if defendant would indorse it, which he did. Held, that the plaintiff on finding that the check was a forgery might recover back from the defend- ant the money paid on it. First National Bank v. Ricker (Ill.), 104. & Bank check- effect of.] Where a depositor draws his check on his banker, who has funds to an equal or greater sum than his check, it operates to transfer the sum named to the payee, who may sue for and recover the amount from the bank, and a transfer of the check carries with it the title to the amount named in the check to each successive holder. Union National Bank v. Oceana County Bank (Ill.), 185, and note, 186.
1 Jurisdiction of State court.] On a petition to the District Court of the United States by partners to have the partnership adjudged bankrupt, per- sonal service was made without the district on a partner refusing to join in the petition. Held, insufficient and that a State court would hold an ad- judication of bankruptcy on such service void as to such partner. Isett v. Stuart (Ill.), 194.
8. Will not be enforced in State court-sale valid under State law but void in bankruptcy.] A State court will not annul a sale valid under the State law because it was designed to give a preference to a creditor, prohibited by the bankrupt act. Bromley v. Goodrich (Wis.), 685.
8. Damages.] A, being indebted to plaintiff, conveyed to him property by a sale valid under the State law. The property was afterward seized by the sheriff under an attachment as the property of A in a suit by other credit- ors. A was declared a bankrupt, and the property was taken from the sheriff's possession under a warrant from the bankrupt court and sold by the assignee in bankruptcy, without any adjudication that the sale to B was void. Held, that the plaintiff was entitled to recover the full value of the property from the sheriff and attaching creditors. Ib.
▲ Homestead attachment of exempt property.] An attachment was levied on land of a debtor which afterward became his homestead; afterward, and within four months of the attachment, the debtor was adjudged a bankrupt. Held, that the homestead did not pass to the assignee in bankruptcy, and that the bankruptcy did not dissolve the attachment. Robinson v. Wilson (Kan.), 272.
5. Title of assignee.] An assignee in bankruptcy, in the absence of fraud, takes no title to land of the bankrupt as against a grantee of the bank- rupt by deed made before bankruptcy, although the deed is not recorded, and the receiver had no notice of it. Goss v. Coffin (Me.), 585. Agreement not to bid at assignee's sale void.] See CONTRACT, 6.
See ASSESSMENT FOR LOCAL IMPROVEMENTS; CONSTITUTIONAL LAW, 321.
BENEVOLENT SOCIETY.
See POWER, 52.
Void second marriage.] It is no defense to an indictment for bigamy that the second marriage was between persons forbidden by statute to intermarry -as between a negro and a white woman. People v. Brown (Mich.), 531.
See NEGOTIABLE INSTRUMENTS.
Fraudulent issue of, by agent.] See CARRIER, 26, 603.
Right of city to tax its own bonds.] See MUNICIPAL CORPORATION, 14 Municipai — defective execution.] See MUNICIPAL Bonds, 141.
Over-issue.] See MUNICIPAL BONDS, 215.
Void municipal-action to restrain tax for—who may bring.] See TAXA- TION, 264.
Of contributory negligence.] See NEGLIGENCE, 714.
Breaking out.] Defendant entered a house without breaking for the purpose of committing a felony, but broke out in making his escape. Held, not burglary at common law, and that the statute of Anne making it burglary was not in force in Pennsylvania. Rolland v. Commonwealth (Penn.), 758.
BURIAL GROUNDS.
866 CEMETERY; CONSTITUTIONAL LAW, 71.
Of national bank — increase of.] See NATIONAl Bank, 1.
1. Bill of lading — fraudulent issue of, by agent.]
of a railroad company, having authority to sign bills of lading, fraudu- lently signed and issued a bill of lading for goods never received for transportation, and the consignee therein made advances on the faith of such bill. Held, that the railroad company was not liable therefor. Bal- timore and Ohio R. R. Co. v. Wilkens (Md.), 26.
2. False bill of lading liability of carrier to one making advances on.] Defendants' agent, having authority to issue bills of lading, upon delivery to him by M. of a forged warehouse receipt, gave M. bills of
lading for the goods mentioned in the receipt, knowing that he intended to raise money on the bills, and plaintiff advanced money to M. upon the security of the billɛ. Held, that the defendants were bound by their agent's acts and estopped from denying the receipt of the goods. Armour v. Michigan Central R. R. Co. (N. Y.), 603.
Damages in action against, for failure to transport goods.] See DAMAGES, 544.
1. Restricting right of burial.] After one has purchased a lot in a cemetery, the managers thereof have no power to abridge his right of sepulture by any unreasonable limitations thereon. Mount Moriah Cemetery Associa- ation v. Commonwealth (Penn.), 743.
.] A by-law of a cemetery association prohibiting the burial of negroes therein is void as to persons who were lot-owners when the by-law was passed. Ib.
8. Mandamus.] The managers of a cemetery may be compelled by man- damus to permit the burial of persons entitled to sepulture therein. Ib. Restrictions on.] See CONSTITUTIONAL LAW, 71.
CERTIFICATE OF ACKNOWLEDGMENT.
Buficiency of-blanks in.] See DEED, 128.
CHARACTER.
See SLANDER, 239.
CHARITABLE SOCIETY.
See POWER, 52.
Of property not yet acquired.] See MORTGAGE, 644, and note.
Effect of.] See BANKS AND BAnking, 185.
