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value of premises. Barnett v. Nelson (Iowa S. C.), 198
MASTER AND SERVANT. Negligence ; con-
tributory negligence by employee; what does not
master, not co-servant. Kelly v. Johnson (Mass.
defective machinery through negligence of co-ser-
and brakeman not co-servants. Braun y. Chicago,
R. I. & P. R. R. Co. (Iowa S. C.).
negligence of co-servant. McMahon v. Henning (U.
depends; superintendent performing duty of opera-
installment due on contract. Merchant v. Ottuin-
for repairs without her authority or consent. Stein-
to be prejudicial to him, not void but voidable.
bility for trespass of Sprague v. Tripp (R. I. S. C.).. 236
municipal liability; recital in bonds; bona fide
holder; estoppel. Buchanan v. Litchfield (U. S.S. C.) 516
not invalidate bonds; recitals in deed do not estab-
lish deed. Singer Manuf. Co. v. Elizabeth (N.J.S. C.) 517
houses, included power of total prohibition within
specified limits Cronin v. People (N. Y. App.). ... 430
nication of patient to physician. Wilson v. Granby
street. City of Logansport v Dick (Ind. S. C.). 183
den of proof. Luedecke v. Buffalo (Buff. S. C.) 97
bridge not owned by it in its limits. Bishop v. Cen-
area in city; statutory construction; power to regu-
must precede action does not preclude set-off ; claim
chise but a license. Buffalo C. R'y Co. v. N. Y. C.
ments for local improvements. Olive Cemetery Co.
falling into a trench near a public building; when
New York City ; Patent.
session when he feels insecure, not arbitrary. Roy
First National Bank of Alexandria v. Turnbull (Va.
not discharge. Heirly v. Mattisou (Iowa S. C.)..... 397
NATIONAL BANKS. Construction of Federal
statute; State court has jurisdiction in action against
of bank. Robinson v. National Bank (N. Y. App.), 15
cers of. Commonwealth ex rel. Torrey v. Kettner
National Bank (Penn. S. C.), 313; Zeigler v. First Na-
tional Law. National Albany Exchange Bank v.
liable for gross negligence ; question for jury. Car-
no duty of protection to children trespassing upon
proof of want of. Smith v. Boston Gas-Light Co.
negligence of officer in not preventing. Borough of
Morristown v. Fitzpatrick.....
pany liable after notice. Eggleston v. "Columbia
crossing, if not contributing to injury from railroad
sparks of engine leased to run on private road. Mar-
not evidence of negligence. Reading & C. R. R. Co.
out notice; question of fact. Hart v. Chicago, R. I.
gers ; Insurance, Fire; Master and Servant: Municipal
able delay to present bill discharges drawer. Allan
payment on forged indorsement; rights and liabili-
"annually to "interest." Leonard v. Phillips
essential to negotiability of. Porter v.Jonesville (U.
when unavailable. Fayette Co. Sav. Bank v. Steffes
evidence; protest of promissory note unnecessary.
debtor is, but not if surrendering dishonored check;
NEGOTIABLE INSTRUMENTS-Cont'd. PAGE.
of law. Brooklyn C. & N. R. R. Co. v. Nat'l Bank (U.
identity of maker falsely represented by payee.
for cause; supervising engineer not answerable for
ple ex rel. Campbell v. Campbell (N. Y. App.)........ 334
notice to client; equitable interest. Cave v. Cave
Seo Statutory Construction,
OFFICE AND OFFICER. Eligibility; removal of
disabilities after election and before entering on du-
posed welfare of children, the parents being on an
wealth ex rel. Drummond v. Ashton (Phila. Qr.
rentis. Smith v. Rogers (Kans. S. C.)...
and frivolous. Becker v. Weisner (Buff. S. C.).......
brought, irrelevant, etc, Storck v. Buffalo German
tory construction; certificate of probable cause.
Campbell v. James (U. S. C. C., N. Y.).......
charging arrest; opinion of court below cannot
control order In re Nebenzahl (N. Y. App.) 114
error before exceptions signed no waiver; date of
term ; appeal. Phillips v. Ordway (U. S. S. C.)
not sufficient. Knapp. Rec., v. Roche (N. Y. App.). 454
be filed. Brooks v. Burlington & S. Ry. Co. (U.S.
sufficient to authorize. Belmont v. Coenen (N. Y.
be referred to for explanation ; discretion of court
Cox v Hillyer (Ga. S. C.)
See Erecutor ; Criminal Law; Tender.
der (ind libel.
purely Burd Orphan Asylum v. School Dist
(Penn. S C.).....
creditor to induce him to join in compromise, not
recoverable back. Solinger y Earle (N. Y. App.).... 474
misdemeanor; right to return of securities deposited.
law right to a copy or abstract of entire records in
PARTIES. To suit to determine validity of will, per-
sons not in esse. McArthur v. Allen (U. S. C. C.,
third person; sub-partnership ; sub-partner not
liable as partner. Burnett v. Snyder (N. Y. App.)... 337
by agreement of dissolution; vesting one partner
firm in name of single meinber. Yorkshire Bkg, Co.
Act, 1851, $ 11; arbitration clause; order of reference.
creditor may eiect between firm and individual liabil.
creditor may hold both firm and individual partners;
Boston & C. S. Co.
debt out of, by payment. Goodwin v. Parton (Eng.
tion liable for infringement. Munson v. Mayor
against purchasers from other manufacturers; when
Whennaient enterprise is not.
