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ARGUMENT OF COUNSEL. Om 19 (Ark.) Contract to furnish electricity to

certain premises held not to create personal obSee Criminal Law, Om720-730; Trial, Ow112, ligations rendering the contract nonassignable. 125.

-Leader Co. v. Little Rock Ry, & Electric Co.,

179 S. W. 358. ARREST. See False Imprisonment; Ne Exeat.



Om 100 (Tex.Ciy.App.) An order to pay from See Criminal Law, m371, 424; Indictment prior debt of the drawer to the drawee and to

funds collected by the drawee is subject to the and Information, Om 110; Judgment,

Judgment, Em the drawee's equities against the drawer.-H. 559.

J. Murrell & Co. v. Edwards, 179 S. W. 532. on 25 (Tex,Cr.App.) It is not error in a prosecution for arson to exclude copies of deeds tending to show title of the burned property in

ASSOCIATIONS. another than the person named in the indictment, where it is not claimed that possession or claim See Beneficial Associations; Building and Loan of possession by another can be shown.-Tinker Associations; Insurance, mm 687-825. v. State, 179 Š. W. 572. C30 (Tex.Cr.App.) The title of burned prop- ASSUMPSIT, ACTION OF. erty is never in issue in a prosecution for arson and may be shown by oral evidence.-Tinker See Money Received. v. State, 179 S. W. 572.

37 (Ark.) Evidence held sufficient to sustain a conviction.-Shuffield v. State, 179 S.

W. 650.

See Master and Servant, Om 203-224.

See Criminal Law, 200, 419, 420, 422;
Homicide, om 89, 95, 257; Indictment and See Execution ; Garnishment; Homestead ;
Information, Om 122.


V. LEVY, LIEN, AND CUSTODY AND (B) Prosecution and Punishment.

DISPOSITION OF PROPERTY. Om91 (Tex.Cr.App.) Substantial proof only of 191 (Ky.) The bond executed under Civ. the means used in an assault is sufficient to sup- Code Prac. § 214, is only an obligation to proport the charge.-Chisom v. State, 179 S. W. duce the property; the lien of the attachment 103.

and the power of the court over the property Com 91 (Tex.Cr.App.) Evidence held to warrant continuing as if the attachment were still in a conviction of assault.--Dickie v. State, 179 force.- Hudson Engineering Co. v. Shaw, 179 S. W. 566.

S. W. 1083. 92 (Tex.Cr.App.) On trial for aggravated assault, evidence as to whether defendant was X. LIABILITIES_ON BONDS OR UNa principal in the offense or an innocent by

DERTAKINGS. stander held to support a verdict of guilty-w337 (Ky.) Although, after defendant sureSouthall v. State, 179 S. W. 872.

Evidence held sufficient to show a premeditat-ty company gave bond, under Civ. Code Prac. g he was waylaid and a fight forced at a point se- the surety company is not discharged from all ed plan to waylay an assaulted party, and that 221, to release attached property, the plaintiff

amended his petition to recover a greater sum, lected by defendant and his companions.-Id. ww97 (Tex.Cr. App.) On trial for assault, held, sued for.-Hudson Engineering Co. v. Shaw,

liability, but is liable in the amount originally that verdict assessing fine of $25 should have 179 S. W. 1083. specified whether accused was convicted of simple assault or aggravated assault.-Dieter v. Ow338 (Ky.) Where defendant surety company State, 179 S. W. 557.

gave its bond under Civ. Code Prac. & 221, to release attached property in an action to recov

er $880, and plaintiff thereafter amended to reASSESSMENT.

cover $6,500, defendant is not liable for final See Damages, 208; Drains, cm 82; Munic-judgment for more than the $880.-Hudson Enipal Corporations, '406-567; Taxation, gineering Co. v. Shaw, 179 S. W. 1083.

Omn On 36244, 387.

