IV. COMPENSATION AND LIEN. Third party, to whom corporation selling stock causes note for purchase money to be made 43 (2) (Wis.) Having performed services, payable, held not a "holder in due course."-Id. 343 (Neb.) A bank purchasing with full may recover on quantum meruit notwithstandknowledge that the note was given to pay in- ing invalidity of parol contract.-Seifert v. Dirk, surance premium prior to delivery of policy 46 (Minn.) Where broker's agent has no held not a bona fide holder.-Stockmen's State exclusive right, owner may sell without being Bank v. Fisher, 55. liable for commissions.-Peters v. Ruebenhagen, 16. VIII. ÁCTIONS. 452(2) (Neb.) Maker of notes to corporation for capital stock delivered held estopped to deny ownership by corporation.-Union Nat. Bank of Beloit, Kan., v. Moomaw, 51. 453 (Iowa) Parol agreement to vary blank indorser's liability held inadmissible.-Berry v. Gross, 661. 497(5) (Neb.) When burden on plaintiff to show that it is a bona fide holder stated.-Union Nat. Bank of Beloit, Kan., v. Moomaw, 51. 516 (Minn.) Evidence held to justify verdict for defendant.-Drovers' Cattle, Loan & Inv. Co. v. McGraw, 365. 698. 57(1) (Minn.) Broker not entitled to commission for tender of contract not in accordance with authorization.-Bergh v. Stanek, 371. 57(1) (Minn.) Broker agreeing to sell for cash, procuring a purchaser for part cash and assumption of mortgage, does not earn commission.-H. W. White Inv. Co. v. Kelso, 790. 60 (Iowa) Abandonment of contract negotiated by parties does not defeat right to retain commission from deposit made by purchaser.-Smith v. Eells, 385. V. ACTIONS FOR COMPENSATION. 82(1) (Wis.) To recover on quantum meru516 (S.D.) Proof of possession and own- it for services rendered under invalid parol broership of note prima facie case for plaintiff.-kerage contract, must plead such cause of acBritton Milling Co. v. Williams, 265, 268. tion.-Seifert v. Dirk, 698. 537(6) (Neb.) On conflicting evidence, bona fides for jury.-Union Nat. Bank of Beloit, Kan., v. Moomaw, 51. 37(3) (Neb.) Evidence sustaining finding as to location of government quarter corner. McShane v. Murray, 147. 52(2) (Iowa) Plaintiff held to have waived allowance of time to file exceptions to commissioner's report.-Cronk v. Dunlap, 637. BREACH OF MARRIAGE PROMISE. 21 (Neb.) Evidence as to defendant's reputation for wealth held admissible.-Fellers v. Howe, 122. 31 (Neb.) $23,000 held excessive for breach of marriage promise.-Fellers v. Howe, 122. 86(1) (Minn.) Evidence sustaining finding that owner rejected prior sale by broker without cause.-Peters v. Ruebenhagen, 16. 88(1) (Minn.) Evidence in action for commission held to present issues of fact for jury. -Alton v. Merritt, 610. VI. RIGHTS, POWERS, AND LIABILITIES II. PROSECUTION AND PUNISHMENT. 45 (Mich.) Evidence as to intent to use burglar's tools sufficient to go to jury.-People v. Donvan, 863. BURYING GROUNDS. See Cemeteries. CANCELLATION OF INSTRUMENTS. I. RIGHT OF ACTION AND DEFENSES. 10 (Mich.) Failure to receive interest in crops transferred not grounds for rescission.Dennis v. Slyman, 584. 22 (S.D.) Suit to rescind conveyance not clare forfeiture.-Hegge v. Hegge, 800. barred by absence of notice of intention to de II. PROCEEDINGS AND RELIEF. 35(3) (Neb.) In action to cancel deeds it is proper to join party fraudulently obtaining it with the party purchasing with notice.Bailey v. Chilton, 939. 20 (2) (Neb.) A "culvert" is a "bridge" within the statute validating contracts for 37(4) (S.D.) Offer to restore nonnegotiable construction or repair of bridges.-Central note not condition of rescission.