933

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
XVII. DETERMINATION AND DISPOSI-
TION OF CAUSE.

(A) Decision in General.
1106(4) (La.) Motion to remand to take
new evidence held unreasonable because of de-
lay. Givens v. De Soto Bldg. Co., 534.

property

of
22 (Ala.App.) Ownership
burned of no moment.-Cobb v. State, 463.
34 (Ala.App.) Competent to prove, unusual
solicitousness with reference to insurance on
adjoining building.-Cobb v. State, 463.

ASSAULT AND BATTERY.

1123 (Fla.) Judgment affirmed when appel-
late court equally divided.-Muller & Auerback See Homicide.
v. Cowart, 156.

1123 (Fla.) Judgment affirmed where ap-
pellate court equally divided.-James v. Mach,
271.

I. CIVIL LIABILITY.

(A) Acts Constituting Assault or Battery
and Liability Therefor.

1123 (Fla.) Judgment affirmed where court
equally divided.-Colman v. Macha, 796; State 2 (Ala.) Pointing pistol may constitute as-
v. Hamwey, 796.

(B) Affirmance.
1140(3) (Ala.) Error in judgment including
an item of damage cured by voluntary remit-
titur.-Edwards v. Beard, 101.

(C) Modification.

1149 (Ala.) Appellate court, if having
proper data, could amend judgment to allow
costs to party struck out.-Richardson v. Stin-
son, 209.

ners

(D) Reversal.

sault.-John R. Thompson & Co. v. Vildibill,
139.

2 (Ala.) Licensee wrongfully ejected may
recover for an assault committed upon him.-
Brookside-Pratt Mining Co. v. Booth, 240.
15 (Ala.) Merchant may withdraw invita-
tion to trade and thereafter eject person from
whom invitation withdrawn.-Brookside-Pratt
Mining Co. v. Booth, 240.

(B) Actions.

24(1) (Ala.) Complaint held to state cause
of action.-Harris v. Harris, 333.

~1173(1) (Miss.) Judgment against all part-24 (2) (Ala.) Replication held sufficient as
evidence
when
authorizes judgment against demurrer.-Harris v. Harris, 333.
against only one reversed in part and affirmed 26 (Ala.) Physical pain, mental pain, or
anguish inferred from fright from assault with
in part.-Wise v. Cobb, 189.
1175(7) (Ala.) Decree overruling demurrer pistol.-John R. Thompson & Co. v. Vildibill,
improperly sustained below entered by, Supreme 139.
Court. Thompson v. Menefee, 107; Frazier v.31 (Ala.) Answer of defendant, "I knew
I had not hurt her," held admissible as within
Frazier. 118.
probable knowledge.-Harris v. Harris, 333.

1178(6) (Miss.) Case remanded for trial
merely as to damages, where Supreme Court 38 (Ala.) Refusal of charge denying recov-
has determined that defendant is liable.-F. W. ery for abusive or profane language held prop-
er.-John R. Thompson & Co. v. Vildibill, 139.
Woolworth Co. v. Volking, 3.
39 (Ala.) Punitive damages may be award-
(F) Mandate and Proceedings in Lowered for assault, accompanied by insulting words.
-John R. Thompson & Co. v. Vildibill, 139.
1203 (5) (Ala.) On remand bill held prop-43(6) (Ala.) Refusal of charge as to plain-
erly dismissed for failure of complainant to tiff's physical or mental pain or mental anguish
to held without error.-John R. Thompson & Co.
observe directions of Supreme Court as
amendment.-Crowson v. Cody, 821.
v. Vildibill, 139.

Court.

II. CRIMINAL RESPONSIBILITY.
(B) Prosecution and Punishment.
85 (Ala.Anp.) Injured party in prosecu-
tion for assault may testify as to his age.-
Sampson v. State, 305.

86 (Fla.) Exclusion of evidence that of-
ficer charged with assault had reasonable
ground to believe that prosecuting witness ar-
rested without warrant had committed felony
held erroneous.-Osborne v. State, 365.

96(3) (Ala.) Charge on self-defense held
properly refused for failure to define degree
of force permissible.-Burge v. Scarbrough,
653.

ASSESSMENT.

