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CENTRAL LAW JOURNAL

WEEKLY DIGEST.

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1. Associations-Action Against.-In the absence of an enabling statute, a voluntary association has no legal existence and cannot be sued by its association name, and suits must be brought against the persons composing it individually.-Kimball v. Lower Columbia Relief Ass'n of Oregon, Ore., 135 Pac. 877.

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2. Attachment-Statutory Construction.-Owing to the harshness of the remedy by attachment, it should be construed, in accordance with the general rule applicable to statutes in derogation of the common law, strictly in favor of those against whom it is invoked.-Kelderhouse v. McGarry, 143 N. Y. Supp. 741.

3. Attorney and Client-Cessation of Employment. The death of a party terminated the authority of his attorney, so that the attorney could not be served with notice of appeal, and the Supreme Court would have no jurisdiction of an appeal taken upon notice of appeal served upon such attorney.-Oregon Auto-Despatch v. Caldwell, Ore., 135 Pac. 880.

4. Attorney and Client-Freedom from Suit. -Where a nonresident plaintiff, in an action pending in the United States court, employed an attorney residing in another state, such attorney, while attending the trial of such action, was privileged from being sued in such court.-Read v. Neff, U. S. D. C., 207 Fed. 890.

Under Bankr. 5. Bankruptcy-Discharge. Act, requiring the bankrupt to schedule the property that "he owns," and section 70a (4), vesting in the trustee property fraudulently conveyed, the bankrupt's omission to schedule property alleged to have been fraudulently transferred more than four months prior to the fling of the petition will not bar a discharge.-In re Hennebry, U. S. D. C., 207 Fed. 882.

6. Practice.-Bankruptcy Act, § 67f, providing that attachments and other liens obtained within four months prior to the filing of a petition in bankruptcy shall be void, and the property released and pass to the trustee, unless the court shall on due notice order the len

to be preserved for the benefit of the estate, is merely carrying out the general purposes of the bankruptcy act to secure to creditors the bankrupt's entire property.-Corey v. Blackwell Lumber Co., Idaho, 135 Pac. 742.

7.

Banks and Banking-Action.-A bank is not liable to a wholenale house, to whose salesman checks were given by a customer, which were wrongfully indorsed and cashed by him at the bank, for loss of the customer's business, due to a controversy with the customer, who claimed that the checks satisfied his indebtedness.-George Schechter & Co. v. Farmers' Nat. Bank, Ky., 159 S. W. 1140.

8. Bills and Notes-Duress.--Where defendants represented to plaintiff that there was a shortage in his accounts, and that, unless he made it good, he would be sent to prison, and plaintiff executed a note that night, and paid it the next day, the settlement of an attachment suit against his property was not a consideration, where he only learned of it by accident, and it was not considered between the parties. Nelson v. Leszczynski-Clark Co., Mich., 143 N. W. 606. 9. Bills and Notes-Good Faith.-The fact that an indorsee of a note took it at one-half of its face value, or that the transfer took place in a foreign country, does not indicate that the transaction was not in good faith.-Leih-undSparkassa Aadorf v. Pfizer, 143 N. Y. Supp. 744 a mort10. Negotiability.-Provision in gage that the mortgagor would pay the taxes on the mortgage on a certain contingency did not render the note for which it was security nonnegotiable for uncertainty in the amount payable, since it did not entitle the mortgages to recover such taxes as a part of the indebtedness, but only made the mortgage a lien therefor.-Des Moines Savings Bank v. Arthur. Iowa, 143 N. W. 556.

11.- -Pleading.-An allegation in a complaint in an action on a note that the note before its maturity lawfully came into possession of plaintiff for value is not equivalent to an allegation a holder in due course.that plaintiff was Laing v. Hudgens, 143 N. Y. Supp. 763. 12. Brokers-Contract

in Writing.- Since the original authority to procure a purchaser for land on commission must have been in writing, a ratification of an oral modification of such written agreement must also be evidenced by such writing.-Slotboom v. Simpson Lumber Co., Ore., 135 Pac. 889.

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13. Middleman.-Till terms are agreed on between the principals, a broker is merely a between the parties, and when a trade is made he has authority only to write out and sign the bought and sold notes, stating the terms agreed on, to satisfy the statute of frauds, and has no authority to sign a writ ten contract, as distinguished from a memorandum, where the trade is by word of mouth.-Hobart v. Lubarsky, Mass., 102 N. E. 936.

