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Jersey Franklinite Co., 13 N. J. Eq. (2 Beasl.)
322, 346 (cited in Lehigh Zinc & Iron Co. F. "Zante currants" 18 a well-known com- New Jersey Zinc & Iron Co., 26 ATL 920, 922, mercial expression among importers, dealers, 55 N. J. Law (26 Vroom] 350). and growers of raisins, and relates to and comprehends a kind of raisin made from a
The term “zinc," in a deed conveying small, seedless grape, grown not only on the all the zinc and other ores, except frank. island of Zante, but also, and to a much linite, may be explained by evidence, when greater extent, on the mainland of Greece a dispute exists between the grantor and and other neighboring localities. It derives the grantee as to whether a certain vein of the name of "currants" from the fact that in ore is zinc or franklinite. New Jersey Zinc times past it was shipped from the city of Co. v. Boston Franklinite Co., 15 N. J. Eq. Corinth, Greece. In German it is called (2 McCart.) 418, 420. “Korinthen"; in French “raisin de 00rinthe"; in Spanish “pasas de Corinto." It is a raisin grape, as distinguished from the ZONE. shrub currant, with which its name may be
"Zone" has been defined to be an air confounded, but from which it is entirely space so arranged that, in case of a breakdistinct; the former belonging to the grape age of any wire at any point, that wire vine family of plants, the latter to the would come in contact with the wire of anshrubs. “Zante Currants” (U. S.) 73 Fed. | other system, either by being blown against 183, 187.
it or by falling directly on it by weigbt of
gravity. Where two leads of wire are said ZINC ORE.
to be in the same zone, they are in that proi.
imate relation to each other that a contact By the term “zinc ores" is meant those is possible between the two systems by fallveins or lodes in which the ore of zinc is the ing wires. Chicago Telephone Co. v. Northpredominating ore. Boston Franklinite Co. western Telephone Co., 65 N. E. 329, 340, 199 V. New Jersey Zinc Co., 13 N. J. Eq. (2 Ill. 324. Beasl.) 322, 344.
Zinc ore means a mineral body contain-&-&C.& CO. ing so much of the metal of zinc as to be worth smelting. New Jersey Zinc Co. v. New See vol 1, pp. 1, 2
OONTAINING DEFINITIONS IN CASES REPORTED SINCE THE MAIN COMPILATION WAS CLOSED.
ABATEMENT. The word "abandoned,” as used in Act
See "Plea in Abatement." 1890, p. 246, c. 220, providing that whenever on an unfinished railroad a right of way, or
"Abatement is defined as "a suspension location on any part thereof, remains for of proceedings in a suit from the want ot 10 years unused for railroad purposes, the proper parties capable of proceeding theresame shall be held to be abandoned, and in.” The Telegraph v. Lee (Iowa) 98 N. shall be liable to be used and appropriated W. 364, 365 (quoting Bouv.). by another railroad company on purchase or condemnation in a manner provided by law, ABDUCTION. cannot import such an abandonment as would cause a reversion to the first owner, The word "abduction," as used in Rev. for the reason that such a construction would Codes 1899, § 2718, providing that the rights be to take from the railroad company prop- of personal relation forbid the abduction of erty obtained by condemnation and paid for, a husband from his wife or the abduction of without compensation, and therefore raise a wife from her husband, means the taking a constitutional question. Its more reason- away by either violence, fraud, or persuaable construction would be that it is to be sion. A married woman may maintain an applied to cases only where there has been action against another woman to recover no use of the property for railroad uses, damages for the alienation of the affections and in such a case there has been such an of her husband and his consequent aban. abandonment that authority is granted to donment of her. King v. Hanson (N. D.) 99 another railroad to take condemnation pro N. W. 1085, 1088. ceedings to secure it for its use without further special legislative permission so to do. Canton Co. v. Baltimore & 0. R. Co. (Md.) ABILITY. 57 Atl. 637, 640
See "Ipability." Whether the act of the party consti Solvency distinguished from ability to tutes an abandonment of property previously purchase, see “Solvency." occupied by him depends entirely upon the intention with which it is done. An abandonment of property held by possessory title
ABLE. takes place instantly when the occupant de
See “II Able." berts it without an intention of ever reclaim. ing it for himself, and careless of what may thereafter become of it. Mere absence and ABODE. nonuser of the property do not prove an in
See "Permanent Abode." tention to abandon, although conduct of that kind may continue unexplained for such length of time as not to be consistent with ABOUT. any other hypothesis. Farmers' Irr. Dist. v. Frank (Neb.) 100 N. W. 286, 292; Farmers' See "On or About." Canal Co. v. Same, Id.; Walker v. Same, Id.
