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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
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
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.
TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING
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 resulting from involuntary move
posthumous child as plaintiff, 387.
work of the Chicago Society of Advocates,
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
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.
Louis D. Brandeis, associate justice of the
Supreme Court of the United States, 403. Elihu Root, President of the American Bar
ATTORNEY AND CLIENT,
practicing law guilty of professional mis
conduct, 61. compromise of judgment by client in which
attorney has interest, 4.
ness in practice, 81.
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.
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
damage caused by concussion of air by
blasting on one's own premises, 187.
BLUE SKY LAW,
right of state to prohibit fraud and imposition by limiting right to sell corporate shares, 429.
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.
55, 91, 109, 145, 199, 235, 253, 271, 289; 343;
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.
ment to property industry, 108.
American Annotated Cases, 1915 D, 234. reviews of statutes,
Notes to Indiana Statutes, 1915, 378. reviews of text-books,
statement by victim of homicide as res
gestae, 242 withdrawal of plea of guilty as evidence
against accused, 178.
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
for injury suffered in interstate
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.
presumption against accused for failure to
submit evidence other than his own testimony, 30.
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.
posthumous child as plaintiff, 387.
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.
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.
see CONVICT LABOR.
reactionary interpretation of the Code, 6. reform of procedure awaits upon Congress,
stock dividends as going to remainderman
or life tenant, 115.
decisions by the New York County Lawyers'
Association Committee professional ethics, 5, 81, 126, 244, 360, 396.
incontestable clause in policy not covering
execution of assured for crime, 386.
ages brought against owner of irrigation
ditch, canal or reservoir, 66. admissibility of evidence of subsequent al
see BULK SALES LAW.