Attorneys of mortgagee on sale under fore-
closure, where no order for a resale is made,
held to have no insurable interest.-Hartford
Fire Ins. Co. v. Keating (Md.) 29.
Contract between the insured and a third par-
ty held not to pass title to the property insured
so as to affect his insurable interest.-West
Branch Lumberman's Exchange v. American
Cent. Ins. Co. (Pa.) 1081.
insurance.-Hanscom v. Home Ins. Co. (Me.)
324; Same v. North British & Mercantile Ins.
Co., Id.
The fact that insured's hired man visited the
premises daily held not to render them occupied,
within the meaning of the policy.-Hanscom v.
Home Ins. Co. (Me.) 324; Same v. North Brit-
ish & Mercantile Ins. Co., Id.
An applicant for life insurance was not "en-
gaged" in the sale of alcoholic beverages be-
cause, as a servant in an hotel, he was oc-
casionally called upon to serve liquor to guess.
Right of chancellor on insolvency of mutual in-
surance company to order an assessment deter--Guiltinan v. Metropolitan Life Ins. Co. (Vt.)
mined.-Whitaker v. Meley (N. J. Sup.) 840.
Charges of attorneys in defending actions
against employers holding employers' liability
insurance policies held proper claims against the
receiver of the insurance company.-Ross v.
American Employers' Liability Ins. Co. (N. J.
Ch.) 22.
Under an employers' liability policy, held that
the insurer's liability arises on the happening
of the injury, and is not delayed until judg-
ment against the employer.-Ross v. American
Employers' Liability Ins. Co. (N. J. Ch.) 22.
One induced by mistake to pay premiums on
a policy void at its inception may recover them
back on repudiating the policy, though the in-
surer was estopped from denying the validity
of the policy. Hogben v. Metropolitan Life Ins.
Co. (Conn.) 214.
An insurance agent supplied with policies in
blank, and authorized to issue them, held a gen-
eral agent in the matter of soliciting and ac-
cepting risks.-Hartford Fire Ins. Co. v. Keat-
ing (Md.) 29.
A commission to agents of 20 per cent. of the
moneys received on account of premiums actually
paid will be computed on the total amount re-
ceived, regardless of subsequent returns on ac-
count of cancellations.-Garfield v. Rutland Ins.
Co. (Vt.) 235.
The contract in general.
Where a provision that insured should pay cer-
tain assessments in addition to cash premiums
was made a part of the consideration for the pol-
icy, and a condition of it, acceptance of the policy
was tantamount to an agreement to make such
payments.-Whittle v. United Fire Ins. Co. (R.
I.) 498.
Where an applicant for insurance refuses to
accept the policy, and pays no premium, there
is no completed contract of insurance.-Hogben
v. Metropolitan Life Ins. Co. (Conn.) 214.
A provision in an accident insurance policy
requiring written notice to be given of injuries
within 10 days of the accident held valid be-
fore the restrictive legislation in that respect.
Kimball v. Masons' Fraternal Acc. Ass'n (Me.)
102.
Policies on property of insured construed, and
held not to be on the same subjects, so as to
create liability to contribute to a loss.-West
Branch Lumberman's Exchange v. American
Cent. Ins. Co. (Pa.) 1081.
Written provisions in policy held to prevail
over printed stipulations therein.-West Branch
Lumberman's Exchange v. American Cent. Ins.
Co. (Pa.) 1081.
Forfeiture of policy for breach of war-
ranty or condition.
Breach of condition against incumbrances
held not to forfeit the policy, where the instru-
ment was not delivered until after the fire, and
could not have increased the risk.-Hanscom v.
Home Ins. Co. (Me.) 324; Same v. North
British & Mercantile Ins. Co., Id.
Erroneous estimates and innocent misstate-
ments are not a cause of forfeiture, where the
loss, honestly stated, exceeds the amount of the
Interest of a purchaser at sale on foreclosure
before final adjudication held not sole and un-
conditional, within a provision of an insurance
policy. - Hartford Fire Ins. Co. v. Keating
(Md.) 29.