V. See Drains, 91; Municipal Corporations,
516; Taxation, 421-493.

27 (Ala.App.) Where appearance and plead-
ings have been filed under misapprehension,
court may permit their withdrawal.-Green v.
NuGrape Co., 84.

ARGUMENT OF COUNSEL.
See Criminal Law, 699–723; Trial,
131.

ARREST.

ASSISTANCE, WRIT OF.

(La.) Judgment on merits interpreting
previous judgment rendered on exception would
not support writ of possession.-Baptiste v.
110- Southall, 674.

ASSOCIATIONS.

See Insurance, 690-817.

ATTACHMENT.

XI. WRONGFUL ATTACHMENT.
365 (Ala.App.) All parties assisting in
wrongful levy held proper parties defendant.-
Cheek v. Odom, 782.

380 (Ala.App.) Refusal of charge as to ti-
tle not error in action for wrongful levy.-
Cheek v. Odom, 782.

365 (1) (La.) Defenses available against
original payee cannot be urged against bona
fide holder for value.-City Sav. Bank & Trust
Co. v. Goodman, 66.

43 (Ala.App.) Granting automobilist in-
dicted for murder in first degree bail held not 365 (2) (Miss.) Maker of note bearing date
error.-State v. Massey, 625.

of secular day estopped as against innocent
holder to show execution on Sunday.-Currie-
McGraw Co. v. H. & J. Friedman, 273.

369 (Miss.) Payee's negotiation of instru-
ment in violation of agreement with payer no
defense as against innocent purchaser for val-
ue without notice.-Currie-McGraw Co. v. H. &
J. Friedman, 273.

370 (La.) Absence or failure of considera-
tion not defense against bona fide holder in due
course.-City Sav. Bank & Trust Co. v. Good-
man, 66.
VIII. ACTIONS.

452 (2) (La.) Defendant held not entitled
to contest title of holder of notes.-Quick v.
Littlejohn, 531.

476(1) (Fla.) Plea of want of considera-
tion, merely averring that note was without
consideration, insufficient.-Davis v. American
Agr. Chemical Co., 741.

363 (Ala.) Proof and filing of claim
against bankrupt estate and acceptance of div-489(3) (Ala.) Facts entering into and in-
idend held not novation or payment as to orig-
inal debtor.-Tuscaloosa Lumber Co. v. Trop-
ical Paint & Oil Co., 236.

BANKS AND BANKING.

I. CONTROL AND REGULATION IN
GENERAL.

15 (Miss.) Cashier's check guaranteed.
Anderson v. Bank of Tupelo, 179.

15 (Miss.) State funds deposited in bank
which has not qualified as depository protected
by guaranty fund.-Love v. Murry, 277.

III. FUNCTIONS AND DEALINGS.

ducing indorsements of notes held relevant un-
der defense of conditional indorsement.-Lang-
ham v. Jackson, 757.

489 (3) (La.) Maker must challenge hold-
er's good faith before proving fraud or want
or failure of consideration.- City Sav. Bank &
Trust Co. v. Goodman, 66.

Answer held insufficient to admit evidence of
defects in property for which note sued on
given.-Id.

504 (Ala.) Interest in bank of persons se-
curing defendants' indorsement on notes and
its affairs held provable.-Langham v. Jackson,
757.

537(1) (Ala.) Manner of perpetration of
(F) Exchange, Money, Securities, and In- fraud on indorsers of draft held for jury.—
Moore v. First Nat. Bank, 349.

vestments.

189 (Miss.) "Cashier's check" defined.-
Anderson v. Bank of Tupelo, 179.
Instrument held cashier's check.-Id.

BENEFICIAL ASSOCIATIONS.

See Insurance, 690-817.

BILL OF EXCEPTIONS.

See Exceptions, Bill of.

BILL OF REVIEW.

See Equity, 445–460.

BILLS AND NOTES.

I. REQUISITES AND VALIDITY.
(C) Execution and Delivery.

Negligence of indorsers of draft, to which
draft for smaller amount was pasted, held for
jury.-Id.

BOUNDARIES.

I. DESCRIPTION.

(La.) Intention of parties governs in
controversies arising from descriptions in
deeds. Nattin v. Glassell, 609.

3 (3) (La.) Natural or fixed monuments
prevail over artificial guides.-Nattin v. Glas-
sell, 609.

