441 (9) (U.S.D.C.Wash.) Written contract for sale of season's catch of salmon cannot be affected by showing oral warranty of quality. Sooke Harbour Fishing & Packing Co. v. McCallum, 2 F. (2d) 1008.

441(11) (U.S.C.C.A.Or.) Agreement for repayment from particular fund inadmissible to vary notes.-David v. Robert Dollar Co., 2 F. (2d) 803.

~441(11) (U.S.C.C.A.Va.) Parol evidence not admissible to add condition to unconditional trade acceptance.-J. J. Lewis & Sons v. Ladson Lumber Co., 2 F. (2d) 50.

442(1)(U.S.C.C.A.Or.) Written contract held not subject to be varied by parol evidence. -David v. Robert Dollar Co., 2 F.(2d) 803.

(D) Construction or Application of Language of Written Instrument.

448 (U.S.D.C.Md.) Rules of association, not ambiguous, are not subject to construction by testimony of officers or members.-Curtin v. Gilden, 2 F. (2d) 865.

evidence

460 (12) (U.S.C.C.A.Ga.) Parol admissible to identify property.-In re Coleman & Brown, 2 F. (2d) 254.

XII. OPINION EVIDENCE. (A) Conclusions and Opinions of Witnesses in General.

488 (U.S.C.C.A.Mass.) Opinions of witnesses not dealers, as to value of land, admissible within discretion of court.-U. S. v. Nickerson, 2 F. (2d) 502.

(B) Subjects of Expert Testimony.

508 (U.S.C.C.A.Ohio) Expert testimony admissible on misbranding of mineral water as to curative powers.-Goodwin v. U. S., 2 F. (2d) 200.

(C) Competency of Experts.

536 (U.S.C.C.A.Ohio) Opinion of chemist or doctor competent on curative powers of alleged misbranded mineral water.-Goodwin v. U. S., 2 F. (2d) 200.

II. SETTLEMENT, SIGNING, AND FILING. 36(1) (U.S.C.C.A.Cal.) Must be for rulings excepted to at trial.-Atchison, T. & S. F. Ry. Co. v. Nichols, 2 F. (2d) 12.

38 (U.S.C.C.A.Cal.) Bill of exceptions must be presented to judge of District Court during term at which case was tried.-Atchison, T. & S. F. Ry. Co. v. Nichols, 2 F. (2d) 12. 38 (U.S.C.C.A.Ohio) Federal court can settle and sign bill of exceptions at any time during term.-Napier v. Northwestern Ohio Ry. & Power Co., 2 F. (2d) 701.

EXECUTION.

(U.S.D.C.N.Y.)

7 (U.S.C.C.A.Mass.) Massachusetts Filled Milk Act held not to apply to compound containing egg yolk; "fat or oil."-Mahoney v. Carolene Products Co., 2 F. (2d) 366.

15 (U.S.C.C.A.Ohio) Mineral water held "drug," not "food," within statute.-Goodwin v. U. S., 2 F. (2d) 200.

24 (U.S.C.C.A.Ohio) Procedure, and not jurisdiction, of admiralty, provided by Food and Drug Act.-Goodwin v. U. S., 2 F.(2d) 200.

Libel held to state case of false labeling as to curative powers.-Id..

Libel for false labeling as to curative powers sustained by showing any of claims false.-Id.

BONDS.

(E) Consideration.

88 (U.S.C.C.A.S.C.) Mortgage held voidable as preferences under state statute.-Pryor v. Greene, 2 F.(2d) 234.

by

Transaction between relative claimed to create equitable lien closely scrutinized.-Id. 95(10) (U.S.C.C.A.S.C.) Conveyance insolvent husband to wife held fraudulent as to creditors.-Prosser v. Chapman, 2 F. (2d) 134.

14(1) (U.S.C.C.A.Neb.) Statute empowering city to make irrevocable contract for 20year term held constitutional.-Nebraska Gas & Electric Co. v. City of Stromsburg, Neb., 2 F. (2d) 518.

Statute held to empower city to make irrevocable contract fixing gas and electric rates for period. Id.

Equity will not relieve from confiscatory rates fixed by contract between public utility corporation and city empowered to contract.-Id.