Insurance on property obtained by owner held
not affected by other insurance thereon, not con-
sented to or known of by the owner.-West
Branch Lumberman's Exchange v. American
Cent. Ins. Co. (Pa.) 1081.
Where insured occasionally dealt in liquors,
and the company, after three years, with knowl-
edge of the facts on the part of certain of its
agents, forfeited the policy for that reason, held,
that insured might recover the equitable value
of his policy.-McDonald v. Metropolitan Life
Ins. Co. (N. H.) 500.
Estoppel, waiver, or agreements affect-
ing right to forfeit policy.
Where a general agent, when issuing a policy,
knew the facts as to the interest of insured,
the company held estopped to rely on them as a
forfeiture.-Hartford Fire Ins. Co. v. Keating
(Md.) 29.
Forfeiture of a policy for nonoccupancy of
the buildings held waived by delay.-Hanscom
v. Home Ins. Co. (Me.) 324; Same v. North
British & Mercantile Ins. Co., Id.
Notice and proof of loss.
Waiver of conditions of formal proofs of loss
held within the scope of the apparent authority
of the special agent.-Hartford Fire Ins. Co. v.
Keating (Md.) 29.
Conversation with authorized agent of insur-
ance company held a waiver of formal proofs of
loss.-Hartford Fire Ins. Co. v. Keating (Md.)
Evidence held not to show that notice of in-
jury as required by an accident insurance pol-
icy was waived by the company.-Kimball v.
Masons' Fraternal Acc. Ass'n (Me.) 102.
Actions.
A declaration that alleges in a general way
the performance of all conditions of the policy
need not allege that insured had agreed to pay
certain assessments, the agreement to pay which
was made a condition of the policy.-Whittle v.
United Fire Ins. Co. (R. I.) 498.
Provisions of a policy that are in the nature
of conditions subsequent have no place in a dec-
laration on the policy.-Whittle v. United Fire
Ins. Co. (R. I.) 498.
An action on a policy containing a mortgage
subrogation clause should be brought in the
name of insured for the benefit of the_mortga-
gee.-Powers v. New England Fire Ins. Co.
(Vt.) 148.
In assumpsit on a fire insurance policy, held,
that the averment of the promise was sufficient
on general demurrer.-Powers v. New England
Fire Ins. Co. (Vt.) 148.
A charge that insured is entitled to the pre-
sumption of innocence should be given where
the insurer charges that insured obtained the
policy by fraud.-Guiltinan v. Metropolitan
Life Ins. Co. (Vt.) 315.
Counsel for plaintiff, in an action on a policy, | payment.-Fox v. Hartford & W. H. H. R. Co.
held to have been justified in saying to the (Conn.) 871.
jury that, "if that is the way this company is
going to treat its policy holders, the policy
holders need some protection by statute."
Guiltinan v. Metropolitan Life Ins. Co. (Vt.)
One suing on a life insurance policy does not
need either to plead or to prove the truth of
answers to questions in the application, though
the truth of such answers was warranted, and
made a condition of the policy. Guiltinan v.
Metropolitan Life Ins. Co. (Vt.) 315.
Under the general denial, the insurer may
show that insured's answers in his application
were untrue.-Guiltinan v. Metropolitan Life
Ins. Co. (Vt.) 315.
The question of whether conditions of the
policy have been waived is one of fact.-Hans
com v. Home Ins. Co. (Me.) 324; Same v. North
British & Mercantile Ins. Co., Id.
The question whether proofs of loss were
waived by denials of liability on the policy
held for the jury, and not for the court.-Robin-
son v. Pennsylvania Fire Ins. Co. (Me.) 320.
The question whether the policy covered a
carriage house erected after the insurance was
effected held for the jury.-Robinson v. Penn-
sylvania Fire Ins. Co. (Me.) 320.