-Hegge v. Bridge & Construction Co. v. Saunders Coun- Hegge, 800. ty, 220. BRIEFS. See Appeal and Error, 757. BROKERS. CARRIERS. 32 (2) (Minn.) Provision in bill of lading filed with Commission requiring notice of claims in writing cannot be waived by carrier. II. EMPLOYMENT AND AUTHORITY. 8(3) (Minn.) Finding that brokers negotiating lease of office building was lessor's-Carbic Mfg. Co. v. Western Express Co., 35. agent sustained.-O'Neil v. Davidson, 194. 8(3) (Neb.) Evidence held insufficient to sustain defenses as to expiration of contract and revocation of contract before production of purchaser.-Baughan v. Schnelke, 164. 11 (Neb.) Plaintiff may not recover for loss of profits on sale which was not bona fide. -Lowman v. Shotkoski, 107. II. CARRIAGE OF GOODS. (F) Loss of or Injury to Goods. 108 (Minn.) A carrier is an insurer of the safe transportation of goods.-De Vita v. Payne, 184. 110 (Iowa) Duty of carrier to carry a shipment safely with due regard to its character.— 1047 INDEX-DIGEST For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER E. H. Emery & Co. v. American Refrigerator | II. PROCEEDINGS AND DETERMINATION. Transit Co., 750. 117 (Minn.) Inspection by consignor before loading held not to relieve carrier from duty of furnishing suitable cars.-De Vita v. Payne, 184. 60 (Mich.) Writ dismissed, where no return by judge to whom directed, and no effort made to secure one.-Harrington v. Otsego County Board of Sup'rs, 396. 121 (Minn.) It avails nothing to show shipper negligent if damage would not have oc- See Equity. curred except for carrier's fault.-De Vita v. Payne, 184. (H) Limitation of Liability. CHANCERY. CHATTEL MORTGAGES. V. RIGHTS AND REMEDIES OF CRED- 159(1) (Minn.) Notice of claim held not sufficient within bill of lading.-Carbic Mfg. Co. 197(1) (N.D.) Creditor attaching engine v. Western Express Co., 35. (I) Connecting Carriers. prior to filing of purchase money mortgage held VII. REMOVAL OR TRANSFER OF PROP- 180 (3) (Minn.) Bill of lading provision as to time for suits for and notice of loss held not to apply where carrier's agent received and absconded with money collected for goods. -M. W. Savage Factories v. Canadian North-229(1) (N.D.) Evidence in conversion acern Ry. Co., 367. 185(3) (Minn.) Proof of delivery to carrier in good condition and to consignee in damaged condition sufficient to sustain recovery against initial carrier.-De Vita v. Payne, 184. 187 (Iowa) Under evidence as to negligent handling of shipment of grapes direction of verdict for defendant held error.-Bolatti v. Wabash Ry. Co., 641. III. CARRIAGE OF LIVE STOCK. 208 (N. D.) When furnishing facilities and utilities for reception of cattle carrier must have same suitable and reasonably safe.--Booke & Olson v. Payne, 803. (A) Rights and Liabilities of Parties. tion held to warrant directing verdict for defendant purchasers from mortgagor.-American State Bank v. Dayton, 665. CHILDREN. 219(4) (Neb.) A notice to a shipper, after See Infants; Parent and Child. failure to make connections held to constitute delay under original shipping agreement.-Berliner v. Director General of Railroads, 914. CITIES. 229 (2) (Neb.) Measure of damages for de- See Municipal Corporations. layed shipment stated.-Berliner v. Director General of Railroads, 914. 230(2) (N.D.) Carrier's breach of duty and contributory negligence as to stock lost in wandering into a reservoir before shipment held for the jury.-Booke & Olson v. Payne, 803. IV. CARRIAGE OF PASSENGERS. 280(4) (Neb.) Owner of passenger elevator must use same care as common carriers.Dailey v. Sovereign Camp, W. O. W., 920. CLASS LEGISLATION. 