On 343 (Ark.) Consolidation of attachments for

rent held to preclude recovery on more than ASSIGNMENT OF ERRORS. one of the attachment bonds, the consolidated

action being alone left.-Davidson v. Mayhue, See Appeal and Error, 724–748; Criminal 179 S. W. 371. Law, Cm1129.


Om365 (Ark.) An attaching creditor cannot be See Fraudulent Conveyances; Vendor and Pur-held liable for wrongful acts of the sheriff not chaser, Om 261.

shown to have been done at his direction.

Webb v. Van Vleet-Mansfield Drug Co., 179 I. REQUISITES AND VALIDITY. S. W. 357. (A) Property, Estates, and Rights Assign-On366 (Ark.) Under Kirby's Dig. $ 381, the able.

damages for wrongful attachment must be dew 18 (Ark.) Contract between company suc- termined in the action wherein the attachment cessors and assigns, and a consumer,

was dissolved.-Davidson V. Mayhue, 179 S.

successors, and assigns, for the furnishing of elec- W. 371. tricity, held not rendered nonassignable by stipulation that it was nontransferabie.--Leader

ATTESTATION. Co. v. Little Rock Ry. & Electric Co., 179 S.

ATTORNEY AND CLIENT. erly enforce the law, probably assess capital See Affidavits, w5; Appeal and Error, en om 52 (Tex.Cr.App.) Judgment fixing bail at

punishment.-Ex parte Sapp, 179 S. W. 109. 424, 936: Counties, om 114; Criminal Law, amount claimed to be in excess of defendant's

720-730, 1171; Malicious Prosecution, ability to give bail held not to be set aside, ww21; New Trial, 29, 49; Trial, One in the absence of any attempt and failure to 112, 125; Witnesses, em 198.

give bail in the amount fixed.-Ex parte NeyI. THE OFFICE OF ATTORNEY.

land, 179 S. W. 715.

Omw 65 (Tex.Cr.App.) Failure to set forth pun(C) Suspension and Disbarment.

ishment assessed in recognizance in criminal ww49 (Ark.) In a contempt proceeding, held case held to require dismissal of appeal.-Dorris that, under Kirby's Dig. $$ 450-466, an attor- v. State, 179 S. W. 718. ney could not be disbarred.--Dickerson v. State, mm 66 (Tex.Cr.App.) A recognizance which re179 S. W. 324.

cites no specific offense and does not comply Ou56 (Ark.) An attorney, charged with con- with the statute requiring that the punishment tempt, cannot be said not to have objected to itself must be stated is insufficient.-Robertson judgment of disbarment; it appearing he was v. State, 179 S. W. 106. not notified that disbarment would be sought.Dickerson v. State, 179 S. W. 324.

BAILMENT. IV. COMPENSATION AND LIEN OF Om 12 (Tenn.) A bailee for the accommodation ATTORNEY.

of the bailor is answerable only for his gross

negligence or bad faith, the degree of care be(A) Fees and Other Remuneration.

ing measured, however, with reference to the Om 133 (Ky.) As a general rule, an attorney nature of the article bailed.-Ridenour v. Woodcannot recover fees for his services from one ward, 179 S. W. 148. who has not employed him or authorized his em- A traveling salesman to whoin funds were inployment, although the services may have been trusted to deposit in a neighboring bank held beneficial to such person.-O'Doherty & Yonts not guilty of a conversion in depositing

the monv. Bickel, 179 S. W. 848.

ey in an iron safe in the custody of another Attorneys representing certain stockholders in when he arrived after banking hours.-Id. a suit to recover on a contract for the sale of stock, held not entitled to recover compensation

BALLOTS. as against other stockholders who had been benefited by their services.-Id.

See Elections, 299. Attorneys for certain stockholders held not entitled to compensation under Ky. St. $ 489, as

BANKS AND BANKING. against other stockholders not employing them, although their services in suing upon the con

III. FUNCTIONS AND DEALINGS. tract for the sale of stock had benefited such (A) Banking Franchises and Powers, and other stockholders.-Id.

