493

36

CARRIER OF PASSENGERS- Continued. PAGE.
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.)..... 313
11.-Railroad conductor may eject passenger who has

lost and cannot present ticket. Jerome v. Smith
(Sup., Vt.) (N. C.)....

319
12.- Passenger. One riding on train is before he has

paid fare. Creed v. Penna. R. R. Co. (Sup., Pa.) (in
full)..

364
13.-Railroad ticket entit: to passage but in one direc-

tion. Keeley v. B. & M. R. R. Co. (Sup., Me.) (in
full).

366
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.).....

390
15.-Railroad company bound to keep approaches to sta-

tions safe: icy platform. Weston v. N. Y. E. R.
R. Co. (Ct. App., N. Y.)

415
CHAMPERTY.-Contract to pay attorney out of

proceeds of property recovered when sold not cham-

pertous. McPherson v. Cox (U. S. Sup.)...... 373
CHATTEL MORTGAGE.-Lease assigned as se-

curity need not be filed as. Booth v. Kehve (Ct. App.,

N. Y)
2.--Contemporaneous agreement treated as one contract

CONFLICT OF LAW-Continued.

PAGE.
3.--Real estate; lex rei site governs transfer and mort-

gage of. Brine v. H. F. Ins. Co. (U. S. Sup.) 154
4.-- Place of Contract. Promissory notes negotiated

through broker and sold to party in another State.
In re Dodge (U. S. Dist.)

489
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.)....

73
2.-CIVIL RIGHTS. Fourteenth amendment directed only

against general State legislation. Petition of Wells
(U. S. Circ.) (in full.).

111
3.-COMMERCE. State law regulating commerce between

States; statute regulating rights of passengers in con-
veyances coming fronı out of State invalid. Hall v.
De Cuir (U. S. Sup.) (in full.).

109
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)

168
5.- CONSTRUCTION. A provision that acts "shall not

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

34
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.)....

334
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.,

V. Y.)...
8.-DISCRIMINATION. Statute unconstitutional as to

334

493

398

CONSTITUTIONAL LAW - Continued. PAGE.

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

83
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 claiing, and a law for that pur-
pose is not retroactive. Jefferson City Gas L. Co.
v. Clark (U. S. Sup.).

56
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.).

250
37.-PARTY. Person not injured by statute cannot raise

constitutionality of. Town of Pierpont v. Loveless
(Ct. App., N. Y.)

191
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. 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.)...

131
44.--STATUTE OF LIMITATION. A State Legislature may

shorton the statute of limitation as to pre-exist-
ing debts, a reasonable time being left. Terry v.
Anderson (Sup. Ct., U. S.) (in full).

14
45. TAXATION. A municipality cannot tax its own

bonds. Murray v. Charleston (U.S. Sup.) (in 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)...

306
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.) ..... 387
CONSTRUCTION OF STATUTE.--Retrospec-

tive construction of statute of limitation not
allowable. People v. Lord (N. Y. Sup.)....

183
CONTEMPT-Party who flees jurisdiction of court

will not be permitted to prosecute or defend action
until he returns. Hovey y. McDonald (Sup. Ct., D.

C.) (N. C.)....
2.-By attorney; what does not constitute. People v.
Randall (Ct. App., N. Y.)....

414
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 (U. S. Sup.)...

90
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.)..

108
4.--Contract for storage. Hazleton v. Weld (Ct. App., N.
Y.).......

292
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.).....

474
7.--EXPRESS CONTRACT is not to be varied by implied.
Hawkins v. United States (U.S. Sup.)....

34
8.--GOVERNMENT. The provisions of acts authorizing

contract with government must be followed to make
contract valid. Hawkins v. United States (U. S.
Sup.)....

34
9.- Statute requiring government contracts to be in

writing mandatory. Clark v. United States (U. S.
Sup.).....

14
10.- ILLEGAL CONTRACT. Moneys paid by stockholder

upon an illegal issue of corporate stock afterward
abandoned, recoverable back. Ib.

10
11.-By child with parent that he will release to other

children all claim to parent's estate valid, and not
within statute of frauds or contrary to that of wills.
Galbraith v. McLain (Sup., Ill.)...

93

CONTRACT - Continued.

PAGE.
holder to sell corporate charter is. In re Meeker (U.
8. Circ.) (C. T.)...

277
13.--Note given for diseased sheep, sold in violation of

statutes, when valid, when not. Caldwell v. Budall
(Sup., Iowa)....

434
14.--Money deposited with third
back. Davis v. 2. & him. Pasty upon, recoverable

Co. (Eng. C. D.) (N.

478
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.)

246
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.)....

453
20.- Purchase of goods; vendor cannot enforce against

assignee of vendee. Clark v. Dickinson (Ct. App., N.
Y.)...

