Imágenes de páginas

of former contract of service; Lichtenhein v. Fisher, 87 Hun, 398, 34 N. Y. Supp. 304, holding that presumption is of continuance of contract where employee hired for annual compensation continues over term; Bennett v. Mahler, 90 App. Div. 27, 85 N. Y. Supp. 669, holding that continuance of service beyond term, under old contract of hiring for year, operated as new hiring for year; Selley v. American Lubricator Co. 119 Iowa, 600, 93 N. W. 590, holding salary of official after time of his discharge for good cause by directors, not recoverable. Corporation by-laws.

Cited in Fowler v. Great Southern Teleph. & Teleg. Co. 104 La. 755, 29 So. 271, holding power of board of directors in hiring employee and fixing salary in excess of charter and by-laws not binding on corporation.

Cited in note (25 L. R. A. 48) on effect of corporate by-laws as notice.

7 L. R. A. 824, BURTON v. TUITE, 80 Mich. 218, 45 N. W. 88. Examination of public records.

Cited in Aitcheson v. Huebner, 90 Mich. 645, 51 N. W. 634, holding state tas land book public record subject to inspection by any citizen; Day v. Button, 96 Mich. 602, 56 N. W. 3, upholding right to examine records and files in office of register of deeds to make memoranda therefrom; Burton v. Reynolds, 110 Mich. 355, 68 N. W. 217, holding general public under proper restrictions has right to information in public offices relating to titles.

Cited in note (27 L. R. A. 82) on right to inspect public records.

7 L. R. A. 826, PECK v. BANK OF AMERICA, 16 R. I. 710, 19 Atl. 369. Notice of what inquiry would disclose.

Cited in Maas v. German Sav. Bank, 36 Misc. 157, 72 N. Y. Supp. 1068, holding bank chargeable with knowledge that domestic administrator had been appointed when foreign administrator applied for deposit of intestate; Spellissy v. Cook & B. Co. 58 App. Div. 285, 68 N. Y. Supp. 995, holding transfer made by one in his own name as attorney for another is notice that he is not owner; Hughes v. Drovers' & M. Nat. Bank, 86 Md. 424, 38 Atl. 936, holding corporation not bound to examine whether transferrer with power to transfer is attempting fraud; Peck v. Providence Gas Co. 17 R. I. 279, 15 L. R. A. 647, 21 Atl. 543, holding fact that transfers of stock made through bank is not notice to corporation that executris under will had pledged, and not sold, them.

Cited in footnote to Wooten v. Wilmington & W. R. Co. 56 L. R. A. 615, which holds corporation permitting transfer of stock on books by executor, bound to see that provisions of will carried out.

Cited in note (15 L. R. A. 645) on duty of corporation as to transfer of stock held in trust.

When statute of limitations begins to run.

Cited in Reynolds v. Hennessy, 17 R. I. 178, 23 Atl. 639, holding statute of limitations does not begin to run while cause of action is fraudulently concealed from him.

Cited in footnotes to Sanborn v. Gale, 26 L. R. A. 864, which holds running of limitation against action for alienation of wife's affections not prevented by agreement of parties to adultery known to husband to deny same; Smith v. Blachley, 53 L. R. A. 849, which holds running of limitation against action to recover back

money not prevented by fraud, unless investigation prevented by affirmative efforts; Mereness v. First Nat. Bank, 51 L. R. A. 410, which holds running of limitations demand certificate of deposit, not interrupted by bank's misrepresentations in denial of liability.

Cited in note (8 L. R. A. 687, 688) on statutes of limitation in case of concealed fraud.

7 L. R. A. 831, JONES v. GLIDEWELL, 53 Ark. 161, 13 S. W. 723. Conclusiveness of finding upon appellate court.

Cited in Freeman v. Lazarus, 61 Ark. 257, 32 S. W. 680, holding finding of fraud by circuit court, supported by evidence, must stand; Dunnington v. Frick Co. 60 Ark. 258, 30 S. W. 212, and Robson v. Hough, 56 Ark. 624, 20 S. W. 523, holding same presumption on appeal indulged in as to findings as in verdict of jury. Frauds vitiating elections.

