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ciation, the failure of the directors to consent to e cbange, and to record it as required by the bless Lecause no meeting occurred between the notice at the member's death, cannot defeat the benedelarmy rights.-SANBORN V. BLACK, N. A., 35 Atl. Rep. &c.
14. CARRIERS-Injuries to Passenger on Street (eTbe concurrent facts of the happening of an accided ko a passenger on a street car and the exercise by passenger of ordinary care do not raise a presenten of negligence against the carrier, so as to ebih te burden of proof on it to show that it was not guilty negligence, where plaintiff's evidence shows $282 iccident was due to a wagon driven so close to a
pen car as to strike plaintiff's foot. - CHICAGO CITI 11. CO. V. ROOD, III., 45 N. E. Rep. 238.
15. COMPROMISE. – The compromise of a docht! laim is a sufficient consideration to support & PID: ory note fairly given in settlement of the controvers ompromised. - - JOHNSON V. REDWINE, Ga., BSI Pep. 924.
16. COMPROMISE - Consideration. - Vatual cobetto lons for the prevention of litigation are a Falicet deration for a compromise settlement between wire and the legatees of a decedent. - UCHU, INGELET, III., 45 N. E. Rep. 281. 17. CONSTITUTIONAL LAW-Election and Voters.-IH t of April 17, 1896 (92 Ohio Laws, p. 18), which is
bits the name of any candidate for office from all laced upon the official ballot more than once, 1:1 slid law.-STATE V. BODE, Ohio, 6 N. E. Rep. . 19. CONSTITUTIONAL LAW - Taxation - Situs of a
ad Rolling Stock. It is no objection to the impo n of a State tax opon railroad rolling stoes ne. artly witbin the State that the same is engaged 8). bicle of interstate commerce, or that its legal su i
another State or territory, where taxes on it bat? en paid.- REINHART v. MCDONALD, V. S.C.C., S. .(Cal.), 76 Fed. Rep. 403. 1.9. CONTEMPT OF COURT-Power to Punish.-The get al assembly is without authority to abridge te
wer of a court created by the constitution to PTOS uteinpts summarily, such power being inherent, as
takes to do business in Pennsylvanla without comply. the sources from which they should arrive at the ing with the requirement of the second section of act truth, the judge may appropriately refer both to the April 22, 1874, that a statement showing the title and sworo evidence and the statement of the accused, yet, object of the corporation, the location of its officers, where the statement suggests no theory favorable to and names of its agents, etc., shall be filed in the office the accused which is in conflict with or explanatory of the secretary of the commonwealth, is invalid.- of the evidence, an instruction that, in determining the MCCANNA & FRASER CO. V. CITIZENS' TRUST & SURETY guilt or innocence of the accused, the jury are to look CO. OF PHILADELPHIA, U. S. C. C. of App., Third Cir. to the evidence submitted to them, is manifestly not cuit, 76 Fe). Rep. 420.
cause for a new trial.-BURNEY V, STATE, Ga., 25 S. E. B. CORPORATION--Foreign Stock Corporations-Cer.
Rep. 911. tificate.-The act of May 19, 1894 (91 Ohio Laws, pp. 355,
38. CRIMINAL LAW-Larceny-Stealing of Note.-Un. 336), which provides "chat no foreign stock corpora.
der the provision of Code 1892, $ 1176, that "if any pertion, other than a banking and insurance corporation, shall steal any note, the money due thereon shall be sball do business in this state without first having deemed the value of the article stolen, without proof procured from the secretary of State a certiticate that thereof," a defendant shown to have stolen notes can. It has complied with all the requirements of law to not be permitted to show the insolvency of the mak. authorize it to do business in the State," etc., and that
ers and their refusal to pay the potes as a defense, or Do such “corporation doing business in this state with. to reduce the value of the property stolen.-McDow. out such certificate shall maintain any action in this ELL V. STATE, Miss., 20 South. Rep. 864. State upon any contract made by it in this State until
34. DAMAGES-Breach of Contract. In an action for it shell bave procured such certificate," etc., does not apply to a foreign corporation whose business within
corn delivered by the plaintiff to defendants, it ap. the State consists merely of selling through traveling
peared that plaintiff left it with defendants under an agents, and delivering goods manufactured outside of
agreement that whenever he desired to sell he should the State.- TOLEDO COMMERCIAL CO. V. GLEN MANUFG.
receive five cents less than the price in the Chicago Co., Ohio, 45 N. E. Rep. 197.
market at that date; that when plaintiff determined
to sell, the market reports for that particular day were 2. CORPORATIONS - Insolvency-Fraudulent Convey. not received by defendants; that plaintiff referred to a ances.- A corporation is not insolvent, so as to render morning paper, giving the quotations for the closing å mortgage of its property fraudulent, so long as it
market of the evening before, and that the prices bas property op hand, which, if converted into money
given by such paper were reliable authority: Held, at market prices, would be sufficient to meet liabilities.
