PAGE.

INSANITY. See Criminal Law.
INSURANCE (FIRE), Agent may not insure in his
own favor. White v. Lancashire Ins. Co. (Ontario
Ch.)
2-Condition against seizure on execution; mistakes of
agent in writing application. Smith v. Farmers &
Mech. Ins. Co. (Penn. 8. C)...
3.-Limitation of action clause in policy; successive
actions. Arthur v. Homestead F. Ins. Co. (N. Y.
App.)

378

318

453

55

4.- Where a policy contains a stipulation that company
shall have sixty days to pay loss, and that no action
will be brought after twelve months from date of
loss, the twelve months begin to run from the date
that the loss occurred. Johnson v. Humboldt Ins.
Co. (Ill. S. C.)..
503
5.-Brokerage; when payment to broker binds com-
pany. Lycoming F. Ins. Co. v. Ward (III. S. C.).... 278
6.-Evidence; expert testimony. Williams v. Niagara
Ins. Co. (Iowa S. C.)....
7.-Conditions as to foreign companies in statute; effect
of stipulation as to service of process. Osborne &
Woodbury v. Shawmut Ins. Co. (Vt. S. C.)
&-Upon an information for burning a building with
intent to defraud an insurance company, it is not
necessary to prove the legal existence of the com-
pany. If a foreign company, the certificate of the
State insurance commissioner, that the company has
complied with the law, is sufficient. State v. Byrne
(Conn. S. C.).

397

136

378

456

236

278

55

136

9.-Condition as to fall of buildings, effect of. Hicks
v. Globe Ins. Co. (Mass. S. C.)....
10.-Insurable interest of equitable owner; misstate-
ments as to title. Walsh v. Fire Association (Mass.
S. C.)....
11.-False representations as to incumbrances, question
for court. Ryan v. Springfield Ins. Co. (Wis. S. C.).. 40
12.-Fraudulent representations invalidate policy.
though not warranties; waiver Ryan v. Springfield
F. & M. Ins. Co. (Wis. S. C.).
13. Where there is a condition as to over-valuation,
false and intentional representations as to value by
insured will avoid the policy. Boutelle v. Westches-
ter F. Ins. Co. (Vt. S. C.)
14.-A provision in a policy that proof of loss must be
made before the nearest magistrate must receive a
liberal construction. Williams v. Niagara Ins. Co.
(Iowa S. C.) ...
15.--Provision providing for lapse of policy when inter-
est on part of assured ceases, a foreclosure of a first
mortgage and conveyance of property constitutes a
transfer and terminates policy. Bishop v. Clay Ins.
Co. (Conn. S. C.)
16.-Company is not liable for loss on a policy containing
a provision that premises were to be occupied, and
such premises were destroyed by fire while unoccu-
pied. McClure v. Watertown F. Ins. Co. (Penn. S. C.), 236
17.-Vacancy of premises. Short v. Home Ins. Co. (Buf-
falo Sup. Ct.).
18.-Under a policy requiring notice if the premises be-
come vacant, and the assured fails within six weeks
to give such notice, the company is relieved from
liability during period of vacancy. Alston v. Old
North State Ins. Co. (N. C. S. C.)
19.-By terms of a policy the same was to become void
if premises should be mortgaged. A mortgage made
invalid by wife not joining, would not annul the
policy. Watertown Fire Ins. Co. v. Grover & B. S.
M. Co. (Minn. S. C.)..
20.--Parol agreement with agent-waiver of conditions.
Williams v. Niagara Ins. Co. (Iowa S. C.)
21.-Policy cannot be cancelled by company in the ab-
sence of a stipulation to that effect. Rothschild v.
American Cent. Ins. Co. (St. Louis App.)...
22.-Reinsurance; original insured not in privity with
reinsurer; rights of reinsured company. Gantt v.
Amer. Ins. Co. (Mo. S. C.)

23.-Stipulations as to explosions. Dows y. Faneuil Hall
Ins. Co. (Mass. S. C.)..

24.-Construction of warranty; what does not avoid

54

278

214

55

318

319

457

383

374

policy. Redman v. Hartford F. Ins. Co. (Wis. S. C.), 214
25.-Under a policy insuring certain wearing apparel
contained in a certain house against loss by fire, the
insurer is liable for its destruction by fire while it is
being worn away from the house. Longueville v.
Western Assur. Co. (Iowa S. C.)..
26.-Delivery of policy in favor of wife, not essential;
assurable interest; assignment by wife, when in-
valid. Fowler v. Butterfly (N. Y. App.).
27.-Declaration of future intentions in an application
for a life policy is not warranty. Knecht v. Mutual
L. Ins. Co. (Penn. S. C.)..
INSURANCE (LIFE.) Endowment, non-forfeiture
policy. Effect of insured party crossing sea without
consent. Douglass v. Knickerbocker L. Ins. Co.
(N. Y. Superior)...
3.-False representations. Intemperate drinking is
drinking to such an extent as to impair constitution
or general health. McGinley v. U. S. L. Ins. Co.
(N.Y. App.)
3.-Concealment, in application, of material facts, will
entitle the insurance office to have the contract re-

4. No new consideration is necessary to support a
waiver by an insurance company respecting time of
receiving proofs of loss, and mere acts indicating an
intention to waive such defense will operate as a
waiver Prentiss v. Knickerbocker L. Ins. Co. (N.
Y. App.)......
5.-Where one takes out a policy on his life for benefit
of his wife, and the company fails in his life-time,
he may sue in his own name to recover premiums.
Universal L. Ins. Co. v. Coghill (Va. App.)..
6.-Receiver; notice for claims; statutory construction,
2 R. S. 470, 8 75; policy-holders not partners but
creditors; rule for estimating value of policies;
priority of claims People v. Security L. Ins. Co... 293
7.-Suicide, condition as to non-liability of company in
case of. Adkins v. Columbia L. Ins. Co. (Mo. S. C.), 491
See Corporations; Evidence.