212-253. See Bills and Notes. COMMISSIONERS. See Public Service Commissions. COMPROMISE AND SETTLEMENT. See Accord and Satisfaction. 283 (5) (Neb.) Building owner liable for injury of person without fault by elevator operated by unskilled and inexperienced person.-6(4) (Iowa) Settlement of disputed claims Dailey v. Sovereign Camp, W. O. W., 920. upheld, though claims not valid or enforceable. -Stuart v. White, 337. (Iowa) Universally favored.-Stuart v. White, 337. 22 (Neb.) One claiming that a settlement did not include all debts due must plead and prove it. Stuart v. Torry, 215. 24 (S.D.) Whether there was a settlement of buyer's claim for damages for breach of warranty held for the jury.-Mundon v. Greenameyer, 257. CONDEMNATION. For validity of statutes relating to particular II. CONSTRUCTION, OPERATION, AND EN- 13 (S.D.) Effect given to intent of framers.-State v. Reeves, 993. 14 (S.D.) Words presumed to have been used in their ordinary sense.-Christopherson v. Reeves, 1015. IV. POLICE POWER IN GENERAL. 8! (Iowa) Gasoline and oil filling station may be enjoined in exercise of police power, though not nuisance per se.-City of Des Moines v. Manhattan Oil Co., 823. "Police power" defined.-Id. Subject of police regulation need not be inherently wrong, nor does fact it restricts individual citizen's rights render it void.-Id. Police power extends to public convenience and prosperity as well as health and morals.Id. 26 (S.D.) Legislature's power restricted X. EQUAL PROTECTION OF LAWS. only by powers delegated to federal govern-212 (Iowa) Constitutional guaranties and ment and restrictions of state Constitution.- restrictions as to equal protection of laws not State v. Reeves, 993. designed to limit police powers.-City of Des Moines v. Manhattan Oil Co., 823. 26 (S.D.) Rule as to implied powers and limitations stated.-State v. Reeves, 1007. XI. DUE PROCESS OF LAW. con 38 (S.D.) Validity of statute not dependent on existence of facts rationally believed 251 (Neb.) "Due process of law" to be established.-State v. Reeves, 993. 39 (Iowa) Law or ordinance not void or 14 of Richardson County, 141. strued.-Albin v. Consolidated School Dist. No. unreasonable because forbidding acts thereto-253 (Iowa) Constitutional guaranties and fore innocent and lawful.-City of Des Moines restrictions as to due process of law not designv. Manhattan Oil Co., 823. 43(1) (Neb.) Owner's actual knowledge v. Manhattan Oil Co., 823. ed to limit police powers.-City of Des Moines cannot invalidate proceedings under condemna-281 (Neb.) Condemnation act invalid for tion act, invalid because it did not provide for failure to provide for notice of meeting of apnotice.-Albin v. Consolidated School Dist. No. praisers.-Albin v. Consolidated School Dist. 14 of Richardson County, 141. No. 14 of Richardson County, 141. 47 (S.D.) Statute constitutional, unless it appears otherwise from language of act or judicially known facts.-State v. Reeves, 993. 48 (Iowa) Acts not held invalid except in clear case.-Camaras v. Sioux City, 821. Acts construed to uphold validity.-Id. 48 (Iowa) Statute not held unconstitutional unless clearly so.-City of Des Moines v. Manhattan Oil Co., 823. 48 (S.D.) Unconstitutionality of statute must appear beyond reasonable doubt.-State v. Reeves, 993. Statute must be construed so as to be held valid, if possible.-Id. 296(1) (Minn.) Act defining and regulating maternity hospitals held not in violation of Constitution as taking property without due process of law.