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(C) Separate or Subsequent Oral Agree- dence in action against his surety.-Maryland ment.

Casualty Co. y. Simmons, 2 F.(20) 29. Cm44! (9) (U.S.D.C.Wash.) Written contract w537(10) (U.S.C.C.A.Ga.) Direction of verfor sale of season's catch of salmon cannot be dict against administrator's surety in action for affected by showing oral warranty of quality.- devastavit by him held not_error.- Maryland Sooke Harbour Fishing & Packing Co. v. Mc- Casualty Co. v. Simmons, 2 F.(20) 29. Callum, 2 F.(20) 1008. m441 (11) (U.S.C.C.A.Or.) Agreement for re

EXEMPTIONS. payment from particular fund inadmissible to vary potes.-David v. Robert Dollar Co., 2 F. See Homestead; Taxation, 251. (2d) 803. Ca 441 (II) (U.S.C.C.A.Va.) Parol evidence

I. NATURE AND EXTENT. not admissible to add condition to unconditional

(C) Property and Rights Exempt. trade acceptance.-J. J. Lewis & Sons v. Ladson Lumber Co., 2 F.(20) 50.

Fun 45 (U.S.D.C.Tex.) Iron safe of jeweler not 442(1) (U.S.C.C.A.Or.) Written contract "tool or apparatus of trade."-In re Kessler, held not subject to be varied by parol evidence. 2 F.(20) 284. - David v. Robert Dollar Co., 2 F.(20) 803.

EXTRADITION. (D) Construction or Application of Lan

II. INTERSTATE. guage of Written Instrument.

21 (U.S.C.C.A.W.Va.) Proceedings for in. 448 (U.S.D.C.Md.) Rules of association, terstate extradition governed by federal statnot ambiguous, are not subject to construction ute.-Day v. Keim, 2 F.(20) 966. by testimony of officers or members.-Curtin v. 36 (U.S.C.C.A.W.Va.) Arrest may be made Gildea, 2 F.(20) 865.

without warrant to await requisition from anOmw460 (12) (U.S.C.C.A.Ga.) Parol evidence other state.-Day v. Keim, 2 F.(20) 966. admissible to identify property.-In re Coleman & Brown, 2 F.(20) 254.

FACTORS.
XII. OPINION EVIDENCE.

See Brokers. (A) Conclusions and Opinions of Witness.

FINES. es in General. Ow488 (U.S.C.C.A.Mass.) Opinions of witness

Oml (U.S.C.C.A.Tex.) Conviction for unlaw. es not dealers, as to value of land, admissible fully possessing intoxicating liquors supported within discretion of court.-U. S. v. Nickerson, commitment to jail.-Vollmer v. U. S., 2 F.(20)

sentence to pay fine, and in default of payment 2 F.(20) 502.

551. (B) Subjects of Expert Testimony.

FIXTURES. em 508 (U.S.C.C.A.Ohio) Expert testimony admissible on misbranding of mineral water as

20 (U.S.C.C.A.Ga.) Creamery machinery to curative powers.--Goodwin v. U. S., 2 F. of after-acquired property.-In re Moultrie

held fixtures included within prior mortgage (20) 200.

Creamery & Produce Co., 2 F.(20) 129. (C) Competency of Experts. Om 536 (U.S.C.C.A.Ohio) Opinion of chemist

FOOD. or doctor competent on curative powers of al- Con 7 (U.S.C.C.A.Mass.) Massachusetts Filled leged misbranded mineral water.-Goodwin v. U.

Milk Act held not to apply to compound conS., 2 F.(2d) 200.

taining egg yolk; "fat or oil.”-Mahoney y.

Carolene Products Co., 2 F.(20) 366. XIV. WEIGHT AND SUFFICIENCY.

C 15 (U.S.C.C.A.Ohio) Mineral water held w 596 (3) (U.S.C.C.A.Neb.) Clear, satisfac- "drug,” not "food," within statute.-Goodwin tory, and convincing evidence necessary to es

v. U. S., 2 F.(20) 200. tablish oral agreement by decedent affecting C24 (U.S.C.C.A.Ohio) Procedure, and not jutitle to realty.-Frenzer v. Frenzer, 2 F.(20) risdiction, of admiralty, provided by Food and 218.

