trial court committed no error in receiving it, stated. In re Randall's Estate, 230 P. 445. 907(2) (Mont.) Court's findings presumed supported by evidence not in record.-First Nat. Bank v. Marlowe, 230 P. 374.
907 (3) (Cal.) Appellant denying indebted- ness alleged in answer must bring up evidence. -Peak v. Republic Truck Sales Corporation, 230 P. 948.
925 (2) (Colo.) Holding directors of irri- gation district not de facto officers presumed correct on collateral attack.-Kerber Creek Irr. Dist. v. Woodard, 230 P. 807.
U. S. Smelting, Refining & Mining Explora- tion Co. v. Wallapai Mining & Development Co., 230 P. 1109.
1003 (Okl.) Verdict as to buyer's purpose in retention of goods, clearly contrary to evi- dence, reversed.-Iron Trades Product Co. v. Murray Tool & Supply Co., 230 P. 703.
1004 (2) (Mont.) Verdict of $300 for team of horses would not be set aside as result of passion and prejudice.-Klus v. Lamire, 230 P. 364.
1005 (2) (Okl.) Verdict reasonably ported by evidence after legal, impartial trial not disturbed.-National Bond & Investment Co. v. Dickens, 230 P. 911.
926 (5) (Cal.) Appellants complaining of deprivation of opportunity of offering evidence in support of objections to final distribution 1008 (1) (Cal.App.) Appellate court bound must show error.-In re Randall's Estate, 230 by findings of fact.-Commonwealth Ins. Co. of New York v. Riverside-Portland Cement Co., 927 (2) (Cal.App.) Presumed trial court 230 P. 995. proceeded regularly. Montgomery v. Fidelity 1008 (1) (Okl.) Special findings of fact and & Deposit Co. of Maryland, 230 P. 993. 928 (4) (Colo.) Appellate court justified injury, conclusive on appeal.-Myers v. Denison, those based on oral testimony by court_without presuming that trial court in its written in- 230 P. 742. structions, if requested, directed jury to disre- gard improper remarks.-Capitol Syndicate v. Green, 230 P. 1007.
(F) Discretion of Lower Court. 948 (Cal.App.) Abuse of discretion presumed.-Lynch v. Lynch, 230 P. 462.
957(1) (Mont.) Courts favor trial on its.-Brothers v. Brothers, 230 P. 60.
1008 (2) (Okl.) Finding of court ably supported by evidence not disturbed.-Pio- neer Mortg. Co. v. Ragsdale, 230 P. 259.
1008 (2) (Okl.) Findings by trial court without jury have effect of verdict and are con- not clusive on doubtful questions of fact.-Myers v. Denison, 230 P. 742. mer-1009 (1) (Okl.) Issues triable at law, where decision necessarily antecedent to and deter- minative of equitable remedy sought, are not of purely equitable cognizance.-Pioneer Mortg. Co. v. Ragsdale, 230 P. 259.
957 (1) (Okl.) Order on application to va- cate default judgment not disturbed, unless abuse of discretion appears.-Goodwill Oil Co. V. Elliott, 230 P. 902.
978(1) (Wash.) Granting new trial error of law, where no other verdict than one re- turned could be sustained.-Mount v. Krilich, 230 P. 828.
984 (1) (Cal.) Allowance in discretion of trial judge and not interfered with except for abuse.-Puppo v. Larosa, 230 P. 440.
(G) Questions of Fact, Verdicts, and Findings.
987 (2) (Or.) Verdict supported by materi- al evidence cannot be set aside.-Sig C. Mayer & Co. v. Smith, 230 P. 355.
989 (Mont.) In reviewing order directing verdict for defendant, Supreme Court considers only "plaintiff's evidence."-Johnson v. Chicago, M. & St. P. R. Co., 230 P. 52.
989 (Okl.) Sole question for review on question of contributory negligence is proper submission.-Waddle v. Stafford, 230 P. 855.
Action on agreement to pay indebtedness on land alleged executed contemporaneously with deed held law action.-Id.
1009 (3) (Okl.) Judgment in equity action on conflicting evidence affirmed unless clearly against its weight.-Katter v. Rodgers, 230 P. 500.
1010(1) (Kan.) Court's finding that deed with separate written contract to convey on payment of existing debt was absolute con- veyance, sufficiently supported by evidence, not disturbed.-Perkins v. Citizens' State Bank, 230 P. 1040.
