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1,384,035. Cooking utensil, claims 1, 2, and

PLEDGES.
3, held void (C. C. A. Ill.) 3
F.(20) 801.

24 (U.S.D.C.N.Y.) Security of pledgee not 1,425,956. Hair-waving device, claims . 9 and

forfeited by statute making broker criminally 10, held invalid (C. C. A. N. Y.)

liable for pledging customer's property.-Fisher 3 F.(20) 543.

v. Clark, 3 F.(2) 621. 1,436,365. Unitary window sign, held invalid

25 (U.S.D.C.N.Y.) Agreement on condition (C. C. A. Ill.) 3 F (20) 144.

of guaranty, not delivered, not binding.-Fisb1,445,754. Road contractor, held not antici

er v. Clark, 3 F.(20) 621.
pated, valid and infringed (D. C.

POISONS.
Cal.) 3 F.(20) 640.

mw 4 (U.S.C.C.A.Ariz.) Issuing prescription REISSUED.

by registered physician for narcotic drugs Dot

offense.-Aiton v. U. S., 3 F.(20) 992. 15,433. Auxiliary windshield attachment for m9 (U.S.C.C.A.Cal.) Indictment for unlay.

automobiles, claims 7 and 8, held ful purchase and disposition of opium held sufnot infringed (C. C. A. Cal.) 3 ficient.-Wong Lung Sing v. U. S., 3 F.(20) F.(2d) 996.

780. 15,637. Vacuum heating system, held valid but not infringed (D. C. Mass.) 3 narcotics need not allege accused belonged to

Indictment for purchase and disposition of F.(20) 686.

class required to register and pay special tar.

es.-Id. PAYMENT.

Possession of narcotics permits inference of See Subrogation.

unlawful possession.-Id.

Evidence of unlawful possession of opium I. REQUISITES AND SUFFICIENCY.

held sufficient.-Id.

m (U.S.C.C.A.Mo.) Possession by wife lircm3 (U.S.D.C.Ga.) State law permitting banks ing separate from husband creates no preto pay checks in exchange held unconstitutional. sumption of husband's guilt.-Grantello F. U. --Capital Grain & Feed Co. v. Federal Reserve S., 3 F.(20) 117. Bank of Atlanta, 3 F.(20) 614.

Evidence of wife's possession held insufficient Om 12(5) (U.S.C.C.A.Tex.) Recovery on cause to sustain conviction of husband living apart of action accruing in foreign country is from her.-Id. amount equivalent to value of claim in foreignem (U.S.C.C.A.Tenn.) Indictment charging money when and where claim accrued.-Wichi- registered physician sold narcotics in violation ta Mill & Elevator Co. v. Naamlooze Van- of Harrison Act held defective.-Mitchell v. C. nootschap-Grebrs Van Den Bergh's Industrie S., 3 F.(20) 514. en Handelmaatschappy, 3 F.(20) 931.

Indictment charging sale of narcotics by phy,

sician held sufficient, without showing filling of V. RECOVERY OF PAYMENTS. prescription.-Id. Om85(3) (U.S.D.C.Tex.) Payment for goods

POST OFFICE. held not recoverable on ground of mistake. Texarkana Casket Co. v. Binswanger & Co. of

III. OFFENSES AGAINST POSTAL LAWS. Tennessee, 3 F.(20) 611.

@mw 49 (U.S.C.C.A.N.Y.) In prosecuting of pub

lisher of paper, jury could properly find he was PLEADING.

chargeable with notice that it contained non

mailable matter.-Tresca v. U. S., 3 F.(20) 556. For pleadings in particular actions or proceedings, see also the various specific topics.

POWERS.
For review of rulings relating to pleadings, see
Appeal and Error.

II. CONSTRUCTION AND EXECUTIOX.

On 33(1) (U.S.C.C.A.Miss.). Instrument Dot I. FORM AND ALLEGATIONS IN GENERAL. given effect as exercise of power, unless it Om 6 (U.S.D.C.Ga.) Judicial notice will not be

contains evidence of intent to have that effect.

--Harrison v. Lee, 3 F.(20) 796. taken of regulations of Federal Reserve Board. -Capital Grain & Feed Co. v. Federal Reserve 33(2) (U.S.C.C.A.Miss.) Power held

not Bank of Atlanta, 3 F.(20) 614.

exercised by will.--Harrison v. Lee, 3 F.(20) em 34(6) (U.S.D.C.Or.) Complaint entitled to 796. liberal construction on demurrer to evidence.

PRACTICE. -State of Oregon v. Security Const. Co., 3 For practice in particular actions and proF.(20) 274.

ceedings, see the various specific topics. III. PLEA OR ANSWER, CROSS-COM

PRESCRIPTION.
PLAINT, AND AFFIDAVIT OF
DEFENSE.

See Limitation of Actions.
(A) Defenses in General.

PRINCIPAL AND AGENT. 96 (U.S.D.C.Fla.) Plea should state facts under oath, showing defenses relied on, and not

See Attorney and Client; Brokers. mere denials of plaintiff's pleading.–Fosgate v.