that it was not error to permit the jury to use such -SILVER VALLEY MIN. CO, V. NORTH CAROLINA SMELT
price as a basis in the computation of plaintiff's dam. ING CO., N. Car., 25 $. E. Rep. 954.
ages.-NASH V. CLASSON, III., 45 N, E. Rep. 277. 27. CORPORATIONS-Officers.-One who seeks to hold
35. DEEDS-Execution.-A deed purported to have a corporation liable on its general manager's guaranty
been signed by 20 grantors, the last signature being of a third person's note must show special authority
that of ICH. The siguatures of two witnesses, one on the part of such officer to make the guaranty.
of whom was the notary taking the acknowledgment DOBSON 7. MOORE, III., 45 N. E. Rep. 243.
of ICH, appeared, the one beneath the other, in. 28. CORPORATIONS - Receivers' Certificates-Priority
closed in brackets, and between them and the signaol Liens.-In the case of an insolvent private corpora
ture of HCI were the words “Attest as to," so as to tion the court will not order receivers' certificates to
read, together with the signature, “Attest as to HCH." be issued for the purpose of raising money to pay in.
There were acknowledgments by other grantors before terest on the bonds of the company, thus displacing
notaries in other States, but there were no other subexisting liens.--Newson V. EAGLE & PHOENIX MANUF'G
scribing witnesses: Held, that the restricted charac. Co., U. 8. O. C., N. D. (Ga.), 76 Fed. Rep. 418.
ter of the attestation was conclusive, and excluded 29. CRIMINAL EVIDENCE-Homicide-Res Gestæ.-De
any presumption that the deed was duly witnessed as ceased was shot and mortally wounded by a police of
to all the graptors, as required by Rev. St. $ 2216, and
Wis., 69 ficer while attempting to escape from arrest.
entitled to be recorded.-HARA88 V. EDWARDS,
After being wounded, and while still lying in the street, the
N. W. Rep. 69. deceased, in the presence of the defendant, said: “I
36. DOWER-Lease. A widow cappot lease her dower am dying. I did no wrong:" Held, that the declara.
interest before it has been assigned to bor.--UNION tion was admissible as part of the res gesta.-MORAN V.
BREWING CO. V. MEIR, III., 45 N. E. Rep. 264. 3). CRIMINAL LAW-Contessions. Whether or not ad.
37, DRAINAGE – Discretionary Power. The commig. tnissions made by a person accused of crime relate to
sioners of a drainage district, being vested by the stat. Independent facts, proof of which would be admissible
ute with a discretion as to the location and manner of As circumstances tending to establish the hypothesis
construction of drains, are not bound by the plans of guilt, or of themselves amount to an indirect con.
and estimates of the engineer, and a change in such fession of guilt, is & question of fact for the jury; and
plans does not vitiate an assessment, as their discre. the court, having in effect so instructed them, did not,
tion cannot be controlled by the courts.-S1880N V. In eltber view of the matter, err in submitting for their
DRAINAGE COMR'S OF DIST. No. 1, 111., 45 N. E. Rep. 215. consideration the weight of such admissions.-BRYANT
39. ELECTION-Removal of County Seat.-The county
being an indispensable party to a bill to contest an 31. CRIMINAL LAW – Examining Magistrate.
election for removal of the county seat, the bill will be
The powers and jurisdiction of the officials designated by
dismissed on failure to make the county a party within
the time within which contests of elections are re. Pen.Code, $$ 807, 808, as magistrates, while acting as such, are not derived from the statutes relating to
quired to be tiled.-VILLAGE OF METAMORA V. VILLAGE their several offices, but from such sections and from
OF EUREKA, III., 45 N. E. Rep. 209.
39. EQUITY-Legal Relief.-Complainant filed a bill able offenses by information after examination and
for specific performance of covenants in a leage where. comunitment by a magistrate; and a police judge in a
by, it was alleged, respondents became bound to re. City, being er oficio a magistrate, possesses jurisdiction
store part of the leased land, which was washed away
In lieu of specific to conduct such examinations, without regard to
by a flood in the Mississippi river. whether or not it is, in terms, conferred by the statute
performance the bill prayed for damages for breach of creating big office.-PEOPLE V. CRESPI, Cal., 46 Pac.
the covenant, and also for a decree for installments of rent due: Held that, though specific performance was
refused, there was such a showing of equitable cogni. 32. CRIMINAL LAW-Instructions-Reasonable Doubt.
zance that the cause should be retained for the pur-bile, in charging a jury trying a criminal case as to pose of affording other relief, even purely legal in
PEOPLE, III., 45 N. E. Rep. 230.
cessary to the exercise of judicial functions; 12. ctions 6906, 6907, Rev. St., will not be so construed
impute to the general assembly an intentiga e Fidge such power.--AALE V. STATE, Ohio, 63. ! p. 139. 1. CONTRACT-Public Policy, - A contract betwetta ard of trade and a person who represents bingella fing control over certain industries which be! put to establish in another town, whereby sach fa
agrees to withdraw from that deal, and use of ence to have those industries establisbed in it in represented by said board, is not against pot.
cy.-LORD V. BOARD OF TRADE OF Wichita, I., H E. Rep. 205.
