Imágenes de páginas


at 8 per cent per annum.” Sanders v. Baguell the trust assets, although he withdrew from (S. C.)

743 the combination before the receiver was ap. 3. A parol lease of real estate for the term pointed. Pittsburgh Carbon Co. v. McMillin

46 of one year commencing in futuro is invalid, (N. Y.) under Minn, Gen. Stat. chap. 41, tit. 2, being 14. The rule against granting relief to a an agreement which by its terms is not to be party to an illegal contract does not apply to performed within one year from the making prevent a receiver from recovering the fruits thereof. Jellett v. Rhode (Minn.) 671 of the transaction for the benefit of honest 4. The signature of the vendor to & con

creditors. tract for the sale of real estate, which is other- 15. A negotiable note is not valid, even in wise sufficient, is not necessary in order to the bands of a bona fide bolder, where it was enable him to enforce it against the vendee. given in consideration of a wager contract, Hodges v. Koving (Conn.)

87 which is made a crime by statute, a transfer of 5. A contract to purchase of a man “bis such note to a party ignorant of its illegality place” in a certain town, "containing 15 acres being also made a crime, although the statuie more or less,” sufficiently describes i he prop does not expressly declare that such notes shall erty, where he resides on the premises and be void in the hands of innocent holders. owns no other real estate in that town. Id.

Snoddy v. American Nat. Bank (Tenn.) 705 6. The statute probibiting the making of

III. RESCISSION; RELIEF. contracts by, parol wbich are not to be performed within one year has no application to a

16. Equity will not relieve from securities contract which has been fully performed by executed to shield a person from prosecution one of the parties. Lowmanov. Sheets (Ind.) for a felony of which he is guilty, upon the

984 ground that execution for such purpose ren.

dered them void. Shattuck v. Watson (Ark.) 7. A contract within the Statute of Frauds

551 is not void, but merely voidable.

ld. 8. Where a number of contracts are made securities in consideration of a promise to re

17. One who has executed and delivered at the saine time and as part of the same trans- frain from a prosecution for felony of a person action, some of which are within the Statute guilty thereof cannot, after his illegal purpose of Frauds and the others not, and they are of has failed from causes other than a breach of such a nature that they can reasonably be con; the contract, and a prosecution has been com. sidered as separate, the former will be enforced menced by third parties, rescind the contract although the latter are avoided.

and recover back the securities.

Id, 9. A person's title under a valid contract for the purchase of an interest in brood mares,

IV. IMPAIRING OBLIGATION. which is coupled with a voidable contract as 10 18. The probibition against impairing the ob. their keeping, will not be affected by the avoid-ligation of contracts, contained in U. S Const. ance of the latter contract.

Id. art. 1, § 10, applies to contracts establisbiog II. CONSTRUCTION; VALIDITY. charitable trusts. Cary Library v. Bliss (Mass.)

765 10. If it appears that an ambiguous term in 19. The acceptance by a town of a propoa contract has an established meaning among sition for the donation of a fund for the estabthose engaged in the business to which the con- lishment of a public library, which contains a tract bas reference, and unless it is given that scheme for the management of the fund and meaning it is indefinite and equivocal, it should library and the payment of the money in ac. be treated, in interpreting the contract, as used cordance therewith, constitutes a contract beaccording to that understanding. Metropolitan tween the parties; and the scheme cannot afterExhibition Co.v. Eving (C. C. S. D. N.Y.) 381 wards be changed by the Legislature without

11. There is no necessity to particularize, in the consent of all the parties to the contract, – a contract for the services of a ball player at least not until the conditions existing at the which gives the employer the right to re- time the contract was made become so changed serve” such player for ihe season next ensuing, as to make it impracticable or inconvenient to the conditions or characteristics of the option, further carry out the original scheme. Id. if, when the contract is made, the term bas a 20. The contract of marriage is not a “con. well understood definition,

Id. tract,” within the meaning of the provision in 12. A contract giving base ball clubs the the Constitution of the United States probibitright to “reserve their players for another ing States from impairing the obligation of a season simply gives the clubs the right, as contract. State v. Tutty (C. C. 8. D. Ga.) 50 against other clubs, to secure the services of

NOTES AND BRIEFS. such players if the parties can agree, but places no obligations on the players to enter into a

Contracts; lease for more than one year. 671 contract for such season. Hence the players Gambling consideration; securities for money cannot be compelled to enter into such future lost at play.

