Right of contractor for a building to abandon
'it, and compel the owner to complete it, and ac-
count for the balance of the contract price.-
Bernz v. Marcus Sayre Co. (N. J. Err. & App.)
21.

The practical interpretation put upon the in-
strument by the parties thereto will frequently
control its interpretation.-Helme v. Strater (N.
J. Ch.) 333.

The construction consistent with the language
of the contract adopted by the parties will gov-
ern.-Varney v. Bradford (Me.) 115.

Action on contract.

A count alleging that plaintiff has been great-
ly injured by the breach thereof is defective.-
Lathrop v. Visitor Printing Co. (R. I.) 964.

Contributory Negligence.
See "Carriers"; "Master and Servant"; "Neg-
ligence"; "Railroad Companies."

CONVERSION.

See, also, "Trover and Conversion."
By pledge, see "Pledge."

Applicability of the principle of conversion to
justify the determination of the legality of a
devise according to the law of the state where
the land is situate, and not according to the
law of testator's residence.-Guarantee Trust &
Safe-Deposit Co. v. Maxwell (N. J. Ch.) 339.
Question whether a testamentary disposition
of land effected a conversion thereof, no one be-
ing directed to sell, sale being forbidden ex-
cept on contingencies, and the shares of cer-
tain persons therein being referred to as shares
"of the piece of ground."- Irvin v. Patchin
(Pa.) 436.

CORPORATIONS.

See, also, "Banks and Banking"; "Carriers";
"Horse and Street Railroads"; "Insurance";
"Municipal Corporations"; "Railroad Compa-
nies."

Compelling inspection of books, see "Mandamus."
Sufficiency of evidence to show the existence
of a corporation on a prosecution for receiving
goods stolen from such corporation.-State v.
Habib (R. I.) 462.

Where persons incorporate under the general
incorporation law by recording a certificate
with the clerk of court, no further proof of ac-
ceptance of the charter is necessary.-Glymont
Improvement & Excursion Co. v. Toller (Md.)
651.

Sufficiency of evidence to show organization
of a corporation within the state, though the
directors had their first meeting and organized
outside the state. Glymont Improvement &
Excursion Co. v. Toller (Md.) 651.

A foreign corporation which is given certain
rights by the laws of another state will be
compelled to produce its books, in the hands of
the president, residing in such other state, for
inspection by a nonresident stockholder.-State
V. Swift (Del. Super.) 781.
Officers.

A director acting as the agent for a corpora-
tion in a certain transaction is chargeable with
knowledge that his associate directors have been
acting as agents in the same transaction.-
Woodbury Granite Co. v. Mulliken (Vt.) 28.

A statement on a letter head that correspond-
ence with the company should be addressed to
the treasurer gives him an apparent power to
make contracts.-Woodbury Granite Co. v. Mul-
liken (Vt.) 28.

Evidence examined and held insufficient to
show that the sale to a corporation was made
on the personal credit of the directors.--Wood-
bury Granite Co. v. Mulliken (Vt.) 28.

Where, after contract to sell property to the
officers of a corporation personally, the seller
sells to the corporation, and takes its notes in
payment, the officers are not personally liable.-
Woodbury Granite Co. v. Mulliken (Vt.) 28.
Stock.

Evidence examined, and held to show that the
stock in a corporation was paid up, and the
subscribers were not liable to creditors for the
amount_subscribed. - American Tube & Iron
Co. v. Hayes (Pa.) 936.

A stockholder who does not take his share of
an increase of stock cannot complain that those
who took the stock gained an advantage over
him, as his right to take stock may be sold.-
Jones v. Concord & M. R. R. (N. H.) 614.

Laws 1889, c. 5, § 10, authorizing an increase
of the capital stock of the Concord & Montreal
Railroad Company, is a valid grant, and repeals
Gen. Laws, c. 158, §§ 8, 9, so far as it is in-
consistent therewith.-Jones v. Concord & M.
R. R. (N. H.) 614.

