PAGE

LYTTLE V. CHICAGO & WEST MICHIGAN RAILWAY COMPANY.. 289 Negligence-A railroad yard-master in full charge of the yards and men employed therein, including their hiring and discharge, is held to be a vice principal-A switchman may rely, for a reasonable time, upon his promise to remedy defects in appliances furnished, and that an incompetent fireman shall not handle switching engine -How. Stat. § 7545, held not to apply to the testimony of the switchman to an interview with the yard-master, since deceased, in the presence of the master of the round-house, who survives him.

Partnership-If term is for an indefinite period it may be dissolved at the will of either party-Exclusive and、 wrongful possession of property by one partner entitles the other to an accounting in equity to recover his share of the profits made-Accounting will cover the time during which the partnership assets have been used in making such profits-In absence of express stipulation to that effect, a partner is not entitled to compensation for his services in and about the partnership business.

85

MANISTEE CIRCUIT JUDGE, GLASSMIRE V.

447

MARTIN, MEADS V...

306

MAYNARD V. BOARD OF CANVASSERS OF THE FIRST REPRE-
SENTATIVE DISTRICT OF KENT COUNTY.

228

Cumulative voting law of 1889 held unconstitutional. MCDONALD v. CASEY..............

505

Liquor traffic-Saloon-keeper cannot excuse a sale to a man known to him to be in the habit of becoming intoxicated, by the plea that he relied upon the purchaser's statement that he wanted the liquor for medicine-Under facts of this case court properly charged the jury that the consent of the plaintiff which would justify unlawful sales to her husband must cover those for which the action was brought.

MCDUFF V. DETROIT EVENING JOURNAL COMPANY...

Libel and slander-If special damages are claimed they
must be alleged in the declaration-Rule is the same
where the article published is libelous per se-Editorial
published in another paper, referring to subject-matter
of libelous article, but not shown to have been based
upon it, is inadmissible-Practice in circuit court-
Circuit judge presumed to be able to influence the jury
-Judgment will be reversed for his expression of
opinion on a disputed fact, or of the character of a
witness, or for the use of language tending to bring an
attorney into contempt before the jury-Never proper,
when an objection is sustained, for the attorney to state,
in the presence of the jury, what he can prove by the
witness.

MCLEAN, IONIA COUNTY SAVINGS BANK V..

MEADS V. MARTIN...

Married woman-May make a binding contract with
reference to the purchase of goods or for servives to be
performed, if made in her own behalf, and upon her
express agreement to pay for such services or goods,
where she, or some member of her family, derives the
benefit of such purchase or services.

MICHIGAN CAR COMPANY, SADOWSKI V............

MICHIGAN CENTRAL RAILROAD COMPANY, TOWN V..........................
MICHIGAN MUTUAL LIFE INSURANCE COMPANY V. REED................

Life insurance-Fraudulent misstatement of the assured's
occupation in the application, which the agent fills out
-On discovery of the fraud, the applicant may rescind
the contract, and show the facts as a defense in a suit
on a premium note.

MIDLAND COUNTY SUPERVISORS, AUDITOR GENERAL V...................
MILLARD V. TRUAX.....

Evidence-Acts and declarations of the plaintiff at a
different time cannot be shown in mitigation of damages
for an assault-Provocation must have been so recent
as to induce a presumption that the assault was com-
mitted under the immediate influence of the feelings
and passions excited by it.

PAGE 1

625

306

100 214

524

121

517

MONROE, WESTON v...

MONTGOMERY V. ALLEN...

Offers of compromise-Cannot be considered as an admis-
sion of liability.

MOORES' APPEAL...

MORAN V. ROBERGE...

Mortgage-A subsequent mortgagee, who takes his mortgage in reliance upon reliable information that a prior mortgage has been discharged, will be protected if it turns out that the mortgage was in fact discharged. MUSKEGON RAILWAY COMPANY, COWAN V...

N.