511
See Bankruptcy, 37-40; Constitutional Law, 15-27;

Negal Contract.
CORPORATION.-AGENCY. Brokers issuing deben-

tures of company agents for it and company bound
by their fraudulent representations as to it.

Wier v.
Barnett (Eng. Ex. D.).
2.-CHARTER; formed under general act ; repeal of act

does not repeal charter. Freehold M. L. Assoc. v.

Brown (Ch., N. J.).....
3.-DIRECTORS' contracts with ; a loan made by the di-

rectors of a company to the company held not void.
Omaha Hotel Co, v. Wade (U. S. Sup.)

161
4.-Fraud by; stockholders may ask for relief against.
Bayless v. L. M., etc., R. R. Co. (U. S. Circ.).

274
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.).

172
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.)....

272
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)
10.- Liability under New York statute ; a contract and

not in nature of a penalty. Flash v. Conn (Sup.,
Fla.)..

274
11.-Liability of; construction of New Jersey statute

relating to. Griffith v. Mangan (Ct. App., N. Y.)... 333
12.-One holding stock as collateral security liable as.

Pullman v. Upton (U. S. Sup.) (N. C.) 358 ; (Abstract)
363 ; (in full)..

495
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

2

TI

PAGE.
EIGHT HOURLAW.-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.)...

36
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.)....

171
3.-Additional compensation to land owner for tele-

graph on railroad not required. W. U. Tel. Co. v.
Rich (Sup., Kan.)....

192
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.)........ 374
ESTOPPEL.- Grantee in fee of tenant for life may

dispute title of remainderman. Christie v. Gage
(Ct. App., N. Y.)...

35
2.-Railroad aid bonds ; invalidity of, cannot be raised

by commissioners issuing. First Nat. Bank v.
Wheeler (Ct. App., N. Y.)...

154
3.-New reason for act done cannot be assigned after

suit brought. 0. & M. R. R. Co. v. McCarthy (U. S.
Sup.).....

194
4.-Statements by maker of dishonored promissory note

to intending purchaser, constitute. "Reedy v. Brun-
ner (Sup., Ga.)..

334
5.--Corporate director who has sold stock and no longer

acts, not estopped by action of corporation. Sturgis
v. Vanderbilt (Ct. App., N. Y.).....

352
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)...... 363
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)...

308
8.-What does not amount to. Lattimer v. Livermore
(Ct. App., N. Y.)..

374
9.-When prinicipal bound by acts of agent; ratification.
Ahern v. Goodspeed (Ct. App., N. Y.)....

414
10.-An equivocal promise will be construed against the

one inäking it; parting with property on the prom-
ise, sufficient consideration. White v. Hoyt (Ct.
App., N. Y.)..

474
11.-On part of life insurance company; circumstances

raising. Meyer v. Knickerbocker Life Ins. Co. (Ct.

App., N. .)....
12.-Giving undertaking for re-delivery in replevin estops

denying possession. Diossy v. Morgan (Ct. App.,
N. Y.)....

491
13.-Silence alone is not what is essential to. Mecouch
v. Loughery (Phila. C. P.).

512
See Constitutional Law, 11; Fire Insurance, 6, 14; Life

Insurance, 2, 9.
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).

329
EXPERT TESTIMONY.-Physician testifying as

expert entitled only to ordinary witness fees. Ex
parte Dement (Sup., Ala.) (N. C.)

43
2.--Who is not expert. Nelson v. Sun Ins. Co. (Ct. App.,
N. Y.)...

109
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)...

325
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)..

407
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.)....

34
2.-0f 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

EVIDENCE- Continued.

PAGE.
that action. Wottrick v. Friednian (Ct. App., N.
Y.).....

57
7.-A witness may testify that he has an impression

to that effect." Carrington v. Ward (Ct. App., N. Y.) 74
8.-Of expert ; what questions proper. Carpenter v.
East. Tr. Co. (Ct. App., N. Y.)....

174
9.--Parol as to written contract; meaning of words may

be explained by expert. Wilson v. Sun Ins. Co.
(Ct. App., N. Y.).

109
10.-0f marriage; hearsay not sufficient. Chamberlain
V. McKibben (Ct. App., N. Y.).,

133
11.-Burden of proof; the presumption in revenue

cases from failure to make proper entries thrown
on defendant. Lileanthal y. United States (U.S.
Sup.)....

153
12.-Fire Insurance. Quantum of proof to support

defense of willful burning not same as required to
convict of arson. Kane v. Hibernia Ins. Co. (Ct. Er.,

N. J.) 171; (S. C. 179; (in full)
13.-Violation of city ordinance is in question of negli-

gence. City of Rochester v. Montgomery (Ct. App.,
N. Y.)..

214
14.- Title. Invalid contract fully performed admis-

sible to show agency. Dunn v. Hornbeck (Ct. App.,
N. Y.)....

214
15.-Entries in books of employer not admissible against

employee not making them. Van Sachs v. Kretz
(Ct. App., N. Y.)