1010(1) (Kan.) Finding not supported by substantial evidence insufficient to support judgment.-J. R. Watkins Co. v. Waldo, 230 P. 1051.
1010(1) (Okl.) Judgment in law action tried to court not upheld, unless reasonably sustained by competent evidence.-Okmulgee Democrat Pub. Co. v. National Supply Co., 230 P. 231.
992 (Wash.) Supreme Court cannot inter- fere with trial court's judgment that proof of-1010(1) (Okl.) Judgment in law action fered to impeach public record is insufficient.- tried to court reasonably sustained by evidence, Wade v. City of Tacoma, 230 P. 99. will not be disturbed.-Allen v. Redfield, 230 P. 694.
994 (3) (Cal.App.) Conflict in testimony solely for trial court sitting without jury.-1010(1) (Okl.) Judgment in law action Correa v. Davis, 230 P. 984. tried without jury reasonably supported by evi- 999 (3) (Okl.) Verdict on question of con- dence not reversed for insufficiency thereof.- tributory negligence when properly submitted Harrison v. Cummings, 230 P. 702. not disturbed.-Waddle v. Stafford, 230 P. 855.1010(1) (Utah) Court's finding supported 1001 (1) (Kan.) Jury's determination of by competent evidence conclusive on appeal in procuring cause of exchange of land supported law action.-Kelley v. Moab State Bank, 230 by evidence conclusive on appeal.-Frederick v. P. 566. Neiberline, 230 P. 75.
1001(1) (Okl.) Verdict as to broker pro- curing cause of sale, reasonably supported by evidence, not disturbed.-Stuart v. Mathews, 230 P. 696.
1011(1) (Cal.App.) Findings of trial court on conflicting evidence not disturbed.-Star Drilling Mach. Co. v. Henry Cowell Lime & Cement Co., 230 P. 174; Davis v. Wilson, 230 P. 677.
1001 (1) (Okl.) Judgment reasonably sup- 1011(1) (Cal.App.) Conflict in testimony ported by evidence not disturbed for insuffi- solely for trial court sitting without jury.- ciency thereof.-Waddle v. Stafford, 230 P. 855. Correa v. Davis, 230 P. 984. 1001 (1) (Okl.) Verdict reasonably sup- Decision on facts, authorizing decision ei- ported by evidence conclusive on appeal, in ther way, not disturbed.-Id. absence of prejudicial trial error.-Adrean v. Mathews, 230 P. 889.
1002 (Mont.) Verdict finding substantial support in conflicting evidence will not be dis- turbed.-Klus v. Lamire, 230 P. 364.
1003 (Ariz.) Jury's verdict on nonconflict-
1011(1) (Colo.) Findings of trial court on conflicting evidence not disturbed.-Denton v. Emerson-Brantingham Implement Co., 230 P. 128; Valley Lands & Investment Co. v. Killean, 230 P. 393; Ft. Lyon Canal Co. v. Arkansas Valley Sugar Beet & Irrigated Land
answer special questions cautiously held not reversible error.-Lynch v. Payne, 230 P. 85.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
1060 (4) (Colo.) Improper remarks of counsel not prejudicial, in view of court's ac- tion and amount of verdict.-Capitol Syndicate v. Green, 230 P. 1007.
1011(1) (Kan.) Finding sustained by evi- dence conclusive on appeal. Baldwin v. Kan- sas Soldiers' Compensation Board, 230 P. 82. 10:1(1) (Kan.) Judgment on conflicting evidence that World War veteran not Kansas resident at time of entering military service, not disturbed.-Lord v. Kansas Soldiers' Com-1064(1) (Colo.) Instruction on tenant's pensation Board, 230 P. 1033. right to renew lease, if landlord was ignorant of default, held prejudicial error as relieving tenant of burden of proving faithful perform- ance.-Hall Hotel Co. v. Stille, 230 P. 125.
1011(1) (Mont.) Findings on conflicting evidence not disturbed, where evidence does not preponderate against finding.-Batchoff v. Melz- ner, 230 P. 48.
1011(1) (Mont.) Court's findings on con- flicting evidence not disturbed.-Torgerson v. Stocke, 230 P. 1096.
1012(1) (Okl.) Finding and judgment fore- closing lien not disturbed for insufficiency of evidence unless against clear weight thereof.- Tague v. Willis, 230 P. 698.