NORTH V. VAN TASSEL

Estates of deceased persons-Allowance to widow not pre-
vented by an order closing the estate, made before
expiration of year allowed for its settlement, and after
the time fixed for presenting claims, but without proof
of notice to creditors to present them-Amount to be
allowed during the settlement of an estate specifically
devised and bequeathed, and the proportion which each
part of the estate shall contribute to its payment, is for
the probate court to determine.

Occupancy of land-By grantor after recording deed is presumed to be by sufferance of grantee-Such presumption can only be overthrown by circumstances tending to show a clear renunciation of the tenancy, brought home to the grantee, and of a subsequent adverse possession by the grantor under a claim of

PAGE

341

656

474

600

583

69

533

420

346

Paldi v. Paldi-Continued.

superior right-If during such tenancy the grantor pur-
chases an outstanding tax title, the recording of the tax
deed is not such an assertion of a hostile title as will
entitle him to recover for improvements thereafter
made, but a claim of adverse holding under the deed
must have been expressly asserted and brought home to
the grantee-Taxes-Statute requires the exercise of the
best judgment of the supervisor in assessing property-
He cannot authorize another to copy the roll of the
previous year with only such changes as are necessary
by reason of change of owners, and to attach and sign
the statutory certificate-Use of words "fixed or auction
sale" for "forced or auction sale," in said certificate,
will void the roll.

PARKS, LUCAS V.

PECK, CIRCUIT JUDGE, HAMILTON V..

PENINSULAR WHITE LEAD & COLOR WORKS, Fox V...................

PERE MARQUETTE BOOM COMPANY, SEATON V..

PETERSON, BOYCE v....

PAGE

202

393

676

178

490

671

487

PETIT, FARRAND V..................
PRATT V. BURHANS.

Sale-Contract by which the title to goods is retained by
the owner until they are paid for, or sold in the due
course of trade, by the person to whom they are
delivered, is valid-Vendees who do not so purchase
cannot rely upon the possession of their vendor as con-
clusive evidence of title-Evidence of false representa-
tions as to the financial standing of the vendor upon
which the vendee did not rely is immaterial-Assign-
ment of error held too general in this case.

PRESCOTT INSURANCE COMPANY OF BOSTON, HOOSE V................
PRESTON NATIONAL BANK V. GEORGE T. SMITH MIDDLINGS
PURIFIER COMPANY...

Chattel mortgage-How. Stat. § 6193, providing for the
filing of chattel mortgages, applies only to mortgages of
goods and chattels which are capable of delivery, and
not to an assignment of open accounts-An assignment

309

364

Preston N'l B'k v. George T. Smith Middl's, etc., Co.-Continued. by the president of a corporation, who was also its treasurer and general superintendent, of $150,000 of good and collectible accounts, then existing or thereafter acquired, to a bank, to be held as collateral security for existing and future indebtedness of the corporation, is held to be within his power to make, and to be enforcible in equity as against the corporate creditors, the corporation having made an assignment for their benefit. PRESTON V. Zekind...........

Statute of frauds-Taking case out of the statute-Estoppel.

PAGE

641

R.

REED, MICHIGAN MUTUAL LIFE INSURANCE COMPANY V..
RILEY V. LITTLEFIELD...

524

Replevin-Under a declaration in the general form every
question can be tried that is triable in the action of
replevin-In replevin for a race-horse from an attaching
officer, plaintiff can recover damages arising from the
depreciation in value of the horse for want of proper
care-Cannot recover entrance fees and fines demanded
by a trotting association under its rules as a condition
to the entry of the horse in future races, the same hav-
ing been paid after the horse was attached, he having
been entered in certain races in which he failed to start
by reason of the attachment.

22

ROBERGE, MORAN V...

600

ROBINSON V. DETROIT, LANSING & NORTHERN RAILROAD COM

PANY

658

Settlement-Question of properly left to the jury.

Negligence-Doctrine of non-liability of master for the