City's contract with public utility fixing rates construed as other contracts.-Id.

City's contract with gas company fixing maximum rates held void for want of mutuality.-Id. Invalid contract between city and gas company fixing maximum rates not enforced on theory of partial performance.-Id.

14(1) (U.S.D.C.N.Y.) Constitutionality of statutory rates determined by present conditions.-Brooklyn Union Gas Co. v. Nixon, 2 F. (2d) 118.

Remunerative past dividends cannot affect right to present fair earnings.-Id.

Statutory rate imposed on gas company held confiscatory.-Id.

GOOD WILL.

6(1) (U.S.C.C.A.III.) Conveyance of good will generally includes trade-names and trademarks.-Morand Bros. v. Chippewa Springs Corporation, 2 F. (2d) 237.

GRAND JURY.

12 (U.S.C.C.A.Ky.) Taking names from petit jury list to make up deficiency in grand jury list held sufficient compliance with statute.-Abramson v. U. S., 2 F. (2d) 595.

15 (App.D.C.) Employee to whom government is paying disability compensation held "employee" of government, disqualified as juror.-U. S. v. Griffith, 2 F.(2d) 925.

United States government employee not qualified to serve as member of grand jury in District of Columbia.-Id.

HABEAS CORPUS.

I. NATURE AND GROUNDS OF REMEDY.

3 (App.D.C.) Defendant, committed to jail in police court after execution of bond staying execution of sentence, could petition for writ of habeas corpus.-Prioleau v. Superintendent of Washington Asylum and Jail, 2 F. (2d) 317. 4 (U.S.C.C.A.Tex.) Function of habeas corpus proceeding stated.-Smith v. Gross, 2 F. (2d) 507.

II. JURISDICTION. PROCEEDINGS, AND

RELIEF.

45(3) (U.S.C.C.A.W.Va.) Proceedings for interstate extradition governed by federal statute, and federal courts have jurisdiction of habeas corpus proceeding.-Day v. Keim, 2 F. (2d) 966.

85(1) (U.S.C.C.A.Pa.) Postponement of sentence presumed for lawful purpose.-Musick v. U. S., 2 F. (2d) 711.

92(1) (U.S.C.C.A.Kan.) Review of conviction by court-martial limited to question of jurisdiction.-Frazier v. Anderson, 2 F. (2d) 36.

92 (2) (U.S.C.C.A.Tex.) Probable cause, but not matters of defense, determined in proceedings by petitioners resisting removal to other jurisdictions.-Smith v. Gross, 2 F. (2d) 507.

Immunity from prosecution not considered as defense.-Id.

92(2) (U.S.C.C.A.W.Va.) Warrant issued after filing of petition may be considered.-Day v. Keim, 2 F. (2d) 966.

103 (U.S.C.C.A. W.Va.) Petition for writ by one held for interstate extradition should be retained until proceedings are lawfully concluded.-Day v. Keim, 2 F. (2d) 966.

113(12) (App.D.C.) Averments of petition taken as true on appeal from judgment sustaining motion to quash petition.-Prioleau v. Superintendent of Washington Asylum and Jail, 2 F. (2d) 317.

HARMLESS ERROR. See Appeal and Error, nal Law, 1163-1177.

1054-1068; Crimi

IV. TAXES, ASSESSMENTS, AND WORK ON HIGHWAYS.

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 acreage basis.-Road Improvement Dist. No. 1 of Franklin County, Ark., v. Missouri Pac. R. Co., 2 F. (2d) 340.

140 (U.S.C.C.A.Ark.) Road district benefit assessment must not be arbitrary and discriminatory.-Kansas City Southern Ry. Co. v. May, 2 F. (2d) 680.

Benefit assessment against railway right of way held discriminatory.-Id.

Benefit assessment on railroad right of way of $10,000 per mile held arbitrary and discriminatory.-Id.

142 (U.S.C.C.A.Ark.) Arkansas county court without authority to change assessments in absence of written objections and hearing.Kansas City Southern Ry. Co. v. May, 2 F. (2d) 680.

Railroad agreeing to reduced assessment held entitled to attack it for fraudulent reduction of other assessments increasing its proportion. -Id.

