PRESUMPTIONS.

See Appeal and Error, §§ 907-937; Criminal
Law, 88 24, 308, 561; Evidence, §§ 57-84.

PRICE.

See Judicial Sales, § 39.

PRIMARY ELECTIONS.

See Elections, §§ 147, 154.

PRINCIPAL AND AGENT.

See Attorney and Client; Banks and Banking,
$$ 109, 114, 116; Brokers; Building and
Loan Associations, §§ 20, 23; Carriers, § 180;

I. NATURE, ISSUANCE, REQUISITES,
AND VALIDITY.

$46 (N.J.Sup.) Proper practice where serv-
ice of original process in replevin in the dis-
trict court cannot be made in due season stat-
ed.-Walnut v. Newton, 82 A. 317.

PROFITS.

See Corporations, § 314.

PROMISSORY NOTES.

See Bills and Notes.

PROMOTERS.

Contracts, & 138; Corporations, §§ 298-314. See Corporations, §§ 30, 99.

398-433; Counties, § 67; Deeds, § 58; Drug-
gists; Evidence, § 151; Insurance, §§ 388,

PROOF.

645; Intoxicating Liquors, 88, 169, 233; Of loss, see Insurance, §§ 555, 558, 664.
Towns, §§ 39, 45; Trespass, § 24.

III. RIGHTS AND LIABILITIES AS TO
THIRD PERSONS.

(A) Powers of Agent.

§ 101 (N.J.) A third person may hold a prin-
cipal on a contract made by an agent in the
name of the principal, though he does not at
the time know the source of the agent's author
ity, and in support of proof of agency he may
show the customary authority exercised by the
agent sufficient to justify the inference of
knowledge on the part of the principal.-Mur-
phy v. W. H. & F. W. Cane, 82 A. 854.

PROPERTY.

See Constitutional Law, §§ 92, 251-313; Dedi-
cation; Eminent Domain.

is

$ (N.J.Ch.) Property
which the owner can have title; such title be-
something to
ing evidenced by an appropriate instrument.-
Holcombe v. Trenton White City Co., 82 A.
618.

87 (N.J.Ch.) Title is the means whereby a
man hath the just possession of his property.
-Holcombe v. Trenton White City Co., 82 A.
618.

$9 (N.J.Ch.) Title may be evidenced by an
appropriate instrument, but no instrument for
the conveyance of things which are not prop-
erty is known to the law, and none can be con-
trived.-Holcombe v. Trenton White City Co.,

82 A. 618.

PROSTITUTION.

See Criminal Law, § 371.

PROVINCE OF COURT AND JURY.
See Criminal Law, 88 741-764; Trial, §§ 191,
199.

PROVOCATION.

See Assault and Battery, § 66.

PROXIMATE CAUSE.

§6 (Md.) Guaranty differs from suretyship,
in that guaranty is a secondary, while a con-
tract of suretyship is a primary, obligation.- See Negligence, §§ 56-63.
Booth v. Irving Nat. Exch. Bank, 82 A. 652.

PUBLIC BUILDINGS.

III. DISCHARGE OF SURETY.
$97 (Md.) A surety is discharged by any See Counties, §§ 34, 113.
change in the terms of the contract between
the original parties, to which he did not con-
sent, though he may have sustained no injury
thereby.-Booth v. Irving Nat. Exch. Bank,
82 A. 652.

PRIORITIES.

PUBLIC IMPROVEMENTS.

See Municipal Corporations, §§ 280-469.

PUBLIC LANDS.

See Corporations, § 566; Executors and Ad- See Navigable Waters, § 36.

(F) Accidents at Crossings.

§ 350 (Pa.) In an action for injuries to the
driver of a wagon at a railroad crossing, direc-
tion of verdict held proper for failure of evi-
ev-dence to show that plaintiff stopped, looked,
and listened before approaching the crossing.
-Mostoller v. Baltimore & O. R. Co., 82 A.
462.