Drug Act.-Goodwin v. U. S., 2 F.(20) 200. EXCEPTIONS, BILL OF.

Libel held to state case of false labeling as

to curative powers.-10. . See Appeal and Error, om 544-555.

Libel for false labeling as to curative powers II. SETTLEMENT, SIGNING, AND FILING.

sustained by showing any of claims false.-Id. 36(1) (U.S.C.C.A.Cal.) Must be for rulings

FORMER JEOPARDY, excepted to at trial.--- Atchison, T. & S. F. Ry. Co. v. Nichols, 2 F.(2d) 12.

See Criminal Law, em 185–200. 38 (U.S.C.C.A.Cal.) Bill of exceptions must be presented to judge of District Court during

FRAUD. term at which case was tried.--Atchison, T. & S. F. Ry. Co. v. Nichols, 2 F.(2d) 12.

See Fraudulent Conveyances. Om38 (U.S.C.C.A.Ohio) Federal court settle and sign bill of exceptions at any time FRAUDULENT CONVEYANCES. during term.-Napier v. Northwestern Ohio Ry.

I. TRANSFERS AND TRANSACTIONS IN& Power Co., 2 F.(20) 701.

VALID.

(C) Property EXECUTION.

Rights Transferred. II. PROPERTY SUBJECT TO EXECUTION.

Cm 47 (U.S.D.C.N.Y.) Bulk Sales Act held not

applicable to sale.--Potter v. Walker, 2 F.(2) On31

(U.S.D.C.N.Y.). Contingent interests 774. not subject to execution.-Farmers' Loan &

(E) Consideration. Trust Co. v. Miller, 2 F.(20) 493.

ww88 (U.S.C.C.A.S.C.). Mortgage held voida

ble as preferences under state statute.-Pry. EXECUTORS AND ADMINISTRATORS.

or_v. Greene, 2 F.(20) 234. See Wills.

Transaction between relative claimed to cre

ate equitable lien closely scrutinized.-Id. XIII. LIABILITIES ON ADMINISTRATION Om 95(10) (U.S.C.C.A.S.C.) Conveyance by BONDS.

insolvent husband to wife held fraudulent as ww535 (U.$.C.C.A.Ga.) Judgment establishing to creditors.-Prosser v. Chapman, 2 F.(28) devastavit by administrator prima facie evi- 134.

can

and

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER (J) Knowledge and Intent of Grantee

Immunity from prosecution not considered as Om 162(1) (U.S.C.C.A.S.C.) Transfer voidable defense.--Id. as preference under South Carolina statute.- Om92(2) (U.S.C.C.A.W.Va.) Warrant issued Pryor v. Greene, 2 F.(20) 234.

after filing of petition may be considered.-Day

v. Keim, 2 F.(20) 966. GARAGES.

Om 103 (U.S.C.C.A.W.Va.) Petition for writ

by one held for interstate extradition should be See Livery Stable and Garage Keepers.

retained until proceedings are lawfully con

cluded.-Day v. Keim, 2 F.(20) 966. GAS.

Omo 113(12)" (App.D.C.) Averments of petition 14(1) (U.S.C.C.A.Neb.) Statute empower

taken as true on appeal from judgment sustaining city to make irrevocable contract for 20-ing, motion to quash petition. Prioleau v. Su

perintendent of Washington Asylum and Jail, 2 year term held constitutional.--Nebraska Gas

F.(20) 317. & Electric Co. v. City of Stromsburg, Neb., 2 F.(2) 518.

HARMLESS ERROR. Statute held to empower city to make irrevocable contract fixing gas and electric rates See Appeal and Error, 1054-1068; Crimifor period.--Id.

nal Law, w1163–1177. Equity will not relieve from confiscatory rates fixed by contract between public utility corpora

HIGHWAYS. tion and city empowered to contract.-Id.

II. HIGHWAY DISTRICTS AND OFFICERS. City's contract with public utility fixing rates construed as other contracts.-Id.

90 (U.S.D.C.Ark.) Transferees of certifiCity's contract with gas company fixing maxi- cates of indebtedness of improvement district mum rates held void for want of mutuality.-Id. in no better position than original payees.-Fil

Invalid contract between city and gas com- bert v. Arkansas & Missouri Highway Dist., 2 pany fixing maximum rates not enforced on F.(20) 114. theory of partial performance.-Id.

