Effect of decree in quo warranto proceeding dissolving a benefit association which was ac- cepted by the supreme lodge as final. Com monwealth v. Order of Solon (Pa.) 930. Where all the capital of a joint-stock associa-
tion is invested in a pipe line necessary in its business, a sale thereof in exchange for shares in another corporation is ultra vires.-Carter v. Producers' & Refiners' Oil Co. (Pa.) 391.
A fund raised by tonnage tax lawfully levied on members of an oyster association to obtain money with which to defend members assert- ing claim to oyster beds by trespass thereon may be used for that purpose.-Bateman v. Hollinger (N. J. Ch.) 1107.
Powers of executive committee of a certain oyster association, under Act May 17, 1894, to employ funds collected by the association in the defense of members charged with trespass on oyster beds claimed by certain other members. -Bateman v. Hollinger (N. J. Ch.) 1107.
Where the articles of an association provide for notice of assessment to be published in two cities, a forfeiture, where notice is published in only one city, is void. - Morris v. Metalline Land Co. (Pa.) 240.
Assumpsit will lie to recover money paid un- der a contract which has failed. - Tatro v. Bailey (Vt.) 685.
Question whether assumpsit lies against a guardian to recover money paid him on account of his ward, by whose death the right to such money becomes vested in the person who paid it. -Semmig v. Mirrihew (Vt.) 691.
Where an attorney in fact, authorized to sell his principal's land, sells it for worthless bonds, his principal may sue him in assumpsit for the money he should have received on the sale.- Paul v. Grimm (Pa.) 721.
Assumpsit will lie against a tax collector to recover excessive fees paid to him.-Benton v. Goodale (N. H.) 1121.
In a contract under seal, which is fully per- formed in all respects except a payment of mon- ey, which there is no covenant to do, the money
An attachment by a nonresident of the assets of a nonresident insolvent corporation in the possession of a nonresident receiver of the cor- poration will be dissolved.-Merchants' Nat.
Bank v. Pennsylvania Steel Co. (N. J. Sup.) 545.
Evidence examined, and held that an attach- ing creditor had no lien on the insurance mon- ey of his debtor as against a mortgagee and an assignee of the policy.-Donnell v. Donnell (Me.) 67.
ATTORNEY AND CLIENT. Remarks of counsel, see "Trial."
The taking by an attorney of any independ- ent security to secure payment of his fee waives his lien, though the security proves unavailable. Fulton v. Harrington (Del. Err. & App.) 856.
In the absence of a special agreement the solicitor who conducts an ordinary undefended than the taxed bill of costs.-Mundy v. Schantz foreclosure suit cannot charge his client more (N. J. Ch.) 322.
The chancery court has power by summary proceedings to compel a solicitor to pay to his cli- ent money belonging to the latter, and at the same time to ascertain the amount of compen- sation due the solicitor.-Mundy v. Schantz (N. J. Ch.) 322.
may be recovered in assumpsit on an implied See "Carriers"; "Pledge." promise. Varney v. Bradford (Me.) 115.
Where the voucher states the amount of the claim, but not on what account contracted, it is insufficient.-Burk v. Tinsley (Md.) 604.
An attaching creditor, who, before levy, dis- covers an unrecorded deed from the debtor for a valuable consideration, has such notice as de- prives his judgment of priority. Merchants'
Bldg. & Loan Ass'n v. Barber (N. J. Ch.) 865. An application for a writ of certiorari to re- view attachment proceedings on the ground that no bond was given must show that the attach- ment was based on fraud.-Weed v. Lewis (Md.) 610.
Assigned property is subject to attachment where the trustee has not filed a bond, as re- quired by Code, art. 16, § 205.-White v. Pitts- burg Nat. Bank of Commerce (Md.) 567.
See "Elections and Voters."
See "Assignment for Benefit of Creditors"; "In- solvency."
BANKS AND BANKING. Evidence examined, and held, that the bank receiving a check for collection was not negli- gent in failing to send it to the clearing house on Saturday, where the bank on which it was drawn closed on Friday, it having no knowl- edge that it would resume payment on Satur- day.-Farmers' & Mechanics' Bank v. Third Nat. Bank (Pa.) 1008.