13 (La.) Nonnavigable stream as bound-
ary.-Nattin v. Glassell, 609.

14 (La.) Deed giving certain quantity of
land held not to include water.-Nattin v. Glas-
sell, 609.

II. EVIDENCE, ASCERTAINMENT, AND

ESTABLISHMENT.

37(1) (La.) Evidence held to show good
faith of party to boundary dispute.-Davis v.
Moore, 691.

54 (Ala.App.) Failure of execution of note
to constitute waiver of exemptions, or mort-
gage, held not to affect liability on promise
to pay.-Planters' Chemical & Oil Co. v. Mor-54(1) (Fla.) Corners marked in surveys
ris, 200.

Execution of notes by mark held sufficient as
promise to pay.-Id.

III. MODIFICATION, RENEWAL, AND

RESCISSION.

139(1) (Ala.) Partial payment before matu-
rity is consideration for extension.-Ray v.

returned by Surveyor General established as
proper corners of sections or subdivisions.-
Kirch v. Persinger, 166: Kirch v. Florida High-
lands Co., 169.

Boundary lines run and marked in surveys re-
turned by Surveyor General established as
boundary lines of sections or subdivisions.-Id.

54 (4) (Fla.) Grantee in patent from gov-

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

Kirch v. Persinger, 166; Kirch v. Florida High- | VI. RIGHTS, POWERS, AND LIABILITIES
lands Co., 169.

Description and plat filed in General Land
Office made by Surveyor General conclusive as
to section lines and corners.-Id.

IV. COMPENSATION AND LIEN.

40 (La.) Claim that stock was purchased
at unauthorized price could not be made after
acquiescence.-Interstate Trust & Banking Co.
v. Laplace, 544.

46 (La.) Principal's right to sell without
agent's intervention, stated.-Grace Realty Co.
v. Peytavin Planting Co., 62.

48 (Ala.) Broker producing customer ready,
able, and willing to buy within time allowed
entitled to commissions.-Wheelock v. Dillard,
840.

55(1)(La.) Principal may deny agent ex-
clusive right of sale.-Grace Realty Co. v. Pey-
tavin Planting Co., 62.

AS TO THIRD PERSONS.

94 (La.) Power held to authorize broker's
acceptance for principal of offer to purchase.
-Fassbender v. Ghergich, 436.

That offer to purchase made subject to lease
held not to affect vendor's liability after ac-
ceptance.-Id.

Stipulation as to notary public before whom
sale to be passed held not to affect vendor's lia-
bility to convey.-Id.

105 (La.) Knowledge of broker as to il-
legality of price held imputable to both buyer
and seller.-J. & G. Lippman v. Rice Millers'
Distributing Co., 685.

BURGLARY.

II. PROSECUTION AND PUNISHMENT.
31 (Ala.App.) Acts of vandalism on porch
of burglarized house held admissible.-Hasty v.
State, 561.

38 (Ala.App.) That stolen chickens were
seen in defendant's yard held admissible in
burglary prosecution.-Hasty v. State, 561.

CANCELLATION OF INSTRUMENTS.

II. PROCEEDINGS AND RELIEF.

37(4) (Ala.) Bill to cancel contract held
not demurrable for failure to offer to place de-
fendants in statu quo.-Frazier v. Frazier, 118.

CARRIERS.

1. CONTROL AND REGULATION OF
COMMON CARRIERS.

(A) In General.

2 (La.) Penal statute as to adjusting
claim strictly construed.-Daniel v. Louisiana
Ry. & Nav. Co., 684.

20(1) (La.) Failure to file claim at place.
prescribed in statute precludes recovery of
statutory penalty for delay in payment.-Dan-
iel v. Louisiana Ry, & Nav. Co., 684.

II. CARRIAGE OF GOODS.
(H) Limitation of Liability.

56 (3) (La.) Purchaser could not terminate
relations and protect vendor.-Grace Realty Co.147 (Fla.) May contract to diminish com-
v. Peytavin Planting Co., 62.

Principal held not entitled to sell to pur-
chaser produced by agent so as to deprive him
of commission.-Id.

mon-law liability.-American Ry. Express Co.
v. Johnson, 743.

hardships of rules of law requiring impossible
May by contract protect themselves from
deliveries.-Id.

