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CARRIER OF PASSENGERS- Continued. PAGE.
Weeks v. N.
lost and cannot present ticket. Jerome v. Smith
paid fare. Creed v. Penna. R. R. Co. (Sup., Pa.) (in
tion. Keeley v. B. & M. R. R. Co. (Sup., Me.) (in
train need not be carried except as freight. Graf-
tions safe: icy platform. Weston v. N. Y. E. R.
proceeds of property recovered when sold not cham-
pertous. McPherson v. Cox (U. S. Sup.)...... 373
curity need not be filed as. Booth v. Kehve (Ct. App.,
CONFLICT OF LAW-Continued.
gage of. Brine v. H. F. Ins. Co. (U. S. Sup.) 154
through broker and sold to party in another State.
territorial force. State v. Bunce (Sup., Mo.).... ....
rights; assessments for benefits and matters relating to
against general State legislation. Petition of Wells
States; statute regulating rights of passengers in con-
invalid, neither within police or sanitary powers of
be done applies to future acts only. County of
crime in States, but may by penalties prevent send-
ordinances as to the adulteration of milk within
with; permitting mortgagor to sell for his own ben-
elit invalidates. Blakeslee v. Rossman (Sup., Wis.).. 193
gagor void. Mobley v. Letts (Sup., Ind.)...... 434
pliance with statute. Gorham v. Summers (Sup.,
tribe and paying tax are citizens. United States v.
actual or exemplary damages for threats and vulgar-
able for violation as to several persons at one time.
officers; declaration of result essential to complete elec
customer acting on representations as to credit.
from negligence of his own servants unreasonable and
void. Doolan v. Midland Ry. Co. (Eng. H. L.).. 126
lading negligently issued to wrong person. Farm. &
goods bound by stipulations in exempting carrier.
for carriage over; ultra vires cannot be set up as de
exist, limitation except from willful misconduct of
law against fictitious firms. Wood v. Erie Ry. Co.
Island statute as to playing faro constitutes. State v.
fore passage of act gives good title. Conrad V.
place where action brought. Second Nat. Bk. V.
one class may be valid as to other classes. State
is by. Davidson v. New Orleans (U. S. Sup.) 73;
York is constitutional. In re Ryers (Ct. App.,
cannot attack constitutionality. Bidwell v. City of
creditors. Edwards v. Kearzy (U. S. Sup.) (in full). 346
pality to exempt water company as to present and
made unlawful by subsequent legislation, United
by consolidation under new law accept terms of
tion contrary to charter. Farrington v. State of
alterable by State. Farrington v. State of Ten-
affect previous grants. Stato v. Miller (Sup., Mo.)
where power is reserved valid; reduction of tolls on
law divests of privileges under charters in conflict
chartered to manufacture malt liquor. Boston
Beer Co. y. Commonwealth (U. S. Sup.)...... 431
before law. Woodlie v. Towles (Sup., Tenn.) 434
authorized to manufacture malt liquor. Boston
Beer Co. v. Commonwealth (U. S. Sup.) (in full)..... 487
ready constructed in city is valid. R. F.P.R. R. Co.
of summons impeachable. Marten v. Duncan (Sup.,
ducts of other States. Welton v. State of Missouri
CONSTITUTIONAL LAW - Continued. PAGE.
be made offense by Congress. United States v. Fox.
out consent of municipality. Horton v. Town of
Thompson (Ct. App., N. Y.),..
city to pay equitable claiing, and a law for that pur-
invalid. Rader v. Township of Union (Sup., N. J.). 171
tion of small streams within its boundaries. Pound
ble stream. State v. City of Duluth (U. S. Sup.). . 194
Congress exercises its powers. Wisc. Riv. Imp. Co.
constitutionality of. Town of Pierpont v. Loveless
stitutional. Haskell v. Jones (Sup., Pa.) 267; Also
Woolen v. Banker (U. S. Circ.) (in full)..
for cattle killed by; unconstitutional. A. & N. R.
poses liability without regard to circumstances.