It is a question for the jury whether a set- tlement made by the cashier of a bank with an- other bank, its clearing-house agent, was with- in the authority of such cashier, and was rat- ified by his bank by failure to object thereto for four years.-Farmers' & Mechanics' Bank v. Third Nat. Bank (Pa.) 1008.
Where an insolvent at the time of making an assignment is indebted to a bank which has a note belonging to him for collection, the bank can apply the proceeds on the note.-Greene v. Jackson Bank (R. I.) 963.
Where a bank at the time of making an as-, signment owns county warrants, and has mon- ey belonging to the county deposited by the county treasurer, the county is entitled to have the warrants surrendered, and a charge made for the amount thereof against the treasurer's account.-Crawford account. Crawford County v. Merchants' Nat. Bank (Pa.) 302.
ordinary use of the highway.-Coulter v. Town- ship of Pine (Pa.) 490.
and outside of a certain city, the county can, Where a bridge lies within a certain county without the consent of the city, confer authority to lay tracks on that part of the bridge within the county, though the bridge was paid for by the city and county.-Delaware County & P. Electric Ry. Co. v. City of Philadelphia (Pa.) 396.
Members of a benevolent society must exhaust remedies given by its rules before appealing to See "Factors and Brokers." courts of law for relief.-Jeane v. Grand Lodge, A. O. U. W. (Me.) 70.
For contract, see "Counties."
See "Negotiable Instruments."
BUILDING AND LOAN ASSOCI-
A proper method of computing the value of building and loan association shares is to di- vide the annual profits among the shares in pro- portion to the amount paid on each, in the ab- sence of any law of the association requiring the use of another method.-Charles Tyrell Loan & Bldg. Ass'n v. Haley (Pa.) 154.
Question whether a provision in the constitu- tion of an association for a division whenever the value of each share of stock amounted to a certain sum obliged a shareholder to abide by the mode of computation used by the associa- See "Negotiable Instruments"; "Vendor and tion.-Charles Tyrell Loan & Bldg. Ass'n v. Purchaser." Haley (Pa.) 154.
A loan made by a building and loan associa- tion, under an agreement whereby $600 of the $3,000 loaned was retained by the company
Administration bonds, see "Executors and Ad- for its guaranty fund, held not to be usurious. Of applicant for liquor license, see "Intoxicat-Granite State Provident Ass'n v. Monk (N. J. Ch.) 872. ing Liquors."
A count for entering a dwelling with feloni- A dividing line, to have been recognized by ous intent is not vitiated by a charge in the the adjoining owners, must have been acquiesced count of the commission of the felony intended. in with knowledge of its situation and mark--Commonwealth v. Carson (Pa.) 985. ing.-Rathbun v. Geer (Conn.) 60.
Where a tract is described by course and dis- tance, and "to include the whole pond and dam," the pond and dam are controlling monu- ments.--Rathbun v. Geer (Conn.) 60.
See "Conspiracy"; "Injunction."
An indictment under Act April 22, 1863, need not state whether the entry was in the night- time or in the day time.-Commonwealth v. Car- son (Pa.) 985.
The offense of "willfully and maliciously" en- tering a dwelling, under Act April 22, 1863, is sufficiently charged, though the word "felonious- ly" is used for "maliciously."-Commonwealth v. Carson (Pa.) 985.
There is no misjoinder where the first count charges the breaking and entering of a dwell- ing, and the second the willful breaking of a son (Pa.) 985.
See, also, "Counties"; "Turnpikes and Toll window in the house.-Commonwealth v. Car- Roads.'
Under Pub. Acts 1889, c. 214, p. 129, coun- ties, on taking private bridges to operate as public bridges, have no authority over the ap- proaches.-New Haven and Fairfield Counties v. Town of Milford (Conn.) 768.
Funeral expenses of wife, see "Husband and Wife."