57(2) (La.) Brokers held entitled to full
commissions on sale consummated by princi-1491/2 (Fla.) Contractual provision, limit-
ing liability for delays in interstate shipments
pal.-Grace Realty Co. v. Noel, 51.
Ry. Express Co. v. Johnson, 743.
due to strikes, binding on shipper.-American

57(2) (La.) Broker entitled to proportion
of agreed commission where principal himself
has consummated transaction for less than 156(1) (Fla.) Word "strike" in contract,
limiting carrier's liability for interstate ship-
price fixed.-Grace Realty Co. v. Peytavin ment, held to include "outlaw" strikes.-Amer-
Planting Co., 62.
ican Ry. Express Co. v. Johnson, 743.
65(4) (Ala.) Broker's fraud in represent-
ing both vendor and purchaser held to defeat162 (Fla.) Carrier's plea alleging impos-
action for commissions.-Gray v. Pankey, 880. sibility of expeditious delivery due to strike
Broker or agent cannot represent vendor and held sufficient.-American Ry. Express Co. v.
Johnson, 743.

Vendee.-Id.

Duty of broker authorized to sell to disclose
to principal he is acting for purchaser.-Id.
72 (La.) Agreement to purchase stock to
support price thereof construed.--Interstate
Trust & Banking Co. v. Laplace, 544.
Directors of defunct bank held personally lia-
ble under agreement for commissions and in-
terest on purchase of stock of such bank.-Id.
Liability for interest under agreement for
purchase of bank stock held to terminate when
bank ceased to be going concern.-Id.

IV. CARRIAGE OF PASSENGERS.
(B) Fares, Tickets, and Special Contracts.
256 (Ala.) Carrier may exact extra charge
for passenger's failure to purchase ticket.-
Southern Ry. Co. v. Blackwell, 215.

(D) Personal Injuries.

300 (La.) Negligence of chauffeur in fail-
ing to see automobile coming out of alley held
to make owner of taxicab liable for injuries
to passenger.-Wilkins v. Featherstone Trans-
fer Co., 732.

V. ACTIONS FOR COMPENSATION.
317(5) (Ala.) Excluding irrelevant report
78 (Ala.) Bill for commissions held not of car inspectors as to condition of car step
prematurely filed.-Erswell v. Ford, 96.
not error.-Bradley v. Lewis, 324.
84(1)(La.) Burden on principal to estab-318(7) (La.) Finding that taxicab com-
lish termination of agency by limitation.-Grace
Realty Co. v. Noel, 51.

86(1) (La.) Evidence held to support judg-
ment.-Gerth's Realty Experts v. Kracke, 41.

pany and owner of colliding automobile were
both at fault sustained in passenger's action
for injuries.-Brook V. Interurban Motor
Transp. Co., 428.

319(3) (Miss.) Liable in substantial dam-gage given under name other than mortgagor's
ages for conductor's enforcement of separate own held properly denied.-Id.
coach law in offensive manner.-Illinois Cent. 150(1) (Ala.) Must be recorded in county
R. Co. v. Cox, 520.
of mortgagor's residence to constitute con-
Courts will limit damages for insulting pas-structive notice in another county.-Gay &
senger in enforcement of separate coach law; Bruce v. W. B. Smith & Sons, 633.
verdict in excess of $1,000 for offensive and in- 155 (Ala.) Purchaser of cotton with
sulting manner of enforcement of separate
coach law by conductor held excessive.-Id.

(F) Ejection of Passengers and Intruders.
357 (Ala.) Demand of excess fare held not
justified by conductor's ignorance of lack of
opportunity to purchase ticket.-Southern Ry.
Co. v. Blackwell, 215.

381(1) (Ala.) Carrier has burden of show-
ing that it afforded passenger reasonable op-
portunity to purchase ticket to justify extra
charge.-Southern Ry. Co. v. Blackwell, 215.

381(4) (Ala.) Evidence held not to show
reasonable opportunity afforded passenger to
buy ticket.-Southern Ry. Co. v. Blackwell, 215.

knowledge of mortgage takes no title which
will defeat action by mortgagee.-Gay & Bruce
v. W. B. Smith & Sons, 633.

157(2) (Ala.) Evidence held to warrant
finding defendant became claimant's tenant aft-
er chattel mortgage lien was created.-Gilles-
pie v. Bartlett & Byers, 858.

