filed claim in bankruptcy against the obligor, and the note was stamped paid and payment credited in the holder's books, and under the agreement the maker and a third party were to pay any deficiency, such note was extinguished by the new agreement and the cancellation of the instrument, though it appeared that the bonds could not be enforced against the bank- rupt's estate.-Citizens' Nat. Bank of New Cas- tle v. Hileman, 82 A. 770.
§ 475 (Md.) Where a note sued on was filed with the declaration, and execution was not denied by defendant's next succeeding plead- ing, it was admitted, as provided by Code Pub. Gen. Laws 1904, art. 75, § 24, subsec. 108.-Booth v. Irving Nat. Exch. Bank, 82 A. 652.
§ 498 (Pa.) In action on check six years aft- er date, plaintiff need not show that defendant had suffered no loss by delay where he does not allege such loss.-Rosenbaum v. Hazard, 82 A. 62.
§ 529 (N.H.) Where defendant's liability on a note through forgery of his name rests on equitable estoppel and not on ratification, the amount of the note should not be taken to be the measure of plaintiff's right of recovery, unless it can be shown that the plaintiff was damaged to that extent in reliance upon de- fendant's negligence or willful misrepresenta- tions.-Conway Nat. Bank v. Pease, 82 A.
537 (Pa.) In an action against the indorser of a note, submitting issues to the jury of which there was no evidence was error.-Second Nat. Bank of Pittsburg v. Hoffman, 82 A. 463.
BOARD OF HEALTH.
See Counties, §§ 67, 113; Officers, § 27; Schools and School Districts; Street Railroads, § 67; Taxation, § 493.
BONA FIDE PURCHASERS.
See Vendor and Purchaser, §§ 224-244, 265.
§ 53 (Conn.) In an action for damages for negligence in locating a boundary line, plaintiff, having denied the complaint, had the burden of proving that defendant's location was not correct.-Ferrie v. Sperry, 82 A. 577.
Defendant by his answer in an action for negligence in locating boundary line, setting up his version of the contract, held not to assume the burden of proving that the contract was as alleged by his answer.-Id.
Civil engineer undertaking to establish a boundary line is bound to exercise that degree of care which a skilled engineer of ordinary prudence would exercise under similar circum- stances.-Id.
In an action for damages for alleged negli- gence in locating a boundary line, exclusion of evidence as to what an ordinarily prudent en- gineer would do under the circumstances was not erroneous.-Id.
$54 (R.I.) Under Pub. Laws 1895, c. 1406, §§ 1-3, a street line not correctly marked by the engineer may be questioned in a proceeding to enjoin the maintenance of a building within such line.-Greenough v. Industrial Trust Co., 82 A. 266.
See Street Railroads, § 65.
See Charities, 30; Contracts. $$ 279-343; Covenants, $ 103; Sales; Vendor and Pur- chaser, §§ 350, 351.
See Contracts, §§ 113, 138.
See Appeal and Error, §§ 69, 460; Bail: Bank- See Trial, § 141. ruptcy, 421; Bills and Notes, § 437; Con- tracts, § 137; Criminal Law, § 1076; Dam-
ages, § 78; Evidence, $$ 84, 354, 419; Ex- See Appeal and Error, §§ 757, 1078. ecutors and Administrators, § 529; Garnish- ment, § 33; Guardian and Ward, § 182; Injunction, §§ 148, 163, 239-252; Justices of the Peace, 166; Mortgages. §§ 283, 583; Municipal Corporations, § 867; Officers, § 130; Pleading, § 98; Principal and Surety; Sales, 382; Sheriffs and Constables, § 157; Vendor and Purchaser, § 266.
See Corporations, § 232.
BOOKKEEPERS.
See Appeal and Error, § 1071; Bills and Notes, $92; Corporations, § 661; Evidence, § 119: Principal and Agent; Trial, § 252.
II. EMPLOYMENT AND AUTHORITY. § 8 (R.I.) Evidence in an action for a com- mission on a sale of shares of stock held insuffi- cient to show an express or implied contract of agency. Stark v. Cotton, 82 A. 386.
IV. COMPENSATION AND LIEN. § 43 (N.J.) An agreement in writing to pay to real estate brokers $250 for their services is a substantial compliance with section 10 of the statute of frauds and perjuries.—Lustig v
See Banks and Banking, § 300; Receivers, & Meirick, S2 A. 867. 142.
