Imágenes de páginas


the phrase, does no injury because it is in- | ARREST. conclusive and merely gives her supposition.

NOTES AND BRIEFS. Lewis v. Tapman (Md.)

385 20. A defendant cannot urge that he was Liability of Municipality for, see MUNICI. prejudiced by an amendment of the com

PAL CORPORATIONS. plaint, when it was made on condition that he be given sufficient time to prepare to


See mect the issues as amended, and he subse

INJUNCTION; PUBLIC IMPROVEquently announced himself ready and proceeded to trial on the amended pleadings. McCabe v. Ætna Ins. Co. (N. D.) 641


See also TELEPTIONES, 1. 21. A defendant who has the benefit of an inspection of a letter offered to contradict

An order to pay money to become due his testimony, and who testifies that he did under a contract for services to a third pernot write it, is not injured by the fact that son will constitute a valid assignment which he is not shown the letter or asked in regard equity may enforce. Merchants’ & M. Nat. to it until after it is read in evidence. Lew- Bank v. Barnes (Mont.)

737 is v. Tapman (Md.)


ASSIGNMENT FOR CREDITORS. 22. A question as to the constitutionality See INSOLVENCY. of a license tax upon a merchandise broker is affirmatively shown by the record so as ASSUMPSIT. to give jurisdiction to the Virginia court See also PUBLIC IMPROVEMENTS, 7. of appeals, where a bill of exceptions has been duly taken to the refusal of an instruc

NOTES AND BRIEFS. tion to find in favor of the broker, if he car

Assumpsit; for money paid on assessment. ried on business only as a resident sales

537 agent for nonresident principals, although no reference was made in terms to the com

On failure of consideration for contract.

615 merce clause of the Federal Constitution. Adkins v. Richmond (Va.)



See GARNISHMENT, NOTES AND BRIEFS. Appeal; inadequacy of damages as a

ATTEMPT. . ground for setting aside a verdict:-(I.)

See also EVIDENCE, 24. Power and duty of the court as to; (II.) 1. One who is successful in obtaining rule in contract actions; (III.) rule in ac

money by means of the confidence game cantions with relation to property and property not be convicted of an attempt, although rights; (IV.) rule in actions for personal the act was not consummated in the county injuries: (a) generally; (b) action for li. where the indictment was found. Graham bel and slander; (c) actions for malicious v. People (Ill.) 731. prosecution and false imprisonment; (d)

2. The common-law rule as to what conactions for assault and battery and other stitutes an attempt to commit an offense is torts; (e) actions for personal injuries not changed by Mich. Comp. Laws 1897, § caused by negligence: (1) general rules as 11,784, providing for punishment of every to; (2) what sufficient to show bias or omis- person who shall attempt to commit a crime sion of duty-instances; (f) statutory pro- and do any act towards its commission, but visions as to smallness of damages for per- shall fail in the perpetration, or shall be insonal injury; (V.) effect of uncertainty as tercepted or prevented in the execution of to cause of injury; (VI.) who entitled to re- the same. People v. Youngs (Mich.) 108 lief; (VII.) matters of procedure; (VIII.) 3. An attempt to break and enter a increase of verdict by court.


dwelling house was not made by the fact that

a person left his home with revolver and APPROPRIATIONS.

slippers, and traveled 9 miles towards the See also PUBLIC MONEY, 2.

place where he intended to commit the crime,

where he met a person with whom he had A joint resolution of the legislature is planned to commit the crime, and then prowithin Mich. Const. art. 4, § 45, requiring vided himself with chloroform and loaded the assent of two thirds of the members to his revolver, but was prevented from commit"every bill appropriating the public money ting the crime by being arrested. People v.

108 or property for local or private purposes.” Youngs (Mich.) Allen v. Board of State Auditors (Mich.)



Attempt; to commit crime.

To commit crime; what constitutes. 733 Appropriations; requisites of enactment of appropriation bill.


