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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.

VIII. ACTIONS.

§ 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.

1068.

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 Health, § 7.

BOARDS.

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.

BONDS.

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§ 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.

BRAKES.

See Street Railroads, § 65.

BREACH.

See Charities, 30; Contracts. $$ 279-343;
Covenants, $ 103; Sales; Vendor and Pur-
chaser, §§ 350, 351.

BRIBERY.

See Contracts, §§ 113, 138.

BRIDGES.

See Appeal and Error, §§ 69, 460; Bail: Bank- See Trial, § 141.
ruptcy, 421; Bills and Notes, § 437; Con-
tracts, § 137; Criminal Law, § 1076; Dam-

BRIEFS.

BROKERS.

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.

BONUS.

See Corporations, § 232.

BOOKKEEPERS.

See Evidence, § 178.

BOOKS.

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.

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§ 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.

BUILDINGS.

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.

151.

BURDEN OF PROOF.

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.

BY-LAWS.

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.

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(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.

V.

CAUSA MORTIS.

§ 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.

(I) Connecting Carriers.

CAVEAT EMPTOR.

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.

com-

§ 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.

CERTIFICATE.

See Certiorari, §§ 51, 55, 64: Contracts, $$
287, 290; Corporations, §§ 88, 99, 103, 230.

CERTIORARI.

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-

MINATION.

§ 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.

See Jury, 131.

CHALLENGE.

CHAMPERTY AND MAINTENANCE.

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§ 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.

"Cy pres" defined.-Id.

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.

CHARTER.

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

CHATTEL MORTGAGES.

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.

CHATTELS.

CHEAT.

CHECKS.

CHILDREN.

§ 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.

See Equity.

CHANCERY.

CHANGE OF GRADE.

See Eminent Domain, §§ 101, 145.

CHARACTER.

See Criminal Law, § 381; Homicide, § 188.

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CIVIL SERVICE.

See Counties, §§ 62, 67; Evidence, § 29.

CLAIMS.

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.

CLERICAL ERRORS.

See Pleading, § 325.

CLOUD ON TITLE.

See Quieting Title.

CLUBS.

See Associations; Corporations, § 231.

CODEFENDANTS.

See Criminal Law, § 877.

COLLATERAL UNDERTAKINGS.

See Guaranty.

COMITY.

See Courts, § 506.

COMMERCE.

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.

COMPETENCY.

See Evidence, § 151; Witnesses, §§ 37–176.

COMPLAINT.

See Indictment and Information; Pleading.

CONDEMNATION.

III. MEANS AND METHODS OF REG- See Eminent Domain.

ULATION.

$50 (Md.) Code Pub. Gen. Laws 1904, art.
72, 69, re-enacted by Laws 1910, c. 413, im-

CONDITIONAL SALES.

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.

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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

CONFIRMATION.

excessive, and so not a burden to interstate See Judicial Sales, § 31.
shipments.-D. E. Foote & Co. v. Stanley, 82
A. 380.

CONFLICT OF LAWS.

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.

CONGRESS.

See Bankruptcy, § 9.

$ 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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