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Banks and Banking For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER w318(1) (U.S.C.C.A.Pa.) Board of Com- 446. (U.S.C.C.A.N.Y.) On petition to revise, merce held to have general claim only for ex. court's inquiry is limited to matters of law.penses incidental to collection of freight over- In re H. Magen Co., 10 F.(20) 91. charges for bankrupt member.-In re George Walter & Sons, 10 F.(20) 463.
(B) Appeal. w320 (U.S.C.C.A.N.J.) Attorney's claim im- Om 465 (U.S.C.C.A.Mass.) Appeal dismissed properly including an uncertain sum not prova- on same matter coming before court on petition ble, must be liquidated before being proved to revise.-Briggs v. Hunt, Ellis & Co., 10 F. (Bankruptcy Act, 63 [Comp. St. § 9647]).- (20) 285. In re Townsend, 10 F.(20) 790.
em 467 (U.S.C.C.A.N.J.) Master's failure
to cm 340 (U.S.C.C.A.N.Y.) Proof of claim, sub- make findings held not reviewable on appeal mitted and sworn to, is prima facie proof, and from valid order setting aside order granting sufficient, in absence of contradicting evidence. discharge improperly obtained.--In re Cohen, 10 -In re Hannevig, 10 F.(2d) 941.
F.(20) 786. Evidence held to show that bankrupt had m467 (U.S.C.C.A.N.Y.) On appeal from orsubscribed for foreign bank stock, for which der dismissing reclamation claim in bankruptcy, claim was presented.-Id.
court reviews both findings of fact and conStock of foreign bank, alleged to have been clusions of law.-In re Gubelman, 10 F.(20) purchased by bankrupt, held to have actually 926. been allotted to him.-Id.
Cm 467 (U.S.C.C.A.N.D.) Trial is de novo 'on Bankrupt held not to have been released by appeal in bankruptcy proceedings.-Schieber v. foreign bank from obligation of subscription Hamre, 10 F.(20) 119. for stock therein.-Id.
Oww.468 (U.S.C.C.A.N.D.) Case will be disPrima facie case made by submitting proof posed of on appeal.--Schieber v. Hamre, 10 of claim held not rebutted by bankrupt.-Id. F.(20) 119. 347 (U.S.C.C.A.Mass.) Creditor, taking
VII. COSTS AND FEES. over assets before bankruptcy and without assignment, held entitled to preferred claim for Om 474 (U.S.D.C.Cal.) Costs of unsuccessful expenses incurred.-Petition of Andrew Dutton action by trustee to recover property proper Co., 10 F.(20) 502.
charge against bankrupt estate.-Lynch v. 354 (U.S.C.C.A.Okl.) Mortgagee's receiver Lentz, 10 F.(20) 561. held entitled to marshaling of liens on mining m474 (U.S.D.C.N.Y.) Liability for damages partner's interest and assets covered thereby. to alleged bankrupts on dismissal of petition --Sturm v. Ulrich, 10 F.(20) 9.
held enforceable only against creditor securing
appointment of receiver.-In re Elgot, 10 F.(20) V. RIGHTS, REMEDIES, AND DISCHARGE 396. OF BANKRUPT,
477 (U.S.D.C.N.Y.) Evidence held insuffi
cient to show that profitable business was con396(1) (U.S.C.C.A.Minn.) Bankruptcy ex
ducted by alleged bankrupts, so as to entitle emptions depend on and are same as those al
them to damages to good will and for loss of lowed by governing state statutes, as construed by highest state court.-Vought v. Kanne, 10 F. prespective profits.-In re Elgot, 10 F.(22) (20) 747.
Claims held prima facie items of damages to 396(5) (U.S.C.C.A.Minn.). Crops growing alleged bankrupts on dismissal of petition.-Id. on exempt homestead of bankrupt are not exempt, under Gen. St. Minn. 1923, $$ 8336, 8337, VIII. OFFENSES AGAINST BANKRUPT 9447.- Vought v. Kanne, 10 F.(20) 747.
