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CARRIER OF PASSENGERS - Continued.
10. Not liable for loss by robbery if valuable secu-
rities carried on person of passenger. Weeks v. N.
Y., N. H. & Hartf. R. R. Co. (Ct. App., N. Y.)....
11.-Railroad conductor may eject passenger who has
lost and cannot present ticket. Jerome v. Smith
(Sup., Vt.) (N. C.).....

12.-Passenger. One riding on train is before he has
paid fare. Creed v. Penna. R. R. Co. (Sup., Pa.) (in
full)..
13.-Railroad ticket entit
to passage but in one direc-
tion. Keeley v. B. & M. R. R. Co. (Sup., Me.) (in
full).
14.-Baggage. Trunk of passenger not going by same
train need not be carried except as freight. Graf-
fam v. B. & M. R. R. Co. (Sup., Me.).....
15.-Railroad company bound to keep approaches to sta-
tions safe: icy platform. Weston v. N. Y. E. R.

313

319

364

366

390

415

373

35

36

R. Co. (Ct. App., N. Y.).
CHAMPERTY.-Contract to pay attorney out of
proceeds of property recovered when sold not cham-
pertous. McPherson v. Cox (U. S. Sup.)..
CHATTEL MORTGAGE.-Lease assigned as se-
curity need not be filed as. Booth v. Kehoe (Ct. App.,
N. Y.)....
2.-Contemporaneous agreement treated as one contract
with; permitting mortgagor to sell for his own ben-
efit invalidates. Blakeslee v. Rossman (Sup., Wis.).. 193
3.-On property to be acquired, valid in equity. Wil-
359
liams v. Winsor (Sup., R. I.) (N. C.)...
4.-Property conditionally sold may be mortgaged by
vendor. Everett v. Hall (Sup., Me.)..
5.-On after acquired goods with power of sale to mort-
gagor void. Matter of Bloom (U. S. Dist.)....
6.-On stock of merchandise left in possession of mort-
gagor void. Mobley v. Letts (Sup., Ind.).............
7.-Filing. Leaving with proper officer sufficient com-
pliance with statute. Gorham v. Summers (Sup.,
Minn.).....

See Bankruptcy, 20, 21, 22.

CITIZENSHIP.-Indians not connected with any
tribe and paying tax are citizens. United States v.
Elm (U. S. Circ.)

CIVIL DAMAGE LAW.-Wife cannot recover either
actual or exemplary damages for threats and vulgar-
ity unaccompanied by physical injury. Calloway v.
Layton (Sup., Iowa.)......

CIVIL RIGHTS LAW.- Only one penalty recover-
able for violation as to several persons at one time.
Cent. R. R. Co. v. Green (Sup., Pa.) (N. C.)
COHOES.-Construction of charter of: elections of city
officers; declaration of result essential to complete elec
tion of alderman and other officers. People v. North
(Ct. App., N. Y.)..

COMMERCIAL AGENCY.- How far liable to
customer acting on representations as to credit.
Sprague v. Dunn (Phila. C. P.) (N. C.).

COMMON CARRIER.-Condition relieving carrier
from negligence of his own servants unreasonable and
void. Doolan v. Midland Ry. Co. (Eng. H. L.).
2.-Liable to true owner of goods for damages from bill of
lading negligently issued to wrong person. Farm. &
Mech. Bk. v. Erie Ry. Co. (Ct. App., N. Y)..........
3.-Shipper receiving bill of lading before shipment of
goods bound by stipulations in exempting carrier.
Germ. F. Ins. Co. v. Memp. & Charl. R. R. Co. (Ct.
App., N. Y.)...
4.-Act of God; Chicago Fire was not. Disp. Trans. Co.
v. Thielbar (Sup., Ill.)

5.-Carrier presumed to have authority to make contract
for carriage over; ultra vires cannot be set up as de
fense to negligence; waiver by agent of shipper with
out authority does not relieve estoppel. O. & M. R.
R. Co. v. McCarthy (U. S. Sup.)
6.-Limitation of liability; where two rates for carriage
exist, limitation except from willful misconduct of
carrier's servants reasonable. Lewis v. G. W. Rail-
way Co. (Eng. Ct. App.)...
7.--A London carman is not. Poice v. Jacob (Eng. Co.
Ct.)

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3. Real estate; lex rei sitæ governs transfer and mort-
gage of. Brine v. H. F. Ins. Co. (U. S. Sup.) ... 454
4.-Place of Contract. Promissory notes negotiated
through broker and sold to party in another State.
In re Dodge (U. S. Dist.)

5. Statute giving minor authority to sue has no extra-
territorial force. State v. Bunce (Sup., Mo.)....
CONSTITUTIONAL LAW.-ASSESSMENTS. State
rights; assessments for benefits and matters relating to
them are within the limits of State legislation. David-
son v. New Orleans (U. S. Sup.).....
2.-CIVIL RIGHTS. Fourteenth amendment directed only
against general State legislation. Petition of Wells
(U. S. Circ.) (in full.)
3.-COMMERCE. State law regulating commerce between
States; statute regulating rights of passengers in con-
veyances coming from out of State invalid. Hall v.
De Cuir (U. S. Sup.) (in full.)..

