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deceased to plaintiff.-Redding v. Redding's Es-
tate (Vt.) 230.

Evidence held relevant as tending to show that
deceased gave plaintiff the notes in suit.-Red-
ding v. Redding's Estate (Vt.) 230.


Of goods, see "Sales."

Of note, see "Bills and Notes."


In injunction, see "Injunction."

Of cities, see "Municipal Corporations."
Of states, see "States."

On appeal, see "Appeal and Error."
Secured by mortgage, see "Mortgages."
Sureties on bonds, see "Principal and Surety."

In an action on insolvent bond, special plea
held bad on demurrer.—Hart v. Boyle (N. J. Sup.)


See "Municipal Corporations."


See, also, "Fences."

Of towns, see "Towns."

The location of a bridge, and its character,
when established by a board of chosen freehold-
ers, will not be reviewed by the court.—Fergu-
son v. Board of Chosen Freeholders of Passaic.
County (N. J. Sup.) 676.


Notice to director in transactions between the
association and himself individually held not to
charge the association with notice.-Merchant-
ville Building & Loan Ass'n v. Zane (N. J. Ch.)

Where a second mortgage had been executed
to a third person on the same premises, held, that
allowing a borrowing member, who had pledged
his stock as collateral, to withdraw it, and sub-
stitute shares of current series, which were then
of little value, was not a payment of the mort-
gage, so as to postpone it to the second mort-
gage.--Merchantville Building & Loan Ass'n v.
Zane (N. J. Ch.) 420.

On what basis borrowing member may redeem
mortgaged property from insolvent association.
-Moran v. Gray (N. J. Ch.) 668.

When relation of association and borrowing
member becomes that of ordinary lender and
borrower.-Moran v. Gray (N. J. Ch.) 668.

In computing the amount due on a mortgage
which has become matured by the insolvency of
the association, a borrower should receive cred-
it for all his payments of interest or premium,
but not of dues.-Weir v. Granite State Provi-

Where only exterior lines of surveys in the
name of the same warrantee are located, the en-dent Ass'n (N. J. Ch.) 643.
tire lines are to be ascertained under the rules
applicable to the block system.-Morrison v. Sea-
mans (Pa.) 710.

Where many tracts inclosed by exterior lines
of surveys are without marks on their own lines,
adopted marks by surveyors for the location of
the tract will control. Morrison v. Seamans
(Pa.) 710.

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When a deed gives a boundary by land of an-
other, the true line of the ownership of the ad-
joining land is the monument, and it matters not
whether the deed of the land referred to is re-
corded.-Smith v. Sweat (Me.) 554.

Where the evidence as to surveys was contra-
dictory, it was for the jury to determine whether
a relocation by the surveyor had been run as a
division line of the tract.-Humphrey v. Cooper
(Pa.) 994.

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Where plaintiff sues for a breach, and in an-
other count for services rendered during engage-
ment, she is not entitled to recover on both counts.
-Smith v. Hall (Conn.) 386.

Evidence of the relationship existing between
the parties prior to divorce of one of them for
purpose of the marriage held admissible.-Smith
v. Hall (Conn.) 386.

Evidence of good character on part of plaintiff
held admissible in rebuttal.-Smith v. Hall (Conn.)


Duty of town to repair, see "Towns."

Act June 13, 1836, providing that certain
bridges may be erected at the expense of a coun-
ty, held to apply only where the highway actual-
ly existed across the stream.-In re Bridge be-
tween Boroughs of Connellsville and New Haven
(Pa.) 478.

When the association goes into insolvency, the
mortgages held by it become due at once, and
the receiver may foreclose, and the mortgagor
may redeem.-Weir v. Granite State Provident
Ass'n (N. J. Ch.) 643.

Where all the premium was deducted when
the loan was made, the borrower should be char-
ged with the amount actually paid him with in-
terest, and credited with all interest paid by him,
including that paid on the premium.-Weir v.
Granite State Provident Ass'n (N. J. Ch.) 643.

Where the premium was not deducted when
the loan was made, but was paid in subsequent
installments, the borrower should be charged
with the amount received and interest, and cred-
ited with interest and premiums paid, including
interest on the installments of premium.-Weir
v. Granite State Provident Ass'n (N. J. Ch.) 643.
Securities deposited by a foreign building and
loan association with the secretary of state will
be controlled by the court for the benefit of the
shareholders of the state. - Irwin v. Granite
State Provident Ass'n (N. J. Ch.) 680.



