Pa. Co. Ct. 265, holding existence of additional seal on bond not sufficient to charge obligee with notice that signature of surety is on condition that another signature be procured; Byrod v. Sweigart, 20 Lanc. L. Rev. 276, holding note signed on condition that it should not be binding unless signed by others named not enforceable unless so signed.

Cited in footnote to Hurt v. Ford, 41 L. R. A. 823, which denies right to make subsequent signature of another person essential to validity of note delivered to payee or his agent.

Cited in notes (45 L. R. A. 325) on conditional execution of contracts; (8 L. R. A. 735) on suretyship.

Distinguished in Yohn v. Shumaker, 28 Pittsb. L. J. N. S. 127, 5 Pa. Super. Ct. 322, 41 W. N. C. 30, holding surety delivering signed obligation to payee, with understanding that he is to procure signature of principal, who refuses to sign, not bound.

7 L. R. A. 750, PEPPER v. CAIRNS, 133 Pa. 114, 19 Am. St. Rep. 625, 19 Atl. 336.

Misappropriation of money by agent.

Cited in Lerch v. Bard, 162 Pa. 318, 34 W. N. C. 540, 29 Atl. 890, holding note not necessarily invalidated for want of delivery, where agent for lender and borrower deposited proceeds to individual account; Kirchner v. Schmid, 7 Misc. 461. 25 N. Y. Supp. 85, holding plaintiff cannot have mortgage canceled which his agent delivered to defendant and received value for; Himes v. Herr, 13 Lanc. L. Rev. 15, holding fact that attorney is usually employed by lender to receive moneys not sufficient authority to collect in particular case.

Declarations of agent as to authority.

Cited in Harvey v. Schuylkill Real Estate Title Ins. & T. Co. 24 Pa. Co. Ct. 599, holding authority of agent not provable by his declarations.

7 L. R. A. 752, PIERCE v. CLELAND, 133 Pa. 189, 19 Atl. 352. Servitudes; when license revocable.

Cited in Willis v. Erie City Pass. R. Co. 188 Pa. 67, 41 Atl. 307, holding license irrevocable when licensee has expended money upon faith of it; Bryn Mawr Hotel Co. v. Baldwin, 12 Montg. Co. L. Rep. 149, holding conveyance of part of estate implies grant or reservation, as case may be, of apparent servitudes created by vendor in favor of one portion against another, if intended to be permanent; Allegheny Nat. Bank v. Reighard, 32 Pittsb. L. J. N. S. 52, holding common entrance to two buildings on adjoining lots to be in nature of easement usable as long as building stood; Western U. Teleg. Co. v. Pennsylvania Co. 129 Fed. 858, holding that license in writing to occupy lands of railroad company for telegraph line, when ripened by use into interest in realty, becomes nonrevocable.

Cited in notes (10 L. R. A. 487) on effect of executed license; (49 L. R. A. 514) on revocability of license to maintain burden on land, after licensee incurred expense.

Distinguished in Baldwin v. Taylor, 166 Pa. 514, 31 Atl. 250, holding license to adjoining proprietor to use stairway, for temporary purpose, in consideration of conveyance of land, not assignable.

Rights of purchaser of servient estate.

Cited in Hunter v. Wilcox, 23 Pa. Co. Ct. 194, and Geible v. Smith, 146 Pa. 285, 29 W. N. C. 467, 28 Am. St. Rep. 796, 23 Atl. 437, holding purchaser of real estate takes subject to continuous and apparent servitude, in absence of express

reservation.

Equity; jurisdiction.

Cited in Manbeck v. Jones, 190 Pa. 175, 42 Atl. 536, Affirming 21 Pa. Co. Ct. 304, holding equity will enjoin obstruction of public highway, before question of right decided at law, when evidence conclusive as to existence of highway, and action for damages inadequate.

