FRAUD AND FRAUDULENT CON- Estoppel of Insurer as to, by Medical As to Insurance, see INSURANCE, 2. Mere suppression by a debtor of the fact that negotiations are pending for a sale of the plant of a corporation, shares of stock in which he has pledged as collateral security for his debt, and that such sale will more than double the value of the stock, is not a fraudulent concealment which will invalidate an agreement by the creditor to release the collateral and abate a portion of the debt in consideration of its immediate payment some months before maturity, since the debtor occupies no fiduciary relation, and is under no obligation to speak. ora Fertilizer Co. v. Dunan (Md.) FREE MASONS. Chic401 Taxation of Lodge Building, see TAXES, 5. FUNERAL EXPENSES. Flowers, see EXECUTORS AND ADMIN- GAMBLING. See GAMING. GAME LAWS. Registration and License of Guides, see CONSTITUTIONAL LAW, 9. GAMING. Guaranty of Equal Protection, see CON STITUTIONAL LAW, 7. A private room in a hotel, rented by the occupant, is his "place" or his "house" within the meaning of an ordinance making it unlawful to permit gaming in any person's inclosure, place, or house. Greenville v. Kemmis (S. C.) NOTES AND BRIEFS. Gaming; laws against. GARBAGE. 725 762 for the purpose of accumulating in the hands of the garnishee moneys which are exempt from such process, but which the creditor attempts to reach by a new garnishment after the expiration of the thirty days for which, under Minn. Gen. Stat. 1894, § 5314, wages were exempt, constitute an abuse of legal process which the court will not sanction. Rustad v. Bishop (Minn.) 168 NOTES AND BRIEFS. An exclusive privilege given by a railroad company to one baggage-transfer company, of entering the railroad depot to solicit business, without interfering with the right of a rival company to receive and deliver baggage at the station, is not in violation of Va. act March 3, 1892, prohibiting any undue or unreasonable preference by any common carrier to any person, since this statute, which was adopted from England, had been previously construed by the English courts to apply only to preferences by comcarriers. Norfolk & W. R. Co. v. Old Domon carriers in respect to their services as minion Baggage Transfer Co. (Va.) 722 Requiring License as Scavengers, see HEIRS. CONSTITUTIONAL LAW, 19. GARNISHMENT. Construction of Statute Exempting Laborers, see STATUTES, 5. Successive garnishments of wages, begun See DESCENT AND DISTRIBUTION. HIGHWAYS. 65 1. Delegation to a municipality of authority to fix and establish its street grades will not deprive the legislature of power to do so by its own direct act. Brand v. Multnomah County (Or.) 389 2. An establishment of the grade of a street will be effected by a statute providing for the construction of a bridge with an approach along such street, which shall conform to the grade of a cross street, which is higher than the surface of that occupied by the approach, as it has been previously used, but the grade of which has never been established. Id. 3. No right is given to a telegraph company, as against abutting owners, to use the streets for telegraph purposes, by Wis. Terr. Laws 1848, p. 257, which gives the right to construct such lines, as this is intended to confer the right only as against the public. Krueger v. Wisconsin Teleph. Co. (Wis.) 298 4. Telephone poles and wires constitute an additional burden upon a street, for which compensation must be made to the owners of the land as a condition of such Id. use. more 9. A contract by a city to maintain for all future time a bridge erected by a railway company over a public street, which is made necessary by the occupation of the street by the railway tracks, is ultra vires, and cannot be set up by the company to defeat an action of mandamus to compel it to make necessary repairs to the bridge. Id. 10. A railway company occupying a public highway with its tracks is bound to restore the street, by some reasonably safe and convenient means, to its former condition of usefulness; and this duty is a continuing one, and includes the making of such repairs as may become necessary. Id. 11. The closing of a roadway left at the old grade for the accommodation of abutting owners, when changing the surface of a street to the grade established by the legis lature to fit it for a bridge approach, so that access from the lots of such owners to the street is cut off, gives them no right of action, although it purports to be done under authority of the municipality given upon condition that such owners consent, if such authority was not necessary and there was no intention to change the grade as established. Brand v. Multnomah County (Or.) 389 12. A city is liable for fatal injuries to a railroad switchman, caused by a dangerous defect in the planking between the rails of the railroad track where it crossed the street, of which the city had, or ought to have had. knowledge, notwithstanding the fact that the railroad company, in whose service the switchman was