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ZANTE CURRANTS.

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Jersey Franklinite Co., 13 N. J. Eq. (2 Beasl.) 322, 346 (cited in Lehigh Zinc & Iron Co. v. New Jersey Zinc & Iron Co., 26 Atl 920, 922, 55 N. J. Law [26 Vroom] 350).

The term "zinc," in a deed conveying all the zinc and other ores, except franklinite, may be explained by evidence, when a dispute exists between the grantor and the grantee as to whether a certain vein of ore is zinc or franklinite. New Jersey Zinc Co. v. Boston Franklinite Co., 15 N. J. Eq. (2 McCart.) 418, 420.

"Zante currants" is a well-known commercial expression among importers, dealers, and growers of raisins, and relates to and comprehends a kind of raisin made from a small, seedless grape, grown not only on the island of Zante, but also, and to a much greater extent, on the mainland of Greece and other neighboring localities. It derives the name of "currants" from the fact that in times past it was shipped from the city of Corinth, Greece. In German it is called "Korinthen"; in French "raisin de Corinthe"; in Spanish "pasas de Corinto.". It is a raisin grape, as distinguished from the ZONE. shrub currant, with which its name may be confounded, but from which it is entirely distinct; the former belonging to the grape vine family of plants, the latter to the shrubs. "Zante Currants" (U. S.) 73 Fed. 183, 187.

ZINC ORE.

By the term "zinc ores" is meant those veins or lodes in which the ore of zinc is the predominating ore. Boston Franklinite Co. v. New Jersey Zinc Co., 13 N. J. Eq. (2 Beasl.) 322, 344.

"Zone" has been defined to be an air

space so arranged that, in case of a breakage of any wire at any point, that wire would come in contact with the wire of another system, either by being blown against it or by falling directly on it by weight of gravity. Where two leads of wire are said to be in the same zone, they are in that prox. imate relation to each other that a contact is possible between the two systems by falling wires. Chicago Telephone Co. v. Northwestern Telephone Co., 65 N. E. 329, 340, 199 Ill. 324.

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

APPENDIX.

CONTAINING DEFINITIONS IN CASES REPORTED SINCE THE MAIN COMPILATION WAS CLOSED.

ABANDON-ABANDONMENT.

ABATEMENT.

See "Plea in Abatement."

"Abatement" is defined as “a suspension of proceedings in a suit from the want of proper parties capable of proceeding therein." The Telegraph v. Lee (Iowa) 98 N. W. 364, 365 (quoting Bouv.).

The word "abandoned," as used in Act 1890, p. 246, c. 220, providing that whenever on an unfinished railroad a right of way, or location on any part thereof, remains for 10 years unused for railroad purposes, the same shall be held to be abandoned, and shall be liable to be used and appropriated 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, for the reason that such a construction would be to take from the railroad company property obtained by condemnation and paid for, without compensation, and therefore raise a constitutional question. Its more reasonable construction would be that it is to be applied to cases only where there has been no use of the property for railroad uses, and in such a case there has been such an abandonment that authority is granted to another railroad to take condemnation proceedings to secure it for its use without further special legislative permission so to do. Canton Co. v. Baltimore & O. R. Co. (Md.) 57 Atl. 637, 640

The word "abduction," as used in Rev. Codes 1899, § 2718, providing that the rights of personal relation forbid the abduction of a husband from his wife or the abduction of a wife from her husband, means the taking away by either violence, fraud, or persuasion. A married woman may maintain an action against another woman to recover damages for the alienation of the affections of her husband and his consequent aban. donment of her. King v. Hanson (N. D.) 99 N. W. 1085, 1088.

ABILITY.

See "Inability."

Solvency distinguished from ability to purchase, see "Solvency."

ABLE.

See "If Able."