Certificates of indebtedness of improvement Om 14(1) (U.S.D.C.N.Y.) Constitutionality of district held valid as having been issued after statutory rates determined by present condi- lawful reassessment of benefits.-Id. tions.-Brooklyn Union Gas Co. v. Nixon, 2 F.(20) 118.

III. CONSTRUCTION, IMPROVEMENT, AND Remunerative past dividends cannot affect

REPAIR. right to present fair earnings.-Id.

e 113(3) (U.S.D.C.Ark.) Contracts for per. Statutory rate imposed on gas company held manent work before assessment of benefits are confiscatory.-Id.

void and not ratifiable in Arkansas.--Filbert v.

Arkansas & Missouri Highway Dist., 2 F.(20) GOOD WILL.

114. m6(1) (U.S.C.C.A.III.) Conveyance of good

IV. TAXES, ASSESSMENTS, AND WORK will generally includes trade-names and trade

ON HIGHWAYS. marks.—Morand_Bros. V. Chippewa Springs Corporation, 2 F.(20) 237.

m 139 (U.S.C.C.A.Ark.) Railroad in highway improvement district could not be taxed on

mileage basis where other lands were taxed on GRAND JURY.

acreage basis.-Road Improvement Dist. No. Om 12 (U.S.C.C.A.Ky.) Taking names from 1 of Franklin County, Ark., v. Missouri Pac. R. petit jury list to make up deficiency in grand Co.,, 2. F.(20) 340. jury list held sufficient compliance with stat- w 140 (U.S.C.C.A.Ark.) Road district benefit ute.-Abramson v. U. S., 2 F.(20) 595.

assessment must not be arbitrary and discrimem 15 (App.D.C.) Employee to whom govern- inatory.-Kansas City Southern Ry. Co. v. May, ment; is paying disability compensation held 2 F.(20) 680. "employee" of government, disqualified as ju- Benefit assessment against railway right of ror.-U. S. v. Griffith, 2 F.(20) 925.

way held discriminatory.-Id. United States government employee not qual

Benefit assessment on railroad right of way ified to serve as member of grand jury in Dis- of $10,000 per mile held arbitrary and discrimtrict of Columbia.-Id.

inatory.-Id.

Om 142 (U.S.C.C.A.Ark.) Arkansas county HABEAS CORPUS.

court without authority to change assessments 1. NATURE AND GROUNDS OF REMEDY.

in absence of written objections and hearing:

Kansas City Southern Ry. Co. v. May, 2 F.(20) 3 (App.D.C.) Defendant, committed to jail 680. in police court after execution of bond staying Railroad agreeing to reduced assessment held execution of sentence, could petition for writ entitled to attack it for fraudulent reduction of of habeas corpus.--Prioleau v. Superintendent other assessments increasing its proportion. of Washington Asylum and Jail, 2 F.(20) 317. -Id.

4 (U.S.C.C.A.Tex.) Function of habeas mw 143 (U.S.C.C.A.Ark.) Arbitrary assessment corpus proceeding stated.-Smith v. Gross, 2 involving protection of law cannot be validated F.(20) 507.

by statute.-Road Improvement Dist. No. 1 of

Franklin County, Ark., v. Missouri Pac. R. Co., II. JURISDICTION. PROCEEDINGS, AND

2 F.(20) 340. RELIEF.

w 144 (U.S.C.C.A.Ark.) Where benefit m 45(3) (U.S.C.C.A.W.Va.) Proceedings for sessment set aside, reassessment authorized.interstate extradition governed by federal stat- Kansas City Southern Ry. Co. v. May, 2 F.(20) ute, and federal courts have jurisdiction of ha- 680. beas corpus proceeding.-Day v. Keim, 2 F. Om 148 (U.S.C.C.A.Ark.) Remedy by appeal (20) 966.

cannot be claimed adequate where commission-85(1) (U.S.C.C.A.Pa.) Postponement of ers fraudulently caused railroad to lose right sentence presumed for lawful purpose.--Musick of appeal from assessment.-Kapsas City v. U. S., 2 F.(2d) 711.