In action on life insurance policy, held that,
under the evidence, whether statements of in-
sured as to his health were false was a question
for the jury.-Smith v. Metropolitan Life Ins.
Co. (Pa.) 1038.
In action on life policy, whether insured was
in sound health when the policy issued held a
question for the jury-Smith v. Metropolitan
Life Ins. Co. (Pa.) 1038.
Inventories of lumber destroyed held admis-
sible in connection with testimony of the parties
who made them, in action for insurance.-West
Branch Lumberman's Exchange v. American
Cent. Ins. Co. (Pa.) 1081.
Declarations as to age after premium had been
accepted and payments made for a series of
years, will be presumed to have been correct.
Supreme Council of Golden Star Fraternity v.
Conklin (N. J. Err. & App.) 659.
A reinsurer held liable for the full amount of
his risk irrespective of the amount the insurer
might pay.-Hunt v. New Hampshire Fire Un-
derwriters' Ass'n (N. H.) 145.
The insurer, and not the first reinsurer, held
entitled to the fund payable under a policy of
second reinsurance.-Hunt v. New Hampshire
Fire Underwriters' Ass'n (N. H.) 145.
Mutual benefit insurance.
A member whose policy has been rejected must
pursue the course provided by the by-laws be-
fore suing thereon.-Levy v. Order of the Iron
Hall (N. H.) 18.
By-laws construed, and held, that a member
in default in the payment of his dues belongs
to the society until they take action in ruling
him out.-Lamarsh v. L'Union St. Jean Bap-
tiste De Nashua (N. H.) 1045.
Though a payment of insurance dues should
have been made to an assistant secretary, pay-
ment to the secretary himself was held suffi-
cient.-Lamarsh v. L'Union St. Jean Baptiste
De Nashua (N. H.) 1045.
Disqualification as witness, see "Witnesses."
Insurable interest, see "Insurance."
Interest is recoverable on overdue negotiable
interest coupons from the date of the demand of
with interest at 9 per cent. until paid, carries
A note payable at a certain time after date,
Nat. Bank v. Hewins (Me.) 156.
interest at that rate after maturity.-Augusta
there are several attachments, must set forth
A bill of interpleader by a garnishee, where
when and where the attachments were issued, the
present status of each, and such further state-
ment of the facts as will enable the court to de-
termine as to the relief asked.-Home Ins. Co.
v. Caulk (Md.) 901.
A bill of interpleader is demurrable where the
fund is not brought into the court, and no offer
is made to bring it in.-Home Ins. Co. v. Caulk
(Md.) 901.
A bill of interpleader not accompanied by an
affidavit that it was not filed in collusion with
any of the defendants is demurrable.-Home Ins.
Co. v. Caulk (Md.) 901.
Where a bill of interpleader is defective for
want of an affidavit alleging no collusion between
the parties, the defect can be corrected only on
leave to amend.-Home Ins. Co. v. Caulk (Md.)
901.
Where a bill of interpleader shows on its face
that certain defendants have judgments of con-
demnation against complainant, which he seeks
to avoid, complainant is interested, and the bill is
hence demurrable.-Home Ins. Co. v. Caulk
(Md.) 901.
A claim to a fund in suit held not to have
been abandoned by the party's failure to an-
swer before decree of interpleader, where he
answered before final decree, though the de-
cree of interpleader adjudged that he had no
interest in the fund.-Heald v. Rhind (Md.) 43.
A bill filed by a bank, asking that defendant
husband, on the one side, and the executor of
the will of his deceased wife, on the other side,
be required to interplead respecting the owner-
ship of a deposit, held sufficient.-Fairfield Sav.
Bank v. Small (Me.) 551.
After defendants have been required to inter-
plead concerning the ownership of a fund in
complainant's hands, held, that complainant be-
comes wholly without the controversy.-Fair-
field Sav. Bank v. Small (Me.) 551.
INTOXICATING LIQUORS.
Warrant to search for, see "Searches and Sei-
zures."