CONTRACT- Rescission-False Representation presentations that a saloon is first-class in everft. et, and well fitted up, and that the businesi ! d a profit of $4,000 in (wo years, though false, Fil entitle the purchaser to rescind the sale for 1:30 DONNELL & DUER BAVARIAN BREWING CO. 5,11
Ill., 45 N. E. Rep. 283.
CONTRACT8-Rescission-Fraudulent Represells 9.-A party cannot avoid a contract for false rc** ations made by the other party, which his vai prysbows be did not rely upon, nor act upon,
V. STATE, Ga., 25 S. E Rep. 927.
Jing the contract.-DAPYT. Qoxvir, III., 45.8, .
CONVERSION-Ownership of Crope.-Theoriet
estate is presumed, prima facie, to own its product
pding annual crops. Such presumptiou, oorere,
t conclusive and may be rebotted bs eridentFAD V. NORTHWESTERN ELEVATOR CO., Dal.,
CORPORATIONS - Foreigo Corporations119.- A gurety bond taken 89 security for the of an agent of a foreign corporation which IDCH
character, if justified by the proofs.-WAITE V. O'NEIL, U. 8. C. C. of App., Sixth Circuit, 76 Fed. Rep. 408.
40. ESTOPPEL IN PAIS. One who contracted with a waterworks company, through persons interested in it, and professing to represent it, and by virtue of such contract and a lease to him by such persons got posses. sion of the waterworks property, and held it until the lease expired, was estopped from denying that the waterworks company was properly incorporated and officered, and that it was the owner of the property leased.-FAYETTEVILLE WATERWORK Co v. TILLING HAST, N. Car., 25 S. E. Rep. 960.
41. EVIDENCE--Expert Testimony.-In an action by one employed to take care of defendant's daughter while sick, to recover damages on the ground that the daughter was ill of typhoid fever, that defendant con. cealed such fact, and that plaintiff contracted such disease, it was not error to permit medical experts Called by plaintiff to answer hypothetical questions purporting to state the facts testified to by plaintiff, and inquiring on such facts and on all of plaintiff's testimony when and where, in their opinion, plaintiff contracted the disease, where all of such experts, ex. cept two or three, testitied that they had heard all of plaintiff's testimony, and the others stated that they had heard all but a portion of the re-cross-examination, wbich appeared to develop nothing of import. ance.-KLIEGEL V. AITKEN, Wis., 69 N. W. Rep. 67.
42. EVIDENCE-Proof of Handwriting.-Under Hill's Ann, Laws, $ 765, providing that evidence as to handwriting may be given by a comparison by a skilled witness, or by the jury, with writings admitted or treated as genuine by the party against whom the evi. dence is offered, it is competent for a party to intro. duce lettere admitted to be in the bandwriting of the adverse party, but not bearing on the controversy in issue, for the purpose of showing, by a comparison of handwriting, that a material letter was written by such adverse party.--MUNKERS V. FARMERS' & MERCHANTS'INS. Co., Oreg., 46 Pac. Rep. 850.
43. EVIDENCE-Statements by Third Persons.-In an action by an attorney to recover fees, conversations between defendant and an other attorney, who was as. sociated with plaintiff in the case in which the services were rendered, are inadmissible against plaintiff, such convergations having taken place in the absence of and without the knowledge of plaintiff.-CHAPMAN V. NEARY, Cal., 46 Pac, Rep. 567.
44. FEDERAL COURT8--Citizenship.- Allegations that defendant has left the United States, and become per. manently domiciled in the Dominion of Canada, and now resides there, and intends to become a natural. ized citizen of that couptry, does not show his alienage for the purpose of conferring jurisdiction on the federal court.-B18bop . AVERILL, U. S. C. C., E. D. (Wash.), 76 Fed. Rep. 386.
