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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.

P. 445.

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.

sup-

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.

reason-

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.

(H) Harmless Error.

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.

errors in

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.

exer-

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

P. 600.

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(F) Mandate and Proceedings in Lower

Court.

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

UNDERTAKINGS.

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.

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327-497.

ASSESSMENT.

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.

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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.

ASSIGNMENTS.

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.

See Garnishment.

I. NATURE AND GROUNDS.

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.

600.

(B) Actions.

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

ATTORNEY.

(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.

(B) Lien.

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.

AUTOMOBILES.

See Livery Stable and Garage Keepers.

BAIL.

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.

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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.

669.

Increase of bail pending appeal held not abuse
of discretion.-Id.

BANKRUPTCY.

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

P. 1081.

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.

1081.

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.

(F) Validity.

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

P. 592.

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

ESTABLISHMENT.

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.

592.

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.

BOUNTIES.

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

1081.

VIII. ACTIONS.

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.

V.

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