1. An information in equity by the atAPPURTENANT.

torney general is the proper form of proSee EASEMENTS.

ceeding for the enforcement of public rights

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against a building erected above the height | fering from asthma and trouble with his permitted by statute in front of a public lungs to such an extent that his continued park. Knowlton v. Williams (Mass.) 314 incarceration in the county jail in the

2. A statutory remedy for enforcing physical conditions existing there will be building laws, given by Mass. Stat. 1894, fraught with serious impending danger to chap. 257, to the city of Boston, does not ex- his health, and will probably be fatal if he clude a suit by the attorney general to en

is left there three months or more. Re force Mass. Stat. 1898, chap. 452, prohibit- Ward (Cal.)

466 ing the erection of buildings adjacent to Copley square above a certain height, and BAILMENT. requiring the city to pay damages for the interest in lands thus taken, thus giving the

NOTES AND BRIEFS. city a pecuniary interest against the enforcement of the law. Knowlton v. Wil. Bailment; of bicycle.

305 liams (Mass.)



See VOTERS AND ELECTIONS. Attorney general; right to maintain action in case of real estate; to protect public interests.

314 BANKS.

Liability of Stockholders in, see CORATTORNEYS.

An attorney employed by a building

See also BILLS AND NOTES, 1; TRUSTS. and loan association to procure the discharge 1. A credit of checks deposited for collecof all the receivers who have been appointed tion, and the issuance of a deposit slip statfor it, but who is also employed and paid by ing that all cash items not actual cash are one of the contesting sets of receivers and entered subject to payment, entitle the bank renders services for them, will be precluded to charge back a check if it proves uncolby public policy from recovering from the lectible. Givan Bank of Alexandria association, even if the board of directors (Tenn.)

270 has by resolution approved what he has done, 2. A bank receiving a check for collection with full knowledge of his inconsistent em- exercises due diligence if, in accordance with ployments. Strong v. Brennan (Ill.) 792 its custom, it credits the check and forwards NOTES AND BRIEFS.

it on the following day. Givan v. Bank of Alexandria (Tenn.)

270 Attorneys; inconsistent or double employment.

3. The selection of a suitable intermedi. 793

ate bank for the purpose of sending a check

for collection discharges the duty of the ATTORNEY'S FEES.

initial bank to the person who deposits the Unconstitutional Discrimination as to, check. Givan v. Bank of Alexandria (Tenn.) see CONSTITUTIONAL LAW, 9.

270 See also EscHEAT, 2.

4. The selection of its regular corres.

pondent employed to transact its own busiAUDITORS.

ness, for the purpose of sending a check for See also CLAIMS.

collection, indicates proper care on the part An attempt by the legislature to make of a bank with which it is deposited for colthe board of state auditors an appellate court lection. Givan v. Bank of Alexandria to determine the guilt or innocence of a


270 pardoned convict, and allow him damages 5. Sending a check directly to the drawee for wrongful conviction and imprisonment bank for collection constitutes negligence on if they find him innocent, is in violation of the part of the collecting bank. Givan v. the constitutional provisions establishing Bank of Alexandria (Tenn.)

270 courts and conferring upon them exclusive 6. A bank receiving for collection a note jurisdiction to try civil and criminal cases. on which it is an indorser is not relieved of Allen v. Board of State Auditors (Mich.) liability by reason of its own failure to make

117 demand and give notice of dishonor. Auten BACK FIRE.

v. Manistee Nat. Bank (Ark.)


7. A cashier of a national bank has au5.

thority to indorse negotiable paper for the

bank to parties dealing with it in good faith. BAGGAGE.

Auten v. Manistee Nat. Bank (Ark.) See CARRIERS.