143 (U.S.C.C.A.Ark.) Arbitrary assessment involving protection of law cannot be validated by statute.-Road Improvement Dist. No. 1 of Franklin County, Ark., v. Missouri Pac. R. Co., 2 F.(2d) 340.

144 (U.S.C.C.A.Ark.) Where benefit assessment set aside, reassessment authorized.Kansas City Southern Ry. Co. v. May, 2 F. (2d) 680.

148 (U.S.C.C.A.Ark.) Remedy by appeal cannot be claimed adequate where commissioners fraudulently caused railroad to lose right of appeal from assessment. Kansas City Southern Ry. Co. v. May, 2 F.(2d) 680. Statutory remedy by motion held not so certainly applicable as to preclude resort to equity.-Id.

Road district commissioners not entitled to urge laches in action to enjoin assessments. -Id.

Road district bondholders not persons prej. udiced entitled to set up laches.-Id.

HOMESTEAD.

I. NATURE, ACQUISITION, AND EXTENT. (B) Persons Entitled.

18 (U.S.D.C.La.) Father of minor child is "head of a family," under law of Louisiana.In re Bordelon, 2 F. (2d) 164.

(C) Acquisition and Establishment.

31 (U.S.C.C.A.Tex.) Purchasers who remained in possession of other land, without preparation to appropriate purchased land as a homestead, did not acquire homestead.-Bry; son v. Provident Nat. Bank of Waco, Tex., 2 F. (2d) 831.

HOMICIDE.

VII. EVIDENCE.

(B) Admissibility in General.

171(3) (App.D.C.) Evidence as to homicides committed by defendant held admissible in prosecution for murder committed in effort to avoid arrest therefor.-Copeland v. U. S., 2 F. (2d) 637.

IV. FILING AND FORMAL REQUISITES OF INFORMATION OR COMPLAINT. need 52(1) (U.S.C.C.A.Tex.) Information not be verified, nor supported by affidavit, where its sole purpose is to state accusation.— Vollmer v. U. S., 2 F. (2d) 551.

V. REQUISITES AND SUFFICIENCY OF ACCUSATION.

79 (U.S.C.C.A.III.) Clerical error held not to invalidate indictment for using mails to defraud.-Moore v. U. S., 2 F. (2d) 839. 87(7) (U.S.C.C.A.W.Va.) Allegation time of overt acts fixes time of conspiracy charged.-Fisher v. U. S., 2 F. (2d) 843.

of

93 (U.S.C.C.A.Tex.) Counts of information alleging only what appeared from complaint, transcript and other evidence held insufficient, but count explicitly charging offense sufficient. Vollmer v. U. S., 2 F. (2d) 551.

108 (U.S.C.C.A.III.) Reference to wrong statute does not invalidate indictment.-Taylor v. U. S., 2-F. (2d) 444.

III(1) (U.S.C.C.A.Ala.) Indictment for unlawfully selling narcotics held sufficient.— Brown v. U. S., 2 F. (2d) 589.

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

Indictment 111(1) charging sale of narcotics need not negative exceptions named in act.-Daugherty v. Ü. S., 2 F.(2d) 691.

114 (U.S.D.C.N.Y.) To authorize punishment as second offender. prior conviction must be pleaded in indictment or information.-U. S. ex rel. Manchbach v. Moore, 2 F. (2d) 988.

Indictment or information for second offense should set out prior conviction and sentence. -Id. 121(5) (U.S.C.C.A.W.Va.) Indefiniteness cured by bill of particulars.-Fisher v. U. S., 2 F. (2d) 843.

125(52) (U.S.C.C.A.Ill.) Indictment may charge conspiracy to commit different offenses. -Taylor v. U. S., 2 F. (2d) 444.

127 (U.S.C.C.A.Minn.) Different sales to different persons on different days constitute separate offenses.-Daugherty v. U. S., 2 F. (2d) 691.

IX. ISSUES, PROOF, AND VARIANCE.

180 (U.S.C.C.A.Mass.) Difference in names given complaining witness held of no importance.-Mansolilli v. U. S., 2 F. (2d) 42.