158

INSURANCE (MARINE). Partial loss; cost of
repairs; allowance of one-third new for old; suing
and laboring clause; salvage expenses. Aitchison v.
Lohne (Eng. H. of L.)...
476

2.-Policy on vessel not liable to maritime lien. The
Peshtigo (U. S. D. C., Mich.)
3.-Where there is an insurance upon a vessel "against
actual total loss," and after her disaster she remains
a vessel, and reaches her destination as such, the
underwriter is not liable. Burt v. Brewers & Malts-
ters' Ins. Co. (N. Y. App.)...
INTEREST. After maturity on contracts reserving
a rate of interest; different statutory rate. Holden
v. Freedman S. & T. Co. (U. S. S C.)....
2.-When not allowable on unliquidated demand. White
v. Miller (N. Y. App.).....

378

335

352

JUDGMENT. Conclusive only to parties and privies;
fraudulent transfer; creditors and sheriff may at-
tack; variance. Raymond v. Richmond (N. Y.
App.)
2.-When not a lien on land. Long v. Hagerstown Ag.
Imp. Co. (Va. S. C.).
3.-Note, powers given in, transferability by delivery.
Clements v. Hull (Ohio S. C.)

See Bankruptcy; Practice.
JUDICIAL SALE. A purchaser of land at a par-
tition sale has a right to a good title and should not
be put to the hazard of a con test with other parties
which may diminish value of purchase. Jordan
v. Poillon (N. Y. App.) ...
JURISDICTION. State courts have not, of action
to set aside judgment in fraud of Bankrupt Law.
Hecht v. Springstead (Iowa S. C.)..

2. In an action on a contract the jurisdiction of the
Marine Court can only be maintained on the theory
that the suit is upon a contract made with defend-
ant in New York city. Kelly v. Lehigh Valley
Coal Co. (N. Y. C. P.)..

3. Right of foreign subject to bring suit in United
States courts; transfer of title for purpose of giving,
allowable. Laveaga v. Williams (U. S. C. C. Cal.).
4. When neither of the parties to a marriage resides
in the State, the court will not take jurisdiction of a
suit to annul the marriage on the ground that the
contract was made in the State. Blumenthal v.
Tannenholz (N. J. Ch.)...

483

314

233

377

74

213

157

336

234
5.-Courts have no jurisdiction to issue warrant for
arrest in suit for salvage against ship of war of a
foreign country. The Constitution (Eng. P. C.)........ 159
6.-In proceedings supplementary to execution, the
court has no jurisdiction to make an order of payment
of moneys upon which a third person has claim; its
alienation can only be enjoined. Sebrauth v. Dry
Dock Sav. Bank (N. Y. C. P.)
7.-Surrogate may not allow counsel fees to attorney
against estate or executor. Seaman v. Whitehead
(N. Y. App.).

See Bankruptcy: Criminal Law; Maritime Law;
Partnership; Removal of Cause; Statutory Con-
struction.

LABORER. Overseer on a farm is not, within
meaning of a statute giving lien on crops in favor
of laborers. Whitaker v. Smith (N. C. S. C.).......
LACHES. What does not constitute. Matter of Peti-
tion of Lord (N. Y. App.).....
LANDLORD AND TENANT. An action for
damages for injuries received by reason of an un-
safe access to a building will not lie against the
owner but against the tenant. Mellen v. Morrill
(Mass. S. C.)...

2.-End of old and beginning of new tenancy. Ahearn
v. Bellman (Eng. App.)..

3.-Eviction; a tenant suffering eviction from a part of
premises, and holding possession of another part,
is liable for rent of part so held. Seabrook v. Moyer
(Penn. S. C.)
4.-Tenant may not deny landholder's title. Morrison
v. Bassett (Minn. S. C.)..

197

315

394

293

56

163

16

413

MALICIOUS PROSECUTION, Agent; author-
ity of, to arrest offenders and institute criminal pro-
ceedings can only be implied when his regular du-
ties cannot be discharged unless he has power to
apprehend offenders on the spot. Bank of New
South Wales v. Owston (Jud. Com. of Priv. C.)...... 32
MANDAMUS. Discharge from fire department; re-
view of findings of commissioners. People ex rel.
Donovan v. Board of Fire Com'rs (N. Y. Åpp.).......
2.-Judicial errors cannot be corrected by. Ex parte
Perry (U. S. S. C.)

74

474

234

3.-Not remedy for abuse of judicial power by city off-
cers. People ex rel. Francis v. Troy (N. Y. App.).. 269
4.-Office of writ of; when it will lie to compel judge to
sign exceptions; practice when judge is required to
sign exceptions; notice. Page v. Clopton, J. (Va.
S. C.)..
5.-Relator for a valid claim against a contractor took
an order for funds due from school board in pay-
⚫ment. Board issued a voucher to comptroller who
refused to pay. Held, that mandamus would lie.
People ex rel. Dannat v. Comptroller of New York
City (N. Y. App.).

6.-A writ of, directed to a railroad company is only
properly served by delivering it to an officer or
director of company. State v. Penn. R. R. Co. (N.
J. S. C.)

