Rule as to payment by maker of note
which he had been notified was lost.
Indorsement of such note.
No. 713,
p. 37.
Where a raised check bore a certain spe-
cial indorsement of the holder, held,
that the holder was not liable to re-
fund the money to the drawee bank.
1a, No. 700, p. 1.

Where certain persons signed the follow-
ing writing on the back of a note,
"For value received we hereby guar-
anty the payment of the within note
and waive demand and notice of pro-
test on same when due," held, that
such persons, as guarantors, were en-
titled to reasonable notice that the
note had not been paid. 91a.

A note negotiable in form, held to be
made a non-negotiable instrument by

reason of certain clauses in mortgage
given to secure it. No. 710, p. 49.
Undated indorsements or other writings
on a note are presumed to have been
made on the date of the execution of
the note. No. 740, p. 189.

An assignment on a separate paper, held
not equivalent to indorsement, so as
to cut off defenses of maker. 176a.
Agent who had actual authority to in-
dorse checks for deposit held to have
bound his principal by indorsing a
check which was diverted through
third party. 191a.

Waiver of protest placed over indorsed
name held to have released him.
147a.

Certain alleged agreements between
makers or indorsers of notes held not
to bind the holder of the notes. 143a.
Rule as to indorsement of check payable
to two persons who are not partners.

97a.

Indorser of check, on receiving payment
thereon, held, on appeal, to have war-
ranted the genuineness of a previous
forged indorsement regardless of the
negligence of the drawer of the check
in issuing it. 101a.

Indorser held not to have waived pro-
test by procuring extension of note
for maker. Certain makers held to
have changed their position to that of
surety and to have been released by
extensions of time of payment. 184a.
Under the laws of New Jersey a wife
is not liable on a note as surety for
her husband: Held, by a divided court,
that where a married woman in that
State indorsed a note in blank to be
used by her husband for a certain pur-
pose, and the husband had the note
filled out and discounted for another
purpose in the State of New York, the
wife is liable. 35a.

Where certain indorsed time certifi-
cates of deposit were turned in on
purchase of farm, held, not to have
been acepted as so much payment of
purchase price. 87a.
Certain provision in note held to make
it non-negotiable. Indorser of non-
negotiable note, who was the payee,
held as maker. 13a.

Authority of agent, who has power to
indorse for deposits, to indorse and
draw money. 64a.

Where the wife of the maker of a note

executed to a trustee a deed to secure
a surety on the note, held, that the
surety and her property were released
where the note was renewed without
her consent. 89a.

Where the president of a corporation
who has power to indorse and dis-

INDORSER- Continued:

count its bills receivable- and did it
frequently with banks - indorsed and
discounted such bills to himself on
fair terms and in good faith: Held,
on appeal, that the corporation was not
liable on its indorsement.
2013, No.

735, p. 155.

An ordinary promissory note reading
"with interest at six per cent. and
taxes," was held non-negotiable by
reason of the provision for payment
of taxes, and one who wrote his name
on the back thereof was not liable as
indorser. 197a.

An indorsement of a note, which is used
as margins in grain gambling trans-
actions, being void, even in bona fide
holder's hands, in Illinois: Held, that
such a renewal indorsement made in
Nebraska will, under certain circum-
stances, be governed by the law of
Illinois. 322a.

Where the maker of a check, which he

drew in payment of a team of horses,
made it payable to the owner of the
horses who passed under the assumed
name of J. L. Baldwin, his indorse-
ment of the check under that name
was a good indorsement. 241a.
Rule as to liability of accommodation
indorser before inception who indorses
in one State a note payable in another.
Different rule as to indorsers for value
after inception. 207a.

Writing of firm name on back of re-
newed note, held to make the firm
joint makers, not indorsers. Renewal

of certain note held to constitute pay-
ment of old note. 239a.