4.-State legislation regulating transportation of cattle
invalid, neither within police or sanitary powers of
State. Hannibal & St. Jo. R. R. Co. v. Huson (U. S.
Sup.) 89; (in full)
5.-CONSTRUCTION. A provision that acts "shall not

be done applies to future acts only. County of
Macon v. Shores (U. S. Sup.)......

6. CRIMINAL LAW. Congress may not make abortion a
crime in States, but may by penalties prevent send-
ing means of, through mails. United States v. Whit-
tier (U. S. Circ.)..

7.-DELEGATING to board of health power to make
ordinances as to the adulteration of milk within
power of Legislature. Polinsky v. People (Ct. App.,
N. Y.)...
8.-DISCRIMINATION. Statute unconstitutional as to
one class may be valid as to other classes. State
v. Amery (Sup., R. I.) (N. C.)..
9.-DUE PROCESS of law; assessment submitted to court
is by. Davidson v. New Orleans (U. S. Sup.) 73;
(in full)
10.-EMINENT DOMAIN. General Drainage act of New
York is constitutional. In re Ryers (Ct. App.,
N. Y.).....

11.-ESTOPPEL. Estoppel; one taking benefit of law
cannot attack constitutionality. Bidwell v. City of
Pittsburg (Sup., Pa.).......

489

493

73

111

109

168

34

334

432

319

223

333

192

12.-EXEMPTION. Law of State void as to antecedent
creditors. Edwards v. Kearzy (U. S. Sup.) (in full). 346
13. From taxation; Legislature may empower munici-
pality to exempt water company as to present and
future property. City of Portland v. Portland Wat.
Co. (Sup., Me.)...
390
14.-EX POST FACTO LAW. Innocent act cannot be
made unlawful by subsequent legislation. United
States v. Fox (U. S. Sup.) (in full)..
15.-IMPAIRING obligation of contract. Corporations
by consolidation under new law accept terms of
and waive rights under old charter. Shields v.
State of Ohio (in full) (U. S. Sup.)...

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-Alteration of charter of corporation by State
where power is reserved valid; reduction of tolls on
railroad. American Coal Co. v. Consolidated Coal
Co. (Ct. App., Md.)...
23.-Consolidation by existing corporations under new
law divests of privileges under charters in conflict
with new law; immunity from taxation. Maine
Cent. R. R. Co. v. State (U. S. Sup.)...
24.-Prohibi ory liquor law valid against corporations
chartered to manufacture malt liquor. Boston
Beer Co. v. Commonwealth (U. S. Sup.)....
25.-Homestead not exempt from debts contracted
before law. Woodlie v. Towles (Sup., Tenn.)
26.-Prohibitory liquor law does not as to corporations
authorized to manufacture malt liquor. Boston
Beer Co. v. Commonwealth (U. S. Sup.) (in full)..... 487
27.-City ordinance forbidding steam on railroads al-
ready constructed in city is valid. R. F. P. R. R. Co.
v. City of Richmond (U. S. Sup.).
28.-JUDGMENT. Of another State; record as to service
of summons impeachable. Marten v. Duncan (Sup.,
Kan.)
29.-LICENSE. State cannot discriminate against pro-
ducts of other States. Welton v. State of Missouri
(U. S. Sup.) (N. C.)..
30.-Limit of Federal law; an act committed in a State
having no relation to Federal law or power cannot

490

353

98

CONSTITUTIONAL LAW-Continued.

CONTRACT-Continued.

PAGE.

PAGE.

be made offense by Congress. United States v. Fox.
(U.S. Sup.) (in full)..

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31. MUNICIPAL BONDS void cannot be made valid with-
out consent of municipality. Horton v. Town of
Thompson (Ct. App., N. Y.)...
32-MUNICIPAL CORPORATION. Legislature can compel
city to pay equitable claims, and a law for that pur-
pose is not retroactive. Jefferson City Gas L. Co.
v. Clark (U. S. Sup.).
33.-Statute imposing debt usually but not legally due
invalid. Rader v. Township of Union (Sup., N. J.). 171
34.-NAVIGABLE STREAMS. State may regulate naviga-
tion of small streams within its boundaries. Pound
v. Turck (U. S. Sup.)......
73
35.-Congress may authorize canal along small naviga-
ble stream. State v. City of Duluth (U. S. Sup.).... 194
36.-State has authority to improve and take tolls until
Congress exercises its powers. Wisc. Riv. Imp. Co.
v. Manson (Sup., Wis.).
37.-PARTY. Person not injured by statute cannot raise
constitutionality of. Town of Pierpont v. Loveless
(Ct. App., N. Y.)

38.-PATENT RIGHT NOTES.

