tion for examination for degrees in law colleges or for admission to the bar.

This work has been very widely used and each answer is fortified by citation to some well known text book writer. The book gives answers generally based on the common law. though necessarily there are some subjects like Federal Procedure and the New Equity Rules. that lie outside of the common law. It is a very useful book to refresh the memory of a student and the answers are well chosen for clearness. accuracy and conciseness. The volume is very attractive in appearance and is published by West Publishing Co., St. Paul. 1914.

PRINCIPLES OF CORPORATION LAW.
SECOND EDITION.

Prof. Joseph C. France, Lecturer on the Law of Corporations in the University of Maryland, produces a second edition to his treatise on the Principles of Corporation Law of 1903.

This work has been prepared principally for the use of students and while to some extent the work is generally local in its character, yet its treatment is so much along general lines as to make the book of service to practitioners.

The work is upon thick heavy paper, the binding in law buckram and is sent out by M. Curlander, Law Bookseller, Publisher and Importer. Baltimore.

1914.

HUMOR OF THE LAW.

A colored gentleman, on trial for his life in a remote Tennessee town, was asked by the judge if he had anything to say, whereupon he replied:

"All I has to say is this, Judge: If you hangs me, you hangs the best bass singer in Tennessee."-Everybody's Magazine.

They

"Gentlemen of the jury," said William VanCleave, prosecuting attorney of Macon County. Mo., in his maiden speech on a manslaughter case, "I ask you to consider that old man, Hack, who the defense called in this trial. Hack's shifty eyes darted about everywhere. looked at the jury, then at the judge, wandered over to the lawyers at the defendant's table, and then he would gaze at the attorneys for the state, but I will leave it to you men that never once did he look at a gentleman!"-The Green Bag.

Recently one of the judges in Chicago was hearing a motion for the increase of alimony. Finally, after the Court had announced its decision to increase the alimony, the opposing attorney became most vehement in his remarks. After listening as long as he could restrain himself, the judge finally exploded with:

"Why, Jesus Christ! Good God Almighty-" then catching himself and looking at the hushed courtroom, he saved himself by ending-"made the sun revolve and days and seasons to come and go; and that is enough change of conditions to warrant the increase where the woman needs it "-The Green Bag.

1.

1. 4, 5, 7, 8, 13, 18, 23, 47 .2, 6. 10, 76

.42, 51, 73 9, 20, 52, 85 27, 55, 56, 57, 71

82

Bankruptcy-Amendment.-Where a claim against a bankrupt's estate was originally filed within the year, but was disallowed, and subsequent proceedings showed that it should have been filed for a larger amount, the amendment filed after the year had expired was not barred by the one-year limitation specified by Bankr. Act. § 57n.-In re Hamilton Automobile Co., C C. A., 209 Fed. 596.

2. Bill of Sale.-Where defendant, having a bill of sale conveying a right to cut timber from certain land, agreed to assign the same to the bankrupt, and delivered the bill of sale to it, such act was sufficient to transfer the title. -Cullen v. Armstrong, U. S. D. C., 209 Fed. 704. 3. Composition.-The purpose of a composition agreement is the same that of ordinary proceedings in bankruptcy, in that it provides for the pro rata distribution of the bankrupt's assets, and the effect of an order of dismissal by compensation is the same as that of an order of discharge.-Herrington v. Davitt, 145 N. Y. Supp. 452.

4. Conditional Sale.-A contract of conditional sale of machinery to a bankrupt, duly filed in accordance with Gen. St. Kan. 1909, though within four months prior to bankruptcy, held not a "transfer" by the bankrupt to the claimant, but a retention of title in him and enforceable against the bankrupt's trustee.Baker Ice Mach. Co. v. Bailey, C. C. A., 209 Fed. 603.

5. -Liquidation.-An agreement between a trustee and a secured creditor as to the value of the latter's security, made while both were parties to a suit in which the question was involved, held a liquidation by litigation, which entitled the creditor to prove the unsecured part of the claim within 60 days.-First Nat. Bank v. Cameron, U. S. C. C. A., 209 Fed. 611. 6. Pleading.-In view of new equity rule 29 abolishing demurrers, a demurrer will not lie to a petition in involuntary bankruptcy.In re Jones, U. S. D. C., 209 Fed. 717.