$91 (Pa.) That connection between rail-
roads involves crossing of siding or switch held I. OFFENSES AND RESPONSIBILITY
not to make proceeding a crossing case, within
Act June 19, 1871 (P. L. 1360), giving courts
of equity power to regulate the mode in which
one railroad shall cross the tracks of another.
-Petition of Western Allegheny R. Co., 82 A.
687.

See Appeal and Error, § 837; Building and See Bail.
Loan Associations, §§ 41, 42; Corporations,
$$ 232, 557, 559, 562, 563, 621; Interest, §
51; Partnership, § 325.

II. APPOINTMENT, QUALIFICATION,
AND TENURE.

$35 (Md.) Code Pub. Gen. Laws 1904, art.
16, § 192, authorizing the court to make such
order as may seem fit as to the possession of
property pendente lite, does not abolish the
rule requiring notice before the appointment of
a receiver, and it was improper to appoint a
receiver for the real estate of a decedent on
the application of a simple creditor, without
notice, an allegation of the insufficiency of the
personal estate having been denied by answer.
-Joyce v. Ragan, 82 A. 992.

IV. MANAGEMENT AND DISPOSI-
TION OF PROPERTY.

(D) Sale and Conveyance or Redelivery
of Property.

§ 142 (Del.Ch.) Where unadministered assets
of an insolvent corporation were sold by the
receivers, the purchaser was entitled to a de-
livery of the corporation's books and records,
subject to the corporation's right to make copies
necessary to preserve evidence of its organiza-
tion and continued corporate existence.-Hirsch-
field v. Reading Finance & Securities Co., 82
A. 690.

$145 (Del.Ch.) The first mortgage is pay-
able out of the proceeds of a receivership sale
of the mortgaged property before any payment
can be made upon the second mortgage.-Wal-
ter v. Peninsula Cut Stone Co., 82 A. 961.
V. ALLOWANCE AND PAYMENT OF
CLAIMS.

§ 152 (N.J.) Under P. L. 1896, p. 277, revis-
ing the laws concerning corporations, claims
against railroads in receivership for traffic ex-
change and for maintenance incurred prior to
the receivership are not preferred claims.-Mas-
sey v. Camden & T. Ry. Co., 82 A. 917.

$154 (Del.Ch.) Where a receiver took con-
trol of mortgaged premises, consisting of a
manufacturing plant, in the belief that its val-
ue was more than sufficient to satisfy the
mortgages, and where, without operating or in
any way improving the plant, he retained and
sold it for less than the mortgages, his acts
being primarily for the benefit of creditors oth-
er than the mortgagees, no part of administra-
tion expenses were chargeable against mort-
gagees. Walter v. Peninsula Cut Stone Co.,
82 A. 961.

157 (N.J.) The receiver of a railroad, by
merely continuing its operation, does not as
sume a prior indebtedness of the road on an
agreement for traffic exchange and maintenance,
so as to entitle the creditor to a preference.-
Massey v. Camden & T. Ry. Co., 82 A. 917.

RECEIVING STOLEN GOODS.

§3 (N.J.Sup.) Guilty knowledge may be
found where defendant received the goods un-
der such circumstances as would satisfy a
man of ordinary intelligence and caution that

RECOGNIZANCES.

RECONVERSION.

See Partition, § 17.

RECORDS.

See Appeal and Error, §§ 500-717, 888, 907;
Certiorari, §§ 51, 55, 64; Costs, § 256;
Criminal Law, § 10812; Estoppel, § 68;
Evidence, §§ 349, 382; Jury, § 148; Receiv-
ers, 142; Vendor and Purchaser, §§ 233,
242, 244.

REFORMATION OF INSTRUMENTS.
See Cancellation of Instruments; Equity, 88
39, 148; Trial, § 83.