705 contract by a decree of specific performance, Specific performance of contracts for serand consequently they cannot be enjoined from vices.

779 entering into contracts with other clubs. Id.

Not to be performed within one year. 584 13. A party to an illegal trust combination,

Illegal; how far available as a defense. who, in pursuance of the agreement, has furnished goods in the name of the trustee, can:

Unlawful; enforcement of claims under. 46 not claim the proceeds as against a receiver of Rescission of, for false statement; effect of

partial performance; insolvency of buyer; as- vote at the stockholders' meetings, and may signment of contract.

141 be legally elected as a director, of a corporation Power of Legislature to alter terms of. 767 founded under the Pennsylvania laws. Com.

Robinson, v. Hemingway (Pa.)


5. A regulation of a corporation that stock. Contribution cannot be compelled by a

holders shall have one vote for each share held judgment debtor who has paid the judgment, by them up to ten sbares, and fixing the profrom a joint defendant, where, after the latter portion which bis votes shall bear to his shares had been notified that the 'suit was aban. above that number, is a reasonable regulation, doned, the former had the proceedings renewed uniform in its operation, conflicts with no law, and carried to judgment without notice to the and is binding on all the shareholders. Det

357 other, and assumed to conduct the defense for willer v. Com. Dickinson (Pa.) both without setting up as a defense therein a 6. When the methods of voting are not discharge in bankrupicy wbich he knew his fixed by general law, corporations may make a codefendant bad obtained pending the action. law for themselves, subject to the qualification Duncan v. Flanagan (Pa.)

412 that such laws and regulations as they make

sball pot conflict with the laws of the United NOTES AND BRIEFS. States.

ld. Action against one jointly liable on debt. 7. A regulation of a corporation that votes

413 may be cast hy proxy is a reasonable regulation,

uniform in its application, works no wrong 10 CORPORATIONS.

any sharebolder, and conflicts with no law of Pennsylvania.

Id. I. NATURE. II. POWERS, LIABILITIES, AND OFFICERS. when any director sball die, resign, neglect to

8. By-laws of a corporation providing that III. STOCK AND STOCKHOLDERS.

serve, or remove out of the county, the board IV. DISSOLUTION.

may proceed to supply the vacancy, do not V. FOREIGN CORPORATIONS.

authorize a director to be ousted on the ground of ineligibility.


9. A railroad company which has acquired See also ACTION OR SUIT, 7; Notice, 2; La majority of the stock of another railroad RAILROADS, 6, 8.

company will not be allowed, in the absence of I. NATURE.

express statutory authority, to vote such stock,

either by itself or by other persons acting in its 1. An association for the encouragement interest, in the election of officers or in matters of debating, reading, and literature, and the pertaining to the management and control of enjoyment of rational social amusements, and ibe latter company; at least where the two the playing of tenpins, chess, and checkers, roads are rivals having substantially the same and other lawful games, having no pecuniary field of operation, where a contlict of inter. profit in view, and no connection with any est may arise in the matter of expenditure, business purposes or with politics, and wbich or in the division of p«tronage or of earnings, provides that po saloon shall be kept in con- or where the profits of one company may be nection there with, and no drinks sold by the enhanced by a diminution of those of the other. club or any of its members,-nay be regarded Memphis &C. R. Co. v. Woods (Ala.) 605 as an educational association, entitled to be in. corporated without the payment of a tax on

10. A railroad company in Kansas has the capital stock, under Mo. Const. art. 10, $ 21, lawful right to purchase and bold stock of a and Mo. Rev. Stat. 1889, SS 2821, 2825. ' State, connecting road. Atchison, T. & S. F. R. Co. Henderson, v. Le Sueur (Mo.)