RAILROADS. Action lies to compel construction
of farm crossing. Jones v. Seligman, Trustee (N. Y.
of leased road liable for cattle killed by failure to
fence, Fontain v. Southern P. R. R, Co. Cal. S. C.), 57
company not liable for injury to adjoining property.
nent Domain; Franchise; 1 junction; Jurisdiction;
Municipal Corporations; Negligence.
highway; right of way not. Walton v. Wray (Iowa
v. Indianapolis & L. F. R. R. Co. (U.S. C. C., Ohio). 216
enant of corporation to pay rent. People v. Nat'l
take possession upon default, receiver may be ap-
Co. v. Superior Court (Cal. S. C.)......
prejudice mortgagee. Sinclair v. Slawson (Mich.
unauthorized discharge by assignor after assign-
surety's land under mortgage sale. Hassey v. Wilke,
Tie to compel restoration to membership. State ex
rel. Soares v. Hebrew Congregation (La. S. C.). ..... 483
ing to, from State to Federal courts, does not pro-
hearing. Jifkins v. Sweetser (U.S. S. C.)... 516
citizenship of the parties cannot be controverted.
party bringing about entitled to. Austrian Case... 422
See Husband and Wife.
by land of grantor, when not aliowable. Mayor v.
necessary age. Pennsylvania Coal Co. v. Sanderson
pensation for appropriation ; eminent domain. City
SEDUCTION. See Evidence.
also an editor of a newspaper, cannot be summarily
Steinman aad Hensel, attorneys (Penn. S. C.)....... 311
charged ; evidence of repetition of words admissible
known to defendant not provable. Hatfield v.
public officer. Hamilton v. Eno (N. Y. App.)....... 196
by naval officer on resignation of plaintiff. Maurice
ment to purchase subject to not agreement to
can only be avoided by parties to , marine insurance:
contract. Providence Christian Union v. Elliott (R.
notice of arbitration, when unnecessary. Morton v.
ment of debt to person other than creditor. Din-
Merchants' Nat. Bank of Baltimore v. First Nat.
has no funds with drawee. Brush v. Barrett (N. Y.
commencement of the action in which it is pleaded.
struction; old Code, 3 101; new Code, 88 381, 414; Laws
of interest not evidence of demand. Brown v.
controlling general – majority of official board act
ch. 741; 1851, ch. 479. Acker v. Acker (N. Y. App.).. 35
follow State courts as to State statutes Molar v.
Grand Jury; Mails ; Municipal Corporations ; Na-
tice ; Railroads.
debts between members. Ec parte Grant; Re Plum-
by unreasonable and indirect route Davis v. Somer-
ing contract to sell real estate from vendee as secu-
rity ; Statute of Frauds. Roe v. Barker (N. Y. App.), 495
SABBATH BREAKING. See Criminal Law.
opening; intervention of third person. Blackburn
delivered; death of horse before sale became abso-
when part delivery gives right of action. 'Avery v.
fraudulent purchaser good delivery. Old Dominion
ute of Fraudis.
trustees Hun, Rec'r, v. Cary (N. Y. App.)...... 329
solvency: special deposits. Stocton, Atl'y-Gen.,
of building remaining thereon. Johnson v. Heiser
imposed by law passed subsequent to execution.
estoppel; office vacant by default in Aling bond;
legal action against debtor. Hunt v. Purdy (N. Y.
tion of instrument ; change of employment. Collier
ULTI VIRES. Savings bank may borrow money
and inortgage securities ; estoppel by law does not
packing instead of at that of sale ; evidence; one
witness may prove usage. Jones v. Hoey (Mass. S. C.) 297
on conflicting evidence ; certifcate by maker of, no
absence of evidence to the contrary; compound in.
Matter of Hoole
New York for use in another State. Wayne County
of mortgage. Fellows v. Wallace (Buff. s. C.).
exists; commissions. Guggenheimer v. Geiszler (N.
TAXATION. Of corporation must be at principal
office as set forth in its certificate of incorporation ;
Union Steamboat Co. v. Buffalo (N. Y. 8. C.) ....... 433
rant valid on its face. Moss v. Cummins (Mich.
improvement. Olive Cemetery Co. v. Philadelphia
of Redemptionist Fathers v. Boston (Mass. S. C.). . 375
privilege to telegraph company invalid. State ex
of debt without costs after suit brought, no avail ;
sale; bona fide purchaser. Taylor v. McKeand (Eng.
See Municipal Corporations.
to follow calling within specified limits. Cook v.
restrained. Thorley's Cattle Food Co. v. Massam
palace; right to transfer name on removal. Arms-
erty and premises where business conducted does
whisky and rock candy not. Van Beil v. Prescott
wrong-doer without knowledge, liable. Hazleton v.
grain when converted. Gerinan National Bank v.
change implies power to make. Phelps v. Shrader
court. Chesterman v. Eyland (N. Y. App.) ...... 129
WAGER. See Contract.
ural stream; artificial increase in volume of stream
by act of another Sellick v. Hall (Conn. S. C.). .. 417
See Eminent Domain; Riparian Rights.
nesses ; mero silent presence at reading is not. Aus-
vise to children gives her fee. Foose y. Whitmore
(N. Y. App ).....
are. Londesborough v. Fitzgerald (Eng.)....
nesses initialling interlineations and margin. In
the goods of Blewitt (Eng. P. D. & A. Div.)....
vall Patching v. Barnett (Eng. Ch. D.)
peals will not reverse on facis; evidence; parol not
WITNESS. Cor.viction of felony in one State dis-
qualifies in another State v. Foley (Nev: S. C.). . 282
est as heir does not disqualify. Smalley v. Smalley