MARGINS. See Contract.
MARITIME LAW. Action to recover illegal fees
paid to United States shipping commissioners lies
in State court. American S. S. Co. v. Young (Penn.
S. C.).
2.-Arrest of vessel by master terminates his employ-
ment. Budge v. Mott (Wis. S. C.)
3.-Collision; warrant to arrest mail packet belonging

74

43

353

496

to foreign State; treaty-making power of crown;
jurisdiction. The Parliament Belge (Pro. Div.)..258, 282
4.-Deviation from a voyage for the purpose of saving
life is justifiable, but not for the mere purpose of
saving property. Scaramanga v. Stamp (C. P. D.).343, 398
5.-General average; expense of warehousing cargo, and
leaving port of refuge; usage of average adjusters;
usage to be binding must be in accordance with law.
Atwood v. Sellar (Eng. Q. B. Div.)
6.-Mortgage of a vessel is not a maritime transaction,
and admiralty courts will not enforce the payment;
rights of masters and mortgagees. Adams v. Steam-
boat Wyoming (U. S. D. C. N. J.)
See Bill of Lading; Charter-party; Insurance (Ma-
rine); Jurisdiction.

339

257

476

MARRIAGE. Conflict of laws; lex loci contractus,
liability for ante-nuptial debts contracted abroad.
De Grenchy v. Wills (Eng. C. P. D.)
2.-The fact that a man and woman live and cohabit
together, and hold themselves out as man and wife,
is not sufficient to establish marriage and legitimacy
of offspring, when during life-time of woman the
man was legally married to another. Jones v. Jones
(Md. App.)...
3.-Validity of, by foreigners; by what law determined.
Sottomayor v. De Barros (Eng. P. D. & A. Div.).. 450
4.-A marriage in Scotland, by parties who have not

lived in the country for twenty-one days, is invalid.
Lawford v. Davies (Eng. P. D.)

288

159
5.-Void one confers no rights, and need not be judici-
ally declared so. Drummond v. Irish (Iowa S. C.). 376
See Action; Breach of Promise; Jurisdiction; Statute
of Limitations.

294

MARRIED WOMAN. Estate of, liable for debts
for benefit of. Dale v. Robinson (Vt. S. C.).
2. Operation of mechanics' lien against estate of mar-
ried woman. A knowledge of the work being per-
formed, is enough to charge her separate estate.
Husted v. Mathes (N. Y. App.)..
3.-Increase of property of, not liable for husband's
debts. Russell v. Long (Iowa S. C.)

117

475

316

4. May under Nebraska statute contract with and sue
her husband. May v. May (Neb. S. C.)....
See Bankruptcy; Husband and Wife; Will.
MASTER AND SERVANT. Contributory negli-
gence. An employer, introducing improved machin-
ery, must take precautions for protection of employ-
ees. Swoboda v. Ward (Mich. S. C.)
2.-Master is not not liable for acts of servant, not in
line of duty. Golden v. Newbrand (Iowa S. Č.)
3.-Defendants, a railroad company, supplied engines,
men, etc., for working another railroad on which
plaintiff's servant travelled, and was injured by a

16

355

MASTER AND SERVANT-Continued.

PAGE.

collision between trains of the two companies; held,
that the action was for a pure tort and could be
maintained. Berringer v. Great E. Ry. Co. (C. P.
D.)....
See Negligence.

MEASURE OF DAMAGES. See Trespass.
MECHANICS' LIEN. Chap. 478, Laws of 1862, lien
continues if proceedings are commenced within the
year until judgment; costs must be paid out of pro-
ceeds of sale. Fox v. Kidd (N. Y. App.)..
2.-Extra-territorial force; improvements upon land.
Birminghan Iron Foundry v. Glen Cove Starch Mfg.
Co. (N. Y. App.).............

See Married Woman.
MERCANTILE AGENCY Mercantile agencies
are not liable for losses to subscribers acting upon
information collected by their agents. Rohrback v.
Germania F. Ins. Co. (U. S. C. C. Penn.)..
MERGER. When mortgage debt not extinguished
by. Tucker v. Crowley (Mass. S. C.).....
2.-When one purchases mortgaged premises, assuming
the indebtedness and taking assignment of mort-
gage, the mortgage is extinguished and cannot be
revived by an assignment to third party. Winans
v. Wilkie (Mich. S. C.)......
MORTGAGE.

Certificate of mortgagor executed
after the mortgage, stating that he has no defense
to the same, will estop mortgagor from setting up a
fraudulent negotiation of such mortgage as against
a purchaser for value. Robertson v. Hay (Penn. S.
C.).
2.-Assumption of, does not inure to benefit of grantor;
remedy of grantor for breach of covenant descends
to him. Ayres' Admx. v. Dixon (N. Y. App.).
3.-Assumption; release of contract by grantor. Youngs
v. Trustees of Public Schools (N. J. C. of E.).... 276
4.-Chattel mortgage; fraudulent conveyance; evidence
276
of fraud. Cheatham v. Hawkins (N. C. S. C.)....
5.-Chattel mortgage is valid on after-acquired goods
when a clause in the mortgage provides that the
stock shall be kept up to present value until debt is
paid. Cadwell v. Pray (Mich. S. C.)..
6.-A partner may without consent of his copartner exe-
cute a chattel mortgage on firm property to secure
a partnership debt. Woodruff v. King (Wis. S. C.).. 352
7.-A mine or quarry opened by the lessee under a lease
granted by a mortgagor after the date of the mort-
gage, but while he was still in possession of the
property, will inure to the benefit of the mortgagee
after he has taken possession and foreclosed. Elias
v. Snowden Slate Q. Co. (Eng. H. of L.).......
8.-Given by trustee of savings bank to bank; considera-
tion; estoppel. Best, recr., v. Thiel (N. Y. App.).. 453
9.-Foreclosure sale cannot be confirmed by court con-
ditionally. Green v. State Bank of Nebraska (Neb.
S. C.)
10.-Foreclosure; the court will interfere where the
mortgagee does any thing to prevent the mortgagor
from tendering interest in time, or where mortgagor
has made honest efforts to find mortgagee. Ösen-
dorf v. Meyer (N. Y. C. P.)...
11.-Foreclosure; taxes paid by mortgagee must be de-
ducted from purchase-money on sale. Cornell v.
Woodruff (N. Y. App.)........