Zeigler v. S. & N. R. R. Co. (Sup., Ala.)....
stitutional. King v. Greenway (Ct. App., N. Y.) 155
pre-existing corporations. Wallace v. Loomis (U. S.
shorton the statute of limitation as to pre-exist-
bonds. Murray v. Charleston (U.S. Sup.) (in full.).. 321
tage to them, not unconstitutional; extending
Pa.) (N. C.)...
trol of Congress; State legislation as to, when in-
bonds receivable for all dues to State, constitutional
to public schools. Ex parte Clarke (Sup., Va.) ..... 387
tive construction of statute of limitation not
will not be permitted to prosecute or defend action
C.) (N. C.)....
render and re-issue of railroad bonds. Union Pacific
R. R. Co. v. Stewart (U. S. Sup.)...
ufactured within specified time, a failure to deliver
future event. Robbins v. Blodgett (Sup., Mass.).. 311
of expectancy, not of quantity. Kellogg v. Norman
contract with government must be followed to make
writing mandatory. Clark v. United States (U. S.
upon an illegal issue of corporate stock afterward
children all claim to parent's estate valid, and not
CONTRACT - Continued.
statutes, when valid, when not. Caldwell v. Budall
Co. (Eng. C. D.) (N.
tract raises an implied contract to pay a quantum
meruit. Clark v. United States (U. S. Sup.)..
ness caused by imprudence is valid excuse for. K-
gated patent valid. Jones v. Burnham (Sup., Me ).. 391
cannot be rescinded without consent of third after
acceptance. Bassett v. Hughes (Sup., Wis.)
tion to terms rescission. Hussey v. Payne (Eng.
assignee of vendee. Clark v. Dickinson (Ct. App., N.
tures of company agents for it and company bound
does not repeal charter. Freehold M. L. Assoc. v.
Brown (Ch., N. J.).....
rectors of a company to the company held not void.
pending action against directors ; estoppel. Sturgis
v. Vanderbilt (Ct. App., N. Y.)..
stock does not render liable to stockholders negli-
electing officers as applied to manufacturing corpor-
of act of Congress of 1867 for removal of cause and
sufficient. Mix v. Andes Ins. Co. (Ct. App., N. Y.).. 475
cannot deny regularity of proceedings. Chubb v.
Upton (U. S. Sup.) (in full)
not in nature of a penalty. Flash v. Conn (Sup.,
relating to. Griffith v. Mangan (Ct. App., N. Y.)... 333
Pullman v. Upton (U. S. Sup.) (N. C.) 358 ; (Abstract)
New York law. Mathes v. Neideg (Ct. App., N. Y.) 432
by debt of corporation to him. Agate v, Sands (Ct.
from liability under. Santa Cruz R. R. Co. v.
bidden by charter. Allen v. Woonsocket Co. (Sup.,
fense. M. L. Ins. Co. v. Wilcox (U. S. Circ.) (in full). 426
meeting house is not. First Baptist Church y. Nee-
person in payment of machines. Taylor v. Thomp-
tends to its sureties. Stewart v. Bramhall (Ct. App's
in and of receiver not entitled to. Matter of People,
taxed to losing party. J. & St. L. R. R. Co. v. Vance
Murdock (Sup., N. Y.)....
allowed in excess of plaintiff's claim. Schaumberg v.
People v. Carey (Ct. App., N. Y.)...
39.- ROBBERY Venue ; prisoner under arrest, carrying
stolen goods into county Margerum v. State (Sup.,
38.-TRIAL. Presence of prisoner necessary.
39.--In misdemeanors punishable only by fine, prisoner
need not personally appear. Neaves v. State (Ct.
See Burglary; Common Gambler; Constitutional Law, 6;
CUSTOM-Bill of exchange imposing fixed sum as liq-
uidated damages on bills dishonored valid. Willans
to incoming one for seeds sown, etc., bad in law.
17 Bradburn v. Foley (Eng. C. P. D.) (in full).... ...... 483
333 DAMAGES.-Rule of; when railroad company wrong.
fully seizes street. Blisch v. Chi. & N. W. Ry, Co.
2.-In Confederate currency contract; value of currency
375 must be measured by greenbacks not gold. Bissell
v. Hayward (U. S. Sup.).....
3.-Sale at market price; to fix market price offer to
399 sell must be in the present. Harrison v. Glover
(Ct. App., N. Y.).....
278 4.–Measure of; in contract to pay in specified bonds;
when judgment for face value of bonds not allow-
able. Wintermute v. Cooke (Ct. App., N. Y.)..... 314
37 5.--Measure of; for breach of contract of sale. Mason
y. Decker (Ct. App., N. Y.).
theater actor. Sutherland v. Wyer (Sup., Me.)... 390
chaser not liable to land-owner for increased value
211 from cutting. L. S. & M. S. Ry. Co. v. Hutchins (Sup.
See Bankruptcy, 41.
opened in the mails. Matter of Jackson (U. S. Sup.) DEAD BODY.-No property in; no replevin lies for
coffin and body therein. Guthrie v. Weaver (Ct.
App., St. Louis) (C. T.)....
DEFENSE.-Motives for bringing action none. Morris
v. Tuthill (Ct. App., N. Y.).