LAWS. 398(3) (U.S.D.C.La.) Homestead rights of m485 (U.S.C.C.A.Wash.) Criminal concealbankrupt as against vendor's lien claim deter- ment of assets from trustee committed by conmined.-In re Levan, 10 F.(20) 240.
tinuing, after his appointment, concealment 405 (U.S.C.C.A.N.D.) Creditors held estop- commenced before bankruptcy.-Arine v. U. S., ped_to oppose discharge.-Scbieber v. Hamre, 10 F.(20) 778. 10 F.(20) 119.
Om 495 (U.S.C.C.A.Wash.) Prior concealment Creditors authorizing execution of deed of admissible on prosecution for concealment of trust in their names held bound thereby.-Id. property from trustee.-Arine v. U. S., 10 F. Ow409(V) (U.S.C.C.A.N.D.) Failure to keep (20) 778. account books and intent to conceal financial
Memorandum book kept by bankrupt held adcondition must concur, to warrant denial of dis- missible on prosecution for concealing assets charge on that ground.-Schieber v. Hamre, 10 from trustee.-Id. F.(20) 119.
Invoices found on bankrupt's premises held m413(V2) (U. S. C. C. A. N. D.) Attorney, to
admissible on prosecution for concealing assets
from trustee.-Id. vote on question of authorizing trustee to op
Evidence of defendant's refusal to give finanpose discharge, need not produce power of at
cial statement held admissible on prosecution torney from clients.-Schieber v. Hamre, 10
for concealing assets.-Id. F.(20) 119.
496 (U.S.C.C.A.Wash.) Evidence of cm 414(3) (U.S.C.C.A.N.D.) Evidence held to cealment of property from trustee held suffiwarrant denial of discharge for failure to keep cient to go to jury.- Arine v. U. S., 10 F.(20) account books.-Schieber v. Hamre, 10 F.(20) 778. 119.
BANKS AND BANKING. VI. APPEAL AND REVISION OF PRO
III. FUNCTIONS AND DEALINGS. CEEDINGS.
(C) Depouits. (A) Superintendence and Revision.
126 (U.S.C.C.A.N.Y.) Immediate credit of
check presupposes purchase, though entry will Om 440 (U.S.C.C.A.Tex.) Order approving offer not control form of paper showing delivery of compromise held appealable, and proceeding was for collection only.-In .re Gubelman, 10 for review not required to be taken within 30 F.(20) 935. days.-Hamilton-Brown Shoe Co. v. Ben L. 127 (U.S.C.C.A.N.Y.) In absence of conBerwald Shoe Co., 10 F.(20) 275.
trary agreements or notice, check or draft deOmw 446 (U.S.C.C.A.Mass.) Question of author- posited and accepted as cash is property of ity to enter order not considered on petition bank.-In re Gubelman, 10 F.(2d) 926. of one not adversely affected.-Briggs v. Hunt, Ellis & Co., 10 F.(20) 285.
(D) Collections. 446 (U.S.C.C.A.Minn.) Questions of fact Om 159 (U.S.C.C.A.N.Y.) Generally checks de: cannot be determined on petition to revise.- posited for collection remain property of deVought v. Kanne, 10 F.(20) 747.
positor.-In re Gubelman, 10 F.(20) 926.
171(8) (U.S.C.C.A.N.Y.) Bank's act in ac- note from liability.-Bohning v. Caldwell, 10 cepting check in payment of draft held ratified F.(20) 298. by plaintiff's acts after learning facts.-Royal C 140 (U.S.C.C.A.Tex.) Execution of renewBank of Canada v. Universal Export Corpora al note by makers of valid original note not tion, 10 F.(20) 669.
novation or change of original debt.-Bohning Em 175(5) (U.S.C.C.A.N.Y.) Directed verdict v, Caldwell, 10 F.(20) 298. against bank for more than nominal damages,
V. RIGHTS AND LIABILITIES ON IN. for having accepted check rather than coin in
DORSEMENT OR TRANSFER. payment of draft, held erroneous.-Royal Bank of Canada v. Universal Export Corporation,
(D) Bona Fide Purchasers. 10 F.(20) 669.
351 (U.S.C.C.A.Tenn.) Bank, surrendering Directed verdict against bank for more than overdue trade acceptance and reacquiring it as nominal damages for alleged unauthorized sur
collateral security, takes subject to defenses.render of draft on receipt of check held errone- Merchants' Bank & Trust Co. v. C. L Thurman ous.-Id.