Price of liquors sold in another state, and de-
livered the purchaser within the state in original
packages, in violation of Gen. Laws, c. 109. §
18. can be recovered.-Doherty v. Cotter (N. H.)
499.
Finding in a criminal prosecution held con-
clusive of forfeiture as against a defendant in
an action or a liquor dealer's bond, and illegali-
ty of the sentence is immaterial.-Jacobs v. Hol-
genson (Conn.) 914.
Liquor dealer's bond held not forfeited by a
violation of a statute passed after the bond was
executed.-Jacobs v. Holgenson (Conn.) 914.
In civil actions, see "Pleading."
Former jeopardy bar to prosecution, see "Crim-
inal Law."
A bill seeking to enjoin the collection of a
judgment alleged to be void, which alleges no
reason why the judgment should not have been
rendered, does not entitle complainant to relief.
-Home Ins. Co. v. Caulk (Md.) 901.
Where a case is ended in the common pleas by
entry of judgment under order of the supreme
court, it cannot be opened for any purpose.-Paul
v. Grimm (Pa.) 1006.
A judgment by confession cannot be stricken.
off on motion when regular, intended to be en-
tered of record, and there was no fraud.-Heist
v. Tobias (Pa.) 579.
The fact that a judgment creditor has reasona-
ble cause to believe that a debtor is insolvent
does not preclude him from enforcing the judg-
ment.-Hurlbutt v. Currier (N. H.) 502.
a judgment under the general
issue, the judgment cannot be impeached for
fraud, or otherwise assailed except as to exist-
ence of the record as pleaded.-Clemons v.
Clemons' Estate (Vt.) 314.
surance company on his note is conclusive in an
action at law against a member, and can only be
reviewed or appeal.-Whitaker v. Meley (N. J.
Sup.) 840.
Judgment in action on bond signed by ancestor,
finding that lands of which he died seised were
valueless, held not to estop plaintiff in a suit to
set aside conveyances by heirs and devisees from
asserting that the lands were not aliened in good
faith.-Ransom v. Brinkerhoff (N. J. Ch.) 919.
A judgment in favor of the holder of a note is
not conclusive of the rights between the various
indorsers of the note.-Crompton v. Spencer (R.
I.) 1002.
In a suit to compel transfer of shares of stock,
a finding in another suit that the stock belongs
to plaintiff is conclusive.-Scott v. Scott (N. H.)
567.
Judgment for defendants in an action on the
case against lessees for the value of leased
property burned through their negligence held
not a bar to an action to recover on the ground
that they contracted to return the property in
good condition.-Priest v. Foster (Vt.) 78.
A decree giving a devisee a life estate in the
property is a bar to a petition by her bringing no
new facts before the court, but asking that a
conditional devise over be declared void.-In re
Wells' Estate (Vt.) 83; Appeal of Ward, Id.
On defense by heirs as to judgment against
administrator questions settled in the original
action are res judicata.-Paul v. Grimm (Pa.)
1017.
Priority of lien of a judgment as against a
mortgage to secure future advances.-Schmidt v.
Hedden (N. J. Ch.) 843.
A note with warrant of attorney to enter judg-
ment on the maker's interest in partnership prop-
erty held a lien on the maker's equitable interest
from the time of its entry.-In re Fair Hope
North Savage Fire-Brick Co.'s Estate (Pa.) 519;
Appeal of Boyts, Id.
Judgment against a corporation after appoint-
ment of receiver held not a lien on the funds.-
Cowan v. Pennsylvania Plate-Glass Co. (Pa.)
1075; Appeal of Exchange Bank, Id.
Where the complaint states no cause of action, In civil actions, see "Evidence."
a judgment for plaintiff is error, though the facts
found show a cause of action.-Daly v. City and
Town of New Haven (Conn.) 397.
Under Gen. Laws, c. 251, § 9, on filing a mo- On execution, see "Execution."
tion in arrest within five days after verdict, the
clerk must certify the papers to the appellate
division.-Lodge v. O'Toole (R. I.) 980.