Right of stockholder to enjoin an issue of
stock on the ground that a distribution there-
of other than that adopted would be more profit-
able to him.-Jones v. Concord & M. R. R. (N.
H.) 614.

Right of stockholders' meeting to provide that
an increase of stock shall be apportioned among
all classes of stockholders who may subscribe
at par in proportion to their holdings.-Jones v.
Concord & M. R. R. (N. H.) 614.

Sufficiency of notice to stockholders of a meet-
ing called to authorize an increase of capital
stock.-Jones v. Concord & M. R. R. (N. H.)

614.

Where a corporation is authorized to increase
its capital, and the act does not provide the
class of stock to which the increase shall belong,
the inference is that it is to be common stock.
-Jones v. Concord & M. R. R. (N. H.) 614.

Where the legislature authorizes an increase
of stock for a certain purpose, the courts will
not inquire into the necessity of the increase.-
Jones v. Concord & M. R. R. (N. H.) 614.

Affidavit of defense in an action by a corpo-
ration on a stock subscription examined, and
held insufficient.-Sigua Iron Co. v. Vandervort
(Pa.) 491.

Members and stockholders.

Where a joint-stock association owns stock
in another association, a stockholder of the
former may maintain a bill to enjoin ultra vires.
acts of the latter.-Carter v. Producers' & Re-
finers' Oil Co. (Pa.) 391.

Right of stockholder in a corporation, which
agreed, without dissent by any stockholder, to
convey its assets to a new corporation with a
slightly different charter, to refuse to take stock.

Insolvency and receivers.

Suspension of business by a corporation when
it is not clearly shown that it is insolvent is not
ground for the court to assume jurisdiction.-
Cook v. East Trenton Pottery Co. (N. J. Ch.)
534.

Duty of a receiver to pay the state franchise
tax until the sale of the franchise. In re
George Mather's Sons Co. (N. J. Ch.) 321.

The receiver of an insolvent corporation in
possession of its assets is a necessary party to
a petition by the state to restrain the transac-
tion of business because of nonpayment of the
franchise tax. In re George Mather's Sons Co.
(N. J. Ch.) 321.

Criminal prosecution.

A corporation may be indicted under the com-
mon law. Commonwealth v. Lehigh Valley R.
Co. (Pa.) 836.

COSTS.

Setting aside taxation, see "Audita Querela."
Where plaintiff discontinues without any rul-
ing or any adjudication, the defendant is the
prevailing party, and entitled to costs.-Watson
v. Delano (Me.) 114.

Right of defendant to costs where plaintiff
refused to accept a judgment tendered, and
thereafter, by leave of court, defendant paid the
amount tendered, with accrued costs.-McLane
v. Hoffman (Pa.) 399.

Propriety of action of court in attaching, as a
condition to the revocation of the appointment
of a guardian appointed without jurisdiction,
the payment of the costs in that proceeding
and in other proceedings instituted by such
guardian. Mintzer v. Green (Pa.) 153.

Counterclaim.

See "Set-Off and Counterclaim."

COUNTIES.

Control over bridges, see, also, "Bridges."
Officers compelling performance of duty, see

"Mandamus."

The county board, under County Road Act,
§ 11, cannot decide as to the truth of a statement
in a bid, and award the contract to another bid-
der, without giving the former bidder an oppor-
tunity to be heard.-Connolly v. Board of Cho-
sen Freeholders of Hudson County (N. J. Sup.)
548.

Under County Road Act, § 11, contracts must
be awarded to the lowest responsible bidder fur-
nishing good sureties, unless the board deter-
mine to reject all bids.-Connolly v. Board of
Chosen Freeholders of Hudson County (N. J.
Sup.) 548.

County commissioners can have the work
of transcribing the register, and of extending
taxes, etc., done by clerks on fixed salaries.
Commonwealth v. Mercer (Pa.) 501.