Whether the act of the party constitutes an abandonment of property previously occupied by him depends entirely upon the intention with which it is done. An abandonment of property held by possessory title takes place instantly when the occupant deserts it without an intention of ever reclaiming it for himself, and careless of what may thereafter become of it. Mere absence and nonuser of the property do not prove an intention 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' Canal Co. v. Same, Id.; Walker v. Same, Id.

An easement may be lost, as provided in Civ. Code 1895, § 3068, by abandonment or nonuser, if the abandonment or nonuser continued for a term sufficient to raise the presumption of release ог abandonment. Nonuser of a street for a period of some 40 years raises a very strong presumption of abandonment. Kelsoe v. Oglethorpe, 48 S. E. 366, 367, 120 Ga. 951.

8 WDS. & P.

ABODE.

See "Permanent Abode."

See "On or About."

ABOUT TO SIGN.

The expression "about to sign" in an entry in a house journal under the caption "Signing of Bills," reciting that the speaker announced that he was about to sign certain bills, denotes that the speaker was at that time engaged in the act of signing the sev eral bills described in the entry. State v. Cahill (Wyo.) 75 Pac. 433, 441.

(7559)

ABSOLUTE.

[Appendix.]

A contingent claim does not become absolute, within the meaning of the decedent's act, until it becomes a claim proper to be presented to the county court for final adjudication as a claim against the estate. lett v. Blakely (Neb.) 97 N. W. 808, 811.

ABSOLUTE GIFT.

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be done under color of loans, discounts, checks, and the like. The means used do not change the nature of the act. United States v. Breese (U. S.) 131 Fed. 915, 921.

ACCESSORY.

“An absolute gift is one where not only the legal title but the beneficial ownership as well is vested in the donee. A gift in trust is one where the subject of the gift is transferred to the donee, not for the purpose 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 the beneficial ownership of the subject of the gift in the donee is not one in trust, even if it be a conditional one. Such a gift is an absolute one. A gift by deed, devise,

Under a statute providing that an accessory is one who, knowing that an offense has been committed, conceals the offender rest, trial, or the execution of his sentence, or gives him aid, that he may evade arin order that a person may be an accessory he must render to the principal some overt, active assistance. Chenault v. State (Tex.) 81 S. W. 971, 972.

See "Pure Accident"; "Such Accident"; "Unavoidable Accident."

"A casualty cannot be classed as a pure accident, for which no one is to blame, merely because it would happen infrequently, if the mind of the party who was charged with the danger of its occurrence was present to the duty of taking care to avert the casualty, or if by reasonable prudence he could have known there was danger of its occurrence."

or bequest to an existing corporation, or to one to be thereafter organized within the time limited by law, with directions or conditions as to the use or management of the subject-matter of the gift, which are reasonably 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. Watkins v. Bigelow (Minn.) 100 N. W. 1104, 1109.

ABSTRACT.

"To abstract" means to take from or to withdraw from, so that to abstract the moneys, funds, or credits of the bank, or of a portion of them, is to take or withdraw from the possession and control of the bank such moneys, funds, or credits. United State v. Breese (U. S.) 131 Fed. 915, 921.

Charges are abstract when they assert propositions of law not legitimately arising out of the testimony itself or the inferences deducible therefrom. Gilliam v. State, 50 Ala. 145, 146.

ABSTRACTION.

Kidney disease produced in a servant by handling infected rags in the discharge of her duties is within an employer's liability policy, insuring against loss from liability on account of bodily injuries accidentally suffered. Columbia Paper Stock Co. v. Fidelity & Casualty Co. of New York, 78 S. W. 320, 323, 104 Mo. App. 157.

Death resulting from disease which follows as a natural consequence, though not the necessary consequence, of physical injury which is accidental, is an "accidental death," within the terms of an accident insurance policy; the death being deemed the proximate result of the injury, and not of disease as an independent cause. Delaney v. Modern Acc. Club, 97 N. W. 91, 95, 121 Iowa, 528, 63 L. R. A. 603.