I. RIGHT OF ACTION AND DEFENSES.
$19 (Vt.) Reformation of contract by a hus-
band and wife on one part to conform to oral
agreement will be denied, where the only evi-
dence that the wife had knowledge of the oral
agreement was that she signed the written con-
tract, and where, though her solicitor knew of
the oral agreement at the time the written one
was signed, he did not, and had no authority
to, participate in making the oral contract.-
Fife v. Cate, 82 A. 741.

A wife with a homestead interest, who was
a party to a contract, and who had no knowl-
edge of an oral agreement to which it was
sought to conform the contract, was not a mere
nominal party in the sense that her lack of
knowledge would not affect the mutuality of
mistake in the contract.-Id.

II. PROCEEDINGS AND RELIEF.
§ 32 (Md.) In view of a fire insurance com-
pany's ability to ascertain a mistake in the
description of the insured property, held, that
it could not have it reformed in equity four
years after its issuance.-Citizens' Mut. Fire
Ins. Co. of Cecil County v. Conowingo Bridge
Co., 82 A. 372.

The time for suing to reform a contract
made by mistake begins to run from the time
the mistake could have been discovered by us-
ing due diligence.-Id.

§ 44 (Vt.) In an action for reformation of a
written contract, a party may testify as to
what he understood a clause in the contract to
mean.-Fife v. Cate, 82 A. 741.

Evidence of conversation constituting oral
agreement was admissible in action to reform
written contract to conform to the oral, though
some time elapsed between conversation and
signing of contract.-Id.

$45 (Vt.) Evidence showing mistake in a
written contract need only be sufficient to leave
no fair and reasonable doubt as to mistake.-
Fife v. Cate, 82 A. 741.

§ 47 (Vt.) Though a contract could not be re-
formed because one of the parties was not a
party to the oral agreement to which it was
sought to conform it, orators were entitled to
relief by injunction, restricting the use of the
written contract to the intent of the oral agree-
ment.-Fife v. Cate, 82 A. 741.

§ 26 (Pa.) Refusal to transfer proceedings
to federal court held not error, where the con-
troversy is not wholly between citizens of dif- See Easements.
ferent states.-Thompson v. Fitzgerald, 82 A.
212.

See Detinue; Jury, § 25; Process; Sales, § See Banks and Banking, § 301; Carriers, §
480; Witnesses, § 176.

See Appeal and Error, § 1017; Eminent Do- See Appeal and Error, § 736.

main, §§ 235, 236, 243; Executors and Ad-
ministrators, § 247.

I. REQUISITES AND VALIDITY OF
CONTRACT.

§ 53 (Del. Super.) In an action for goods sold
and delivered, whether the defendant purchased
the goods held for the jury.-Perry v. Stayton,
82 A. 87.

II. CONSTRUCTION OF CONTRACT.
§ 85 (N.J.Sup.) Defendants were not bound
by contract to purchase materials from plain-
tiff where a condition on which the contract
was to become binding had been neither com-
plied with nor waived.-United States Cast
Iron Pipe & Foundry Co. v. Cavanagh, 82 A.
507.

V. OPERATION AND EFFECT.
(A) Transfer of Title as Between Parties.
$201 (Vt.) Where a bill of sale, reciting a
valuable consideration and purporting to be ex-
ecuted by the seller, transferred the title to the
buyer, there was a sale, good as against the
seller.-Lyman v. James, 82 A. 177.

VII. REMEDIES OF SELLER.
(E) Actions for Price or Value.

IX. CONDITIONAL SALES.
$480 (Me.) In replevin for a horse, which
plaintiff sold to a third person under a reser-
vation of title until payment of the price, evi-
dence held to show that the buyer sold the
horse to one under whom defendant claims
before plaintiff recorded his title note.-Randall
v. Sullivan, 82 A. 1011.

SAVINGS BANKS.

See Banks and Banking, §§ 300–309.
SCHOOLS AND SCHOOL DISTRICTS.
See Taxation, § 242.