Decree of divorce obtained by plaintiff in breach
of promise case at request of defendant not sub-
ject to collateral attack on his part.-Smith v.
Hall (Conn.) 386.
An administrator regularly appointed cannot,
on appeal from a decree settling his accounts, im-
peach his appointment and all orders relating to
the estate, on the ground that decedent was not
an inhabitant of the county where the estate was
administered, and had no estate in such county.-
Appeal of Ela (N. H.) 501.
A representative of a decedent cannot impeach
an order of court on the ground that it was pro-
cured by decedent's fraud.-Appeal of Ela (N.
H.) 501.
Judgment by default in ejectment till set aside
held conclusive against defendant.-Bradford v.
Burgess (R. I.) 975.
Adjudication of chancellor fixing the amount
of indebtedness of a member of an insolvent in-
Amount in controversy, see "Appeal and Er-
ror."
In insolvency proceedings, see "Insolvency."
Of equity, see "Equity."
Particular courts, see "Courts."
See, also, "Grand Jury."
Instructions in civil actions, see "Trial.”
Misconduct ground for new trial, see "New
Trial."
Taking case or question from jury, see "Trial."
tion of an assigned insolvent estate, without pro-
Gen. Laws, c. 274, providing for the distribu-
viding for a jury trial as to claims against the
estate, held not to violate Const. art. 1, § 15, de-
claring that the right of trial by jury shall re-
main inviolate.-Merrill v. Bowler (R. I.) 114.
Laws 1895, c. 117, § 1, providing that police
courts shall have concurrent jurisdiction with the
supreme court in certain criminal cases, is un-
constitutional, as abridging the right of trial by |
jury.-State v. Gerry (N. H.) 272.
Where a person is entitled to untrammeled
right of trial by jury, obligation to appeal to
higher court in order to obtain it is unwarranted.
-State v. Gerry (N. H.) 272.
Effect in equity, see "Equity."
LANDLORD AND TENANT.
See, also, "Fixtures."
Where a tenant at will from year to year agreed
that the tenancy should terminate in four weeks
after sale of the premises, it was a waiver of
his right to three months' notice.-Woodbury v.
Butler (N. H.) 379.
Tenancies at will and at sufferance.
A tenancy at will is terminated by alienation
of the premises by the landlord without notice
to the tenant.-Seavey v. Cloudman (Me.) 540.
A tenant for a term holding over held a tenant
at sufferance.-Poole v. Engelke (N. J. Sup.)
823.
2 Gen. St. p. 1923, par. 35, relating to build-
Enjoining interference with tenant's possession, ings on leased premises damaged by fire, does
see "Injunction."
not apply to a tenancy at sufferance.-Poole v.
Engelke (N. J. Sup.) 823.
The grantee of a reversion under 1 Gen. St. p.
880, can take advantage of a forfeiture by rea-
son of an express condition of a lease.-Boys v.
Robinson (N. J. Sup.) 813.
Under an agricultural lease, held, that abso-
lute title to all the produce grown during the
term was vested in the lessee.-Beers v. Field
(Vt.) 270.
A provision in said lease that the lessee should
not dispose of any of the produce until the les-
sor had received the rent held not to create a lien
in favor of the lessor.-Beers v. Field (Vt.) 270.
Where an assignee of the lease entered under
it and paid rent, held, that there was a ten-
ancy independent of the written lease.-Emrich
v. Union Stock-Yard Co. of Baltimore County
(Md.) 943.
Assignee of one who takes a lease having
knowledge of a prior lease held to have no
greater right against the prior lessee than his
assignor.-Henderson v. Ferrell (Pa.) 1018.
An action of covenant by a lessor against an
assignee of the lease, brought at the request of
the lessee, held not an election to treat the as-
signee as the lessee, so as to release the latter.
Whitcomb v. Cummings (N. H.) 503.