-State v. Women's and Children's Hospital Ass'n, 1022. lage and others, restraining removal of build315 (Minn.) Denying injunction against vilings and mining ore from town site, held not in violation of due process clause.-Reed v. Village of Hibbing, 842. CONTINUANCE. See Criminal Law, 589-603. Statute presumed constitutional.-Id. Legislature presumed to have found existence of facts necessary to validity of stat-See ute.-Id. 48 (S.D.) Statute sustained unless clearly unconstitutional.-State v. Reeves, 1007. III. DISTRIBUTION OF GOVERNMENTAL 60 (Iowa) Constitutional guaranties and restrictions against delegation of powers not designed to limit police powers.-City of Des Moines v. Manhattan Oil Co., 823. CONTRACTS. Assignments; Bills and Notes; Breach of Marriage Promise; Compromise and Settlement; Covenants; Exchange of Property; Frauds, Statute of; Guaranty; Indemnity; Novation; Release; Sales; Specific Performance; Vendor and Purchaser. I. REQUISITES AND VALIDITY. (A) Nature and Essentials in General. 10(4) (S.D.) Requiring seller to deliver goods on buyer's order, without obligation on mutuality.-McCaull-Dinsmore Co. v. Heyler, buyer's part to accept goods, void for want of 243. Void for want of mutuality for failure to obligate buyer to order goods became binding on buyer's order of goods.-Id. Act requiring cities to create restricted residence districts on petition of owners held, not to delegate authority to private persons.-Id. (B) Judicial Powers and Functions. 70(1) (S.D.) Acquisition and maintenance of public buildings an exercise of legislative (B) Parties, Proposals, and Acceptance. powers with which court has no concern.-State 23 (Minn.) An offer to accept with qualifiv. Reeves, 993. cation not acceded to is rejection.-Bergh v. 70(3) (Iowa) Courts cannot interfere with police regulation unless clearly unconstitutional, or not within legislative jurisdiction.-City of Des Moines v. Manhattan Oil Co., 823. 70(3) (S.D.) Legislative determination as to expense allowance given judges conclusive in absence of bad faith.-State v. Reeves, 993. Act not void, regardless of how inconsiderate, illogical, or shocking, where not in conflict with Constitution.-ld. Stanek, 371. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER Renner v. Model Laundry, Cleaning & Dyeing II. CONSTRUCTION AND OPERATION. 152 (Neb.) Court will give due force to grammatical arrangement of words and clauses in construction unless varying with parties' intention.-Baylor v. Hall, 886. VI. OFFICERS AND AGENTS. (C) Rights, Duties, and Liabilities as to Corporation and Its Members. 320 (1) (Minn.) Volunteer stockholder's action against trustees to compel restoration of profits wrongfully appropriated is in effect a suit by corporation.-Eriksson v. Boyum, 961. Volunteer stockholder, suing trustees for wrongful appropriation of profits, cannot bind corporation for expenses if suit fails.-Id. VII. CORPORATE POWERS AND LIABILITIES. A relative word or clause will generally be construed as referring to its nearest anteced- (B) Representation of Corporation by Ofent.-Id. ficers and Agents. 169 (Neb.) Where written contract is sus-414(5) (Neb.) Notes held admissible withceptible of two interpretations, parol evidence out proof of authority of treasurer of payee to introduced without objection will be considered. execute indorsement.-Union Nat. Bank of Be-Lowman v. Shotkoski, 107. loit, Kan., v. Moomaw, 51. (C) Subject-Matter. 189 (Neb.) Clause construed as referring to its nearest antecedent.-Baylor v. Hall, 886. 432 (12 (Mich.) Evidence held to show prima facie apparent power in director to employ manager of branch office.-Hunt v. Stromberg Motor Devices Co., 459. 