Evidence that a bridge was repaired a year after an accident thereon does not show that it was out of repair at the time of the accident. Of contracts, see "Equity." Washington, C. & A. Turnpike v. Case (Md.) 571.
Liability of a town for an accident resulting from the falling of a bridge under the weight of a traction engine, when the bridge was built before the passage of such engines became an
See, also, "Horse and Street Railroads"; "Rail- road Companies."
A stipulation that the goods shipped shall be insured, and that the carrier shall have the ben efit thereof, if the loss occurs from any cause which shall render the carrier liable, is void.- Willock v. Pennsylvania R. Co. (Pa.) 948.
Stipulations by carriers against their negligence or fraud are void.-Willock v. Penn- sylvania R. Co. (Pa.) 948.
of East Brunswick v. City of New Brunswick (N. J. Err. & App.) 684.
A petition for the writ which fails to allege want of jurisdiction in the court whose judg- ment it seeks to review should be denied.- Weed v. Lewis (Md.) 610.
his return to a writ, but not in compliance with Notes of testimony sent up by a justice with any rule in the cause, are no part of the rec- ord.-Lloyd v. Richman (N. J. Sup.) 432.
The refusal of a carrier to transport freight, in the absence of a tender of a definite amount for transportation, is not a waiver of such ten- der, so as to render the carrier liable for dam- ages.-Wilder v. St. Johnsbury & L. C. R. Co. See "Equity." (Vt.) 41.
Liability of railroad company on a bill of lading of which it had no notice, and which was retained for a long period of time by a bank as security for a note.-National Bank v. Philadelphia & R. R. Co. (Pa.) 228.
Where a baggage master was removing bag- gage from a car in the ordinary manner, plain- tiff, who tripped over his feet when there were 10 feet of the platform unobstructed, cannot re- cover damages.-Connor v. Concord & M. R. R. (N. H.) 1121.
Where a passenger in a crowded combination car voluntarily and in violation of the com- pany's rules attempts to alight at a side door used only for baggage, the company is not lia- ble for resulting injuries.-Deery v. Camden & A. R. Co. (Pa.) 162.
A passenger who jumps off a moving train backwards, fearing it would not stop at his station, is guilty of contributory negligence.- Victor v. Pennsylvania R. Co. (Pa.) 381.
Review of instructions in an action against a railroad company for an assault by its conduct- or on a passenger, the conductor testifying that he was provoked to the assault by the language of the passenger.-Baltimore & O. R. Co. v. Barger (Md.) 560.
CEMETERIES.
Removal of monuments, see "Injunction."
Construction of devise in trust to establish free beds in the Middletown Hospital for the Insane for female patients, and the trustee's duties in case he is unable to make arrange- ments with the hospital.-Hayden v. Connecti- cut Hospital for the Insane (Conn.) 50.
CHATTEL MORTGAGES.
Sufficiency of description of growing grass on a certain place, "and the growing crops thereon, except what the law exempts."- First Nat. Bank v. Fitts (Vt.) 697.
Sufficiency of description of property as "all growing grass on my home place, except suffi- cient for ten tons of hay," as providing for sep- arating the mortgaged property. - First Nat. Bank v. Fitts (Vt.) 697.
Where a mortgage for the full consideration is designedly kept from record, it is void as to
creditors whose debts accrue between the mak- ing and the recording of the mortgage.-Meding V. Roe (N. J. Ch.) 587.
A lien on the crops under a contract for the sale of land is not a chattel mortgage when not recorded as provided by R. L. §§ 1966, 1967.- Whitney v. Adams (Vt.) 32.
Right of mortgagee of stock of goods to after- acquired goods as against a bona fide purchaser thereof.-Sawyer v. Long (Me.) 111.
Validity and effect of mortgage of goods which provided that articles might be sold, and new goods purchased with the proceeds should be substituted.-Sawyer v. Long (Me.) 111.
One who has laid out a cemetery can dedicate gaged property as against a sheriff who has lev- Right of mortgagee to possession of mort- a strip along the edge of it for a public high-ied thereon under execution against the mort- way, and a cemetery company acquiring land separated from the cemetery by a public alley gagor.-National Bank of Chelsea v. Miller (Vt.) cannot close it under Act April 5, 1849.-Du- bois Cemetery Co. v. Griffin (Pa.) 840.
