1129

INDEX-DIGEST

Chattel Mortgages

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

Soldiers' compensation cases reviewable by
Supreme Court regardless of amount involved.
-Id.
(Kan.) Student nurse, who served during
World War, held entitled to compensation_un-
der Soldiers' Compensation Law.-Lord v. Kan-
sas Soldiers' Compensation Board, 230 P. 1033.
Dietitian, who served in military camp during
World War, held entitled to compensation un-
der Soldiers' Compensation Law.-Id.

65(1) (Okl.) Concealment of prospective
purchaser from owner, unless fraudulent, held
not to forfeit broker's right to commission.-
Stuart v. Mathews, 230 P. 696.

V. ACTIONS FOR COMPENSATION.
82(1) (Kan.) Petition held to state cause
of action for broker's commission.-Frederick
v. Neiberline, 230 P. 75.

88(1) (Okl.) Direction of verdict for de-
fendant not erroneous, where evidence insuf-
ficient to sustain verdict for plaintiff.-Crandall
v. Cousins, 230 P. 511.

88 (3) (Okl.) Whether broker procuring
cause of sale question of fact.-Stuart v. Math-
ews, 230 P. 696.

VI. RIGHTS, POWERS, AND LIABILITIES

AS TO THIRD PERSONS.

100 (Wash.) Owner of land held liable for
fraud of agent acting within apparent author-
ity.-Dickson v. Phillips, 230 P. 630.

BURGLARY.

II. PROSECUTION AND PUNISHMENT.
~41(1) (Okl.Cr.App.) Evidence held insuffi-
cient to sustain conviction in second degree.-
Dobbs v. State, 230 P. 939.

CARRIERS.

I. CONTROL AND REGULATION OF
COMMON CARRIERS.

(A) In General.

CHAMPERTY AND MAINTENANCE.

3 (Mont.) Common-law doctrine as to con-
tracts for compensation of attorneys abolished
by statute.-Coleman v. Sisson, 230 P. 582.

See Equity.

CHANCERY.

CHATTEL MORTGAGES.

1. REQUISITES AND VALIDITY.
(A) Nature and Essentals of Transfers of
Chattels as Security.

6 (Colo.) Written reservation of secret
lien on goods apparently sold absolutely is
"chattel mortgage."-Anglo-American Mill Co.
v. First Nat. Bank, 230 P. 118.

6 (Mont.) Notes to bank for money neces-
sary to take up draft and secure possession of
automobiles purchased by makers held chattel
mortgages.-First Nat. Bank v. Marlowe, 230
P. 374.

II. FILING, RECORDING, AND REGISTRA-
TION.

(A) Original.

gagee required to refile mortgage in county to
89 (Okl.) Showing necessary before mort-
which property removed without his consent
North Oklahoma State Bank of Britton, 230 P.
stated.-Farmers' State Bank of Wheatland v.
914.

Mortgaged property held not "permanently
located" in county to which removed when
second mortgage executed.-Id.

90 (Okl.) Procedure to file copy of chattel
mortgage in county other than where originally
filed, where part of mortgaged property lo-
cated, stated.-New Era Milling Co. v. Thomp-
son, 230 P. 486.

Filing by county clerk of unauthenticated
copy of chattel mortgage, in lieu of original,
held nullity.-Id.

III. CONSTRUCTION AND OPERATION.
(B) Parties and Debts or Liabilities Se-
cured.

110 (Wash.) Liens of laborers held suffi-
cient to justify payment as against second
230 P. 162.
mortgagees.-Shoemaker v. White-Dulaney Co.,

Cost of sacks for marketing wheat held prop-
erly deducted from proceeds of sale as against
second mortgagee.-Id.

Advances by first mortgagee to mortgagor for
caring for and harvesting wheat held covered by
mortgage.-Id.

(D) Lien and Priority.

8 (Wash.) Courts will not interfere with 138(3) (Kan.) Lien of tenant's crop mort-
action of department of public works, unless gage inferior to landlord's statutory rent lien.
unfair, arbitrary, or in disregard of testimony.--Snodgrass v. Carlson, 230 P. 83.
In re Stolting, 230 P. 405.