7.

Practice.-A bank will not be allowed

to set off a deposit made by a bankrupt shortly prior to the bankruptcy against a previous indebtedness of the bankrupt contrary to the agreement under which the deposit was made: -Farmers' & Merchants' State Bank of Waco, Tex., v. Park, C. C. A., 209 Fed. 613.

8.- -Preference.-Creditors who petitioned for review of an order of a referee and obtained its reversal held not entitled to preference over other creditors having precisely similar claims who did not join in the petition.in re Jamison Bros. & Co., C. C. A., 209 Fed. 541.

9. Banks and Banking Assignment.-The directors of an insolvent bank cannot make a general assignment for creditors, but such deed can only be executed by the stockholders. Winston v. Gordon, Va., 80 S. E. 756.

10. Notice. Where a bank making loans to a mercantile company on assignments of its accounts receivable as collateral appointed the president of the company its agent to collect the accounts and deposit the proceeds, it was bound by his knowledge of the company's insolvency.-In re Cotton Manufacturers' Sales Co., U. S. D. C., 209 Fed. 629.

12.

Novation.--Where a contract for sale of cotton, apparently legal, was transferred to an innocent transferee for value, and the seller gave a note for damages agreed on in the contract, without disclosing that the contract was illegal, and the maker of the note gave a new note, held, there was a novation which precluded setting up e illegality of the original contract in an action on the note.-Russell v. Turner, Ga., 80 S. E. 731.

13.- -Parties.-A holder of indorsed negotiable paper may maintain a suit thereon against the maker, though he is acting as agent or trustee for others.--Loeb v. Weil, C. C. A., 209 Fed. 608.

14.- Pleading.-In an action on a note, want of consideration is not available as a defense unless pleaded.-Sharp v. Sharp, 145 N. Y. Supp. 386.

15. Brokers-Fraud.-A real estate broker's failure to communicate a cash offer to his principal according to directions, as the result of which the principal exchanged his land with another, who immediately resold the land to the cash purchaser, held to be a fraud upon the principal, so as to preclude the broker from recovering commissions.-Moore V. Kelley, Tex., 162 S. W. 1034.

16. Burglary House-Breaking.-A showcase or show window which was made into and was a part of a house constituted a part of the "house," so that a breaking thereof and the taking of shoes therefrom was the breaking of a house.-Lewis v. State, Tex., 162 S. W. 866.

shipper.-Galveston, H. & S. A. Ry. Co. v. Sparks Tex., 162 S. W. 943.

18. Carriers of Live Stock-28-Hour Law.A terminal railroad company held not to have violated the 28-Hour Law by accepting from a connecting carrier cars of cattle which had already been confined for a longer time than permitted by the statute, and moving them with all reasonable dispatch to the nearest stockyards and there unloading them for rest, feed and water.-St. Louis Merchants' Bridge Terminal Ry. Co. v. United States, C. C. A., 209 Fed. 600.

19. Carriers of Passengers-Contributory Negligence. A passenger on an interurban car ex-' tending his hand over the guard rail to flick the ashes from his cigar, so that his hand struck a tree, and broke his wrist, was guilty of contributory negligence as a matter of law. -Malakia v. Rhode Island Co., R. I., 89 Atl. 337.

20. Ratification.-The failure of a railroad to discharge a conductor, prior to trial, who was charged with assault, in an action for damages, was not a ratification of the assault.Southern Ry. Co. v. Grubbs, Va., 80 S. E. 749.

21. Chattel Mortgages-Subsequent Purchases. In absence of express provisions to that effect, a mortgage of a stock of goods would not cover other goods subsequently purchased from the trustees of the stock mortgaged, or otherwise. In re Thompson, Iowa, 145 N. W. 76.

22.

Conspiracy-Evidence.-In a prosecution for conspiring to obtain property by false pretenses by inducing the purchase of books by false representations, an order for books by prosecuting witness, expense checks given the co-conspirator, and notes given for the books were admissible as evidence of acts accomplished in the common design, though they were not "property" within the indictment.People v. Warfield, Ill., 103 N. E. 979.