engaged at the time of the injury, was by contract with the city required to keep the crossing in safe condi783 tion. Kansas City v. Orr (Kan.) NOTES AND BRIEFS. Highway; liability of city for defect in: 783 injury by use of, on Sunday. Contract between railroad and city as to bridge in. 657 For what improvemnt used; railroads in. 489 Rights of landowner in; extent of dedication; lawful uses of; placing telephone poles in. 299 6. A private corporation has no right than a private person to erect and maintain a nuisance on its own premises or in a public street, which has the effect to deprive an adjacent or abutting owner of the beneficial use of his property, without in; bridge approach in. Change of grade: lawfulness of structure 391 making compensation for the injury. Id. 7. A grant of the right to operate and maintain a railroad in a certain street gives no authority to erect and maintain a water tank therein. Id. 8. A railway company is not relieved of its common-law duty to construct and maintain a safe and suitable means of passage over a city street, made necessary by the occupation of the street by its tracks, by Minn. Spec. Laws 1885, chap. 7, § 3, providing that the city may build a bridge and the approaches thereto, in any street or highway of the city, over railway tracks or other places. State ex rel. St. Paul v. Minnesota Transfer R. Co. (Minn.) 656 HOLIDAYS. NOTES AND BRIEFS. Holidays; right of school teacher to salary on. 374 HUSBAND AND WIFE. Contract for Division of Recovery in Damages for Breach of Promise Not En hanced by Loss of Other Opportuni- while his appetite for intoxicants has become ty, see DAMAGES, 3. As to Dower, see DOWER. Divorced Wife's Right to Life Insur- 1. A valid common-law marriage exists between persons who have in good faith been formally married when one of them was under a legal disability, and who continue to live together without any new ceremony after the disability is removed, thinking there is no necessity for a new marriage, and declare that they are and will continue to be man and wife. Schuchart v. Schuchart (Kan.) 180 uncontrollable at frequent intervals, so that, if at liberty, he will inevitably take to drinking, and when under the influence of intoxicants will be dangerous, is not insane within the meaning of statutes providing for the restraint of lunatics, but, if he has been committed to an insane hospital after commencement of a prosecution, is entitled to be returned to the custody of the sheriff in order that the trial may be proceeded with. Re Buchanan (Cal.) 378 INDEPENDENT CONTRACTOR. Employment of, to Run Exhibition, Not Relieve Owner, see MASTER AND SERVANT, 4. As to Negligence, see NEGLIGENCE. 2. A wife may maintain an action against one who entices her husband from her and alienates his affections, under Ky. Stat. § 2128, giving to the wife a right to sue and be sued as a single woman. Dietzman v. INDICTMENT. Mullin (Ky.) NOTES AND BRIEFS. 808 Husband and wife; legality of commonlaw marriage. 180 Right of action for injury to wife. 816 97 Enforcement of contract for alimony. 549 Custody and domicil of child after divorce. 663 Actions for alienation of affections. 808 IMITATIONS. The false designation of washboards as "aluminum," when the metal used on them is zinc, does not constitute unlawful competition against a manufacturer of aluminum washboards, who, by virtue of a monopoly in the supply of that metal, is the only person who does or can furnish such articles, where there is no attempt to represent the zinc boards as those of his manufacture. American Washboard Co. v. Saginaw Mfg. Co. (C. C. App. 6th C.) See also TRADEMARK. NOTES AND BRIEFS. 609 Imitations; unlawful competition by; deceptive similarity. 609 INCOMPETENT PERSONS. Statute Charging Maintenance on Estate, see CONSTITUTIONAL LAW, 10. A person who has no delusions, but is more than ordinarily intelligent, with memory unimpaired, and who appreciates exactly the nature of a criminal charge against him and his relations to the proceeding, and who, so far as mental operations are concerned, is as sane as men are ordinarily, though, on account of a serious illness resulting from indulgence in the excessive use of intoxicating drink his brain is affected so as to change his character, whereby he has lost ambition, become aimless and trifling, and has deteriorated in moral character, 1. An information charging violation of a statute declaring the "owner, agent, lessee, or occupant of any building" from the chimney of which there shall issue black smoke, guilty of creating a public nuisance, is not sufficient if it merely follows the language of the statute, but it should charge that accused did "unlawfully cause, permit, and allow the emission" of the smoke, thereby showing that he had control over the smoke production. Moses v. United States (App. D. C.) 532 2. An indictment is not bad for duplicity or insufficient in law where it charges but of the statute claimed to be violated, so that one offense, and follows closely the language the offense charged and the statute under which the indictment is found can be clearly identified and understood. State v. Snowman (Me.) INFANTS. 