ABOUT TO SIGN. An easement may be lost, as provided in Civ. Code 1895, 8 3068, by abandonment or The expression "about to sign” in an nonuser, if the abandonment or nonuser entry in a house journal under the caption continued for a term sufficient to raise the "Signing of Bills,” reciting that the speaker presumption of release abandonment announced that he was about to sign certain Nonuser of a street for a period of some 40 bills, denotes that the speaker was at that years raises a very strong presumption of time engaged in the act of signing the sevabandonment. Kelsoe v. Oglethorpe, 48 s. eral bills described in the entry. State v. E. 366, 367, 120 Ga. 951.
Cahill (Wyo.) 75 Pac. 433, 441 8 WDS. & P.
7560 ACCIDENT INSURANCE
be done under color of loans, discounts,
checks, and the like. The means used do A contingent claim does not become ab- not change the nature of the act. United solute, within the meaning of the decedent's States v. Breese (U. S.) 131 Fed. 915, 921. act, until it becomes a claim proper to be presented to the county court for final adjudication as a claim against the estate. Haze ACCESSORY. lett v. Blakely (Neb.) 97 N. W. 808, 811.
Under a statute providing that an ac
cessory is one who, knowing that an offense ABSOLUTE GIFT.
has been committed, conceals the offender the legal title but the beneficial ownership in order that a person may be an accessory "An absolute gift is one where not only or gives him aid, that he may evade ar
rest, trial, or the execution of his sentence, as well is vested in the donee. A gift in trust is one where the subject of the gift active assistance. Chenault v. State (Ter.)
he must render to the principal some overt, is transferred to the donee, not for the pur- 81 S. W. 971, 972. pose of vesting both the legal title and beneficial ownership of the subject in the donee, but that it may be held and applied to cer- ACCIDENT ACCIDENTAL. tain uses for a third party, the beneficiary." A gift which vests both the legal title and
See “Pure Accident"; "Such Accident"; the beneficial ownership of the subject of
“Una voidable Accident." the gift in the donee is not one in trust, even if it be a conditional one. Such a gift accident, for which no one is to blame, mere
"A casualty cannot be classed as a pure is an absolute one. A gift by deed, devise, ly because it would happen infrequently, if or bequest to an existing corporation, or to the danger of its occurrence was present to one to be thereafter organized within the the mind of the party who was charged with time limited by law, with directions or conditions as to the use or management of the the duty of taking care to avert the casualty,
or if by reasonable prudence he could have subject-matter of the gift, which are rea
known there was danger of its occurrence." sonably consistent with the purposes of the donee, is not a gift in trust, but an abso- Rogers v. Meyerson Printing Co., 78 S. W.
79, 82, 103 Mo. App. 683. lute one to the corporation, within the meaning of the statute of uses and trusts. Wat Kidney disease produced in a servant kins v. Bigelow (Minn.) 100 N. W. 1104, 1109. by handling infected rags in the discharge of
her duties is within an employer's liability
policy, insuring against loss from liability on ABSTRACT.
account of bodily injuries accidentally suf"To abstract” means to take from or to fered. Columbia Paper Stock Co. v. Fidelwithdraw from, so that to abstract the mon
ity & Casualty Co. of New York, 78 S. W. eys, funds, or credits of the bank, or of | 320, 323, 104 Mo. App. 157. a portion of them, is to take or withdraw
Death resulting from disease which fol. from the possession and control of the bank lows as a natural consequence, though not such moneys, funds, or credits. United the necessary consequence, of physical inState v. Breese (U. S.) 131 Fed. 915, 921. jury which is accidental, is an “accidental
Charges are abstract when they assert death,” within the terms of an accident inpropositions of law not legitimately arising surance policy; the death being deemed the out of the testimony itself or the inferences proximate result of the injury, and not of deducible therefrom. Gilliam V. State, 50 disease as an independent cause. Delaney v. Ala. 145, 146.
Modern Acc. Club, 97 N. W. 91, 95, 121 Iowa,
528, 63 L R. A. 603. ABSTRACTION.