V. Cochran (Kan.)


11. A railroad company whose rights and

powers in respect to a connecting road are 2. A corporation may execute a deed as an merely those of a stockholder is not liable for attorney in fact for another. Killingsworth v. the negligence of the connecting railroad. Id. Portland Trust Co. (Or.)


12. One employed by a corporation on a 3. A person not a citizen of Pennsylvania montbly salary, who is part of the time on the who is a citizen of the United States can be road selling goods, making collections, etc., as come a member of the Farmers & Mechanics a drummer, and the rest of the time working in Institute of Northampton County, Pennsyl. a store, shipping and receiving goods, moving vania, there being no statutory or charter pro and bandling stock, etc., or making sales and vision against bis doing so; and such nonresi- collecting bills in the city,-is a “clerk,” withdent stockholder takes his shares with all the in the meaning of the Tennessee General Inrights and privileges which pertain to them in corporation Act of 1875, § 11, making stock. the hands of a citizen, and be may vote upon holders individually liable for moneys due them, and, where no other qualification than "laborers, servants, clerks, and operatives” in ownersbip of stock is required of the directors, case the corporation becomes insolvent. Cole may become a director. Detwiller V. Com. v. Hand (Tenn.)

96 Dickinson (Pa.)


13. A by-law of a corporation providing 4. One who is not a citizen of the Onited for the removal of officers by the board of di. States, but is, and for myny years bas been, a rectors at pleasure constitutes part of the conresident and property-holder in Pennsylvania, tract of employment of a secretary at a desig. can become a stockholder, and is entitled to dated yearly salary, with no special agreement


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as to the time of service. Douglass v. Mer-forfeits its franchise, but does not thereby be chants Ins. Co. (N. Y.)

822 come subject to the escbcat or contiscation of

its property. Com. Attorney-General, v. Nero
York, 2. E. & W. R. Co. (Pa.)

634 14. An attempt to release a stockholder 23. Where a railroad company incorporatfrom his contract by the general manager of a ed under the laws of Ohio misuses a francbise, corporation, who is also its largest stockholder, privilege, or rigbt conferred upon it, or claims secretary, and treasurer, on the stockholder's ibe right to exercise, or bas exercised, "a franrequest that be would dispose of his stock, chise, privilege, or right in contravention of whereby he causes entries to be made on the law," the supreme court has jurisdiction to in. books charging off the balance due for unpaid quire into and correct the mischief, though the calls, and crediting to the stockholder the sums corporation may be engaged in interstate compaid by him, will not avail to release the stock merce, and the misuser or usurpation to be corholder where no attempt is made to transfer rected relate to and concern that traffic. State, his shares, although the manager secures new Kohler, v. Cincinnati, W. & B. R. Co. (Obio) subscriptions to the stock in place thereof, and

319 both parties suppose tbat he is authorized to

24. Where & corporation fixes a rate of substitute new subscriptions and release the old

freight per hundred pounds, for carrying peCartwright v. Dickinson (Tenn.) 706

troleum oil in tank cars, substantially lower 15. The fact that an overissue of stock will than its rate for transporting it in barrels ip carbe the result where stock is issued to pew sub- load lots, it is exercising “a franchise, privilege, scribers as a substitute for stockholders who or right in contravention of law," witbin the wish to withdraw, unless an attempted cancel. meaning of Ohio Rev. Stat. $ 6761, cl. 4. Id. lation of the earlier subscriptions (made, with

25. The donation by trustees of an incorposupposed authority, to effect such substitution)

rated benevolent association to each member, shall be upheld, will not aid such invalid at in pursuance of a unanimous vote of the tempt at cancellation.


members present at a meeting when the vote 16. A stockholder who is misled by state was taken, of a certain sum for past services, ments of the manager of the corporation, whom when no services had been rendered other than be bas requested to dispose of his shares, to the such as the parties were bound to render as effect that they have been sold, when in fact an members, is a misappropriation of corporate invalid attempt to cancel them merely has been funds, the restoration of wbich may be commude, is not thereby released from his con. | pelled by a member who was not a party to the tract. If injured, nis remedy is one against transaction. Ashton v. Dasharay Asso. (Cal.) his agent, the manager. Id.

