INDEX.

ACCIDENT INSURANCE-

1. Benefits-Time-Cause "Immediately."-The word "immediate-
ly" in the Constitution and laws of an order providing for
benefits if a member shall sustain accidental injury, which
shall, independently of all other causes, immediately, wholly
and continuously disable him, refers to time, not cause. Pepper
v. Order of United Commercial Travelers of America......918
ACTIONS FOR CAUSING DEATH-

1. Distribution of Amount Recovered.—Under Constitution, sec. 241,
giving a right of action for the death of a person resulting
from any injury inflicted by negligence or wrongful act, and
providing that "the General Assembly may provide how the
recovery may go, and to whom belong, and until such provision
is made, the same shall form part of the personal estate of the
deceased person," the Legislature had power to provide, as
it has done by Kentucky Statutes, section 6, that "the amount
recovered, less funeral expenses and the costs of administra-
tion and such costs about the recovery, including attorneys'
fees, as are not included in the recovery from the defendant,
shall be for the benefit of and go to the kindred of the deceased,"
naming the order in which they shall take. O'Malley's Adm'r,
etc., v. McLean, etc.
1
2. Funeral Expenses-Cost of Administration.-Under that statute
only the funeral expenses and the cost of recovering and admin-
istering the particular fund are to be paid out of the fund before
the distribution to the kindred of deceased; all other costs of
administration being payable out of the general estate. Idem.. 1
3. Same.-Funeral expenses having been paid out of the fund, the
kindred of deceased entitled to the remainder of the fund, are
not entitled to be reimbursed out of the general estate. Idem.. 1

AFFIDAVIT AND DEMAND-

See Usury, 3.

ALIENATION-

See Wills, 6.

APPEALS

See Cr. Law. 21. Elec. Contests, 7-25. Roads, etc., 8.

Assignor-Banks and Banking.

ASSIGNOR-

See Bills & Notes, 1, 2, 3.

ATTACHMENTS-

1. Non-Resident.-Under Civil Code, section 194, an attachment may
issue against a foreign corporation or a non-resident defend-
ant for any cause that would authorize an attachment against
a resident defendant, and also on the ground of non-residence
alone, if the action be on a contract or on a jugment or award.
Bates Machine Co. v. Norton Iron Works....
372
2. Situs of Property-Threatened Removal.-A debt is property at
the residence of the debtor, and therefore where a debtor is
a resident of the State, the fact that the debt is about to be
collected by him and the money removed from the State, not
leaving enough property to satisfy plaintiff's claim against him,
is sufficient to entitle plaintiff to an attachment against him,
though he be a non-resident, under Civ. Code Prac., section
194, subsection 6, authorizing an attachment against a defend-
ant who is about to remove or has removed his property from
the State, not leaving enough to satisfy plaintiff's claim.
Idem.
..372

ATTORNEY AND CLIENT-

1. Competency of Attorney as Witness-Privileged Communica-
tions. Civil Code, section 606, subsection 5, providing that
"no attorney shall testify concerning communications made to
him in his professional character by his client, without the
consent of the client," does not prohibit an attorney in a con-
troversy between his clients from testifying as to statements
made by one of them in the presence of the other. Smick's Adm'r
v. Beswick's Adm'r.
.439
2. Transaction with Person Since Deceased-Interest in Client's
Claim.-Under Civil Code, section 606, subsection 2, providing
that no person shall testify for himself concerning any trans-
action with one who is dead when the testimony is offered
to be given, an attorney, whose fee is wholly contingent upon
the establishment of his client's claim, is not a competent wit-
ness for his client as to a transaction with one who is dead
when the testimony is offered. Idem.
.439

BALLOT BOXES-

See Election Contests, 15, 17, 18, 19, 26, 27.

BANKS AND BANKING-

1. Forgery of Check-Signing by Authority of Depositor-Instruc-
tions to Jury.-In an action against a bank to recover a de-
posit, in which plaintiff by reply denied that a check for the

BANKS AND BANKING-Continued.

amount sued for which defendant had paid, was signed by her,
or by her authority, it was error to instruct the jury, that in
order to find for defendant they must believe that the check
was signed by plaintiff, but the court should, as requested by
defendant, have instructed the jury to find for defendant if they
believed that the check was signed by plaintiff, "or by another
for her with her consent or by her authority." Phoenix Na-
61
tional Bank v. Taylor.
2. Paid with Knowledge of Plaintiff.-If the plaintiff received the
proceeds of the check with knowledge of the fact that the
money had been paid by defendant thereon, or the money was
deposited to plaintiff's credit in another bank, and drawn out
by her or by her authority, she was not entitled to recover,
and the court should have so instructed the jury as requested
by defendant. Idem.