Southern Ry. Co. v. May, 2 F.(20) 680. un 92 (1) (U.S.C.C.A.Kan.) Review of convic- Statutory remedy by motion held not so certion by court-martial limited to question of tainly applicable as to preclude resort to equijurisdiction.-Frazier v. Anderson, 2 F.(20) 36. ty.-Id.

92(2) (U.S.C.C.A.Tex.) Probable cause, Road district commissioners not entitled to but not matters of defense, determined in pro- urge laches in action to enjoin assessments. ceedings by petitioners resisting removal to -Id. other jurisdictions.--Smith v. Gross, 2 F.(20) Road district bondholders not persons prej. 507.

udiced entitled to set up laches.-Id.

as

HOMESTEAD.

· INDICTMENT AND INFORMATION. I. NATURE, ACQUISITION, AND EXTENT. II. FINDING AND FILING OF INDICTMENT

OR PRESENTMENT. (B) Persons Entitled. Om18 (U.S.D.C.La.) Father of minor child is 6 (U.S.D.C.La.) Defendant may be indict"head of a family," under law of Louisiana.-- ed for offense committed in another division of In re Bordelon, 2 F.(20) 164.

district.-U. S. v. Beaugh, 2 F.(20) 378.

Grand jury drawn exclusively from one divi. (C) Acquisition and Establishment.

sion of district may not indict for offense com

mitted in another division.-Id. 31 (U.S.C.C.A.Tex.) Purchasers who remained in possession of other land, without IV. FILING AND FORMAL REQUISITES OF preparation to appropriate purchased land as INFORMATION OR COMPLAINT. a homestead, did not acquire homestead.-Bry: 52(1) (U.S.C.C.A.Tex.) Information need son v. Provident Nat. Bank of Waco, Tex., 2 not be verified, nor supported by affidavit, F.(20) 831.

where its sole purpose is to state accusation.HOMICIDE.

Vollmer v. U. S., 2 F.(20) 551.
VII. EVIDENCE.

V. REQUISITES AND SUFFICIENCY OF

ACCUSATION. (B) Admissibility in General.

Om79 (U.S.C.C.A.III.) Clerical error held not w 171(3) (App.D.C.) Evidence as to homi

to invalidate indictment for using mails to decides committed by defendant held admissible in fraud.-Moore v. U. S., 2 F.(20) 839. prosecution for murder committed in effort to m87(7) (U.S.C.C.A.W.Va.) Allegation of avoid arrest therefor.-Copeland v. U. S., 2 F. time of overt acts fixes time of conspiracy (20) 637.

charged.–Fisher v. U. S., 2 F.(20) 843.

93 (U.S.C.C.A.Tex.) Counts of information (E) Weight and Sufficiency.

alleging only what appeared from complaint, m250 (App.D.C.) Evidence held to sustain transcript and other evidence held insufficient, conviction for murder.-Copeland v. U. S., 2 F. but count explicitly charging offense sufficient. (20) 637.

Vollmer v. U. S., 2 F.(2d) 551. Cm 253(3). (App.D.C.) Defendant, killing offi

ww108 (U.S.C.C.A.III.) Reference to wrong cer to avoid arrest, held guilty of first degree

statute does not invalidate indictment.—Taylor murder.--Copeland v. U. S., 2 F.(20) 637.

v. U. S., 2-F.(20) 444.
mill(i) (U.S.C.C.A.Ala.) Indictment for

unlawfully selling narcotics held sufficient.HUSBAND AND WIFE,

Brown v. U. S., 2 F.(20) 589. See Divorce.

(U.S.C.C.A.Minn.) Indictment

charging sale of narcotics need not negative IV. DISABILITIES AND PRIVILEGES OF

exceptions named in act.–Daugherty v. U. S., COVERTURE.

2 F.(20) 691.

114 (U.S.D.C.N.Y.) To authorize punish. (C) Contracts.

ment as second offender. prior conviction must Om87 (6) (App.D.C.) Statute held to prohibit be pleaded in indictment or information.-U, S. married woman from making contracts as sure

ex rel. Manchbach v. Moore, 2 F.(2d) 988. ty.-Schwartz v. Sacks, 2 F.(20) 188.

Indictment or information for second offense Married woman's note, void because signed should set out prior conviction and sentence. as surety, not valid in hands of payee's as

-Id. signee.-Id.