II. CARRIAGE OF GOODS.
(J) Charges and Liens.
197(2) (Kan.) No transportation lien on
property tortiously shipped without owner's
consent.-Swinson v. Atchison, T. & S. F. Ry.
Co., 230 P. 1046.

IV. CARRIAGE OF PASSENGERS.
(D) Personal Injuries.

321 (21) (Cal.App.) Instruction on burden
of proof after proof of accident to passenger
held error.-Gray v. Los Angeles Ry. Corpora-
tion, 230 P. 970.

150(1) (Okl.) Record of filing of mortgage
executed under fictitious name ordinarily not
notice; recorded purchase-money mortgage un-
der fictitious name held valid against subse-
quent mortgagee.-Farmers' State Bank of
Wheatland v. North Oklahoma State Bank of
Britton, 230 P. 914.

152 (Colo.) Written reservation of secret
lien on goods apparently sold absolutely is
"chattel mortgage," and void as to third person
when unrecorded.-Anglo-American Mill Co. v.
First Nat. Bank, 230 P. 118.

IV. RIGHTS AND LIABILITIES OF
PARTIES.

162 (Colo.) Right to take possession of
mortgaged property on condition broken im-

French, 230 P. 837.

plies right of entry.-Fulton Inv. Co. v. Fraser, I interstate commerce.-Northern Cedar Co. v.
230 P. 600.
Possession of mortgaged wheat held recov-58 (Kan.) Public Utilities Commission's or-
erable by mortgagee on condition broken with- der requiring interstate train to stop held un-
out action in replevin.-Id.
constitutional interference with interstate com-
merce.-State v. Missouri, K. & T. R. Co., 230
P. 329.
COMMERCIAL PAPER.

177(2) (Mont.) Fatal variance between al-
legations of possession under mortgage and
proof of possession under subsequent agree-
ment of sale.-Torgerson v. Stocke, 230 P.

1096.

V. RIGHTS AND REMEDIES OF CRED-
ITORS.

194 (Colo.) Written reservation of secret
lien on goods apparently sold absolutely is
"chattel mortgage," and void as to third person
when unrecorded.-Anglo-American Mill Co. v.
First Nat. Bank, 230 P. 118.

See Bills and Notes.

COMMISSIONERS.

See Public Service Commissions.
COMMUNITY PROPERTY.
See Husband and Wife, 249.

COMPOSITIONS WITH CREDITORS.

20 (Cal.App.) Executrix held entitled to
signee.-Equitable Life Assur. Soc. of U. S.
v. Jacobson, 230 P. 200.

198 (Colo.) Failure of vendor asserting
lien to take possession after default of pur-proceeds of life insurance policy as against as-
chaser held to defeat priority.-Anglo-American
Mill Co. v. First Nat. Bank, 230 P. 118.
VIII. PAYMENT OR PERFORMANCE
CONDITION, RELEASE, AND

SATISFACTION.

OF 21 (Cal.App.) Claims of indorser and cred-
itors consenting to maker's assignment of notes
to indorser discharged by performance of con-
tract and application of assigned property to
payment of indebtedness.-Equitable Life As-
sur. Soc. of U. S. v. Jacobson, 230 P. 200.
COMPROMISE AND SETTLEMENT.
See Accord and Satisfaction; Compositions
with Creditors.

235 (Wash.) Payment by purchaser of
mortgaged chattels in good faith to persons en-
titled protects such purchaser.-Shoemaker v.
White-Dulaney Co., 230 P. 162.

Purchaser or first mortgagee of wheat pay-
ing laborers' liens held not to deprive second
mortgagee of day in court.-Id.

IX. FORECLOSURE.

CONDEMNATION.

274 (Colo.) Chattel mortgage securing in- See Eminent Domain.
debtedness which had no time for payment fix-
ed must be foreclosed within reasonable time.
-Anglo-American Mill Co. v. First Nat. Bank,
230 P. 118.

277 (Wash.) Answer of codefendant in
foreclosure action held at most disclaimer of
interest in mortgaged property.-Olson v. Lida,
230 P. 643.