A death resulting from a self-inflicted
knife cut made by an insured while trim“Abstraction,” under section 5209, Rev. ming a corn, which was followed by blood St. (U. S. Comp. St. 1901, p. 3497), is the act poisoning, is one from an "accidental, exof one who, being an officer of a national ternal, and violent” injury, within the meanbanking association, wrongfully takes oring of an accident policy. Nax v. Travelers' withdraws from it any of its moneys, funds, Ins. Co. (U. S.) 130 Fed. 985. or credits, with intent to injure or defraud it, or some other person or company, and without its knowledge and consent, or that
ACCIDENT INSURANCE. of its board of directors, converts them to Employer's liability insurance may from the use of himself, or of some person or its very nature appropriately be classified company other than the bank. No previous with and peculiarly belongs to what is como lawful possession is necessary to constitute monly known and designated as accident inthe crime, nor does it matter in what man- surance, inasmuch as such insurance has for ner it is accomplished. It may be done by its primary purpose indemnification against one act, or by a succession of acts. It may the effects of accidents resulting in bodily
ACCOMMODATION INDORSER 7561
(Appendix.] injury or death. State v. Ætna Life Ins., making up the amount claimed and the true Co., 69 N. E. 608, 610, 69 Ohio St. 317. date of each. Hunter v. Village of Ithaca
(Mich.) 97 N. W. 712, 713. ACCOMMODATION INDORSER.
The law does not require an account to
be kept in any particular language. Books An accommodation indorser is one who of account, in order to be admissible in eviindorses a bill or note in order to enable dence, are not required to be in any particuanother to obtain credit or money on it. Iar language, or to conform to any particuCitizens' Commercial & Savings Bank V. lar system of bookkeeping, so long as they Platt (Mich.) 97 N. W. 694, 695.
conform to the provisions of the statute reg.
ulating the reception of such books in eviThe provision in Act April 11, 1848 (Pub. dence. Cather v. Damerell (Neb.) 99 N. W. Law 536), authorizing a married woman to
35, 36. make any contract in furtherance of the general power granted in a preceding section, but declaring that she shall not become ac- ACCOUNT STATED. commodation indorser, maker, guarantor, or
An "account stated" is, in effect, an adsurety for another, applies only to technical mission of indebtedness. Stagg & Conrad v. contracts of indorsement, guaranty or sure
St. Jean, 74 Pac. 740, 741, 29 Mont. 288.
anced and rendered, with an assent to the
mand is essentially the same as if a promisACCOMPLICE.
sory note bad been given for the balance." One who knowingly, voluntarily, and is based entirely upon an agreement that
The cause of action upon an account stated with common intent with the principal of the amount sought to be recovered was fender unites in the commission of a crime found to be due after a mutual adjustment is an accomplice. Rev. Cr. Oode, g 364, de- of the accounts between the parties, and clares that a conviction cannot be had from that there was then either an express or the testimony of an accomplice unless it be implied promise to pay it. The right to a corroborated. An accessory after the fact is recovery depends in no way upon the obliganot an accomplice, within the meaning of tion originally created when the items of the statute. State v. Phillips (S. D.) 98 N. indebtedness arose, and for that reason it W. 171, 173 (quoting Whart. Cr. Ev. 440).
is unnecessary in such an action to set forth A detective who, at the sheriff's Instiga- in the complaint or prove upon the trial the
Hall v. tion, purchases beer in violation of the local subject-matter of the original debt. option law for a fixed sum is not an "accom- New York Brick & Paving Co., 88 N. Y. plice” by the direct provisions of Pen. Code Supp. 582, 583, 95 App. Div. 371 (quoting 1895, art. 447, as amended by Acts 1903, p. Volkening v. De Graaf, 81 N. Y. 268). 57, c. 40, providing that a person purchas
An "account stated” must be based upon ing intoxicating liquors sold in violation of law shall not be an accomplice of the seller. the parties, and while it is not necessary, in
previous dealings and transactions between Terry v. State (Tex.) 79 S. W. 320.
order to support a count upon account stated,
to show the nature of the original debt, or to ACCORD AND SATISFACTION.
prove the specific items constituting the ac
count (Jacksonville, M. P. Ry. & Nav. Co. v. Where a claim is unliquidated or in dis- Warriner, 35 Fla. 197, 16 South. 898), it must pute, and the creditor has tendered a less appear that at the time of the accounting sum than is claimed upon the condition that there had been previous transactions and if it be accepted it must be in entire satis- dealings between the parties of and concernfaction of his claim, his 'acceptance of the ing which an account was stated. Daytona claim is an accord and satisfaction. Hille Bridge Co. v. Bond (Fla.) 36 South. 445, 447. stad v. Lee, 97 N. W. 1055, 1056, 91 Minn.