809 17. An assignee of a corporation wbo has

V. FOREIGN CORPORATIONS. not resigned his trust, where there are creditors wbose claims he must provide for, is not 26. A foreign corporation owning all the prevented from bringing suit to enforce the li- stock of a domestic corporation, wbere the statability of a stockbolder by the fact that he has utes allow its stock to be held by other corposuffered the stockholders to resume business rations, does not thereby acquire or hold" with the machinery assigned to him, taking a the real estate of the domestic corporation so as bond for its protection.

Id. to violate the Pennsylvania Act of April 26, 18. The agreement of one who signs articles 1855, against acquiring or holding real estate of association for the formation of a corpora-:directly in the corporate name, or by or tion, to take stock therein, does not become en through any trustee or other device whatsoever, forceable until he has acknowledged the arti- unless specially authorized,” under penalty of cles as required by Ind. Rev. Stat. S 3851.

escheat. Com. Attorney General, v. New York, Coppage v. Hutton (Ind.)

L. E. & W. R. Co. (Pa.)

634 19. A stockholder of a railroad company is

NOTES AND BRIEFS. not liable for the negligence of the officers, agents, or employés of the company in the See also Quo WARRANTO. operation of its road. Atchison, T. & S. F. R.

Corporations; creation of.

691 Co. v. Cochran (Kan.)


Restriction on exercise of powers; dealing in 20. An averment of refusal by the officers of stock of others.

605 a corporation, upon request, to take appropriate

Franchises of; how conferred.

370 legal proceedings to prevent the unlawful voting of corporate stock, will authorize the en- Power to execute deed as attorney in fact. tertainment of a suit by shuckholders in their

638 own pames for the accomplishment of that ob- Power to hold stock in another corporation; ject. Memphis & C. R. Co. v. Woods (Ala.) 605 rights of foreign corporations; violation of 21. A demand on the trustees of a corpora- power; escheat of property.

634 tion to restore funds misapplied is not neces- Officers bound to notice hy-laws. 823 sary before an action by a member to compel such restoration, where the trustees them

Who may be stockholders; uniformity of

358 selves were parties to the unlawful transaction, by-laws; right of stockholders to vote. and contest the action on the ground that their

Stockholders' liability; laborers' wages. 97 acts were rightful. Ashton v. Dashaway A880. Release of stockholder from subscription; (Cal.) 809 capital stock as trust fund.

706 IV. DissolUTION.

Liability of stockholders for debts upon fail22. A corporation violating the organic law l ure to file report; survival of action. 551


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Refusal to issue stock; damages; release of corded there, will not prevent him (or bis heirs stockholders; substitution of stockholders; after his deatb) from bringing such suit in anchange in amount of stock.

707 other State where the will was made. McQuerry v. Gilliland (Ky.)

454 COSTS.

5. A suit to restrain a sale under a trust Taxable costs of all parties in a suit for deed in order to prevent a cloud upon title is the construction of a will may be ordered out one involving title to real estate," within the of the funds of the estate before distribution. jurisdiction of the Missouri Supreme Court. Powers V. Judevine (Vt.) 517 Gardner v. Terry (Mo.)

67 6. An Act providing for the appointment NOTES AND BRIEFS.

of commissioners of the supreme court “ to Costs; county attorney's fees in mandamus assist in the performance of its duties, proceedings not taxable.


under such rules and regulations as said

court may adopt,” is not in violation of the COUNTIES. See also INTEREST, 1.

California Constitution. People, Morgan, v.
Hayne (Cal.)