Motor Co., 10 F.(20) 141. (F) Exchange, Money, Securities, and In
m383 (U.S.C.C.A.Tenn.) Acceptance held not
subject to defense of payment against holder in vestments.
due course.-Merchants' Bank & Trust Co. V. Om 188/2 (App.D.C.) Bank undertaking to C. L. Thurman Motor Co., 10 F.(20) 141. forward credit held liable for its correspondent's failure to obey instructions.-Shrewsbury
VIII. ACTIONS. v. Dupont Nat. Bank, 10 F.(20) 632.
Cam 489 (6) (U.S.C.C.A.Ark.) Failure of conEvidence held to conclusively show that same
sideration must be properly alleged and proven. results would not have obtained if bank had
-Shaw v. Citizens' Bank of Haynesville, La., followed directions in transmitting credit.-Id. 10 F.(20) 315.
Plaintiff, suing for damages from failure of 511 (U.S.C.C.A.Okl.) Exclusion of evidence bank to follow directions in transmitting per
in suit to recover on certificate of deposit held sonal credit, held not negligent.-Id.
not error,-First Nat. Bank v. Litteer, 10 F. Bank, receiving cablegram and money to be (28) 447. forwarded to sender of cablegram, held to have 525 (U.S.C.C.A.Tenn.) Evidence entered into contractual relation with him.- show that bank, purchasing trade acceptance,
held to Id. Right to recover for bank's failure to follow acquired it as collateral security.-Merchants'
surrendered possession after maturity and redirections in forwarding personal credit held
Bank & Trust Co. v. C. L. Thurman Motor Co. not affected by matters stated.-Id.
10 F.(20) 141. Om 191 (U.S.C.C.A.N.Y.) Letter of credit not irrevocable for one-year period merely because
BROKERS. postscript thereto prescribed its duration to be See Factors. one year.–Federal Coal Co. v. Royal Bank of Canada, 10 F.(2d) 679.
CANCELLATION OF INSTRUMENTS. Bank's obligation under letter of credit held
I. RIGHT OF ACTION AND DEFENSES. revocable, where it provided credit was to be on same conditions as another letter which was Om8 (U.S.D.C.Mo.) Equity will retain jurisrevocable.--Id.
diction in suit to cancel policy, if necessary to
prevent irreparable injury.-Lincoln Nat. Life IV. NATIONAL BANKS.
Ins. Co. v. Peake, 10 F.(2d) 366. C270 (2). (U.S.C.C.A.Vt.) If national bank ClO (U.S.D.C.Mo.) Remedy at law must be agreed to borrow money to make loan, borrow- freely available to defeat suit for cancellation of er to pay such interest rate as bank paid, insurance policy:-Lincoln Nat. Life Ins. Co. v. transaction was not within usury laws.-Na- Peake, 10 F.(20) 366. tional Bank of Newport y. Rand, 10 F.(20) Doubt as to adequacy of legal remedy war688.
rants equity in retaining jurisdiction of suit em 270(11) (U.S.C.C.A.Vt.) Whether national to cancel insurance policy.-Id. bank was borrower's agent in borrowing money Il (U.S.D.C.Mo.) Plaintiff in suit to cancel in another state at higher interest than per- policy should be relegated to law action, if mitted in state where bank was located held remedies equally available.---Lincoln Nat. Life for jury: -National Bank of Newport v. Rand, Ins. Co. v. Peake, 10 F.(20) 366. 10 F.(20) 688.
Cm13 (U.S.D.C.Mo.) Incontestable clause and C287(1) (U.S.C.C.A.Tex.) Evidence held to assignment of policy held special circumstances, establish rạtification of lease executed between warranting equitable cognizance of suit to cancorporations baving interlocking directorates.- cel policy.-Lincoln Nat. Life Ins. Co. v. Peake, Caldwell v. Dean, 10 F.(20) 299.
10 F.(20) 366. BENEFICIAL ASSOCIATIONS.
II. PROCEEDINGS AND RELIEF. Or 22 (App.D.C.) Manner of distribution of Cm 43 (App.D.C.) In suit to set aside deed ev. property of dissolved local lodge determined.- idence of forgery held admissible, though for: Hill v. Boland, 10 F.(20) 623.
gery not charged.-Clarke v. Franklin, 10 F.