45. FEDERAL COURTS State Taxation of National Bank Stock.-A federal court has jurisdiction of a guit to enjoin state taxing officers from enforcing collec. tion of a tax upon shares of stock in a national bank, where the protection sought is based upon the ground that the State statutes under which such officers are proceeding in making their assessment is in violation of tbe fourteenth amendment to the constitution, and of Rev. St. $ 5219.-THIRD NAT. BANK OF PITTSBURG V. MYLIN, U. S. C. C., E. D. (Penn.), 76 Fed. Rep. 385. 46. FRAUD
False Representations.-Defendants solicited complainants to join with them in the pur. chase of a tract of land, representing that the price of the land was $14,000, to which each should contribute an equal share. In fact, the purchase price was only $10,500, and by means of the false representations com. plainants were induced to and did pay more than their share: Held, that the transaction was a fraud on the part of the defendants, for which they were liable to the extent of the excess so paid.--BUNN V. SCHNELLBACHER, III., 45 N. E. Rep. 227.
47. GARNISHMENT-Proceeds of Exempt Personalty.The proceeds of a sale of exempt personal property,
designed for reinvestment in other exempt personalty, to take the place of that sold, are not subject to gar: nishment in the hands of the purchaser.-CULLEN V. HARRIS, Mich , 69 N. W. Rep. 78.
48. HOMESTEAD Sale under Execution.-Where premises occupied as a homestead are levied on under an execution against a judgment debtor, and the sheriff does not appraise and set off the homestead, as required by Rev. St. ch. 52, $$ 1, 10, a sale for an ipade quate price will be set aside, on the petition of the debtor, where the amount for which the premises were sold, with interest, is deposited in court for the bene. fit of the purchaser.-BACH V. MAY, Ill., 45 N. E. Rep. 248.
49. HOMESTEAD What Constitutes.-Testator bequeathed his bomestead to his wife for life, directing that the remainder of his property be divided between his wife and children. The testator owned a part of a block, which had been divided into sublots, but without streets or alleys. On one corner of the block was a house, with outhouses and well, rented by testator for business purposes. On the other corner was a dwelling house occupied by testator and his family, with outhouses. The family used the well appurte. nant to the other house: Held, that the term "homestead," as used in the will, must be construed as includ. ing only that portion of the block occupied exclusively by the dwelling house and its appurtenances.-SMITH V. DENNIS, III., 45 N. E. Rep. 267.
50. HUSBAND AND WIFE-Action on Note.-Code, art. 45, $ 2, declaring that a married woman may be sued jointly with her husband on any pote, bill, contract, or agreement which she may have executed jointly with him, includes oply contracts wholly reduced to writing, and signed by both husband and wife.-HARVARD PUB. CO. OF NEW YORK V. BENJAMIN, Md., 35 Atl. Rep. 930.
51. INSOLVENCY Insolvent Estate-Fees of Attor. neys.-The fees of attorneys employed by certain creditors of an insolvent estate cannot be made a charge upon the fund for distribution, though it was made available by their professional services, and the non employing creditors were all incidentally bene. fited.-EIVES V. PATTY, Miss., 20 South. Rep. 862.
52. INSOLVENT LESSEE Receiver.-A receiver was appointed for an insolvent corporation baving the concession of an allotted space within exposition grounds for restaurant purposes in consideration of & percentage of its gross receipts. Half of the term remained, and the concession was of itself the principal thing of value to the creditors. Under an order of the court, the creditors consenting, the receiver conducted the business which the insolvent had been unable to continue. There was no act of disaffirmance, or notice that the receiver would not be bound by the contract of concession. He completed the term, and received the profits: Held, that he could not repudiate the contract at the end of the term, and pay the ex. position company on the basis of a quantum meruit only.-SPENCER V. WORLD'S COLUMBIAN EXPOSITION, Ill., 45 N. E. Rep. 250.
63. INSURANCE Conditions of Policy.-It is the settled law of the State that, under provisions in an insurance policy that it shall be void in case of a change made in the property increasing the hazard, ii such changes are made but the policy has not been declared forfeited, and the changed conditions cease to exist, leaving the risk no more hazardous than before, the policy again becomes in force.-TRADERS' INS. Co. V. CATLIN, Ill., 45 N. E. Rep. 255.
51. INTERPLEADER.-A bill to require defendants to interplead with each other in reference to certain property must show that all the adverse titles or claims are dependent or derived from a common source.-KYLE V. MARY LEE COAL & RAILWAY CO., Ala., 20 South. Rep. 851.
05. INTOXICATING LIQUORS--Illegal Sale.--This being an indictment for a misdemeanor against two persone,
designed for relovestment in other exempt personal, to take the place of that sold, are not subject to ga nlabment in the bands of the purchaser.-COLLIT. KARRIB, Mich., 69 N. W. Rep. 78.
48. HOMESTEAD Bale under Execatlou - When premises occupied as a homestead are levied on inte an execution against a judgment debtor, and the sheriff does not appraise and set off tbe homestead, es required by Rev. St. ch. 52,89 1, 10, a sale for an ind quate price will be set aside, on the petition of the debtor, where the amount for which the premises wat fold, with interest, 18 deposited in court for the best it of the purchaser.-Bach V. MAY, III., 45 8. E. Rep. 18.
