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96. Payment Conditional.-In the absence defendants, the fact that defendants had a conof express agreement, the delivery of certificates JO AJəaləpəyi joj dəwiej awes aqi 41!M poput of deposit in payment of a debt does not op- the same corn does not excuse them from payerate as an absolute payment, but as a condi- ing plaintiff the purchase money; defendants tional payment, and will leave a right of action not

having paid

the farmer.- McDowell V. on the original debt if the certificates prove L9L 'EMOJ "0 uței dəssən 3 sgulla 'sə[Mog worthless, regardless of the contract of in- N. W. 173. dorsement.-Park v. Best, Iowa, 157 N. W. 233.

109.- -Delivery:- Where plaintiff agreed to 97.—- Foreclosure. Where the seller of sell cotton for delivery on or about a certain motion picture theater, who took notes in pay- date, and defendant accepted a portion delivment, and a chattel mortgage on the equipment ered at a subsequent date, the time of delivery as security, foreclosed the mortgage, he there- was not of the essence of the contract, and failby held the notes in full payment of the pur- ure to deliver on the exact date stipulated did chase price.-Harmon v. Dickerson, Mo. App., not defeat plaintiff's right to recover for the de184 S. W. 139.

fendants' refusal to accept the remainder of the

cotton.-Bain v. Polasek, Tex. Civ. App., 184 S. 98. Post-Office/Scheme to Defraud. The

W. 279. mailing of letters in execution of a scheme to defraud could be made a criminal offense, as 110. Specific Performance-Decree.-A conwas done by Cr. Code, $ 215, though the fraudu- tract for the sale of realty incapable of specific lent scheme be outside the jurisdiction of Con- performance cannot be the basis of a valid claim gress.-Badders v. United States, U. S. Sup. Ct., to an nterest therein, against which, when as36 Sup. Ct. 367.

serted, the owner is entitled to a decree quiet

ing his title.-Crane v. Roach, Cal. App., 156 99. Principal and Agent-Notice. Where the

Pac. 375. driver who had charge of mules of a firm had knowledge of their diseased condition and the 111. Statutes_Computation of Time.-Where liability of such disease being communicated statute requires act to be performed a fixed to other animals, the partners are charged with number of days previous to specified day, last the agent's knowledge.-M. C. Brown & Co. v. day should be excluded and first day included. Bennett, Ark., 184 S. W. 35.

State Board of Deputy State Supervisors and 100. Scope of Authority.-Where an agent

Inspectors of Elections of Montgomery County,

Ohio, 112 N. E. 136. authorized to buy cotton bought cotton for future delivery in violation of his instruction, the 112. Taxation-Discrimination, Where the principal is liable, the seller having no notice assessing department of a state uniformly apof the limitation on the agent's apparent av. plies different standards of valuation to differthority.-Mann v. Bell, Tex. Civ. App., 184 S. W. ent classes of property, the result is necessarily 320.

inequality and discrimination in taxation, which

must be presumed to have been intentional. 101. -Collateral Agreement.-The contract

Louisville & N. R. Co. v. Bosworth, U. S. D. C., of plaintiff to secure free leases for a company.

230 Fed. 191. and of the company to build and operate a smelter, or return the money paid for the leases.

113.-Domicile.— "Domicile" and “residence" being legal, the collateral matter, that part of are not synonymous as applied to situs for taxthe money was unlawfully obtained from cities ation; "domicile” importing a legal relation bedoes not avail the company's sureties.-Tri- tween a person and a particular place, based on Bullion Smelting & Development Co. v. McLain, actual residence with intention to remain there. Colo., 156 Pac. 133.

—Denny v. Sumner County, Tenn., 184 S. W. 14. 102. -Collateral Agreement.-A surety com

114. Vendor and Purchaser-Election. A pany insures only the original contract, and not

written lease of the land by the vendor, after a contract substituted by the parties to the

the purchaser's default, is an election to retain original agreement.—Thomas Drug Store v. Na- the land and entitles the purchaser to a return tional Surety Co., S. C., 88 S. E. 442.

of his cash payment.-Jicha y, Dance, Iowa, 157

N. W. 159. 103. Railroads–Frightening Animals. railroad is not liable is teams become frightened

115. -Fraud.-Where a grantee knew before at the usual noises incident to the movement

he acquired the property, of a prior unrecorded of trains, though it is otherwise if steam is

deed, which the grantor claimed was secured blown off carelessly and recklessly near a rest

through fraud, he could not, in suit by the prior ive team, and where the engineer, seeing their

grantee avail himself of the defense of fraud, fright, does not desist.-Witte v. Atlantic Coast

which is purely equitable and available only to Line R. Co., N. C., 88 S. E. 435.

the grantor.--Cochran Timber Co. v. Fisher,

| Mich., 157 N. W. 282. 104. -Receivership.-Where damage

to

116. shipment of live stock occurred while the car

Waters and Water Courses-Beneficial rier was in the hands of receivers, appointed

Use.—The government, like an individual. can by a federal court, such carrier will be treated

appropriate only so much water as it applies to as in the hands of the federal courts when the

beneficial uses, and can only restrain a diversion injury occurred, and the shipper cannot recover

which operates to its prejudice.-United States therefor against the carrier. —Kansas City, M.