See "Contracts."


See "Cemeteries."


Of beneficial association, see "Beneficial Asso-


The regulation of the Morris Canal Company
adopted April 7, 1873, as to bridges, held binding
on the public authorities.-Morris Canal & Bank-
ing Co. v. Board of Chosen Freeholders (N. J.
Sup.) 816.

Failure of canal company to restore canal in-
jured by flood held not to give private individuals
right of action for damages.-Saylor v. Penn-
sylvania Canal Co. (Pa.) 598.


For office, see "Elections."


See "Rape."


See, also, "Bailments."
Of mail, see "Post Office."

The fact that plaintiffs had for years run a
stage line from a railway station to their hotels
gave them no right to exclude another stage line
over the same route, where the proprietor of the
other did not represent his line to be that of
plaintiffs, or otherwise commit fraud.-Ricker v.
Portland & R. F. Ry. (Me.) 338.

An employé, who, in addition to his wages, is
to have daily transportation, held a passenger.-
McNulty v. Pennsylvania R. Co. (Pa.) 524.

Right of carrier to contract that goods at a
small station shall be delivered on a platform.
Allam v. Pennsylvania R. Co. (Pa.) 709.

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Delivery of goods at a platform where there is
no station, during a rain, held not to show negli-
gence.-Allam v. Pennsylvania R. Co. (Pa.) 709.
One trucking goods from the depot to different
stores, for particular customers, at prices fixed
in each case, is bound only to exercise reasonable
care.-Faucher v. Wilson (N. H.) 1002.

A common carrier is not liable for the loss of
molasses by the bursting of the barrel, caused
by the fermentation of the contents.-Faucher
v. Wilson (N. H.) 1002.

Alighting from slowly-moving horse car held
not contributory negligence per se.-New Jersey
Traction Co. v. Gardner (N. J. Err. & App.) 669.
Where the street car ran past the crossing,
and, on getting off, a passenger stepped on a
stone, and was injured, held, that the company
was not liable.-Conway v. Lewiston & A. Horse
R. Co. (Me.) 110.

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A street-car conductor need not assist a vigor- See "Equity."
ous young passenger to step down from the side
board of the car.-Conway v. Lewiston & A.
Horse R. Co. (Me.) 110.

A passenger, who, on being carried beyond his
station, alights, and, after walking on the track,
falls into a culvert, cannot recover from the
railroad company.-Fisher v. Paxson (Pa.) 407.



Evidence of, in action for breach of marriage
Of witness, see "Witnesses."
promise, see "Breach of Marriage Promise."


Negligence of conductor in ejecting intoxi-
cated passenger from the train, held not prox- To jury in civil actions, see "Trial."
imate cause of his death on another railroad,
some six hours later.-Hamilton v. Pittsburg
& L. E. R. Co. (Pa.) 1085.

A passenger held not entitled to punitive
damages for being forcibly ejected from the
car at his destination.-Smith v. Philadelphia,
W. & B. R. Co. (Md.) 1072.

Duties of driver of stagecoach as to passengers
therein determined. Haile v. Clayton & Hoff
Co. (N. J. Sup.) 805.

Instructions as to the degree of care required
in the operation of an electric line determined.-
Baltimore City Pass. Ry. Co. v. Nugent (Md.)

A passenger held not entitled to recover for in-
juries received by the breaking of the trolley
wire without the fault of defendant carrier.-
Baltimore City Pass. Ry. Co. v. Nugent (Md.)

An instruction requiring a carrier to exercise
the highest degree of care and diligence practica-
ble towards its passengers held proper.-Balti-
more City Pass. Ry. Co. v. Nugent (Md.) 779.


The doctrine of cy pres held not to apply.-
Brooks v. City of Belfast (Me.) 222.


Of municipal corporations, see "Municipal Cor-


See, also, "Pledges."

Failure to record the oath required under Pub.
St. c. 140, § 6, on recording of a chattel mort-
gage, held to render the mortgage invalid against
a bona fide purchaser.-Sherman v. Estey Organ
Co. (Vt.) 70.