§ 63 (Conn.) Broker held entitled to com- missions, where he had procured an offer which the owners accepted, although they lat- er refused to convey.-Home Banking & Real- ty Co. v. Baum, 82 A. 970.
Acceptance by owner of offer for property procured by broker held conclusive that such offer was satisfactory to the owner.-Id.
$ 63 (N.J.Sup.) A vendor of land who agreed to pay real estate brokers their commission on the day of settlement, but refused to convey, is liable though no date of settlement was fixed by the contract.-Rauchwanger v. Katzin, 82 A. 510.
871 (Me.) An agreement employing a bro- ker to sell a timber lot held to entitle the bro- ker to a lump sum and to one-half of the excess over a stated amount.-Stafford V. Burns, 82 A. 1014.
$73 (Md.) Broker attempting to effect sale held not entitled to share in commissions for sale subsequently effected by his associates.- Lucas v. Crenshaw, 82 A. 446.
V. ACTIONS FOR COMPENSATION.
§ 88 (Md.) In an action for a share of bro- ker's commissions, evidence held insufficient to present question for jury as to whether employ- ment under which sale was effected was con- tinuation of prior negotiations.-Lucas v. Cren- shaw, 82 A. 446.
BUILDING AND LOAN ASSOCIA- TIONS.
See Corporations, § 377.
$20 (N.J.) A building association, agreeing to loan a specified sum to a holder of shares of stock required to pay dues and interest, held under no duty to apply the money retained by it to the payment of dues.-First Italian Build- ing & Loan Ass'n v. Di Niscia, 82 A. 22.
Acts of the secretary of a building associa- tion held not binding on the association in view of its by-laws.-Id.
§ 23 (N.J.) The secretary of a building asso- ciation has no implied authority to vary the terms of a contract.-First Italian Building & Loan Ass'n v. Di Niscia, 82 A. 22.
§ 23 (N.J.Ch.) An attorney for a building and loan association held a trustee as to funds received by him to be paid to borrowers.- French v. Armstrong, 82 A. 331.
Acts of Assembly governing building and loan associations do not limit the time for imposing fines.-Id.
$36 (Pa.) Acts of Assembly governing build- ing and loan associations do not require a for- feiture at the expiration of six months.-Work- ingman's Loan & Building Ass'n of Altoona v. Heaton, 82 A. 78.
§38 (N.J.) A building association held enti- tled to foreclose a mortgage to the extent of money actually advanced, notwithstanding its failure to make all the advancements called for.-First Italian Building & Loan Ass'n v. Di Niscia, 82 A. 22.
§ 39 (Pa.) On scire facias sur mortgage by building and loan association, claim of defend- ants as to agreement held not sustained by the proof.-Workingman's Loan & Building Ass'n of Altoona v. Heaton, 82 A. 78.
"May," as used in Act April 10, 1879 (P. L. 17) § 5, relating to enforcement of payment of installments to building and loan associa- tions, construed.-Id.
$41 (N.J.Ch.) In a receiver's action to re- cover moneys realized from the sale of stock pledged with a loan association, and not ac- counted for after sale, held, that a purchaser was liable in an action at law; and hence could not be sued in equity.-French v. Armstrong, 82 A. 101.
§ 42 (N.J.Ch.) Evidence, in a receiver's ac- tion against the former president of a build- ing and loan association, held to show that the defendant had charged himself with the duty of collecting on stock pledged with the company, and had failed to collect.-French v. Armstrong, 82 A. 101.
Equity has jurisdiction of a bill by the receiver of a building and loan association against its former president to recover moneys realized, or that ought to have been realized, by him from his sale of stock, for the purpose of collection and not accounted for.-Id.
§ 42 (Pa.) Trustee of insolvent building and loan association should require borrower to re- pay amount received with interest and to al- low him, after all debts paid, a pro rata divi- dend with nonborrowers on payments made on his stock.-Leechburg Building & Loan Ass'n v. Kinter, 82 A. 498.
BUILDING CONTRACTS.
See Contracts, §§ 198, 232, 287, 290, 295, 303, 305, 324, 343; Evidence, § 518; Trial, § 243.
The president of a building association re- ceiving funds to pay to borrowers held bound to show disbursement or return of the same. See Evidence, § 513. -Id.
An officer of a building association having re- tained funds of the association held liable for compound interest.-Id.
Liability of a director of a building associa- See Criminal Law, § 330; Homicide, §§ 146, tion held enforceable only in a suit to which all the directors participating in an ultra vires act are parties.-Id.