14. Carriers of Goods-Limitation of Liability. A reduction in the freight charges is a sufficient consideration for an agreement limiting the carrier's liability to a certain valuation of the interstate shipment where the shipper had an opportunity to ship at a full valuation.Metz v. Chicago, R. I. & P. Ry. Co., Kan., 135

Pac. 667.

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Common Carriers-Action.-Employes of a coal company are not entitled to maintain an action against a carrier for loss of employment caused by its failure to furnish cars to the company, by which they were employed as required by Ky. St. § 783.-Illinois Cent. R. Co. v. Baker, Ky., 159 S. W. 1169.

18. Criminal Law-Jurisdiction.-The circuit court of a county bounded by the St. Francis river, where it forms part of the boundary between Missouri and Arkansas, has jurisdiction of a prosecution for an offense committed on the Missouri side of the channel under the Enabling Acts of Missouri and Arkansas which granted concurrent jurisdiction over boundary rivers to each state and the statutes of Missouri and Arkansas ceding such jurisdiction to each other.-Brown v. State, Ark., 159 S. W. 1132.

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Damages-Death Without Eyewitnesses. -Where a person is killed in a casualty to which there are no eyewitnesses, due care on his part will be presumed.-Wisniewski v. Detroit, G. H. & M. Ry. Co., Mich., 143 N. W. 613.

20. Deeds-Equitable Interest. While a transfer of land made on the margin of the record of the deed to the assignor would not vest the legal title in the assignee as against the assignor's subsequent creditors, the transfer conveyed to the assignee an equitable interest to the amount of notes paid by him, which were executed by the transferrer and were a lien on the land, and the transferee could convey such interest.-Newsom v. Newsom's Trustee, Ky., 159 S. W. 1175.

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23. Eminent Domain-Estoppel.-An of land, who knowingly permits a corporation, possessing the power of eminent domain, to use or damage his property, may be limited to his remedy for damages.-Hall V. Crawford Co., Neb., 143 N. W. 741.

24. -Rightful Exercise.-The power of eminent domain can only be exercised for the needs of the party to whom the power has been given, and not for the benefit of another.-City of Spokane v. Spokane & I. E. R. Co., Wash., 135 Pac. 636.

25. Equity-Laches.-A person is guilty of laches in equity only when his conduct, negligence, do or delay have induced another to something, or abstain from doing something, whereby the latter would be injured if the former were allowed to enforce his rights, and the doctrine does not protect the fraudulent.-Taber v. Bailey, Cal., 135 Pac. 975.

26. -Multiplicity of Suits.-The fact that a number of persons have different demands against the same defendant of a like character, arising out of the same transaction, is not sufficient ground, under ordinary circumstances, for a court of equity to deny them the right to select the court in which such actions shall be prosecuted for the purpose of preventing a multiplicity of suits.-Illinois Cent. R. Co. v. Baker, Ky., 159 S. W. 1169.

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27. Estoppel-Distinguished from A "waiver" is a voluntary relinquishment of a known right, while "estoppel" is based on some misleading conduct or language of one person which, being relied on, operates to the prejudice of another.-Dahrooge v. Rochester-German Ins. Co. of Rochester, N. Y., Mich., 143 N. W. 608.

28. Evidence-Latent Ambiguity.-Parol evidence of the circumstances under which a deed was executed is admissible, where its terms are ambiguous.-White v. Shippee, Mass., 102 N.

E. 948.

29.

-Presumption and Inference.-A "presumption" is a rule which the law makes upon a given state of facts. An "inference" is a conclusion which, by means of data founded upon common experience, natural reason draws from facts which are proven.-Ensel v. Lumber Ins. Co. of New York, Ohio, 102 N. E. 955. 30. -Referendum.-It is the duty of the Secretary of State in the first instance, in his official capacity, to determine by an inspection of a referendum petition whether the signatures are genuine and regularly authenticated, and, it being the presumption that he has performed his duty properly, his conclusion will not be interfered with on a mere inspection of the petition. State v. Olcott, Ore., 135 Pac. 902.

31. Executors and Administrators-Gratuitous Services.-Where the relationship of the parties raised the presumption that they lived together and performed services as a matter of mutual convenience, the law will not imply a promise to pay for such services on presentation of claim against estate.-Turner v. Young's Ex'r., Ky., 159 S. W. 1165.