49. HOMESTEAD - What Constitutes.- Testator be Deathed his homestead to his wife for life, directing bat the remainder of his property be divided between is wife and children. The testator owned a part ett lock, which had been divided into sublots, but with ut streets or alleys. On one corner of the block va
house, with outhouses and well, rented by testete br business purposes. On the other corner tu welling honse occupied by testator and his family, ith outhouses. The family used the well apparta ant to the other house: Held, that the term "home ead," as used in the will, must be construed as inelod 8 only that portion of the block occupied exclusively
the dwelling house and its appurtenances.-EMITI
DENNIS, III., 45 N. E. Rep. 267. 50. HUSBAND AND WIFE-Action on Note.-Code, art.
$ 2, declaring that a married woman may be ed ptly with her husband on any pote, bill, contract,
agreement which she may have executed fointi th him, includes obly contracts wholly reduced to iting, and signed by both husband and wile.- Hd RD PUB. CO. OF NEW YORK V. BENJAMIN, Md., 3 Ad.
p. 930. 1. INSOLVENCY – Insolvent Estate-Fees of Alter18.-The fees of attorneys employed by certain ditorg of an insolvent estate cannot be made ? irge upon the fund for distribution, though it de available by their professional services, and the 1 employing creditors were all incidentally beas d. -EIVEs v. PATTY, M198., 20 South. Rep. 89.
INSOLVENT LESSEE – Receiver,-Å receiver w pointed for an insolvent corporation baring the cession of an allotted space within exposition ands for restaurant purposes in consideration of centage of its gross receipts. Half of the terra e ped, and the concession was of itself the principal g of value to the creditors. Under an order of the ft, the creditors consenting, the receiver conducted business which the insolvent had been anable inue. There was no act of disafirmance, or Di that the receiver would not be bound by the cot t of concession. He completed the term, and ? ed the profits: Held, that he could not repudiate contract at the end of the term, and pay the er tion company on the basis of a quantes sera |--SPENCER V. WORLD'S COLUMBIAN EXPOSITIOS, 15 N. E. Rep. 250. INSURANCE – Conditions of Policy.-It is the sot
aw of the State that, under provisions in an i pce policy that it shall be vold in case of a change
in the property increasing the hazard, it seet ges are made but
the policy bas not been declared ited, and the changed conditions cease to exist pg the risk no more hazardous than before, the y again becomes in force.-TRADERS' INE. CO. F. n, Ill., 45 N. E. Rep. 255. INTERPLEADER.-A bill to require delendants to plead with each other in reference to tertar frty must show that all the adverse titler de sare dependent or derived from a comme p.-KYLE V. MARY LEE COAL & RAILWAY CO., dä, th. Rep. 851. NTOXICATING LIQUORS--Illegal Sale.-This belay ictment for a misdemeanor against two perspe;
personal property the title to the personal property pagses to the purchasers without a written transfer, and a bill of sale made subsequently by the mortgagor is a nullity.-GARNETT V. CHAPMAN, Miss., 20 South. Rep. 863.
72. MUNICIPAL CORPORATIONS - City Council-Rules. - A rule of a city council provided that, when a ques. tion should have been indefinitely postponed, the same subject should not be acted on again, or consid. ered, during the session: Held, that such rule pre. vented further action on a subject or scheme which was substantially the same as that contained in an ordinance indefinitely postponed.-ZEILER V. CENTRAL Ry. Co., Md., 35 Atl. Rep. 932.
73. MUNICIPAL CORPORATIONS-Intoxicating Liquors -Effect of Annexation.-It is within the power of the legislature to provide that, where any incorporated town, village, or city is annexed to another town, vil. lage, or city, any ordinance in force in the town, vil. lage, or city, etc., annexed at the time of the annexa. tion, probibiting or regulating the licensing of dramshops within the territory so annexed, shall be con. tinued in force.--SWIFT V. KLEIN, III., 45 N. E. Rep. 219.
74. MUNICIPAL CORPORATIONS-Local Improvements -Laying Water Mains.-An ordinance authorizing the construction of a system of waterworks by a city pro. vided that so much of the improvement as related to the laying of water mains and the appurtenances thereto, but not including hydrants, reservoir, or pumping station, should be paid for by special assess. ment: Held, that the improvement contemplated was a local improvement, within the statute allowing special assessments for local improvements.-HUGHES V. CITY OF MOMENCE, III., 45 N. E. Rep. 300.