1067 (Okl.) Judgment not reversed for re- fusal of defendant's requested remote instruc- tions where facts and law fairly covered by given charge.-Pittsburg County Ry. Co. v. Palmer, 230 P. 256.
1068 (1) (Cal.App.) Error in instruction held not cured by answer to special issue.- Gray v. Los Angeles Ry. Corporation, 230 P. 970.
1012(1) (Wash.) Supreme Court bound by fact finding not against preponderance of evi-1071(1) (Cal.App.) Error in finding as to dence.-Young v. American Can Co., 230 P. 147. acreage damage held immaterial in view of find- 1012(1) (Wash.) Finding against which ing as to definite amount of damage.-McIntosh evidence does not preponderate is conclusive v. Brimmer, 230 P. 203. on appeal.-Glacier Fish Co. v. North Pacific 1071 (5) (Cal.App.) That immaterial find- Sea Products Co., 230 P. 410. ings are not supported by evidence is harmless error.-McIntosh v. Brimmer, 230 P. 203.
1013 (Okl.) Trial court's allowance of at- torney's fee supported by evidence not disturb- ed.-Ardmore Hotel Co. v. J. B. Klein Iron & Foundry Co., 230 P. 734.
1030 (Cal.App.) Causes should be heard on merits, where violence not done rules of procedure and practice.-Gerrior v. Superior Court in and for Mariposa County, 230 P. 967. 1033 (7) (Mont.) Appellant could not com- plain of judgment unfavorable to respondent as not following findings and evidence.-Mathews v. Marsden, 230 P. 775.
1042(5) (Mont.) Striking portion of an- swer held harmless where evidence was intro- duced covering matter stricken, and consid- ered by trial court.-Mathews v. Marsden, 230 P. 775.
1046 (1) (Colo.) Refusal to strike case from trial calendar held not prejudicial.—Alsup v. Alsup. 230 P. 796.
Disregard of rule of trial court as to notice of trial immaterial, unless harm results there- from.-Id.
1048 (7) (Cal.App.) Sustaining objections to questions as to prior statements by defend- ant held not error.-Collette v. Sarrasin, 230 P. 464.
(I) Error Waived in Appellate Court. 1078(1) (N.M.) Assignments of error not argued in briefs will be considered abandoned. -Candelaria v. Gutierrez, 230 P. 436.
1078(1) (Utah) Assignment not discussed in brief nor referred to in oral argument deem- ed abandoned.-Kelley v. Moab State Bank, 230 P. 566.
1078(5) (Mont.) Grounds for relief not argued in appellant's brief disregarded.-Lee v. Lee Gold Mining Co., 230 P. 1091.
1079 (Cal.) Counsel must show by argu- ment and citation of authorities that claimed error exists.-In re Randall's Estate, 230 P. 445. (K) Subsequent Appeals.
1097 (1) (Or.) Proposition decided on form- er appeal became law of case.-Hostetler v. Eccles, 230 P. 549.
XVII. DETERMINATION
AND DISPOSI- TION OF CAUSE. (C) Modification.
1146 (Or.) When Supreme Court cannot determine what judgment should have been ren- dered below, it cannot correct judgment.-Fen- lason v. Pacific Fruit Package Co., 230 P. 547: (D) Reversal.
1050(1) (Kan.) Plaintiff's evidence of dif- ference in value of land per acre before and 1170(7) (Cal.App.) Procedural after injury held not reversible error.-Lynch limiting cross-examination not prejudicial, v. Payne, 230 P. 85. where substantial justice has been done.-Weh- ner v. Wehner, 230 P. 458.
1050(1) (Wash.) Erroneous admission of evidence, not affecting result, not reversible.-1170(7) (Okl.) Judgment not reversed for Colby v. Nelson, 230 P. 629.
1052 (7) (Wash.) Ruling on evidence im- material in view of justified finding.-Lee v. Willman, 230 P. 148.
1053(4) (Kan.) Caution should be cised to prevent irrelevant testimony prejudic- ing jury from reaching jury.-Zecha v. Citi- zens' State Bank, 230 P. 1058.
1054(3) (Kan.) Admission of incompetent testimony not prejudicial error, where court's findings supported by competent evidence. Crum v. Guffey-Gillespie Oil Co., 230 P. 299.