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 of its board of directors, converts them to the use of himself, or of some person or company other than the bank. No previous lawful possession is necessary to constitute the crime, nor does it matter in what manner it is accomplished. It may be done by one act, or by a succession of acts. It may

ACCIDENT INSURANCE.

Employer's liability insurance may from its very nature appropriately be classified with and peculiarly belongs to what is commonly known and designated as accident insurance, inasmuch as such insurance has for its primary purpose indemnification against the effects of accidents resulting in bodily

ACCOMMODATION INDORSER

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[Appendix.]

ACCOUNT STATED

injury or death. State v. Etna Life Ins. | making up the amount claimed and the true Co., 69 N. E. 608, 610, 69 Ohio St. 317.

ACCOMMODATION INDORSER.

An accommodation indorser is one who indorses a bill or note in order to enable another to obtain credit or money on it. Citizens' Commercial & Savings Bank v. Platt (Mich.) 97 N. W. 694, 695.

date of each. Hunter v. Village of Ithaca (Mich.) 97 N. W. 712, 713.

The law does not require an account to be kept in any particular language. Books of account, in order to be admissible in evidence, are not required to be in any particular language, or to conform to any particular system of bookkeeping, so long as they conform to the provisions of the statute regulating the reception of such books in evidence. Cather v. Damerell (Neb.) 99 N. W. 35, 36.

The provision in Act April 11, 1848 (Pub. Law 536), authorizing a married woman to 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 surety for another, applies only to technical contracts of indorsement, guaranty or suretyship included in the words of the act. Herr v. Reinoehl, 58 Atl. 862, 863, 209 Pa. 483.

ACCOMPLICE.

One who knowingly, voluntarily, and with common intent with the principal of fender unites in the commission of a crime is an accomplice. Rev. Cr. Code, 364, declares that a conviction cannot be had from the testimony of an accomplice unless it be corroborated. An accessory after the fact is not an accomplice, within the meaning of the statute. State v. Phillips (S. D.) 98 N. W. 171, 173 (quoting Whart. Cr. Ev. 440).

A detective who, at the sheriff's instigation, purchases beer in violation of the local option law for a fixed sum is not an "accomplice" by the direct provisions of Pen. Code 1895, art. 447, as amended by Acts 1903, p. 57, c. 40, providing that a person purchasing intoxicating liquors sold in violation of law shall not be an accomplice of the seller. Terry v. State (Tex.) 79 S. W. 320.

ACCORD AND SATISFACTION.

Where a claim is unliquidated or in dispute, and the creditor has tendered a less sum than is claimed upon the condition that if it be accepted it must be in entire satisfaction of his claim, his acceptance of the claim is an accord and satisfaction. Hillestad v. Lee, 97 N. W. 1055, 1056, 91 Minn. 335 (citing Marion v. Heimbach, 62 Minn. 215, 64 N. W. 386).

ACCOUNT.

See "Long Account."

A claim for damages resulting from personal injuries is in no sense an "account" made up of items, within Comp. Laws 1897, 2754, providing that every account against a village shall exhibit in detail all the items

An "account stated" is, in effect, an admission of indebtedness. Stagg & Conrad v. St. Jean, 74 Pac. 740, 741, 29 Mont. 288.

was

"An account stated is an account balanced and rendered, with an assent to the balance, express or implied; so that the demand is essentially the same as if a promissory note had been given for the balance." The cause of action upon an account stated is based entirely upon an agreement that the amount sought to be recovered found to be due after a mutual adjustment of the accounts between the parties, and that there was then either an express or implied promise to pay it. The right to a recovery depends in no way upon the obligation originally created when the items of indebtedness arose, and for that reason it is unnecessary in such an action to set forth in the complaint or prove upon the trial the subject-matter of the original debt. Hall v. New York Brick & Paving Co., 88 N. Y. Supp. 582, 583, 95 App. Div. 371 (quoting Volkening v. De Graaf, 81 N. Y. 268).