An "account stated" involves a promise,
express or implied, to pay a real indebted-
which places such promise on the plane of ACCOUNT.
a contract is the agreement of one party,
for the agreement of the other, that a cerSee “Long Account."
tain amount, and that only, is due on the
matters embraced in the settlement, whereA claim for damages resulting from per- from the law raises a new obligation on the sonal injuries is in no sense an “account part of the one against whom the balance made up of items, within Comp. Laws 1897, stands, to pay that balance. Ivy Coal & 1 2754, providing that every account against Coke Co. v. Long, 36 South. 722, 724, 139 & village shall exhibit in detail all the items Ala. 535.
for the acquisition of the right to the use of
water," does not convey the idea that the The term “accusation," as used in ref right of eminent domain, or the power to erence to trials in courts having jurisdiction condemn water owned exclusively as private of misdemeanor cases, is but the equivalent property, as distinguishable from the ripariof an information at common law. Wright an rights of the owner of land upon streams v. Davis, 48 S. E. 170, 173, 120 Ga. 670 (quot- or water courses, was intended to be confering Gordon v. State, 102 Ga. 679, 29 S. E. red, and no such right is given in the act. 446.)
Borden v. Trespalacios Rice & Irrigation Co.
(Tex.) 82 S. W. 461, 465. ACKNOWLEDGMENT.
ACQUIT. Payment is regarded as an acknowledge ment of an existing obligation, and from such See “Autrefois Acquit." acknowledgment a promise to pay may be implied. Whether payment be a part of the principal or the interest, it is an acknowledg- ACROSS. ment of an existing indebtedness, from which
A city ordinance providing that trains the promise to pay will be implied. A pay shall not be allowed to stand or remain ment of interest on a note constitutes a sufficient acknowledgment to pay to toll the time is not violated by allowing a train to
"across" any street longer than a certain statute of limitations, and where a sufficient stand so that the head end reaches slightly payment on a note secured by a mortgage into the street, but not in such a way as to was made to take the note out of the statute obstruct public travel. Crowley v. Chicago, of limitations the payment was effective to St. P., M. & O. Ry. Co. (Wis.) 99 N. W. 1016, prevent the mortgage securing the debt from
1017. being barred. MacMillan v. Clements (Ind.) 70 N. E. 997, 998.
See “Constituted by the Act"; "Healing
Act"; "Judicial Act"; "Ministerial See “Intimate Acquaintance."
Act"; "Overt Act”; “Wrongful Act."
Work synonymous, see “Work." ACQUAINTED.
ACT OF BANKRUPTCY. See "Made Acquainted."
The giving of a mortgage by an insol
vent, subsequently and within four months ACQUIRE.
adjudged a bankrupt, to secure money borThe word "acquire," as used in a stat rowed at the time for the purpose of preute providing that where a person transacts lender knew or bad reason to believe that
ferring certain of his creditors, where the business as a trader without disclosing the such was his purpose, was an "act of bankname of his principal all the property, stock; ruptcy,” under Bankr. Act July 1, 1898, < money, and choses in action used or acquired in such business shall be liable for his debts, 541, $ 67e, 30 Stat. 564 (U. S. Comp. St. 1901, means obtain, procure, to get as one's own; p. 3449). In re Pease (U. S.) 129 Fed. 446,
447. and the proceeds of a policy of insurance on goods of the trader for an undisclosed prin A mortgage made by an insolvent, and cipal is obtained and procured in such busi- recorded within four months prior to the filness and is applicable to the payment of bis ing of a petition in bankruptcy against him, debts. Meridian Land & Industrial Co. v. if given with intent to prefer a creditor, conOrmond, 35 South. 179, 180, 82 Miss. 758. stitutes an act of bankruptcy. In re Edel
man (U. S.) 130 Fed. 700, 701. ACQUISITION
ACT CHARGED. Where the general purpose of an Irrigation act, as indicated by the caption, is to Though the time be stated in an infor provide means for the acquisition and con- mation for incest, the prosecutor has the veyance of water to be used for the several right to select, among all the acts of the kind purposes mentioned in the act, a statement which he could prove to have been commitin the caption that one of the purposes of ted between the parties within the period the act is to provide for the acquisition of alluded to and within the jurisdiction, any the right to the use of water does not, when one of those acts before evidence has been considered with the whole of the caption, introduced as the “act charged” in the inforprohibit an incorporation in the act of a pro- mation. In other words, until evidence of vision conferring the right of eminent do some such act has been given the charge in main over land. The expression, “to provide the information is floating and contingent,