7 L. R. A. 755, BROOKHAVEN v. SMITH, 118 N. Y. 634, 23 N. E. 1002. Estoppel.

Cited in Blumenauer v. O'Connor, 32 Misc. 20, 66 N. Y. Supp. 137, refusing to order removal of encroaching wall where line practically determined by plaintiff at time of construction; Bloch v. Sammons, 37 Or. 604, 62 Pac. 290, holding party innocently misrepresenting title to property intending to influence purchaser estopped to assert contrary title; Moore v. Brownfield, 10 Wash. 444, 39 Pac. 113, holding party in honest belief that title in government, inducing another to settle and improve land, estopped to assert title; Wetmore v. Royal, 55 Minn. 168, 56 N. W. 594, refusing to correct mistaken date in mechanic's lien record as against purchaser on foreclosure misled thereby; Hazard v. Wilson, 22 Misc. 401, 50 N. Y. Supp. 280, holding mortgagee estopped to foreclose against improved acre covered by mortgage of tract where unselected acre released for cash; Teachers' Bldg. & L. Asso. v. Severance, 41 App. Div. 316, 58 N. Y. Supp. 464, holding acquiescence in mortgagor's deduction of interest each month for six years estops association to deny right; Moore v. Nye, 49 N. Y. S. R. 170, 21 N. Y. Supp. 94, holding mortgagee under deed absolute in form estopped by denial of interest in property to assert title against mortgagor's vendee; Mattes v. Frankel, 157 N. Y. 609, 68 Am. St. Rep. 804, 52 N. E. 585, Reversing 65 Hun, 208, 20 N. Y. Supp. 145, holding owner of adjoining lots estopped to deny vendee's right of way to lot sold, where pointed out during negotiations, though not included in deed; Williamson v. Jones, 39 W. Va. 269, 25 L. R. A. 237, 19 S. E. 436, holding owner causing void judicial sale of land and receiving proceeds cannot attack vendee's title after improvements made; Morris v. Wheat, 8 App. D. C. 387, holding party granting as guardian, but warranting in own right, estopped to deny grantee's title; Re Turfler, 1 Misc. 71, 1 Power, 402, 23 N. Y. Supp. 135, holding heir assenting to payment in accordance with intent of testator estopped to contest executor's account; Williams v. Whittell, 69 App. Div. 348, 74 N. Y. Supp. 820, holding party receiving benefits under sealed agreement not to attack will estopped to assert invalidity for want of consideration; Crawford v. Ormsbee, 6 App Div. 52, 39 N. Y. Supp. 740, holding heir estopped from contesting will, where conveyance was made to him by reversioner on strength of his statement that he would make no claim against the estate; Dovale v. Ackermann, 39 N. Y. S. R. 518, 15 N. Y. Supp. 196, holding party obtaining payments through admission that payer not legally liable estopped to assert liability; Munson v. Magee, 22 App. Div. 345, 47 N. Y. Supp. 942, holding party acquiescing in apparent valid release of contract estopped to assert invalidity against party incurring expense in reliance thereon; Dr. David Kennedy Corp. v. KenL. R. A. AU.-VOL. I.-65.

nedy, 26 App. Div. 603, 55 N. Y. Supp. 917, enjoining party selling good will of patent-medicine business employing his name, from receiving mail addressed to him; Dwight v. Williams, 25 Misc. 670, 55 N. Y. Supp. 201, holding creditors estopped where debtor could not assert invalidity of oral contract acted upon by third parties; Tobias v. Morris, 126 Ala. 551, 28 So. 517, holding estoppel for jury where wife made deposit, but permitted husband to give check signature to teller; Krakauer v. Chapman, 16 App. Div. 125, 45 N. Y. Supp. 127 (dissenting opinion), majority holding failure of creditor for two months to notify party authorizing purchaser to draw on him for amount of purchase, that first draft not in full, works no estoppel; Bank of Monongahela Valley v. Weston, 172 N. Y. 267, 64 N. E. 946, holding partner permitting use of firm name as accommodation indorser estopped from denying validity of such indorsement made after dissolution of partnership; McGuire v. Hall, 78 App. Div. 643, 80 N. Y. Supp. 1139, holding owner bound by arbitrary agreement with architect as to cost and exchange value of building, in estimating commissions; Western New York & P. R. Co. v. Rea, 83 App. Div. 579, 81 N. Y. Supp. 1093, holding owner, inducing lessee to believe that premises were owned by her husband and permitting substantial improvements, estopped to deny validity of lease; Horton v. Erie Preserving Co. 90 App. Div. 261, 85 N. Y. Supp. 503, holding subscriber of funds for building of factory estopped from avoiding same for delay in construction, where he permitted building to go on without protest; Re Turfler, 1 Power, 402, 1 Misc. 71, 23 N. Y. Supp. 135, holding residuary legatees, assenting to certain payments, estopped from claiming they were made illegally. Cited in footnote to Old Times Distillery Co. v. Casey, 42 L. R. A. 466, which holds right to enjoin use of trade-mark lost by ten years' delay.