433 (1) (Mich.) Question of agency for IV. RESCISSION AND ABANDONMENT. jury, if reasonably inferable from evidence. 252 (Iowa) Agreement to rescind implies-Douglas v. Insurance Co. of North America, obligation to restore status quo.-Smith v. 539. Eells, 385. V. PERFORMANCE OR BREACH. XI. DISSOLUTION AND FORFEITURE OF 320 (N.D.) Right of recovery for defec-619 (Neb.) Directors of dissolved corporative performance stated.-Kasbo Const. Co. v. Minto School Dist. of Cavalier County, 1029. CONVERSION. See Trover and Conversion. 19(2) (Neb.) Devise to wife for life, with direction for sale at her death, worked equitable conversion as of testator's death.-Maxwell v. Maxwell, 227. CORPORATIONS. See Banks and Banking; Carriers; Municipal IV. CAPITAL, STOCK, AND DIVIDENDS. 79 (Neb.) Not bound by agent's oral agreement where written contract provided that no other agreements should be binding.-Schuster v. North American Hotel Co., 136. (D) Transfer of Shares. tion whose duties as trustees are fixed by statute not entitled to instructions from equity court.-Shurtleff v. Schoenleber, 814. Before equity assumes control of trustees of dissolved corporation, neglect, omission of duty, or abuse of trust must appear.-Id. 625 (N.D.) In action by receiver against treasurer for accounting, evidence held to sustain judgment of dismissal.-Meyer v. Hernett, 619. XII. FOREIGN CORPORATIONS. 665 (3) (Minn.) Changes of rates and benefits by fraternal beneficiary association pertain to its internal affairs.-Olsen v. Danish Brotherhood in America, 178. Courts will not interfere with management of internal affairs of foreign fraternal beneficiary association.-Id. COSTS. IV. SECURITY FOR PAYMENT. 118 (Iowa) Amount of cost bonds in discretion of trial court.-Miller v. McCutchan, 387. COUNTERCLAIM. 116 (S.D.) Statements by seller of stock held representations of fact.-Britton Milling See Set-Off and Counterclaim. Co. v. Williams, 265, 268. COUNTIES. 121 (6) (S.D.) Whether buyer of stock was induced by misrepresentations to sign purchase- IV. FISCAL MANAGEMENT, PUBLIC DEBT, money note held for jury.-Britton Milling Co. v. Williams, 265, 268. SECURITIES, AND TAXATION. 127 (Minn.) Corporation, on learning of 152 (Neb.) Bridge construction in anticiassignment of stock, may transfer on records pation of levy valid.-Central Bridge & Conwithout surrender thereof or request from pur-struction Co. v. Saunders County, 220. chaser.-Ohman v. Lee, 41. Statutes and by-laws as to transfer of stock may be waived by corporation.-Id. 139 (Minn.) Stubs in stockbook held evidence of transfers therein noted.-Ohman v. Lee, 41. Bridge construction held not invalid for want of funds.-Id. Cost of culverts chargeable to county bridge fund.-Id. 168(2) (Neb.) When warrants not payable from funds of subsequent year.-Central Bridge & Construction Co. v. Saunders County, 220. Stock transfers on records presumed prop-178 (Neb.) Special provision for submiterly made.-Id. V. MEMBERS AND STOCKHOLDERS. (D) Liability for Corporate Debts and Acts. ting to voters proposition for bonds for county courthouse controls rather than general provisions. State v. Marsh, 901. 190 (2) (Neb.) The words "plus 85 per cent. of the levy for the current year," as re244(5) (Minn.) Purchase of stock consti-lated to bridge funds, construed.-Central tutes authority to transfer of record.-Ohman | Bridge & Construction Co. v. Saunders Counv. Lee, 41. ty, 220. Purchaser of capital stock exercising stock- "Current year" and "ensuing year" as used holder's rights liable as such, though stock not in statute relating to bridge funds construed. transferred on records.