Their Exercise in General. Om 150 (Ark.) An attorney held entitled only on 94 (Tex.Civ.App.) While a bank ordinarily to the percentage of amount paid his client in may not own a railroad, it may sell and discompromise without his consent, as fixed by his pose of its capital stock held by it as executor. contingent fee contract. --St.

Louis, I. M. & S. Continental Trust Co. v. Brown, 179 S. W. Ry. Co. v. Freeman, 179 S. W. 648.

939. (B) Lien,

(C) Deposits. @mw 172 (Ark.) Kirby's Dig. § 4457, giving a On 123 (Ky.) A bank having the custody of right of action to attorneys against litigants stock certificates is liable for failure to defor reasonable fee, where client compromises, liver within a reasonable time after demand. held repealed by Act May 31, 1909 (Laws 1909, -Ohio Valley Banking & Trust Co. v. Wathp. 892), creating lien upon cause of action.-' en's Es’rs, 179 S. W. 230. St. Louis, I. M. & S. Ry. Co. v. Freeman, 179 134 (Ky.) Bank lending funds to subconS. W. 648.

tractor held to have legal right to appropriate Eww189 (Ark.) Parties to litigation have right or enforce payment from deposit by contracto compromise without consent and over objec- tor. in such bank to subcontractor's account.tion of attorneys.- St. Louis, I. M. & S. Ry. Citizens' Trust & Guaranty Co. v. Farmers' Co. v. Freeman, 179 S. W. 648.

Bank of Estill County, 179 S. W. 29.

Om 154 (Ark.) Evidence in an action by a deATTRACTIVE NUISANCE. positor against a bank to recover the amount

deposited, which the bank turned over to a See Evidence, Ow5; Municipal Corporations, third person, held sufficient to support a diOur 762.

rected verdict for the defendant-Swift v. First

Nat. Bank of Lewisville, 179 S. W. 810.

Evidence of transaction between person to

whom bank paid funds of a depositor and the See Carriers, Om2, 4; Constitutional Law, Om vice president of the bank, involving the funds

208; Damages, em 113, 188; Homicide, om paid, held properly excluded as immaterial.-Id. 68; Licenses, Ow7; Master and Servant, Om 301, 302, 333; Municipal Corporations,

(D) Collections. Om 121, 703-706.

Om 156 (Ark.) Bank in collecting draft held to

have acted as drawer's agent, and, drawer beAVOIDANCE.

ing guilty of fraud, drawee could recover the

amount paid from the bank.-Oklahoma State See Infants, Omw 58.

Bank v. Bank of Central Arkansas, 179 S. W.

509. BAIL.

Om 165 (Ark.) Party induced to pay draft to

bank by fraud held entitled to recover payment II. IN CRIMINAL PROSECUTIONS.

notwithstanding cashier's attempted appropriaOm42 (Tex.Cr.App.) Under Const. art. 1, § 11, tion of the funds in payment of a note after reall prisoners are to be admitted to bail, save ceiving notice of the fraud. -Oklahoma State when the proof is evident not only that accused Bank v. Bank of Central Arkansas, 179 S. W. is guilty, but that the jury will, if they prop-1509.

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(H) Actions.

BILLS AND NOTES. Om 226 (Ky.) Petition, in action against a bank by a customer, based on bank's refusal to give See Alteration of Instruments, ww25; Appeal a correct statement of account, whereby he

and Error, m 80; Chattel Mortgages, Om

241; Embezzlement, Om6; Evidence, suffered a loss, held not to state a cause of action.-Vasa Ćo. V. Ohio Valley Banking &

423, 434, 441, 471, 472; Indemnity, 6;

Novation, Ow4; Principal and Surety, Cum Trust Co., 179 S. W. 1045.