12.-Fraud in obtaining signature renders void. Singer
Mfg. Co. v. Rawson (Iowa S. C.)...
13.-Husband and wife; where owning land in common,
and mortgage it to secure a loan to the husband, she
becomes surety to the extent of her interest. Erie
Co. Savings Bank v. Roop (Buffalo S. C.)...
14.-One in possession of mortgaged premises not liable
to mortgagee for rents; practice; failure to answer
complaint; effect of. Argall v. Pitts (N. Y. App.)... 374
15.-Subrogation, right of; where grantee assumes pay-
ment of a mortgage, and grantor afterward pays all
or part of it, he is entitled to be subrogated to ex-
tent of such payment. Wood v. Smith (Iowa S. C.).. 38
16.-A stipulation by purchaser to pay lien out of pur-
chase-money makes the debt his own, yet as between
grantee and grantor, grantor is a mere surety. Wood
v. Smith (Iowa S. C.)....
17.-Mortgagor's right of redemption being extinguished
at the end of twenty years, the trusts of surplus pro-
ceeds resulting from the sale are also extinguished.
Chapman v. Corpe (Eng. Ch. D.)....
18.-Rights of mortgagees in possession, as between
themselves and mortgagor ; set-off of testator's debt
as against legatee. Bennett v. Austin (N. Y. App.) 255
19.-Rights of subsequent mortgagees. Jones v. Graham
117
(N. Y. App.).....
20. When mortgagor may repudiate; attorney and
client. Ex parte Swinbanks, Re Shanks (Eng. App.) 237
See Eminent Domain; Maritime Law; Merger:
National Banks; Negotiable Instruments; Per-
sonal Property; Receiver; Taxes; Usury.
MUNICIPAL CORPORATIONS. Adjoining lot-
owner, as against city, has control over whole street
and not simply over surface. Davis v. City of Clin-
ton (Iowa S. C.).

PAGE.

MUNICIPAL CORPORATIONS-Cont'd.
2.-Charter; presentation of claim to council. Mur-
phy v. Buffalo (Buffalo Sup. Ct.)....

55

503

3. When a board of supervisors make a contract with
a party, to perform certain work within a specified
time, and the work is not performed within the
time, and the board refuse to extend it, the board
has no power to afterward grant an extension.
Turner v. Dougherty (Cal. S. C.)..
4.-County, liability of, for property destroyed by a
mob. County of Allegheny v. Gibson (Penn. S. C.).. 429
5.-Election; offense under ballot act; criminal in-
formation; duplicity; officer at polling booth; com-
municating information. Stanaught v. Hazeldine
(Eng. App.).

6. When sued directly on a contract which it is in-
capable of making, cannot be estopped from taking
advantage of its incapacity, because the party suing
has acted in good faith, supposing the contract to
be legal. Austin v. Coggeshall (R. I. S. C.)..................
7.-A highway must be kept in such order that even
"skittish" animals may be employed without dan-
ger. Borough of Pittston v. Hart (Penn. S. C.).
8.-Liability for defects in highway; question of negli-
gence for jury. Borough of Pittston v. Hart (Penn.
S. C.)..
9.-Negligence; a dead horse left in streets is an ob-
ject calculated to frighten horses, and the question
of negligence of city, in permitting it to remain in
streets, is for the jury. Fritsch v. Ällegheny (Penn.
S. C.)..
10-Negligence; notice of defect in street to a school
building janitor, appointed and controlled by school
board of city, is not sufficient to make city liable.
Foster v. Boston (Mass. S. C.)...

198

303

155

58

373

355

11. An iron cover to cellar hole in a sidewalk, which
by constant use has become smooth and slippery, is
a defect in the highway. Cromarty v. Boston (Mass.
S. C.).......
457
12.-Statutory provisions required for the passage of
laws are mandatory. Bloom v. City of Xenia (Ohio
S. C.).
13. Have the right to abandon any contemplated im-
provements, and repeal any ordinance providing for
the same, and an action will not lie against corpora-
tion for such abandonment. Mayor of Baltimore v.
Musgrave (Md. App.)....

23

119

14.-Not liable for wrongful acts of police. Calwell v.
Boone (Iowa S. C.)
15.-A tax to pay an existing debt, incurred in the past,
is a tax "for municipal purposes." Moore v. Fayette-
ville (N. C. S. C.)
16.-Statute granting authority to aid railroads must be
strictly followed. Lamoille Valley Ry. Co. v. Fair-
feld (Vt. S. C.)....
17.-May not delegate powers conferred on them. Lord
v. City of Oconto (Wis. S. C.).
18.-Member of legislative body disqualified from voting
by interest. Supervisors of Oconto v. Hall (Wis. S. C.) 352
See Statutory Construction.

