ACTION-Assumpsit-Continued.
18. By a grantor upon the verbal agreement of the grantee, made at the time of the conveyance, to harvest and market the wheat then growing on the land, and pay the grantor one-third of the net proceeds realized on such sale. 431. 19. By an electric company upon the guaranty by the president of an electric light and power company of one of its notes, given in part payment for materials furnished by the electric company under a contract with the electric light and power company for the enlargement of its plant, the defense being that certain representations, made by the agent of the electric company as an inducement to the organization of the electric light and power company, were false, and that certain profits, which plaintiff's agent represented could be made by enlarging the capacity of said plant, had not been made. 477.
20. By the vendor for the balance due upon a contract for the sale of logs, the defense being that, owing to the situation of the logs at the time they were attempted to be scaled, the scaler, who was chosen by the parties, made no scale at all, and could make none. 483.
21. Upon a chattel-mortgage note, one of the mortgagors, who had sold his interest in the mortgaged property to his co- mortgagor, who had assumed the payment of the note, de- fending on the grounds that as the plaintiff, without author- ity, seized and sold a portion of the property before the mortgage was due, he should be charged with the full value of the property sold, which, as claimed, was sufficient to satisfy the note, and that he should be charged with the value of certain substituted property, which he seized, and turned back to the mortgagor who had assumed the payment of the note. 505.
22. By a firm against the lessor of a store building, who had leased it to one member of the firm, to recover damages for the refusal of the lessor to deliver possession to the lessee. 512.
23. By a lumber inspector to recover damages alleged to have been sustained by reason of being wrongfully prevented from performing his contract for measuring and inspecting a season's cut of lumber. 516.
24. Upon the agreement of the assignor of a contract, upon which he claimed there was due a certain amount, that, if
ACTION-Assumpsit-Continued.
the said debt was not paid, he could, and if called upon by the assignee would, show good cause for such payment, but that he did not guarantee that the debt would be paid, the defense being that by the removal of the non-guaranty clause the assignor was released from liability on said agreement. 540.
25. By a contractor against a railroad company to recover damages for the failure of the defendant to furnish the num- ber of cars agreed to be furnished per day to be loaded with gravel.
26. For rent, the plaintiff claiming that the retention of pos- session of the leased store, by a subtenant, for a few days after the expiration of the year's tenancy, constituted a new lease by the lessee for another year. 617.
27. Upon a promissory note indorsed by one member of an in- solvent banking firm in the firm name, the defense being that the indorsement was made without authority from the other partner.
28. To recover the balance claimed to be due upon a contract for the delivery of a certain amount of timber by a given date, the defenses being that the timber was not seasonably delivered; that the timber delivered did not average the re- quired number of feet per stick; and that it was not suitable for the market designated in the contract. 630. 29. By the purchaser of a house and lot, sold by an adminis- trator with the will annexed under the power contained in the will, to recover the portion of the purchase money paid, plaintiff having refused to pay the remainder unless the ad- ministrator would obtain authority to sell under the order of the probate court. 638.
Upon a supersedeas bond. 178.
1. To recover a parcel of land occupied by a railroad company as right of way. 104.
2. For a piece of land which plaintiff claimed to have shown to be a part of a government subdivision owned by him, and the title to which defendant claimed to have acquired by adverse possession. 501.
3. For a strip of land adjoining that of the defendant, the
ACTION-Ejectment-Continued.
defense being that the boundary line had become established by the verbal agreement and acquiescence of the plaintiff, so that the land in dispute had become a part of defendant's land.
Proceedings instituted by judgment creditors upon the theory that the principal defendant had transferred a large amount of goods to the garnishees in payment of an indebtedness which was not bona fide, and which goods were procured for that purpose pursuant to a fraudulent scheme entered into by the principal and garnishee defendants. 543.
1. By one of two partners, as successor of the firm, for a piano sold by the firm to the defendant upon a contract reserving title in the firm until the purchase price should be paid. 118. 2. To recover merchandise from one claiming as purchaser from an alleged fraudulent vendee. 525.
1. By a lessor to recover from the assignee of the lessee a farm leased upon shares, the lease having been assigned without the consent of the lessor. 102.