Sufficiency of evidence to show that defend- See "Parent and Child." ant changed a name on a monument in a cem etery lot, a witness testifying that he himself did it.-Lewis v. Walker (Pa.) 500.
Question whether a certain lot in a cemetery was a family lot, so that one of the family could not sell his lot to a stranger, so as to au- thorize the burial of a stranger therein.-Lewis v. Walker (Pa.) 500.
Where a widow buries her sister and mother in a lot of her husband's family without oppo- sition on the part of his family, they cannot ob- ject, after a lapse of 10 years, that such burial was without their consent.-Lewis v. Walker (Pa.) 500.
To review attachment, see "Attachment."
CLERK OF COURT.
Under Private & Special Laws 1874, c. 626, a clerk of Lewiston municipal court may hear complaints and issue warrants in criminal cases.-State v. Le Clair (Me.) 7.
The salary of the clerk of county courts is governed by the act of 1876 and its supplements, fixing the amount at $5,000 annually.-McGun- nigle v. Allegheny County (Pa.) 123.
Collateral Attack.
See "Judgment." On judicial sale, see "Sale."
A taxing district whose valuation has been in- creased cannot, by certiorari, object to the de- cision of the state board because the increase is less than its adjudication required.-Township Of taxes, see "Taxation."
For land condemned, see "Eminent Domain." Of attorney, see "Attorney and Client." Of clerk, see "Clerk of Court."
Of register of deeds, see "Register of Deeds." Of sheriff, see "Sheriffs and Constables." Of witness, see "Witness."
See, also, "Payment"; "Release and Discharge." As evidence of damage, see "Damages."
In the absence of fraud or mistake, a com- promise entered on the justice's docket is bind- ing on the parties, and cannot be varied by parol evidence. French Creek Tp. v. Moore (Pa.) 848.
Condemnation Proceedings.
See "Eminent Domain."
In insurance policy, see "Insurance."
Legality of devise, see "Conversion." Validity of marriage, see "Marriage."
Pub. St. Mass. c. 112, § 212, making railroad companies liable for death by wrongful act, held to be penal statute, and hence not to sup- port an action brought in another state. Adams v. Fitchburg R. Co. (Vt.) 687.
The validity of a marriage is governed by the lex loci.-Clark v. Clark (N. J. Ch.) 81.
Where a salesman solicits orders which are filled in another state, the place of the con- tract is in the other state.-Lynch v. Stott (N. H.) 420.
Where a resident of one state devises land situate in another state, the validity of the devise is determined by the laws of the latter. Guarantee Trust & Safe-Deposit Co. v. Max- well (N. J. Ch.) 339.
Consideration.
Of contract, see "Contracts."
Right of proprietor of a newspaper to an in- junction to restrain a typographical union from enforcing a boycott against him.-Barr v. Es- sex Trades Council (N. J. Ch.) 881.
An indictment which sets out that certain members of a municipal board conspired to cheat the city by corruptly purchasing supplies at excessive prices, and paying salaries to per- sons who rendered no services, is good.-Mad- den v. State (N. J. Sup.) 541.
Waiver of indictment and jury, see "Criminal Law."
Act Feb. 6, 1830, requiring those peddling clocks to obtain a license, is not a regulation of interstate commerce.-Commonwealth v. Har- mel (Pa.) 1036.
In the execution of a municipal contract for the introduction of water, the leaving of the point of connection with the city pipe system to the mayor is not a delegation of legislative pow- er.-Brady v. City of Bayonne (N. J. Sup.) 968.
Gen. St. § 2673, requiring a notice of an in- jury by a defective road to be given within 60 days, in order that suit be brought therefor, is constitutional when applied to the case of a suit against a private corporation.-Shalley v. Dan- bury & B. H. Ry. Co. (Conn.) 135.