27. 115, '156; Trial, 25, 191, 194, 199,

251, 252; Usury, On 32. IV. NATIONAL BANKS. Om 262 (Tex.Civ,App.) The cashier of a nation- I. REQUISITES AND VALIDITY. al bank has power to transfer notes and bills

(D) Acceptance. receivable, payable to the bank, without special authority from the directors.-Memphis Cotton Cw68 (Tex.Civ.App.) The drawee of an order Oil Co. v. Gist, 179 S. W. 1090.

held not to have accepted the order by the words, "the order shall have our attention" at

an uncertain time.-H. J. Murrell & Co. v. EdBAR.

wards, 179 S. W. 532. See Judgment, 540.

(F) Validity.

Om 103 (Tex.Civ.App.) Cashier's misrepresentaBASTARDS.

tion to maker of note to bank as to its amount

that he was also a party and would stand beI. ILLEGITIMACY IN GENERAL. tween her and all danger held sufficient ground m3 Tenn.) The presumption of the legiti- for a cancellation.---Lockney State Bank v. Dammacy of a child born during wedlock is in- ron, 179 S. W. 552. dulged, though antenuptial conception is made Om 114 (Ky.) Defendant, in action on notes, canto appear.–Jackson v. Thornton, 179 S. W. not counterclaim for amount of notes he has 384.

paid innocent purchasers, when notes were all The presumption of the legitimacy of a child given in consideration of a fraudulent contract, born during wedlock is weakened, and may be to the fraud of which he did not object until overcome by a less weight of evidence where three months after learning of it.-American antenuptial conception is shown.-Id.

Mfg. Co. v. Crittenden Record-Press, 179 S. W. Presumption of legitimacy held overcome on-456. ly by clear, strong, and convincing testimony, and not by a mere preponderance, or by neigh- II. CONSTRUCTION AND OPERATION. borhood rumor and suspicion, though antenup-129 (Tex.Civ.App.) Bringing of suit tial conception is shown.--Id.

notes containing stipulations that failure to

pay one, when due should mature the other at BATTERY.

holder's election, one being past due when suit

was instituted, held sufficient to show holder's See Assault and Battery.

election to declare second note due.-Stewart v.


V. RIGHTS AND LIABILITIES ON INSee Building and Loan Associations; Insur- DORSEMENT OR TRANSFER. ance, Omw 687-825.

(D) Bona Fide Purchasers. Omw 4 (Tex.Civ.App.) A colored order, known in 378 (Tex.Civ.App.) Change in personality, as the Free and Accepted Masons, held not number, or relation of parties to instrument, entitled to enjoin a rival order from the use of without consent of the opposite party, held to the name of the Ancient Free & Accepted Ma- avoid it, even in the hands of an innocent pursons, Colored. Free and Accepted Masons of chaser. -Bolt v. State Savings Bank of Manthe State of Texas V. Ancient Free and Ac-chester, Iowa, 179 S. W. 1119. cepted Masons, Colored, 179 S. W. 265.


TICE AND PROTEST. See Criminal Law, m398–404; Evidence, Om

ww400 (Mo.App.) Where plaintiff bank located

in Missouri received a check on a bank in 158.

Iowa and presented it through the ordinary BETTING.

channels of business, and protested it when paySee Gaming.

ment was refused, there was no failure of due
diligence.-First Nat. Bank of Grant City v.

Korn, 179 S. W. 721.

Cum 410 (Mo.App.) Under Rev. St. 1909, $ 6329, See Food, On 25.

certificate of protest verified on day of trial in

justice court held sufficient in trial de novo in BIAS.

circuit court seven months later.-First Nat.

Bank of Grant City v. Korn, 179 S. W. 721. See Jury, Om97; Witnesses, w 369, 376.

Om 414 (Mo.App.) Under Rev. St. 1909, $ 10125,

it was not necessary that drawer of check who BIGAMY.

had notified drawee bank not to pay it be noti

fied of its protest.-First Nat. Bank of Grant See Criminal Law, 597.

