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STATUTORY CONSTRUCTION - Cont’d. PAGE
9.- Federal eight-hour law. United States v. Driscoll
(U. S. Sup.)...

473
STOLEN SECURITIES.--Purchaser in good faith

protected; evidence of intent. D. M. Ins. Co. v.
Hatchfield (Ct. App., N. Y.)....

415
STOPPAGE IN TRANSITU.- What is insuff-

cient notice to carrier. Clementson v. G. T. Ry, Co.
(Q. B., Ontario.)

93
SURETYSHIP.- A surety cannot require the credi-

tor to see that his principal performs. Harris v. Newell
(Sup., Wis.) (N. C.)..

3
2.-The liability of a surety cannot be extended by con-

struction, constable's official bond. Taylor v. Par-
ker (Sup., Wis.).....

39
3.-Construction of contract of guaranty. Jefferson City
Gas L. Co. v. Clark (U. S. Sup.).

56
4.-Official bond sureties in, not liable for personal injury

resulting from neglect of duty of principal. Jenks v.
Fassett (Sup , Mo.).

93
5.-Surety on undertaking on appeal not exonerated by

discharge of principal in bankruptcy. Knapp v. An-
derson (Ct. App., N. Y.).

94
6.- Government officer; sureties of, not discharged by

forbearance. United States v. Wright (U. S. Dist.)
(N. C.)...

99
7.-Principal liable to surety for costs and expenses incur-

red in securing debt. Thompson v. Taylor (Ct. App.,
N. Y.)..

155
8.Sureties when liable for debt of public officer, pre-

viously a defaulter. State v. Tooy (Sup., N. J )... 171
9.-Construction of contract to furnish goods. Morrell v.
Cowan (Eng. Ct. App.)...

172
10. --Attempt of creditor to collect collateral securities or

receiving such securities, or attempted payment will

not release surety. Lord v. Bigelow (Sup., Mass.).., 231
11.--Release of suretý; creditor discharging after-acquired

security for debt, releases surety. Campbell v.
Rothwell (Eng. C. P. D.).....

552
12.-Alteration in contract; surety not liable under new

contract. Holme v. Brunskill (Eng. C. P.D.).... 271
13.-Omcial bond of U. S. revenue collector ; sureties not

liable to private individuals for torts of principal.

Clark v. United States (Sup., Ga.)
14.--Death; rule releasing surety by death not applicable

to indorser of commercial paper. First Nat. Bk, v.
Morgan (Ct. App., N. Y.)....

853
15.-One signing as surety presumptively does so for all

apparent nakers ; consideration; release as indorser
sufficient. Sayles v. Sims (Ct. App., N. Y.)..

475
16.--Representations as to credit in good faith do not

render maker liable. Duff v. Williams (Sup., Pa.) (in
full)

510
See Bankruptcy, 13, 138-142 ; Corporation, 20.
SURROGATE.-Has not jurisdiction to make legacies

chargeable in real estate. Bivan v. Cooper (Ct. App.,
N. Y.)....

512
TAXATION--Must extend over whole of the district
benefited. State v. Fuller (Sup., N. J.).....

172
2.--Voluntarily paid when recoverable back. City of
Elizabeth v. Hill (Sup., N. J.)...

172
3.--Purchase at tax sale by party bound to pay taxes is

but payment ; is voluntary, and mistake as to effect

is one of law. Lambert v. Co. of Dixon (U. S. Sup.). 252
4.--Of national banks; rate of, how determined in New

York; deduction for real estate. People v. Commrs.
of Taxes (Ct. App., N. Y.) (in full)..

344
5.-Of national banks; unjust discrimination against, not

allowable, and will be restrained by Federal court.
Merch. Nat. Bk. v. Cumming (U. S. Circ.) (C. T.) 297
(in full)..

845
6.- Assessments for street improvements not taxes; cove-

nant to pay taxes of every name and nature. Beals
v. Prov. Rubber Co. (Sup., R. I.) (N. C.).

379
7.--Of farm lands included in extension of city for depart-

ments of, valid. Kelly v. C. of Pittsburgh (Sup., Pa.)
(N. C.)

398
8. -Exemption from personal and not assignable. Wilson
v. Gaines (Sup., Pa.).