Om 121 (5) (U.S.C.C.A.W.Va.) Indefiniteness

cured by bill of particulars.--Fisher v. U. S., V. WIFE'S SEPARATE ESTATE.

2 F.(20) 843. (C) Liabilities and charges.

VI. JOINDER OF PARTIES, OFFENSES, Om 169(1) (U.S.D.C.Idaho) Idaho statutes

AND COUNTS, DUPLICITY, AND

ELECTION. make married women competent to execute accommodation mortgage on separate property: - Om 125(512) (U.S.C.C.A.Ill.) Indictment may Vanderpool v. Bank of Hansen, 2 F.(20) $77. charge conspiracy to commit different offenses. Om 171(1) (App.D.C.) Statute held to prohibit -Taylor v. U. S., 2 F.(20) 444. married woman from making contracts Om 127 (U.S.C.C.A.Minn.) Different sales to surety for husband.-Schwartz v. Sacks, 2 F. different persons on different days constitute (20) 188.

separate offenses.-Daugherty v. U. S., 2 F.(20) em 171(8) (App.D.C.) Married woman's note, 691. void because signed as surety for husband, not valid in hands of payee's assignee.-Schwartz v.

IX. ISSUES, PROOF, AND VARIANCE. Sacks, 2 F.(20) 188.

i 180 (U.S.C.C.A.Mass.) Difference in names

given complaining witness held of no importILLEGITIMATE CHILDREN.

ance.- Mansolilli v. U. S., 2 F.(20) 42. See Bastards.

XI. WAIVER OF DEFECTS AND OBJEC.

TIONS, AND AIDER BY VERDICT. IMMIGRATION.

Om 196(3) (U.S.C.C.A.Ala.) Plea in abate

ment, alleging irregularities in finding indictSee Aliens, Om 39-54.

ment, filed three months after indictment re

turned, held too late.-Powe v. U. S., 2 F.(20) IMMUNITY.

975.

196(4) (U.S.C.C.A.III.) Insufficiency of verSee Constitutional Law, Ow205.

ification waived by going to trial without ob

jection.-Schmidt v. U. S., 2 F.(20) 367. IMPROVEM NTS.

INFANTS. See Municipal Corporations, Oms 412_450.

II. CUSTODY AND PROTECTION. INDIANS.

Cm20 (App.D.C.) Informations charging de

fendant with contributing to delinquency of 38(7) (U.S.C.C.A.Okl.) Imposition of pun- minor held defective.-Frizzell v. U. S., 2 F.(20) ishment under National Prohibition Act for 398. introducing liquor into Indian country held er- Defendant, charged with contributing to deror.-Kennedy v. U. S., 2 F.(2d) 597.

linquency of child, must have contributed to Bank of England, 2 F.(20) 793. Om 102 (U.S.D.C.W.Va.) Equity does not in

as

re

brances,

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER offense for which child has been convicted; reparable damage shown, and defendant can "delinquent child."-Id.

be protected by bond.–Fordson Coal Co. v. Knowledge of child's character not essential Maggard, 2 F.(20) 708. element of offense of contributing to delinquen. 136 (2) (U.S.D.C.La.) Complainant held cy_of minor.-Id.

entitled to preliminary injunction to Defendant may be guilty of contributing to strain trespass on real estate.-Buckley v. delinquency of child by acts committed before Delaware Louisiana Fur Trapping Co., 2 F. date of child's first conviction.-Id.

(20) 180. Statute making it a misdemeanor to contrib- m 136(2) (U.S.D.C.N.Y.) Issuance of common ute to delinquency of child not limited to per- stock and its sale chiefly to preferred stocksons standing in loco parentis to child.-Id. holders temporarily enjoined at suit of com

mon stockholders.-Borg v. International SilVII. ACTIONS.

ver Co., 2 F.(20) 910. 112 (U.S.C.C.A.Ark.) Decree held not to be collaterally attacked.-Dickson v. Neal, 2 F.

VII. VIOLATION AND PUNISHMENT. (20) 533.

113 (U.S.C.C.A.Ark.) Bound by consentem 223(1) (U.S.D.C.III.) Manufacturers held decree.-Dickson v. Neal, 2 F.(20) 533.

not in contempt for violation of injunction

against infringement because of actions of deal. INJUNCTION..

er.-Tubular Heating & Ventilating Co. v. Mt.