1056 (1) (Colo.) No reversal for rejection of evidence, which could not alter result.-In re Danikas' Estate, 230 P. 608.
1056(4) (Utah) Exclusion of evidence as to value of plaintiff's property, if error, not prejudicial, where no false representations found. Showell v. Upton, 230 P. 1023.
1058(1) (Or.) Erroneous exclusion of tes- timony held not cured by subsequent admission of evidence of same_import.-Fenlason v. Pa- cific Fruit Package Co. 230 P. 547.
1060(1) (Kan.) Refusal to discharge jury for remarks of attorney admonishing jury to
exclusion of evidence, unless miscarriage of justice probable result, or constitutional or statutory right violated.-Holley & Means v. Foster, 230 P. 879.
1173(1) (Colo.) Joint judgment not sup- ported by evidence as to two of three defend- ants, reversed.-Fulton Inv. Co. v. Fraser, 230
(F) Mandate and Proceedings in Lower
1213 (Cal.) Rule as to contributory neg- ligence of passengers in taxicab driven at un- lawful speed, declared by Supreme Court on previous appeals, should have been included in instructions.-Dowd v. Atlas Taxicab & Auto Service Co., 230 P. 958.
(G) Jurisdiction and Proceedings of Ap- pellate Court After Remand.
1218 (Cal.App.) Going down of remittitur deprives appellate court of jurisdiction except in case of mistake, fraud, or imposition upon court.-Petersen v. Civil Service Board of City of Oakland, 230 P. 196.
XVIII. LIABILITIES ON BONDS AND
1234(6) (Okl.) Plaintiff in possession un- der supersedeas bond may recover against de- fendant for destruction of crop by unlawful entry and possession.-Johnston v. Johnson, 230 P. 700.
Plaintiff may recover for destruction of crop See Municipal Corporations, 493; Taxation, by defendant in possession pending appeal un- der void order of court.-Id.
Measure of damages for possession of plain- tiff pending unsuccessful appeal stated; rea- sonable rental value of land may be offset in plaintiff's action for destruction of crop.-Id.
63(4) (Okl.Cr.App.) Rule as to officer's right to arrest on suspicion for commission of felony stated.-Crossman v. State, 230 P. 291.
1. REQUISITES AND VALIDITY. (A) Property, Estates, and Rights Assignable.
27 (Cal.) Assignment of substantial prop- erty right carries with it right to sue in equity, where incidental to property right.-Kemp v. Enemark, 230 P. 441.
(B) Mode and Sufficiency of Assignment. 31 (Okl.) Intention of assignor must be to transfer a present interest in subject-matter.- American Inv. Co. v. Baker, 230 P. 724.
III. RIGHTS AND LIABILITIES OF PARTIES.
90 (Wash.) Assignment of chose in action gives assignee no greater rights than assignor had.-Young v. American Can Co., 230 P. 147.
93 (Okl.) Payment of debt to assignor or release by him after notice to debtor of as- signment to another is no defense to assignee's claim.-American Inv. Co. v. Baker, 230 P. 724. ASSIGNMENTS FOR BENEFIT OF CREDITORS.
I. REQUISITES AND VALIDITY.
63(4) (Okl.Cr.App.) Arrest for felony without warrant may be made when officer has "reasonable cause to believe that felony has been committed.-Gaines v. State, 230 P. 946. (F) Filing, Recording, and Registration. 71 (Okl.Cr.App.) Search of one legally ar-163 (Colo.) Unrecorded power of attorney rested permissible; search for narcotic drugs to distribute assets held not assignment for thrown away by person at time of arrest per- creditors.-Kinney v. Yoelin Bros. Mercantile missible.-Gaines v. State, 230 P. 946. Co., 230 P. 127. ASSUMPTION OF RISK. See Master and Servant, 217–221. ATTACHMENT.
ASSAULT AND BATTERY.
1. CIVIL LIABILITY.
(A) Acts Constituting Assault or Battery and Liability Therefor.
10 (Wash.) Liability of deputy sheriff for making arrest, stated.-Coles v. McNamara, 230 P. 430.
15 (Colo.) Plaintiff held not justified in (A) Nature of Remedy, Causes of Action, precipitating conflict.-Fulton Inv. Co. v. Fras- er, 230 P. 600.
and Parties. (Mont.) "Attachment" defined.-Daley v. Torrey, 230 P. 782.