Where the mortgagor retains possession of the
goods, and the mortgage is not recorded for more
than three years, it is void as to creditors.-Mc-
Innes v. McInnes Brick Manuf'g Co. (N. J. Ch.)

A chattel mortgage held not invalid as to other
creditors because delivered to landlord in pledge.
-Kane v. Lodor (N. J. Ch.) 966.

Chattel mortgage is good as against receiver
of mortgagor, though the affidavit is defective.-
Kane v. Lodor (N. J. Ch.) 966.


See "Mines and Minerals."


In an action to foreclose by assignee, the fact On judgment, see "Judgment."
that the assignee was indebted to the corporation
giving the mortgage held no defense.-Kane v.

Lodor (N. J. Ch.) 966.


A chattel mortgage, to be effective against See "Pledges."
third parties, must be acknowledged and record-

ed, where mortgagor remains in possession.-
Textor v. Orr (Md.) 939.


A defectively executed chattel mortgage or a See "Frauds, Statute of."
promise to execute a chattel mortgage creates

an equitable lien which will be enforced against
the mortgagor.-Textor v. Orr (Md.) 939.

A pre-existing debt is sufficient consideration Of taxes, see "Taxation."

for unrecorded chattel mortgage, to bind the
parties thereto.-Textor v. Orr (Md.) 939.



Lien of mortgage on a retail stock rests only

on the goods in stock when the mortgage was ex- Between parties to divorce suit, see "Divorce."
ecuted.-Kane v. Lodor (N. J. Ch.) 966.

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Against cities, necessity for filing, see "Munici- See "Carriers."
pal Corporations."

Against estate assigned for creditors, see "As-
signments for Benefit of Creditors.""

of decedent, see "Executors and Adminis-


of insolvent, see "Insolvency."


The successor to one who has been declared il-
legally elected clerk of the circuit court is en-
titled to hold the office for the full term provided
by the constitution. - Wells v. Munroe (Md.)

Act March 10, 1810 (P. L. 79), and Act April
2, 1868 (P. L. 11), construed as to fees of clerks
of court, and held, that the fees of a clerk of the
quarter sessions, who held any of the offices
enumerated in the act of 1868, were governed by
that act, and that, when the said clerk was also
clerk of oyer and terminer, the act of 1810 ap-
plied.-Commonwealth v. Fry (Pa.) 417.

The sum paid to the clerk of quarter sessions
in liquor license cases, though designated in the
law directing its payment as for "expenses," is a
"fee," within the acts requiring a percentage
of fees received by said officer to be paid into
the treasury.-Commonwealth v. Fry (Pa.) 417.


See "Quieting Title."


The presumption is that the common law of
a sister state is like the common law of Ver-
mont.-State v. Shattuck (Vt.) 81.

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Of judgment, see "Judgment."
Pleading by way of confession and avoidance, Creation, see "Wills."
see "Pleading.'


Of parties to conveyance, see "Fraudulent Con-


Of contract, see "Contracts."

Of deed, see "Fraudulent Conveyances."
Of mortgage, see "Mortgages."

Of note, see "Bills and Notes."


Of corporations, see "Corporations."


Conspiracy is punishable under Gen. St. §
1642, fixing the penalties for common-law of-
fenses.-State v. Thompson (Conn.) 868.

It is for the court to determine whether con-
spiracy has been so established as to admit evi-
dence of declarations. - State v. Thompson
(Conn.) 868.

Where the essence of a conspiracy is prima
facie established, declarations and acts of one
defendant held admissible against all.-State v.
Thompson (Conn.) 868.


Right of jury trial, see "Jury."
Special or local laws, see "Statutes."
Validity of act for abatement of nuisance, see

for removal of assignee, see "Insolvency."
Validity of act relating to peddlers' licenses, see
"Hawkers and Peddlers."

to railroads, see "Railroads."

P. L. 1896, p. 94, relating to paving streets
in cities of the second class, is unconstitutional.
-Foley v. City of Hoboken (N. J. Sup.) 833.
The meaning of a constitutional interdict, and
its application to legislation, are judicial ques-
tions. Foley v. City of Hoboken (N. J. Sup.)

Propriety of granting a mandamus requiring a
recount of votes on a proposed constitutional
amendment. Bott v. Board of Registry and
Election in Sixth Precinct of First Ward of
Jersey City (N. J. Sup.) 848.