Vernon Furnace & Mfg. Co., 2 F.(20) 982. 1. NATURE AND GROUNDS IN GENERAL, (A) Nature and Form of Remedy.

INSOLVENCY. On5 (U.S.C.C.A.Ky.) Holder of warehouse

See Bankruptcy. receipts covering whisky held without remedy at law and entitled to mandatory injunction re

INSTRUCTIONS. quiring warehouseman to sign forms necessary for removal.-Simon v. Frankfort Distillery, 2 See Criminal Law, 75542-834; Trial, F.(20) 949.

194–295. II. SUBJECTS OF PROTECTION AND

INSURANCE. RELIEF. (B) Property, Conveyances, and Incum.

III. INSURANCE AGENTS AND BROKERS.

(A) Agency for Insurer. Cm 43 (App.D.C.) Attorney's claim for amount Om81 (U.S.C.C.A.N.J.) Agent procuring indue from legatee for costs and expenses held.

surance on own property must disclose every not secured by lien, but entitled to protection in material fact.-Westchester Fire Ins. Co. of equity.-Fletcher v. Kellogg, 2 F.(20) 315. New York City v. Fitzpatrick, 2 F.(20) 651.

Om94 (U.S.C.C.A.Wash.) Insurer is bound by (C) Contracts.

contract as made by agent and accepted.-61 (2) (U.S.D.C.Pa.) Lies to restrain Schumacher v. North British & Mercantile Ins. breach of agreement not to engage in certain Co., 2 F.(20) 509. business.-Reed, Fears & Miller v. Miller, 2 F. (20) 280.

V. THE CONTRACT IN GENERAL. (E) Public Oficers and Boards and Ma- (A) Nature, Requisites, and Validity. nicipalities.

Om 124 (U.S.C.C.A.N.J.) Nature of "policy of em 85(1) (App.D.C.) Enforcement of penal insurance" stated.-Westchester Fire Ins. Co. statute not enjoined.-Rudolph v. Lockwood, 2 of New York City v. Fitzpatrick, 2 F.(20) 651. F.(20) 319.

Omw 126 (U.S.C.C.A.Wash.) Incorporeal inter

est in property is insurable.-Schumacher v. (G) Personal Rights and Duties. North British & Mercantile Ins. Co., 2 F.(2d) 101 (2) (U.S.D.C.III.) Trade union and em

509. ployees may be enjoined from conspiracy to ob- fm 131(!) (U.S.D.C.La.) Verbal coniract to struct interstate commerce by compelling dis

issue policy held binding.-Tatum v. Hartford charge of nonunion employees.-Western Un- Fire Ins. Co., 2 F.(20) 275. ion Telegraph Co. v. International Brother- Om 140/2 (U.S.C.C.A.Wash.) Policy on hops hood of Electrical Workers, Local Union No.

under contract of sale not void as over insur134, 2 F.(20) 993.

ance.--Schumacher v. North British & MercanInjunction lies to restrain boycott by trade tile Ins. Co., 2 F.(20) 509. union-Id. Lawful persuasion of employees to cease

(B) Construction and Operation, work is unlawful, when result of conspiracy to interrupt commerce.-Id.

Om 146(1) (U.S.C.C.A.N.J.) Policy to be inOrder restraining employees from conspiring terpreted other contracts.- Westchester to persuade other employees to cease work held

Fire Ins. Co. of New York City v. Fitzpatrick, not objectionable and not within Clayton Act.

2 F.(2d) 651. -Id.

Om 146(3) (U.S.C.C.A.Ark.) Fidelity bond can

not be changed by rules of construction.(II) Criminal Acts, Conspiracies,

and

Maryland Casualty Co. of Baltimore, Md., v. Prosecutions.

Om 166 (U.S.C.C.A.N.J.) Policy held to shipherently enjoin misdemeanors, presumption be

ments only to or from place named.--Shirley ing citizen is not criminal.-U. S. v. Seibert, 2

Silk Co. v. Globe & Rutgers Fire Ins. Co., 2 F.(20) 80.

F.(2d) 362. Om 105(1).(U.S.C.C.A.Alaska) Will not lie to restrain criminal suit because of alleged erro

IX. AVOIDANCE OF POLICY FOR MISREPneous administrative construction.-P. E. Har

RESENTATION, FRAUD, OR BREACH

OF WARRANTY OR CONDITION. ris & Co. v. O'Malley, 2 F.(20) 810.