City y. Korn, 179 S. W. 721. em (Tex.Cr. App.) One who marries another enw 421 (Mo. App.) The requirement as to nounder the honest belief that he has been di- tice of the protest of a check is met by putting vorced from his first wife is not guilty of biga- it into the proper post office in due time, propmy.-Chapman v. State, 179 S. W. 570.

erly directed.-First Nat. Bank of Grant City

v. Korn, 179 S. W. 721. BILL OF LADING.

VII. PAYMENT AND DISCHARGE. See Carriers, Om58, 83.

ww430 (Tex.Civ.App.) Where either of two

renewal notes constituted a novation, the note BILL OF PARTICULARS. for which the renewals were given was no long

er a binding obligation.-First State Bank of


had partitioned, R., while erecting a boundary ww493 (Ky.) In the absence of proof to the fence, agreed to remove it if a shortage be escontrary, there is a presumption that a paid tablished, he thereby waived no rights, there check was executed for valuable consideration. having been no shortage, but B. having allowed

another to encroach on his part.-Boone v. Rob-Hatfield's Adm'r v. Hatfield, 179 S. W. 832.

inson, 179 S. W. 452. Om 499 (Tex. Civ.App.) In an action on a note, defendants, whose pleadings raised the block which contained a surplus of 18 inches

" Omw 55 (Ky.) Two lot owners in the center of a issue that plaintiff had failed to account for held bound by the descriptions in their deeds, certain collateral, and sought relief to the extent of the value thereof, had the burden of and not entitled in an action between them

alone to have their corners shifted so as to showing the value of the securities not accounted for.–First State Bank of Amarillo v. Hickman, 179 s. W. 17.

apportion their share of the surplus.-Elam v. Cooper, 179 S. W. 295. Om511 (Tex.Civ.App.) In an action on a note, BREACH OF MARRIAGE PROMISE. with an allegation of an agreement that certain collateral should be divided between the See Trial, em 192. note and another, evidence of a defendant's uw 13 (Mo.App.) After breach of a promise of objection at the time of making such agreement marriage a subsequent offer

hedged around with to any switching of the collateral to protect conditions is no defense.-Chapman v. Brown, the other note was admissible.- First State 179 S. W. 774.

— Bank of Amarillo v. Cooper, 179 S. W. 295.

On 20 (Mo. App.) An action for breach of marOww 518 (Ky:) In an administrator's action on a riage promise being founded on contract, it note found among decedent's papers, evidence will be presumed that the complaining party held sufficient to authorize chancellor's judgment possessed legal capacity to enter into such rethat a payment by the decedent to the maker lation, and hence defendant has the burden of the note, his grandson, was supported by of proving plaintiff's incapacity.-Chapman v. consideration other than the note.-Hatfield's Brown, 179 S. W. 774. Admir v. Hatfield, 179 S. W. 832.

29 (Mo.App.) After breach of a promise of Omw 537 (Mo.App.) Whether facts constitute due marriage a subsequent offer hedged around with diligence in the presentation of a check to the conditions cannot be considered in mitigation drawee bank is a question of law for the court. of damages.-Chapman v. Brown, 179 S. W. -First Nat. Bank of Grant City v. Korn, 179 774. S. W. 721. 537 (Mo.App.) What is valuable considera

BRIDGES. tion for the release by the payee of a note of See Counties, Omw165; Waters and Water his rights thereunder is a question of law.

Courses, Os 171.
Lumpkin v. Strange, 179 S. W. 742.
Om 537 (Tex.Civ.App.) Whether either of two

renewal notes constituted a novation was a
question for the jury.-First State Bank of See Appeal and Error, 758–773.
Amarillo v. Cooper, 179 S. W. 295.
537 (Tex. Civ.App.) In suit on a note which

BROKERS. was in evidence and its execution admitted by See Evidence, am 317; Pleading, ww129; defendant, a claimed accommodation surety, peremptory instruction for plaintiff held proper.

Trial, em 329. -Banks v. Mixon, 179 S. W. 690.