Though an unrecorded lease be invalid as to
third persons, yet where the circumstances con-
nected with it were such that the law implied
a tenancy, the lease is admissible to show the
terms of such tenancy.--Emrich v.
v. Union
Stock-Yard Co. of Baltimore County (Md.) 943.
In an action by a landlord for possession, his
damages were properly assessed in connection
with the trial of the issue as to the right of pos-
session.-Woodbury v. Butler (N. H.) 379.
Where premises in possession of a tenant are
sold, the grantee is subrogated to rights of the
grantor as regards the tenant.-Woodbury v. But-
ler (N. H.) 379.
Evidence held insufficient to show surrender of
term by act and operation of law.-Decker v.
Hartshorn (N. J. Err. & App.) 678.
The receipt of rent by a landlord from an un-
derlessee held no evidence of his consent to the
abandonment of the premises by the original
lessee. Decker v. Hartshorn (N. J. Err. & App.)
678.
Landlord may recover from a tenant at suf-
ferance for use and occupation.-Poole v. En-
gelke (N. J. Sup.) 823.
The rent stipulated for an expired term held
not the exclusive measure of satisfaction which
the landlord can recover from a tenant at suf-
ferance.-Poole v. Engelke (N. J. Sup.) 823.
Premises, and enjoyment and use there-
negligent injury to his goods, caveat emptor does
In an action by a lessee against a lessor for
not apply, where lessee does not claim that the
premises are unsuitable for the purpose for which
he hired them.-Railton v. Taylor (R. I.) 980.
A landlord who so negligently manages a
tenant are damaged by the smoke, ashes, etc.,
steam-heating apparatus that the goods of his
therefrom, is liable to his tenant for such dam-
age.-Railton v. Taylor (R. I.) 980.
A lease providing that the goods of the lessee
are to be kept in the building at the risk of the
lessee in regard to damage by fire, water, etc.,
held not to bar lessee's right to damages for neg-
ligent injury to his goods by lessor.-Railton v.
Taylor (R. I.) 980.
A count claiming damages from a lessor for in-
jury to lessee's goods by reason of improper con-
struction of the building and the steam-heating
apparatus therein, is bad when there is no al-
legation that the condition of the premises has
been changed since the commencement of the
tenancy.-Railton v. Taylor (R. I.) 980.
A tenant for years held not responsible for
maintaining a structure on the property erected
by the landlord which operates as a nuisance.-
Meyer v. Harris (N. J. Sup.) 690.
Lessees who agreed to return leased property
in as good condition as when received are liable
for failure to do so, though the property was de-
stroyed by fire.-Priest v. Foster (Vt.) 78.
Where a tenant is ejected before the expiration
of the term, the landlord is liable in damages
for the value of the unexpired portion.-Amsden
v. Atwood (Vt.) 263.
Priority between landlord's lien and purchase-
money chattel mortgage determined.-Ames v. Of legacy, see "Wills."
Trenton Brewing Co. (N. J. Ch.) 858.
Tenancies from year to year.
Where a landlord, after a lease for years ex-
pired, allowed the tenant to hold over for over a Decision on appeal, see "Appeal and Error."
year, and pay part of the rent for that period,
held, that the tenant became a tenant from year
to year.-Amsden v. Atwood (Vt.) 263.
After one has become a tenant from year See "Landlord and Tenant"; "Mines and Min-
to year by holding over after expiration of a
lease for years, the landlord cannot make the
holding conditional upon the performance by the
tenant of new duties.-Amsden v. Atwood (Vt.)
263.
Of attachment, see "Attachment."
Of execution, see "Execution."
Of taxes, see "Taxation."
LIBEL AND SLANDER.
A verdict in a slander suit set aside on the
ground that the conduct of plaintiff had in part
contributed to the injury of his business, for
which injury he claimed special damages.-Libby
v. Towle (Me.) 171.
A statement accusing a school supervisor of
having burned_text-books held privileged.—Brad-
ford v. Clark (Me.) 229.