435
See Bankruptcy, 143.
TELEGRAPH.--Failure to deliver message sent enti-

tles to at least nominal damages. Logan v. West. Un,
Tel. Co. (Sup., Ill)..

93
TENANCY IN COMMON.--Doweress and heirs

tenants in common. Knowles v. Barnhardt (Ct. App.,
N. Y.)

154
TENDER-Must be kept good to stop interest and costs.
Bissell v. Heyward (U. S. Sup.)......

162
TIME.--Computation of; no time stated means reason-
able time. Shipler v. Scott (Sup., Pa.).....

513
TITLE.-To personal property; fraudulent bills of lading

given by general owner in possession, of pledged cargo
of grain transfer, no title; nor does fraudulent deliv-
ery, and the pledgee is not estopped from asserting

TITLE - Continued.

PAGE.
2.-To article to be manufactured and sent, vests when de-

livered to carrier to be sent, and this is not defeated,
because manufacturer retains lien while article in car-

rier's hands. Higgons v. Murray (Ct. App., N. Y.).. 334
3.--Sale of land by one in rebellion before passage of con-

fiscation act gives good title. Conrad v. Waples (U.
S. Sup.)

352
4.-To stolen securities; purchaser in good faith. D. M.
Ins. Co. v. Hatchfield (Ct. App., N. Y.).

415
TRADE-MARKS.- Infringement; "Sapolio"

and
"Saphia; " public must be misled and defendant's
individuality preserved. Enoch Morgan Sons Co. v.
Schwachhofer (Sup., N. Y.) (in full.)

229
2.-Bottles bearing distinctive indelible mark cannot be

used by rival trader. Rose v. Loftus (Eng. Ch. D.).. 472
TRADE SECRET.--Covenant not to disclose, not too

general and enforceable. Hagg v. Darley (Eng. Ch.
D.)...

876
TRESPASS.- Trespasser by mistake, cutting timber,

not entitled to compensation for work done. Isle Roy
Min. Co. v. Hertin (Sup., Mich.).

114
2.- Taking possession of premises held over by tenant at

will after notice not. Sullivan v. Carberry (Sup., Me.) 413
TRIAL.-A ruling working no harm is not error. Mut.

Ben. & Life Ins. Co. v. Higginbotham (Sup. Ct., U.S.) 16
2. Cross-examination is very much within discretion of
court. Carrington v. Ward (Ct. App., N. Y.)

74
3,-Instruction to jury on assumed fact is error, Chi, R. I.
& P. R. R. Co. v. Houston (U. S. Sup.)....

91
4.-Practice at, as to excepting to incompetent evidence.

Furst v. Second A. R. R. Co. (Ct. App., N. Y.....
5.-General objection to evidence when sufficient and when

insufficient. McCulloch v. Hoffman (Ct. App., N.
Y.)......

352
6.-Charged to jury comments not prejudicing, not ground

for reversal, court not bound to give as instruction philo-
sophical remarks. Walker v. Johnson (U. S. Sup.).. 432

See Criminal Law, 38, 39; Juror.
TROVER.-Defense; mistaken removal of fence under

orders of town officers, not. Smith v. Colby (Sup.,
Me.)...

391
TRUSTS.-Life estate, a will directing trustees to

permit one to have, take and receive'rents, issues and
profits of land during naturallife, creates life estate.
Verdin v. Slocum (Ct. App., N. Y.) (in full).

13
2.-Assignee of mortgage held in trust expressed therein

takes subject to trust. Reid v. Sprague (Ct. App.,
N. Y.).

254
3.--Mutualill will between cestui quetrust and trustee not

alone ground for removing trustee ; attorney trus-

tee for client. McPherson v. Cox (U. S. Sup ). 373
ULTRA VIRES.-Doctrine only applicable to exe-

cutory contracts. Thompson v. Lambert (Sup., Iowa)
(N. C.).

158
2.-Cannot be set up as defense for negligence. O&M.
R. R. Co. v. McCarthy (U. S. Sup.).

194
3.-Contract of corporation in excess of powers valid

unless against public policy, that loan was made in
excess of powers no defense to action by corpora-
tion in. Germ. F. Mut. Ins. Co. v. Dhein (Sup.,
Wis.)