State laws regulating, con-
stitutional. Haskell v. Jones (Sup., Pa.) 267; Also
Woolen v. Banker (U. S. Circ.) (in full)..
39.--State legislation as to, invalid. State v. Lockwood

(Sup., Wis.)

40.-RAILROAD.

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Statute giving double value to owner
for cattle killed by; unconstitutional. A. & N. R.
R. Co. v. Baty (Sup., Neb.).
191
41.-Injuring cattle; act unconstitutional which im-
poses liability without regard to circumstances.
Zeigler v. S. & N. R. R. Co. (Sup., Ala.)...........
42. SHIPPING. N. Y. State vessel lien law not uncon-
stitutional. King v. Greenway (Ct. App., N. Y.)... 155
43.-SPECIAL LEGISLATION. Legislation in reference to
pre-existing corporations. Wallace v. Loomis (U. S.
Sup.)....

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44.-STATUTE OF LIMITATION. A State Legislature may
shorten the statute of limitation as to pre-exist-
ing debts, a reasonable time being left. Terry v.
Anderson (Sup. Ct., U. S.) (in full).......
45.-TAXATION. A municipality cannot tax its own
bonds. Murray v. Charleston (U.S. Sup.) (în full.).. 321
46. Of lands in city for benefits of little or no advan-
tage to them, not unconstitutional; extending
boundaries of city. Kelly v. City of Pittsburgh (Sup.,
Pa.) (N. C.)....
47.-TELEGRAPH. Instrument of commerce within con-
trol of Congress; State legislation as to, when in-
valid. Penn Tel. Co. v. W. U. Tel. Co. (U. S. Sup.)
(C. T.) 277; (Abst.) 291; (in full)...
48.-VIRGINIA. Statute of, making coupons of State
bonds receivable for all dues to State, constitutional
and applicable to fines devoted by the Constitution
to public schools. Ex parte Clarke (Sup., Va.)

CONSTRUCTION OF STATUTE.-Retrospec-
tive construction of statute of limitation not
allowable. People v. Lord (N. Y. Sup.)....
CONTEMPT-Party who flees jurisdiction of court
will not be permitted to prosecute or defend action
until he returns. Hovey v. McDonald (Sup. Ct., D.
C.) (N. C.).....
2.-By attorney; what does not constitute. People v.
Randall (Ct. App., N. Y.)...

See Bankruptcy, 36.

CONTRACT.-CONSTRUCTION OF contract for sur-
render and re-issue of railroad bonds. Union Pacific
R. R. Co. v. Stewart (U. S. Sup.)...
2.-Contract dependent on rise and fall of gold. Ames
v. Quimby (Ü. S. Sup.)...

3.--When time essence of; where goods are to be man-
ufactured within specified time, a failure to deliver
within time avoids contract. Jones v. United States
(U. S. Sup.)..

4.--Contract for storage. Hazleton v. Weld (Ct. App., N.
Y.).......

398

306

387

183

2

414

292

474

5.-Acceptance of; order for money dependent upon
future event. Robbins v. Blodgett (Sup., Mass.).... 311
6.-Sale of "about" a specified quantity: "about" a word
of expectancy, not of quantity. Kellogg v. Norman
(Ct. App., N. Y.).....
7.-EXPRESS CONTRACT is not to be varied by implied.
Hawkins v. United States (U. S. Sup.)...
8.-GOVERNMENT. The provisions of acts authorizing
contract with government must be followed to make
contract valid. Hawkins v. United States (U. S.
Sup.)..

13.-Note given for diseased sheep, sold in violation of
statutes, when valid, when not. Caldwell v. Budall
(Sup., Iowa)...
14.-Money deposited with third

478

74

248

back. Davis v. L. & P. M. Party upon, recoverable
Cu. (Eng. C. D.) (N.
C)....
15.-IMPLIED; performance by one party to parol con-
tract raises an implied contract to pay a quantum
meruit. Clark v. United States (U. S. Sup.)...
16.-NON-FULFILLMENT of; for personal service; ill-
ness caused by imprudence is valid excuse for. K-
v. Raschen (Eng. Ex. D.) (in full.)
17.-PATENT RIGHT. Contract for royalty under liti-
gated patent valid. Jones v. Burnham (Sup., Me ).. 391
18.-RESCISSION; between two parties for benefit of third
cannot be rescinded without consent of third after
acceptance. Bassett v. Hughes (Sup., Wis.)
19.-SALE; of real estate; construction of parol addi-
tion to terms rescission. Hussey v. Payne (Eng.
Ch. D.)
20.-Purchase of goods; vendor cannot enforce against
assignee of vendee. Clark v. Dickinson (Ct. App., N.
Y.)
See Bankruptcy, 37-40; Constitutional Law, 15–27;
Illegal Contract.

CORPORATION.-AGENCY. Brokers issuing deben-
tures of company agents for it and company bound
by their fraudulent representations as to it. Wier v.

