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ITEMS OF PROFESSIONAL

INTEREST.

BAR ASSOCIATION MEETINGS FOR 1916WHEN AND WHERE TO BE HELD.

American-Chicago, August 30, 31 and September 1.

Alabama-Decatur, July 14 and 15.
Arkansas-Little Rock, May 30 and 31.
Florida-Atlantic Beach, June 16 and 17.
Georgia-Tybee Island, June 1, 2 and 3.
Illinois Chicago, June 1, 2 and 3.
Iowa-Dubuque, June 29 and 30.
Kentucky Louisville, July 6 and 7.
Louisiana-Opelousas, May 5 and 6.
Maryland-Deer Park, June 29, 30 and July 1.
Michigan-Battle Creek, June 30 and July 1.
Mississippi Laurel, May 2.

Montana-Missoula, latter part of July.
New Hampshire-Newcastle, June 30 and
July 1.

New Jersey-Atlantic City, June 16 and 17. North Carolina-Wrightsville Beach, June 28 and 29.

Ohio-July 11, 12 and 13. Place not fixed. Oregon-Portland, November 21. Pennsylvania-Bedford Springs, June 27, 28

and 29.

Wisconsin-Oshkosh, June 28, 29 and 30.

BOOKS RECEIVED.

Federal Employers' Liability Act. Practitioner's Manual; Digest of Decisions under Act; Judicial Law in Language of Court Interpretations; Forms of Pleading under Requirements of Act; Safety Appliance and Hours of Service Acts. By John A. Walgren, of the Chicago Bar, Associate Editor of Illinois Annotated Statutes and Continental Legal History Series. Price, $2.00. Chicago. T. H. Flood & Co. 1916. Review will follow.

Commercial Mortmain. A Study of the Trust Problem. By John R. Dos Passos, of the New York Bar, author of "The Law of Stock Brokers & Stock Exchanges," "Interstate Commerce Act," "Commercial Trusts," "The Anglo-Saxon Century," "The American Lawyer." Price, $1.35. New York. The Bench and Bar Company. 1916. Review will follow.

HUMOR OF THE LAW.

"Never mind, old man," said the sympathetic friend. "You've got the law on your side."

"I know it," replied the man who was trying to recover damages from a soulless corporation, "but the lawyers are on the other side."

A lawyer noted for his laconic style of expression sent the following terse and witty note to a refractory client who paid no attention to reiterated demands for the payment of his bill:

"Sir, if you pay the enclosed bill, you will oblige me. If you don't, I shall oblige you."— American Legal News.

A former St. Louis judge tells this one:

It was before the existence of the FamousBarr Company and the Barr store was one of the leading retail establishments of the city.

On the first day that the judge was to sit on the bench after his election, Henry, the aged negro porter, entered the Judge's office and announced that he was ready to "spruce the jedge up a little." Much to his disappointment no whisk broom could be found. Each morning the negro appeared, but still there was no broom.

Finally he remonstrated with the judge. "It's shore a shame for you to 'pear on dat bench without being brushed off. Why don't you get a broom?" said Henry.

That afternoon the judge called Henry into his office and gave him a check for $25 and said: "Henry, take this to the bank and get it cashed for me and on the way back stop at Barr's and buy a whisk broom." Henry brought back the money with the exception of fifteen cents and received a 10-cent tip.

The next morning the judge called Henry into his room and said:

"Now, Henry, you can use that new whisk broom on my clothes."

Henry looked mystified and asked if his honor had purchased a whisk broom.

"Henry, don't you remember that I told you to go to Barr's and buy a whisk broom? You kept 15 cents out of the change I sent you after. Did not you get the broom?" asked the judge.

"Lawd sakes, jedge," replied Henry, "I shore thought you told be to go to the bar and get a whisky."-St. Louis Post-Dispatch.

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Abortion-Evidence.-That drugs prescribed for purpose of producing miscarriage were not administered in doses sufficiently large to produce that result, held not to prevent acts constituting offense under Crimes Act, § 119. -State v. Mandeville, N. Y. Supp., 96 Atl. 398.