I. CONTROL AND REGULATION OF
COMMON CARRIERS. (E) Consideration. 92(5) (U.S.C.C.A.Tex.) Note executed by
(A) In General. directors and stockholders of bank for loan to Om 12(1) (U.S.D.C.III.) Illinois Commerce bank supported by consideration.--Bohning v. Commission has no power to fix rates for car. Caldwell, 10 F.(2d) 298.
riage on railroads in contravention of two-cent Jaw98 (U.S.C.C.A.Tex.) Makers of note estop- fare law, but may fix rates for street railways ped to deny consideration.-Bohning y. Cald- or other public utilities.--East St. Louis & S. well, 10 F.(20) 98.
Ry. Co. v. Brundage, 10 F.(20) 830.
C 12 (4) (U.S.D.C.III.) Electric railroad in. III. MODIFICATION, RENEWAL, AND
corporated under Railroad Act bound by twoRESCISSION.
cent fare law.-East St. Louis & S. Ry. Co. v. em 138 (U.S.C.C.A.Tex.) Fact one of parties Brundage, 10 F.(20) 830. to original note failed to join in execution of Electric railroad incorporated under Railroad renewal note did not release parties to renewal Act retains such character.-Id.
Civil Rights For cases In Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER Om 18(6) (U.S.D.C.III.) Petition to modify Degree of care required of carrier stated.-Id. decree enjoining enforcement of two-cent fare 288 (U.S.C.C.A.N.Y.) Carrier may be relaw, presenting no question of changed condi- quired to maintain flagman and gates at crosstions, will be denied.-East St. Louis & S. Ry. ing of much-traveled highway.-Lehigh Valley Co. v. Brundage, 10 F.(20) 830.
R. Co. v. Ciechowski, 10 F.(20) 82.
Om 301 (U.S.C.C.A.N.Y.) Timely crossing sig(B) Interstate and International Trans
nal by engineer held necessary.-Lehigh Valley portation.
R. Co. v. Ciechowski, 10 F.(20) 82.
passurcharge tariff schedule published for their senger from derailment of train raises presumpbenefit by Pullman Company may be inferred tion of negligence.-Lehigh Valley R. Co. v. from circumstances if necessary to afford legal Ciechowski, 10 F.(20) 82. basis for collection (Interstate Commerce Act Doctrine of res ipsa loquitur applies, where (Comp. St. 8 8563 et seq.), as amended by passenger is injured by derailment of train.-Id. Transportation Act (Comp. St. Ann. Supp. Ow320 (22) (U.S.C.C.A.N.Y.) Whether engi1923, § 8563 et seq.]).-Waters v. Pullman Co., neer used brakes timely, and automobile became 10 F.(2d) 622.
entangled in locomotive, causing derailment, E36 (U.S.D.C.Or.) Counsel fees may be re- held for jury.-Lehigh Valley R. Co. y. Ciechowcovered for taking of unlawful rate or charge ski, 10 F.(20) 82. on lawful shipment of freight.-Lothrop v. Whether carrier should have protected crossSpokane, P. & S. Ry. Co., 10 F.(20) 225. ing by gates and flagman held for jury.-Id. II. CARRIAGE OF GOODS.
CHANCERY. (H) Limitation of Liability. m159(3) (App.D.C.) Carrier's failure to no
See Equity. tify consignor of nondelivery not waiver of pro
CHARITIES. vision relating to time for filing claim.-Ameri- 1. CREATION, EXISTENCE, AND VALIDITY. can Ry. Express Co. v. The Fashion Shop, 10 F.(20) 909.
Om2 (U.S.D.C.Iowa) Whether donation is
public charity depends on law of state where (1) Connecting Carriers.
created and administered.-Schell V. Leander Om 174 (U.S.C.C.A.N.Y.) First and each suc
Clark College, 10 F.(20) 542. ceeding carrier must make delivery to next carrier to relieve itself from further obligation,
II. CONSTRUCTION, ADMINISTRATION,
AND ENFORCEMENT. -Mallory S. S. Co. v. Garfield, 10 F.(2d) 664.