53 (Mo.App.) Real estate firm which aided

in final consummation of lease by another firm See Alteration of Instruments, Omw20; Bills to some extent held not entitled to a commis

and Notes, 378; Vendor and Purchaser, sion from the owner.-Mason v. James M. CarOn 228-239.

penter Realty Co., 179 S. W. 945. BONDS.

Om61 (Tex.Civ.App.) Brokers' knowledge of See Appeal and Error, ww1230;, Attachment, contract held not to defeat right to commissions,

incumbrances which prevented consummation of Om 191-343; Bail; Mechanics' Liens, Om 313; Municipal Corporations, cm 918; Se Where defendants entered into a contract bind

a questration, On 20.

ing themselves to remove such incumbrances.

Levy v. Dunken Realty Co., 179 S. W. 679. BOOKS OF ACCOUNT.


82 (Tex.Civ.App.) In broker's action for

commissions, complaint held to allege ability BOUNDARIES.

and willingness of party to make exchange of

lands, and not merely ability and willingness to I. DESCRIPTION.

make the exchange or pay the stipulated dam

ages.-Levy v. Dunken Realty Co., 179 S. W. On 3 (Ark.) Where the descriptions of the 679. boundaries of a tract are uncertain and con- Allegation that person procured by brokers flicting, distances yield to courses and courses was ready, able, and willing to carry out conto monuments.-Paschal v. Swepston, 179 S. tract of exchange held equivalent to allegation W. 339.

that he had title to the land he contracted to

exchange.--Id. II. EVIDENCE, ASCERTAINMENT, AND 88 (Mo.App.) In an action by real estate ESTABLISHMENT.

brokers for a commission, whether they or anOm 37 (Tex.Civ. App.) In an action involving other firm was the efficient cause in effecting deboundary, evidence held to show that the plat, fendant's lease to a third party held for the as made, was result of a mistake, and that it jury.-Mason v. James M. Carpenter Realty was not intended to include in the addition in Co., 179 S. W. 945. which plaintiff bought property other unplatted property not belonging to plaintiff's grantor.- VI. RIGHTS, POWERS, AND LIABILILockwood Inv. Co. v. Geiselman, 179 S. W. 549.

TIES AS TO THIRD PERSONS. On 46 (Ky.) Where, on claim of B. that there 94 (Tenn.) A landowner who makes a sale was a shortage in the lot which he and R. through a duly authorized broker is bound by the broker's statements as to the quantity of I. CONTROL AND REGULATION OF the land.-Caughron v. Stinespring, 179 S. W.


(A) In General.

Om2 (Tenn.) Acts 1915, c. 60, regulating jitBUILDING AND LOAN ASSOCIA

neys held constitutional. City of Memphis v. TIONS.

State, 179 S. W. 631.

4 (Tenn.) A jitney being self-propelled, not Om 3 (Ky.) Amendments of articles of incorpo- a street car, operating between certain points ration, increasing capital stock of a building at a certain fare, approximately five cents, and association and authorizing an increase of cor- so held out, advertised, or announced, is a comporation's indebtedness, did not render it a mon carrier.-City of Memphis v. State, 179 S. new corporation to subject its stock to an W. 631. organization tax.-Avery Bldg. Ass'n v. Com-om 13 (Tex.Civ.App.) It is contemplated by monwealth, 179 S. W. 39.

Rev. St. 1911, art. 6670, that the Railroad An amendment of the charter of a building Commission shall establish rules against unassociation organized in 1888, before the en- just discrimination against freight destined to actment of Ky. St. § 4225, upon the original | a connecting carrier. -Consumers' Lignite Co. capitalization of which no organization tax had v. Houston & T. C. R. Co., 179 S. W. 306. been imposed, held to create a new corporation, Under rule 2 of the Railroad Commission, subjecting the original capital to such a tax. held, that a carrier was not excused, by reason -Id.

of local custom to observe the following MonC4 (Ky.) The "Home and Sayings Fund Com- day, from duly transporting freight on Monday, pany," an existing corporation, which changed because Sunday, as March 28, was a legal its name merely by adding the words “Build-holiday.-Id. ing Association," to comply with Ky. St. $ 856, Reply by chairman of Railroad Commission did not thereby become a new corporation.- to an inquiry by railroad company as to whethAvery Bldg. Ass'n v. Commonwealth, 179 S.er the following Monday would be recognized W. 39.

as free time, when Sunday was also a legal holiday, held not to show a rule of the Com

mission to that effect.-Id. BUILDING CONTRACTS.