27. Corporations Charitable Bequest.—A bequest to a foreign corporation capable of taking, for the general benefit of a religious denomination, held not violative of statute or public policy.-Osenton v. Elliott, W. Va., 80 S. E. 764.

28. Directors.-Directors of a private business corporation owe a duty of caring for the property and of managing its affairs honestly, and if they violate such duty they may be compelled to make restitution.-United Zinc Cos. v. Harwood, Mass., 103 N. E. 1037.

29.- -Liability of Directors.-Officers and directors of a corporation, though having falsely stated the amount of capital paid in, in the annual statement for 1909, held not personally liable for a corporate debt not created until after the annual statement for 1910 was filed which correctly stated the amount of capital paid in.-Felker v. James, Ark., 162 S. W. 776. 30. Notice.-One who takes the check of a corporation in payment of the personal obligation of an officer is charged with notice of the account on which the check is drawn, and the corporation may recover from him if its funds are misapplied by its officer in drawing the check and it finally suffers loss thereby.-St. Louis Charcoal Co. v. Moore, Mo., 162 S. W.

23. Contempt-Reasonable Doubt.-A tempt proceeding entitled as such and brought to punish accused for alleged perjury in attempting to qualify himself as surety on bail bond being criminal, accused will be presumed innocent until his guilt is established beyond a reasonable doubt.-Jones v. United States, C. C. A., 209 Fed. 585.

24. Contracts-Act of God. In absence of statute, one who expressly contracts to do a thing is not as a rule excused from performance because it is rendered impossible by an act of God.-Northern Irr. Co. v. Dodd, Tex., 162 S. W. 946.

25.--Concealment.--Intentional concealment of material facts which it is a party's duty to disclose, and which would contradict statements made by him on which the other party to his knowledge is relying, held an element of fraud. Stotts v. Fairfield, Iowa, 145 N. W. 61.

33. Death-Proximate Cause.-In an action for negligent death in collision between vehicles, caused by the viciousness of a team of mules belonging to defendant, a corporation, an instruction authorizing recovery if the team was uncontrollable, and was known to be so by defendant, or would have been known to be so by the exercise of ordinary care, held to properly predicate liability on the negligence of the company alone.-American Express Co v. Parcarello, Tex., 162 S. W. 926.

34. Deeds-Delivery.-A deed delivered to a third person, with directions to keep it until the grantor's death and then deliver it to the grantee, held to vest the grantee with absolute title upon the grantor's death and delivery of the deed to him by the depositary.-Dickson v. Miller, Minn., 145 N. W. 112.

35. Habendum Clause. The granting clause need not name the heirs of the grantor and grantee, especially where the habendum clause undertakes to pass a remainder.-Yeager v. Farnsworth, Iowa, 145 N. W. 87.

alimony, though no formal order adjudging him guilty of contempt was entered.-Bates v. Bates. 145 N. Y. Supp. 411.

37.-Detective.-The testimony of a hired detective wholly uncorroborated is not sufficient to authorize the granting of an absolute divorce.-Enders v. Enders, 145 N. Y. Supp., 450.

38. Equity-Ambulatory Decree.-Although a decree has been signed by the judge, it is nevertheless ambulatory until final adjournment of the term and subject to revision and modification during that period to effect the ends of justice.-Bartak v. Isvolt, Ill., 103 N. E. 967. 39. Laches.-Where the managing partner of a firm concealed the ownership of stock from creditors, and the corporation during such time was in a highly prosperous condition, the doctrine of laches would not estop such creditors from subjecting the stock.-Breyfogle v. Bowman, Ky., 162 S. W. 787.

40. Evidence--Mailing Letter.-A letter deposited in the mails, postage paid, and properly addressed, will be presumed to have reached its destination.-Ruder V. National Council Knights and Ladies of Security, Minn., 145 N. W. 118.

41.-Non-Expert.-A non-expert may not give his opinion as to testator's mental capacity, in the absence of a showing that he had adequate knowledge and was qualified to press such an opinion.-Whisner v. Whisner, Md., 89 Atl. 393.

ex

of

42.- -Presumption.-A "presumption fact" is an argument which infers a fact otherwise doubtful from a fact which is proved, and hence must rest on a fact already in proof.Fadden v. McKinney, Vt., 89 Atl. 351.