On37 (U.S.D.C.Iowa) College endowment (J) Charges and Liens.
fund held public charity to which cy pres docww189 (U.S.D.C.Or.) Burden is with carriers trine may be applied. - Schell v. Leander Clark to make and promulgate their rates and charges. College, 10 F.(22) 542. -Lothrop v. Spokane, P. & S. Ry. Co., 10 Sum 43 (U.S.D.C.Iowa) Where object of public F.(20) 225.
charity fails, equity courts act at instance of Rate fixed by traffic bureaus and organizations state or national government as parens paare construed liberally in favor of shipper in triæ. -Schell v. Leander Clark College, 10 F. case of ambiguity.-Id.
(2d) 542. Amendatory matter of rate-fixing bureaus
49 (U.S.D.C.Iowa) Jurisdiction to apply cy abrogated that which preceded if in derogation
pres doctrine properly invoked by state.-Schell thereof.-Id.
v. Leander Clark College, 10 F.(20) 542. Shipper is entitled to most favorable con
State, not church, under auspices of which struction of amendment of tariff.-Id.
college was founded, may, through agency of "Rate" means proportional estimation accord
court of equity, propose scheme for adminising to some standard.-Id.
tration of endowment fund, under cy pres rule. "Prescribed rate" defined.-Id.
-Id. Tariff fixing rates must be strictly construed
Instrumentality or member of church, under in accordance with printed language.--Id.
auspices of which college was founded, may súe In determining rate chargeable, all parts of
to prevent unlawful disposition of endowment tariff filed should be considered.-Id.
fund.-Id. Section of tariff applicable to goods shipped through to Hawaiian Islands, but having al
CHATTEL MORTGAGES. ternative operation with other sections, held to
III. CONSTRUCTION AND OPERATION. apply.-Id.
(D) Lien and Priority. III. CARRIAGE OF LIVE STOCK. Om 150(1), (U.S.D.C.Iowa) Filing of chattel Em 218(10). (U.S.C.C.A.Colo.) Filing of writ- mortgage held not notice to commission merten claim within 4 months after time for deliv
chants to whom mortgaged cattle were conery elapsed held condition precedent to recov
signed by mortgagor for sale.-Drovers' Cattle ering for misdelivery.-Manby v. Union Pac. R.
Loan & Investment Co. v. Rice, 10 F.(20) 510. Co., 10 F.(20) 327.
IV. RIGHTS AND LIABILITIES OF Shipper's letters held insufficient written
PARTIES. claim for misdelivery of shipment within bill of lading requirement.-Id.
Om 177 (5) (U.S.D.C.Iowa) Acceptance of subShipper's oral conversation with carrier's stituted security after learning of unauthorized live stock agent held insufficient notice of claim shipment of mortgaged cattle to commission for misdelivery:-Id.
merchants sued for conversion held established.. Cw228 (5) (U.S.C.C.A.Colo.) Evidence held
-Drovers' Cattle Loan & Investment Co. y. not to justify submission to jury of issue of rail- Rice, 10 F.(20) 510. road's negligence or misdelivery.-Manby V. Union Pac, R. Co., 10 F.(2d) 327.
See Municipal Corporations. IV. CARRIAGE OF PASSENGERS. (D) Personal Injuries.
CITIZENS. em 280 (1) (U.S.C.C.A.N.Y.) Greater care than
See Aliens. in complying with requirements of Public Service Commission may be required of carrier.-Le
CIVIL RIGHTS. high Valley R. Co. v. Ciechowski, 10 F.(20) 82. See Constitutional Law, om 82
Tug signaling for port to port passage, when See Constitutional Law, om 212–249.
meeting steamer coming around bend, and
stopping her engine immediately on discovering CLERKS OF COURTS.
steamer was not governing herself accordingly,
cannot be held liable for failure to stop enOm 54 (U.S.C.C.A.N.Y.) Clerk held not entitled gines in time.-Id. to fee on redelivery of United States treasury em 105 (U.S.C.C.A.N.Y.) Evidence held to certificates deposited with him; “money."--Haz- show that tug's attempt in harbor to pass in eltine Research Corporation v. Freed-Eisemann front of trawler approaching from tug's starRadio Corporation, 10 F.(20) 148.
board cause of collision.-The Baker Clerk held entitled to fee on redelivery of cer- Brothers, 10 F.(20) 791. tificates of deposit payable to and deposited with him; "money.”—Id.