XI. WAIVER OF DEFECTS AND OBJECTIONS, AND AIDER BY VERDICT. 196(3) (U.S.C.C.A.Ala.) Plea in abatement, alleging irregularities in finding indictment, filed three months after indictment returned, held too late.-Powe v. U. S., 2 F. (2d) 975.

196(4) (U.S.C.C.A.III.) Insufficiency of verification waived by going to trial without objection.-Schmidt v. U. S., 2 F.(2d) 367.

INFANTS.

II. CUSTODY AND PROTECTION. 20 (App.D.C.) Informations charging defendant with contributing to delinquency of minor held defective.-Frizzell v. U. S., 2 F. (2d) 398.

Defendant, charged with contributing to delinquency of child, must have contributed to

Defendant may be guilty of contributing to delinquency of child by acts committed before date of child's first conviction.-Id.

Statute making it a misdemeanor to contribute to delinquency of child not limited to persons standing in loco parentis to child.-Id.

(G) Personal Rights and Duties.

101 (2) (U.S.D.C.III.) Trade union and employees may be enjoined from conspiracy to obstruct interstate commerce by compelling discharge of nonunion employees.-Western Union Telegraph Co. v. International Brotherhood of Electrical Workers, Local Union No. 134, 2 F. (2d) 993.

Injunction lies to restrain boycott by trade union.-Id.

Lawful persuasion of employees to cease work is unlawful, when result of conspiracy to interrupt commerce.-Id.

Order restraining employees from conspiring to persuade other employees to cease work held not objectionable and not within Clayton Act. -Id.

held

entitled to preliminary injunction to restrain trespass on real estate.-Buckley v. Delaware Louisiana Fur Trapping Co., 2 F. (2d) 180.

136(2) (U.S.D.C.N.Y.) Issuance of common stock and its sale chiefly to preferred stockholders temporarily enjoined at suit of common stockholders.-Borg v. International Silver Co., 2 F. (2d) 910.

VII. VIOLATION AND PUNISHMENT.

223(1) (U.S.D.C.III.) Manufacturers held not in contempt for violation of injunction against infringement because of actions of dealer.-Tubular Heating & Ventilating Co. v. Mt. Vernon Furnace & Mfg. Co., 2 F.(2d) 982.

INSOLVENCY.

See Bankruptcy.

INSTRUCTIONS.

See Criminal Law, 7551⁄2-834; Trial, 194-295.

INSURANCE.

III. INSURANCE AGENTS AND BROKERS. (A) Agency for Insurer.

81 (U.S.C.C.A.N.J.) Agent procuring insurance on own property must disclose every material fact.-Westchester Fire Ins. Co. of New York City v. Fitzpatrick, 2 F. (2d) 651,

94 (U.S.C.C.A.Wash.) Insurer is bound by contract as made by agent and accepted.Schumacher v. North British & Mercantile Ins. Co., 2 F. (2d) 509.

V. THE CONTRACT IN GENERAL. (A) Nature, Requisites, and Validity. 124 (U.S.C.C.A.N.J.) Nature of "policy_of insurance" stated.-Westchester Fire Ins. Co. of New York City v. Fitzpatrick, 2 F. (2d) 651. 126 (U.S.C.C.A.Wash.) Incorporeal interest in property is insurable.-Schumacher v. North British & Mercantile Ins. Co., 2 F. (2d) 509.

131(1) (U.S.D.C.La.) Verbal contract to issue policy held binding.-Tatum v. Hartford Fire Ins. Co., 2 F. (2d) 275.

1402 (U.S.C.C.A.Wash.) Policy on hops under contract of sale not void as over insurance. Schumacher v. North British & Mercantile Ins. Co., 2 F. (2d) 509.

(B) Construction and Operation. 146(1) (U.S.C.C.A.N.J.) Policy to be inas other terpreted contracts. Westchester Fire Ins. Co. of New York City v. Fitzpatrick, 2 F.(2d) 651.

146(3) (U.S.C.C.A.Ark.) Fidelity bond cannot be changed by rules of construction.Maryland Casualty Co. of Baltimore, Md., v. Bank of England, 2 F. (2d) 793.