Owner of goods not covered by mortgage held
not required to show ownership thereof or to
anticipate entry of erroneous decree.-Id.

283 (Wash.) Foreclosure decree held erro-
neous as embracing property not covered by
mortgage.-Olson v. Lida, 230 P. 643.

CONDITIONAL SALES.

See Sales, ~450-479.

CONSTITUTIONAL LAW.
351⁄2-114.

See Statutes,

For validity of statutes relating to particular
subjects, see also the various specific topics.

I. ESTABLISHMENT AND AMENDMENT OF
CONSTITUTIONS.

~9(1) (Okl.) Two-thirds vote of all mem-
bers of both houses of Legislature necessary to
Claimant of property may have proper fore-order special election for vote on constitu-
closure decree entered, independently of right tional amendment.-State v. State Board of
against sheriff for taking property.-Id.
Equalization, 230 P. 743.

CLERKS OF COURTS.

8 (Kan.) Unlawful retention of interest on
money in official custody held to involve "moral
turpitude," within statute providing for ouster.
-State v. Anderson, 230 P. 315.

Constitutional amendment by special election
not ordered by two-thirds of both houses of
Legislature held void.-Id.

II. CONSTRUCTION, OPERATION, AND EN-

FORCEMENT OF CONSTITU-
TIONAL PROVISIONS.

13 (Mont.) People's intent as found in
Constitution itself enforced.-State v. Moody,
230 P. 575.

14 (Mont.) All constitutional provisions
dealing with same subject-matter considered,
in determining meaning of doubtful expression.
-State v. Moody, 230 P. 575.

Definite meaning embodied in words employed,
in order of grammatical arrangement, cannot
be changed by courts or Legislature.-Id.
Words of Constitution presumed employed
in natural and ordinary meaning.-Id.
Meaning of Constitution, when adopted, can-
not be changed by judicial construction.-Id.
chapters and sections not significant in con-
15 (Mont.) Division of Constitution into
struction and interpretation.-State v. Moody,
230 P. 575.

70 (Kan.) Keeping by clerk of district
court, for own benefit, interest on money, in26 (Mont.) Constitution is restriction on
official custody, unlawful.-State v. Anderson, State v. Moody, 230 P. 575.
power of departments of state government.-

230 P. 315.

COMMERCE.

III. MEANS AND METHODS OF REGULA-

TION.

45 (Mont.) Court cannot give relief from
inequalities resulting from taxation at valua-
tion fixed by Constitution.-State v. Moody, 230
P. 575.

57 (Wash.) Commission Merchants' Regu-46(1) (Wash.) Supreme Court obligated to
lation Act held not void as interference with decide validity of section of act before waiting

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
for exercise of power given by act, and as-309(1) (Wash.) Notice and hearing essen-
sailed.-Northern Cedar Co. v. French, 230 P. tial to due process, without which judgment
837.
not respected by other courts.-Morley v. Mor-
ley, 230 P. 645.

48 (Idaho) Statute not held invalid unless
repugnance. to Constitution appears beyond
reasonable doubt.-State v. Dunbar, 230 P. 33.
48 (Okl.) Strong presumption exists in fa-
vor of constitutionality except in case's involv-
ing citizens' rights, privileges, and immunities.
-Board of Equalization of Muskogee County
v. Exchange Nat. Bank of Muskogee, 230 P.
728.

GOVERNMENTAL

POWERS AND FUNCTIONS.

(B) Judicial Powers and Functions.

318 (Wash.) Requirement of notice applies
to proceedings before administrative officers.-
Northern Cedar Co. v. French, 230 P. 837.
Section 8 of Commission Merchants' Regula-
tion Act held void as permitting annulment of
license without opportunity to be heard.—Id.
CONTEMPT.

See Injunction, 223.
CONTINUANCE.

68(1) (Wash.) Whether evils exist in busi-See Criminal Law, 586–599.

continuance for absent witness held not abuse
of discretion.-Valley Lands & Investment Co. v.
Killean, 230 P. 393.

ness affecting public, so as to require regula-26 (6) (Colo.) Overruling trial motion for
tion, is generally question for Legislature.-
Northern Cedar Co. v. French, 230 P. 837.
70(1) (Colo.) Court will not, by judicial
legislation, supply lack of statute.-Ellis v.
Moses, 230 P. 802.