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rectors of a company to the company held not void.
Omaha Hotel Co. v. Wade (U. S. Sup.)
4.-Fraud by; stockholders may ask for relief against.
Bayless v. L. M., etc., R. R. Co. (U. S. Circ.).
5.-Dissolution by expiration of charter terminates
pending action against directors; estoppel. Sturgis
v. Vanderbilt (Ct. App., N. Y.)
6.-Negligence in permitting fraudulent transfer of
stock does not render liable to stockholders negli-
gently furnishing opportunity for the fraud. Penn.
R. R. Co.'s Appeal. (Sup., Pa.)..
7.-OFFICERS. Provision of 2 R. S. 604, 88, as to
electing officers as applied to manufacturing corpor-
ations and mandamus will enforce. People v. Cum-
ming (Ct. App., N. Y.)..
8.-REMOVAL OF CAUSE; Corporation entitled to benefit
of act of Congress of 1867 for removal of cause and
verification of affidavit by president of corporation
sufficient. Mix v. Andes Ins. Co. (Ct. App., N. Y.).. 475
9.-STOCKHOLDER taking part in alteration of charter
cannot deny regularity of proceedings. Chubb v.
Upton (U. S. Sup.) (in full)

272

27

274

425

10.-Liability under New York statute; a contract and
not in nature of a penalty. Flash v. Conn (Sup.,
Fla.).....
11.-Liability of; construction of New Jersey statute
relating to. Griffith v. Mangan (Ct. App., Ñ. Y.).. 333
12.-One holding stock as collateral security liable as.
Pullman v. Upton (U. S. Sup.) (N. C.) 358; (Abstract)
363; (in full)..........
13.-Who is also creditor not liable for debts of, under
New York law. Mathes v. Neideg (Ct. App., N. Y.) 432
14.-Liability of for debt of corporation is extinguished
by debt of corporation to him. Agate v. Sands (Ct.
App., N. Y.)...
15.-Subscription for stock; reducing capital releases
from liability under. Santa Cruz R. R. Co. v.
Schwartz (Sup., Cal.)...

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17. That loan was made in violation of charter; no de-
fense. M. L. Ins. Co. v. Wilcox (U. S. Circ.) (in full). 426
18.-Church corporation borrowing money to build
meeting house is not. First Baptist Church v. Nee-
ley (Sup., Penn.)...

19.-Sewing machine company may take notes of third
person in payment of machines. Taylor v. Thomp-
son (App. Ct., Ill.).

512

34

20.-USURY. Provision that it shall not plead usury, ex-
tends to its sureties. Stewart v. Bramhall (Ct. App.,
N. Y.)......

475

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253

2.- Payments made by administrator to distributee and
litigated, not in action by distributee against adminis-
trator on another claim. Wright v. Wright (Ct. App.,
N. Y.)...
COVENANT.-By grantee limiting the use of real prop-
erty will be enforced when of value to the beneficiary;
estoppel. Lottimer v. Livermore (Ct. App., N. Y.).... 374
2.- Not to assign not usual one in lease. Hampshire v.
Wickens (Eng. Ch. D.) (N. C.) 439; (in full)....
CRIMINAL LAW.-ABORTION. Woman on whom per-
formed not an accomplice. State v. Hyer (Sup., N. J.).171, 355
2.-ACCOMPLICE. A bystander in case of a murder by
mere approval, not. State v. Cox (Sup., Mo.)...........
3.-Testifying for prosecution under promise of pardon :
rights of, at trial. Wright v. Rindskopf (Sup., Wis.).. 354
4.-BAR. To indictment, nolle prosequi of former indict-

508

354

451

17

333

ment not. Hester v. Commonwealth (Sup., Pa.) (N. C.) 259
5.-BIGAMY. Utah divorce no defense to. State v. Arm-
ington (Sup., Minn.) (in full.)...
6.-BURGLARY. Obtaining entrance to a bank by means of
a conspiracy is a constructive breaking and entering..
Johnston v. Commonwealth (Sup. Ct., Pa.)
7.-Ownership of premises entered may be laid in a part-
nership. Quinn v. People (Ct. App., N. Y.)..
8.-Dwelling-house, disconnected store in building, where
people live, is part of. Quinn v. People (Ct. App.,N. Y.) 333
9.-Entrance between 5 P. M. and 7 A. M., in winter, in
night. Brown v. State (Sup., Ga.)..
10.-COMMUTATION. Of sentence; acceptance by prisoner
not necessary for validity. Matter of Victor (Sup.,
Ohio) (N. C.)....

11. DISORDERLY HOUSE. Canvas tent within statute.
., Tex.) (N. C.)...

12. CRIMINAL EVIDENCE.

375

399

278

37

138

Kilman v. State (Ct. Ailure by criminal in custody
to contradict accomplice not an admission. Com. v.
Malone (Sup., Mass.).
13.-Conviction on uncorroborated testimony of accom-
plice valid. State v Hyer (Sup., N J.) (N. C.)...
14.-Accomplice as witness; agreement by public prosecu-
tor promising pardon not binding in court; witness not
entitled to have an attorney. Wright v. Rindskopf
(Sup., Wis.)...
15.-Prisoner in own behalf may be asked questions tend-
ing to impair credit. People v. Carey (Ct. App.,N.Y.) 432
16.-Mailing obsecne matter, sealed packages cannot be
opened in the mails. Matter of Jackson (U. S. Sup.)
(in full).....