8. A subsequent misuse or misapplica

tion by bank officers of the proceeds of notes BAIL.

bought from the cashier of a national bank Bail pending appeal from a conviction and deposited to the credit of such bank, by may be allowed because of the extraordinary its direction, in a New York bank, will not character of the circumstances, on proof by affect the rights of the purchaser, if it was physicians, one of whom was selected by the innocent. Auten v. Manistee Nat. Bank district attorney, that the prisoner is suf-'(Ark.)





bank as an indorser, when he is by operation Banks; indorsement of note by cashier; of law in charge of its books and papers, so power to borrow money;

that there is no other person upon whom to rediscounting

make the demand at the place appointed in paper.


the note. Auten v. Manistee Nat. Bank (Ark.)


2. One who takes title to a promissory BRIEFS.

note payable to order but not indorsed, un

der a mere assignment of the note and a BICYCLE PATHS.

mortgage securing it, cannot claim the proSee also INDICTMENT, 1.

tection of the law merchant, but holds the

note subject to the equities that would af1. The establishment of a public bicycle fect it in the hands of his assignor. Galusha path by county commissioners is impliedly v. Sherman (Wis.)

417 ratified, and the use of a portion of the public highway therefor impliedly authorized,

NOTES AND BRIEFS. by Minn. Laws 1899, chap. 43, § 1, making it Bills and notes; notice of dishonor; to a misdemeanor to drive animals or any whom given; waiver of demand and notice. vehicles except bicycles upon such paths.

331 State v. Bradford (Minn.)


Who are bona fide purchasers. 419 2. The bicycle paths upon which it is made unlawful by Minn. Laws 1899, chap. BLASTING. 43, § 1, to drive animals or vehicles except bicycles, include public bicycle paths only, land, and thereby causes a piece of wood to

One who explodes a blast upon his own and not private bicycle paths which a person fall upon a person lawfully traveling in a has constructed upon his own land. State v. Bradford (Minn.)

144 public highway, is liable as a trespasser in a

the injury thus inflicted, although the blast BICYCLES.

is fired for a lawful purpose and without See HighwAYS, 5–7; INFANTS, 2; negligence or want of skill. Sullivan v. MUNICIPAL CORPORATIONS, 2. Dunham (N.Y.)


NOTES AND BRIEFS. Bicycles; right to use on highway. 145

Blasting; liability for damages by. 716 Bicycles; bicycle law:-(I.) Introduc.

BOARDS. tory; (II.) right of bicyclists to use high

See CONTRAUTS, 10. ways, generally; (III.) validity of enactments restricting the use of highways. by BONA FIDE PURCHASER. cyclists; (IV.) reciprocal duties of cyclists

See also BILLS AND NOTES, 2. and other persons traveling on highways: Bona Fide Purchaser of Goods, see Es. (a) duty of cyclists to pedestrians; (b)

TOPPEL, 1. bicyclists entitled to benefits and subject to burdens of the rules of the road; (V.) lia

BONDS. bility for frightening horses; (VI.) duty of

NOTES AND BRIEFS. cyclists to carry bells and lamps; (VII.) use of footpath by cyclists: (a) under the

Bonds; contract as to tax for payment of. common law; (6) under statutes and or

460 dinances; (VIII.) right of cyclists to recover for injuries caused by defective high- BOUNDARY. ways; (IX.) special enactments for the pro

Boundary; Mistake as to, see VENDOR tection and convenience of cyclists; (X.)

AND PURCHASER. injuries to cyclists at railway crossings; The bed of the river between the mid(XI.) injuries to cyclists caused by street dle of the stream and the abutting land becars; (XII.) injuries to bicycles left stand- longs to the owner thereof, under an exceping in streets; (XIII.) payment of tolls, tion in a deed of a piece of land fronting on liability of cycles to; (XIV.) cycles as a a river “12 rods in length on the bank of subject of taxation by municipalities; said river and extending back far enough, (XV.) bicycles as a subject of contracts of same width, to comprise 1 acre of land.” sale or lease; (XVI.) the bicycle as a sub- Smith v. Furbish (N. H.)