70(1) (Mont.) Courts cannot disregard
plain meaning of statute.-Daley v. Torrey, 230

P. 782.

70(3) (Wash.) Court may consider wheth-
er statute is constitutional, but not whether it
is wise.-Northern Cedar Co. v. French, 230
P. 837.

Commission Merchants' Regulation Act, lim-
iting charge which broker may impose on pro-
ducer, held not void as destructive of business.
-Id.

V. PERSONAL CIVIL AND POLITICAL
RIGHTS.

83(3) (Wash.) Commission Merchants'
Regulation Act not void as violative of consti-
tutional prohibition against imprisonment for
debt.-Northern Cedar Co. v. French, 230 P.

837.

CONTRACTS.

See Assignments; Bills and Notes; Champerty
and Maintenance; Compositions with Credi-
tors; Exchange of Property; Frauds, Statute
of; Guaranty; Money Lent; Novation;
Sales; Specific Performance; Stipulations;
Vendor and Purchaser.

I. REQUISITES AND VALIDITY.
(A) Nature and Essentials in General.
9(1) (Mont.) Contract as to development
of mining property held not void for indefinite-
ness.-Lee v. Lee Gold Mining Co., 230 P.
1091.

9(3) (Mont.) Contract to finance develop-
ment of mining claims not invalidated by fail-
ure to specify time for beginning and complet-
ing operations.-Lee v. Lee Gold Mining Co.,
230 P. 1091.

90 (Kan.) Criminal syndicalism statute held 10(6) (Mont.) Contract as to development
not unconstitutional, as violating freedom of of mining property held not void for lack of
speech and press.-State v. Fiske, 230 P. 88. mutuality.-Lee v. Lee Gold Mining Co., 230
P. 1091.

VIII. RETROSPECTIVE AND EX POST
FACTO LAWS.

203 (Cal.App.) Considering conviction ob-
tained before act increasing punishment for
subsequent offenses enacted violative of ex
post facto provision.-People v. Pagni, 230 P.

1001.

IX. PRIVILEGES OR IMMUNITIES. AND

CLASS LEGISLATION.

205(5) (Cal.App.) Ordinance applicable to
solicitors held void as discriminatory.-Ex par-
te Robinson, 230 P. 175.

X. EQUAL PROTECTION OF LAWS.

211 (Wash.) Legislative act is not invalid
as discriminatory, so long as classification is
reasonable.-Northern Cedar Co. v. French, 230

P. 837.

(C) Formal Requisites.

32 (Utah) Intention to commit verbal con-
does not affect such contract.-Calumet Refin-
tract, whose terms were understood, to writing,
ing Co. v. Star Lubricating Co., 230 P. 1028.

(D) Consideration.

73 (Mont.) Agreement to forbear to en-
force legal right is sufficient consideration to
support contract.-Doorly v. Butte & Western
Silver Mines, 230 P. 779.

240(1) (Cal.App.) Ordinance prohibiting
Sunday display of motion pictures except by re-
ligious and philanthropic societies held consti- (Mont.) Contract for fees contingent
tutional.-West Coast Theatres v. City of Po-
on alimony awarded wife in pending divorce
mona, 230 P. 225.
action void.-Coleman v. Sisson, 230 P. 582.
249 (Okl.) Law providing reasonable at-137(3) (Or.) Attempted land contract also
torney's fee fixed by court as costs for success- agreeing to convey interests of incompetent
ful party in lien enforcement act held not denial and minor heirs without county court author-
of equal protection of law.-Ardmore Hotel Co. ity held entire and not separable.-Boyd v.
v. J. B. Klein Iron & Foundry Co., 230 P. 734. Boyd, 230 P. 541.

XI. DUE PROCESS OF LAW.

258 (Kan.) Criminal syndicalism statute
held not violative of due process clause.-State
v. Fiske, 230 P. SS.

