Stein (Md.) 703.
Case in which court will make election for widow as between dower and devise in lieu thereof, she having died before she had oppor- tunity to do so.-Spruance v. Darlington (Del. Ch.) 663.
Of condemnation proceedings, see "Eminent Do- tator's intention that land devised to his widow
A creditor of a decedent may go into equity for the discovery of assets in the hands of the executors.-Dodson v. Sevars (N. J. Ch.) 477.
On proceedings for discovery in aid of ex- ecution, an ex parte affidavit by petitioner's at- torney as to certain personal property delivered to the debtor does not authorize the appoint- ment of a receiver.-Adler v. Turnbull (N. J. Sup.) 319.
Where, on petition for discovery in aid of ex- ecution, the examination by the commissioner discloses no property of the debtor which is not exempt, a receiver cannot be appointed.-Adler v. Turnbull (N. J. Sup.) 319.
Sufficiency of evidence to establish adultery on the part of defendant in a suit for divorce.- O'Brien v. O'Brien (N. J. Ch.) 875.
· Construction of will as to whether it was tes- should be taken in lieu of her dower.-Helme v. Strater (N. J. Ch.) 333.
Right of the owner of an estate subject to a right of way to plow the land on which the right of way is located.-Moffitt v. Lytle (Pa.) 922.
Land sold held to be burdened with an ease- ment in the hands of the purchaser, so as to allow a simultaneous purchaser of an adjacent dwelling to use a water pipe on the land for bringing water to the dwelling.-Larsen v. Pe- terson (N. J. Ch.) 1094.
A water pipe leading from a well to a dwell- ing held to form an easement which passed by the conveyance of the dwelling, the owner re- taining the yard.-Larsen v. Peterson (N. J. Ch.) 1094.
EJECTMENT.
See, also, "Adverse Possession."
An equitable title will not support ejectment.
A divorce for desertion will not be granted-Windsor v. Bacon (Del. Super.) 638. where the parties have met in friendly relations within two years of the filing of the petition, and defendant within that time has given plain-
In ejectment by grantors in an oil lease against a squatter, where plaintiffs establish a prima facie case, defendant cannot show want
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