Consideration-Held sufficient to sustain promise of defendant to be legally holden for money loaned to the lodge, of which he was a member, and to secure which the lodge executed a mortgage to defendant's wife.

191

169

BLACKSTONE V. STANDARD LIFE & ACCIDENT INSURANCE CO.,. 592

Life insurance-Suicide by a person non compos does not come within a clause forfeiting a policy if death or injury may have been caused by suicide.

BLOOMINGDALE V. CHITTENDEN,

Infant-Cannot be bound by transfer of his property which cannot possibly be for his benefit-Action lies at once for its recovery.

BOARD OF AUDITORS OF WAYNE COUNTY, ROULO V.,

698

558

BOARD OF SUPERVISORS OF EATON CO., PEARSALL V.,
BOARD OF SUPERVISORS OF GOGEBIC COUNTY, BOARD OF SUPER-
VISORS OF ONTONAGON COUNTY V.,

721

486

48

705

713

Evidence of conversation between witness and plaintiff is properly admitted under statement that it was had in defendant's presence-If statement is not substantiated testimony should be stricken from the case-Official register of the arrival and departure of trains, required to be kept as a permanent record, etc., held competent evidence of the time of the arrival of a train on a given day, if properly authenticated-If witness negatives an impeaching question, asked upon cross-examination, he can be supported in rebuttal if any evidence is introduced

Bronson v. Leach-Continued.

to show his answer untrue-Auction sale-Prior warranty
of property, not included in posted notices of sale, and
which only causes a purchaser to pay more than the
property is worth, is not void as against public policy-
An attorney has the right, in arguing the facts to the
jury, to affirm that the natural presumptions, under the
circumstances of the case, are against the testimony of
a witness.

Benevolent and social associations-Right to organize, upheld-Are in no sense partnerships-Articles of agreement constitute a contract between the members which the courts will enforce Assignment of money belonging to the association, and misappropriated by third parties, upheld, as also right of assignee to maintain suit for its recovery-Suspended members not necessary parties to such assignment.

BUCKINGHAM V. TYLER,

Fraudulent conveyances-Declarations of vendor to vendee are inadmissible to show good faith of parties, not being a part of res gesta-Statements of vendor, before or at time of sale, showing fraudulent intent, are admissible as evidence of such intent, though made in absence of vendee-Fact of such intent cannot affect vendee if ignorant of its existence-If established may be weighed with other circumstances, to determine knowledge or good faith of vendee-If plaintiff in trover suit for attached goods is allowed to show his refusal of their tender to him by sheriff, the reason for such refusal may be shown on cross-examination-Proof of such tender is inadmissible in support of theory of vexatious attachment, etc.— Vendee, who sues as owner of goods attached by vendor's creditors, has burden of showing that title had passed at time of attachment.

PAGE

169

269

101

Replevin-The following description, viz.: "24 Michigan

Burt v. Addison-Continued.

Reports, * * * one lot of books,

lot of papers and envelopes,

*

one

one lot of writ

ten matter," is held sufficient in an affidavit for replevin
in justice's court-Jurisdiction of justice does not depend
on value in fact, as it may ultimately appear, but upon
value alleged-Statute forbids a reversal in certiorari
from justice's court except for matters of substance affect-
ing the justice of the case.

PAGE

Partnership-Firm note given to a member for money
loaned firm-Indorsee who purchases paper in good faith,
but after maturity, may maintain suit thereon against
the firm-It not appearing that payee was a debtor to
the firm when the note was transferred, or that there
were any equities existing against him arising since note
was made.

CASE THRESHING MACHINE Co. v. MITCHELL,
CHARPENTIER v. BRESNAHAN,

Replevin-Seizure and delivery to plaintiff of entire stock of goods, under writ containing a specific description of a portion only-Defendant not limited in his recovery to the value of the property described.

679

48

CHESEBRO, GRAND RAPIDS, LANSING & DETROIT R. R. Co. v., 466 CHICAGO & WEST MICHIGAN RAILWAY COMPANY V. REID,

Replevin-Lies in favor of owner of property levied upon, and to prevent the removal of which his agent gives the officer a receipt, the possession of the receiptor being that of the officer.

CHITTENDEN, BLOOMINGDALE V.,

CITY OF DETROIT, JOSLYN V.,

.

CITY OF DETROIT, SOUTHWELL V.,

366

698

458

438

CLARK, HARRIS V.,

CLARKE V. PIERCE,

Accounting-Case involves questions of fact purely.

CLAY V. STUART,

Removal of county officers-How. Stat. § 653, which vests in the Governor the determination of the question whether cause exists for the removal of county officers, is constitutional.

Taxes-For private purposes are unlawful-Tax-payers in like manner affected may join in bill to prevent collection of such taxes.

CLIFTON V. JACKSON IRON Co.,

Standing timber-If reserved on sale of land, which is conveyed to the vendee before the expiration of the time limited in the contract for the removal of the timber, by warranty deed, without such reservation, such timber passes to the grantee.

COLLIER, MASON LUMBER Co. v.,

PAGE

334

638

411

692

183

241

478

486

Lost papers-How. Stat. § 7519, requiring bond of indem-
nity when lost note is sued upon, only applies to negoti-
able instruments-If destruction of mortgage is shown,
and contents proved by parol, an objection that a certi-
fied copy of the record of the mortgage showed but one
witness becomes immaterial-Payments-Burden of proof
on party alleging same.

Charge to jury-Should be instructed upon theory upon
which plaintiff has tried his case, if supported by testi-
mony-Principal and agent-Silence of defendant held a
ratification of acts of alleged agent, though not originally
authorized.

CORNING V. TOWNSHIP OF MASONVILLE,

PAGE

. 177

Taxes-Logs in transit-Destination held to have been within
defendant township on second Monday of April-If
banked into the stream, and only waiting high water to
be floated to place of destination, or assorting ground,
and treated by the owners as in transit, do not fall
within the last proviso of subdivision 4, § 11, of tax law
of 1885.

Services-If volunteered, and rendered under circumstances
not fairly indicating an expectation of reward, liability
for payment does not arise.

CROSBY, SANDS & MAXWELL LUMBER Co. v.,

Married woman-Contract for erection of building on lot owned by herself and husband jointly, is invalid-She is liable for work done after husband's death at her request on such building.

Transfer of suit-On certiorari to review proceedings for, where there is no real conflict in the testimony, finding of commissioner will be considered one of law, and not of fact.

Mortgage-Given to secure bona fide past debt is upheld as against a subsequent lien holder-Evidence of value of stock of goods-Competent witness may give his judgment, based upon an immediate sale for cash, or to a person going into business for which the goods were purchased-It is for the court to instruct the jury how to deal with the two theories.

726

66 Mich. 299

398

386