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33. Exemptions-Set-Off and Counterclaim. In view of the liberal construction given exemption laws, a debtor's right to exemptions cannot be defeated by a set-off or counterclaim. Grant v. Phoenix-Jellico Coal Co., ky, 159 S. W. 1161.

34. Explosives-Action.-Inasmuch as Pub. Acts 1909, No. 37, requiring receptacles containing gasoline, etc., to be plainly marked, provides no remedy for persons injured by its breach, the common law gives one.-Mohlin v. W'sconsin Land & Lumber Co., Mich., 143 N. W. 624. 35.

Fraud-Misrepresentations. While ordinarily misrepresentations as to value on a sale of goods are not the basis of an action for fraud, such action may be maintained where they are intentionally made to a person ignorant of the value with no opportunity to inspect. -Face v. Hall, Mich., 143 N. W. 622.

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36. -Proximate Cause.-A person is sponsible for those results of his fraud which were presumptively within his contemplation at the time the fraud was committed, and the for any person injured may recover injury which is the direct consequence thereof.-Walsh v. Paine, Minn., 143 N. W. 718.

37. Homicide-Dying Declarations.-Whether the preliminary proof is sufficient to justify the admission of an alleged dying declaration is for the court.-Harrrs v. People, Colo., 135 Pac. 785.

38. Husband and Wife-Maintenance.-In an action for separate maintenance, where the wife objected to being compelled to live with her husband's parents with whom she could not agree, the court might properly enter a decree requiring the husband to furnish her a home apart from that of his parents under a penalty of finding him guilty of desertion upon failure and awarding separate maintenance as an incident to such finding.-Hirschl v. Hirschl, Iowa, 143 N. W. 538.

39. Indemnity-Loss.-Where defendants contracted generally to indemnify plaintiff surety company against loss on bonds executed for defendant W., they were liable for a loss paid by plaintiff in good faith, notwithstanding plaintiff might have escaped liability by relying on a contract limitation on its bond.-Fidelity & Deposit Co. of Maryland v. Hibbler, Mich., 143 N. W. 604.

40. -Remedy Over.-A person constructing a sign over a sidewalk in such a position as to strike the head of a pedestrian is liable to the city for damages paid by it to the person injured.-Baillie v. City of Wallace, Idaho, 135 Pac. 850.

41. Injunction--Domestic Animals.-A permanent injunction will be issued to restrain trespass upon the lands of another.-Kimple v. owners from allowing domestic animals to Schafer, Iowa, 143 N. W. 505.

42. Insurance Delivery of Policy. Where plaintiff arranged with an insurance agent to reinsure on the expiration or cancellation of

policies, a delivery of a new policy, obtained through another agency on cancellation of an existing policy, to such agent constituted a delivery to plaintiff.-Warren v. Franklin Fire Ins. Co., Iowa, 143 N. W. 554.

43. Reinsurance.-A new fire insurance policy did not, as a matter of law fail to take the place of a policy written in another company upon delivery to insured by the underwriters and acceptance by the insured, though four days yet remained before the old policy could be canceled except by consent.-Ensel v. Lumber Ins. Co. of New York, Ohio, 102 N. E. 955.

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-Warranty.-A warranty that insured was in good health held limited to his knowledge and belief, and therefore a statement that he had never had pleurisy, pneumonia, or heart disease was not falsified by the fact that he died from a blood clot in the heart, and a post mortem indicated pleurisy, without proof of his knowledge that he had suffered from such disease.-Lakka v. Modern Brotherhood of America, Iowa, 143 N. W. 513.

45. Judgment-Antiquity.-Where the recit. als of a judgment are doubtful, the court may examine the whole record, and if the language admits of two constructions, adopt that one which is consonant with the facts and law of the case. Watson v. Lawson, Cal., 135 Pac. 961.

46.

Fraud.-Where it is claimed that judgment has been rendered on certain notes pursuant to a power of attorney contained therein as a result of the holder's fraud, the maker may obtain relief by suit to set aside the judgment and cancel the notes.-Pierce v. Hamilton, Colo., 135 Pac. 796.