(B) Matters Relating to Property or InIV. PRELIMINARY AND INTERLOCUTORY

terest Insured. INJUNCTIONS. (A) Grounds and Proceedings to Procure.

em 282(4) (U.S.D.C.La.) Builder's risk policy

held not invalid because insured was not the Om 135 (U.S.C.C.A.Ky.) Sound discretion usu- unconditional owner of the property.--Tatum v. ally requires temporary injunction, where ir- Hartford Fire Ins. Co., 2 F.(20) 275.

as

X. FORFEITURE OF POLICY FOR BREACH insured in contract.--Schumacher V. North

OF PROMISSORY WARRANTY, COVE- British & Mercantile Ins. Co., 2 F.(20) 509.

NANT, OR CONDITION SUBSEQUENT. (B) Matters Relating to Property or In.

XIV. NOTICE AND PROOF OF LOSS. terest Insured.

Om552 (U.S.C.C.A.Ga.) Incorrect statements Omw 332(2) (U.S.C.C.A.Ark.) Breach of condi- in proof of loss, if honestly made, did not tion for monthly comparison of employés' ac

make policy void.-Camden Fire Ins. Ass'n v. counts held to prevent bank's recovery.--Mary. Penick, 2 F.(20) 964. land Casualty Co. of Baltimore, Md., v. Bank of England, 2 F.(20) 793.

XVIII. ACTIONS ON POLICIES.

C 646 (6) (U.S.C.C.A.Pa.) That sinking of XI. ESTOPPEL, WAIVER, OR AGREE

vessel, though seaworthy, was caused by sea MENTS AFFECTING RIGHT то AVOID OR FORFEIT POLICY.

perils, not presumed.-Klein v. Globe & Rut

gers Fire Ins. Co. of New York City, 2 F.(20) Om380 (U.S.C.C.A.N.J.) Agent owes insurer 137. diligence and good faith.-Westchester Fire -646(7) (U.S.C.C.A.Ga.) Presumption Ins. Co. of New York City v. Fitzpatrick, 2 against suicide rebuttable.- New York Life Ins. F.(20) 651.

Co, v. Bradshaw, 2 F.(2d) 457. a 392(6) (U.S.C.C.A.Pa.) Acceptance of pre- Om662(1) (U.S.C.C.A.Ga.) Statement to inmium after loss held to estop insurer to deny sured by agent, who made out his proof of loss, seaworthiness of vessel when insured.-Klein held properly admitted on issue of insured's v. Globe & Rutgers Fire Ins. Co. of New York good faith. --Camden Fire Ins. Ass'n v. Penick, City, 2 F.(2d) 137.

2 F.(20) 964.

665(3) (U.S.C.C.A.Pa.) Vessel held seaXII. RISKS AND CAUSES OF LOSS. worthy at_commencement of voyage.-Klein v. (A) Marine Insurance.

Globe & Rutgers Fire Ins. Co. of New York

City, 2 F.(20) 137. Om402 (U.S.D.C.11.) Underwriters held liable

Om665(4) (U.S.C.C.A.Ga.) Evidence held to for damages to rudder and boiler of vessel.-- warrant finding insured suffered loss of number Chicago S. S. Lines v. U, S. Lloyds, 2 F.(20) of bales of cotton claimed.--Camden Fire Ins. 767.

Ass'n v. Penick, 2 F.(20) 964. C403 (U.S.C.C.A.Pa.) “Perils of the seas" 665(4) (U.S.C.C. A. Pa.) Sunken vessel insured against may vary with character of held not constructive total loss.-Klein v. Globe vessel.-Klein v. Globe & Rutgers Fire Ins. Co. & Rutgers Fire Ins. Co. of New York City, 2 of New York City, 2 F.(20) 137.

F.(2d) 137. Sinking of insured vessel' held due to "perils on 665(4) (U.S.D.C.III.) Evidence held insuffiof the sea."-Id.

cient to warrant owner of sunken vessel in Cm 416 (U.S.D.C.111.) Underwriters held not

abandoning her to underwriters.-Chicago S. S. liable for damages from sinking of vessel due Lines v. U. S. Lloyds, 2 F.(20) 767. at least in part to owner's negligence.- Chicago @mw665(6) (U.S.C.C.A.Ga.) Evidence held to S. S. Lines v. U. S. Lloyds, 2 F.(20) 767. show suicide by insured.-New York Life Ing.