61
3. Ex Parte Affidavits as Evidence.-Er Parte affidavits filed upon
motion by plaintiff for a subpoena duces tecum were not ad-
missible as evidence for plaintiff before the jury, though the
facts stated therein may have been competent evidence if prop-
62
erly proved. Idem.
4. Comparison of Hand Writing.-Under Civil Code, section 604,
subsection 2, writings are not admissible for comparison with a
writing, the genuineness of which is in dispute, unless such
62
writings were executed before any controversy arose as to the
Idem.
genuineness of the writing in dispute.
5. Admissibility of Writing Signed by Mark.-Writings which plain-
tiff had signed by making her mark were not admissible as
evidence for her to show that she could not write, or for the
purpose of comparing them with a disputed writing to which
her name was signed without her mark. Idem

62
6. Wrongful Dishonor of Check-Measure of Damages. In an ac-
tion against a bank to recover damages for its wrongful refusal
to honor a depositor's check, plaintiff, who at the time her
check was dishonored, was pursuing a special study in a strange
city, may recover for any time she lost, or any expenses she in-
curred, or for any loss of credit, of business or of instruction
that she sustained by reason of the dishonor of the check; but
as only compensatory damages are allowed, she may not re-
cover for humiliation or mortification of feeling. American
......857
National Bank v. Morey

7. Same. The fact that plaintiff had a nervous chill when her
check was protested and returned to her, is not to be con-
sidered in estimating the damage, as the chill was not such
a thing as should reasonably have been anticipated from per-
..857
sons of ordinary health and strength. Idem.

Banks and Banking-Bills and Notes.

BANKS AND BANKING-Continued.

8. Punitive Damages.-It was error to give an instruction author-
izing the jury to award punitive damages, there being nothing
to indicate actual malice, oppression or bad motive. Idem...857
BASTARDS-

See Husband & Wife, 3.

BENEFIT SOCIETIES-

1. Schism-Right to Property of Society.-When a schism has oc-
curred in a benevolent association which has united with and
assented to the control and supervision of a general organi-
zation, and thereafter acquired property by the investment
of dues collected from its members while harmony obtained,
that faction which has adhered to the laws, usages and customs
of the general organization, though it be a minority of the
entire membership, constitutes the true association, and is
alone entitled to the use and enjoyment of the property, pro-
vided such minority embraces the minimum number necessary to
constitute the existence of the local organization. Union Be-
nevolent Society Nɔ. 8 v. Martin, etc.
... 25
2. Validity of Regulations.-The society can not change the ob-
jects of the association or add entirely different and independ-
ent objects to those embraced in the original articles, but it
may bind members by mere internal regulations, such as those
having for their purpose the more definite identification of
members in traveling, and the acquirement by members of
greater proficiency in the knowledge of the teachings of the
institution. Idem.

.... 26
3. Right of Member to be Reinstated.-In the absence of some
by-law of the order in force at the time of the schism making
such an act a dissolution of membership, it would seem that
any of the rebellious members would be entitled to be rein-
stated to membership and enjoyment with the other members
of the benefits and property of their society upon compliance
with the by-laws to which they have heretofore
Idem.

BILLS OF EXCEPTION-

See Carrier, 6.

BILLS AND NOTES-

objected.

26

1. Assignment-Liability of Assignor.-Under Kentucky Statutes.
section 481, every person who signs his' name upon the back
of a promissory note is liable as an assignor, unless a differ-
ent purpose is expressed in writing. American National Bank
v. Smallhouse, etc.
.147

Vol. 113]

INDEX.

Bills and Notes-Building and Loan Associations.

BILLS AND NOTES-Continued.

2. Estoppel to Plead Want of Diligence in Suing.-Where the holder
of a note was prevented from suing at the first term of the
court after the note matured by reason of the repeated assur-
ances of an assignor "that he would see the makers of the
note and have it either paid or secured, such assignor is es-
topped from pleading that he is released from liability by the
Idem.
failure to sue at that term.

.147
3. Estoppel to Make Defense to Note-Purchase Induced by Obligor's
Representations.-When the payor in a note, executed for the
price of land, induced another to buy the note by his repre-
sentation that he had no defense thereto, and that the note
would be paid when due, he is estopped as aaginst the assig-
nee to plead defect in the land by way of set-off or counter
claim, though he was not aware of the deficit when he made
the representation. Tichenor v. Owensboro Savings Bank &

Trust Co.

BOUNDARIES—

See Land.

BRIDGE COMMISSIONERS-

See Fiscal Courts, 1.

BUILDING AND LOAN ASSOCIATIONS—

.275

1. Rights of Borrowing Stockholder-Credit By Payment on Stock.-
A borrowing stockholder of an insolvent building and loan
association, which had made an assignment for the benefit of
creditors, was not entitled to credit on her loan for the amount
of dues paid on her stock, though she had, before the assignment
was made, ceased to pay, and had filed suit seeking to have
all her payments applied to the discharge of her debt, as the
association had been insolvent for some time before she quit
paying, and had been endeavoring to wind up its affairs with a
view to liquidation. Wills v. Paducah Building & Loan Asso-
...196
ciation.
2. Right of President to Plead Dissolution.-One upon whom pro-
cess against a corporation has been served as its president,
may show that the corporation has been dissolved, so as to
absolve it from suit. Economy Building & Loan Ass'n v. Paris
...246
Ice Mfg. Co.
3. Method of Dissolution.-Under the Kentucky Statutes, section
561, providing that any corporation organized under the present
law, "may, by the consent in writing of the owners of the
majority of its shares of stock, unless otherwise provided in
or amendments thereto, close
the articles of incorporation