Advice of attorney held not excuse for re- sisting mortgagee's entry under mortgage to 7 (Mont.) Writ of attachment may issue in secure possession of mortgaged property.-Id. tort action, to cancel oil lease, and recover pen- 15 (N.M.) Instruction held not erroneous alty and damages.-Daley v. Torrey, 230 P. 782. as injecting false issue.-Candelaria v. Gutier- rez, 230 P. 436.
18 (Colo.) Mortgagee's manager held not liable for assault on mortgagor's wife by deputy constable.-Fulton Inv. Co. v. Fraser, 230 P.
26 (Colo.) Plaintiff held required to show that defendant used more force than necessary.
ATTORNEY AND CLIENT. See Criminal Law, 706; District and Prose- cuting Attorneys; Trial, 129–133.
II. RETAINER AND AUTHORITY. 76(2) (Okl.) Death of party employing at- torney to take charge of defense of another does not terminate employment contract.-
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
103 (Colo.) Attorney's bringing suit for partition held ratified by plaintiff.-Thomas v. Mahin, 230 P. 793.
IV. COMPENSATION AND LIEN OF
(A) Fees and Other Remuneration. 147 (Mont.) Attorney's right to contract for compensation stated.-Coleman v. Sisson, 230 P. 582.
165 (Mont.) Cause of action on attorney's contract for compensation held not pleaded.- Coleman v. Sisson, 230 P. 582.
166(1) (Mont.) Attorney must show that he fully informed client as to provisions of contract for compensation.-Coleman v. Sis- son, 230 P. 582.
Cause of action on attorney's contract for compensation held not proved.-Id.
167(2) (Okl.) Fact issues in suit for at- torney's fee of specified amount for jury, un- less waived or reference ordered.-Wolfe v. Campbell, 230 P. 506.
Issue as to what is reasonable attorney's fee for jury. Id.
Reasonable attorney's fee is for jury, not- withstanding plaintiff's prayer for equitable lien against defendants' land.-Id.
cate and books of corporation not liable as stockholder. Duke v. Madill, 230 P. 631. Pledgee of bank stock not liable for super- added liability on ground of estoppel.-Id.
(D) Officers and Agents.
61 (Wyo.) Misapplication completed when funds of bank are misapplied with intent to defraud. State v. Grandbouche, 230 P. 338.
62 (Wyo.) Information not defective in failing to state misapplication of funds by de- fendants, in official capacity as bank directors. -State v. Grandbouche, 230 P. 338.
Manner of willful application of funds suffi- ciently set out in information to apprise de- fendants of crime charged.—Id.
Evidence held to show intent to defraud bank by willful misapplication of funds.-Id.
III. FUNCTIONS AND DEALINGS. (B) Representation of Bank by Officers and Agents.
114 (Mont.) Execution of note transfer of stock, and execution of collateral agreement held single transaction within statute, as re- spects bank's ratification of agent's act.-U. S. Nat. Bank of Red Lodge v. Chappell, 230 P. 1084.
168 (Okl.) Court may decree equitable lien against defendants' land in satisfaction of judg-116(2) (Wyo.) Knowledge of cashier, act- ment on verdict for reasonable attorney's fee. ing as sole representative of bank in purchas- -Wolfe v. Campbell, 230 P. 506. ing notes, held imputed to bank.-Commercial Bank & Trust Co. v. Hauf, 230 P. 539.
189 (Okl.) Defendant not liable to plain- tiffs' attorney unless perpetrating compromise or settlement without notifying attorney.-Hol- ley & Means v. Foster, 230 P. 879.
Notice to warrantor held not to subject de- fendant to liability to plaintiffs' attorney for warrantor's procurement of dismissal without attorney's consent.-Id.
See Livery Stable and Garage Keepers.
II. IN CRIMINAL PROSECUTIONS.
42 (Cal.App.) Bail after conviction matter of discretion for trial judge.-People v. Eise- man. 230 P. 669.
52 (Cal.App.) Aggregate of bail on convic- tions of several charges and consecutive sen- tences not excessive unless excessive separate- ly.-People v. Eiseman. 230 P. 669.
161 (3) (Mont.) Holder of check accepting drawee's draft on third bank, acts at his peril. -Jensen v. Laurel Meat Co., 230 P. 1081.