17. EXAMINATION cannot be required after indict-
ment. Case of Gesner (N. Y. Sup.) (C. T.).
18.-EMBEZZLEMENT. Taking wild rabbits by game-keeper
not. Queen v. Reed (Eng. Q. B. D.) (N. C.)
19.--Wild animals not subject. Queen v. Reed (Eng. Q.
B. D.)

20.-FALSE MONEY. Issuing notes for less than one dollar;
notes payable in goods not in violation of Federal
statute. United States v. Van Auken (U. S. Sup.)
(Abst.) 431; (in full.).
21.-FALSE PRETENSES. Post-dated check may be subject
of. Lesser v. People (Ct. App., N. Y.)....
22.-FORGERY. Putting forged deed on record is. United
States v. Brooks (Sup., D. C.).
23.-FORMER JEOPARDY. Defendant was indicted for steal-
ing a number of articles together, he was convicted as
to some of them. He was then indicted for stealing the
same articles, the court quashing the first indictment.
Held, that he could not be convicted as to the same
articles as he was at first convicted. State v. Clark
(Sup., Ark.)

24. ILLICIT DISTILLING.-What indictments under R. S.
§§ 3266, 3281, must contain. United States v. Sim-
mons (U. S. Sup.)...
25.-INDICTMENT. Assault with dangerous weapon; duplic-
ity. People v. Carey (Ct. App., N. Y.)..
26.-INTENT. Essential to offense against law relating to
sale of intoxicating drinks. Farrell v. State (Sup.,
Ohio.)

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2.-In Confederate currency contract; value of currency
must be measured by greenbacks not gold. Bissell
v. Hayward (U. S. Sup.)......
162
3.-Sale at market price; to fix market price offer to
sell must be in the present. Harrison v. Glover
(Ct. App., N. Y.)....

234

.. 314

4.-Measure of; in contract to pay in specifled bonds;
when judgment for face value of bonds not allow-
able. Wintermute v. Cooke (Ct. App., N. Y.).............
5.-Measure of; for breach of contract of sale. Mason
v. Decker (Ct. App., N. Y.)
6.-Measure of; in contract for personal service as
theater actor. Sutherland v. Wyer (Sup., Me.)
7. In trespass and cutting of timber; innocent pur-
chaser not liable to land-owner for increased value
from cutting. L. S. & M. S. Ry. Co. v. Hutchins (Sup.
Com., Ohio)....

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3.-Breach of agreement to furnish information; that
erroneous information verbal, not. Sprague v. Dun
(Com. Pl., Phila.).
DEFINITIONS.-"Family" includes wife and chil-
dren. Hall v. Stephens (Šup. Ct., Mo.) (N. C.) ....
DELIVERY.-Liquor and labels sold together; labels
delivered constitutes part delivery. Garfield v.
Paris (U. S. Sup.) (in fulÎ)..

DIVORCE.-Alimony pendente lite is not allowable
unless marriage shown. Collins v. Collins (Ct. App.,
N. Y.)....

334

3

467

36

2.-Alimony courts here have only powers over divorce
given by statute; alimony is allowance, not estate.
Bacon v. Bacon (Sup., Wis.)...

193

490

432

3.-Utah divorce does not protect against bigamy. State
v. 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.)....

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36

EIGHT HOUR LAW.-Federal statute does not ap-
ply to employee of contractor with government; priv-
ity of contract. United States v. Driscoll (U. S. Sup.) 473
EMINENT DOMAIN.-What must be stated in peti-
tion to authorize proceedings. Marsh v. Appleton
(Ct. App.. N. Y.)..
2.-Compensation must be in money. After price is
filed applicant for proceedings may abandon but
may not reconsider election. State v. Halsted (Sup.,
N. J.)...
3.-Additional compensation to land owner_for_tele-
graph on railroad not required. W. U. Tel. Co. v.
Rich (Sup., Kan.)...

See Constitutional Law, 10.
EQUITABLE LIEN.-Use by railroad company of
money loaned does not give lien on road. Thorn-
ton v. St. Paul & C. Ry. Co. (Ct. App., N. Y.)................
ESTOPPEL.- Grantee in fee of tenant for life may
dispute title of remainderman. Christie v. Gage
(Ct. App., N. Y.)...
2.-Railroad aid bonds; invalidity of, cannot be raised
by commissioners issuing. First Nat. Bank v.
Wheeler (Ct. App., N. Y.)...