43. Execution-Exempt Property.-A creditor may subject to the payment of his debt any unexempt property of the debtor, and if the creditor subjects property of the debtor to the payment of his debt in part, he may again subject it in satisfaction of the unpaid part of the debt if the debtor subsequently becomes the owner of the same property.-Breyfogle V. Bowman, Ky., 162 S. W. 787.

44. Executors and Administrators—Suit By. -Although the proper form of action on a cause arising out of the administration of an estate is by the personal representative individually, barring his right or title on his letters testamentary, yet he may sue either individually or in his representative capacity.Leavitt v. Jas. F. Scholes Co., N. Y., 103 N. E.

965.

45. Fixtures-Intention.-The test for determining whether fixtures retain their character of personalty after annexation is the intention and consent of the owner of the realty, and they become a part of the realty in the absence of agreement by such owner that they shall remain chattels Crocker-Wheeler Co. v. Genesee Recreation Co., 145 N. Y. Supp. 477. 46. Garnishment-Remittitur.-A judgment which had been affirmed on condition that plaintiff file a remittitur was not, before a motion for rehearing was overruled, final so as to be subject to garnishment.-Dodson V. Warren Hardware Co., Tex., 162 S. W. 952.

47. Habeas Corpus Fugitive from Justice.In determining the judicial question whether a fugitive from justice has been lawfully demanded from the asylum state, in a proceeding for his discharge on habeas corpus, the court cannot take into consideration the question whether or not he will be accorded a fair trial in the demanding state.-United States ex rel. Brown v. Cooke, C. C. A., 209 Fed. 607. 48. Homestead Abandonment.-Where the husband, as head of the family, acting in good faith, voluntarily abandons the land upon which he lives, it loses its homestead character.Blatchley v. Dakota Land & Cattle Co., N. D., 145 N. W. 95.

49. Partition Suit.-The court, in a partition suit by the children of a deceased hus

band and his surviving wife, must set aside the homestead for the use of the wife and her minor children.-Meyers v. Riley, Tex., 162 S. W. 355.

50. Husband and Wife-Community Estate. -Property belonged to a community estate, though the husband was a mere settler under a pre-emption claim, and occupancy had not been completed at the death of his wife.-Adams v. West Lumber Co., Tex., 162 S. W. 974.

51. Renewal Note.-That a note executed by a married woman to a bank was several times renewed and the note sued on was given after she became sole for a balance of the debt did not prevent her from urging any defense against the latter which she could have raised against the original note.-First Nat. Bank v. Bertoli, Vt., 89 Atl. 359.

52. Injunction-Negative Covenant.-Equity cannot interfere by injunction to prevent the breach of a negative covenant, unless it appears that the complainant has no adequate remedy at law. Lanston Monotype Mach. Co. v. TimesDispatch Co., Va., 80 S. E. 736.

53.- Ordinance.-Equity will restrain the enforcement of a void criminal ordinance where its enforcement will work an irreparable injury to property for which complainant has no adequate remedy at law.-Ray v. City of Belton, Tex., 162 S. W. 1015.

54. Insurance Notice of Injury.-Failure to give notice of injury within ten days was not waived by insurer's denial of liability on another ground without referring to the failure to give such notice.-Smith v. Arkansas Nat. Ins. Co., Ark., 162 S. W. 772.

55. Obvious Risk.-One injured while attempting to cross a railroad track immediately in front of a rapidly approaching train exposes himself to "obvious risk of injury or obvious danger," within an exception in a policy of accident insurance.-Combs v. Colonial Casualty Co., W. Va., 80 S. E. 779.

56. Landlord and Tenant-Estoppel.-The mere execution of a lease under which the lessee does not take possession does not estop him from denying the lessor's title.-William James Sons Co. v. Hutchinson, W. Va., 80 S. E. 768.

57.- Waiver. Where a lessor, with knowledge of a lessee's breach of a restriction of an assignment, permits the assignee to remain in possession and accepts subsequently accruing rents from him, the breach is waived. Kanawha-Gauley Coal & Coke Co. v. Sharp, W. Va., 80 S. E. 781.

58. Larceny Asportation.-Where defendant, having the custody of an animal belonging to another, went to a field, pointed it out, and sold it to a third person, who in his absence took it from the field and put it in his own pasture, defendant was not guilty of a felonious asportation.-Ridgell v. State, Ark., 162 S. W.