544 902 feited and canceled, but remains valid. Agua Pura Co. v. Las Vegas (N. M.) Suspension of state laws by bankruptcy 224 act. 2. An injunction to compel the restoration of a stairway will be granted in favor of the owner of an easement in the use of it, where defendant, after a refusal of permission to change the location of the stairway, and during the pendency of an appeal from a decision denying an injunction to restrain the threatened invasion of complainant's easement, has proceeded to make the change, with full knowledge of complainant's rights and the pendency of the appeal, although the cost of restoring the building to its former condition may be greater than the injury to complainant. Ives v. Edison 134 (Mich.) 3. Injunction is the proper remedy to prevent the unlawful pumping of natural gas to the injury of other parties. Manufacturers' Gas & O. Co. v. Indiana Gas & O. 768 Co. (Ind.) Life insurance as assets of bankrupt. INSTRUCTIONS. 641 33 To Jury, see TRIAL, 7. INSURANCE. Life Insurance Policy Not Vest in Trus- Claim where Insured Disappeared, see Transfer of Action on Policy to Equity, Declarations of Assured as to Health, Allegation of Tender to Entitle Insurer Service on Foreign Company, see WRIT 1. An insurance adjuster's presence at a 4. An unsightly telephone pole erected without right in a street, where it obstructs to some extent a show window of the owner of the fee in that part of the street, consti-Agents. tutes a continuing trespass against which an injunction may be granted. Krueger v. trial, in an action by the insured against 298 the party causing the loss, and his stateWisconsin Teleph. Co. (Wis.) of ment as to an agreement between the par5. The expenditure of large sums money upon the faith of a void ordinance ties in that case, that he had no doubt that a certain stipulation would meet with the granting to an electric-light company an exclusive franchise to light the streets of a approval of the insurance company, is inefcity gives the company no right to an in- fectual to bind the company to an approval junction to restrain a grant to another com- thereof, so as to affect its right of subrogapany, since it was bound to know the law tion under its contract, where the adjuster and the restrictions upon the power of the is not shown to have any authority to waive the rights of the company with respect to the city. Clarksburg Electric Light Co. subrogation. Packham v. German Fire Ins. Clarksburg (W. Va.) Co. (Md.) V. 142 6. A mandatory injunction order which grants the whole relief obtainable in the suit, and obedience to which will be the end of the litigation, is void if issued without notice, under Ky. Civ. Code Prac. § 276, amended by Laws 1894, p. 201, and cannot be sustained as a mere temporary restraining order. Weaver v. Toney (Ky.) 105 7. Irreparable injury that may result from the delay of giving notice for an injunction will not be sufficient to justify the failure to give notice, when there is no excuse for not filing the suit earlier while Id. there was time to give the notice. NOTES AND BRIEFS. See INCOMPETENT PERSONS. 828 2. The omission of "fraud" from the specConditions and warranties. ified grounds of contest of a life insurance policy will not preclude contest on that 774 ground. Welch v. Union C. L. Ins. Co. (Iowa) an insurance policy, 3. A provision in that it shall be incontestable for any cause except misstatement of age, "except as hereinbefore provided," will not preclude the insurer from relying on the warranties conId. tained in the application, which is part of the contract, and the statements in which are made the basis of the policy. 4. A conveyance by the insured of all his 134 interest in property covered by a fire policy, except an estate for his life in a house, does not avoid the insurance on his interest in the house, under a clause in the policy making it void in case of a change in the situa833 tion or circumstances causing an increase of the risk. Clinton v. Norfolk Mut. F. Ins. Co. (Mass.) Personal Property in Other State, see Corporation as Person under Assign- NOTES AND BRIEFS. Insolvency; filing claims by nonresident; effect of; assignment in other state. 328 the house as will defeat the insurance on the grantor's life interest, under a clause in the policy making the insurance void "if the said property be sold," as a complete transfer of the entire interest of the insured is Id. necessary to defeat the insurance thereon. | ty will not forfeit the rights of the beneficiary, who has done all she can in compliance with the rules of the association. Murphy v. Independent Order of the S. & D. of J. of A. (Miss.) Forfeiture and suspension. 