For keeping hotel, see "Innkeepers."
Of peddlers, see "Hawkers and Peddlers."
Where an itinerant vender obtains a yearly
town license to do business so long as he offers for
21, or the lunatic is restored to sound mind.-
Smith v. Felter (N. J. Sup.) 746.
Power in will to executor to sell land in five
years held not to prevent limitations from run-
ning against testator's debts during such time.-
Hemphill v. Pry (Pa.) 1020.
A delay of two years in bringing suit after
discovery of fraud of trustee held not to put the
statute in operation.-Olinger v. Shultz (Pa.)
1024.
voke the defense of limitations.-Duckett v. Na-
A participant in a breach of trust cannot in-
tional Mechanics' Bank (Md.) 983.
The defense of limitation is not available un-
less pleaded.-Duckett v. National Mechanics'
Bank (Md.) 983.
LIQUIDATED DAMAGES.
sale the same kind of goods, but he removes from See "Intoxicating Liquors."
the town, he abandons all rights under the license,
and on coming back during the year he must pro-
cure a new license.-Wolf v. Runnels (Me.) 100.
Where a partner had notice of the appointment
of a receiver in supplementary proceedings
against his co-partner, his future dealings with
For work and materials, see "Mechanics' his co-partner's interest were at his own risk.-
Liens."
Guild v. Meyer (N. J. Ch.) 959.
LOAN COMPANIES.
See "Building and Loan Associations."
One furnishing board to employés of a brick See "Statutes."
manufacturer held not entitled to lien under Pub.
St. c. 141, § 11.-Perreault v. Shaw (N. H.) 724.
General lien for labor or materials furnished
for making brick held to attach to all the kilns
on which labor was performed or any part of ma-
terials was furnished.-Lavoie v. Burke (N. H.)
723; Rowe v. Same, Id.
Of boundaries, see "Boundaries."
Of bridges, see "Bridges."
Of town line, see "Towns."
A deed to a partnership association, acknowl-
edging that the grantor's judgment against one
of the partners existed against his interest in See "Beneficial Associations."
the land conveyed, held to create an express_lien
on such real estate. In re Fair Hope North Sav-
age Fire-Brick Co.'s Estate (Pa.) 519; Appeal
of Boyts, Id.
Where a fund held in trust for a person for
life and another in remainder was invested in
a mortgage, and profits were realized on fore-
closure, such profits were to be apportioned
in the proportion that the principal represented
by the investment bore to the interest in ar-
rears and also represented by the investment.
-Parker v. Seeley (N. J. Ch.) 280.
LIMITATION OF ACTIONS.
An action against an administrator appointed
while Pub. St. c. 189, § 8, was in force may be
brought within three years from notice of ad-
ministrator's appointment.-Gunn v. Kelliher (R.
1.) 8.
The statute does not begin to run against an
infant or lunatic until after the infant becomes
LOGS AND LOGGING.
Duty of lumbering company to exercise rea-
sonable diligence in rafting logs determined.-
Palmer v. Penobscot Lumbering Ass'n (Me.) 108.
is a survey by one other than the owner as
On a sale of logs by the thousand, unless there
provided by the statute, no recovery can be had
on the purchase price.-Knight v. Burnham (Me.)
168.
Where plaintiff hired to defendant a horse and
harness to enable him to haul certain logs, held,
that he did not labor on the logs within the stat-
ute, so as to entitle him to a lien.-Richardson v.
Hoxie (Me.) 142.
The charter of a log-driving company con-
strued, and held, that an owner of logs was not
entitled to any portion of the reserves of water
of the company already accumulated within its
dams.-Mullen v. Penobscot Log-Driving Co.
(Me.) 557.
The charter of a log-driving company con-
strued, and held, that an owner of logs was not
entitled to draw' from the company's dams what
would be the natural run of the river, so long
as the company was retaining it for the ac-
quisition of stores of water, provided it needed
the same, or would be likely to need it, for driv-
|