3. New reason for act done cannot be assigned after
suit brought. O. & M. R. R. Co. v. McCarthy (U. S.
Sup.).....
4.-Statements by maker of dishonored promissory note
to intending purchaser, constitute. Reedy v. Brun-
ner (Sup., Ga.)..

5.-Corporate director who has sold stock and no longer
acts, not estopped by action of corporation. Sturgis
v. Vanderbilt (Ct. App., N. Y.).....

6. Fire insurance company keeping silent when re-
quired to give notice, operates as; informality in
proofs of loss not at the time objected to. Bennett
v. Maryland Fire Ins. Co. (U. S. Dist.) (in full).
7.-Life insurance; when neglect of company to notify
as to place of payment prevents forfeiture by non-
payment. N. Y. Life Ins. Co. v. Eggleston (U. S.
Sup.) (in full)...
8.-What does not amount to. Lattimer v. Livermore
(Ct. App., N. Y.)....

9.-When prinicipal bound by acts of agent; ratification.
Ahern v. Goodspeed (Ct. App., N. Y.)....
10. An equivocal promise will be construed against the
one making it; parting with property on the prom-
ise, sufficient consideration. White v. Hoyt (Ct.
App., N. Y.)....

11.-On part of life insurance company; circumstances
raising. Meyer v. Knickerbocker Life Ins. Co. (Ct.
App., N. Y.).

12.-Giving undertaking for re-delivery in replevin estops
denying possession. Diossy v. Morgan (Ct. App.,
N. Y.)...

13.-Silence alone is not what is essential to. Mecouch
v. Loughery (Phila. C. P.)....
See Constitutional Law, 11; Fire Insurance, 6, 14; Life
Insurance, 2, 9.

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192

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14. Title. Invalid contract fully performed admis-
sible to show agency. Dunn v. Hornbeck (Ct. App.,
N. Y.)......

214

194

334

352

414

15. Entries in books of employer not admissible against
employee not making them. Van Sachs v. Kretz
(Ct. App., N. Y.) ..
16.-Correspondence between solicitors as to action
privileged from inspection. Bullock v. Corrie (Eng.
Q. B. D.)...

17. Privilege; inquiry as to arrests of witness privil-
eged. People v. Brown (Ct. App., N. Y.).......
18.-Agent's admissions after transaction not admis-
sible against principal. Furst v. Second A. R. R.
Co. (Ct. App., N. Y.)...........

253

271

272

374

272

363

368

374

19.-Testifying to best of belief and not positively,
proper; questioning accused as to motive allowable.
Blake v. People (Ct. App., N. Y.)..
20.-Contradicting other witness, what competent. Spar-
rowhawk v. Sparrowhawk (Ct. App., N. Y.).
21. Contradicting witness, party may, his own. Me-
Culloch v. Hoffman (Ct. App., N. Y.).......
22.-Written Instrument. Deed may be shown to be
mortgage by parol. Peugh v. Davis (U. S. Sup.).... 373
23.-Agent's declarations not admissible to bind princi-
pal. Krekeler v. Thoule (Ct. App., N. Y.)...
24.-Burden of proof, negative allegation involving
criminal neglect of duty or fraud, etc., must be
proved. Arthur v. Unkhart (U. S. Sup.)....
25.-Written Contract. Parol evidence to explain
meaning of terms admissible. Lawrence v. Galla-
gher (Ct. App., N. Y.).... . . .

292

333

353

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EXAMINATION OF PARTIES.-Director of
corporation may be examined under Code, 88 870 and
873. People v. Mut. Gas Light Co. (Sup., N. Y.) (in full) 70
EXEMPT PROPERTY.-Increase from; not on
that account exempt. Citizens' National Bank V.
Green (Sup., N. C.) (in full)

EXPERT TESTIMONY.-Physician testifying as
expert entitled only to ordinary witness fees. Ex
parte Dement (Sup., Ala.) (N. C.) .
2.-Who is not expert. Nelson v. Sun Ins. Co. (Ct. App.,
N. Y.).....

EXTRADITION.-English extradition act; British
subject not surrendered to Switzerland. Queen v.
Wilson (Eng. Q. B. D.)..

2. An extradited criminal cannot be tried for offense
other than that for which he was delivered up, and
not named in treaty. Commonwealth v. Hawes (Ct.
App., Ky.) (in full)..
3.-Between States; offender may be tried for offense
from that for which he was delivered up; one il-
legally surrendered may be tried. Matter of Noyes
(U. S. Dist.) (in full)..
EVIDENCE.-Verbal agreements at time of or pre-
vious to written contract are not admissible to vary,
but those made subsequently may be. Hawkins v.
United States (U. S. Sup.)..

329

232

Ohio)....

28. Declarations of vendor after sale not admissible
against vendee. Burnham v. Brennan (Ct. App.,
N. Y.)....

29.-Expert, not allowable in question of negligence,
within general experience. Shafter v. Evans (Sup.,
Cal.)..