75. MUNICIPAL CORPORATIONS Ordinance.-A city ordinance providing that no person shall allow or per. mit any indecent, loud, or boisterous noise, or any fighting or other disturbance, in or about his house or tavern, inn, saloon, cellar, shop, office, or other resi. dence or place of business, or permit drunkards or per. sons having the reputation or name of being prosti. tutes to congregate, visit, or remain therein, is unreasonable, as not limited in its application to such as. semblages or to such places of business as are prop. erly within police control, and consequently void.CITY OF GRAND RAPIDS V, NEWTON, Mich., 69 N. W. Rep. 84.
76. MUNICIPAL CORPORATION-Public Improvements. -A city expressly authorized to levy and collect a gen. eral tax for the construction of waterworks cannot make a special assessment to pay for the standpipe, reservoir, and pumping apparatus, since these do not constitute a "local improvement,” for which alone a special assessment is proper.-HUGHES V. CITY OF MOMENCE, Ill., 45 N. E. Rep. 302.
77. MUNICIPAL CORPORATIONS-Public Improvements -Assessments.-Act June 21, 1896 (Laws 1896, p. 100), amending Act April 10, 1872, and granting a trial by jury, in proceedings for confirmation of an assess. ment, to determine whether the assessment for a city improvement was exc.38ive or not, applies to proceedings pending at the time the act went into effect. --ILLINOIS CENT, R. CO. V. CITY OF WENONA, III., 45 N. E. Rep. 265.
78. NEGLIGENCE Contributory Negligence.-Wbere the defendant pleaded that plaintiff's intestate was guilty of contributory negligence in standing where he did at the time of the accident, and one witness tes. tified that deceased was not standing in a proper place, while another testified that he was standing just where he should stand, under the requirements of his duties, beld, that the evidence did not warrant a nonsuit on the ground of contributory negligence.-MCALPINE V. LAYDON, Cal., 46 Pac. Rep. 865.
79. NEGLIGENCE-Icy Sidewalks - Contributory Neg. Tigence.-In a suit for injuries resulting from a fall caused by slipping on an icy sidewalk, the fact that plaintiff saw the ice, and attempted to cross, does not
prove such contributory negligence as warrants the withdrawal of the case from the jury.-MANROSS V. OIL CITY, Penn., 35 Atl. Rep. 959.
80. NEGOTIABLE INSTRUMENT Action on Note.Where, in an action by a firm to recover on a note made by defendants to a third person or order, and by him indorsed to plaintiffs, defendants plead that the pote was procured by fraud, of which plaintiffs bad knowledge at the time of the indorsement, the testimony of one partner that the firm was not aware of any fraud" is inadmissible, since he can only testify as to his own want of knowledge.-MCCOSKER V. BANKS, Md., 35 Atl. Rep. 935.
81. NEGOTIABLE INSTRUMENT Action on NoteDuress.-As a general rule, a promissory note, exe. cuted under the duress of the principal by legal im. prisonment, is not void as to a surety thereon, if the latter, being under no duress, and knowing of the duregs of the principal, nevertheless voluntarily signed the note; and, though knowledge of the fact of the principal's imprisonment does not necessarily favolve knowledge on the part of the surety of its want of legality, a plea by the latter, alleging that the prin. cipal signed under duress of Imprisonment, even if in other respects good, ought to allege that the imprisonment was illegal, or, it legal, was used for an illegal purpose, and that the surety was ignorant as to its real character, and therefore ignorant of the duress.GRAHAM V. MARKS, Ga., 25 S. E. Rep. 931.
82. NEGOTIABLE INSTRUMENT - Action on Note-Assignment.-Where the principal of a promissory note was made payable a given number of years after its date, with a stipulation in the note for the payment of the interest annually, the contract to pay interest was severable from that to pay the principal, and a suit for interest past due could be maintained without regard to the time when the pote matured as to principal. This being so, it follows that the payee of such a note could lawfully, in writing, assign to another the priocipal thereof, and reserve to himeelt the interest, with the right to collect the same.-SCOTT V. LIDDELL, Ga., 25 S. E. Rep. 935.
83. OFFICERS De Facto Officers — A de facto board cannot create a de jure officer. MAYOR, ETC., of JERSEY CITY V. ERWIN, N. J., 35 Atl. Rep. 948.
84. PRINCIPAL AND AGENT-Instructions-Liability of Agent.-Complainant was agent of an insurance com. pany, under instructions to report all matters to the company for approval. The company notified him of its intention to go into liquidation, instructing bim to let the business in force stand, as it would soon be reipsured. In violation of these instructions, com. plainant called in and canceled all policies issued by him, repaying the premiums pro rata: Held, that he was not entitled to recover the amount so paid on policies canceled on his own motion.-EQUITABLE FIRE INS. Co. V. WILDBERGER, M199., 20 South. Rep. 859.