Cited in Freeman v. Lazarus, 61 Ark. 257, 32 S. W. 680, holding excise election in township invalidated by misconduct of election judges; Atty. Gen. v. McQuade, 94 Mich. 443, 53 N. W. 944, holding parties, although not participating, cannot profit by election frauds. Secrecy of the ballot.

Cited in Ex parte Arnold, 128 Mo. 261, 33 L. R. A. 389, 49 Am. St. Rep. 557, 30 S. W. 768, holding "election by ballots” means secret ballot.

Distinguished in Re Massey, 45 Fed. 635, holding secrecy of ballot does not prevent courts of state from having access to them to enforce criminal law. Contested elections.

Cited in footnote to Gillespie v. Dion, 33 L. R. A. 703, which holds failure to allege election contestant's qualification to maintain proceeding, fatal.

Cited in note (12 L. R. A. 705) on notice to contestee in election contest. Control of court over examination of witnesses.

Cited in Hughes v. State, 70 Ark. 423, 68 S. W. 676, holding that court abused discretion in stopping cross-examination upon material point in prosecution for rape.

7 L. R. A. 836, McCULLOUGH v. ANDERSON, 90 Ky. 126, 13 S. W. 353. Estates with power of appointment or to dispose of property.

Cited in Coats v. Louisville & N. R. Co. 92 Ky. 274, 17 S. W. 564, holding that devise to wife with absolute power of disposition, with remainder over of unexpended remainder, creates life estate; Dudley v. Weinhart, 93 Ky. 404, 20 S. W. 308, upholding power of appointment to change or cancel any gift or devise in will; Payne v. Johnson, 95 Ky. 184, 24 S. W. 238, holding intention to execute power of appointment must be clear; Mulvane v. Rude, 146 Ind. 483, 45 N. E. 659, holding donee of life estate with power of disposition does not take fee; McCallister v. Bethel, 97 Ky. 6, 29 S. W. 745, holding devise to A. in trust for B., and at B’s. death to his children, if none, to any person to whom B. may devise, passes fee subject to be defeated.

Cited in footnotes to Cornwell v. Wulff, 45 L. R. A. 53, which holds absolute power of disposition in instrument conveying land carries full power in land

itself; Roth v. Rauschenbusch, 61 L. R. A. 455, which holds fee simple by devise to one absolutely and forever, not cut down by subsequent direction as to disposition of any remainder on devisee's death.

Cited in notes (9 L. R. A. 168) on devise of life estate to wife; (10 L. R. A. 757) on devise to wife for life with power to sell or dispose of estate.

7 L. R. A. 840, BATT v. MALLON, 151 Mass. 477, 25 N. E. 17. Notice as to title to land.

Cited in note (8 L. R. A. 211) on constructive notice by possession as to title to land.

7 L. R. A. 843, CODY v. NEW YORK & N. E. R. (0. 151 Mass, 462, 24 V. E. 402. Negligence of passenger attempting to leave car.

Cited in Jones v. Baltimore & O. R. Co. 4 App. D. C. 173, holding negligence of passenger leaving moving train question for jury; Washington & G. R. Co. v. Hickey, 5 App. D. C. 471, holding negligence of passenger jumping from street car to avoid imminent collision, for jury; Gannon v. New York, N. H. & H. R. Co. 173 Mass. 42, 43 L. R. A. 834, footnote p. 833, 52 N. E. 1075, which holds carrier liable for injury to passenger while impulsively trying to escape from ear in which oil lamp caught fire.

Cited in footnote to Tuttle v. Atlantic City R. Co. 54 L. R. A. 582, whicb authorizes recovery for fall while trying to escape from derailed car.

Cited in note (8 L. R. A. 84) on causal connection broken by intervening agency,

7 L. R. A. 845, GERMAN NAT. BANK v. COORS, 14 Colo. 202, 23 Pac. 328. Zona fide purchaser of commercial paper.

Cited in Mater v. American Nat. Bank, 8 Colo. App. 330, 46 Pac. 221, holding innocent holder for value may recover on note, although conditions as to extension of time at foot, were wrongfully detached by another; Tourtelotte v. Brown, 1 Colo. App. 417, 29 Pac. 130, holding notice of defenses that would defeat commercial paper in the hands of the holder must be affirmatively established.