See Bankruptcy, 19, 55, 56; Criminal Law, 12-16.
FALSE REPRESENTATION.-Exposing dis-
eased pigs for sale in market not a representation of
soundness. Ward v. Hobbs (Eng. Ct. App.)...
FEDERAL COURTS.-Not foreign to State tribu-"
nals but of a different sovereignty. Pennoyer v. Neff
(U. S. Sup.)........

511

512

290

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325

407

34

2. Of experts as to negligence in navigating vessel, is
admissible. East. Transp. Line v. Hope (U. S. Sup.) 35
3.-Parol admissible to show condition of making
written contract. Greenwault v. Kohne (Sup., Pa.). 37
4.-Confessions of lessee of distillery are admissible
against owner in proceedings under revenue law
for forfeiture. Doblins v. United States (U. S. Sup.) 56
5.-Question designed to show bias of witness compe-

tent. Wottrick v. Friedman (Ct. App., N. Y.)..... 57
6.-A judgment of divorce is admissible in collateral

action to show status of divorced wife of party
offered as witness, and cannot be impeachable in

332

353

4.-Valuation; under Wisconsin statute statement of value
in policy is conclusive, and not to be waived by stipula-
tion. Reilly v. Franklin Ins. Co. (Sup., Wis.)..
5. Subrogation, contract for, with mortgagee as to his
own interest; when valid. Ulster Co. Sav. Inst. v.
Decker (Ct. App., N. Y.)....
6.-Estoppel; silence of company when required to give
notice operates as; notice after loss and informality in
giving not then objected to, no defense; pleading. Ben-
nett v. Maryland Fire Ins. Co. (U. S. Dist.) (in full.).. 363
7.- Alienation of title, condition forbidding violated by
death of insured. Sherwood v. Agricultural Ins. Co.
(Ct. App., N. Y.).
8.-Waiver; condition avoiding policy if possession changes
may be waived by verbal contract of company's agent.
Amazon Ins. Co. v. Wall (Sup., Ohio.).

433

489

PAGE.

FIRE INSURANCE-Continued.
9.-Warranty of description in application; reference to
application not in company's possession does not con-
clude insured. Vilas v. N. Y. Cent. Ins. Co. (Ct. App.,
N. Y.)..
10.-Title, want of, to premises insured, when no defense.
Munroe Co. M. Ins. Co. v. Robinson (Sup., Pa.)...
11.-Under provision that policy is void if there is other
insurance not indorsed on policy, a general notice of
such insurance, not stating amounts to agents, will not
save avoidance. Billington v. Prov. Ins. Co. (Ct.
Error, etc., Ontario.)..

12. Construction of policy doubtful, and contradictory
provisions construed so as to avoid warranty. First
Nat. Bk. v. Hartford Ins. Co. (U. S. Sup.).
13.-Ownership; statement that lessor owns uncondition-
ally property does not avoid policy. Lycoming F. Ins.
Co. v. Haven (U. S. Sup.) (in full...).......
14.-Conditions avoiding policy; unoccupied building; es-
toppel; knowledge of agent knowledge of company;
agent of company cannot be made agent of insured by
stipulation; waiver. Gans v. St. Paul Ins. Co. (Sup.,
Wis.).

15.

492

513

58

153

163

194

226

273

- Willful burning; proof of, need not be beyond
reasonable doubt. Kane v. Hibernia Ins. Co. (Ct. Er.,
N. J.) (in full)..
16.-A fire policy was conditioned to be void if the insured
premises should be vacant, and the condition was not
to be waived except by written consent indorsed
thereon. Held, that a verbal consent of the company's
agent, and a memorandum on the agent's books, was
not a waiver of the condition. Walsh v. Hartford F.
Ins. Co (Ct. App., N. Y.)...
17.-Conditions on back of policy referred to therein, bind-
ing; incumbrance on property, confessed judgment
unexecuted is. Kensington Nat. Bk. v. Yerks (Sup.,
Pa.)
18.-Eminent domain; insured property being acquired
for public improvements does not relieve insurer. Col-
lingridge v. Roy. Ex. Assur. Corp. (Eng. Q. B. D.)... 290
19.-Mortgage; insurance by mortgagor for benefit of
mortgagee; when company may pay loss to mortgagor.
Stearns v. Quincy M F. Ins. Co. (Sup., Mass.).
20.-Conditions in policy against vacant building; saw-
mill temporarily unused in dry weather not a vacant or
unoccupied building; increase of risk; applies only to
future acts. Whitney v. Black R. Ins. Co. (Ct. App.,
N. Y.)...

....

289

312

314

359

PAGE.

HABEAS CORPUS.-Judgments by courts having
jurisdiction will not be reviewed by. Petition of Gor-
man (Sup., Mass.)
HIGHWAY.-Corporation occupying highway must
keep it in repair. Penn. R. R. Co. v. Irwin (Sup. Ct.,
Pa.).
2.-Owner of adjoining land may temporarily use. Mal-
lory v. Griffey (Sup., Pa.).