Generally, bank accepting check for collection becomes liable to owner on nonpayment of draft accepted in lieu of money.-Id.
Collecting bank liable to payee when it ac- cepted draft in payment.-Id.
53 (Cal.App.) Applications for reduction of bail pending appeal denied unless extraor-162 (Mont.) Federal Reserve Bank, in ac- dinary circumstances warranting it have aris- en since conviction.-People v. Eiseman, 230 P.
Increase of bail pending appeal held not abuse of discretion.-Id.
See Assignments for Benefit of Creditors.
BANKS AND BANKING.
I. CONTROL AND REGULATION IN GENERAL.
15 (Kan.) Certificate of deposit held to sufficiently conform with bank commissioner's order to be protected by the bank guaranty fund.-Merchants' Reserve State Bank v. Pe- terson, 230 P. 1056.
II. BANKING CORPORATIONS AND
ASSOCIATIONS.
(C) Stockholders.
44 (Wash.) Making pledgor, and not pledgee, of stock liable as stockholder, not con- trary to constitutional provision as to liability. -Duke v. Madill, 230 P. 631.
48 (2) (Wash.) Pledgee of bank stock fail- ing to show nature of interest on stock certifi-
cepting check for collection for payee, became latter's agent.-Jensen v. Laurel Meat Co., 230
Deposit of check for collection authorizes bank to employ subagents who become directly responsible to depositor.-Id.
163 (Mont.) Drawer's liability held dis- charged.-Jensen v. Laurel Meat Co., 230 P.
Amount charged to drawer's account in pay- ment of check received from collecting bank was held by drawee bank to credit of latter bank.-Id.
171 (2) (Mont.) Holder of check permit- ting funds to remain in hands of drawee, acts at his peril.-Jensen v. Laurel Meat Co., 230 P. 1081.
171(3) (Mont.) Federal Reserve Bank held not negligent in sending check directly to drawee bank for collection.-Jensen v. Laurel Meat Co., 230 P. 1081.
Act of Federal Reserve Bank in sending check direct to drawee bank effected "due pre- sentment for payment."-Id.
171(4) (Mont.) Forwarding check for pay- ment in usual course of business held to con- stitute due diligence.-Jensen v. Laurel Meat Co., 230 P. 1081.
(H) Actions. 227(1) (Kan.) To recover from bank for deprivation of recourse for refund of oil stock purchase plaintiff must prove his right to re- cover had he not been so deprived.-Zecha v. Citizens' State Bank, 230 P. 1058.
IV. NATIONAL BANKS.
233 (Idaho) Congress has exclusive power to determine penalty for usury by national bank.-Curtis v. Western Reporting & Credit Co., 230 P. 771.
270 (9) (Idaho) Penalty for usurious con- tracts of national banks limited to forfeiture of interest where it has not been paid.-Curtis v. Western Reporting & Credit Co., 230 P. 771. No greater penalty than forfeiture of interest can be imposed on national bank in action on usurious contract.-Id.
BILLS AND NOTES.
I. REQUISITES AND VALIDITY. (C) Execution and Delivery.
64 (Idaho) Conditional delivery may be shown as against one not holder in due course. -First Nat. Bank v. Campbell, 230 P. 43.
476(1) (Mont.) Lack of consideration must be affirmatively pleaded.-U. S. Nat. Bank of Red Lodge v. Chappell, 230 P. 1084. General averment is sufficient pleading of want of consideration.-Id.
Pleading of absence of consideration held suf- ficient.-Id.
497 (2) (Idaho) Holder has burden of conditional delivery.-First Nat. Bank v. Camp- showing that he took note without notice of bell, 230 P. 43.
497(5) (Idaho) Burden on plaintiff to prove taking without notice of fraud in pro- First Nat. Bank v. Pond, 230 P. 344. curement pleaded and proved by defendant.-
497 (5) (Kan.) Proof of fraud in inception self holder in due course.-Pioneer Trust Co. v. of note requires plaintiff indorsee to prove it- Combs, 230 P. 302.
525 (Kan.) Evidence held to sustain finding that plaintiff, in action on notes, was not hold- er in due course.-Grubb v. Sargent, 230 P. 1043.
534 (Okl.) Court may render judgment in- cluding contractual attorney's fee, where valid- ity or reasonableness not questioned by plead- ing or proof.-Jackson v. Fennimore, 230 P. 689.