Act 1894, c. 113, requiring traders in Balti- more to take out separate licenses to carry on business in disconnected buildings is constitu- tional.-Rohr v. Gray (Md.) 632.
The state legislature may authorize a sale under execution of national bank stock.-In re Braden's Estate (Pa.) 746; Appeal of Wood, Id.
Act April 20, 1874, providing that cities may increase their indebtedness on the assessed val- uation, is constitutional. - Bruce v. City of Pittsburgh (Pa.) 831.
The legislature may abolish or change the term of an office created by it, and not men- tioned in the constitution.-Commonwealth v. Weir (Pa.) 835.
Constitutionality of legislative act taking the control of city waterworks from the mayor and council, and placing it under that of a special board. Coyle v. Gray (Del. Err. & App.) 728.
Act April 16, 1891, providing that the insur- ance commissioners shall prepare a standard fire insurance policy, is unconstitutional, as a delegation of legislative power. - O'Neil American Fire Ins. Co. (Pa.) 943.
proper subject for exercise of the police power Business of insuring against loss by fire is a of the state.-Commonwealth v. Vrooman (Pa.) 217.
Act 1870, forbidding any person or association to issue a policy of insurance unless authorized to do so by a charter of incorporation, does not conflict with the provisions of the bill of rights that all men are born free and independent, and have inherent rights of acquiring, possessing, and protecting property and reputation.-Com- monwealth v. Vrooman (Pa.) 217.
Act 1870, forbidding a person or corporation to issue a policy of insurance without authority to do so expressly conferred by a charter of in- corporation, is not in conflict with Const. U. S Amend. 14.-Commonwealth v. Vrooman (Pa.) 217.
Local and special laws.
Act April 4, 1873, providing for the appoint- ment, by a foreign insurance company, of an agent on whom process may be served, is not unconstitutional as being special legislation.- Kennedy v. Agricultural Ins. Co. of Watertown (Pa.) 724.
Act May 16, 1894, providing for the establish- ment of wards in cities of first class, is a gen- eral law.-McLaughlin v. City of Newark (N. J. Sup.) 543.
Act June 12, 1893, enabling taxpayers to con- tract for making roads, is not a local or special act.-In re Lehigh Val. Coal Co. (Pa.) 210.
the first class to fill vacancies in the common Priv. Laws 1891, p. 475, empowering cities of council, is unconstitutional as being local legis- lation.-Parker v. Common Council of City of Newark (N. J. Sup.) 186.
Const. art. 11, declaring that, by general laws, churches may be exempted from taxation, does
not refer to special assessments for local im- provements. In re Broad St. in Sewickley Bor- ough (Pa.) 1007; Appeal of Methodist Episco- pal Church, Id.
Imposing a tax on two designated classes of brokers is not unconstitutional.-City of Pitts- burgh v. Coyle (Pa.) 452.
St. 1893, c. 146, imposing a tax on collateral inheritances, is an excise tax, and is constitu- tional.-State v. Hamlin (Me.) 76.
him, she to see him whenever she desires, is not against public policy.-Enders v. Enders (Pa.) 129.
be an entire contract, preventing action there- A building contract construed, and held not to on before completion of the building.-Crawford v. McKinney (Pa.) 1047.
Binding effect on parties furnishing bricks for a city contract of agreement between them and the city that there should be an inspector to pass on the brick.-Park Fire Clay Co. v. Ott (Pa.) 1040.
Question whether an act exempting a certain railroad from taxation until its net earnings equal 6 per cent. of the amount invested stated a contract which could not be impaired by sub- sequent legislation. - Commonwealth v. Phila-sum due on a contract in view of certain claims Sufficiency of architect's certificate, as to the delphia & E. R. Co. (Pa.) 145. for defective work, to justify action by the con- tractor.-Robinson v. Baird (Pa.) 1010.
Question whether the act of 1891, taxing cor- porations, deprives any person of equal protec- tion of the laws, or provides taxation which is not uniform.-Commonwealth v. Sharon Coal Co. (Pa.) 127.