The board of chosen freeholders cannot give
a street-car line the exclusive right to lay tracks
on a bridge maintained by the board, which is so
narrow that no vehicle could cross while the

car was passing.-Elmer v. Board of Chosen
Freeholders of Cumberland County (N. J. Sup.)
475.

Act May 8, 1876, authorizing counties to ac-
quire bridges, applies to the county of Philadel-
phia, though the city and county of Philadelphia
are consolidated.-In re City Avenue and Ger-
mantown Bridge (Pa.) 388; Appeal of Williams,
Id

COURTS.

an order to assign dower upon any other de-
The orphans' court has no power to refuse

fense than one which would be available at law.
-McCaulley v. McCaulley (Del. Super.) 735.

The courts of the situs of lands are not bound
by the decree of a court of another state, affect-
ing such lands, in an action in which their ju-
risdiction is purely in personam.-Bullock v.
Bullock (N. J. Err. & App.) 676.

The courts of the situs of lands cannot be
compelled to issue decrees to enforce the pro-
cess of courts of another state, or the perform-
ance of acts required by the decree of such
courts, affecting such lands.-Bullock v. Bullock
(N. J. Err. & App.) 676.

Where a case of which the common pleas has
original jurisdiction is brought in the circuit
court, and sent to the common pleas, to be tried
under Act 1892, p. 224, and is tried without
objection, the jurisdiction of the trial court can-
not be questioned after judgment.-North Hud-
son County Ry. Co. v. Flanagan (N. J. Sup.)
476.

Act March 28, 1892, does not confer on courts
for the trial of small causes jurisdiction over
the violation of an ordinance forbidding the
driving of a grocery wagon without a license.-
Guerin v. Borough of Asbury Park (N. J. Sup.)
472.

The decision of the majority of the court of
quarter sessions is the decision of the court,
though the president judge dissents. In re
Branch (Pa.) 296; Appeal of Beck, Id.

COVENANTS.

See, also, "Deed."

land, and a grantee of the adjacent lots may en-
Building restrictions in a deed run with the
join their violation. - Muzzarelli v. Hulshizer
(Pa.) 291.

Where a city awards contracts for grading
under an act afterwards held unconstitutional,
and thereafter, by a curative act, the improve-
ments were made valid, and the city authorized
to collect the expenses thereof, they constitute
an incumbrance, within a covenant in a deed
made after the passage of such curative act,
warranting against incumbrances.-Lafferty v.
Milligan (Pa.) 1030.

In an action for breach of covenant of title,
there cannot be recovery as for eviction from all
of the land on proof merely that an owner of a
half interest therein obtained judgment there-
for.-McGrew v. Harmon (Pa.) 265.

Coverture.

whether the sum to be paid by him in case of
breach of contract was a penalty or liquidated
damages. Wilkinson v. Colley (Pa.) 286.

Defendant cannot show damages by a letter
from plaintiff containing an offer of compromise.
-Fowles v. Allen (Conn.) 144.

Dangerous Premises.

See "Negligence."

DEATH BY WRONGFUL ACT.
See, also, "Conflict of Laws."

Case in which a verdict of $8,000 for the death
of an unskilled workman was regarded as exces-
sive.-Welch v. Maine Cent. R. Co. (Me.) 116.

No action lies for the death of one killed
through defendants' negligence in omitting to
shore up the roof of their mine.-Myette v.
Gross (R. I.),602.

In an action for injuries causing death, evi-
dence as to money received on an insurance
policy of the deceased is inadmissible for the
purpose of reducing damages.-Coulter v. Town-
ship of Pine (Pa.) 490.

Decedents.

DEDICATION.

Where lots are sold according to a plat, it
does not amount to a dedication to public use,
where there was no acceptance on the part of
the public, or actual enjoyment thereof.-New
York & L. B. R. Co. v. Borough of South Am-
boy (N. J. Sup.) 628.

Where one who opens an alley declares his
intent to dedicate it, and applies to the city to
keep it in order, which it does, it constitutes
a dedication.-Dubois Cemetery Co. v. Griffin
(Pa.) 840.