296(1) (Cal.App.) Ordinance prohibiting

138(3) (Or.) Either party to void execu-
tory contract may sue to set it aside and re-
cover all expenditures in part performance.-
Boyd v. Boyd, 230 P. 541.

II. CONSTRUCTION AND OPERATION.

Sunday display of motion pictures except by re- (A) General Rules of Construction.
ligious and philanthropic societies held valid.-143 (Mont.) Courts interpret contracts, but
West Coast Theatres v. City of Pomona, 230 cannot make them.-Batchoff v. Melzner, 230
P. 225.
P. 48.

147(1) (Mont.) Purpose of parties, not
form of instrument, determines its legal effect.
-First Nat. Bank v. Marlowe, 230 P. 374.

30 (2) (Colo.) Generally incorporators and
promoters of abandoned corporation are liable
to purchasers of stock.-Alderman v. Thimgan,

147(1) (Mont.) Subject-matter and pur- 230 P. 620.
poses of execution material in ascertaining_in-
tention and meaning of terms.-Lee V. Lee IV. CAPITAL, STOCK,
Gold Mining Co., 230 P. 1091.

AND DIVIDENDS.

(D) Transfer of Shares.

Interpreted so as to give effect to parties' in-120 (Kan.) Seller's promise to refund pur-
tention at time of contracting.-Id.
chase price of stock carries implication of re-
quest within reasonable time.-Zecha v. Citi-
zens' State Bank, 230 P. 1058.

147 (3) (Mont.) Intention gathered from
entire agreement.-Lee v. Lee Gold Mining Co..
.230 P. 1091.

152 (Mont.) Definite meaning embodied in
words employed, in order of grammatical ar-
rangement, cannot be changed by courts or
Legislature.-State v. Moody, 230 P. 575.
determining whether
171(1) (Idaho) In
severable, contract and circumstances
rounding execution must be considered.-Spo-
kane Cattle Loan Co. v. Crane Creek Sheep
Co., 230 P. 772.

sur-

Whether facts
176(1) (Okl.)
claimed
breached contract as matter of law for court.
-Wright v. State, 230 P. 268.

(D) Place and Time.

121(6) (Kan.) 15 months might be found
unreasonably long time within which to re-
quest return of stock purchase price.-Zecha
v. Citizens' State Bank, 230 P. 1058.

VI. OFFICERS AND AGENTS.

(C) Rights, Duties, and Liabilities as to
Corporation and Its Members.
~314(4) (Okl.) President and general man-
ager cannot apply corporate property to pay-
ment of individual debts.-McKenney v. Camp-
bell, 230 P. 228.

VII. CORPORATE POWERS AND

LIABILITIES.

tract, for corporation not then in being, im-
possible.-U. S. Smelting, Refining & Mining
Exploration Co. v. Wallapai Mining & Develop-
ment Co., 230 P. 1109.

211 (Okl.) Time not considered as of es-
sence of contract, unless such intention plainly (B) Representation of Corporation by of-
ficers and Agents.
expressed.-Marshall v. Miller, 230 P. 494.
212(2) (Colo.) Indebtedness, time of pay-397 (Ariz.) Agency, in execution of con-
ment of which is not fixed, is payable on de-
mand or within reasonable time.-Anglo-Amer-
ican Mill Co. v. First Nat. Bank, 230 P. 118.
212(2) (Okl.) Reasonable time allowed for
performance of act where no time specified.-399 (1) (Okl.) Authority of corporation of-
ficer or agent may be implied.-Ardmore Hotel
Vanlandingham v. Newberry, 230 P. 726.
of
capable
Co. v. J. B. Klein Iron & Foundry Co., 230 P.
being per-
214 (Okl.) Act
formed instantly must be performed immedi- 734.
ately on ascertaining the thing to be done.-399 (7) (Idaho) Agent authorized to in-
Vanlandingham v. Newberry, 230 P. 726.

III. MODIFICATION AND MERGER.

248 (Okl.) Direction of verdict for plain-
tiff, where evidence wholly fails to support sole
defense, not erroneous.-Freeman v. W. T.
Rawleigh Co., 230 P. 900.