XII. SUITS FOR DAMAGES.
(C) Evidence. COLLISION.
123 (U.S.D.C.N.Y.) Libelant, to recover VII. VESSELS AT REST, AT ANCHOR, OR damages from collision, must show fault of AT PIERS.
claimant of libeled craft.-The Beeko, 10 F.(20) Om 69 (U.S.D.C.La.) Navigation and anchor- 884. ing in navigable water of river, without refer
COMMERCE. ence to range lights or markers, not unlawful, nor negligence per se. - The Le Coq, 10 F.(20) See Automobiles. 246.
I. POWER TO REGULATE IN GENERAL. Ons 69 (U.S.D.C.N.Y.) Last vessel coming to anchor must allow ample berth space to vessel
10 (U.S.D.C.Cal.) Municipality may impose already anchored.-William Lyall Shipbuilding reasonable police regulations on maritime craft, Co. v. U. S., 10 F.(20) 620.
if federal government has not taken possession Om77 (1) (U.S.D.C.La.) Collision between of field.—United Dredging Co. v. City of Los moored barge and moving steamship held due Angeles, 10 F.(20) 239. to negligence of both barge owner and steam- Federal statute held to exclude local regulaship pilot.--The Le Coq, 10 F.(2d) 246.
tions of seagoing dredger barges.--Id. Om71 (3) (U.S.D.C.N.Y.) Fault of last vessel coming to anchor in not giving safe berth to
II. SUBJECTS OF REGULATION. vessel anchored held established, and to account om 22 (U.S.D.C.Cal.) Steam dredging barge for collision.-William Lyall Shipbuilding Co. v. held engaged in maritime work and employees U. S., 10 F.(20) 620.
thereon not subject to local license require73 (U.S.D.C.N.Y.) In collision between an- ments.-United Dredging Co. v. City of Los Anchored vessels, presumption in favor of ves- geles, 10 F.(20) 239. sel first anchored.--William Lyall Shipbuilding On 27(8) (U.S.C.C.A.Ohio) Employé at time Co. v. U. S., 10 F.(20) 620.
of making repairs on car held not "engaged in
interstate coinmerce."-Davis v. Baltimore & 0. VIII. LIGHTS, SIGNALS, AND LOOKOUTS.
R. Co., 10 F.(20) 140. 77 (U.S.D.C.N.Y.) Owner held not negli. gent in leaving vessel without watchman.-The
See Bills and Notes.
COMMISSIONERS. Cm89 (U.S.D.C.La.) That range markers in- See Public Service Commissions. dciate two channels in navigable part of river does not change character as fairway with re- COMPROMISE AND SETTLEMENT. spect to right of navigation.-The Le Coq, 10 F.(20) 246.
See Accord and Satisfaction. Gw94 (U.S.C.C.A.N.Y.) Failure of steamer to Om6(4) (U.S.C.C.A.Ky.) Relinquishment of slow before passing motorboat held gross negli- claim known to be utterly without foundation gence.-The Robert Fulton, 10 F.(20) 424. will not support compromise agreement.--Ruark
Steamer passing motorboat bound to keep out v. Fordson Coal Co., 10 F.(20) 70.
CONSPIRACY. placed in pocket because of steamer's failure
II. CRIMINAL RESPONSIBILITY. to act according to passage agreed on.-The
(A) Offenses. Putnam, 10 F.(2d) 677. Em95(1) (U.S.C.C.A.N.Y.) Master of vessel On 23 (App.D.C.) Possible acquittal of codein tow, whether or not in control, held to have
fendants not yet tried, or retried after jury right and duty of co-operating with tug, and
disagreement, does not warrant reversal of using engines, if necessary.-The St. Charles,
conviction for conspiracy.--De Camp v. U. S., 10 F.(20) 924.
