TRUST-Continued. of B., and that A., therefore, could not recover it from the bank. - Pittsburg National Bank of Commerce v. McMurray, Sup. Ct. Ohio, W. N. C., December 22, 1881. See PRACTICE. TRUSTEES.-See CORPORATIONS. USURY.- National banks-Jurisdiction of State court - What debtor may recover- · Objection after verdict to declaration. - State courts have jurisdiction under the provisions of the act of Congress of February 18, 1875, in an action by a borrower against a national bank to recover the penalty imposed by the Revised Statutes of the United States, sect. 5197, upon such banks for taking usurious interest. Where a national bank takes usurious interest, the debtor is entitled, immediately on payment of the same, to bring suit for the recovery of the penalty provided by the Revised Statutes of the United States, sect. 5198, even though the indebtedness on which the usurious interest was charged may not have been paid at the time of suit brought; and plaintiff is entitled to recover back twice the total amount of interest paid. Said action being a penal action, defendant cannot set off therein a judgment held by him against plaintiff. Where a declaration clearly sets forth the cause of action and the matters claimed, objections for defects in form made after verdict will not avail. — Lebanon National Bank v. Karmany, Sup. Ct. Ohio, W. N. C., December 22, 1881.; Commissions on loans - Act of agent ratified by principal. — Where a person employs another to loan money for him, and places funds in his hands for that purpose, the relation of principal and agent arises; and if the agent exacts from the borrower a bonus for procuring the loan, with the knowledge or subsequent ratification of the principal, it is usurious, and the latter is affected by the act of his agent. - Payne v. Newcomb, Sup. Ct. Ill., Ch. Leg. N., December 10, 1881. Practice Trespass to try title.-In an action of trespass to try title it is competent for the defendant, under his plea of not guilty, to show that the trust sale, under which plaintiff claimed, was invalid by reason of usurious interest stipulated for. Watson v. Aiken, Sup. Ct. Texas, Texas L. J., January 11, 1882. See CONTRACTS. VENDOR-VENDEE.- Memorandum-book - Written contract — Sale by sample — Parol evidence.-An entry by a vendor, in his memorandum-book and with his signature, of the fact and terms of a sale, does not bind him as a written contract, unless signed by or for the vendee. Where the vendee's agent, known by the vendor to be acting as such, also signs such memorandum, both parties are bound by it as a written contract. A written contract of sale, which does not show that it was made by sample, cannot be explained or modified by proof that it was so made. Wiener v. Whipple, Sup. Ct. Wis., N. W. Řep., November 26, 1881; Wis. Leg. N., November 24, 1881. - Lien reserved in deed for purchase-money - Negotiable note given for same- Purchase by one without notice of note.- A vendor of real estate reserved in the deed a lien for the purchase-money, to be paid in five years, and a negotiable note was made by the vendee for the amount, also payable in five years, but the note was not referred to in the deed. Shortly afterwards the vendor transferred the note to a bank in discharge of an antecedent debt. After the note had been so transferred, the same vendor contracted to sell the same property to a third party, who paid the purchase money and thereupon took from the first vendee a conveyance of the property. The second vendee was wholly ignorant of the existence of the outstanding negotiable note and of any claim on the part of the bank to the purchase-money. Held, that the second vendee took the property unaffected by any lien in favor of the holder of the note. - National Valley Bank of Staunton v. Harman, Sup. Ct. App. Va., Va. L. J., November, 1881. -- BI-MONTHLY LIST OF VALUABLE ARTICLES IN THE LAW PERIODICALS. AGREEMENTS TO FARM ON SHARES. -Alb. L. J., December 24, 1881. A NATIONAL CODIFICATION OF THE LAW OF EVIDENCE: ITS ADVANTAGES AND PRACTICABILITY. — Am. L. Rev., January, 1882. BURDEN OF PROOF. - Ky. L. J., December, 1881. BURDEN OF PROOF OF CONTRIBUTORY NEGLIGENCE IN ACTIONS FOR PERSONAL INJURY.