157 (3) (Ala.) Whether name in mortgage
was mortgagor's own, and whether he was so
generally known, held for jury.-Ingram v. Wat-
son, 557.

IV. RIGHTS AND LIABILITIES OF
PARTIES.

159 (Ala.) Mortgagee of crop has legal ti-
tle and is entitled to possession after crop
gathered. Gay & Bruce v. W. B. Smith &
Sons, 633.

172(8) (Ala.) Instruction as to applica-
tion of money paid held erroneous.-Monroe
Stock & Exchange Co. v. Thames, 348.
VII. REMOVAL OR TRANSFER OF PROP-

ERTY BY MORTGAGOR.

(A) Rights and Liabilities of Parties.
229(1) (Ala.) Instruction as to recording
of mortgage and sale by mortgagor without
landlord's consent held improperly denied.-
Gay & Bruce v. W. B. Smith & Sons, 633.

23 (Miss.) Order of Railroad Commission 229(3) (Ala.) Burden of showing recorda-
fixing rates not reviewable on certiorari.-Cum-
berland Telephone & Telegraph Co. v. State,
378.

tion in county of mortgagor's residence on
plaintiff mortgagee.-Gay & Bruce v. W. B.
Smith & Sons, 633.

Evidence held admissible to show good title
of defendant purchaser from mortgagor.-Id.

VIII. PAYMENT OR PERFORMANCE
CONDITION, RELEASE, AND

SATISFACTION.

OF

235 (Ala.) Proceeds of mortgaged prop-
erty or that charged with lien applied to debt
Monroe Stock & Exchange Co. v. Thames, 348.
secured, in absence of contrary agreement.-

CHILDREN.

See Infants; Parent and Child.
CITIES.

See Municipal Corporations.

CLASS LEGISLATION.

68 (Ala.) Admission by one joint and sev-
eral mortgagor held sufficient to charge him, See Constitutional Law, 212-253.
without producing or accounting for attesting
witness.-Gillespie v. Bartlett & Byers, 858.

III. CONSTRUCTION AND OPERATION.
(D) Lien and Priority.

138(3) (Ala.) Lien crops held superior to
landlord's lien, where relation of landlord and
tenant was subsequently created.-Gillespie
Bartlett & Byers, 858.

.

150(1) (Ala.) Recording of mortgage given
under name other than mortgagor's own not
notice to subsequent mortgages.-Ingram v.
Watson, 557.

Instruction as to effect of recordation of
mortgage under name other than mortgagor's
own held proper.-Id.

Instruction as to effect of use by mortgagor
of name not his own held proper.-Id.
Instruction as to mortgagor's use of name
not his own as constituting notice to subse-
quent mortgagee held proper.-Id.

Instruction as to effect of recording mortgage
under nickname held proper.-Id.

CLERKS OF COURTS.

65 (La.) Statute authorizing clerks to or-
der family meetings and homologate their pro-
ceedings held valid.-Cole v. Richmond, 419.

66 (La.) Clerk held authorized to appoint
members of family meeting.-Cole v. Richmond,
419.
COMMERCE.

I. POWER TO REGULATE IN GENERAL.

8(1) (Miss.) Statutes and regulations of
Interstate Commerce Commission binding on
both federal and state courts.-Stoner & Co. v.
Blocton Export Coal Co., 5.

rela-

8(13) (Fla.) Carrier's contractual
tions to shipper in interstate shipments fed-
eral question.-American Ry. Express Co. v.
Johnson, 743.

II. SUBJECTS OF REGULATION.

27(2) (Ala.) Under federal Employers'
Liability Act plaintiff must show defendant en-
gaged in interstate commerce.-Southern Ry.
Co. v. Dickson, 665.

Instruction as to rights of mortgagee dealing
with mortgagor under name different than used
in prior mortgage, held properly refused.--Id. 27(6) (Miss.) Action governed by federal
Instruction as to effect of recording of mort-Employers' Liability Act where employee and

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
railroad were engaged in interstate commerce. III. DISTRIBUTION OF GOVERNMENTAL
-New Orleans & N. E. R. Co. v. Penton, 521.

POWERS AND FUNCTIONS.

Thereof.