1. A contract by which a board of county
commissioners attempts to employ a legal ad.

7. Commissioners “to assist ” & court do viser for a period of three years, to commence

not usurp judicial functions, or exercise any three months in the future and after the time judicial power, by taking such transcripts. for the election of a person to fill the vacancy

and briefs as a court shall assign to them, and caused by the expiration of the term of office reporting the result of their examination there. of one member of the board, the term of em. the consideratiou of the court as to the proper

of, with opinions and suggestions merely for ployment extending over a period during which

Id. all the members of the board as constituted at disposition of the cases. the time of the contract will retire therefrom

8. The possibility that the court may be unless re-elected,—is against public policy and unduly influenced by the reports and opinions void. Jay County v. Tuylor (Ind.)

160 of commissioners appointed to assist it does not tana Act of Sept. 12, 1887, providing that it it is shown that they are not usurping judicial 2. The county of Cascade, under the Mon affect the question of the constitutionality of

the Act providing for their appointment, when “shall be liable for and shall pay the sum of $30,000" to the county of Choteau, from which


Id. it was created, giving it the option to cause

NOTES AND BRIEFS. warrants to be issued, which on being indorsed, Not paid for want of funds," shall bear in-ing out of State.

Courts; jurisdiction of causes of action aris

512 terest, or to issue coupon bonds and sell them, - cannot discharge the debt by delivery of the

Appointment of commissioners.

848 bonds, but, if it issues the bonds, must convert them into cash and pay the debt.

Terri. COVENANT. tory, Choteau County, v. Cascade County (Mont.) It seems that a covenant under seal by a

105 life tenant having power to dispose of the re3. When the law itself imposes a duty on mainder of the estate by will, to refrain from county commissioners as such, and they are disposing of a portion of such remainder upon not appointed thereto by the county, the coun- consideration tbat the will granting the power ty will not be responsible for their breach of shall not be contested, is enforceable. Wood duty, or for their nonfeasance or misfeasance v. Bullard (Mass.)

304 in relation to such duty.


CRIMINAL LAW. See also Deposi.
Counties; debts of; how created; how en-

1. The Legislature has power to change
the manner of inflicting the penalty of death.

715 COURTS. See also Sunday, 2; TIME, 1. People, Kemmler, v. Durston (N. Y.)

2. Whether the use of electricity as 1. An action on a contract is within the ju. agency of producing death constitutes a more risdiction of the courts of the State in which is humane method of executing the judgment of the place of performance, although the parties the court in capital cases ihan lianging is a are residents of other States. Cofrode vi question for the determination of the LegislaGartner (Mich.)


The determination of that question in 2. Consent of the parties is sufficient to the affirmative, after careful deliberation, is give jurisdiction over them to a court which conclusive upon the courts; and such method has jurisdiction of the subject matter. Id. capnot, therefore, be declared a violation of the

3. A court has no discretion to refuse to constitutional provision against cruel and unhear a case between nonresidents of which it usual punishment.

Id. has jurisdiction, merely because the suit is brought there only for convenience of parties CURTESY. and attorneys, and will entail expense upon the A husband has no rights as tenant by the county.

id. curtesy in lands in which his wife bad an 4. The inability of the beneficiary under a estate in remainder, where she died before the will to bring suit for conveyance of land to expiration of the life tenancy, and never had a him as directed by the will, in the State where right to the possession. Todd v. Oviatt (Conn.) the land is situated, because the will is not re

693 7 L. R. A.






air therefrom to their property, by the con. Curtesy; tenancy by; effect of statute; seisin struction of an elevated railroad in such street, during coverture; entry on land; vested. re- the amount to be awarded therefor the jury

are entirely consequential; and in determining mainder or life estate; forfeiture of; liability for husband's debts; disposal of 'estate by may consider the benefits as well as the injuries wife.

693 resulting from such construction.

7. In an action by a lessee of property CUSTOM AND USAGE.

abutting upon a street through which an eleA custom to take cars from connecting vated railroad is constructed, to recover damcarriers without changing the goods cannot be ages for the permanent impairment of bis easeinvoked to protect from negligence in failing ment in the street for light, air, and access, the to transport the goods with care.