Cited in notes (13 L. R. A. 270) on what constitutes equitable estoppel; (13 L. R. A. 271) on doctrine of estoppel in pais.

Distinguished in Marden v. Dorthy, 160 N. Y. 59, 46 L. R. A. 701, 54 N. E. 726, holding party not estopped even against bona fide mortgagees to deny signature to mortgage where obtained by trick and without negligence; Card v. Moore, 68 App. Div. 336, 74 N. Y. Supp. 18, holding parties forming imperfect. corporation not estopped, as between themselves, by contract making it party, to deny its existence; Syracuse Solar Salt Co. v. Rome, W. & O. R. Co. 67 Hun, 162, 22 N. Y. Supp. 321, holding owner not estopped by silence at foreclosure sale of street railway to assert title to highway against purchaser; Hey v. Collman, 78 App. Div. 587, 79 N. Y. Supp. 778, holding claimant of right of way not es topped from asserting title by adverse possession because silent at sale of servient tenement.

Tide lands.

Cited in note, (64 L. R. A. 336) on municipal ownership of tide lands.

7 L. R. A. 759, WELLS v. SALINA, 119 N. Y. 280, 23 N. E. 870.

On a subsequent appeal in 71 Hun, 565, 25 N. Y. Supp. 134, plaintiff is held to have right of action as equitable assignee of original claim.

Powers of municipality.

Approved in People ex rel. Coon v. Wood, 35 N. Y. S. R. 843, 12 N. Y. Supp. 436, holding town's resolution to pay specified amount per day for prosecution of criminal actions ineffectual to bind it in absence of statutory authority;

People ex rel. Bowles v. Burrell, 14 Misc. 220, 35 N. Y. Supp. 698, holding that unauthorized highway commissioners cannot pledge town's credit for repair of highways and bridges, notwithstanding local custom; Queens County Water Co. v. Monroe, 83 App. Div. 110, 82 N. Y. Supp. 610, holding that preliminary requirements of statute authorizing city to acquire land for increasing water supply must be strictly complied with; Water Comrs. v. Westchester County Waterworks Co. 176 N. Y. 251, 68 N. E. 348, holding appraisal of property of waterworks company, based on illegal contract with village, invalid.

Distinguished in Birge v. Berlin Iron Bridge Co. 133 N. Y. 486, 31 N. E. 609, holding act permitting special town meetings to vote on raising and appropriating moneys for bridges did not abolish pre-existing limitation upon amount of taxation; Mulnix v. Mutual Ben. L. Ins. Co. 23 Colo. 80, 33 L. R. A. 832, 46 Pac. 123, holding state not liable on quantum meruit for goods received under illegal purchase.

-To borrow money.

Approved in People ex rel. Read v. Smithville, 85 Hun, 116, 32 N. Y. Supp. 668, holding town not liable upon indebtedness because vote in incurring same not by ballot as prescribed; Scott v. Twombly, 20 Misc. 653, 46 N. Y. Supp. 1084, holding act authorizing villages to acquire lands for parks does not authorize issuing of bonds; Jamaica Sav. Bank v. New York, 61 App. Div. 471, 70 N. Y. Supp. 967 (dissenting opinion), majority holding that town may borrow money for authorized purpose where supervisors may authorize town to borrow for town purposes.

Cited in note (9 L. R. A. 497) on power of municipal corporations to borrow

money.

Limited in New York & R. Cement Co. v. Keator, 62 App. Div. 580, 71 N. Y. Supp. 185, holding that submission of proposition to raise money includes raising by issuing bonds or other obligations.

Distinguished in Birge v. Berlin Iron Bridge Co. 133 N. Y. 486, 31 N. E. 609, holding that special town meeting called for considering question of raising and appropriating moneys may apply for authority to borrow money.