Om20 (Tex.Civ.App.) Where a railroad comSee Damages, Omw 78.

pany unreasonably delays a shipment destined

to a connecting carrier, the shipper's remedy is BULK SALES.

under subdivision 2, and not subdivision 1, of

Rey St. 1911, art. 6670.-Consumers' Lignite See Constitutional Law, C87, 240; Fraudu- Co. v. Houston & T. C. R. Co., 179 S. W. 306. lent Conveyances, Om3, 229, 314.

(B) Interstate and International TransBURDEN OF PROOF.


On32 (Tex.Civ.App.) An agreement of the See Criminal Law, 330.

agent of a carrier to reimburse the plaintiff

for damages suffered by injury to goods in shipBURGLARY.

ment is not an agreement for a rebate, suffi

cient to make it discriminatory within the See Criminal Law, 200, 404, 511, 517. interstate commerce law.-Missouri, K. & T. Ry.

Co. of Texas v. A. E. Want & Co., 179 S. W. II. PROSECUTION AND PUNISHMENT, 903. Om41 (Ky.) On a trial for breaking into a rail

II. CARRIAGE OF GOODS. road depot with intent to steal, the mere breaking and the taking of goods from the depot

(A) Delivery to Carrier. proves the motive actuating the commission of 39 (Ark.) Where an unprecedented rush of the crime.-Richardson v. Commonwealth, 179 business occurs, the carrier is not bound to S. W. 458. On a trial for breaking into a railroad de- moved.-St. Louis, I. M. & S. R. Co. v. Laser

accept goods_ until the emergency has been repot with intent to steal, evidence held suffi- Grain Co., 179 S.'W. 189. cient to support a conviction.-Id.

Om 45 (Mo.App.) A shipper was not entitled to

a mandatory injunction requiring an express BYSTANDERS.

company to deliver liquor shipments C. O. D.,

since it was compelling the express company to See Criminal Law, m1111.

contract against its will in a matter having nothing to do with its duty as a common car

rier.--Danciger v. American Express Co., 179 CANCELLATION OF INSTRUMENTS. S. W. 797. See Vendor and Purchaser, Om110, 112.

(B) Bills of Lading, Shipping Receipts,

and Special Contracts. II. PROCEEDINGS AND RELIEF.

53 (Ark.) A bill of lading is the symbol of

the property described therein, and its delivOmw 47 (Tex.Civ.App.) Testimony of

woman ery by the consignor to a bank with draft atseeking cancellation of note to bank for fraud tached is equivalent to a delivery of the propheld open to a construction rendering her agree-erty so far as they are concerned.-Vehicle Supment with the cashier of the bank not fraudu- ply Co. v. McInturff, 179 S. W. 999. lent as to the bank so as to defeat relief.-Lock- Defendant, wrongfully receiving goods and ney State Bank v. Damron, 179 S. W. 552. converting them to its own use, by applying the

proceeds to a debt due from the consignor, did

not stand in the position of a third person acCANVASS.

quiring rights without notice as against a bank

to whom consignor had indorsed bill of lading See Elections, On 260.

with draft attached.-Id.

Om 69 (Tex. Civ.App.) Evidence, in an action CARRIERS.

for damages for deterioration of goods shipped,

held to warrant submission of the issue whethSee Action, On4; Evidence, em 366; False er defendant's agent, who assumed to comproImprisonment, eww15, 24; Judgment, @ww597; mise a claim, had been held out to shippers and

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