40(1) (Ala.App.) Foreign corporation's (A) Legislative Powers and Delegation
sale to retailer interstate commerce, but as-
sisting retailer to resell goods domestic com-
merce. City of Birmingham v. Hoover Suction
Sweeper Co., 83.

56 (La.) Statute authorizing clerks to or-
der family meetings and homologate their pro-
ceedings held valid.-Cole v. Richmond, 419.
risdiction of Supreme Court and decrease ju-
56 (La.) When Legislature may add to ju
risdiction of courts of appeal stated.-Perez v.
Cognevich, 444.

60 (Fla.) Lawmaking function of Legisla-
ture may not be abdicated.-Pursley v. City of
Ft. Myers, 366.

63 (1) (La.) State may delegate to munic-
ipal corporation or commission rate-making
powers.-Baton Rouge Waterworks Co. v. Lou-
isiana Public Service Commission, 710.

63(2) (Fla.) Delegation of legislative pow-
er to municipality in matters forming appro-
priate subjects of municipal regulation valid.-
Pursley v. City of Ft. Myers, 366.

(B) Judicial Powers and Functions.
70(1) (Ala.App.) Courts without author-
ity to vary written statutory law.-Wilson v.
State, 914.

70(1) (Fla.) Legislative determination
as to whether notice of application for local or
special legislation has been given is conclusive.
-State v. Fearnside, 256.

14 (Fla.) Common law may be changed by 70(3) (Ala.) Court cannot question wis-
statute.-State v. Parker, 260.

dom of legislation or limit legislative power.-
Bouchelle v. State Highway Commission, 884.

IV. POLICE POWER IN GENERAL.
81 (Ala.) Power to regulate rates of pub-
lic utilities is within police power.-Alabama
Water Co. v. City of Attalla, 490.

Police power cannot be abridged or suspend-
ed by contract between citizens of state or mu-
nicipality and citizen.-Id.

81 (Ala.) Police power as to nuisances
limited to prohibition or regulation of acts in-
terfering with another's rights.-Alabama
Great Southern R. Co. v. Cummings, 553.

X. EQUAL PROTECTION OF LAWS.

212 (Fla.) When principles of nonliability
and damnum absque injuria inapplicable.-Max-
well v. City of Miami, 147.

XI. DUE PROCESS OF LAW..

253 (Fla.) Unreasonable or unnecessary
exertion of municipal authority or police pow-
er impairing private rights unconstitutional.-
Maxwell v. City of Miami, 147.

When principles of nonliability and damnum
absque injuria inapplicable.-Id.

277(1) (Ala.) Right to use, property not
arbitrarily taken.-Alabama Great Southern R.
Co. v. Cummings, 553.

Abandoned well held property enjoyment of
which protected.-Id.

292 (Fla.) Ordinance prohibiting operation
of motor vehicles while intoxicated held not
violative of due process clause.-State v. Par-
ker, 260.

CONTINUANCE.

For validity of statutes relating to particular
subjects, see also the various specific topics.
II. CONSTRUCTION, OPERATION, AND EN- See Criminal Law, 586-600.
FORCEMENT OF CONSTITUTIONAL
PROVISIONS.

12 (Ala.) Principles of constitutional con-
struction stated.-Bouchelle v. State Highway
Commission, 884.

15 (Ala.) Interpreted in light of laws ex-
isting at time of its formulation.-Bouchelle v.
State Highway Commission, 884.

16 (Ala.) Extraneous representations by
newspapers, public officials, etc., not considered
in construing constitutional amendment author-
izing road construction.-Bouchelle v. State
Highway Commission, 884.

CONTRACTS.

See Bills and Notes;_Compromise and Settle-
ment; Covenants; Frauds, Statute of; Guar-
anty; Indemnity; Novation; Sales; Spe-
cific Performance; Vendor and Purchaser.

I. REQUISITES AND VALIDITY.
(A) Nature and Essentials in General.

10(2) (Miss.) Contract for permanent em-
ployment held terminable at pleasure of either
party.-Rape v. Mobile & O. R. Co., 585.

(C) Formal Requisites.

17 (Fla.) Adoption of organic law relates
to statutes changing common law.-State v. 42 (Ala.) Nonnegotiable instrument to be
Parker, 260.
delivered to obligee only on securing signature,