Beard v.

general appreciation of the value of property Illinois C. R. Co. (Iowa)

280 consequent upon such improvement cannot be

considered, as it belongs to the property-owder, DAMAGES. See also TELEGRAPH Com- but special and peculiar advantages wÞich tend

to increase the rental value of the property are PANIES, 5. 1. Damages for an alleged negligent con

elements which the jury must consider in de

termining the amount of their award. Id. struction of a sewer, in consequence of which plaintiff's premises are injured by discharge

8. Damages for loss of services of plainiherefrom, must be limited to the actual dam tiff's wife by reason of personal injuries are age sustained up to the time of bringing suit, not confined to the value of her services within and cannot include prospective damages, on the the household, but may include the value of ground that the defects are permanent, al- her services as manager of her husband's busithough human labor will be necessary to rem- pess, where she was thus engaged at the time edy the defects. Nashville v. Corner (Tenn.) of the injury, without any contract or expecta


tion of pay for her services. Citizens Street R. Co. v. Iwiname (Ind.)

352 2. A railroad cannot be made responsible for exemplary damages on account of injurics

9. In an action by a father to recover for done by one of its servants, even though the the loss of services of his minor child by reason act was wanton and malicious, unless the act of injuries inflicted upon bim by a tbird person, was expressly or impliedly authorized or rati- which result in his death, the recovery must be tied by the company. Ricketts v. Chesapeake limited to the damages which accrued during & 0. R. Co. (W. Va.)


the period between the injury and the death, 3. In proceedings to assess damages for the death occurred. Davis v. St. Louis, 1. M. & S.

and cannot embrace those accruing after the taking of property for railroad purposes: what. R. Co. (Ark.)

283 ever injuriously affects the owner's adjoining property as the direct and necessary result of

10. Two thousand dollars damages was The location of the road may be considered by awarded for the death of plaintiff's son, bethe jury in making their assessment: Schuyl tween eighteen and nineteen years of age, who kill River E. 8. R. Co. v. Kersey (Pa.) 409 was robust, earning $25 per month, and who 4. Where the location of a railroad across benefit of his father's family. Mynan v. Lou

was a dutiful son employing bis wages for the property leased as a coal yard makes necessary isiana Electric Light & P. Co. (La) 172 new appliances for the continuation of the coal business, and increases the cost of raising and

NOTES AND BRIEFS. storing the coal, as well as the breakage and waste in handling it, the additional expense Meaning of "exemplary damages;" when and loss, together with the cost of the new ap- allowed; jury to determine.

354 pliances, may properly be received in evidence

Not recoverable by one who contributed to in a proceeding by the lessee to recover dam: the injury.

262 ages for such location, not as specific items of

Measure of, for breach of contract. 78 claim, but as affecting the market value of the leasehold.

lu. For wrongful maintenance of a sewer. 465 5. The benefits which will accrue to property

For neglect to deliver telegram.

583 by reason of the construction of a railroad must For property taken in eminent domain; benenecessarily be considered in determining the fits considered.

289 amount of the consequential damages to be al. For land taken for railroad.

409 lowed to its owner on account of such con

For pollution of stream.

457 struction, and their consideration for such purpose is not prohibited by the statute whicb for

DEATH. bids commissioners, in determining the compensation to be made to owners of property ac- 1. An administrator has no right, under the quired for the construction of railroads, to Massachusetts Employers' Liability Act (Mass. make any allowance or deduction on account Laws 1887, chap. 270), to recover damages on of any real or supposed benefits which the account of the death of his intestate from inparty ir interest inay derive from the construcjuries caused by the employers' negligence, in tion of the proposed road. Newman v. Metro addition to his right as legal representative to politan Elev. R. Co. (N. Y.)

289 recover the damages which accrued to the in6. The damages to abutting-property own.

testate in bis lifetime. Ramsdell v. New York ers by reason of the destruction of their ease. & N. E, R. Co. (Mass.)

154 ments for ingress and egress to and from a pub- 2. The Arkansas Act of 1883 does not lic street, and the free circulation of light and I take away the right which survives to the per.

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