376

276

475

395

MURDER. See Criminal Law.

4.-May take a mortgage of real estate executed in good
faith, to secure pre-existing indebtedness. Howard
Nat'l Bank v Loomis (Vt. S. C.)..
5.-A National bank receiving a special deposit for safe-
keeping without reward is only liable for gross neg-
ligence. First Nat'l Bank v Rex (Penn. S. C.)....
6.-State court may enjoin and appoint receiver of.
Merchants & Planters' Nat'l Bank v. Masonic Hall (Ga.
S. C.)...
7.-Constitutionality of a statute taxing shares for
municipal purposes. Moore v. Fayetteville (N. C.
S. C.)...
8.-Stockholder transferring shares to one in his
employ, but remaining the real owner, is liable as
stockholder upon failure of bank. Davis v. Stevens
(U. S. C. C. N. Y.)..

See Corporations; Evidence; Statutory Construction.
NEGLIGENCE. In an action for injury, it is a part
of plaintiff's case to show that he acted with due
care. Le Baron v. Joslin (Mich. S. C.).
2.-Ancient navigable river conservators not liable for
obstructions to navigation. Forbes v. Lee Con-
servancy Board (Eng. Ex. D.)..
3.-Contributory, of the driver of a private convey-
ance in which a person is voluntarily riding at the
time of receiving an injury from a defective high-
way, is imputable to the person so injured, to pre-
vent a recovery. Otis v. Town of Janesville (Wis.
S. C.)
4.-Where one sues for injuries caused by negligence of
another, and his own case shows contributory negli-
gence, he may be nonsuited, otherwise his case

477

58

337

276

490

235

159

395

10.-Where a person, in dealing with a highly dangerous
thing, is negligent, and another is injured thereby,
the person so injured has a right of action against
the person whose negligence has caused the injury.
Parry v. Smith (Eng. C. P. D)...
11.-Master and servant-charge. Priebe v. Kellog B.
Co. (N. Y. App.)
12.-Master not liable for death of employee caused by
dangerous condition of part of his mine, if accident
happened while employee was not in the regular dis-
charge of his duty and knew of the condition of the
dangerous part. White v. Rawson (Iowa S. C.).. 443
13.-Employee waives a defect by remaining in the em-
ployment without protest or promise of amend-
ment. Perrigo v. Chicago, etc., R. R. Co. (Iowa S.
C.)..
14.-Where owner of articles hired not liable for defect
in. Mulcahy v. New York Floating Dry Dock Co.
(N. Y. C. P.)..
15.-Liability of public charitable institution for negli-
gence in performing duty. Glavin v. Rhode Island
Hospital (R. I. S. C.)

16.-Plaintiff's premises were injured by overflow of de-
fendant's reservoir, caused by an overflow of the
reservoir of a third party; held, that defendant was
not liable. Box v. Jubb (Eng. App.)..
17.-Sunday statute, that party injured by negligence
was violating, does not relieve from liability. Bald-
win v. Barney (R. I. S. C.)...
18.-Where owners of a boat contracted to carry 250 tons
of coal, and the boat, being overloaded, sunk, the
negligence is mutual, and defendant is not liable.
Kelly v. Lehigh V. Coal Co. (N. Y. C. P.).
19.-Tenement householder neglecting to provide fire
escape, liable for injury from neglect. Willey,
admr., v. Mulledy (N. Y. App.)

20. Statute requiring railroad train to ring bell while
passing through towns; party having knowledge of
approach of train if injured cannot recover,
although the statute was disregarded. Houston &
T. R. R. Co. v. Nixon (Tex. S. C.)..
21.-When a passenger is placed, by negligence of car-
rier, in a situation of peril, his attempt to escape
danger by doing an act also dangerous, and from
which injury results, is not on part of such passen-
ger contributory negligence. Wilson v. Northern
Pacific R. R. Co. (Minn, S. C.)...........

483

157

309

323

336

157

393

503

483

482
22.-A locomotive engineer who remains at his post of
duty when he might have left it and avoided injury
is not guilty of contributory negligence Cotrill v.
Chicago, M. & St. P. R. R. Co. (Minn. S. C.)..
23.-Traction engine, although running within the pro-
visions of the statute, the owners are liable for dam-
ages resulting from sparks. Powell v. Fall (Eng. Q.
B. Div.)..

20
See Action; Bail; Constitutional Law; Carriers of
Passengers; Landlord and Tenant; Master and
Servant; Municipal Corporations; National
Banks; Proximate and Remote Cause.
NEW TRIAL. Verdict; error in ; affidavits of jurors
are not admissible on motion for a new trial to show
that the manner of arriving at a verdict was erro-
neous. Remsford Chemical Works v. Finne (U. S.
C. C., W. D. Tenn.)....

NEGOTIABLE INSTRUMENTS.

18

Bill of ex-

change; when it does not operate as assignment of
fund drawn on. First Nat. Bk. of Canton v. Dubuque
S. W. Ry. Co. (Iowa S. C.)......
2.-Bill of exchange; illegal consideration for bill of ex-
change; criminal proceedings stifled; taint of ille-
gality. Rourke v. Mealy (Ir. Ex. Div.).
3.-Crossed Cheques Act; protection given to bankers
by. Matthiesson v. London, etc., Banking Co. (C.
P. D.).....

PAGE.