166 (U.S.C.C.A.N.J.) Policy held to shipments only to or from place named.-Shirley F. (2d) 362. Silk Co. v. Globe & Rutgers Fire Ins. Co., 2

IX. AVOIDANCE OF POLICY FOR MISREPRESENTATION, FRAUD, OR BREACH OF WARRANTY OR CONDITION. (B) Matters Relating to Property or Interest Insured.

282 (4) (U.S.D.C.La.) Builder's risk policy held not invalid because insured was not the unconditional owner of the property.--Tatum v. Hartford Fire Ins. Co., 2 F. (2d) 275.

X. FORFEITURE OF POLICY FOR BREACH OF PROMISSORY WARRANTY, COVENANT, OR CONDITION SUBSEQUENT. (B) Matters Relating to Property or Interest Insured.

332(2) (U.S.C.C.A.Ark.) Breach of condition for monthly comparison of employés' accounts held to prevent bank's recovery.-Maryland Casualty Co. of Baltimore, Md., v. Bank of England, 2 F. (2d) 793.

XI. ESTOPPEL, WAIVER, OR AGREEMENTS AFFECTING RIGHT то AVOID OR FORFEIT POLICY.

380 (U.S.C.C.A.N.J.) Agent owes insurer diligence and good faith.-Westchester Fire Ins. Co. of New York City v. Fitzpatrick, 2 F.(2d) 651.

392 (6) (U.S.C.C.A.Pa.) Acceptance of premium after loss held to estop insurer to deny seaworthiness of vessel when insured.-Klein v. Globe & Rutgers Fire Ins. Co. of New York City, 2 F. (2d) 137.

XII. RISKS AND CAUSES OF LOSS.
(A) Marine Insurance.

402 (U.S.D.C.III.) Underwriters held liable for damages to rudder and boiler of vessel.Chicago S. S. Lines v. U, S. Lloyds, 2 F. (2d) 767.

403 (U.S.C.C.A.Pa.) "Perils of the seas" insured against may vary with character of vessel.-Klein v. Globe & Rutgers Fire Ins. Co. of New York City, 2 F. (2d) 137.

Sinking of insured vessel held due to "perils of the sea."-Id.

416 (U.S.D.C.III.) Underwriters held not liable for damages from sinking of vessel due at least in part to owner's negligence.-Chicago S. S. Lines v. U. S. Lloyds, 2 F. (2d) 767.

XIII. EXTENT OF LOSS AND LIABILITY OF INSURER.

(A) Marine Insurance.

468 (U.S.C.C.A.Pa.) Actual total loss of vessel.-Klein v. Globe & Rutgers Fire Ins. Co. of New York City, 2 F. (2d) 137.

469 (U.S.C.C.A.Pa.) Policy may limit right

to abandon vessel as constructive total loss.Klein v. Globe & Rutgers Fire Ins. Co. of New York City, 2 F. (2d) 137.

470 (U.S.C.C.A.Pa.) Abandonment condition precedent to recovery for constructive_total loss.-Klein v. Globe & Rutgers Fire Ins. Co. of New York City, 2 F. (2d) 137.

To authorize abandonment, vessel must be actual or constructive total loss.-Id.

Duty of owner to determine cause and extent of loss.-Id.

470 (U.S.D.C.III.) Mere raising of vessel held not acceptance of abandonment to underwriters. Chicago S. S. Lines v. U. S. Lloyds, 2 F. (2d) 767.

Underwriters having raised vessel to minimize loss held not obliged to make repairs before tendering her back.-Id.

Acts of president of owner corporation held waiver of attempted abandonment of vessel to underwriters.-Id.

It is duty of insured owner of vessel, on its sinking, to make adequate investigation of cause and cost of raising and repairing before abandonment to underwriters.-Id.

Whether loss is in an amount warranting abandonment of vessel to underwriters not peculiarly question of fact; "high probability" rule being applicable.-Id.

471 (U.S.C.C.A.Pa.) Marine policy covers losses from latent injuries.-Klein v. Globe & Rutgers Fire Ins. Co. of New York City, 2 F. (2d) 137.

(B) Insurance of Property and Titles.