$34 (N.J.) A building association agreeing to loan a specified sum to a holder of shares of stock required to pay dues and interest held under no duty to apply the money retained by it to the payment of interest.-First Italian Building & Loan Ass'n v. Di Niscia, 82 A. 22. $34 (Pa.) Payments by borrowing member of building and loan association on stock, who borrowed on a mortgage and pledged the stock as collateral, were not payments on account of loan.-Leechburg Building & Loan Ass'n v. Kin- ter, 82 A. 498.
§ 35 (Pa.) Building and loan association held authorized to impose fines on borrowing mem- ber after six months' arrearages under circum- stances stated.-Workingman's Loan & Build- ing Ass'n of Altoona v. Heaton, 82 A. 78.
See Building and Loan Associations, § 20; Cor- porations, §§ 152, 197.
CANCELLATION OF INSTRUMENTS. See Bills and Notes, § 437: Certiorari, § 36; Contracts, § 99; Insane Persons, § 73; In- surance, $ 229, 230; Judgment, § 590; Quieting Title; Reformation of Instruments; Vendor and Purchaser, § 107.
II. PROCEEDINGS AND RELIEF.
§ 47 (R.I.) Evidence held insufficient to show that representations upon which party acted in executing instruments were false, and hence the instruments would not be canceled.-Koni- kow v. Reiseroff, 82 A. 785.
(F) Loss of or Injury to Goods. § 114 (N.J.) The responsibility of a carrier of goods does not terminate until after the consignee has had reasonable time within which to remove them.-Bobbink v. Erie R. Co., 82 A. 877.
§ 132 (N.J.) In an action for the loss of goods while in the possession of a carrier un- der a bill of lading containing a limitation of liability, plaintiff must show negligence on the part of the carrier.-Bobbink v. Erie R. Co., 82 A. 877..
(G) Carrier as Warehouseman.
§ 140 (N.J.) A carrier of goods holding them as a warehouseman is responsible for damages to them attributable to its negligence.-Bob- bink v. Erie R. Co., 82 A. 877.
(H) Limitation of Liability.
$155 (N.J.) Where a shipping receipt, lim- iting liability to the stated value of the goods, is prepared by the shipper and accepted by the carrier, the shipper is bound thereby.-Ameri- can Silk Dyeing & Finishing Co. v. Fuller's Express Co., 82 A. 894.
8156 (N.J.) A clause in a bill of lading ex- empting the carrier from liability for loss or damage caused by fire does not relieve it from liability for negligence.-Bobbink v. Erie R. Co., 82 A. 877.
den of proof held to be upon the carrier to show absence of negligence.-Burns v. Penn- sylvania R. Co., 82 A. 246.
"Appliances of transportation," as used in rule relating to burden of proof of negligence of carrier, defined.-Id.
$317 (Del.Super.) In an action for injuries to a passenger, a rule of the carrier held ad- missible in evidence, followed by testimony that the passenger knew of the existence of the rule prior to the accident.-Yates v. Philadelphia, B. & W. R. Co., 82 A. 27.
A passenger, suing a carrier for injuries while alighting from a train, held entitled to show that he knew at the time of the accident of a rule of the carrier, and may show, as the source of his information, that he had been so informed. Id.
§ 320 (N.H.) In an action for injuries to a passenger in alighting from a street car, direc- tion of nonsuit, on the issue of defendant's neg- ligence in failing to provide a suitable place for plaintiff to alight, held error.-Harrington v. Manchester St. Ry., 82 A. 720.
320 (Pa.) In an action for injuries to a passenger from stumbling over a dress suit case placed by another passenger in the aisle of a car, evidence held to present a question for the jury as to the negligence of defend- ant.-Burns v. Pennsylvania R. Co., 82 A. 246.
(E) Contributory Negligence of Person Injured.
§ 346 (R.I.) In an action for injuries to a street car passenger, evidence held not to sup- port a finding that the car was coming to a stop when the passenger started to alight and was thrown by a sudden jerk of the car.-Mur- ray v. Rhode Island Co., 82 A. 1.
$347 (Pa.) In an action for injuries to a passenger from stumbling over a dress suit case placed in the aisle by another passenger, evidence held to present a question for the jury whether plaintiff was guilty of contribu- tory negligence.-Burns Pennsylvania R. Co., 82 A. 246.