NEGOTIABLE INSTRUMENTS-Cont'd. of payee who took for value, but with notice. Pierce v. Kibbe (Vt. S. C.)... 6.-Illegal consideration; innocent purchaser; notice. Cook v Weirman (Iowa S. C.).. 7.-Indorsement; notice of dishonor negligently sent sufficient if received seasonably. First Nat'l Bk. North Bennington v. Wood (Vt. S. C.). 8.-Indorsement; lunatic indorser when liable. Snyder v. Laubach (Penn. S. C.)..

9.-An order payable in merchandise is not negotiable. Rogers v. Union Stone Co. (Mass. S. C.)... 10.-Lunacy of inaker; bona fide holder may recover if he had no knowledge of, and note was obtained without fraud, and upon a proper consideration. Moore v. Hershey (Penn. S. C.).. 11.-Purchase of a bona fide promissory note for value, from one upon whom the owner has, by assignment, conferred the apparent absolute ownership, where the purchase is made upon the faith of such ownership, obtains a valid title as against real owner, who is estopped from asserting title thereto. Combes v. Chandler (Ohio S. C. Com.). 12.-Note; court will take judicial notice of the almanac as well as the law-merchant in computing time of note. Reed v. Wilson (N, J. S. C.) 13.-Attorney's fee, stipulation for, in note, does not make non-negotiable. Howenstein v. Barnes (U. S. C. C. Kan.)....

517

338

518

439

77

458

312

283

318

20

29

178

278

14. Alteration of; maker of a promissory note is not liable when note is fraudulently raised or altered. Knoxville Nat. Bank v. Clark (Iowa S. C.).... 15.-A note showing marks of erasure is valid in hands of innocent holder. Shepard v. Whetstone (Iowa S. C.) 16.-Promissory note; construction of clause for payment of costs of collection. Witherbee v. Kusterer (Mich. S. C.) 17.-Promissory note; a memorandum on back of, setting forth how payment is to be made, is part of note. Polo Mfg. Co. v. Parr (Neb. Sup. Ct.)..... 18.-Parol evidence admissible to show circumstances of indorsement. Hamburger v. Miller (Md. App.)...... 296 19.-Note without consideration void; existence of an independent consideration not valid. Warren v. Durfee (Mass. S. C.).....

20.-Conduct on the part of an indorser calculated to put a person of reasonable prudence off his guard, or induce him to omit demand, protest or notice of dishonor, will dispense with the necessity of taking these steps. Boyd v. Bank (Ohio S. C.)..

39

69

57

63

97

213

21. An indorser of a note before utterance is liable as joint maker. Herbage v. McEntee (Mich. S. C.) 243 22.-Mistake of fact; charging note to maker's account by bank; evidence. Whiting v. City Bank (N. Y. App.)..... 23.-Partnership note; negotiation of, by one firm in fraud of another having a common member; notice. Freeman's Nat. Bank v. Savery (Mass. S. C.) 24.-One who transfers a note by indorsement without recourse is liable as vendor. Challis v. McCrum (Kans. S. C.). 25.-Discharge of surety to promissory note by extension of payment. Stillwell v. Aaron (Mo. S. Č.).. 26.-Note based upon an illegal consideration is not void in the hands of an innocent party without notice. Smith v. Columbus State Bank (Neb. S. C.) 27.-Compromise; sufficient consideration for promissory note; that claim settled could have been defended no ground for opening. Feeter v. Weber (N. Y. App.)

28.-Agreement by holder of note as to compromise does not discharge indorser because the maker is a stranger to the agreement. Herbert v. Servin (N. J. S. C.).... 29.-Promissory note, erasures of seal after name of surety on, is a material alteration, and will discharge surety. Organ v. Allison (Tenn. S. C.)... 30.-Note payable to two; indorsement by one; right of holder in good faith. First Nat. Bank of Warren v. Fowler (Ohio S. C). ..

208

186

237

374

397

477

458

396

477

31.-If a note be made payable to several persons not partners, it can only be transferred by a joint Indorsement of all of them, but when it is made to two or more persons, as partners, it may be transferred by the indorsement of any one of them. Ryhiner v. Feickert (Ill. S. C.)... 32.-Promissory note, no equity arising after transfer of an overdue, can affect the holder, and he takes with transfer all the rights of indorser. Whittaker v. Kuhn (Iowa S. C.) 33.-Sealed notes negotiable only by virtue of statute; defenses to. Osborn v. Kistler (Ohio S. C.).. 34.-What is not; memorandum on margin limiting negotiability. Costello v. Crowell (Mass. S. C.).... 35.-Promissory note, possession of,by a party secured by chattel mortgage is presumptive evidence of ownership by such party. Woodruff v. King (Wis. S. C.).. 352 36.-Contract made by delivering and acceptance of note on Sunday, void. Stevens v. Wood (Mass. S. C.) 317 See Conflict of Law; Evidence; Indorsement; Statutory Construction; Suretyship; Waiver.

397

354

PARENT AND CHILD. Although the wife may have obtained a decree of separation, the court will not give her the custody of the children if she intends to bring them up in a religion different from that of the father. D'Alton v. D'Alton (Eng. P. D.)....... 158 PARTITION. See Judicial Sale. PARTNERSHIP. Action for accounting and for damages for dissolution of copartnership. Conroy v. Campbell (N. Y. Superior.).. 2.-Where the name of an individual member of a firm is used as a partnership name and such member issues or accepts and indorses bills and notes in that name, the burden is on the holder to show affirmatively that the paper was the paper of the firm and not upon the firm to show that it was the paper of the individual partner. Leeds & Co. Banking Co.v. Beatson (Eng. Ĉ. P. D.)...

3. Cancellation of written instruments; fraud of one
partner in issuing firm notes. Fuller v. Percival
(Mass. S. C.).....