85. PRINCIPAL AND SURETY-Performance of Contract. -In an agreement for the construction of a sewer, the contractor undertook to "furnish all labor, materials, and tools necessary to execute the entire work," and gave a bond with sureties for the faithful performance of his contract: Held, that the sureties were not bound to pay third parties for materials used in per: forming the contract.-CITY OF STERLING V. WOLF, Ill., 45 N. E. Rep. 218.
86. PUBLIC LANDS-Patent - Cancellation. - The fact that the mortgagee of the holder of a patent certificate may not have had notice of the proceedings to cancel such certificate, or any opportunity to be heard therein, does not render void the action of the land de partment in canceling such certificate, but merely entitles him to a hearing on the question of the legality of the original entry in a proper action in court. In such action the burden of proof is upon him to make out a prima facie case, the certificate after cancellation being no longer any evidence to support bis claim.GUARANTY SAV. BANK V. BLADOW, N. Dak., 69 N. W. Rep. 41.
prove such contributory negligence as wunas") withdrawal of the case from the jury.-MATCH OIL CITY, Penn., 35 Atl. Rep. 569.
40. NEGOTIABLE INSTRUMENT - Action of KeteWbere, in an action by a firm to recover 09 10 inade by defendants to a third person or order, at him indorsed to plaintiffs, defendants plead that is note was procured by fraud, of wbich plaatide knowledge at the time of the Indorsement, ne is mony of one partner that the firm was not even! any frand" is inadmissible, since he can only testing 29 to his own want of knowledge.--cond BANKS, Md., 36 Atl. Rep. 935.
81. NEGOTIABLE INSTRUMENT - Action 05 Vote Duress.-As a general rule, a promissory bike, ele cuted under the duress of the principal by legal is prisonmeut, is not void to a surety therton, Tutter, being under po duress, and knowing of te durees of the principal, nevertheless volo tri signed the pote; and, though knowledge of the last the principal's imprisonment does not necessarily : voive knowledge on the part of the surety or to set of legality, a plea by the latter, alleging that the most cipal signed under duress of imprisonment, even it other respects good, ought to allege tbat tbe lain onment was illegal, or, it legal, was used for a lilegt purpose, and that the surety was igporant us to it real character, and iberefore ignorant of the dares GRAHAM V. MARK8, Ga., 25 S. E. Rep. 931.
2. NEGOTIABLE INSTRUMENT - Action On Notsignment.-Where the principal of a promissory na
was made payable a given pumber of years after a date, with a stipulation in the note for the parents
! the interest annually, the contract to pay ipleret T3 seferable from that to pay the principal, and a sok: Interest past due could be maintained witbont terit to the time when the pote matured as to principe
This being so, it follows that the payee of such a B could lawfully, in writing, assign to another te cipal tbereof, and reserve to himsell the latene with the right to collect the same.-SCOTT 5. LIDIEL. Gan, 25 S. E. Rep 935.
$3. OFFICERS - De Facto Officers - A de festo besst cannot create a de jure officer. – N/AFOR, ETC.
, of de EY CITY V. Erwin, X.J., 35 Atl. Rep. 95.
87. QOIETING TITLE. – Where a deed to land is pro. cured from the owner by fraud, and he thereafter con. veys the same land to another grantee, such second grantee can file a bill to set aside the first deed for traud.-PRINCE V. DO POY, III., 45 N. E. Rep. 298.
58. RAILROAD COMPANIES Competing Lines - Ex. cbange of Traffic.-A contract between railroad con. panies whose roads approach their point of connection almost at right angles, so that they cannot become competitors, to interchange traffic and cars, sell coupon passenger tickets, make through bills of lad. ing, and apportion their earnings, is not uplawful.CUMBERLAND VAL. R. Co. v. GETTYSBURG & H. RY. Co., Penn., 35 Atl. Bep. 962.
89. RAILROAD COMPANIES – Ejection of Trespasser-
30. RAILROAD COMPANIES Defects in Foreign Carg-
32. REAL ESTATE AGENTS-Commissions.-Plaintiffs,
K. RECEIVEB8–Interlocutory Order-Pleading.-An
Action to Recover Dona.
action is removed into the federal court, matters in law and matters in equity must be separated, and equi. table relief must be sought in a separate suit.-IN RE FOLEY, V.8. 0. C. D., (Nev.), 76 Fed, Rep. 890.
96. REMOVAL OF CAUSES-Local Prejudice. – Defend. ant railroad company submitted affidavits showing that a few years previously there was a bitterly con. tested litigation between its predecessor in the pos. session of the road and the city in which the cause was to be tried; that during this litigation there was almost a riot; that several of the servants of such predecessor were arrested in consequence of the litiga. tion, and that litigation still existed between itself and said city; and a number of respectable and disinter. ested witnesses testified that defendant could not ob. tain justice in that county, and that a prejudice against corporations existed there: Held, that it was proper to order the removal of the cause under Act March 3, 1887, though a number of witnesses testified that de. fendant could obtain justice in that locality.-HERN. DON V. SOUTHERN R. Co., U. 8. 0. C., E. D. (N. Car.), 76 Fed. Rep. 398.