V. West Side Irrigating Co., U. S. D. C., 230 Fed.

284. PR 0. Ry. Co. v. Russell, Tex. Civ. App., 184 S. W. 299.

117. Wills—Illiteracy.-In construing the will 105.- -Receivership.-The agent of the

of an unlettered man, written by himself, a

receivers of a railway corporation is not its agent i special duty devolves upon the court to give effor the service of process, though before ap

fect to the intention, and not to give technical pointment he served the road in the same

meanings to words mistakenly used.-Conover pacity as he serves the receivers at the time of

v. Cade, Ind., 112 N. E. 7. service of citation upon him.-Webster v. In

118. Survivorship.-Provision that, if testernational & G. N. Ry. Co., Tex. Civ. App., 184 tator's daughter becomes possessed under an S. W. 295.

executory devise, and die "without heirs," then 106. Sales-Agency:—Where plaintiff bought

the land shall go to the heirs of testator's and took title to stock at defendant's solicita- nephew, means without surviving children.tion, defendant agreeing to take stock later Pitzer v. Morrison, Ill., 111 N. E. 1017. and pa y plaintiff cost thereof with interest,

119. Witnesses-Examination.--It is within transaction was one of agency and not sale.

the sound discretion of the trial judge to call Foley v. Nimocks, 157 N. W. 178.

any witness and examine him, so that it is not 107. Conditional Sale.-In a seller's action error for the court on its own motion to call to replevin a typewriter sold under a condi- in an expert alienist, using care not to prejudice tional sale contract, evidence of breach of an the rights of the defendant thereby.--State v. implied warranty of fitness, without evidence Horne, N. C., 88 S. E. 433. of damages therefrom equal to or in excess of

120. the installments due, presented no defense.

Subpoena. A subpoena, served with

out the district and more than 100 miles from Remington Typewriter Co. v. Rutherford, Okla.,

the place of holding court, has no potency, and 156 Pac. 166,

a witness attending pursuant thereto is regard108. -Contract.-Where plaintiff who bought ed as attending voluntarily.-United States v. corn from a farmer disposed of part of it to Southern Pac. Co., U. S. D. C., 230 Fed. 270.

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TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING
ARTICLES, ANNOTATED CASES, LEGAL NEWS, CORRE-

SPONDENCE AND BOOK REVIEWS IN VOL. 82.

A separate subject-index for the “Digest of Current Opinions" will be found on page 462, following this Index-Digest.

ACCIDENT INSURANCE,

accident resulting from involuntary move

ment, 197.

ACTIONS,

posthumous child as plaintiff, 387.

ADVOCACY,

work of the Chicago Society of Advocates,

54.

stitute of Criminal Law, 324. notes of interest to members of the Illinois

Bar Association, 252. program of meeting of the Iowa Bar Asso

ciation, 448. banquet of the Kansas City Bar Association,

144. program of the meeting of the Louisiana

Bar Association, 288. program of the meeting of the Pennsyl

vania Bar Association, 415. program of the meeting of the Texas Bar

Association, 447. program of annual meeting of the Wiscon

sin Bar Association, 340. report of the meeting of the Kansas Bar

Association, 108. report of the meeting of the Connecticut Bar

Association, 198.

ALTERATION OF INSTRUMENTS,

fraudulent alteration of note defeating re

covery of original consideration, 323.

APPEAL AND ERROR,

suggestion by a court as to preparation of

statement of evidence and its settlement, 116.

BIOGRAPHY,

Louis D. Brandeis, associate justice of the

Supreme Court of the United States, 403. Elihu Root, President of the American Bar

Association, 18.

ATTORNEY AND CLIENT,

see ADVOCACY.
are attorneys who assist a corporation in

practicing law guilty of professional mis

conduct, 61. compromise of judgment by client in which

attorney has interest, 4.
eligibility to office based upon continuous-

ness in practice, 81.
what constitutes the practice of law, 13.

BILLS AND NOTES,

detaching paper from written contract so as to make it a negotiable instrument, 376,

450. purchaser before maturity with notice of

facts calculated to put one on inquiry, 135. qualifying words affecting negotiability, 404. right of bona fide holder of negotiable paper

transferred by foreign corporation to sue thereon, 34.

AUTOMOBILES,

dog causing injury to automobile, 332. negligence in owner of automobile leaving

same fully charged in public place, 367. rights and duties of automobile driver when

meeting and passing horse-drawn
hicles, 315.