7 L. R. A. 847, PORTER v. PIERCE, 120 N. Y. 217, 24 N. E. 281. Sunday, in computing time.

Cited in Miner v. Tilley, 54 Mo. App. 629, holding, in computing time in which act may be done, Sunday not considered if last day; Bowles v. Brauer, 39 Va. 468, 16 S. E. 356, holding in computing statutory time Sunday is included unless last day, when act may generally be done on succeeding day; Craig v. Butler, 83 Hun, 289, 31 N. Y. Supp. 963, holding payments may fall due on Sunday, but rule of dire non extends time of payment.

Cited in notes (14 L. R. A. 122) on extension of time for redemption when last day falls on Sunday; (49 L. R. A. 235) on computation of time for redemption. Violation of Sunday law.

Cited in footnote to Sullivan v. Maine C. R. Co. 8 L. R. A. 427, which holds riding on Sunday for exercise not violation of statute.

7 L. R. A. 849, DEPOSIT BANK v. FAYETTE NAT. BANK, 90 Ky. 10, 13 S.

W. 339.
Recovering sum paid on forged check.

Cited in Neal v. Coburn, 92 Me. 148, 69 Am. St. Rep. 495, 42 Atl. 348, and First Nat. Bank v. First Nat. Bank, 58 Ohio St. 212, 41 L. R. A. 585, 65 Am. St. Rep. 748, 50 N. E. 723, holding drawee bank cannot recover amount paid bona fide holder on forged check; First Nat. Bank v. Marshalltown State Bank, 107 Iowa, 329, 44 L. R. A. 132, 77 N. W. 1045, holding drawee bank which pays forged check to bona fide holder who is without negligence cannot recover; Woods v. Colony Bank, 114 Ga. 685, 56 L. R. A. 931, 40 S. E. 720, holding responsibility of drawee bank paying forged check absolute only in favor of holder without fault; Canadian Bank of Commerce v. Bingham, 30 Wash. 490, 60 L. R. A. 955, 71 Pac. 43, holding that drawee bank paying forged checks may recover from bank taking them in course of business and negligently paying same.

Cited in footnotes to Gifford v. Rutland Sav. Bank, 11 L. R. A. 794, which holds savings bank not liable for paying deposit to wrong person presenting passbook; Kummel v. Germania Sav. Bank, 13 L. R. A. 786, which holds vigilance to detect forgery due to depositor by savings bank officers; Janin v. London & S. F. Bank, 14 L. R. A. 320, which holds depositor's delay in returning forged check no defense to bank not injured thereby; Northwestern Nat. Bank v. Bank of Commerce, 15 L. R. A. 102, which holds bank crediting forged draft to payee and forwarding for collection a bona fide holder; Iron City Nat. Bank v. Ft. Pitt Nat. Bank, 23 L. R. A. 615, which denies right of recovery by payer of forged check.

Cited in note (27 L. R. A. 636) on duty of bank to know signature of drawer.


384, 15 Am. St. Rep. 515, 22 N. E. 1031. Title to proceeds of paper deposited for collection and effect of insol