331
UNDUE INFLUENCE.- Pretenses of spiritual-

istic communication constitutes. Leighton v. Orr
(Sup., Iowa) (N. C.).....

159
USURY.-Forfeiture must be confined to usurious

loan though consolidated with non-usurious. Mahn
V. Hussey (Chan., N. J.)....

94
2.-Unauthorized taking of, by agent does not bind

principal. Gokey v. Knapp (Sup., Iowa) (N. C.).... 119
3.-What is not; the directors of a company loaned

money in interest to it and the money was deposited
without interest in a bank of which they were also
directors. Held, no usury.

Omaha Hotel Co. v.
Wade (U. S. Sup.)

161
4.- Penalty in default in payment not. Ramsay v. Mor-
rison (Sup., N.J.).....

172
5.--Taint of, follows renewal notes, and a National bank

must give credit in an action on the lost note for all
interest paid from beginning. Cake v. First Nat.
Bk. of Lebanon (Sup., Pa.) (in full)

345
6.-Injunction wiil issue to restrain collection of.
Waite v. Ballou (Sup., Kan.)

354
7.-By National banks State courts have jurisdiction for

penalties ; set-off; penalty may not be against other
note. Hade v. McVay (Sup., Ohio) (in full).

410
8.-Provision that corporations shall not plead extends

to their sureties. (Ct. App., N. Y.)
9.-Cannot be eradicated by taking new security. Mil-
ler v. Irwin. (Sup., Pa.)...

513
See Corporation, 20; National Bank, 3,5.
VOLUNTARY CONVEYANCE.-What amounts

to post-nuptial settlement. Trowell y. Shereton

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2

.... 315

PAGE.
WAIVER.-Acceptance by State of work and payment

with knowledge of all circumstances of contract
illegally made, ratification and waiver of claim un-
der. People v. Lord (Ct. App., N. Y.)......

273
WAREHOUSE RECEIPT.-Possession of, in-

dorsed in blank, presumptive evidence of ownership
of property described, is negotiable, effect of notice.

Davis v. Russell (Sup., Cal.)......
WARRANTY.-A receipt stating a horse to be

"quiet to ride and drive, and warranted sound," held
not a warranty that the horse was quiet to ride and

drive. Anthony v. Halstead. (Eng. Com. PI. Div.) 17
2.-Breach of possession is essential to maintenance of

action for Matteson v. Vaugh (Sup., Mich.)... 269
WATER-COURSE.-Right exists in public to float

logs on small streams. Town of Pierpont v. Love-
less (Ct. App., N. Y.).

191
WAY.-Existing right of, cannot be enlarged by new
use. Carty v. Shields (Sup., Pa.) (N. C.)....

319
WILL.-In lead pencil valid. Myers v. Vanderbilt
(Sup., Pa.) (N. C.).

23
2.-Bequest for advancement of Kingdom of Christ by
designated means valid..

79

WILL- Continued.

PAGE.
3.-Construction of "living children" held not to in-

clude grandchild ; " children and heirs" includes
grandchild ; instruction to exclude lineal descend-
ant will not be imputed. Low v. Harmony (Ct.
App., N. Y)..

214
4.-Construction of; suspension of power of aliena-

tion. Moore v. Hegeman (Ct. App., N. Y.).... 254
5.-Construction of; perpetuities. Garvey v. McDivitt
(Ct. App., N. Y.)....

273
6.-Signed by another by direction of testator valid;

supported against testimony of subscribing witness.
Will of Jenkins (Sup., Wis.)..::

430
7.-Construction of, when legacies not chargeable on

real estate. Bevan v. Cooper (Ct. App., N. Y.)...... 512
WITNESS,- Impeachment; though party cannot

impeach his own witness, he may contradict him.
Smith v. Ebhert (Sup., Wis.)...

211
2.-Experts, compensation of; physician testifying as,

entitled to extra witness fees. Buchman v. State
(Sup., Ind.) (in full)...

242
3.-Party is at common law to prove contents of lost

package, and under & 1079, U.S. R. S. United States
v. Clark (U. S. Sup.)...

233
4.-Deceased party ; remarks of deceased, to third per-

son, in presence of other party, he cannot testify
to under old Code, & 399. 'Kranshaar v. Meyer (Ct.
App., N, Y.)..

374

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