2. By the holder of the legal title, the defense being a verbal agreement made by the defendant with the owner for the purchase of the land, coupled with evidence of part per- formance on his part. 293.
3. By a lessor to recover possession of a hall leased to the trustees of a voluntary association. 307.
4. By a trustee, based upon the provisions of the contract under which the trust arose, and by which the relation of mortgagor and mortgagee was created between the parties. 446.
5. By the purchaser of leased premises, on the failure of the tenant to perform his verbal agreement, made with the pur- chaser after his term had expired, that, in consideration of the continued occupancy for two years of the land, he would clear a portion thereof, the defense being that the agree- ment was within the statute of frauds, and that the tenant was entitled to the statutory notice required to terminate the tenancy at will thus created. 580.
1. By the lessee of a mortgagor to recover damages for an alleged wrongful eviction by the mortgagee after a statutory foreclosure of the mortgage. 86.
2. Involving the questions whether a deed of right of way conveyed an easement or a fee, and, if the former, whether there had been such non-user as amounted to an absolute abandonment of the easement. 98.
3. Against a railroad company for maintaining a spur track over plaintiff's land, and running freight cars over the same. 373.
4. Against defendants for digging a drain across plaintiff's land, under void proceedings. 383.
1. Against one partner by the purchaser of his interest in the firm business and assets for falsely representing as good and collectible certain accounts included in the purchase. 6. 2. For injuries received by the overturning of plaintiff's cutter, caused by an accumulation of snow and ice on a street in the defendant city. 12.
3. Under How. Stat. § 8306. to recover treble damages for the unlawful retention of leased premises. 38.
4. Against a street-railway company to recover damages for injuries received while engaged, with other members of a band, in giving a street parade. 46.
5. To recover damages for the malicious prosecution of a writ of attachment. 131.
6. For injuries received by a servant from a falling scaffold.
7. By one of a gang of men at work for a railroad company under the charge of a foreman, unloading and leveling dirt hauled upon its premises by another railroad company, for injuries received by the backing of the engine against the loaded cars, from which it had been detached. 213.
8. By a passer-by for injuries received by being struck by a barrel of sugar, which was suddenly and without warning rolled out of the defendant's warehouse upon the sidewalk. 262.
9. By a husband to recover damages for the loss of the serv- ices and society of his wife, who was injured while alight- ing from a street car. 272.
ACTION-Trespass on the Case-Continued.
10. For injuries received by stepping into a hole in a defective sidewalk, the defendant claiming that there was error in the admission of testimony bearing upon the question of dam- ages, and in refusing to direct a verdict on the ground of plaintiff's contributory negligence. 312.
11. Against the publisher of a newspaper for publishing an article stating that a certain person, naming him, and giving the number and street where he resided, which was plaint- iff's residence, had been arrested for larceny, when, in fact, another person bearing the same name had been arrested for said offense.
12. By a wife to recover for the death of her husband, who was struck by one of defendant's trains while attempting to drive over its tracks at a city street crossing, the defense being the contributory negligence of the decedent. 330. 13. By a husband against a telegraph company for its delay in sending a message summoning a physician to attend plaint- iff's wife.
14. For injury to standing timber by fires negligently set, as alleged, by the defendant railroad company. 379.
1. By a client against her solicitor for money received by him, to be returned on demand, the defense being that it was not plaintiff's money, and, if it was, that the defendant was en- titled to set off his claim for services, etc. 62.
2. To recover the value of a one-third interest in an engine and separator, in the contract for the sale of which the vendor stipulated for the retention of title until the purchase price should be paid. 155.
3. By the purchaser of a leasehold and of certain fixtures which the original tenants had placed in the leased building, brought after the surrender by the plaintiff to the landlord of the possession of said fixtures, to recover their value. 494. 4. By a vendor against the agent of the vendee for certain ties, which, on inspection at the port of shipment, instead of the port to which they might be consigned by the vendee, as provided in the contract of sale, were rejected by the de- fendant, and marked and piled upon the dock, and, after a time, by the order of the vendor's foreman, thrown into the lake. 509.
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