2.-In action for loss by negligence collection of insur-
ance money no defense. Carpenter v. East. Tr, Co.
(Ct. App., N. Y.).....
3.-Breach of agreement to furnish information ; that
erroneous information verbal, not. Sprague v. Dun
DEFINITIONS.-" Family” includes wife and chil-
dren. Hall v. Stephens (Sup. Ct., Mo.) (N. C.).. 3
DELIVERY.-Liquor and labels sold together; labels
delivered constitutes part delivery. Garfield v.
Paris (U. S. Sup.) (in full)..
unless marriage shown. Collins v. Collins (Ct. App.,
2.-Alimony courts here have only powers over divorce
given by statute ; alimony is allowance, not estato.
Bacon v. Bacon (Sup., Wis.)....
3.-Utah divorce does not protect against bigamy, State
y. Armington (Sup., Minn.), (in full)...
4.--Judgment of, in court of domicile of parties valid,
without personal service valid. Hunt v. Hunt (Ct.
App., N. Y.)....
473 overcome preponderance of evidence as to. Mayor
v. City of Boston (Sup., Mass.) (in full)...
not change. Platt v. Atty.-Gen. (Eng. P.C.).... 270
manently does not change: evidence of intention.
Hindman's Appeal (Sup., Pa.)..
DOWER.-Statute of limitation runs as to. Proctor v.
Bigelow (Sup.. Mich.) (N. C.) 278; (in full).....
DUE PROCESS of law, what is. Pennoyer v. Neff (U.
court it is. Davidson v. New Orleans (U. S. Sup.) (in
EASEMENT.--Ancient lights; quantum of enjoy-
ply to employee of contractor with government; priv-
ity of contract. United States v. Driscoll(U.S. Sup.) 473
tion to authorize proceedings. Marsh v. Appleton
filed applicant for proceedings may abandon but
graph on railroad not required. W. U. Tel. Co. v.
money loaned does not give lien on road. Thorn-
ton v. St. Paul & C. Ry, Co. (Ct. App., N. Y.)........ 374
dispute title of remainderman. Christie v. Gage
by commissioners issuing. First Nat. Bank v.
suit brought. 0. & M. R. R. Co. v. McCarthy (U. S.
to intending purchaser, constitute. "Reedy v. Brun-
acts, not estopped by action of corporation. Sturgis
quired to give notice, operates as ; informality in
v. Maryland Fire Ins. Co. (U.S. Dist.) (in full)...... 363
as to place of payment prevents forfeiture by non-
one inäking it; parting with property on the prom-
raising. Meyer v. Knickerbocker Life Ins. Co. (Ct.
App., N. .)....
denying possession. Diossy v. Morgan (Ct. App.,
Insurance, 2, 9.
corporation may be examined under Code, 88 870 and
873. People v. Mut. Gas Light Co. (Sup., N. Y.) (in full) 70
that account exempt. Citizens' National Bank v.
expert entitled only to ordinary witness fees. Ex
subject not surrendered to Switzerland. Queen v.
Wilson (Eng. Q. B. D.)....
other than that for which he was delivered up, and
from that for which he was delivered up; one il-
vious to written contract are not admissible to vary,
admissible. East. Transp. Line v. Hope (U.S. Sup.) 35
written contract. Greenwault v. Kohne (Sup., Pa.). 37
against owner in proceedings under revenue law
for forfeiture. Doblins v. United States (U.S. Sup.) 56
tent. Wottrick v. Friedman (Ct. App., N. Y.)..... 57
action to show status of divorced wife of party
to that effect." Carrington v. Ward (Ct. App., N. Y.) 74
be explained by expert. Wilson v. Sun Ins. Co.
cases from failure to make proper entries thrown
defense of willful burning not same as required to
N. J.) 171; (S. C. 179; (in full)
gence. City of Rochester v. Montgomery (Ct. App.,
sible to show agency. Dunn v. Hornbeck (Ct. App.,
employee not making them. Van Sachs v. Kretz
privileged from inspection. Bullock v. Corrie (Eng.
sible against principal. Furst v. Second A. R. R.
proper ; questioning accused as to motive allowable.
rowhawk v. Sparrowhawk (Ct. App., N. Y.)..
mortgage by parol. Peugh v. Davis (U.S. Sup.). ... 373
criminal neglect of duty or fraud, etc., must be
meaning of terms admissible. Lawrence y, Galla-
Banks v. Myles (Ct. App., N. Y.)....