DEED.

See, also, "Acknowledgment"; "Boundaries"
"Covenants"; "Fraudulent Conveyances"
"Mortgages"; "Vendor and Purchaser."
Alteration, see "Alteration of Instruments."
Leases, see "Landlord and Tenant."
Tax deeds, see "Taxation."

Description.

Where the deed is to land bounding on a cer-
tain road, the grantee takes the fee to the
center, it being in the grantor when the deed
was made.-Foreman v. Presbyterian Ass'n of
Baltimore (Md.) 1114.

A description in a deed examined, and held
to include the fee in the road on which the land
bounded. Foreman v. Presbyterian Ass'n of

DECEIT.

See, also, "Fraud"; "Fraudulent Conveyances."
Measure of damages in an action for deceit
in representing certain stock sold to plaintiff to
be at par, plaintiff paying only one-half the par
value.-Weaver v. Shriver (Md.) 189.

An action of deceit for fraud in the sale of
land to plaintiff by defendant's agent cannot be
maintained where defendant neither partici-
pated in nor knew of such fraud.-Freyer v.
McCord (Pa.) 1024.

Liability of one who fraudulently, but in
good faith, represented to another that a forged
signature was genuine.-Lamberton v. Dunham
(Pa.) 716.

In an action for false representations in the
sale of shares of stock, proof of the substance
and legal effect of the language is sufficient in
establishing the deceit. - Weaver v. Shriver
(Md.) 189.

A purchaser of corporate stock, who was em
ployed by the corporation, and had ample op-
portunity to ascertain the value of the stock,
will be deemed to have had notice of its true
value. Weaver v. Shriver (Md.) 189.

Construction and effect.

Question whether a deed reserving a life es-
tate in the grantor was a will.-Knowlson v.
Fleming (Pa.) 519.

A deed to the trustees of a church for the
thereon gives the grantor no right to object to
use of the congregation organized to build
a sale of the lot to pay off a mortgage on a lot
thereafter acquired for a church building.-In
re United Presbyterian Church of Fleming Sta-
tion (Pa.) 1012; Appeal of Teuteberg, Id.

of land are repugnant the first should prevail.-
There is no rule that if clauses in a description
Rathbun v. Geer (Conn.) 60.

Effect of reservation in deed of a right of
way.-Moffitt v. Lytle (Pa.) 922.

Effect of reservation in deed of the timber on

the land, the grantor having merely the legal
title.-Irvin v. Patchin (Pa.) 436.

An habendum clause which is repugnant to
the estate vested by the deed is void.-Foreman
v. Presbyterian Ass'n of Baltimore (Md.) 1114.

Construction of a trust deed, providing that
the income of the property be paid to the gran-
tor's wife, and that, on her death, it should be
conveyed to her children and heirs, as not being
within the rule in Shelley's Case.-Cowell v.
Hicks (N. J. Ch.) 1091.

Construction of reservation in deed conveying
a private alley of the right to "build over" such
alley as the same was then done.-Meigs v.
Lewis (Pa.) 505.

Declarations.

See "Pleading."

Declarations and Admissions.

See "Evidence."

De Facto Officers.

Defective Appliances.

See "Master and Servant."

Defective Bridges.

See "Bridges."

Defective Streets.

See "Municipal Corporations."

Delivery.

Of gift, see "Gifts."

Deposit..

See "Banks and Banking."

DESCENT AND DISTRIBUTION.
See, also, "Adoption"; "Dower"; "Executors
and Administrators"; "Wills."

Act April 27, 1855, enables illegitimate chil-
dren in foreign countries to inherit from their
mother.-In re Waesch's Estate (Pa.) 1124.

Declarations of deceased parents are admis-
sible to prove the legitimacy of their children.-
Jackson v. Jackson (Md.) 752.