97. SALE-Collateral Warranty.-Where a warranty is part of a transaction of sal, no separate consideration is necessary to support it.
STANDARD UNDER. GROUND CABLE CO. V. DENVER CONSOL, ELECTRIC CO., U.S.C.C. of App., Third Circuit, 76 Fed. Rep. 422.
98. SALE Damages for Breach. -- The measure of damages for refusing to accept and pay for the subject of a contract of sale is the difference between tbe contract price and the market value at the time when it should have been accepted, less expenses wbich the seller was saved by such refugal.--NEWARK CITY ICE CO. V. FISHER, U. 8. O. C. of App., Third Circuit, 76 Fed. Rep. 427.
99. SALE-Passing of Title-Warranty.--Where all the terms of a sale of personal property which bas been identified are agreed upon, and embodied in a writing signed and delivered, such delivery of the writing operates to pass title to the purchaser. Accordingly: Held, in the case of a sale of a mare, when the writing so made and delivered contained a stipulation that the sale was made without any warranty, that an oral warranty of quality, made an hour after the delivery of the writing, and made only as an inducement to the purchaser to accept and keep the mare, could not be enforced as a contract, such oral warranty being with. out consideration. FLETCHER V. NELSON, N. Dak., 69 N. W. Rep. 53.
100. SALE OF UNINSPECTED FERTILIZERS. The seller of commercial fertilizers, which had not been in. spected as the law requires, cannot maintain against the buyer an action for the price of the same.-GOULDING FERTILIZER CO. V. DRIVER, Ga., 25 S. E. Rep. 922.
101. SALE TO AGENT – Liability of Principal. though the value of goods sold to an agent upon his own credit alone may, under certain circumstances, be recovered from the principal when disclosed, this, under the facts of the present case, could not be done unless the principal actually received and used or in some way got the benetit of such goods.- MICKLEBERRY V. O'NEAL, Ga., 25 S. E. Rep. 933.
102. SCHOOLS--Contract with Teacher.--A teacher's certificate, issued for three years, cannot be legally extended, by being changed to read for four years, by the secretary of the board of examinerg who issued it, after he has gone out of office.-- BRYAN V. FRACTIONAL SCHOOL DIST, NO. 1 OF SHELBY AND STERLING TPS., Mich., 69 N. W. Rep. 74.
103. TAXATION-Valuation of Property.-A contract by a mill corporation, by which it agreed, for a certain length of time, to discharge a suficient quantity of water from its reservoir through its dam to maintain a certain flow in a stream below, where it bound the corporation to do no more than it was required to do by its charter in equalizing the flow of the stream, cannot be considered such an incumbrance that a sale of the stock of the corporation during the existence of
4. PRINCIPAL AND AGENT--Iostructions-Liability di Agent.-Complainant was agent of an inguratze tite bany, under instructions to report all matters to ? company for approval. The company notified bler is intention to go into liquidation, instructing bin pt the business in force stand, as it would 30900 * einsured. In violation of these instructions, to lainant called in and canceled all policies issuem im, repaying the premiums pro rata: Held, they
as not entitled to recover the amount 10 pages olicies canceled on his own motion.--EQUITABLE IT N8. CO. V. WILDBERGER, M199., 20 South. Bep... 85. PRINCIPAL AND SURETT-Performance of Contra
In an agreement for the construction of a seter, 14 pntractor undertook to "furnish all labor, maieras And tools necessary to execute the entire work, " Juve a bond with sureties for the faithfal performin I his contract: Beld, that the sureties were 34 pued to pay third parties for materials used in rming the contract-CITY OF STERLING F. WOLF. IL N. E. Rep. 219. 56. PUBLIC LANDS-Patent - Cancellation. - The 54
ut the mortgagee of the holder of 8 patent cerca
ay not have had notice of the proceedings to cuk
Ich certificate, or any opportunity to De Bain Ireln, does not render void the action of the large irtuent in canceling such certi cate, bat pony titles hiu to a hearing on the question of the least
N. E. Rep. 183.
the original entry in a proper action in cout.
$. REMOTAL OF CAUSES--Actions at Law -- Equitable Defenses.-Where, y the statutes of a State, equitable defenses may be made to an action at law, and such an
Ich action the burden of proof is upoo him 10 ta prima facie case, the certiticate after cancer ing no longer any evidence to support biscus TARANTY SAV. BANK . BLADOW, .I. Das., IS