47. Landlord and Tenant-Holding OverWhere a landlord permitted a tenant to hold over under a lease giving the landlord an option to extend the term for one year, this constituted an exercise of his option by the landlord. and extended the lease for one yearLowry Realty Co. v. Wiles, Minn., 143 N. W. 738.

48. Surrender.-A tenant could not refuse to surrender the possession of the leased premises at the expiration of his term to a subsequent lessee on the ground that such subsequent lessee leased the premises in order to prevent competition and secure a monopoly of the livery business in that city-Mattingly's Ex'r. v. Brents, Ky., 159 S. W. 1157.

49.

-Tennancy at Will-Continued possession by a lessee from a life tenant after the termination of the life estate, in the absence of anything to the contrary, is a tenancy at will-Sanders v. Sutlive Bros. & Co., Iowa, 143 N. W. 492.

50. Larceny-Accessory.-Accused was merely an accessory before the fact, and could not be convicted of larceny where he was not present aiding and assisting in stealing a particular cow, but merely encouraged another to steal cattle generally and sell them to accused.Hughey v. State, Ark., 159 S. W. 1129.

51. Libel and Slander-Good Faith.-Defendant's good faith in making the charge is no defense to an action for slander for calling plaintiff a thief.-Brandt v. Story, Iowa, 143 N. W. 545.

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-Innuendo.-An innuendo proper only when the words of the alleged libel are equivocal and admit of several meanings when plaintiff by the innuendo may fix the meaning he thinks they ought to bear.-Snyder v. Tribune Co., Iowa, 143 N. W. 519.

53. -Libel per se.-A defamatory written statement imputing to a contractor dishonesty or fraud in his business is libelous.-RobInson v. Coulter, Mass., 102 N. E. 938.

54. Mitigation of Damages.-Ordinarily the source of information out of which a libel grows and the good faith of the author are Immaterial unless the article shows that it is based on information of others; but if express malice is charged, it is admissible to prove good faith and the sources of information in mitigation of damages.-Snyder v. Tribune Co., Iowa, 143 N. W. 519.

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64. Mortgages-Building and Loan Association. Where plaintiff, accepting an application for a building loan, agreed to pay the same for the construction of the building as the work progressed, it was bound to pay the monev -Privilege.-Where an alleged libelous only for such building, and could not enforce article concerning plaintiff's conduct as a lawthe lien for such part of the proceeds as was yer with reference to certain court proceedpaid to the contractor and used by him for ings was & Loan not other purposes.-Equitable Savings a fair, true report thereof but contained much matter which, if false, would Ass'n. v. Hewitt, Ore., 135 Pac. 864. be libelous, it was not privileged.-Ingalls v. 65. Morrissey, Wis., 143 N. W. 681.

56. Punitive Damages.-Punitive damages should be assessed where slanderous words are spoken, without belief in their truth, for the purpose of injuring another's good name.-Brandt v. Story, Iowa, 143 N. W. 645.

57. Limitation of Actions-Demand and Refusal. Where one held corporate stock under an express continuing trust for two others and exchanged it for stock in another company, limitations could not be invoked against the right of the beneficiaries until after they had made a demand for the stock received in exchange and the demand was refused by the trustee.-Taber v. Bailey, Cal., 135 Pac. 975. 58. Master and Servant-Competent Servants. An employer is required to use reasonable care and diligence in the selection of competent servants; but he is not an insurer.Olsen v. Silverton Lumber Co., Ore., 135 Pac. 762.

59.-1 -Fellow Servant.-Where a railroad employe was killed in unloading logs from a car, due to his working partner throwing off a log when deceased was prevented from getting out of its way, held, that the accident was due to the negligence of the fellow servant.-Nylund v. Duluth & N. W. Ry. Co., Minn., 143 N. W. 739. 60. -Industrial Accident Board. A finding by the industrial accident board, under the workmen's compensation act, stands on the same footing as the finding of a judge or jury. -Pigeon v. Employers' Liability Assur. Corporation, Mass., 102 N. E. 932.

61. Promulgating Rules.-Where a crew of four men were working in plain sight and hearing of each other while unloading logs from flat cars, and the custom of giving warning of the release of the logs was omitted, and plaintiff was injured, though he knew that the men had gone to release them, the master was not negligent in not promulgating a rule that warning be given.-Corrigan v. New Dells Lumber Co., Wis., 143 N. W. 666.