-West. Jur., December, 1881. CONVERTIBLE PROPERTY.-Am. L. Reg., December, 1881. EQUITABLE CONVERSION AND RECONVERSION. - Va. L. J., December, 1881. "FIDUCIARY CHARACTER" IN THE BANKRUPT ACT. — Alb. L. J., November 26, 1881. HISTORY OF LAW AS A BRANCH OF POLITICS.-Am. L. Rec., December, 1881. "IDEM SONANS."— Alb. L. J., December 3, 1881. IS A SUBLEASE FOR THE RESIDUE OF A LESSEE'S TERM IN EFFECT AN ASSIGNMENT?-Am. L. Rev., January, 1882. MARITIME LAW-WHAT IS IT?-Alb. L. J., December 24, 1881. POLITICAL ECONOMY AND CRIMINAL LAW. — Crim. L. Mag., January, 1882. POWERS OF BANK CASHIERS. -West. Jur., November, 1881. Cent. L. J., November 25, 1881, and December 2, THE TEST OF CITIZENSHIP OF A CORPORATION WITHIN THE JUDICIARY ARTICLE OF THE CONSTITUTION OF THE UNITED STATES AND JUDICIARY ACTS.-Cent. L. J., December 23, 1881. VESTED CORPORATE RIGHTS.-Ky. L. J., December, 1881. WAIVER AND ESTOPPEL, AS APPLIED IN THE CONSTRUCTION OF FIRE INSURANCE POLICIES. Am. L. Rev., December, 1881. WHO ARE PARTNERS?-Am. L. Rev., December, 1881. WILL OR NO WILL.-Irish L. T., December 31, 1881. INDEX. VOLUME VII.-NEW SERIES. AMERICAN LAW SCHOOLS, PAST AND Future ACCUSED PERSONS AS WITNESSES IN THEIR OWN BEHALF AUTHORITY IN THE UNITED STATES COURTS OF STATE CONSTRUC TIONS OF THE LAW OF MUNICIPAL BONDS 400 683 215 714 Benjamin's Chalmers' Digest American Decisions, Vols. XV.-XX., 902. Bills of Exchange, Notes, and Checks, 576. roughs on Public Securities, 906. Cases Argued and Determined in the Circuit Courts of the United States for the Fifth Judicial Circuit, 294. Commentaries on the Law of Municipal Corporations, 288. Doctrine of Equity, 733. Federal Procedure, 296. Freeman on Judgments, 574. Great Speeches by Great Lawyers, 296. Illinois Appellate Reports, Vol. VII., 136. Index-Digest of the Michigan Reports, 732. Index of the Minnesota Reports, 727. Kansas Supreme Court Reports, Vol. XXIII., 137. Law Relating to Stocks, Bonds, and other Securities in the United States, 289. Law of Usages and Customs, 733. Liability of Directors and other Officers and Agents of Corporations, 287. Manual of Medical Jurisprudence, 132. Michigan Reports, Vol. XXXIX., 137. Missouri Appeal Reports, Vol. IX., 908. Missouri Supreme Court Reports, Vol. LXXII., 903. Nevada Reports; Kansas Reports, 728. Nevada Supreme Court Reports, Vol. XIV., 137. North-Western Reporter, Vol. I. (N. S.), 137. Oddities of the Law, 731. Penal Code of California, 732. Pollock's Principles of Contract, 284. Principles of the Law of Torts, 575. Questions on Kent's Commentaries, 290. Removal of Causes from State to Federal Courts, 294. Reports of the Decisions of the Appellate Courts of the State of Illinois, 577. Rhetoric as an Art of Persuasion, 295. Spaulding's Practice and Proceedings, 904. Treatise on the Law of Partnership, 721. Treatise on the Law of Landlord and Tenant, 462. Treatise on Wills, 460. Treatise on the Law of Mortgages of Personal Property, 295. United States Mining Laws, 291. United States Supreme Court Reports, 292. United States Mineral Lands, 296. Utah Reports, 461. BREACH OF PROMISE CARRIER, CONSIGNEE'S RIGHT OF ACTION AGAINST 57 255 COURT OF CLAIMS OF THE UNITED STATES, HISTORY, JURISDICTION, AND PRACTICE 781 DEFENCE, INSANITY AS A DIES NON JURIDICUS DIGEST OF RECENT CASES EXEMPLARY DAMAGES DEBTS OF DECEASED PERSONS, Liability of Real Estate for 144, 299, 467, 582, 743, 914 HISTORY, JURISDICTION, AND PRACTICE OF THE Court of CLAIMS LAND SUBJECT TO Lien, RIGHTS OF PARTIES WHO ACQUIRE AN IN- LAW SCHOOLS, AMERICAN, PAST AND PRESENT 204, 356, 500, 618, 780, 954 MARRIED WOMEN'S STATUTES - WIFE'S REAL ESTATE MORTGAGES OF MERCHANDise, Fraudulent. MUNICIPAL BONDS, AUTHORITY IN UNITED STATES COURTS OF POWER OF THE STATE AND NATIONAL GOVERNMENTS TO REGULATE POWER OF USAGE AND CUSTOM TO CONTROL OR ALTER RULES of 458 377 I RAILROADS, POWER OF STATE AND NATIONAL GOVERNMENTS TO 377 RELIEF FOR THE FEDERAL COURTS. 884 RIGHT OF A RECEIVER TO SUE IN A FOREIGN COURT RIGHTS OF PARTIES WHO ACQUIRE AN INTEREST IN LAND SUBJECT 357 SUGGESTIONS ON THE PROPOSED ENACTMENT OF A BANKRUPT LAW USAGE AND CUSTOM TO CONTROL OR ALTEr Rules of Law, Power MARRIED WOMEN'S STATUTES WITNESSES IN THEIR OWN BEHALF, ACCUSED PERSONS AS I 68 683 |