2. Adjoining Landowners-Notice.-Notice to an adjoining landowner that an excavation was to be made was not notice that it would be made in a negligent manner, but that ordinary and reasonable care and prudence would be used and that the excavation would be made in workmanlike manner.-Bank of Wheatland Gray, Wyo., 154 Pac. 593..

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Adverse Possession-Evidence.-One holding a parcel of land under the mistaken belief that it was the part of another survey holds it adversely, and his continued holding will ripen into title.-Le Moyne v. Neal, Ky., 181 S. W. 1119.

4. Animals-Joint Tort-feasors.-A son, who owned a dog and lived with his mother on whose premises he kept the animal with her consent, and mother were jointly liable to the mother's guest, bitten by the dog, under Ky. St. § 68a, subsec. 5, providing that every person owning or harboring a dog shall be liable to the party injured.--Davidson v. Manning, Ky., 181 S. W.

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5. Assault and Battery-Guardian and Ward. -A guardian having emancipated his ward cannot justify an assault and battery on her because of the relationship.-Eitel v. State, Tex. Cr. App., 182 S. W. 318.

6. Attorney and Client-Disbarment.-An attorney cannot be disbarred solely on a record of conviction, where he has been pardoned.—In re Emmons, Cal. App., 154 Pac. 619.

7.Public Policy.-A contract with the complaining witness in a prosecution whereby an attorney agreed to assist the district attorney therein was void as against public policy, and the attorney could not recover for services ren

dered thereunder on preliminary examination of the accused, though the court, district altorney, and accused acquiesceu.-ROCK V. EKеrn, Wis., 156 N. W. 191.

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8. Bail-Production of Principal.-A surety on an undertaking for an appearance to answer το an inuictment at a given C ΟΙ COUIL 13 responsible for mis appearance, not only o 2413 rst day of the term, but upon ally subsequent day thereof without notice; and the rule Same when the surety undertakts το produce his principal at whichever term of court becomes proper.-reopie V. Parisi, N. 1., 111 N. B. 9. Bankruptcy Corporation. The trustee for a Dankrupt corporation may maintai an action under section 66 OI the New ΙΟΓΚ 1523 poration Law against a trustee underа recover payments made when insolvent and intent to prefer the creditor paid. CardoZJ .. brooklyn Trust Co., C. D. C. c. A., 420 reu. 333.

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10.- Corporation.-It is the general rule that the jurisdiction oI a court of Dankruptcy Over ine administration of the апать corporations is exclusive anu paramount.-Commerciai Trust & savings DaliK Produce Co., U. S. C. C. A., 228 r'ed. 500. 11. Corporation.-Corporation's place of business, within Dankг. Act, 82 (4), a question of Iact ποτ conclusively uctermined by ine articies OI incorporation or by location of the larger amount OL its property. -in re K. H. Pennington & Co., U. S. D. C., 228 Fed. 388.

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12. Insurance.-Where right to change beneficiary is reserved, right to cash surremuer value held to pass to trustee in bankruptcy, unless there nas peen a Donа de assignment of the whole policy.-in re ramgan, U: S. D. C., 223 Fea. 359.

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13. Lien.-Order on petition of trustee bankruptcy, authorizing juugment creuitor whose men had been dissolved in une name of the trustee and for the benent or the estate to proceed LO annui Dankrupts conveyance LU plaintiff, his wife, held to authorize creditor to proceed as it might deem best, or in the name of the trustee.-Wills V. E. A. Wood Lumber & Mis Co., Cal. App., 154 r'ac. 613.

14. Unliquidated Claim.-A claim against a bankrupt for breacn of promise to marry, on which suit was pending in a state court, neid an unliquidated claim, which the court properly ordered liquidated by trial in ine state courtIn re Martin, U. S. C. C. A., 228 red. 184.

15. Banks and Banking-Bank Stock. A transfer of bank stock to another by defenuant who had given practically worthless property therefor, held not to protect defendant iroin liability in a suit by the superintendent or banks for the value of the stock, where it appeared that the transaction was in fact a retransier to the bank.-Sargent v. American Bank & Trust Co. of Portland, Or., 154 Pac. 759.