BLASTING,

damage caused by concussion of air by

blasting on one's own premises, 187.

ve

BLUE SKY LAW,

right of state to prohibit fraud and imposition by limiting right to sell corporate shares, 429.

BANKRUPTCY,

computing four months' period in prefer

ential transfers, 314. conditional sales contract made within pref

erential period of bankruptcy act, 25. damages from anticipatory breach or con

tract provable against bankrupt, 350. individual property where partnership is

without assets, 387. lien of joint judgment against husband and

wife on estate by entirety, 45.

BOOKS RECEIVED,

55, 91, 109, 145, 199, 235, 253, 271, 289; 343;

397.

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BOOK REVIEWS,

reviews of encyclopedias,

Corpus Juris, volumes 1, 2 and 3, 36; vol

ume 5, 252. reviews miscellaneous, the Hague Declarations and Conventions

of 1899 and 1907, 54.
Harlan and McCandless' Federal Trade

Commission, 378.
Hughes' the Law Restated, 190,
Jones' Blackstone, 198.
Orth's readings on the relation of govern-

ment to property industry, 108.
Tiffany's Form Book, 55.
reviews of reports and selected cases,

American Annotated Cases, 1915 D, 234. reviews of statutes,

Notes to Indiana Statutes, 1915, 378. reviews of text-books,

rommersial

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CRIMINAL EVIDENCE,

statement by victim of homicide as res

gestae, 242 withdrawal of plea of guilty as evidence

against accused, 178.

COMMERCE,

constitutionality of statute regulating lia

bility of connecting carriers in intrastate

freight, 80. federal employers' liability act superseding

remedy under state law, 63. initial carriers bound by Carmack Amend

ment to use reasonable despatch, 223. independent contractor performing services

for an interstate carrier, 440. misbranding drugs by false statement in

package regarding curative effects, 172. notice of loss to initial or connecting car

rier, 404.
recovery under workmen's compensation act

for injury suffered in interstate
merce where employer was free from neg-

ligence, 43.
state tax of company qualified to be surety

on recognizance to government, 279. telegram from one point to another in same

state with wire crossing boundary, 44. test whether an employe is engaged in in

terstate commerce, 421, 422. to what extent does the Carmack Amend

ment to the Hepburn law effect common law remedies and proceedings

on the state courts, 207.

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CRIMINAL TRIAL,

presumption against accused for failure to

submit evidence other than his own testimony, 30.

CUSTOM,

the law is custom, not reason, 46.

DAMAGES, exemplary damages-a heretical and ill-de

fined doctrine, 262. mental suffering without other injury as an

element of damage, 333. punitive damages reduced because com

pensatory are nominal, 440.

COMMON LAW. adoption of the common law by statute as

rule of decision, 224.

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PARTIES,

posthumous child as plaintiff, 387.

PLEADING,

reactionary interpretation of the Code, 6.

Indian eloquence in a judicial forum, 64. the law is custom, not reason, 46. lawsuit over a hog won and 'lost by Mr.

Lincoln, 449. lectures of the Association of the Bar of

the City of New York, 90. Lord Reading called to task for his Amer

ican interview on “Justice," 1. majority of court should agree on decisive

rulings, 331. making law and finding law, 351. preventing unnecessary litigation at the

source, 280. a proposition for a seventeenth amendment

to the Constitution of the United States,

431. review of the legal results of the Pan-Amer

ican Congress, 227.

PLEADING AND PRACTICE.

amending so as to bring action under fed

eral employers' liability act, 189.

PRIMARY ELECTIONS,

see ELECTIONS.

PRINCIPAL AND SURETY,

notice to surety of employe's dishonesty,

298. rule strictimissi juris not applicable to cor

porate surety, 27.

LIBEL AND SLANDER,

the bounds of legitimate criticism of public

officer or of candidate for public office,

126. injunction against libel and slander as in

jurious to life, liberty and the pursuit of

happiness, 414. privileged communication of complaint as

to intoxication of employe, 19.

PRISONERS,

see CONVICT LABOR.

PROCEDURE,

reactionary interpretation of the Code, 6. reform of procedure awaits upon Congress,

187.

LIFE ESTATES,

stock dividends as going to remainderman

or life tenant, 115.

PROFESSIONAL ETHICS,

decisions by the New York County Lawyers'

Association Committee professional ethics, 5, 81, 126, 244, 360, 396.

LIFE INSURANCE,

incontestable clause in policy not covering

execution of assured for crime, 386.

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NEGLIGENCE,

see AUTOMOBILES.
see FEDERAL SAFETY APPLIANCE ACT.
act of God as defense in action for dam-

ages brought against owner of irrigation

ditch, canal or reservoir, 66. admissibility of evidence of subsequent al

teration

SALES,

see BULK SALES LAW.
conditional sales contract made within pref-

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