Bank said not to be liable on its guar-
anty by its cashier of his note and the
notes of a company of which he was
treasurer, rediscounted at another
bank, and which were renewed. 346a.
Bank held not to be bona fide holder of
note the proceeds of which it had
placed to customer's credit, the
credit not having been withdrawn un-
til after the bank had notice of de-
fenses of the maker to the note.
335a, No. 757, p. 261.

a

C. deposited money in a bank to be paid
to James Malloy, whom the bank
knew resided at Corrine. The bank
notified James Malloy of the credit,
but by mistake sent the letter of noti-
fication to Denver, where it was re-
ceived by another James Malloy, who
notified the bank to send him a draft,
which the bank did, and the wrong
James Malloy indorsed the draft to
an innocent purchaser: Held, that
such purchaser got good title to the
Idraft and the bank was liable. 340a.
One who wrote his name on the back

INDORSER - Continued:;

of a note, held, under the circum-
stances, to be a guarantor, not an in-
dorser, and not entitled to notice of
nonpayment: Different rule in some
States. 354a.

A note payable to "John Jones, Attor-
ney," is a non-negotiable instrument,
and carries on its face notice that
other parties are interested in its
ownership. 360a.

Where an indorser has been released
from his liability as such by failure
to demand payment of the maker, he
will again become liable if, with full
knowledge of the facts, he promises
to pay the note. No. 753, p. 247.
Where a bank had discounted for the
payee before maturity a note which
the payee had procured on lack of
proper consideration, and to which
the maker would have a good defense
against the payee, held, that if the
payee had had on deposit with the
bank, since the maturity of the note,
sufficient funds to pay the note, and
the bank knew of all the facts, it
could not collect the note of the
maker. 382a.

Where a lease provided that the tenant
could remove his trade fixtures dur-
ing his tenancy, and they were not so
removed during the life of the first
lease, and second lease did not pro-
vide for their removal, held, that the
right to remove them was lost to the
tenant. No. 752, p. 246.

Where the owner of land enters into a
contract with a builder to erect a
building thereon, and through the neg-
ligence of the builder a passerby is
injured, the owner is not liable for
damages. No. 764, p. 389.
Tenant on a farm, under lease which
provides that the tenant shall not
sublet, has right to let hired man
оссиру
a house on the farm. Rule

as to what is "good repair." No.
731, p. 130.

Rule as to duty of landlords under
usual clause in lease who takes pos-
session of leased premises by reason
of failure of tenant before expiration
of lease. No. 719, p. 75.
Tenant's rights, under old lease, to re-
move fixtures, held to have been lost
by terms of new lease. 132a.

A landlord is not liable to his tenant for
injury from a collapse of the building
owing to defects existing at the time
of the rental, where the landlord did
not have actual notice of such defects.
278a.

A landlord who has covenanted in the
lease to supply the dwelling with water,
held not to be liable to the tenant for
damages by reason of leaky water
pipes.

A promise, made after the inception of
the lease, to put in proper pipes, held
to be without consideration. 304a.
Liability of landlord who leased prem-
ises to be occupied for a certain pur-
pose to one who purchased fixtures
and furniture on the strength of the
lease, but who, without fault on his
part, was kept out of possession of
the premises. 264a.

Rule as to liability of landlord or tenant,
or of the guarantor of tenant's lease,
or of the city, where one is damaged
by falling through cellar doors in the
sidewalk.

LEASE:

255a.

Where a lease provided that the tenant
could remove his trade fixtures dur-
ing his tenancy, and they were not so
removed during the life of the first
lease, and second lease did not pro-
vide for their removal, held, that the
right to remove them was lost to the
tenant. No. 752, p. 246.

A promise, made after the inception of

LEASE Continued:

the lease, to put in proper pipes, held
to be without consideration. 304a.
Where, after the surety had guaranteed
the payments to be made on a ten-
year lease, its terms were, without his
knowledge, altered so that if the build-
ings were destroyed by fire the lease
was to terminate; held, that the surety
was released. 244a.
Certain building erected by tenant, under
permission by the landlord, held to be
a fixture which the tenant could not
remove. 56a.
Liability of landlord who leased prem-
ises to be occupied for a certain pur-
pose to one who purchased fixtures
and furniture on the strength of the
lease, but who, without fault on his
part, was kept out of possession of the
premises. 264a.

A landlord who had covenanted in the
lease to supply the dwelling with water,
held not to be liable to the tenant for
damages by reason of leaky water
pipes.