Co. v. Bradshaw. 2 F.(20) 457. XIII. EXTENT OF LOSS AND LIABILITY mm 668 (5) (U.S.C.C.A.N.J.) Whether defendOF INSURER.

ants concealed, misrepresented, or made false (A) Marine Insurance.

oath, as to material matter relating to policy On 468 (U.S.C.C.A.Pa.) Actual total loss of

held for jury.-Westchester Fire Ins. Co. of vessel.-Klein v. Globe & Rutgers Fire Ins.

New York City v. Fitzpatrick, 2 F.(20) 651, Co. of New York City, 2 F.(20) 137.

Contract of sale reserving title in vendor not Em 469 (U.S.C.C.A.Pa.) Policy may limit right change of interest."--Id. to abandon vessel as constructive total loss.-

668 (9) (U.S.C.C.A.N.J.) Whether building Klein v. Globe & Rutgers Fire Ins. Co. of New inspector's condemnation was result of conniYork City, 2 F.(20) 137.

vance with insured held jury question.-West470 (U.S.C.C.A.Pa.) Abandonment condi

chester Fire Ins. Co. of New York City v. tion precedent to recovery for constructive to

Fitzpatrick, 2 F.(20) 651. tal loss.-Klein v. Globe & Rutgers Fire Ins. 668(10), (U.S.C.C.A.Wash.) Evidence of Co. of New York City, 2 F.(2d) 137.

fire loss held to preclude directed verdict for To authorize abandonment, vessel must be insurer.-Phenix Îns. Co. v. Bakovic, 2 F.(20)

857. actual or constructive total loss.-Id. Duty of owner to determine cause and ex

O 668(13) (U.S.C.C.A.Ga.) Under policy tent of loss.-Id.

evidence consistent only with insured's suicide Cum 470 (U.S.D.C.III.) Mere raising of vessel

required instruction that beneficiary was entiheld not acceptance of abandonment to under- tled to recover premiums paid only.-New York writers.--Chicago S. S. Lines v. U. S. Lloyds, 668(14) - (U.S.C.C.A.Ga.) Whether incor;

Life Ins. Co. v. Bradshaw, 2 F.(20) 457. 2 F.(20) 767. Underwriters having raised vessel to mini

rect statements in proof of loss fraudulent held mize loss held not obliged to make repairs be

jury question.-Camden Fire Ins. Ass'n v. Pefore tendering her back.-Id.

nick, 2 F.(20) 964. Acts of president of owner corporation held am 668 (14) (U.S.C.C.A.N.J.) Whether insurwaiver of attempted abandonment of vessel to

ed's refusal to subscribe examination as requirunderwriters.--Id.

ed by policy was justified held for the jury.It is duty of insured owner of vessel, on its

Westchester Fire Ins. Co. of New York City sinking, to make adequate investigation of

v. Fitzpatrick, 2 F.(20) 651. cause and cost of raising and repairing before

Whether excessive loss claimed violated conabandonment to underwriters.-Id.

dition against fraud or false swearing held for Whether loss is in an amount warranting jury:-Id. abandonment of vessel to underwriters not pe

C669(4) (U.S.C.C.A.N.J.) Refusal of inculiarly, question of fact; "high probability" struction as to misrepresentation and concealrule being applicable.-Id.

ment held error.- Westchester Fire Ins. Co. of Cm 471 (U.S.C.C.A.Pa.) Marine policy covers

New York City v. Fitzpatrick, 2 F.(20) 651. losses from latent injuries.--Klein v. Globe &

Refusal to instruct in regard to increase of Rutgers Fire Ins. Co. of New York City, 2

hazard by condemnation of building and inF.(2d) 137.

struction to tenants to vacate held error.-Id. (B) Insurance of Property and Titles.

INTERNAL REVENUE. 507 (U.S.C.C.A.Wash.) Policy on hops un- Cm2 (U.S.D.C.Conn.) Laws expressly or imder contract of sale held to cover interest of pliedly repealed by Prohibition Act revived by

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