6. Failure to pay assessments will not sub. ject a member of a mutual benefit society to suspension without notice of the arrearage, where the by-laws require each member to be notified as to arrears. Murphy v. Independent Order of the S. & D. of J. of A. (Miss.) 111 7. The conversion of a life policy into a nonforfeitable paid-up policy for a fixed term, on a default in the payment of a premium, by virtue of the provisions of the contract, where the insured fails to demand, after the default, a reinstatement of the policy or a paid-up policy for a smaller sum, as he has an option to do, makes it unnecessary, in case of his death after the expiration of the stipulated term, for the insurer to give the notice required by N. Y. Laws 1877, chap. 321, § 1, as a basis for declaring a forfeiture or lapse of the policy for nonpayment of premium, since there is neither a forfeiture nor a lapse where the term expires for which the risk is taken, although substantially the same extension of the policy would have been given him without any provision therefor in the contract, by the New York net reserve statute (N. Y. Laws 1892, chap. 690, § 88), the operation of which would not have dispensed with the notice required for forfeiture. Johnson v. New York Life Ins. Co. (Iowa) 99 8. Failure of a subordinate lodge of a mutual benefit society to remit an assessment to the grand lodge will not forfeit the rights of a member, although the by-laws provide that the grand lodge shall not be held for neglect of duty of subordinate lodges. Murphy v. Independent Order of the S. & D. of J. of A. (Miss.) 111 9. Provisions in by-laws of a mutual benefit association, that any member three months in arrears shall be declared nonfinancial, and that any member failing to visit the lodge shall stand suspended until a prescribed fine is paid, unless he has a lawful excuse, do not make a member nonfinancial for failure to pay dues, until he is three months in arrears and he has been declared nonfinancial. Estoppel. Id. 111 12. The demand for the appraisal, when a policy requires appraisal, must be made in good faith, within a reasonable time after proof of loss has been furnished, and in such direct and explicit terms that a person of ordinary intelligence may fairly understand that a submission to appraisers for an ascertainment of the loss is requested; and, when it is claimed the demand was made in writing, the instrument, if ambiguous, will be construed most strongly against the insurGrand Rapids Fire Ins. Co. v. Finn er. (Ohio) 555 13. Notice to the insured to protect the property from further damage, and preserve all that remains of the property "until the loss thereon has been determined in the manner stipulated for in the policy," and that the insurer would not pay any amount claimed "before sixty days after the amount of loss or damage has been determined in the manner stipulated in said policy," does not constitute a demand for a submission to appraisers for an ascertainment of the amount of the loss. Id. Interest in proceeds. 14. Insurance on buildings burned after the making of a contract of sale belongs to the vendor, where the loss falls on him because the contract had not been executed by transfer of possession, and the validity of the title was still under investigation. Phinizy v. Guernsey (Ga.) 680 15. A woman named as a beneficiary in a policy of insurance on the life of her husband does not lose her right to the proceeds of the policy by reason of a divorce obtained by her before his death. Overhiser v. Mutual L. Ins. Co. (Ohio) 552 As to Subrogation, see supra, 1; infra, 17. Right of action. 16. The provisions of a policy of fire insurance that, in the event of disagreement as to the amount of the loss, it shall be ascertained by appraisers; that the loss shall not become payable until sixty days after 10. A medical examiner's certificate of have been given, "including an award by apnotice and satisfactory proof of the loss health will not preclude an insurer from set-praisers, when an appraisal has been reting up fraud in procuring the policy, under a statute providing that such certificate shall estop the insurer from setting up, in defense of a suit on the policy, that assured was not in health when the policy was issued "unless the same was procured by fraud," since fraud in procuring the certificate may result in fraudulently procuring the policy. Welch v. Union C. L. Ins. Co. (Iowa) 774 quired;" and that no action on the policy shall be sustainable "until a full compliance by the insured with all the foregoing requirements," do not make either an ascertainment of the loss by appraisers or a demand by the insured therefor a condition precedent to a right of action on the policy to recover the loss, and impose no obligation on the insured to furnish an award of apProofs of loss; appraisal and arbitra-praisers, except when an appraisal has been demanded by the insurer. Grand Rapids 555 Fire Ins. Co. v. Finn (Ohio) tion. 11. Wilful failure of the lodge officers to do their duty towards collecting a death claim of a member of a mutual benefit socie 17. An insured who destroys the insurer's right of subrogation to a claim against per |