4.-Dissolution; return of premium; misconduct of
partner. Black v. Capstick (Eng. Ch. D.)..
5.-Dissolution without notice; reputation of continu-
ance of firm; secret partner. Benjamin v. Covert
(Wis. S. C.)....

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103

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378

376

14

258

213

6.-Where, by reason of fraudulent representations, a party is induced to enter into a copartnership, a court of equity has jurisdiction to order the partnership to be cancelled. Smith v. Everett (Mass. S. C.).. 77 7.-Limited partnership failing to record renewal becomes general. Guillon v. Peterson (Penn. S. C.).. 213 8.-Payment by one partner: release: consideration. Ludington v. Bell (N. Y. App.).... 9.-If the name of a partnership firm be merely the name of an individual partner, proof that he signed such name to a bill of exchange is not enough to make the firm liable on the bill. Yorkshire Banking Co. v. Beatson (C. P. D.)..... 10.-Negotiation of partnership note by one firm in fraud of another having a common member. Freeman Nat. Bank v. Savery (Mass. S. C.)... 11.-Liability of firm for fraud of copartner in using for benefit of partnership funds of an estate of which he was trustee. Guillon v. Peterson (Penn. S. C.)...... 213 12.-Subrogation; an outgoing partner for a valuable consideration is entitled to subrogation for a debt of the firm paid by him for which he was not liable at time of outgoing. Scott's Appeal (Penn. S. C.)...... 17 13. Surviving partner; rights and duties in settling business. Heath v. Waters (Mich. S. C)... 18 14.-Representatives of deceased partner have lien on new stock bought with proceeds of old stock. Hooley v. Gieve (N. Y. C. P.)..... 15.-When a firm transfers their business to an entirely new firm which assumes their debts, the agreement between them does not of itself discharge the old firm. Knox v. Hayes (Mich. S. C.)..... See Arbitration; Corporations; Mortgage; Real Estate; Statute of Limitations.

PATENT. New application of a process generally known is not invention. Adams v. Loft (U. S. C. C. N. J.)

See Evidence: Criminal Law. PERSONAL PROPERTY,

Brokers; a seat in board of, not in the eyes of the law. Thompson v. Adams (Penn. S. C.) 2.-Included in a chattel mortgage, but incorporated with the realty, will not pass with the chattel mortgage as against the subsequent mortgagee of the realty. Keeler v. Keeler (N. J. Ch.) 3.-Machinery, though fastened to floor by nails, screws or cleats, is personal property, and will pass under a chattel mortgage, as against the mortgage of the realty subsequently given. Keeler v. Keeler (N. J. Ch.)..

PAGE.

PERSONAL PROPERTY-Continued. 5.-Gas-fixtures and heaters are personal property, and may be moved by vendor upon sale of house. Heysham v. Detre (Penn. S. C.)...

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235

457

6. Not made real by transmission with real. Keeler v. Keeler (N. J. Ch.) 7.-Sale of, where a creditor received for a debt a bill of sale of a horse, but allows horse to remain in possession of debtor, the title passes as between the parties, but not as against a subsequent attaching creditor. Dempsey v. Gardner (Mass. S. C.)... 8.-Sale of concurrence of delivery and payment. Phelps v. Hubbard (Vt. S. C). 9.-Sale of; liability of vendor for misrepresentation as to value. Bower v. Fenn (Penn. S. C.) 10.-Willful misrepresentation or concealment of a material fact by vendor constitutes a fraud authorizing a rescission of the contract, and such representations may as well be by acts or artifices as by positive assertions. Croyle v. Moses (Penn. S. C.).. 353 See Contract; Execution.

497

415

PHOTOGRAPHS. Admission of, in evidence in an action for assault and battery to show effect of assault, is competent. Redden v. Gates (Iowa S. C.), 455 PHYSICIAN. See Evidence.

PLEADING. Former adjudication; proof of identity

of action by parol. Yates v. Yates (N. C. S. C.)..... 394 2.-Original judgment no bar to new action. Porter v. Kingsbury (N. Y. App.)

POSSESSION. See Real Estate, 213.
POSTAL CARD. See Slander and Libel.
PRACTICE. Legal and equitable cause of action
cannot be united. Hurt v. Hollingsworth (U. S.
S. C.)......

2.-Appeal; an objection that certain facts were not
sufficiently set forth cannot be made on appeal.
Howe S. M. Co. v. Wooley (Iowa S. C.)

3.-Amount of bond on appeal; separate judgments.
Ex parte French (U. S. 8. C.)..
4.-Appealable order. Bergen v. Snedecker (N. Y.
App.)

5.-When bill of review not allowable. Ricker v. Powell (U. S. S. C.) 6.-Admission of newly-discovered evidence under bill of revivor, no rule which prohibits. Craig v. Smith (U. S. S. C.). 7.-Judgment; proper statement delivered to county clerk and considered, and transcript entered suffcient to prove; order sustaining invalid attachment may be appealed to this court; what will not authorize attachment. Steuben Co. Bank v. Alberger (N. Y. App.)... 8.-Entry of judgment after death of defendant, effect of. Tuomy v. Dunn (N. Y. App ... 9.-Remedy to dismiss a complaint at the trial on the ground that it does not state facts sufficient to constitute a cause of action, is by motion, not by demurrer. Tooker v. Arnoux (N. Y. App.).. 10.-Order of discovery, to other than parties to action. Boorman v. Atlantic & P. R. Co. (N. Y. App.)..... 11.-Statute of limitations, delivery of summons to sheriff to save bar of; amendment of summons; new partles. Shaw v. Cock (N. Y. App.) 12.-Referee, proper mode of review of amendment by, is by exception and appeal from judgment. Quimby v. Claflin (N. Y. App.)