II. PUBLIC SCHOOLS.
(H) Pupils, and Conduct and Discipline of
Schools.
§ 159 (N.H.) Under Laws 1909, c. 100, the
action of a school board in paying tuition for a
the inference of the approval, so as to charge
pupil at a school outside of the state justified
the board with subsequent tuition.-Pushee v.
Lyme School Dist., 82 A. 718.

of facilities for transportation.-Id.

Accessibility, within Laws 1909, c. 100, of a
high school outside the state, does not depend
§ 348 (Pa.) In suit for price of coke deliv-only on distance, but involves also the matter
ered before time for final deliveries, affidavit
of defense, alleging that plaintiff had given
notice that it would not make the remaining
deliveries called for, and that defendant would
be damaged to the extent of the difference be-

tween the contract price and the market price,

held insufficient.-Echard Coal & Coke Co. v.
Mudge, 82 A. 1110.

§ 353 (Del.Super.) Counts of a complaint in
an action for goods sold and delivered held not
insufficient, as based on a contract without con-
sideration.-Perry v. Stayton, 82 A. 87.

tending school outside of the state is not en-
A school board paying tuition for a pupil at-
titled to withdraw arbitrarily its approval of
the school.-Id.

school board under Pub. St. 1901, c. 92, § 1,
$1592 (N.H.) Statement as to discretion of
as to furnishing transportation to and from
school for one living more than walking dis-
of Union School Dist. of Littleton, 82 A. 173.
tance from school.-Fogg v. Board of Education

SCIRE FACIAS.

$354 (N.J.Sup.) Under Sale of Goods Act,
45, a plea setting up a breach, by reason of de- See Building and Loan Associations, 39.
fective delivery of one or more installments,
must aver its materiality.-Corey Co. v. Minch,

$2 A. 304.

SEALS.

$358 (Pa.) In action for price of goods, See Justices of the Peace, § 122.

admission in evidence of mortgages on the
goods by plaintiff to show plaintiff's ownership

SECONDARY EVIDENCE.

which was denied held not error, in view of See Evidence, §§ 157-178.
prior admission of testimony of existence of
the mortgage.-Curtin v. People's Natural Gas
Co., 82 A. 503.

$364 (Pa.) In an action for the price of
tools, request for instruction as to date of
completion of contract held properly refused
because so drawn that it might have been mis-
understood.-Curtin v. People's Natural Gas
Co., 82 A. 503.

SELF-DEFENSE.

See Criminal Law, § 814; Homicide, §§ 101,
109-119, 151, 188.

SELF-SERVING DECLARATIONS.
See Evidence, § 271.

SENTENCE.

Purchaser who agreed to pay chattel mort-
gage but failed to do so held not entitled in ac-
tion for price to instruction that plaintiff could See Criminal Law, §§ 977, 982.
recover only the excess over the mortgage
claim.-Id.

(F) Actions for Damages.

SEPARATE ESTATE.

See Husband and Wife, § 113.

§ 382 (N.J.Sup.) In an action for breach of
contract to purchase materials for use in a
SEPARATE MAINTENANCE.
city improvement, evidence that no improve- See Husband and Wife, §§ 283-299.

ment bonds were issued pursuant to an ordi-
nance referred to in the contract held admis-
sible.-United States Cast Iron Pipe & Found-
ry Co. v. Cavanagh, 82 A. 507.

VIII. REMEDIES OF BUYER.
(D) Actions and Counterclaims for Breach
of Warranty.

SEPARATION.

See Husband and Wife, §§ 283-299.

SERVANTS.

See Master and Servant.

SERVICES.

§ 442 (N.H.) The measure of damages for a
breach of contract to sell white pine plank is
the difference between the agreed price and the See Work and Labor.
price for which the buyers could have pur-
chased the same material in the market.-New
England Box Co. v. Prentiss & Wilder, 82 A.
531.

SERVITUDE.

See Easements.