10 F.(20) 984. 95(3) (U.S.C.C.A.N.Y.) Steamer in tow, Can 24 (App.D.C.) A single defendant cannot with steam up, and tug, held jointly responsi- be guilty of conspiracy.-De Camp v. U. S., 10 ble for collision of steamer with ferryboat, F.(20) 984. when hawser parted.—The St. Charles, 10 F.
m28 (U.S.D.C.N.Y.) Conspiracy to aid con. (20) 924.
vict to escape from hospital held “conspiracy" Om98 (U.S.C.C.A.N.Y.) Steamer, failing to to aid escape within statute.--U. S. ex rel. Sigovern herself in accordance with port to port verstein v. Hecht, 10 F.(20) 370. passage agreed on, is liable for damages (article 41 (U.S.C.C.A.Cal.) One physically without 18, rule 1 (Comp. St. $ 7857]).--The Putnam, jurisdiction may be party to crime committed 10 F.(20) 677.
therein.- Ford v. U. Š., 10 F.(20) 339. Signal given for port to port passage, when ww 41 (U.S.C.C.A.III.) Accused, participating vessels came in sight of each other, answered in conspiracy to rob mail train, though not presby other vessel, is controlling, notwithstanding ent at robbery, could be convicted of robbery different signal was blown while vessel was with deadly weapons.-Murray v. U. S., 10 F. around bend, and only smoke was visible.-Id. (20) 409.
tor cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
(B) Prosecution and Punishment. of unincorporated associations held not invalid, m 43(6) (U.S.C.C.A.Cal.) Offense need not be
as violative of right to equal protection of law stated with particularity required in indictment
(General Associations Law [Consol. Laws N. charging offense itself.-Ford v. U. S., 10 F.(20)
Y. c. 29) § 13).-Bobe v. Lloyds, 10 F.(20) 730. 339.
XI. DUE PROCESS OF LAW. m43(12) (U.S.C.C.A.Cal.) Conviction warranted if evidence proves conspiracy to violate Emos 278 (1) (App.D.C.) Zoning Act held not deone statute named. -Ford v. Ú. S., 10 F.(20) privation of private property, in violation of 339.
Constitution Zoning Act March 1, 1920 (41 ww45 (U.S.C.C.A.Cal.) Testimony about liq- Stat. 500);. Const. Amend. 5).-Larrabee v. uor secured from vessel and delivered to de Bell, 10 F.(20) 986; Varela v. Bell, 10 F.(20) fendant held admissible.-Ford v. U. s., 10 989. F.(20) 339.
em 280 (U.S.C.C.A.Ohio) That private inter45 (U.S.C.C.A.Miss.) Circumstantial evi- ests benefited or defray expenses of relocating dence is admissible to prove conspiracy.-Shook highway held not to affect validity of proceeding v. U. S., 10 F.(20) 151.
(Const. Ohio, art. 1, § 19; Const. U. S. 647 (U.S.C.C.A.Cal.) Evidence held sufficient Amends. 5, 14). - Weaver v. Pennsylvania-Ohio to show existence of conspiracy to import and Power & Light Co., 10 F.(20) 759. possess liquor.–Ford v. U. S., 10 F.(20) 339. m298 (7) (U.S.D.C.N.Y.) Maximum rates fix
Evidence held sufficient to sustain conviction. ed for gas, and forbidding of service charge, held -Id.
confiscatory.-New York & Richmond Gas Co. 47 (U.S.C.C.A.Tex.) Evidence held to sup
v. Prendergast, 10 F.(20) 167. port conviction of conspiracy to transport mo
318 (U. S. C. C. A. Iowa) In administrative tor vehicles with knowledge that they had been proceedings, there must be such procedure as to stolen.-Chapman v. U. S., 10 F.(20) 124.
accord substantial justice and afford parties fair
trial.--Smith v. Hays, 10 F.(20) 145. CONSTITUTIONAL LAW.
318 (U.S.D.C.Md.) Proceeding by Custodi
an to seize enemy held not to deny due process See Statutes, m 17-11012.
of law.--Hicks v. Baltimore & O. R. Co., 10 F. For validity of statutes relating to particular (20) 606. subjects, see also the various specific topics.