See MUNICIPAL CORPORATIONS.
COMMON CARRIER.
See CARRIER.
COMPOUNDING FELONY.
See NEGOTIABLE INSTRUMENTS, 117, and note, 181.
Usury.] A promissory note bearing lawful interest was made in New Brunswick and secured by mortgage on lands in Maine. After the note was due illegal interest was exacted for forbearance of payment. By the law of New Brunswick usurious contracts were void and the lender forfeited both
principal and interest, but in Maine, the rate of interest was not limited In an action to foreclose the mortgage, held, that the mortgagor could not avoid the mortgage as it was valid in its inception; that the statute im- posing a forfeiture of the principal and interest was in the nature of a penalty and of no effect outside of New Brunswick, and that the extra in- terest paid was not a get-off. Lindsay v. Hill (Mo.), 564.
State statute restricting sales of patent rights void.] See PATENTS, 63. Devise to foreign corporation.] See FOREIGN CORPORATION, 133.
Validity of marriages forbidden within the State, bat valid where made.] See MARRIAGE, 678, 683.
Of negotiable instrument— indorser cannot impeach.] See NEGOTIABLE INSTRU- MENTS, 91, and note, 93.
Agreement to discontinue criminal prosecution.] See NEGOTIABLE INSTRU- MENTS, 117, and note, 121.
1. Sufficiency of indictment.] An indictment charging a conspiracy to do a law- ful act by criminal means must particularly set forth the means; but where the charge is a conspiracy to do an act in itself unlawful, either at com- mon law or by statute, as to obtain money by false pretenses, and by privy tokens and devices, the means need not be specifically stated. State v. Crowley (Wis.), 719.
2. What constitutes criminal conspiracy — must be against an innocent person.] A conspiracy between two persons to defraud a third, in an unlawful enterprise in which they are all joined, is not criminal, because conspiracy is not criminal unless against an innocent person. Thus, where A and B conspired to defraud C, by falsely pretending that parcels sold by them to him contained counterfeit money, when, in fact, they contained saw. dust. Held, that A and B could not be convicted of a conspiracy to obtain money of C by false pretenses. Ib.
1. Police power, limitation of — burial places.] The charter of a cemetery com- pany authorized it to acquire and use land not exceeding five hundred acres for burial purposes. After it had acquired the land and spent money in preparing and adorning the same, a statute was passed forbidding the company to use any of its lands for burial purposes outside o^ 't- then in- closure, which was less than five hundred acres. Held, that as it did not appear that any nuisance existed or was liable to arise, the statute was not a valid exercise of the "police power," and was unconstitutional. Town of Lake View v. Rose Hill Cemetery Co. (Ill.), 71.
2. Parent and child — commitment of pauper children to industrial schools.] A statute enacted that children under a certain age, who were inmates of poor-houses, or who were abandoned by their parents, or who were without
means of subsistence, should be committed to industrial schools during minority Held, not unconstitutional as authorizing imprisonment without due process of law. Milwaukee Industrial School v. Supervisor of Mil waukee County (Wis.), 702.
.] Semble, that the parent or guardian of a child so committed would not be precluded by the commitment from asserting right to the custody or care of the child on proof that the cause of commitment no longer ex- isted. Ib.
4. Impairing obligation of contracts.] The power vested in the general assem- bly under the Constitution of Ohio, to restrict the powers of taxa- tion and assessment by municipal corporations, is subject to the lim- itations imposed by article 1, section 10, of the Constitution of the United States, which declares that "no State shall pass any law impairing the obligation of contracts," and of article 2, section 28, of the Constitution of Ohio, which declares that the general assembly shall pass no retroactive law or laws impairing the obligations of contracts. Goodale v. Fennell (Ohio), 321.
5. Municipal corporations
betterments — taxation for.] Where a statute au- thorized a municipal corporation to improve its streets, and make assess- ments on abutting lots to pay the cost thereof, and it has, after taking the necessary steps required by law and the ordinances governing in such cases, made a contract with an individual to do the work for a stipulated price, and binding itself to pay such price in assessments under such stat- ute, which the contractor agrees to accept in full payment, the obligation of the corporation to pay in the manner stipulated cannot be impaired by a subsequent amendment of such statute, which takes away the power to make an assessment equal to the amount agreed to be paid. Ib.
-.] A subsequent statute which repeals or restricts the power of assess- ment so previously given, is, in so far as it affects the obligations of con- tracts existing at the time, a statute impairing the obligation of such contract. Ib.
-.] Unless adequate provision is made to enable the corporation to per- form its existing contract obligations, such subsequent statute will be construed as prospective in its operations, and not applicable to such con- tracts; and it will be the duty of the corporation to be governed by the statute in force when the contract was made. Ib.
8. Impairing obligation of contract.] A State statute provided that whenever any savings bank should be found to be insolvent, the account of each depos- itor should be reduced so as to divide the losses equitably amongst the de- positors. Held, that the act was not unconstitutional, either as impairing the obligation of contracts, or as being contrary to the bankrupt law, or as being retrospective in its operations. Simpson v. City Savings Bank (N. H.), 491.
-.] A legislature may vary the nature and extent of the remedy for en- forcing contracts so always that some substantial remedy be in fact left. Ib.
10. Retrospective law.] A law which retroacts upon a past transaction but affects the remedy only and does not affect it injuriously, oppressively, or
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