§ 158 (N.J.) A carrier may stipulate as to See Gifts, § 66. the value of property, and contract that its liability shall be limited to such value.-Amer- ican Silk Dyeing & Finishing Co. v. Fuller's Express Co., 82 A. 894.
See Judicial Sales, § 31.
CERTAINTY.
$180 (N.J.) Under a bill of lading, issued by an initial carrier, in the name of and for a See Trial, § 258. connecting carrier, receiving the goods at the transfer point, it might be inferred that ini- tial carrier acted as the agent of a connect- ing carrier. Bobbink v. Erie R. Co., 82 A. 877.
IV. CARRIAGE OF PASSENGERS. (C) Performance of Contract of Transpor- tation.
§ 277 (N.J.) Action against railroad pany for taking from a passenger and retain- ing a commutation ticket held to be in trespass entitling plaintiff to damages for humiliation and indignity.-Harris v. Delaware, L. & W. R. Co., 82 A. 881.
(D) Personal Injuries.
§ 302 (Pa.) To require employés of carrier to remove personal baggage of passengers from aisles of cars, they must have notice, or the obstructions must have remained so long that in the exercise of due care they would have been discovered.-Burns v. Pennsylvania R. Co., 82 A. 246.
See Certiorari, §§ 51, 55, 64: Contracts, $$ 287, 290; Corporations, §§ 88, 99, 103, 230.
See Criminal Law, §§ 260, 1022, 1033, 10811⁄2: Highways, § 60; Justices of the Peace, $$ 122, 197, 198; Municipal Corporations, $ 121; Railroads, § 228; Taxation, §§ 493, 496, 497, 604.
I. NATURE AND GROUNDS. 85 (R.I.) Where petitioner for certiorari has ample remedy under a bill of exceptions pros- ecuted under the statute after final decision, the petition will be dismissed.-Warren v. Su- perior Court, 82 A. 129.
§ 13 (N.J.Sup.) An order of the circuit court, refusing to quash a levy after writ of attach- $316 (Pa.) Where a passenger is injured ment, issued under Practice Act, § 84, is re- by anything done or left undone by a carrier viewable by certiorari, as such writ is more or its employés in connection with appliances than the common-law writ to compel appear-
II. PROCEEDINGS AND DETER-
§ 36 (N.J.Sup.) On certiorari to review the revocation of a license, jurisdiction not being challenged for insufficient verification of the complaint, such question is not presented for review.-Marter v. Repp, 82 A. 314.
On certiorari to review the revocation of a license, an objection that the complaint did not specify the statute violated not having been made, the question is not presented for review. -Id.
§ 51 (N.J.Sup.) Certificate of fact by judge of district court not called for by any rule of the Supreme Court held irregular.-Mechler v. Fialk, 82 A. 330.
§ 55 (N.J.Sup.) On certiorari, held, that the court below would not be ruled to certify as to a feature of the case not involved in the judg- ment.-Mechler v. Fialk, 82 A. 330.
$ 64 (N.J.Sup.) On certiorari, the judgment being supported by a part of a declaration con- taining the common counts, questions arising under the mechanics' lien law will not be con- sidered.-Mechler v. Fialk, 82 A. 330.
A question not shown by the certificate of the judge to have been raised below cannot be raised on certiorari.-Id.
$69 (N.J.) On general principles and under Certiorari Act of 1907, the Supreme Court may not only order a reversal of a judgment, but may enter such new judgment as it ap- pears the lower tribunal should have rendered. Dubelbeiss v. Town of West Hoboken, 82 A. 897; Dietrich v. Same, Id. 899.
CHAMPERTY AND MAINTENANCE.
§ 30 (Conn.) A charitable trust held not to contain any conditions for breach of which a forfeiture was contemplated, so that a forfeiture would not result from an attempt by the trus- lic Library and Reading Room v. Burroughs tees to alienate the property.-Bridgeport Pub- Home, 82 A. 582.
The property of a charitable trust does not revert to the donor's heirs or legal representa- tives upon breach of the trust by the trustees, in absence of express condition to that effect. Id.
II. CONSTRUCTION, ADMINISTRA- TION, AND ENFORCEMENT.
§ 37 (Me.) The doctrine of cy pres is recog- nized in Maine, and is applicable to a bequest to a classical and scientific academy.-Lynch v. South Congregational Parish of Augusta, 82 A. 432.
the subject of the care of courts of equity.- 843 (Conn.) A charitable trust is peculiarly Bridgeport Public Library and Reading Room v. Burroughs Home, 82 A. 582.