Where a husband, without having procured a
divorce, marries again, it does not affect his
deserted wife's claim to his estate. In re
Grieve's Estate (Pa.) 727; Appeal of Martin, Id.
A conveyance by a mother to her son is not
an advancement, though she originally paid for
the property, where the son had turned over
his earnings to the mother for 17 years after be-
coming of age, and had improved the property.
-Beakhust v. Crumby (R. I.) 453.

Description.

In deed, see "Chattel Mortgages"; "Deed."

Desertion.

As ground for divorce, see "Divorce."

Devise and Legacy.

See "Wills."

Discharge.

See "Release and Discharge."

Of executors and administrators, see "Executors
and Administrators."

Of insolvent, see "Insolvency."

Of servant, see "Master and Servant."

Discontinuance.

tiff money, and repeatedly requested her to live.
with him.-Davis v. Davis (N. J. Ch.) 20.

Where the evidence as to desertion is con-
flicting, the question may be submitted to the
jury.-Beck v. Beck (Pa.) 236.

Propriety of setting aside a decree of divorce
on the ground of failure to serve process on de-
fendant, though there was a return of service
by the officer.-Locke v. Locke (R. I.) 422.
Documents.

As evidence, see "Evidence."

Dogs.

Damages for bite, see "Damages.
Liability of owner, see "Animals."

DOWER.

Effect on right of widow to elect to take dow-
er in lieu of devise, of an agreement between
husband and wife, made during coverture, set-
tling the wife's estate on her.-McCaulley v.
McCaulley (Del. Super.) 735.

his widow and children, so as to show an in-
Where testator divides his property between
tention that they shall share equally therein,
there is a presumption that the widow's por-
tion is given her in lieu of her dower.-Helme
v. Strater (N. J. Ch.) 333.

Act March 27, 1878, relative to inchoate
dower, does not apply when the marriage oc-
curred, and the land vested in the husband,
before the passage of the act.-In re Alexander
(N. J. Ch.) 817.

On sale of land, in which a widow has a dow-
er, by her consent, she is entitled to a sum not
exceeding one-seventh, and not less than one-
tenth of the net proceeds.-Stein v. Stein (Md.)
703.

On sale of land, in which a widow has dower,
without her consent, it is subject to her dower.
-Stein v. Stein (Md.) 703.

Case in which court will make election for
widow as between dower and devise in lieu
thereof, she having died before she had oppor-
tunity to do so.-Spruance v. Darlington (Del.
Ch.) 663.

main."

DISCOVERY.

A creditor of a decedent may go into equity for
the discovery of assets in the hands of the
executors.-Dodson v. Sevars (N. J. Ch.) 477.

On proceedings for discovery in aid of ex-
ecution, an ex parte affidavit by petitioner's at-
torney as to certain personal property delivered
to the debtor does not authorize the appoint-
ment of a receiver.-Adler v. Turnbull (N. J.
Sup.) 319.

Where, on petition for discovery in aid of ex-
ecution, the examination by the commissioner
discloses no property of the debtor which is not
exempt, a receiver cannot be appointed.-Adler
v. Turnbull (N. J. Sup.) 319.

DIVORCE.

Sufficiency of evidence to establish adultery
on the part of defendant in a suit for divorce.-
O'Brien v. O'Brien (N. J. Ch.) 875.

· Construction of will as to whether it was tes-
should be taken in lieu of her dower.-Helme
v. Strater (N. J. Ch.) 333.

EASEMENTS.

Right of the owner of an estate subject to a
right of way to plow the land on which the right
of way is located.-Moffitt v. Lytle (Pa.) 922.

Land sold held to be burdened with an ease-
ment in the hands of the purchaser, so as to
allow a simultaneous purchaser of an adjacent
dwelling to use a water pipe on the land for
bringing water to the dwelling.-Larsen v. Pe-
terson (N. J. Ch.) 1094.

A water pipe leading from a well to a dwell-
ing held to form an easement which passed by
the conveyance of the dwelling, the owner re-
taining the yard.-Larsen v. Peterson (N. J.
Ch.) 1094.