-Id. -Id. 190(2) (N.D.) Act construed as limiting total taxes to one-third of combined levies for years 1918-1920.-Northern Pac. R. Co. v. Tucker, 983. V. CLAIMS AGAINST COUNTY. 198 (Neb.) Interest must be contracted for or imposed by statute.-Central Bridge & Construction Co. v. Saunders County, 220. COURTS. CRIMINAL LAW. See Assault and Battery, 86-88; Bribery; IV. JURISDICTION. ~~~84(1) (Wis.) Circuit Court's jurisdiction taken away only by unmistakable language.— 84(6) (Wis.) Kenosha county circuit court has jurisdiction to summon grand jury and pro See Criminal Law, 84; Judges; Justices of State v. Fischer, 774. the Peace; Prohibition. I. NATURE, EXTENT, AND EXERCISE OF ceed with indictments.-State v. Fischer, 774. JURISDICTION IN GENERAL. ac 26 (Neb.) District court, after once quiring jurisdiction, retains it for purpose of entry of judgment.-Bolich v. Robinson, 218. 36 (Neb.) County courts of Nebraska are courts of record and there are the usual presumptions of regularity.-Foote v. Chittenden, 167. V. VENUE. (A) Place of Bringing Prosecution. 108(1) (Neb.) Venue of case of abandoncile.-Preston v. State, 925. ment of child is in county of matrimonial domi (A) Judicial X. EVIDENCE. Notice, Presumptions, and 37(1) (Neb.) Where proceedings were beyond jurisdiction of court, owner did not waive objections by appealing.-Albin v. Consolidated School Dist. No. 14 of Richardson County, 141.304 (17) (Minn.) Wage Commission's order II. ESTABLISHMENT, ORGANIZATION, AND not subject to judicial notice.-State v. Allyn, 787. PROCEDURE IN GENERAL. (D) Rules of Decision, Adjudications, Opinions, and Records. 97(5) (Neb.) Federal rule of damages under federal Employers' Liability Act controlling in state court.--Sweat v. Hines, 927; Sheean v. Hines, 934. (C) Other Offenses, and Character of Accused. 369 (8) (Minn.) In statutory rape prosecucution, evidence of other illicit acts with defendant held admissible.--State v. McPadden, 568. 99(2) (Iowa) Overruling demurrer to pe: 376 (Minn.) Defendant's character cannot tition did not preclude setting up answer of be attacked unless defendant puts it in issue.limitations.-McCord v. Page County, 625. City of St. Paul v. Harris, 840. 107 (Wis.) Judicial language limited to subject considered.-State v. Johnson, 683. IV. COURTS OF LIMITED OR INFERIOR JURISDICTION. 377 (Minn.) Defendant's character evidence should antedate accusation.-State v. Dolliver, 848. Id. Defendant's character evidence admissible.- 169(5) (S.D.) Counterclaim in sum of $173 permissible in municipal court.-Bestak v. Ben- (H) Documentary Evidence and Exclusion nett, 359. VIII. CONCURRENT AND CONFLICTING (A) Courts of Same State, and Transfer 472(4) (Mich.) Decree of probate court determining that decedent died intestate held nullity.-Barney v. Barney, 860. (B) State Courts and United States Courts. 489(3) (Mich.) State court has jurisdiction of suit for specific performance of con of Parol Evidence Thereby. 429 (1) (S.D.) Memorandum of Indian agent held not admissible as public record to show age.-State v. Goodstar, 796. (M) Weight and Sufficiency. 561 (3) (Minn.) Defendant's character evidence admissible and may engender reasonable doubt.-State v. Dolliver, 848. 564(1) (Iowa) Evidence insufficient to prove venue.-State v. Schwenderman, 629. XI. TIME OF TRIAL AND CONTINUANCE. tract to assign patent.-Goodman v. Wobig,589 (5) (Neb.) Competency of venireman 514 (Minn.) Appointment of foreign administrator held not to affect jurisdiction of (B) Course and Conduct of Trial in Genprobate court in this state.-State v. Probate Court in and for Hennepin County, 43. |