See, also, "Assignment"; "Assignment for Ben- efit of Creditors"; "Carriers"; "Chattel Mort- gages"; "Covenants"; "Deed"; "Factors and Brokers"; "Fraudulent Conveyances"; "In- surance"; "Landlord and Tenant": "License"; "Marriage"; "Master and Servant"; "Mort- gages"; "Negotiable Instruments"; "Orders"; "Partnership"; "Pledge"; "Release and Dis- charge"; "Sale"; "Specific Performance"; "Vendor and Purchaser."
Of counties, see "Counties." Of infant, see "Infancy."
Of insurance, see "Insurance."
Contractors are not liable for inferior mate-
rial substituted by the subcontractors by an agreement with the architect. Robinson v. Baird (Pa.) 1010.
Admissibility, in an action for the contract price of a pavement, of evidence showing the trade meaning of a provision that the contractor should prepare all necessary beds of gravel, sand, or other material.-McDonough v. Jolly (Pa.) 1048.
A contract to act as editor, performing serv- ices such as defendant should direct, allows the latter to take a portion of the paper from plain- tiff's control.-Lathrop v. Visitor Printing Co. (R. I.) 964.
Where the parties to a contract have by their conduct given a practical construction to the same, such construction will be adopted by the courts.-White v. Amsden (Vt.) 972.
Where a contract provides that the city en- gineer's decision shall be final, one party can- not seek to avoid it by showing that the engi neer was negligent.-Bowman v. Stewart (Pa.) 988.
Contract between real-estate agents con- strued, and held that, one of them having made a sale of land while it was in force, the other was entitled to a share of the commissions.-- Loan v. Gillmor (Pa.) 989.
Parol evidence is admissible to show the con- temporaneous understanding, of the parties to street," as used therein.-In re Curtis (Conn.) 769.
Of municipal corporations, see "Municipal Cor- a written contract, of the words "to work a porations."
Of wife, see "Husband and Wife."
Offer to sell a mortgage which was revocable by the person making the offer after the lapse of a reasonable time.-Isham v. Therasson (N. J. Ch.) 969. Validity.
Want of consideration to support a promise, by the holder of a mortgage, to assign it to any one whom the promisee should name, at a cer- tain sum.-Isham v. Therasson (N. J. Ch.) 969. A party will be presumed to understand the import of a paper which he signs after it is read to him.-Green v. Maloney (Del. Super.)
In order to charge one who can neither read nor write with liability on a written instru- ment, it must be shown that the contents of the paper were fairly read or explained to him.-Green v. Maloney (Del. Super.) 672.
A written promise to pay the debt of another is invalid without evidence of consideration out- side of the promise itself.-Pike v. Van Riper (N. J. Sup.) 529.
Right to recover payment made under an ille- gal contract, when the parties are not in pari delicto.-Taylor v. Hintze (N. J. Sup.) 551.
An agreement by one to pay his daughter $20,- 000 and her son $20,000, if the daughter would permit the boy to live with and be educated by
Construction of agreement, in view of its Wording, and the subsequent action of the par- ties, as binding one who assumed a certain judgment against the other to pay the entire amount thereof which remained unpaid.-Krum- rine v. Grenoble (Pa.) 824.
Contract for service of a mare construed, and held, that plaintiff was not, under its terms, compelled to return the mare for service.-Ta- tro v. Bailey (Vt.) 685.
Where the terms of a verbal contract, which was admittedly made, are disputed by the con- tracting parties, and the evidence is evenly bal- anced, the terms that are most just should pre- vail.-Smiley v. Gallagher (Pa.) 713.
A contract between a gas company and a traction, company construed, and held not to re- quire the gas company to provide labor for fill- ing an excavation made by the traction com- pany about the pipes uncovered during this work.-Philadelphia Co. v. Central Traction Co. (Pa.) 934.
A contract to ship whatever milk a party may have, at a certain price per gallon, for a year, is a severable contract.-Hess v. McLaughlin (Pa.) 491.
Where there is no ambiguity in a written con- tract, its construction is for the court.-Wood- bury Granite Co. v. Mulliken (Vt.) 28.
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