immoral acts may not be shown by defense, but gen-
against vendee. Burnham v. Brennan (Ct. App.,
within general experience. Shafter v. Evans (Sup.,
eased pigs for sale in market not a representation of
soundness. Ward v. Hobbs (Eng. Ct. App.).....
nals but of a different sovereignty. Pennoyer y. Neff
ownership; landlord of leased property is sole and
change in possession, does not avoid policy under
use. Matson v. Farm Build. F. Ins, Co. (Ct. App., N.
in policy is conclusive, and not to be waived by stipula-
tion. Reilly v. Franklin Ins. Co. (Sup., Wis.)...
own interest; when valid. Ulster Co. Sav. Inst. V.
notice operates as; notice after loss and informality in
nett v. Maryland Fire Ins. Co. (U. S. Dist.) (in full.).. 303
death of insured. Sherwood v. Agricultural Ins. Co.
(Ct. App., N. Y.).
may be waived by verbal contract of company's agent.
FIRE INSURANCE -- Continued.
application not in company's possession does not con-
Munroe Co. M. Ins. Co. v. Robinson (Sup., Pa.)... 513
insurance not indorsed on policy, a general notice of
provisions construed so as to avoid warranty. First
ally property does not avoid policy. Lycoming F. Ins.
toppel ; knowledge of agent knowledge of company ;
reasonable doubt. kane v. Hibernia Ins. Co. (Ct. Er.,
premises should be vacant, and the condition was not
ing; incumbrance on property, confessed judgment
for public improvements does not relieve insurer: Col-
lingridge v. Roy. Ex. Assur. Corp. (Eng. Q. B.D.)... 290
when company may pay loss to mortgagor.
mill temporarily unused in dry weather not a vacant or
Williamson v. N. J. South. R. R. Co. (Ct. Er., N. J.) (N.
as to authorize a mechanics' lien. Gross v. Jackson
gage on may be stated under Code, $ 1244, in referee's
deed. Randel v. Van Ellert (N. Y. Sup.) (C. T.).. 41
change Fire Ins. Co. v. Early (N. Y. Com. Pl.) (C.
indorsement cannot hold depositor. Welsh v. Germ.
other is not. Russell v. McCord (U. S. Dist.)..... 334
sentations, not recoverable back unless representa-
Rohrscheider v. Knick. Ins. Co. (Ct. App., N. Y.)... 454
when fraudulent and when not so. Talcott v. Hender:
against failure to fulfill verbal agreement as to pur-
See Bankruptcy, 63-68.
jurisdiction will not be reviewed by Petition of Gor-
keep it in repair. Penn. R. R. Co. v. Irwin (Sup. Ct.,
compensation. City of Youngstown v. Moore (Sup.
vorce maintain action for assault during coverture.
for. Abbott v. Abbott (Sup., Me.) (in full)... 283
leaving him, but not for other things, Thorpe v.
secured by mortgage may look first to accommoda-
to blame, money paid in, recoverable back if there is
presumptively a gaming contract. Story v. Solomon
aside. Henderson v. Palmer (Sup., Nil.) (N. C.).. 63
does not defeat action for rent by innocent land-
eral revenue law void. Wright v. Rindskopf (Sup.,
able contracts. Harner v. Dipple (Sup. Ct., Ohio)
the security given for remedy; when condition not
broken. Palmer v. Foley (Ct. App., N. Y.)..... 57
valid act of Congress. State v. City of Duluth (U.
Mulliner y. Florence (Eng. Ct. App.)
quest found then of insanity. Titcomb v. Vantyle
lessee of land upon which distillery stands bind
owner. Dobbins v. United States (U. S. Sup.). 56
checks under 8 3177, R. S. U.S. United States v.
of entries required by law to be kept. Bergdoll y.
place of contract and of payment, parties may stipu-
Cromwell v. County of Sac (U. S. Sup.) 252 ; (in full) 264
statute, not by instrument. Eaton v. Boessonault
Tiable civilly for erroneously sentencing to imprison-
ment. Lange v. Benedict (Ct. App., N. Y.).... 234
tends to all parts of State in which district is. Pre-
vost v. Gorrell (U. S. Circ.).
vice of summons allowable. Marten V. Duncan
FRAUDULENT CONVEYANCE. -- Voluntary
conveyance to wife by solvent husband not void as
quent creditor. Evans v. Lewis (Sup. Com., Ohio.).. 134
charge not bar to action for. Dewey v. Moyer (Ct.
be shown in vendee. Dickinson v. Adams (U. S. Dist.) 472
mortgagor fraudulent; what is fraudulent arrange-
ceipt without delivery to donor incomplete. Moore v.
GITARANTY_Construction of instrument of con-