§ 48 (Conn.) A public charitable testamentary trust held to give the trustee no power to alien- ate the property.-Bridgeport Public Library and Reading Room v. Burroughs Home, 82 A. 582.
Legislature had no power to enact 15 Sp. Laws, p. 356, authorizing certain trustees of a public charity to alienate the trust property. -Id.
See Beneficial Associations, § 16; Corporations, 198; Municipal Corporations, §§ 394, 590, 603.
§ 4 (R.I.) The agreement of K. with W. to prosecute at his own expense a suit to set aside a foreclosure sale under mortgage of W., they to divide the proceeds of sale of the land, in case of success, is champertous, and taints with its illegality the deed of the land from W. to K., so that the deed furnishes no basis for such a suit by K.-Kelley v. Blanchard, 82 A. 728. $5 (Conn.) The complaint in an action on a foreign judgment brought by an attorney as assignee held not to justify a conclusion that See Sales, § 364. the attorney violated Gen. St. 1902, § 1351.- Rogers v. Hendrick, 82 A. 586.
A defendant in an action on a foreign judg
ment brought by an attorney as assignee of See Property.
the judgment creditor must allege facts in his
plea in abatement or deny the averments of
the complaint to show that the attorney was See Fraud. not a bona fide assignee, instead of alleging that such facts were disclosed by the complaint.-Id.
§ 6 (Conn.) A purchase of a judgment not See Bills and Notes. appearing to be open to question is not viola- tive of the statute against champerty and maintenance.-Rogers v. Hendrick, 82 Å. 586. 87 (Me.) Under Rev. St. c. 75, § 1, one own- ing land and having a right of entry into it, whether seised of it or not, can convey all his interest in it.-Hooper v. Leavitt, 82 A. 547.
CHANGE OF GRADE.
See Eminent Domain, §§ 101, 145.
See Criminal Law, § 381; Homicide, § 188.
See Counties, §§ 62, 67; Evidence, § 29.
COMMON COUNTS.
See Work and Labor, § 14.
COMMON DRUNKARDS.
See Banks and Banking, § 309; Executors and See Drunkards. Administrators, §§ 206-261; Municipal Cor- porations, § 1037; Receivers, § 152.
See Associations; Corporations, § 231.
CODEFENDANTS.
See Criminal Law, § 877.
COLLATERAL UNDERTAKINGS.
COMMON LAW.
See Evidence, § 80; Insurance, § 723. COMMON SCHOOLS.
See Schools and School Districts.
COMPENSATION.
See Attorney and Client, § 117; Brokers; Con- tracts, 232; Corporations, § 99; Eminent Domain, §§ 69-145; Justices of the Peace, 16; Work and Labor.
COMPENSATORY DAMAGES.
See Damages, § 62.
See Evidence, § 151; Witnesses, §§ 37–176.
See Indictment and Information; Pleading.
III. MEANS AND METHODS OF REG- See Eminent Domain.
$50 (Md.) Code Pub. Gen. Laws 1904, art. 72, 69, re-enacted by Laws 1910, c. 413, im-
posing an inspection fee upon oysters brought See Sales, § 480.
into the state, held not in violation of Const. U. S. art. 1, § 8.-D. E. Foote & Co. v. Stanley, 82 A. 380.
Inspection taxes upon oysters, imposed by Code Pub. Gen. Laws 1904, art. 72, § 69, re- enacted by Laws 1910, c. 413, held valid under Declaration of Rights, art. 15.-Id.
851 (Md.) The inspection fee upon oysters See Criminal Law, § 528. provided by Code Pub. Gen. Laws 1904, art. 72,
§ 69, re-enacted by Laws 1910, c. 413, held not
excessive, and so not a burden to interstate See Judicial Sales, § 31. shipments.-D. E. Foote & Co. v. Stanley, 82 A. 380.
Code Pub. Gen. Laws 1904, art. 72, § 69, re- enacted by Laws 1910, c. 413, imposing inspec- See Gifts, § 2; Insurance, § 712. tion fees upon interstate shipments of oysters, held not invalid because of disposition of the fund collected.-Id.
$ 77 (Md.) Code Pub. Gen. Laws 1904, art. 72, § 69, re-enacted by Laws 1910, c. 413, levy- ing an inspection tax upon oysters, held not in CONNECTING CARRIERS. violation of Const. U. S. art. 1, § 10.-D. E. See Carriers, § 180. Foote & Co. v. Stanley, 82 A. 380.
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