Tenant on a farm, under lease which
provides that the tenant shall not
sublet, has right to let hired man
occupy a house on the farm. Rule as
to what is "good repair." No. 731,

P. 130.

Tenant's rights, under old lease, to re-
move fixtures, held to have been lost
by terms of new lease. 132a.

LETTER OF CREDIT:

Where a bank issued a certain described
letter of credit, and the person to
whom it was issued drew checks to
persons who were ignorant of the ex-
istence of the letter, which were paid
by the issuing bank - it being igno-
rant of the letter not having been
exhibited and the holder of the letter
then exhibited the letter to another
bank, which cashed checks on the
faith of it, held, that the issuing
bank must pay such checks. 351a,
No. 758, p. 267.

LEX LOCI:

Rule as to liability of accommodation
indorser before inception who indorses
in one State a note payable in another.
Different rule as to indorsers for value
after inception. 207a.

LIEN:

Certain deposit in bank to credit of
third person, held subject to the
banker's lien and applicable on debt
of such third person to the bank.

104a.

LIMITATION OF ACTIONS:

Certain payment of interest by an exe-
cutor held not to entitle the State
claim to enforcement against the es-
tate. 63а.
Nonresidence of debtor held not to stop
the running of the statute. 145a.
The statute held to run against the
mortgage given to secure a debt, al-
though the debt was kept in life by
renewals. 145a.

Certain note held to be so worded as to
make it doubtful as to the rate of in-
terest it would bear after maturity,
and hence was non-negotiable and not
entitled to grace, and thus barred by
the statute of limitations. 250a.

LOST NOTE:

Rule as to payment by maker of note
which he had been notified was lost.
Indorsement of such note.
No. 713,
P. 57.

MASSACHUSETTS:

One who wrote his name on the back of
a note, held, under the circumstances,
to be a guarantor, not an indorser,
and not entitled to notice of nonpay-
ment: Different rule in some States.
354a.

MASTER AND SERVANT:

Rule as to right of certain employees to
devote part of their time to other
duties. No. 56, p. 722.

Rule as to right of employer as to dam-
ages where the relation is severed be-
fore the end of the term.
No. 724,
p. 96.
Rule as to damages where a servant is
discharged before expiration of his
term. 58a.

Where the owner of a building con-
tracted with another to remove a
building in a lawful manner the
owner is not liable to one injured
thereby. 231a.

Right of employer or principal to dis-

charge broker or employee before end
of term of agency or employment.
404a.

Rule as to damages to an employee who

has been wrongfully discharged be-
fore his term of employment had ex-
pired. 362a.

MORTGAGE:

Where a mortgagor agrees to insure
property for the benefit of the owner
of the mortgage, but fails to do so,
taking the insurance for his own bene-
fit, held, that the insurance company
which has notice of the facts, must

respect the equities of the mortgagor.
Different rule in some States. 234a.
Certain clauses in a mortgage securing
a negotiable note held to make the note
a non-negotiable instrument. 15a,
No. 702, p. 18.

Where a non-negotiable mortgage was
made to secure a negotiable note, and
the two were negotiated together,
held, that the note was non-negotiable,
and that bona fide payment by the
maker to the payee after he has sold
the securities would be good as
against the true owner. No. 730,

P. 128.
Rule as
to payment of mortgage by
grantee of deed who accepts deed
with such provision inserted in it.

144a.

NAME:

Where the maker of a check, which he
drew in payment of a team of horses,
made it payable to the owner of the
horses who passed under the assumed
name of J. L. Baldwin, his indorse-
ment of the check under that name
was a good indorsement.
241a.
NATIONAL BANK:

Where a borrower of a national bank
executed a mortgage to its president,
individually, to secure the debt of the
bank, held, that the usury laws ap-
plicable to national banks, instead of
the laws of the State, would govern
the amount due when the bank sought
to have the mortgage foreclosed for
its benefit. No. 744, p. 209.

A bank cannot be a member of partner-
ship (and this is true, generally, of
any corporation). Liability of bank
that becomes part owner in a partner-
ship. No. 727, p. 115.