The further remedy prescribed by Code, art.
23, § 242, as amended by Acts 1894, c. 607. for
compelling turnpike companies to keep their
roads in repair, held not so different from that
prescribed by Acts 1804, c. 51, § 26, as to impair
a turnpike charter contract granted specially by
Laws 1832, c. 125.-Williamsport & H. Turn-
pike Co. v. Startzman (Md.) 777.

Pub. Laws 1882-85, c. 298, providing for the
administration of the estate of one absent and
not heard from for seven years, held unconsti-
tutional.-Carr v. Brown (R. I.) 9.


Alteration of, see "Alteration of Instruments."
Impairing obligation, see "Constitutional Law."
In violation of Sunday laws, see "Sundays."
Particular classes of express contracts, see
"Bailment"; "Bonds"; "Covenants"; "Guar
anty"; "Insurance"; "Landlord and Tenant";
"Liens"; "Master and Servant": "Partner-
ship"; "Principal and Surety"; "Sales."

of implied contracts, see "Assumpsit, Ac-
tion of"; "Work and Labor."

Specific performance of, see "Specific Perform-

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Within statute of frauds, see "Frauds, Statute

With municipal corporations, see "Municipal

A contract held not merged into a later one, en
tered into between the parties concerning the
same matter.-Pike v. Pike (Vt.) 265.

A son who, after he became of age, rendered
services on his father's farm, held entitled to
recover therefor, though there was no express
agreement.-Saunders v. Saunders (Me.) 172.

Where one, under the impression that he was
only fulfilling his own contract, performed duties
which, by contract, were the duties of another,
held, that he could not recover from such other
on the ground of implied promise.-Johnson v.
Boston & M. R. Co. (Vt.) 267.

Agreement of certain beneficiaries under a will
with other heirs, that they should have a part
of the estate, held not a family settlement.-In
re Lennig's Estate (Pa.) 466.

Right to terminate contract at will, where it
provides no time for its duration, determined.-
Kenderdine Hydro-Carbon Fuel Co. v. Plumb
(Pa.) 480.

Requisites and validity.

He in whose name stock is placed to evade a
law prohibiting stockholders from voting on
more than one-eighth of the stock can make a
valid contract to convey to the real owner.-

Scott v. Scott (N. H.) 567.

Contracts made with organization prior to incor-
poration, providing that no transfer of stock
should be made without giving corporation option,

held invalid.-Ireland v. Globe Milling & Reduc-
tion Co. (R. I.) 116.

A promise to A. to pay if a colt of A. by a
stallion of the promissor trots a mile in a certain
time held not prohibited by the statutes against
offering purses for races.-Whitehead v. Burgess
(N. J. Sup.) 802.

One performing labor and furnishing materials
for a bar can recover therefor, though he knew
it was to be used for an unlawful purpose.-
Bryson v. Haley (N. H.) 1006.

Agreement of certain of testatrix's grandchil-
dren with her children and other grandchildren,
that they would not solicit a devise in their fa-
vor, held insufficient to support an agreement
with the others that they shall have part of the
devise. In re Lennig's Estate (Pa.) 466.

A conveyance of an estate in expectancy, to be
enforceable as a contract to convey, must have
a valuable consideration.-In re Lennig's Estate
(Pa.) 466.

Whether, in the exercise of a fair judgment,
the owner and architect should approve and ac-
cept, is a question for the jury.-Welch v. Hub-
schmitt Building & Woodworking Co. (N. J.
Sup.) 824.


A promise not to prosecute criminally held not
to vitiate a contract given in consideration there-
of, where no prosecution was pending, and a
crime was not pleaded and proved.-Columbia
Lodge, No. 117, 1. O. O. F., v. Manning (N. J. Of witness, see "Witnesses."
Ch.) 444.

A promise by men to work for a subcontractor
for a specified time is a consideration that will


support a promise by the principal contractor Between partners, see "Partnership."
to be responsible for their pay.-McDonald v.
Fernald (N. H.) 729.


There must be a consideration to support a
promise to pay money, though made to a char- See "Negligence."
itable institution.-In re Smith's Estate (Vt.)

Construction and operation.