An "account stated" must be based upon previous dealings and transactions between the parties, and while it is not necessary, in order to support a count upon account stated, to show the nature of the original debt, or to prove the specific items constituting the account (Jacksonville, M. P. Ry. & Nav. Co. v. Warriner, 35 Fla. 197, 16 South. 898), it must appear that at the time of the accounting there had been previous transactions and dealings between the parties of and concerning which an account was stated. Daytona Bridge Co. v. Bond (Fla.) 36 South. 445, 447.

An "account stated" involves a promise, express or implied, to pay a real indebtedness agreed upon as due. The consideration which places such promise on the plane of a contract is the agreement of one party, for the agreement of the other, that a certain amount, and that only, is due on the matters embraced in the settlement, wherefrom the law raises a new obligation on the part of the one against whom the balance stands, to pay that balance. Ivy Coal & Coke Co. v. Long, 36 South. 722, 724, 139 Ala. 535.

ACCUSATION.

[Appendix.]

The term "accusation," as used in reference to trials in courts having jurisdiction of misdemeanor cases, is but the equivalent of an information at common law. Wright v. Davis, 48 S. E. 170, 173, 120 Ga. 670 (quoting Gordon v. State, 102 Ga. 679, 29 S. E. 446.)

ACKNOWLEDGMENT.

Payment is regarded as an acknowledg ment of an existing obligation, and from such acknowledgment a promise to pay may be implied. Whether payment be a part of the principal or the interest, it is an acknowledgment of an existing indebtedness, from which the promise to pay will be implied. A pay ment of interest on a note constitutes a sufficient acknowledgment to pay to toll the statute of limitations, and where a sufficient payment on a note secured by a mortgage was made to take the note out of the statute of limitations the payment was effective to prevent the mortgage securing the debt from being barred. MacMillan v. Clements (Ind.) 70 N. E. 997, 998.

ACQUAINTANCE.

See "Intimate Acquaintance."

ACQUAINTED.

See "Made Acquainted."

ACQUIRE.

The word "acquire," as used in a statute providing that where a person transacts business as a trader without disclosing the name of his principal all the property, stock, money, and choses in action used or acquired

in such business shall be liable for his debts,

means obtain, procure, to get as one's own; and the proceeds of a policy of insurance on goods of the trader for an undisclosed principal is obtained and procured in such business and is applicable to the payment of his debts. Meridian Land & Industrial Co. v. Ormond, 35 South. 179, 180, 82 Miss. 758.

ACQUISITION

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ACT OF BANKRUPTCY.

The giving of a mortgage by an insolvent, subsequently and within four months adjudged a bankrupt, to secure money borrowed at the time for the purpose of preferring certain of his creditors, where the such was his purpose, was an "act of bank541, § 67e, 30 Stat. 564 [U. S. Comp. St. 1901, ruptcy," under Bankr. Act July 1, 1898, c P. 3449]. In re Pease (U. S.) 129 Fed. 446,

lender knew or had reason to believe that

447.

A mortgage made by an insolvent, and recorded within four months prior to the filing of a petition in bankruptcy against him, if given with intent to prefer a creditor, constitutes an act of bankruptcy. In re Edelman (U. S.) 130 Fed. 700, 701.

ACT CHARGED.

Though the time be stated in an infor mation for incest, the prosecutor has the right to select, among all the acts of the kind

Where the general purpose of an irrigation act, as indicated by the caption, is to provide means for the acquisition and conveyance of water to be used for the several | purposes mentioned in the act, a statement which he could prove to have been commitin the caption that one of the purposes of the act is to provide for the acquisition of the right to the use of water does not, when considered with the whole of the caption, prohibit an incorporation in the act of a provision conferring the right of eminent domain over land. The expression, "to provide

ted between the parties within the period alluded to and within the jurisdiction, any one of those acts before evidence has been introduced as the "act charged" in the information. In other words, until evidence of some such act has been given the charge in the information is floating and contingent,

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