Held to have power to hire building for
a term far beyond the expiration of
its charter. No. 719, p. 75.

NEGLIGENCE:

Where the owner of land enters into a
contract with a builder to erect a
building thereon, and through the
negligence of the builder a passerby
is injured, the owner is not liable for
damages. No. 764, p. 389.

NEGOTIABLE INSTRUMENTS LAW:
In many States a pre-existing debt is a
sufficient consideration to constitute
one a holder in due course of a nego-
tiable note. The negotiable instru-
ments law seems to so declare; but the
lower courts of New York hold that
such declaration does not change the

NEGOTIABLE INSTRUMENTS LAW

Continued:

rule previously existing in New York,
i. e., that such consideration does not
constitute one a holder in due course.
273a.

NEW JERSEY:

Under the laws of New Jersey a wife
is not liable on a note as surety for
her husband: Held, that where a mar-
ried woman in that State indorsed a
note in blank to be used by her hus-
band for a certain purpose, and the
husband had the note filled out and
discounted for another purpose in the
State of New York, the wife is liable.
35a.

NEGOTIABLE INSTRUMENT:

Note under seal said to be a non-nego-
tiable instrument. 403a.

NON-NEGOTIABLE INSTRUMENT:
A note payable to "John Jones, Attor-
ney," is a non-negotiable instrument,
and carries on its face notice that
other parties are interested in its
ownership. 360a.

Payment to payees of non-negotiable
note, after they had transferred it,
held good: Note held to be non-nego-
tiable by reason of certain provisions
for extension of time. 336a, No. 759,
p. 370.

An ordinary promissory note reading
"with interest at 6 per cent. and
taxes," was held non-negotiable by
reason of the provision for the pay-
ment of taxes, and one who wrote his
name on the back thereof was not lia-
ble as indorser. 197a.

66

Note negotiable in form except for these
words with interest at the rate of 12
per cent. from date if not paid at ma-
turity," held to be non-negotiable.
203, No. 736, p. 169.

Certain note held to be so worded as to
make it doubtful as to the rate of in-
terest it would bear after maturity,
and hence was non-negotiable and not
entitled to grace, and thus barred by
the statute of limitations. 250a.
Where a non-negotiable mortgage was
made to secure a negotiable note, and
the two were negotiated together,
held, that the note was non-negotiable,
and that bona fide payment by the
maker to the payee after he has sold
the securities would be good as
against the true owner. No. 730,

p. 128.

Certain provision for extension of time
of payment of note, held to make it
non-negotiable, and payment to orig-

A note negotiable in form, held to be
made a non-negotiable instrument by
reason of certain clauses in mortgage
given to secure it. No. 710, p. 49.
Reference to a mortgage, given to secure
an otherwise negotiable instrument,
held to be notice to purchaser of any
statements in the mortgage prejudicial
to the negotiability of instrument.
19a, No. 706, p. 33.

Where certain persons signed the follow-
ing writing on the back of a note,

For value received we hereby guar-
anty the payment of the within note
and waive demand and notice of pro-
test on same when due," held, that
such persons, as guarantors, were en-
titled to reasonable notice that the
note had not been paid. 91a.
Reference to a mortgage, given to secure
an otherwise negotiable instrument,
held to be notice to purchaser of any
statements in the mortgage prejudicial
to the negotiability of instrument.
19a, No. 706, p. 33.

Rule as to payment by maker of note
which he had been notified was lost.
Indorsement of such note. No. 173,

p. 57.

Where a bank cashier drew checks of
his bank, signed by himself as cash-
ier, and sent them to a brokerage firm
through whom he was speculating,
held, that the brokers were liable to
the bank for funds lost to the bank,
the cashier not having accounted to
the bank for the amount of such
checks. 336a.

Bank said not to be liable on its guar-
anty by its cashier of his note and
the notes of a company of which
he was treasurer, rediscounted at
another bank, and which were re-
newed. 346a.

While one is bound to deny many state-
ments made in his presence, as to his
liability in certain cases, where silence
would be construed as assent, he is
not bound to the same extent to deny
such statements made to him by let-
ter. No. 753, p. 247.

Where one doing business under a trade
name sells the business to another,