V. PERFORMANCE OR BREACH.
299 (2) (Cal.App.) Obligation to answer
for losses caused by delays, for which control
of work makes party responsible, implied.
Steel Tank & Pipe Co. of California v. Pa
cific Fire Extinguisher Co., 230 P. 978.

Contractor may recover for work performed
and damages from being prevented from com-
pleting contract by other party's fault.—Id.
311 (Okl.) Promisor presumed intending to
bind personal representative by contract, un-
less express words of limitation or subject-
matter show contrary.-Spurr v. Pryor &
Stokes, 230 P. 267.

by

VI. ACTIONS FOR BREACH.
346 (15) (Cal.App.) Finding contract
one defendant not variance from complaint
charging two with liability.-Blumer v. Rauer,
230 P. 964.

CONTRIBUTION.

4 (Kan.) Maker who paid judgment, pro-
cured by payee's indorsee against maker and
payee, is not entitled to contribution from
payee.-Baumgarten v. Harding, 230 P. 297.
CONVERSION.

See Trover and Conversion.

CORPORATIONS.

See Banks and Banking; Carriers; Electricity;
Municipal Corporations; Public Service Com-
missions; Railroads; Street Railroads; Tele-
graphs and Telephones.

I. INCORPORATION AND ORGANIZATION.
(Wash.) Corporate entity disregarded,
where one uses another as mere agency.-Platt
v. Bradner Co., 230 P. 633.

spect sheep and renew loans thereon had im-
plied authority to contract for supplies to out-
fit on which principal had mortgage to full
value of sheep.-Madill v. Spokane Cattle Loan
Co., 230 P. 45.

406 (4) (Ariz.) That party making contract
was general or field manager of corporation
held not to show his agency therefor.-U. S.
Smelting, Refining & Mining Exploration Co. v.
Wallapai Mining & Development Co., 230 P.
1109.

414(2) (Cal.App.) Corporation held not en-
titled to recover amount paid by it on notes, as
signed by makers with payee's consent to its
president, who indorsed them personally.-Eq-
uitable Life Assur. Soc. of U. S. v. Jacobson,

230 P. 200.

416 (Wash.) Writing signed by president
held insufficient to bind corporation, under stat-
ute, as guaranty of debts of another corpora-
tion.-Platt v. Bradner Co., 230 P. 633.

422 (3) (Wash.) President may bind by his
authorized declarations and admissions against
interest.-Platt v. Bradner Co., 230 P. 633.

428(1) (Wyo.) Rule as to imputation of
knowledge of sole acting agent stated.-Com-
mercial Bank & Trust Co. v. Hauf, 230 P. 539.

432 (5) (Ariz.) Burden of proving agency
of party contracting on party alleging fact.-
U. S. Smelting. Refining & Mining Exploration
Co. v. Wallapai Mining & Development Co.,
230 P. 1109.

432 (6) (Ariz.) Letter heads held not com-
petent evidence of agency.-U. S. Smelting. Re-
fining & Mining Exploration Co. v. Wallapai
Mining & Development Co., 230 P. 1109.

(F) Civil Actions.

518(1) (Okl.) Evidence of ratification of
acts of officers or agents admissible under gen-
eral averment or that acts were done by cor-
poration.-Ardmore Hotel Co. v. J. B. Klein
Iron & Foundry Co., 230 P. 734.

XII. FOREIGN CORPORATIONS.

642(41⁄2) (Kan.) Relation of seller and
buyer, and not of principal and agent created
by contract, so that it was not doing business

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
in state, within statute.-J. R. Watkins Co. v. | 90(1) (Colo.) Rule of stare decisis held to
Waldo, 230 P. 1051.

228 (Ariz.) Statute held not to exempt
county from costs of litigation.-Graham Coun- See Abortion; Assault and Battery, 48-96;
ty v. Cochran, 230 P. 1112.

90(1) (Colo.) Former decision that manda-
mus lies to compel issuance of building per- (A) Place of Bringing Prosecution.
mit controls.-City Council of City and Coun-12(1) (Wyo.) Misapplication of bank
ty of Denver v. United Negroes Protective funds committed in county of venue.-State v.
Ass'n, 230 P. 598.
Grandbouche, 230 P. 338.