CONTINUANCE. 1. ESTABLISHMENT AND AMENDMENT OF CONSTITUTIONS,
See Criminal Law, w 605. m8 (U.S.D.C.La.) Constitutional provision held invalid, as beyond powers of convention.
CONTRACTS. Huff v. Selber, 10 F.(20) 236.
See Bills and Notes; Compromise and SettleII. CONSTRUCTION, OPERATION, AND
ment; Indemnity; Release; Sales; StipulaENFORCEMENT OF CONSTITU
tions; Vendor and Purchaser. TIONAL PROVISIONS.
I. REQUISITES AND VALIDITY. 46(2) (U.S.D.C.La.) Court entitled to notice issue, though not raised by formal plea of
(A) Nature and Essentials in General. plaintiff.-Huff v. Selber, 10 F.(20) 236. Camt (U.S.C.C.A.Kan.) "Contracts implied in
law" defined.-Landon v. Kansas City Gas Co., III. DISTRIBUTION OF GOVERNMENTAL
10 F.(20) 203. POWERS AND FUNCTIONS.
Om4 (U.S.D.C.N.Y.) Law implies contracts, (A) Legislative Powers and Delegation without party bound assenting thereto.-SultzThereof.
bach Clothing Co. v. U. S., 10 F.(20) 363. 60. (U.S.C.C.A.N.Y.) Congress cannot delegate legislative power.--Sawyer v. U. S., 10 F.
(D) Consideration. (20) 416.
em86 (U.S.C.C.A.Ark.) Omissions of contrac62 (U.S.C.C.A.N.Y.) Authority to make tor held not total failure of consideration.administrative rules is not delegation of legis- Shaw v. Citizens' Bank of Haynesville, La., lative power.-Sawyer v. U. S., 10 F.(20) 416. 10 F.(20) 315. (B) Judicial Powers and Functions.
(F) Legality of Object and of Consider70(1) (U.S.D.C.La.) Courts have no
ation. thority to read specific condition out of statute, mw 127(2) (U. S. D. C. La.) Arbitration or implied one into it.-The Steel Trader, 10 tracts, making award in future disputes concluF.(2d) 248.
sive, held void, especially in case of seamen's 70(1) (U.S.D.C.Mo.) Federal court consid
wage contracts.-The Howick Hall, 10 F.(20) ers only question of confiscation, and not rate- 162. making.–Springfield Gas & Electric Co. v. Public Service Commission of Missouri, 10 F.(20) JI. CONSTRUCTION AND OPERATION. 252.
(A) General Rules of Construction. 70(1) (U.S.D.C.Tex.) Court
do more than construe statute and give effect to
Om 154 (U.S.C.C.A. Neb.) Rational and probaits plain provisions, though it may work hard
ble meaning of contract preferred to unfair, unship.-In re McLaughlin, 10 F.(20) 810.
reasonable, and improbable meaning.-W. J.
Foye Lumber Co. v. Pennsylvania R. Co., 10 V. PERSONAL, CIVIL AND POLITICAL F.(20) 437. RIGHTS.
cm 156 (U.S.C.C.A.N.Y.) General terms limit. Cm82 (U.S.D.C.Conn.) Commutation of feder- ed by special designations.-Hunyadi Janos Cor. al prisoner's sentence, to enable sentence im- poration v. Stoeger, 10 F.(20) 26. posed by state court to be carried out, held not
163 (U.S.C.C.A.Mass.) Written insertions violative of prisoner's constitutional rights.- in printed contract prevail over inconsistent Chapman v. Scott, 10 F.(20) 156.
printed provisions.-C. C. Mengel & Bro. Co. v.
Handy Chocolate Co., 10 F.(20) 293. X. EQUAL PROTECTION OF LAWS. em212 (U.S.D.C.La.) Fire escape regulations
V. PERFORMANCE OR BREACH. held not discriminatory as to boarding houses.- e313(1) (U.S.C.C.A.Ind.) Breach, not perHuff v. Selber, 10 F.(20) 236.
sisted in, accepted, or relied on, inconsequential. Cm 249 (U.S.C.C.A.N.Y.) State statute
-Hanging Rock Iron Co. v. P. H. & F. M. Roots thorizing service of process on certain officers Co., 10 F.(20)154.