62. Safe Appliances.-A rope used in lowering or raising an employe making excava

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Municipal Corporations-Abutting An abutting property owner has no right to damages on account of the change in the natural surface of a street to a grade line for the first time established in the course of its street normal and ordinary improvement for purposes. Muller V. Great Northern Ry. Co, Wash., 135 Pac. 631.

66. Action Against.-Where a municipality exercises a power granted to it for its own advantage, and not as a governmental agency, it is liable as an indivdiual or private corporation.-Blake-McFall Co. V. City of Portland, Ore., 135 Pac. 873.

67. Extending Limits. The Legislature has the power to define the limits of cities and towns and it may extend the boundaries whenever public necessity so requires; property and what shall be country property. persons holding their property subject to the legislative power to define what shall be urban -Gernert v. City of Louisville, Ky., 159 S. W. 1163.

68.- -Mob Violence.-A statute imposing absolute liability on a city for the destruction of mob property within its limits by violence, without regard to negligence, must be strictly construed.-Wells Fargo & Co. v. Jersey City, U. S.. D. C., 207 Fed. 871.

69. Negligence Comparative. The law does not consider the different degrees of negligence of the parties in determining whether plaintiff was guilty of contributory negligence.-Healey v. Perkns Mach. Co., Mass., 102 N. E. 944.

70. Concurrent.-Where two independent causes-one of responsible, the other of irresponsible, origin-unite in producing an injury contributing to plaintiff's damage, in so much that it can be said that the act of the defendant caused the injury, and that the cause of irresponsible origin would not alone have produced the injury, the defendant is liable, and, where the other cause would have produced the same damage had defendant not been negligent, he is not liable.-Miller v. Northern Pac. Ry. Co., Idaho, 135 Pac. 845.

71. Implied Warranty.-A manufacturer is liable only to his immediate vendee for breach

of an implied warranty respecting the merchandise manufactured by him, as his liability depends on privity of contracts; but exceptions exist where injury is caused by something noxlous or dangerous, or where the manufacturer practices fraud or deceit, or is negligent with respect to the sale or construction of a thing not imminently dangerous.-Mazetti v. Armour & Co., Wash., 135 Pac. 633.

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72. Partition Remaindermen.-While maindermen cannot be compelled to have their interests partitioned until they become entitled to possession, yet an action in partition which recognizes such vested interests of remaindermen is proper.-Shafer v. Covey, Kan., 135 Pac. 676.

73. Payment-Presumption of. The presumption of payment from lapse of time, where the debt is one not affected by the statute of limitations, is created, so as to shift the burden of proof as to such payment, at the expiration of the time at which ordinary debts would be barred by the statute.-Graves v. Stone, Wash., 135 Pac. 810.

74. Principal and Agent-Bills and Notes.Where an agent takes a note payable to himself, but his principal is the real payee, the latter may sue upon the note, even though it is not formally indorsed to him.-First Nat. Life Assur. Society of America v. Farquhar, Wash., 135 Pac. 619.

75. -Subagent.-A subagent engaged by an agent cannot recover his compensation from the principal unless the agent was authorized to procure a subagent.-Kinkead V. Hartley, Iowa, 143 N. W. 591.

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76. Rape Presumption of Chastity.-In prosecution for statutory rape the female is presumably of previous chaste character, and the burden is on the state to prove same only after defendant has introduced evidence to show the contrary.-Diffey v. State, Okla., 135 Pac. 942.

77. Receivers Counsel Fees.-Where the attorney of the receiver of an insolvent corporation participated in the entry of fraudulent confessions of judgment, counsel fees be awarded.-Phillips v. Hudson Film Co., 143 N. Y. Supp. 759.

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78. Reformation of Instruments-Omission.Where the purchaser agrees to assume a mortgage, but fraudulently induces the vendor to omit any reference thereto from the deed, on the ground that it might affect his credit, the deed way be reformed by inserting the omission.-Wollan v. McKay, Idaho, 135 Pac. 832.

79. Rewards Officers.-While ordinarily public officers cannot recover upon contracts for additional pay for the performance of their legal duties, a constable, who, in reliance upon an offer of a reward, did detective work, may recover; such work not being done within the scope of his ordinary duties.-Hartley v. Inhabitants of Granville, Mass., 102 N. E. 942. 80. Sales-Completed Transaction. There was no completed sale of goods, so as to vest title in the buyer, where, after the contract for the purchase of several barrels of whisky and a keg of gin was made, the seller took two barrels and a keg from his stock, and ascertained the amount of their contents, and shipped them to the buyer; the price having been left for determination according to the number of gallons in the barrels selected.Bondy v. Hardina, Mass., 102 N. E. 935.