226 ject of bailment; (XVII:) the bicycle as a subject of insurance; (XVIII.) when a bicy- BREACH OF PROMISE. cle is a necessary for a minor.






Constructive notice which will render See also BANKS, 6–8; EVIDENCE, 3.

a city liable for injury caused by a defect 1. A demand and notice upon a Federal in a bridge under Mich. Pub. Acts 1887, examiner in possession of an insolvent p. 345, g 2, which creates a right of action national bank may be sufficient to bind the against a city for such a defect only when


it has knowledge or notice thereof, does not 4. Allowing passengers to play cards in arise from the mere existence of such a de- the smoking room of a steamboat, in violafect for two or three days only. Thomas v. tion of a rule of the carrier, does not make Flint (Mich.)

499 the carrier liable for the injury to another NOTES AND BRIEFS.

passenger who is shot during a quarrel

which occurs during the game. Tall v. Bridges; liability for defect in railing. Baltimore Steam Packet Co. (Md.) 120


5. The theft of diamond rings from the BROKERS.

finger of a woman while she is asleep in a See INSURANCE, 2, 3.

sleeping car gives her a right of action BUILDING AND LOAN ASSOCIA- theft results from the failure of the agents

against the sleeping-car company, if the TION.

and employees in charge of the car to use See ATTORNEYS.

ordinary care and watchfulness to protect

her and her property from thieves. PullBUILDINGS.

man's Palace Car Co. v. Hunter (Ky.) 286 See also ATTORNEY GENERAL; EMI.

6. A licensed carrier within a city, haulDomain, 1; INJUNCTION, 4; ing for all persons who require his services, MUNICIPAL CORPORATIONS, 1; Nuis- is liable as a common carrier while carry. ANCE, I; PARKS.

ing goods outside of the city under an agreeAn approval of certain sculptured ment to take them to a certain point, withornaments on the face of the wall on two out any further contract, although he could sides of a building above the lawful height, not have been compelled to carry outside the made by park commissioners under Mass. city. Farley v. Lavary (Ky.)

383 Stat. 1898, chap. 452, authorizing them to 7. A carrier may be charged as insurer approve sculptured ornaments extending for baggage delivered at the station before above the permitted height of the building, the starting of a train, only when it is dedoes not relieve the building from the pro- livered within the time reasonably neces. hibition of the statute, when its solid brick sary for obtaining the ticket, checking the walls extend 6 feet above the limit, and its baggage, etc. Goldberg v. Ahnapee & W. R. roof is at the top. Knowlton v. Williams Co. (Wis.)

221 (Mass.)


8. A rule that baggage will not be

checked more than thirty minutes before BURGLARY.

train time cannot be held unreasonable as See ATTEMPT, 3.

matter of law, nor can it be thus held to be

reasonable to leave baggage in the evening BY-LAWS.

for a train at 6 in the morning. Goldberg See also INSURANCE, 10–13.

v. Ahnapee & W. R. Co. (Wis.) 221 NOTES AND BRIEFS.

By-Laws; of Insurance Company, see See also Hacks.

Carriers; liability to passenger for injury by fellow passenger.

120 CARRIERS. See also Hacks, 1; Trial, 6.

Liability for property taken by legal proe

ess; surrendering goods on bill of lading. 1. A common carrier has, by virtue of its right of ownership in its property, the Liability for baggage before transportacontrol of its depots, subject only to the tion begins.

222 rights of the public having business rela

Who are common carriers.

383 tions with it. Godbout v. St. Paul Union Depot Co. (Minn.)

532 2. The rule that a carrier is charged CASE. with the highest degree of care consistent 1. A general creditor cannot maintain with the nature of his undertaking, as be an action on the case for conspiracy of the tween him and his passenger, in respect to debtor and other persons to dispose of the the acts or omissions of the carrier and his debtor's property fraudulently and defeat servants, does not extend to the matter of his claim, if there was no fraud in the creathe carrier's liability for injuries to passen- tion of the debt. Field v. Siegel (Wis.) gers by acts of fellow passengers or strang

433 Tall v. Baltimore Steam Packet Co. (Md.)

2. The owner of land occupied by a ten120

ant may sue in trespass on the case for the 3. A carrier's liability for the miscon- damage to his reversionary interest Rusduct of a passenger because of the injury sell v. Meyer (N. D.)