16. Check.-Under Rev. St. § 9980, bank paying check, whicn its depositor, an insurance company, through fraud of its agent, had made payable to a netitious person in settlement of death claim, held entitied to the same protection as if the check had been payable to bearer. -Equitable Life Assur. Society of the United States V. National Bank of Commerce in St. Louis, Mo. App., 181 S. W. 1176.

17.- -Deposits.-Where broker turned plaintiff's note over to defendant bank for collection, and the bank, with knowledge that it was not the broker's, applied the proceeds to a dept of broker to the bank, the bank was liable to plaintiff as for conversion.-Gillespie v. Bank of Chillicotne, Mo. App., 181, S. W. 1198.

18. Carriers of Goods-Delay.-Damages for loss of market for unreasonable delay in transportation en route are within provision of Carmack Amendment.-New York, P. & N. R. Co. v. Peninsula Produce Exch. of Maryland, U. S. Sup Ct., 36 S. Ct. 230.

19. Carriers of Passengers-Loss of Baggage. -In a passenger's action for loss of baggage, where the contract of carriage as contained in

her transportation was made in a foreign country, but there was no evidence as to the law of such foreign country, the law of the former governs.-Drozinski V. Hamburg-American

Line, Mo. App., 181 S. W. 1164.

20. Champerty and Maintenance— -Conveyance of Land.-Where, at the time land was conveyed by the record owner, defendant was holding it adversely, the conveyance was champertous, and an action by the grantee must fail. Le Moyne v. Neal, Ky., 181 S. W. 1119.

21. Chattel Mortgages-Conversion.-Refusal of the mortgagor to consent to the mortgagee's taking possession of the mortgaged chattels, pursuant to the mortgage on default in making payments, held not Case a conversion.-J. I. Threshing Mach. Co. v. Barney, Okl., 154 Pac. 674.

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22. Commerce-Acts Constituting.-A York linotype company which maintained no office or branch agency in Missouri, but merely contracted to, and did. furnish skilled mechanics to make repairs on its leased machines at the expense of the lessees, was engaged in interstate commerce, and not in doing a local business in Missouri, to render compliance on its part with Rev. St. 1909, §§ 3039, 3040, a necessary condition to its recovery on a lease contract.— Mergenthaler Linotype Co. v. Hays, Mo. App., 181 S. W. 1183.

23. Employes.-An action for injuries to a laborer struck by an engine while working in a railroad yard repairing tracks used in interstate commerce held controlled by the federal Emplovers' Liability Act.-Waina v. Pennsylvania Co., Pa., 96 Atl. 461.

24. Employe.-An employe injured while inspecting a train moving between points within the same state and not at the time carrying passengers or goods in interstate commerce held not emploved in such commerce within Employers' Liability Act. § 1.-Royle v. Pennsylvania R. Co., U. S. C. C. A.. 228 Fed. 266.

25 Pleadings.-Allowance of amendment to declaration bringing the action within Emplovers' Liability Act infringes no federal right where the only difference is the additional allegation that plaintiff was injured on interstate trip-Kansas City Western Ry. Co. v. McAdow. U. S. Sup. Ct., 36 S. Ct. 252.

26 -Workmen's Compensation Act-Workmen's Compensation Act 1911, § 7. held to apply to employes engaged in interstate commerce. where injury or death results without negligence. notwithstanding federal Emplovers' Liability Act, § 1.-Winfield v. Erie R. Co., N. J., 96 Atl. 394.

27. Conspiracy-Acts Constituting-Where a real estate broker. in coniunction with his associates fraudulently withheld moneys due his client for sale of the land, the receipt of benefits by the defendants created in the eves of the law an illegal conspiracy.-Smith v. Fiscus, Ind. App., 111 N. E. 203.

28. Constitutional Law-Inheritance ΤΑΣ The inheritance tax act (Acts 1913, p. 91) held not violative of the due process clause of Const. art. 1, § 1, par. 3. and the federal Constitution, in view of the fact that section 11 gives persons interested the right to a hearing before the andraisers.-Martin V. Pollock, Ga., 87 S. E.