3.-Change in grade of, entitles land owner to additional
compensation. City of Youngstown v. Moore (Sup.
Com., Ohio.).
Bartlett v.

4.-Cul de sac may become, by dedication.

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INDORSEMENT-Collateral security, holder of note
secured by mortgage may look first to accommoda-
tion indorser. First Nat. Bk. of Buff. v. Wood (Ct.
App., N. Y.)..
ILLEGAL CONTRACT.-When parties equally
to blame, money paid in, recoverable back if there is
locus penitentice and contract incomplete. Knowl-
ton v. Cong. & Emp. Spring Co. (U. S. Circ.) (in
full)..
2.-Agreement to purchase stock to be delivered not
presumptively a gaming contract. Story v. Solomon
(Ct. App., N. Y.)...
3.-Mortgage given to compound felony will be set
aside. Henderson v. Palmer (Sup., Ill.) (N. C.)..........
4.-Lease by agent of house to be used for gambling
does not defeat action for rent by innocent land-
lord. Stanley v. Chamberlain (Sup., N. J.) (N. C.)
119; (Abst.).
5.-Security given on compounding offense against Fed-
eral revenue law void. Wright v. Rindskopf (Sup.,
Wis.)..

See Contract, 10-14.
INFANCY.-No distinction between void and void-
able contracts. Harner v. Dipple (Sup. Ct., Ohio)
(N. C.)

412

191

10

108

63

171

331

138

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FIXTURES.-Rolling stock on railway is not real estate.
Williamson v. N. J. South. R. R. Co. (Ct. Er., N. J.) (N.
C.)
2.-Chairs fitted to a theatre and screwed to floor, are so
as to authorize a mechanics' lien. Gross v. Jackson
(C. P., N. Y.) (N. C.)
FORECLOSURE.-In what manner interest of mort-
gage on may be stated under Code, § 1244, in referee's
deed. Randel v. Van Ellert (N. Y. Sup.) (C. T.).
2.-Referee to compute amount due must take oath.
change Fire Ins. Co. v. Early (N. Y. Com. Pl.) (C.
T.)
FORGED PAPER-Bank paying checks on forged
indorsement cannot hold depositor. Welsh v. Germ.
Am. Bk. (N. Y. Super ) (N. C.)
FRAUD.-Sale by one partner of an insolvent firm to an-
other is not. Russell v. McCord (U. S. Dist.)
2.-Premiums paid upon life policy taken upon false repre-
sentations, not recoverable back unless representa-
tions influenced plaintiff. A promise is not a fraud.
Rohrscheider v. Knick. Ins. Co. (Ct. App., N. Y.)..
3.-Purchase of goods on credit by one without means,
when fraudulent and when not so. Talcott v. Hender-
son (Sup.. Ohio.)
4.-Equity will not relieve against mere moral wrong; nor
against failure to fulfill verbal agreement as to pur-
chase of land. Watson v. Erb (Sup. Com., Ohio.)... 489
See Bankruptcy, 63-68.

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8.-To set aside fraudulent sale of goods, knowledge must
be shown in vendee. Dickinson v. Adams (U. S. Dist.) 472
4.-Chattel mortgage on merchandise left in possession of
mortgagor fraudulent; what is fraudulent arrange-
ment. Southard v. Bennet (Ct. App., N. Y.).....
See Bankruptcy, 68.

GIFT-Donatio mortis causa. Gift of bank deposit re-
ceipt without delivery to donor incomplete. Moore v.
Ulster Banking Co. (Ir. Q. B.) (N. C.) ..

511

INNKEEPER.-Has llen on guest's horses for entire
bill of guest. Mulliner v. Florence (Eng. Ct. App.)
(N. C.)
INSANITY.-The presumption 'is of sanity until in-
quest found then of insanity. Titcomb v. Vantyle
(Sup., Ill.)......

INTERNAL REVENUE. Forfeiture, acts of
lessee of land upon which distillery stands bind
owner. Dobbins v. United States (U. S. Sup.).
2.-Revenue collector may not examine paid bank
checks under § 3177, R. S. U. S. United States v.
Mann (U. S. Sup.) (in full).
3.-Evidence of witnesses not admissible to supply want
of entries required by law to be kept. Bergdoll v.
Pollock (U. S. Sup.).......

298

91

56

85

34

INTEREST.-In case of conflict of law between
place of contract and of payment, parties may stipu-
late judgment does not change rate in Iowa.
Cromwell v. County of Sac (U. S. Sup.) 252; (in full) 264
2. Statute and not contract governs rate when note
is past due. Duran v. Ayer (Sup., Me.)...
412
3.-Rate of, after maturity of instrument governed by
statute, not by instrument. Eaton v. Boessonault
(Sup., Me.) (N. C.)....

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99

2. Of another State; impeachment of record of ser-
vice of summons allowable. Marten v. Duncan
(Sup., Kan).

353

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3.-Of U. S. Circuit Court, footing of, same as that of
Superior Court of State. Turrell v. Warren (Sup..
Minn.)..

434

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