637 to another passenger arises only when the carrier or his servants could have prevented

CASHIER. the injury, but failed to interfere to avert

See BANKS, 7. it, with knowledge, or upon facts which ought to have imparted knowledge, that the injury was threatened. Tall v. Baltimore CHATTEL MORTGAGE. Steam Packet Co. (Md.)

120 See MORTGAGE, 1-7.










1. A controversy between two persons, CLAIMS.

actually and in good faith existing, is a See also ACTION OR SUIT, 5.

proper subject for a binding contract of set

tlement, no matter what may be the real The claims which the state auditors merits of the claim on either siue. Galusha are authorized to adjust under Mich. Const. v. Sherman (Wis.)

417 art. 8, § 4, do not include requests, petitions, 2. A settlement of a real controversy, or claims for appropriations which are mere when free from mutual mistake of fact or ly-gratuitous, or which may be based upon mistake upon one side and fraud upon the sentimental or moral grounds which have other, is binding upon the parties thereto, not the semblance of any legal claim. Allen without regard to which gets the best of the v. Board of State Auditors (Mich.) 117

bargain, or whether all the gain be in fact

on one side and all the sacrifice on the othCLERK.

Galusha v. Sherman (Wis.)

417 See HOMESTEAD, 1.



MENT, 2, 3.



1. The law in the state in which real esSee BANKS.

tate is situated furnishes the rule as to its

descent, alienation, and transfer, the conCOLLEGE.

struction and validity of conveyances thereSee LIENS, 1.

of, and the capacity of the parties to such

conveyances, as well as their rights under COLTS.

the same. Walling v. Christian & C. GroSee MASTER AND SERVANT, 4. cery Co. (Fla.)


2. A married woman authorized by deCOMMERCE.

cree of court to buy, sell, and convey both 1. An agent of a laundry in another real and personal property as a feme sole, state, who collects garments and sends them has no power to convey real property in anout of the state to be washed and laundered, other state, to which she subsequently reand afterwards redelivers them to their own moves, without the joinder of her husband, ers, is not engaged in commerce so as to be when by the laws of that state a married protected against the privilege tax imposed woman cannot lawfully convey property on his occupation by Tenn. Acts 1899, chap. without the joinder of her husband. Wali. 432, § 4. Smith v. Jackson (Tenn.) 416 ing v. Christian & C. Grocery Co. (Fla.) 2. A license tax on merchandise brokers

608 is invalid as a regulation of interstate com- 3. The statutory liability of a stockholdmerce, when applied to a citizen and resi- er in a foreign corporation for an unpaid dent of a city whose occupation is solely the deficiency of assets, which he assumes by the solicitation of orders in the city by person- act of becoming a member of the corporation al application and by exhibition of samples, through the purchase of stock, is in fact a for nonresident merchants, who are his prin contractual liability springing from an imcipals, for the negotiation of sales of goods plied promise, and, if the statute does not which are not in the state. Adkins v. Rich-prescribe any remedy, it may be enforced in mond (Va.) 583 the state where he resides. Howarth v.

725 3. An ordinance imposing a license tax Angle (N. Y.) on transient persons other than citizens of

NOTES AND BRIEFS. the municipality for selling goods is unconstitutional and void. McGraw v. Marion

Conflict of laws; as to negotiable paper. (Ky.) 583


As to status of married woman. 610 Commerce; insurance as.

69 As to enforcing liability of stockholder. Burden on, by taxing agents for inter

727 state business.


Of Contract, see CONTRACTS, 1. Validity of state laws affecting.







See Case, 1.

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