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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