253
16.--Correspondence between solicitors as to action

privileged from inspection. Bullock v. Corrie (Eng.
Q. B. D.)...

271
17.-- Privilege ; inquiry as to arrests of witness privil-
eged. People v. Brown (Ct. App., N. Y.)....

272
18.- Agent's admissions after transaction not admis-

sible against principal. Furst v. Second A. R. R.
Co. (Ct. App., N. Y.)....

272
19.-Testifying to best of belief and not positively,

proper ; questioning accused as to motive allowable.
Blake v. People (Ct. App., N. Y.).

292
20.-Contradicting other witness, what competent. Spar-

rowhawk v. Sparrowhawk (Ct. App., N. Y.)..
21.-Contradicting witness, party may, his own. Mo-
Culloch v. Hoffman (Ct. App., NY)...

353
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.)...

374
24. -Burden of proof, negative allegation involving

criminal neglect of duty or fraud, etc., must be
proved. Arthur v. Unkhart (C.S. Sup.).....

392
25.-Written Contract. Parol evidence to explain

meaning of terms admissible. Lawrence y, Galla-
gher (Ct. App., N. Y.)....

415
26. -- Parol, when admissible to explain writing. Whites

Banks v. Myles (Ct. App., N. Y.)....
27.-Slander. On charge of want of chastity specific

immoral acts may not be shown by defense, but gen-
eral reputation may. Duval v. Davey (Sup. Com.,
Ohio)....

489
28.-Declarations of vendor after sale not admissible

against vendee. Burnham v. Brennan (Ct. App.,
N. Y.)....

511
29.-Expert, not allowable in question of negligence,

within general experience. Shafter v. Evans (Sup.,
Cal.).

512
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 y. Neff
(U. S. Sup.)........

162
FIRE INSURANCE.-Conditions in policy as to

ownership; landlord of leased property is sole and
unconditional owner within meaning of policy, not-
withstanding lease. Lycoming Fire Ins. Co. v.
Haven (Sup. Ct., U.S.)..

15
2.-Sale under foreclosure of mortgage, there being no

change in possession, does not avoid policy under
condition against change of title. Ley y. Home Ins.
Co., Columbus (Sup., Minn.)..

43
3.-Condition in policy; use of kerosene refers to a single

use. Matson v. Farm Build. F. Ins, Co. (Ct. App., N.
Y.)..

314
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.).....

353
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.).. 303
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.

farad mit

bo

Ohio

on

FIRE INSURANCE -- Continued.

PAGE.
9.-Warranty of description in application; reference to

application not in company's possession does not con-
clude sured. Vilas v. N. Y. Cent. Ins. Co. (Ct. App.,
N. Y.)...

492
10.--Title, want of, to premises insured, when no defense.

Munroe Co. M. Ins. Co. v. Robinson (Sup., Pa.)... 513
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.)....

58
12.- Construction of policy doubtful, and contradictory

provisions construed so as to avoid warranty. First
Nat. Bk. v. Hartford Ins. Co. (U. S. Sup.).

153
13.-Ownership; statement that lessor owns uncondition-

ally property does not avoid policy. Lycoming F. Ins.
Co. v. Haven (U. S. Sup.) (in full.)..

163
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)..

194
15. – Willful burning i proof of, need not be beyond

reasonable doubt. kane v. Hibernia Ins. Co. (Ct. Er.,
N. J.) (in full)....

226
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.)...

273
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.)

289
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.)... 312
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.)......

314
FIXTURES.--Rolling stock on railway is not real estate.

Williamson v. N. J. South. R. R. Co. (Ct. Er., N. J.) (N.
C.)

359
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.)

479
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.).. 41
2.-Referee to compute amount due must take oath. Ex-

change Fire Ins. Co. v. Early (N. Y. Com. Pl.) (C.
T.)

61
FORGED PAPER.- Bank paying checks on forged

indorsement cannot hold depositor. Welsh v. Germ.
Am. Bk. (N. Y. Super ) (N. C.)

338
FRAUD.-Sale by one partner of an insolvent firm to an-

other is not. Russell v. McCord (U. S. Dist.)..... 334
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.)... 454
3.-Purchase of goods on credit by one without means,

when fraudulent and when not so. Talcott v. Hender:
son (Sup., Ohio.)

471
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.

FRAUDULENT CONVEYANCE. -- Voluntary

conveyance to wife by solvent husband not void as
to future creditors without proof of intent to defraud;
one then having_right of action for tort not subse-

quent creditor. Evans v. Lewis (Sup. Com., Ohio.).. 134
2.-Impeachable by future creditors; bankruptcy dis-

charge not bar to action for. Dewey v. Moyer (Ct.
App., N. Y.)...,

214
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.)....

511
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.).

99

GITARANTY_Construction of instrument of con-