773.

59.

Master and Servant-Fire Escapes.-Labor Law, requiring fire escapes on factories three stories high. is mandatory, and failure to comply resulting in death of an employe is actionable negligence.-Amberg v. Kinley, 145 N. Y. Supp. 394.

60. Independent Contractor.-Where plaintiff agreed to remove a water tank for defendant for a certain sum, and selected his own appliances and employed his own assistants in doing the work, he was an "independent contractor" and not a servant.-Wells V. W. G. Duncan Coal Co., Ky., 162 S. W. 821.

61. Mortgages-Power of Sale. It is the duty of one acting under a power of sale to use that reasonable degree of effort and diligence to protect the interests of the mortgagor, the owner of the equity of redemption, and junior lienors, to the observance of which he is bound by the obligation of good faith.--Bon v. Graves, Mass., 103 N. E. 1023.

62. Municipal Corporations-Agency.-A municipality, like a private corporation, is liable for the acts of its agents only when they are acting within the scope of their employment. Bigelow v. City of Springfield, Mo., 162 S. W. 750.

63. -Shade Trees.-A telephone company is liable to a property owner for the destruction

of shade trees, located in the parkway between the sidewalk and street, in placing its wires and poles, notwithstanding the facts that it had the right to erect the poles in the place it did.— Rienhoff v. Springfield Gas & Electric Co., Mo., 162 S. W. 761.

64. Navigable Waters-Riparian Owners.-The meandering of a stream under the authority of the government, though conclusive of its navigability so far as the rights of riparian owners are concerned, does not constitute such line a boundary line in a strict and conclusive sense, and the riparian owners have such rights of ownership beyond such line as result from accretion.-State v. Livingston, Iowa, 145 N. W.

91.

65. Negligence Licensee.-A "licensee' is a person who is neither a passenger, servant, or trespasser, and does not stand in any contractual relation with the owner of premises, and who is permitted to go thereon for his own interest, convenience, or gratification.-Patten v. Bartlett, Me., 89 Atl. 375.

66.- Manufacturer.-Where a manufacturer of automobiles' maue no examination of wheels purchased from a reputable dealer other than to give the machine a road test, it was guilty of negligence; it being obvious that a defective wheel might cause serious injuries, and that the defects might, by proper inspection, be discovered.-MacPherson v. Buick Motor Co., 145 N. Y. Supp. 462.

67. Proximate Cause. In an action against a landowner for the death of a child of six years, drowned in an uninclosed pond, the fact that the child was chasing a chicken on the bank of the pond, where he and his brother had been fishing, does not establish any intervening cause, freeing defendant from liability. -Thomas v. Anthony, Ill., 103 N. E. 974.

68. Notice Public Records.-Public records are only constructive notice of what one would discover by examining the recorded instruments, and not of what he might ascertain by following an inquiry suggested by inspecting them. Adams v. West Lumber Co., Tex., 162 S. W.

974.

69. Nuisance Legislative Declaration.That which is not in fact a nuisance or injurious to public health cannot be made so by a declaration of the Legislature or a city council.-Ray v. City of Belton, Tex., 162 S. W. 1015.

70. Partnership-Good Faith. Where two persons occupy confidential relations toward each other, as where one partner has the assets of the firm and is managing partner, he will not be allowed to take advantage of his position to defraud the other. Breyfogle V. Bowman, Ky., 162 S. W. 787.

71. Principal and Agent-Agent's Liability.A person who performs services at the request of an agent who fails to disclose his principal may recover from the agent, though he may have had reason to suspect the agency.—Curtis v. Miller, W. Va., 80 S. E. 774.

72.

Good Faith.-An agent who fails to disclose any fact which would naturally influence his employer's conduct or acts adversely to his employer is guilty of a fraud upon him, so as to forfeit his right to compensation. -Moore v. Kelley, Tex., 162 S. W. 1034.

73.- -Proof of Agency.-The fact of agency cannot be shown by the mere acts and declarations of the alleged agent.-First Nat. Bank v. Bertoli, Vt., 89 Atl. 359.