81. Measure of Damages. Upon breach of the seller's representations that a horse sold was sound except as stated, the buyer's measure of damages would be the difference between the value of the horse at the time it was accepted when the sale was made and what it would have been worth had the horse been as warranted.-Patterson v. Gore, Mich., 143 N. W.

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83. Set-Off and Counterclaim-Definition."Set-off" is defined as a counterclaim or crossdemand, and a "counterclaim" as a species of set-off or recoupment, introduced by the Codes of Civil Procedure in several of the states, of a broad and liberal character.-Wollan v. McKay, Idaho, 135 Pac. 832.

84. Interest.-One indebted on a liquidated demand, who claims an unliquidated Bet-of amounting to much less than the debt, is liable for interest upon the amount which he admits be due.-Henrylyn Orchards Co. v. F. W. Meneray Crescent Nursery Co., Colo., 135 Pac. 980.

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85. Torts-Simulated Competition.- While men may engage in lawful competition for gain and supremacy in business without being liable for damages, though the competition drive another out of business, they may not engage in mere simulated competition for the sole purpose and with the sole intent of maliciously injurng others engaged n the same busness.-Boggs v. Duncan-Schell Furniture Co., Iowa, 143 N. W. 482.

86. Trusts-Consideration.-No consideration is necessary for a voluntary express trust without power of revocation.-Taber v. Bailey, Cal., 135 Pac. 975.

87.-Parol Evidence.-It is not necessary that an alleged trust should be based on a written instrument, since it may be proved entirely by parol.-Berry v. French, Colo., 135 Pac. 985.

88.

Vagrancy-Defined.-One

who travels about for the purpose of participatisg in different kinds of gambling is a vagrant, wthin the weaning of Kirby's Dig. § 2068.-Davis v. State, Ark., 159 S. W. 1129.

89. Vendor and Purchaser-Estoppel.-A vendor who waives a stipulation that time for the payment of the price in installments is of the essence cannot thereafter insist on a forfeiture for nonpayment without giving notice to the purchaser and an opportunity to comply therewith.-Gray v. Pelton, Ore., 135 Pac. 755.

90. Possession as Notice.-One purchasing real property is bound to take notice of the claims of one in possession.-Sanders v. Sutlive Bros. & Co., Iowa, 143 N. W. 492.

91. Rescission.-Where a check was given for a conveyance of land and the purchaser intended at the time to stop payment thereon and defeat the vendor's rights, the vendor may rescind the contract on the ground of fraud.Robbins v. Fitzgerald, Wash., 135 Pac. 656.

92. -Time of Essence.-A contract of purchase which stipulates for specified payments on designated dates, and provides that, if the purchaser fails to make any of the payments at the time specified, his rights shall be forfeited, make time of the essence, and a default in a payment called for works a forfeiture. -Gray v. Pelton, Ore., 135 Pac. 755.

93. Waiver.-No mere indulgences in a delay in making payments can be construed as a waiver of a vendor's contract right to declare a forfeiture of the payments made, where no element of estoppel involved.-Long v. Clark, Kan., 135 Pac. 673.

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94. Waters and Water Courses-Junior Ap: propriator.-Junior appropriators have a vested right to the continuance of conditions as they existed on the stream at and subsequent to the time they made their appropriations, including the general method of use of water therefrom. -Monte Vista Canal Co. v. Centennial Irrigat ing Ditch Co., Colo., 135 Pac. 981.

95. Riparian Owner. Right of riparian proprietor to use the waters of a stream on his riparian land equally with other riparian owners is superior to the rghts of mere appropriators, who have not acquired the rights, by prescription or grant from such riparian proprietor to use the water on nonriparian land.-Watson v. Lawson, Cal., 135 Pac. 961.

96. Insurance Accident.-In an action on an accident policy. a showing at deceased was killed in an affray with a burglar will establish the fact of acdental death and entitle the beneficiary to recover, unless death from such cause is exempted bv the policy. Allen v Travelers' Protective Ass'n. of America, Iowa, 143 N. W. 574.

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