7 L. R. A. 765, CARY LIBRARY v. BLISS, 151 Mass. 364, 25 N. E. 902. Municipalities as trustees.

Cited in note (16 L. R. A. 695) on authority of legislature to remove municipality from trusteeship.

Public charities.

Cited in Davis v. Barnstable, 154 Mass. 225, 28 N. E. 165, holding gift to promote public education constitutes public charity; St. Paul's Church v. Atty. Gen. 164 Mass. 198, 41 N. E. 231, upholding gift to library, first mentioning limited number of beneficiaries, but finally providing for use by public.

Cited in footnote to People ex rel. Atty. Gen. v. Dashaway Asso. 12 L. R. A. 117, which holds promotion of cause of temperance too vague description of purpose for which corporation formed.

Cited in note (13 L. R. A. 218) on power of municipal corporation to take and administer property in trust for charitable uses.

1028 L. R. A. CASES AS AUTHORITIES.

Gifts for benefiting inhabitants of town.

[7 L. R. A.

Cited in Sears v. Chapman, 158 Mass. 401, 35 Am. St. Rep. 502, 33 N. E. 604, upholding gift for public charity, the whole to be under exclusive control of inhabitants of town; Boston v. Doyle, 184 Mass. 380, 68 N. E. 851, holding title to charitable fund given by Benjamin Franklin to town of Boston to be in city of Boston.

Obligations arising out of acceptance of gift.

Cited in Quincy v. Atty. Gen. 160 Mass. 434, 35 N. E. 1066, holding direction in charitable gift requiring town to guarantee fund with 6 per cent interest not requiring guaranty of specified interest; Atty. Gen. ex rel. Spalding v. Nashua, 67 N. H. 480, 32 Atl. 852, holding by acceptance of gift city agrees to perform conditions attached to it.

Power of courts to modify details of management of charitable trusts. Cited in Lackland v. Walker, 151 Mo. 259, 52 S. W. 414, upholding power of court of chancery to alter administrative details of public charity when reasonably necessary.

Power of majority to bind board.

Cited in footnote to Honaker v. Board of Education, 32 L. R. A. 413, which denies power of members of board of education acting separately to bind themselves as board.

Power of state or corporation to take property.

Cited in Woodward v. Central Vermont R. Co. 180 Mass. 603, 62 N. E. 1051, holding amendatory act requiring corporation purchaser at foreclosure sale to pay judgments against mortgagor void; Old Colony R. Co. v. Framingham Water Co. 153 Mass. 563, 13 L. R. A. 334, 27 N. E. 662, holding legislature may authorize taking of land for public use previously appropriated by legislative authority to different public use.

Cited in footnotes to Re Brooklyn, 26 L. R. A. 270, which upholds act authorizing city to acquire property of water company; Butte, A. & P. R. Co. v. Montana U. R. Co. 31 L. R. A. 298, which holds railroad land not actually used or necessary subject to condemnation by other railroad; Diamond Jo Line Steamers v. Davenport, 54 L. R. A. 859, which authorizes condemnation for public wharf of land used by carrier as landing place; Denver Power & Irrig. Co. v. Colorado & S. R. Co. 60 L. R. A. 383, which denies power of reservoir company to condemn land devoted to purpose of railroad unless public necessity requires; Cleveland, C. C. & St. L. R. Co. v. Ohio Postal Teleg. Cable Co. 62 L. R. A. 941, which holds burden upon telegraph company to show right of way sought in railroad property will not interfere with railroad's use of right of way.

7 L. R. A. 771, MASON v. POMEROY, 151 Mass. 164, 24 N. E. 202. Second petition for accounting in 154 Mass. 482, 29 N. E. 51. Continuance of testator's business.

Cited in Packard v. Kingman, 109 Mich. 506, 67 N. W. 551, holding it competent for testator to provide for continuance of his business and subject all of his property to such purpose.

Remedy of creditors against trustees and estate.

Cited in Mayo v. Moritz, 151 Mass. 485, 24 N. E. 1083, holding creditor could not have whole of trust property sold and proceeds applied to pay his claim;