13.-An oral agreement of counsel that referee may fix amount of his fees, is not an agreement as required by section 313 of the Code. First Nat. Bank of Cooperstown v. Tamajo (N. Y. App.).. 14.-When writ of error not allowable to people. People v. Bork (N. Y. App.)...

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494

38

415

454

415

514

315

PROXIMATE AND REMOTE CAUSE-Con. PAGE. comes frightened and injures a third party, the first party is liable. Lee v. Union R. R. Co. (R. I. S. C.), 303 See Civil Damage Law.

PUBLIC OFFICE. Delegation of official authority
by, not allowable. Maxwell v. Bay City Bridge Co.
(Mich. S. C.)....
2.-Question of usurpation of, not to be tried in private
action. Fraser v. Frelon (Cal. S. C.)
PUBLIC POLICY. See Contracts.

RAILROADS. Statutory requirements as to fencing;
liability for killing cattle trespassing. Gillam v.
Sioux City & St. Paul Ry. Co. (Minn. S. C.)...
2.-Tourists' tickets not transferable. Langdon v.
Howells (Eng. Q. B. Div.)..

See Carriers of Passengers; Corporations; Eminent
Domain; Master and Servant; Municipal Corpo-
rations, Negligence; Receiver; Statutory Con-
struction; Title.

RAPE. See Criminal Law.

REAL ESTATE. Adverse possession; occupation of a part of a lot, occupation of all. Nolan v. Grant (Iowa S. C.) 2.-Recitals in deed of partnership property. Van Slyke v. Skinner (Mich. S. C.)... 3.-Sale of; incumbrances; notice; when certificate of clerk no protection to purchaser. Wood v. Krebs (Va. S. C.)...

375

456

516

243

218

275

234

337

4. Sale of; representations as to quantity; measure
of damages. Darling v. Osborne (Vt. S. C.)...
5.-Sale of; vendee in default may surrender; title to
crops. Welch v. Richard (Mich. S. C.)....
414
6.-Seizin and possession of one tenant in common of
real estate is seizin and possession for use of the
others, and under such no title based upon adverse
possession can be acquired. Kinney v. Slattery (Iowa
$. C.)...

7.-Tenant for life of an estate impeachable for waste
may work an open mine or quarry on estate, provid-
ing it had been previously worked for profit. Elias
v. Snowden Slate Q. Co. (Eng. H. of L.)....
8.-Vendor's lien not allowed in case of gift. Palmer
v. Sterling (Mich S. C.)...

See Merger; Riparian Rights. RECEIVER of railroads, claim for personal injuries not lien on property in his hands. White v. Keokuk & D. R. Co (Iowa S. C.).....

PROHIBITION. When writ allowable; office of. People ex rel. Hudson v. Judge Superior Ct. (Mich. S. C.).... PROMISSORY NOTE. An unnegotiable instrument made payable in the alternative, where the payee is not uncertain, is a promissory note. Noxon v. Smith (Mass. S. C)...

See Negotiable Instruments. PROTEST. Due diligence, what is. Herbert v. Servin (N. J. S. C.). PROXIMATE AND REMOTE CAUSE. Trains of two railroad companies passed near a pile of lumber, which was destroyed by sparks from locomotive. In an action for damages against one company, it was held that it was a question of fact as to which company caused the destruction, and for the jury to determine. Lehigh Valley R. R. Co. v. McKeen (Penn S. C.).....

2. If a party wrongfully makes a heap of snow and ice in the streets, by which a second party's horse be

414

515

396

330

16

RECOUPMENT of agent of consignor against claim for freight. Elwell v. Skiddy (N. Y. App.). ... 155 RECOVERY. See Bond.

....

18

REFERENCE. Action to set aside deed on account of mental incapacity and undue influence; plaintiff not entitled to a reference to determine amount due from grantees who covenanted to pay two-thirds of expense of maintenance of grantors for life. Van Gelder v. Van Gelder (N. Y. App.).. See Practice. REMOVAL OF CAUSES. It is too late to remove a cause into the Federal court under the Act of 1875 after it is noticed for trial, and is on the calendar in a State court. Slough v. Hatch (U. S. C. C., E. D. N. Y.). 78 2.-Record must be filled in the Circuit Court on the first day of the next term or the cause will be remanded to the State court. McLean v. St. P. & C. R. R. Co. (U. S. C. C., N. Y.).......

3. When it appears to the satisfaction of the court that the suit does not involve a dispute properly within the jurisdiction of the Circuit Court, it is the duty of the court to remand it. Ryan v. Young (U. S. C. C.,Ill.)....

4.-What is not a "suit of a civil nature;" motion for execution against a stockholder. Webber v. Humphreys (U. S. Dis. C., Mo.)

78

79

78

5.-Order for, in State court unnecessary; time of filing of petition. Fulton v. Golden (U. S. C. C., N.J.)... 229 6. It is sufficient if the application shows that the parties are residents of the different States at the time of the application. McLean v. St. Paul & Chicago R. R. Co. (U. S. C. C., N. Y.).... 7.-When not allowed. Stanborough v. Griffin (Iowa S. C.)

REPLEVIN. Delivery without payment; operation of foreign statute. Corner v. Cunningham (N. Y. App.). 2.-Will lie in a justice's court to recover property wrongfully seized on Federal process by a United

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455

97