507 (U.S.C.C.A.Wash.) Policy on hops under contract of sale held to cover interest of

North

insured in contract.-Schumacher v. British & Mercantile Ins. Co., 2 F. (2d) 509. XIV. NOTICE AND PROOF OF LOSS. 552 (U.S.C.C.A.Ga.) Incorrect statements in proof of loss, if honestly made, did not make policy void.-Camden Fire Ins. Ass'n v. Penick, 2 F. (2d) 964.

XVIII. ACTIONS ON POLICIES.

646(6) (U.S.C.C.A.Pa.) That sinking of vessel, though seaworthy, was caused by sea perils, not presumed.-Klein v. Globe & Rutgers Fire Ins. Co. of New York City, 2 F. (2d) 137. ~~~646(7) (U.S.C.C.A.Ga.) Presumption against suicide rebuttable.-New York Life Ins. Co. v. Bradshaw, 2 F. (2d) 457.

662(1) (U.S.C.C.A.Ga.) Statement to insured by agent, who made out his proof of loss, held properly admitted on issue of insured's good faith.-Camden Fire Ins. Ass'n v. Penick, 2 F. (2d) 964.

665(3) (U.S.C.C.A.Pa.) Vessel held seaworthy at commencement of voyage.-Klein v. Globe & Rutgers Fire Ins. Co. of New York City, 2 F. (2d) 137.

665 (4) (U.S.C.C.A.Ga.) Evidence held to warrant finding insured suffered loss of number of bales of cotton claimed.-Camden Fire Ins. Ass'n v. Penick, 2 F. (2d) 964.

665 (4) (U. S. C. C. A. Pa.) Sunken vessel held not constructive total loss.-Klein v. Globe & Rutgers Fire Ins. Co. of New York City, 2 F. (2d) 137.

665 (4) (U.S.D.C.III.) Evidence held insufficient to warrant owner of sunken vessel in abandoning her to underwriters.-Chicago S. S. Lines v. U. S. Lloyds, 2 F.(2d) 767.

665(6) (U.S.C.C.A.Ga.) Evidence held to show suicide by insured.-New York Life Ins. Co. v. Bradshaw. 2 F. (2d) 457.

668 (5) (U.S.C.C.A.N.J.) Whether defendants concealed, misrepresented, or made false oath, as to material matter relating to policy held for jury.-Westchester Fire Ins. Co. of New York City v. Fitzpatrick, 2 F. (2d) 651. Contract of sale reserving title in vendor not change of "interest."-Id.

668 (9) (U.S.C.C.A.N.J.) Whether building inspector's condemnation was result of connivance with insured held jury question.-Westchester Fire Ins. Co. of New York City v. Fitzpatrick, 2 F. (2d) 651.

Evidence of

668(10) (U.S.C.C.A.Wash.) fire loss held to preclude directed verdict for insurer.-Phoenix Ins. Co. v. Bakovic, 2 F. (2d)

857.

668 (13) (U.S.C.C.A.Ga.) Under policy, evidence consistent only with insured's suicide required instruction that beneficiary was entitled to recover premiums paid only.-New York Life Ins. Co. v. Bradshaw, 2 F. (2d) 457.

668(14) (U.S.C.C.A.Ga.) Whether incorrect statements in proof of loss fraudulent held jury question.-Camden Fire Ins. Ass'n v. Penick, 2 F. (2d) 964.

668 (14) (U.S.C.C.A.N.J.) Whether insured's refusal to subscribe examination as required by policy was justified held for the jury.Westchester Fire Ins. Co. of New York City v. Fitzpatrick, 2 F. (2d) 651.

Whether excessive loss claimed violated condition against fraud or false swearing held for jury.-Id.

669(4) (U.S.C.C.A.N.J.) Refusal of instruction as to misrepresentation and concealment held error.-Westchester Fire Ins. Co. of New York City v. Fitzpatrick, 2 F. (2d) 651.

Refusal to instruct in regard to increase of hazard by condemnation of building and instruction to tenants to vacate held error.-Id.

INTERNAL REVENUE.

C2 (U.S.D.C.Conn.) Laws expressly or impliedly repealed by Prohibition Act revived by