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29. Contracts-Architects.-Where architects' contract for public building plans required estimated cost to be well within the appropriation and only appropriation existing grossly inadequate to erect building contemplated, parties could not proceed on assumption of further appropriations. so as to charge contracting city for plans involving estimated cost largely in excess of existing appropriation-Lord v. City of New York. N. Y. Supp., 157 Atl. 127.

30. -Construction. The contract for advertising in telephone book covers to be published by plaintiff and furnished free to all the tenants of a building does not require one to be placed in an office the tenant of which refuses it-Patent, Hanging Book Cover Co. v. Marcus, N. Y. Supp. 157 N. Y. S. 211.

31.-Promise to Pay.-That certain statements led plaintiff to believe that defendants would be responsible for continuance of a building did not render defendants liable unless the language used was such as to give plaintiff a right to understand that it constituted a promise to pay.-Pocket v. Almon, Vt., 96 Atl. 421.

32.- -Public Policy.-Employment of a person by a corporation on compensation contingent on success in securing a contract from Postmaster General for furnishing letter carriers' satchels is against public policy.-Crocker v. United States, U. S. Sup. Ct., 36 S. Ct. 245.

33. Public Sale.-The agreement between plaintiffs and a corporation to buy jointly the fixtures and stock of an insolvent at public sale was not invalid where made for the legitimate purpose of combining the parties' resources and not to chill or suppress bidding.-Stack v. Roth Bros. Co., Wis., 156 N. W. 148.

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-Franchise. To justify the inference that a corporation has surrendered its franchises, it is not sufficient that it has become insolvent or that all of its property has been sold by the sheriff, but it must also have lost the power to continue or to resume its business.Brock v. Poor, N. Y., 111 N. E. 229, 216 N. Y. 387.

37.-Officers.-The secretary of a warehouse company cannot bind the company by admissions as to insuring cotton, unless made in the scope of his employment.-Farmers' Ginnery & Mfg. Co. v. Thrasher, Ga., 87 S. E. 804.

38. Transfer of Stock. The method of transferring corporate stock is governed by the law of the state of incorporation, although the transfer is made in another state.-Husband

v. Linehan. Ky., 181 S. W. 1089.

39. Counties-Contracts.-Where a county, after contracting with plaintiff to prepare plans and superintend construction of a courthouse. abandoned the project for legal reasons, and thereafter, on bonds being voted, employed other architects. held, that the county was not liable to plaintiff for damages sustained.-Weathers v. Board of Com'rs of Coal County, Okl., 154 Pac. 642.

40. Damages-Measure of. Where damage to realty is permanent, or cannot well be expressed in specific items of injury capable of easy repair or remedy, but affecting in some substantial degree the value of the entire property as a unit, the measure of damages is the difference between the fair value of the property immediately before and immediately after the injury. Watson v. Mississippi River Power Co., Iowa, 156 N. W. 188.

41.

Mental Suffering.-Mental suffering from shame and humiliation, experienced by a woman assaulted in the presence of her neighbors, may, in trespass for the assault and battery, be recovered without special allegation.Rogers v. Bigelow, Vt., 96 Atl. 417.

42. Proximate Cause.-Where plaintiff, who had suffered personal injuries. had a second accident without fault of his own, and the result was more serious because of the prior injury, such prior injury may be treated as the proximate cause of the aggravated consequences.Papic v. Freund, Mo. App., 181, S. W. 1161.

43. Deeds Delivery.-Mere manual handing of deed to grantee is insufficient to constitute legal delivery; intention that deed shall operate

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44.-Escrow.-An agreement, whereby the owner executed to her nephew a deed to her farm, and placed same in escrow for delivery of the grantee on her death and his performance of certain conditions, and entitling the grantor on notice to have the deed returned on the grantee's default, held valid and to give the grantee title on his performance of the contract.-Malley v. Quinn, Minn., 156 N. W. 263.

45. Divorce Attorney Fee. Attorneys for the wife in her successful suit for absolute divorce against her husband were entitled to a fee of $5,000 from the husband, though they could have procured a divorce upon the ground of abandonment alone, with very little trouble, but in fact charged cruel and inhuman treatment and infidelity as well.-Winslow v. Winslow, Tenn., 182 S. W. 241.