Contract for mutual acts of parties construed,
and failure of one party to perform on breach by
the other of covenants as to payments consider-
ed.-Bean v. Fitzpatrick (N. H.) 722.

A contract to "stand behind" one if he will
bring a suit held a promise to indemnify against
costs.-Whitcomb v. Cummings (N. H.) 503.

Correspondence in relation to a sale held not to
constitute a complete contract, and hence evi-
dence of a parol agreement was admissible, in
connection with the correspondence, to show the
whole contract.-Burditt v. Howe (Vt.) 240.

Building contract construed, and held, that the
conclusiveness of the architect's certificate ex-
tended only to the plans, and the way in which
the building should be constructed.-Welch v.
Hubschmitt Building & Woodworking Co. (N.
J. Sup.) 824.

Parties to a building contract held legally
bound by a provision that the decision of the ar-
chitect should be conclusive. Welch v. Hub-

schmitt Building & Woodworking Co. (N. J.
Sup.) 824.

Contract construed, and held, that if, on de-
fault of the contractor, the owner completed
the contract work, he could recover from the
sureties for excess over the contract price.-
Welch v. Hubschmitt Building & Woodworking
Co. (N. J. Sup.) 824.

Clauses in building contract, relating to alter-
ations and extra work, construed. Cooper v.
Hawley (N. J. Err. & App.) 964.

An agreement between tenants in common that
on the death of any one of them his share should
become the property of the survivors, until the
last survivor, who should be owner of the whole,
with power to dispose of it, construed after the
death of all but two of the parties, and after
a sale of the premises by agreement.-Golds-
borough v. Goldsborough (Md.) 934.

An agreement between owners of land that
they should own it as tenants in common, and
that it should not be disposed of during the life
of any one of them, construed after the death of
some of the tenants, and after a sale of the prem-
ises by agreement. Goldsborough v. Goldsbor-
ough (Md.) 934.

An offer to saw logs for defendant under con-
tract held conditioned upon the payment of an
increased price, and hence a breach of the con-
tract.-Amsden v. Atwood (Vt.) 263.


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See, also, "Banks and Banking"; "Beneficial
Associations"; "Building and Loan Associa-
tions"; "Canals"; "Gas"; "Insurance"; "Mu-
nicipal Corporations"; "Railroads"; "Street
Railroads"; "Telegraphs and Telephones."
Taxation of corporations and corporate proper-
ty, see "Taxation."

Title to interest coupons held to pass on trans-
fer of corporate bonds.-Fox v. Hartford & W.
H. H. R. Co. (Conn.) 871.

In action on coupons issued with corporate
bonds, held, that evidence as to amount realized
by plaintiff on stock transferred to him at the
same time was inadmissible.-Fox v. Hartford &
W. H. H. R. Co. (Conn.) 871.

Directors and majority of stockholders held
entitled to lease the entire plant for one year.—
Bartholomew v. Derby Rubber Co. (Conn.) 45.

A bill in equity may be answered by a corpo-
ration only under its corporate seal.-R. Frank
Williams Co. v. United States Baking Co. (Md.)


Increase of capital stock at an annual meet-
ing held unauthorized, without express notice that
such increase would be considered.-Jones v. Con-
cord & M. R. R. (N. H.) 120.

Necessity of authorized increase of capital stock
is a question for the corporation.-Jones v. Con-
cord & M. R. R. (N. H.) 120.

Where contract of union between two corpora-
tions provided for four classes of stock, with un-
equal rights to dividends, held, that all stockhold-
ers shared in increase of stock in proportion to
original holdings, in absence of stipulation to
Where a declaration avers generally perform-contrary.-Jones v. Concord & M. R. R. (N. H.)
ance by plaintiff, defendant cannot set up nonper-
formance, not pleaded by him.--Ottawa Tribe, Each holder of original stock is entitled to a
No. 15, Improved Order of Red Men, v. Munter portion of new stock, and can be deprived of it
(N. J. Err. & App.) 696.
only with his consent, or by legal process.-Jones
v. Concord & M. R. R. (N. H.) 120.

In an action on a contract required by the stat-
ute to be in writing, the declaration need not
count on the writing.-Whitehead v. Burgess (N.
J. Sup.) 802.


Directors may vote as stockholders for an in-
crease of capital.-Jones v. Concord & M. R. R.
(N. H.) 120.

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