74.- -Ratification.-Where defendant accepted the fruits of a sale negotiated by another person, he must be deemed to have adopted the methods employed by such person in the sale and whether innocent or not, if such person was guilty of fraud, defendant was jointly guilty.Green v. Waddington, N. Y., 103 N. E. 964.

75. Property Board of Trade.-Membership in a board of trade is property.-In re Personal Property Tax in St. Louis County, 1912, Minn., 145 N. W. 108.

76. Sales-Assignment.-An assignment of an account for merchandise sold, even if it attempts to do so, cannot operate as a conveyance of the merchandise, since the sale producing the account devested the assignor's title.-In re Cotton Manufacturers' Sales Co., U. S. D. C.. 209 Fed. 629.

77. Specific Performance-Husband and Wife. -In an action for specific performance of a contract for the conveyance of land executed by a married man, the court cannot compel the wife of the grantor to join in the conveyance where she was not a party to the contract.-Bartak v. Isvolt, Ill., 103 N. E. 967.

78. Telegraphs and Telephones-Free Delivery Limits.-Where a telegraph company establishes free delivery limits, the burden rests on it to ascertain whether the addressee of a message resides within the limits, and if necessary, make demand for the requisite fee for delivery beyond the limits.-Western Union Telegraph Co. v. White, Tex., 162 S. W. 905.

79. Mental Suffering. A telegraph company is liable for damages from mental suffering on the part of any person who is not referred to in a message, unless it has notice that such other person is interested in its prompt delivery.-Western Union Telegraph Co. v. Taylor, Tex., 162 S. W. 999.

80. Negligence.-A telegraph company cannot relieve itself from the liability caused by gross negligence.-Weld V. Postal Telegraph Cable Co., N. Y., 103 N. E. 957.

81.

Trusts Agency.-There is a presumption that an agent duly authorized to collect money for his principal has done his duty and delivered the money, and hence a judgment, charging the agent's estate with a constructive trust on the theory that he had converted the money, cannot be sustained, in the absence of evidence to that effect.-Swan v. Price, Tex., 162 S. W. 994. 82. Husband and Wife.-Where plaintiff's deceased husband spent her money which he held as agent and for which he was liable to account. plaintiff has only a legal claim against his estate, where it is not shown that the money went into any property held by the husband at his decease.-Wisdom v. Wisdom, Wis., 145 N. W. 126.

83. Usury-Payments.-Payments made upon a contract affected with usury are applied by law as payments upon the principal, even though paid and received as interest.-Cotton v. Beatty, Tex., 162 S. W. 1007

84. Waters and Water Courses-Act of God.The exception to the general rule that an act of God will not excuse nonperformance of a contract, which excuses performance where it depends upon the continued existence of а particular thing or person which ceases to exist, would not apply to excuse nonperformance of a contract to furnish water for irrigation prevented by a drought stopping the usual water supply; the contract providing for damages for failure to furnish water-Northern Irr. Co. v. Dodd, Tex., 162 S. W. 946.

85. Wills-Alterations.Where words in a will are stricken out, in the absence of evidence to the contrary, it will be presumed that they were stricken out by the testator himself.Wilkes' Adm'r v. Wilkes, Va., $0 S. E. 745.

86. Contest.-Compromise agreement between proponent's representatives and group of will contestants held not to regulate the rights of each group, as among themselves, or to abrogate the contracts previously made by the contestants, adjusting the question of expenses, and hence there was no trust impressed on the estate in favor of one who had incurred expenses on behalf of the contestants.-Coram v. Davis, Mass., 103 N. E. 1027.

87.

-Probate.-Attempts to defeat the probate of unwelcome wills by a family arrangement connived at by attesting witnesses are con trary to public policy and should be frustrated in a court of probate if possible. In re Solomon's Estate, 145 N. Y. Supp. 528.

88. Revocation.-Where a will once in testator's possession cannot be found at his death. or where it remains in his possession until his death, and is then found among his papers, with erasures, cancellations, or tearings, the presumption is that he destroyed or canceled it animo revocandi.-Burton v. Wylde, 111, 103 N. E. 976.

89. -Undue Influence.-Unless the influence which the law denounces as undue influence was effective at the immediate time of making a will, the will cannot be said to be a product of that influence.-Thomas v. Cortland, Md., 89 Atl. 414.