46. Condonation.-A husband did not, by living and sleeping with his wife after alleged indignities for which he sought a divorce, condone the offenses where, after such cohabitation, other unhappy occurrences took place.-Kennedy v. Kennedy, Mo. App., 182 S. W. 100.

47. Easements Inconsistent Acts. The maintenance of barways at the extremities of an unlocated right of way over defendant's lot between two of plaintiff's was not necessarily incompatible with the needed right of passage. -Burnham v. Mahoney, Mass., 111 N. E. 396.

48. Election of Remedies-Evidence.-Where plaintiff, deeming that his license to maintain an irrigation ditch over defendant's land was revocable, instituted condemnation proceedings, but dismissed them on discovering his mistake, there was no election of remedies, precluding the assertion of the irrevocable character of the license.-Graybill V. Corlett, Colo., 154 Pac.

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49. Elections-Identifying Ballot.-Where voter identifies his ballot by writing his name on it, the ballot should not be counted, regardless of the voter's intent. In re Redwood County Election Contest, Minn., 156 N. W. 125.

50. Embezzlement—Evidence.-The failure to account for money received from another who has relied upon his honesty to return it with stipulated interest, does not render him guilty of embezzlement unless the relation of banker or broker and depositor exists between the parties, and then only by statute.-People v. Belt, Ill., 111 N. E. 93.

51.

Eminent Domain-Damages.-That abutting owners on an avenue already open for street purposes were awarded damages incident to the condemnation of land for enlarged street purposes would not foreclose their recovery of damages arising from the erection and maintenance of an elevated railroad in the street.In re Ely Ave. in City of New York, N. Y., 111 N. E. 266.

52. Entry, Writ of-Presumption.-Without evidence to the contrary, occupation is presumed to be in accordance with the limits of ownership, but the presumption is rebutable.-May v. Labbe, Me., 96 Atl. 502.

53. Executors and Administrators-Action Against Self.-The administrator of a decedent's estate as such and as an individual are two distinct persons, and the probate court can order an adiministrator as such to bring an action against himself individually on his personal note owing the decedent's estate.-Powell v. Jackson, Ind. App., 111 N. E. 208.

54. Appointment.-A will nominating an executor of an estate creates in such executor or trustee no absolute right, but is subject to approval of the court, which may at any time remove him and divest such title as he has.Studebaker Bros. Mfg. Co. v. De Moss, Ind. App., 111 N. E. 26.

55. Specific Legacy.-The executor under a will, giving specific legacies of money payable out of sales of certain lots, though not expressly authorized by the will, yet from his duty to carry out its provisions and to raise the fund

with which to satisfy such legacies, had implied power to sell and convey testatrix's realty. -Varble v. Collins' Ex'r, Ky., 181 S. W. 1115. 56. Fixtures-Intent.-A building, erected by voluntary unincorporated associates for use as cheese factory, on land the use of which was donated, without intention that it should be regarded as a fixture, did not become such, and did not belong to the owners of the land.Brobst v. Marty, Wis., 156 N. W. 195.

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57. Forgery Evidence. Where evidence showed that accused forged payee's name to a check issued by county treasurer for a road warrant, and in order to cash it at depository bank indorsed his own name thereon under bank's custom requiring persons cashing checks to indorse their names thereon, and accused's name was last indorsement appearing on check, it was not error to submit the count for passing forged check to Jury.-Fry v. State, Tex. Civ. App., 182 S. W. 331.

58. Frauds, Statute of-Memorandum.-Under statute of frauds memorandum may consist of letters or other writings or be aided by reference to other writings, but, whether consisting of one or more writings, must contain all the essential elements of the contract.-Graham v. Henderson Elevator Co., Ind. App., 111 N. E. 332.

59.--Original Promise.-Where oral promise of owner to pay subcontractor for work on house is primary or original, not secondary or collateral, obligation IS enforceable under statute of frauds.-Pocket v. Almon, Vt., 96 Atl. 421.

60. Gifts Savings Bank.-Where a savings bank depositor redeposited the funds which he had therein on terms that they might "be drawn by his sister, A. W.," the contract meant that the deposit might be withdrawn by her at any time before or after the depositor's death.Chippendale V. North Adams Savings Bank, Mass., 111 N. E. 371.