vency generally. Cited in Commercial Nat. Bank v. Hamilton Nat. Bank, 42 Fed. 881, holding subagent for collecting liable for amount collected and not remitted to owner or agent, though credit given to agent and by it to owner; Beal v. Somerville, 17 L. R. A. 295, 1 C. C. A. 606, 5 U. S. App. 14, 50 Fed. 651, holding checks deposited indorsed for deposit do not become cash of bank until collected, thoughimmediately credited to depositor; Peoples Bank v. Jefferson County Sav. Bank, 106 Ala. 533, 54 Am. St. Rep. 59, 17 So. 728, holding bank receiving draft for collection not authorized to treat proceeds as its own; People's & D. Bank v. Craig, 63 Ohio St. 382, 52 L. R. A. 874, 81 Am. St. Rep. 639, 59 N. E. 102, holding one receiving note for collection cannot forward amount in payment and retain note as his own; Union Nat. Bank v. Citicens' Bank, 153 Ind. 55, 54 N. E. 97, holding depositing bank not preferred creditor where insolvent collecting bank collected note and remitted draft on correspondent bank which refused pavment; Commercial Nat. Bank v. Armstrong, 148 U. S. 57, 37 L. ed. 367, 13 Sup. ('t. Rep. 533, holding money collected by subagent on paper deposited with agent for collection does not belong to receiver of agent; Armour Packing Co. v. Davis, 118 N. C. 554, 24 S. E. 365, holding tacit agreement that amount of check, if uncollected, should be charged to depositor's account, rendered transaction bailment for collection ; Tyson v. Western Nat. Bank, 77 Md. 419, 23 L. R. A. 163, 26 Atl. 520, holding check deposited by customer for collection for account of indorsers does not pass title to bank; Irwin v. Reeves Pulley Co. 20 Ind. App. 112, 48 N. E. 601, holding bank accepting for collection draft payable elsewhere, liable only for ordinary care in selecting correspondent, and not for i's le fault; National Bank of Commerce v. Johnson, 6 N. D. 184, 69 N. W. 49, holding certificate of deposit, indorsed and deposited for collection and credit, remains property of depositor; Citizen's Nat. Bank v. City Nat. Bank, lil Iowa, 215, 82 N. W. 464, holding drawee of check not bound to detect forgery of any other signature than that of drawer; Freeman v. Exchange Bank, 87 Ga. 47, 13 S. E. 160, holding payee of bill of exchange, indorsing for deposit to credit of himself, retains ownership of proceeds which are subject to garnishment by his creditor; Blair v. Hill, 50 App. Div. 36, 63 N. Y. Supp. 670, holding pro. ceeds of check collected for owner by agent and commingled with his own remain property of owner; Arnot v. Bingham, 55 Hun, 556, 9 N. Y. Supp. 68, holding note sent to bank for collection only remains property of sender, who can collect proceeds from bank's receiver; Wilson v. Marion, 147 N. Y. 5994, 42 N. E. 190, holding purchaser of real estate from assignee for benefit of creditors under fraudulent assignment can hold it if ignorant of fraudulent intent of assignor; Knower v. Central Nat. Bank, 124 N. Y. 561, 21 Am. St. Rep. 700, 27 N. E. 247, holding creditor of assignor for benefit of creditors to whom assignee paid money can hold it against creditor setting aside the assignment; Hutchinson v. Manhattan Co. 9 Misc. 344, 29 N. Y. Supp. 1103, holding title of draft, indorsed generally, but shown to be for collection only, remains in indorser; Wolff v. Zeller, 31 Misc. 257, 64 N. Y. Supp. 129, holding vendor in fraudulent sale may recover chattels from assignee of vendee when sale rescinded before assignment; Gindre v. Kean, 7 Misc. 584, 28 N. Y. Supp. 4, holding consignors of goods to del credere factor entitled to recover from his assignee for creditors' moneys collected from purchasers subsequent to the assignment; Asher v. Deyoe, 77 Hun, 533, 28 N. Y. Supp. 890, holding bank taking mortgage to secure antecedent debt on property purchased with intention of not paying therefor, not entitled to hold such property as against seller; Bank of Clarke County v. Gilman, 81 Hun, 490, 30 N. Y. Supp. 1111, holding owner of check for collection and credit remains owner; O'Conner v. Gifford, 117 N. Y. 283, 22 N. E. 1036, holding judgment creditor estopped from setting up claim against trustee under will, when he had failed to present claim within six months after publication; Nash v. Second Nat. Bank, 67 N. J. L. 267, 51 Atl. 727, holding drawer -ntitled to proceeds of draft credited by collecting to forwarding bank after latter's failure; Peters Shoe Co. v. Murray, 31 Tex. Civ. App. 261, 71 S. W. 977, holiling drawer of draft not entitled to follow proceeds in hands of assignee of collecting bank.

Cited in footnotes to Milton v. Jolinson, 47 L. R. A. 529, which denies power of subagent to apply proceeds of debt collected to payment of claim due him from principal agent; Waterloo Milling Co. v. Kuenster, 29 L. R. A. 794, which throws upon depositor loss of worthless paper credited to him by bank receiring from other bank for collection; Northwestern Nat. Bank v. Bank of Commerce, 15 L. R. A. 102, which holds signature of drawer not guaranteed by indorsing draft "for collection;" State Bank v. Byrne, 21 L. R. A. 753, which holds drawee's acceptance of draft presented by collecting bank not payment;

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