537(1) (Okl.) Direction of verdict held not erroneous.-Jackson v. Fennimore, 230 P. 689. 537(6) (Idaho) Whether purchaser of note shown materially altered on its face is bona fide holder is for jury-General Motors Acceptance Corporation v. Talbott, 230 P. 30.
113 (Idaho) Acceptance of note from payee as security against loss does not estop maker from setting up conditional delivery as defense in action by holder who took with notice, ex-537(6) (Idaho) Verdict may be directed for cept to extent of payment thereon.-First Nat. Bank v. Campbell, 230 P. 43.
IV. NEGOTIABILITY AND TRANSFER.
(A) Instruments Negotiable.
150(1) (Mont.) Notes held negotiable.- Wood v. Ferguson, 230 P. 592.
152 (Wash.) Under law merchant, promise to pay out of particular fund is not uncondi- tional, and instrument so conditioned is non- negotiable.-Manker v. American Sav. Bank & Trust Co., 230 P. 406.
160 (Mont.) Note held not rendered non- negotiable by "attorney's fee" and "costs of collection" provision.-Wood v. Ferguson, 230
173 (Okl.) Check, after dishonor, in hands of purchaser subject to all defenses available against payee.-Parks, Campbell, Findley Mo- tor Co. v. Wolverton, 230 P. 863.
V. RIGHTS AND LIABILITIES ON DORSEMENT OR TRANSFER. (D) Bona Fide Purchasers.
plaintiff who by own and agent's unimpeached testimony shows absence of notice of fraud.- First Nat. Bank v. Pond, 230 P. 344.
Evidence held to justify direction of verdict for plaintiff in action on notes.-Id.
537(6) (Kan.) Uncontradicted evidence showing bank's purchase of note for value be- fore maturity in good faith held to entitle bank to peremptory instruction.-Pioneer Trust Co. v. Combs, 230 P. 302.
BOUNDARIES.
I. DESCRIPTION.
3(8) (Colo.) Stones marking corner held not controlling as against reference in field notes to brook.-Beaver Brook Resort Co. v. Stevens, 230 P. 121.
II. EVIDENCE, ASCERTAINMENT, AND
35 (3) (Colo.) Testimony of one making IN- single survey without license not incompetent; to "practice a profession."-Beaver Brook Re- sort Co. v. Stevens, 230 P. 121.
338 (Mont.) Purchaser of notes held "hold-37 (3) (Colo.) Court held not justified i er in due course."-Wood v. Ferguson, 230 P.
344 (Idaho) Purchaser taking note with installment overdue at date of transfer is not holder in due course.-General Motors Accept- ance Corporation v. Talbott, 230 P. 30. ~~365 (1) (Mont.) Mortgage security not available defense to action on notes against maker and indorsers by holder in due course. -Wood v. Ferguson, 230 P. 592.
accepting surveyor's line from corner fixed by marked trees, in view of other evidence as to location.-Beaver Brook Resort Co. v. Stevens, 230 P. 121.
54(1) (Okl.) Failure to mark recorded plat and field notes filed held not to invalidate sur- vey.-Chisholm v. Blanton, 230 P. 683.
54 (2) (Colo.) Method of establishing lost corner stated.-Beaver Brook Resort Co. v. Stevens 230 P. 121.
369 (Mont.) Independent collateral agree-54 (4) (Okl.) Irregularity in failing to mark ment between parties, limiting liability, cannot recorded plat and field notes filed cannot be be set up against subsequent holder in due raised on collateral attack.-Chisholm v. Blan- course.-Wood v. Ferguson, 230 P. 592. ton, 230 P. 683.
VI. PRESENTMENT, DEMAND, NOTICE, AND PROTEST.
1 (Kan.) Order refusing World War vet- eran's application for compensation, filed after January 1, 1924, held proper.-Waddell v. Kan- sas Soldiers' Compensation Board, 230 P. 77.
405 (Mont.) First due presentment of check for payment fixes rights and liabilities of parties.-Jensen v. Laurel Meat Co., 230 P. (Kan.) Right to soldier's compensation
452 (4) (Wash.) Misrepresentations must be material, and relied upon to one's injury.-
governed by time of service pursuant to call into service, and not by date of enlistment in military reserve organization.-Dellinger Kansas Soldiers' Compensation Board, 230 P.
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