61. Guaranty Notice.-Where plaintiff promise's to make a loan on receiving certain guaranty of payment and such guaranty is furnished, he need not give notice to the guarantors of acceptance of the guaranty before making the loan.-National City Bank of Minneapolis, V. Zimmer Vacuum Renovator Co., Minn., 156 N. W. 265.

62. Guardian and Ward-Investments.Where a guardian without authority invested his infant ward's money in incumbered real estate, which he exchanged for other lands, the transaction culminating in entire loss of the investment, the original vendor, who received the infant's money with notice, cannot defend on ground that original diversion did not result in loss.-Empire State Surety Co. v. Cohen, N. Y., 156 N. Y. S. 935.

63. Homestead-Purchase Money.—A purchaser of land holding under a deed expressly retaining a lien for part of the purchase money cannot hold the land as a homestead against the vendor holding vendor's lien purchasemoney notes.-Stratton v. Westchester Fire Ins. Co. of New York, Tex. Civ. App., 182, S. W. 4. 64. Homicide-Simple Assault.-A simple assault cannot be repelled with a deadly weapon or by acts calculated to kill the assailant, unless the assault is such as to excite the assaulted person's fears as a reasonable man of danger to life or great bodily harm.-Gransden v. State, Okl. Cr. App., 154 Pac. 684.

65. Husband and Wife-Equity.-There being no remedy at law, the conflicting property rights of husband and wife may be adjusted in equity.-Whiting v. Whiting, Me., 96 Atl. 500.

66. Gift.-A deposit by a husband in the name of himself and wife raises a presumption that he intends to confer upon his wife the right of sole ownership to the deposit in the event of her survivorship only where there is no evidence to explain the purpose of the deposit. In re Mills' Estate, N. Y. Supp., 157 N. Y. S. 138.

67. Indemnity-Primary Liability. A city, having paid a judgment recovered against it

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account of injuries received by a traveler due to a defective metal pipe laid in the sidewalk, the city might recover from the abutting owner, it being primarily bound to keep the pipe in repair.-City of Louisville v. Metropolitan Realty Co., Ky., 182, S. W. 172.

68. Infants-Laches.-A minor who knowing that valuable improvements were being placed on property conveyed by her, waited 43 years before seeking to disaffirm her contract, during which time several conveyances of the property were made, was guilty of such laches that she could not disaffrm her conveyance.-Nobles v. Poe, Ark., 182 S. W. 270.

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70. -Incontestability.-A insurance policy providing that it should be incontestable from date, except for nonpayment of premiums, precluded any defense after date for false statements in the application, though fraudulently made.-Duvall v. National Ins. Co. of Montana, Idaho, 154 Pac. 632.

71. Liability Policy.-Where an employer's liability policy provided a special rate of premium on discontinuance where the insured goes out of business, those jointly insured are not entitled to such premium where the policy is canceled at their request, only one of them going out of business.-Ocean Accident & Guaranty Corp. v. Combined Locks Paper Co., Wis., 156 N. W. 156.

72.- -Suicide.-Where, in an action on a policy providing that it should be void if insured committed suicide within one year, it conclusively appeared that he committed suicide within that time, the court properly directed a verdict for defendant.-Hodnett v. Aetna Life Ins. Co., Ga. App., 87 S. E. 813.

73. Waiver.-Conduct of fire insurer, in notifying insured the first of the years 1912, 1913, and 1914, to come to its office and sign a receipt for a dividend due him in the amount of his premium and have a receipt therefor indorsed on his policy, waived the insurer's right under the policy, upon insured's failure to pay the premium for 1915, no notice being given, a like dividend being then also due, to forfeit the insured's right to renew.-Davis v. Salem County Mut. Fire Ins. Co., N. J. Ch., 96 Atl. 391.

74. Interest-Unliquidated Demand.-Interest will not ordinarily be allowed on an unliquidated account or claim except from the time the amount due is ascertained judicially or by act of the parties.-Hoover-Dimeling Lumber Co. v. Neill, W. Va., 87 S. E. 855.

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76. Intoxicating Liquors-Indictment and Information.-Where the state law forbids keeping liquor in place of business, and a ordinance forbids keeping it within the city limits for illegal sale, an accusation under the ordinance held not demurrable because it charged that defendant kept the liquors in his place of business for illegal sale, though it would also be a state offense.-McDonald v. Town of Ludowici, Ga. App., 87 S. E. 807.

77. Landlord and Tenant-Forfeiture.-Two contracts between lessor and lessee, made on the same day, the second, styled a supplemental contract, increasing the amount agreed by the first to be loaned by lessor to lessee, held in law one, so that provision in the second was as efficacious as if in the first, to preserve right of forfeiture given by lease.-La Salle Inv. Co. v. Wells, Mo., 181 S. W. 1136.

78. Libel and Slander-Pleading and Practice. Where the petition charges that the defamatory words were spoken at a particular time and place to a specified person, plaintiff cannot recover, unless the evidence shows that the same words were so spoken.-Anderson v. Shockley, Mo., 181 S. W. 1151.

79.

Lis Pendens-English Rule.-The English rule that the doctrine of lis pendens is inapplicable to personal property other than chattel interests in land is probably not the rule in the United States.-Mabee v. Mabee, N. J. Ch., 96 Atl. 495.

80. Master and Servant Presumption. While hiring at so much per day, week, month, or year raises no presumption that the hiring was for such a period, yet the rate and mode of payment are often determinative of the period of service.-Doolittle v. Pacific Coast Safe & Vault Works, Or., 154 Pac. 753.

81. Suitable Appliances.- -An employer, having furnished rubber gloves to an experienced employe working about electric wires, is not required to see that he uses the gloves. -Horan v New York, N. H. & H. R. Co., N. Y., 157 N. Y. S. 185.

82. Mortgages-Priority.-A judgment creditor of a purchaser who gave back a deed of trust to secure the unpaid purchase money does not take priority over such deed of trust, though judgment was rendered before the deed of trust was recorded.-Moomaw v. Jordan, Va., 87 S. E. 569.

83. Negligence-Sudden Peril. One confronted with sudden peril, due to negligence of another, need not exercise the degree of care required of persons under other circumstances, but need act only with that degree of care which an ordinarily prudent person would exercise under like conditions.-City of Indianapolis v. Pell, Ind. App., 111 N. E. 22. 84.

Release

Waiver.-Where defendants set up release in defense of plaintiff's action for wrongful death, and plaintiff pleaded fraud, and offer of repayment, and defendants did not ask the court to require payment into court, they waive the right to insist on actual payment.Hubbard v. Lusk, Mo. App., 181 S. W. 1028.

85. Remainders-Estoppel. While a contingent remainder cannot be granted and nothing passes by deed of it, the estate may be transferred by warranty deed by way of estoppel taking effect when the estate vests.-Drury v. Drury, Ill., 111 N. E. 140.

86. Removal of Causes-Ground for. It is not ground for removal to the federal court of a prosecution against a negro that the indictment was found by a grand jury from which negroes were excluded because of their race.-Tillman v. State, Ark., 181 S. W. 890.

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87. Sales Evidence.-Where, on instruments given for the price of an automobile, the defense was that the sale was procured by false representations as to statements made by defendant's wife to plaintiff's agents, defendant's wife was properly permitted to detail the conversation between herself and such agents when they showed her the car with a view of selling it to defendant.-J. I. Case Threshing Mach. Co. v. Webb, Tex. Civ. App., 181 S. W. 853.

$8. Telegraphs and Telephones-Delivery of Message. Where plaintiff delivered message to joint agent of telegraph and railroad companies who sent it over railroad's wire to railroad agent at destination, plaintiff not knowing such facts, defendant telegraph company could not the escape liability for failure to deliver on ground that plaintiff had not delivered message to it.-Western Union Telegraph Co. v. Sims, Tex. Civ. App., 181 S. W. 800.

89.- -Liability.-A telephone company cannot by ceasing to use part of its line and disconnecting same relieve itself from the duty of using care to prevent injury from the unused part. Southern Bell Telephone & Telegraph Co. v. Ellis, Ga. App., 87 S. E. 766.

90. Theaters and Shows-Regulation.-The power to regulate theaters and shows does not

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