I. THE RELATION. Nocatee Fruit Co., 3 F.(20) 606.

(A) Creation and Existence. VII. SIGNATURE AND VERIFICATION. ml (U.S.D.C.S.C.) Essential elements Cam 301(1) (U.S.D.C.S.C.) “Verification"

"agency."-S. B. McMaster, Inc., v. Chevrolet

Motor Co., 3 F.(20) 469. der modern statutes requires oath.-S. B. McMaster, Inc., v. Chevrolet Motor Co., 3 F.(20) II. MUTUAL RIGHTS, DUTIES, AND LIA469.

BILITIES.

(A) Execution of Agency. VIII. PROFERT, OYER, AND EXHIBITS.

78(6) (U.S.C.C.A.Md.) Evidence held sum. 312 (U.S.D.C.N.Y.) Instruments set out in cient to sustain finding that fire insurance busi. answer construed on their terms, and interpre. ness secured by defendant was included within tation placed thereon by defendant disregard- agency contract.-Gildea v. Curtin, 3 F.(20) ed.-Jones v. Peacock, 3 F.(20) 827.

800.

un

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
III. RIGHTS AND LIABILITIES AS TO

QUIETING TITLE.
THIRD PERSONS.

I. RIGHT OF ACTION AND DEFENSES. (A) Powers of Agent.

10(2) (U.S.C.C.A.Tex.) Under law Om 104(2) (U.S.C.C.A.Ark.) Implied authority Texas, vendors, retaining vendor's lien, held

of of agent to give warranty:-Hercules Powder not deprived of right to sue to remove clouds Co. v. Rich, 3 F.(20) 12.

from title.-Smith y. Brown, 3 F.(20) 926. (D) Ratification.

RAILROADS. Om 174 (U.S.C.C.A.Mass.) Evidence of failure

See Street Railroads. to repudiate acts of agent promptly held to war. rant finding of ratification.- Lynn Storage Ware.

1. CONTROL AND REGULATION IN house Co. v. Senator, 3 F.(20) 558.

GENERAL.

51/2 [New, vol. 6A Key-No. Series] PRINCIPAL AND SURETY.

(U.S.C.C.A.Va.) Company not liable on See Guaranty.

contracts for services performed during federal

control.-Martin v. Richmond, F. & P. Ř. Co., 3 I. CREATION AND EXISTENCE OF RE- F.(20) 26. LATION.

Director General not liable for railroad's con

tracts for services unless adopted.-Id. (A) Between Individuals.

Director General entitled to reasonable time 41 (U.S.C.C.A.W.Va.) Not necessarily im

to reject or adopt railroad's contracts.-Id. proper or fraud surety for buyer to act as

Director General, receiving coal after repuseller's agent in getting out cross-ties.--Fidel

diating railroad's contract to pay for services in ity & Casualty Co. of New York v. Glenn, 3 purchasing coal, held liable in quantum meruit. F.(20) 913.

-Id. Om42 (U.S.C.C.A.W.Va.) Instruction relating to buyer's right to recover from surety, VIII. INDEBTEDNESS, SECURITIES, LIENS,

AND MORTGAGES. notwithstanding concealment of facts, held not error.-Fidelity & Casualty Co. of New York (B) Foreclosure of Liens and Mortgages. v. Glenn, 3 F.(20) 913.

Om 197 (U.S.C.C.A.Cal.) Bondholders, presentInstruction relating to buyer's right to re

ing bonds prior to certain date, not entitled to cover from surety, notwithstanding conceal- share in interest on fund which has accrued ment of facts, held not'error.-Id.

subsequent thereto.-Drascovich v. Equitable

Trust Co. of New York, 3 F.(20) 724.
IV. REMEDIES OF CREDITORS,

w 197 (U.S.C.C.A.Cal.) Counsel of trustee cm 160 (U.S.C.C.A.W.Va.) Testimony relat. foreclosing mortgage held not entitled to addiing to advances on contract and as to loss of tional compensation out of accrued interest on profits from breach held admissible against fund beld for bondholders.-Equitable Trust Co. surety on penal bond.--Fidelity & Casualty Co. of New York v. Drascovich, 3 F.(20) 728. of New York v. Glenn, 3 F.(20) 913.

X. OPERATION.
PRIVILEGE.

(F) Accidents at Crossings. See Constitutional Law, Omw205.

Om 307 (4) (U.S.C.C.A.Porto Rico) Company held required by statute to maintain gates at

crossings; "insular roads."-American R. Co. PROHIBITION.

of Porto Rico v. Lopez, 3 F.(20) 876. See Intoxicating Liquors.

307 (6) (U.S.C.C.A.Porto Rico). Company

providing safeguards at crossing is under duty PUBLIC LANDS.

to operate same.--American R. Co. of Porto

Rico v. Ortega, 3 F.(20) 358. See Mines and Minerals, 5–43.

C308 (U.S.C.C.A.Porto Rico) Violation of

statute not negligence per se, but evidence of II. SURVEY AND DISPOSAL OF LANDS OF

negligence.-American R. Co. of Porto Rico v. UNITED STATES.

Lopez, 3 F.(20) 876. (I) Proceedings in Land Office.

Omw 309 (U.S.C.C.A.Porto Rico) Measure of

care in running special train at crossing stated. Om 106(1) (U.S.C.C.A.Ark.). Executive de

-American R. Co. of Porto Rico v. Lopez, 3 partment without jurisdiction over patented F.(20) 876. lands.-U. S. v. Rhodes, 3 F.(20) 771.

328 (8) (U.S.C.C.A.Pa.) Failure of

occuV, SPANISH, MEXICAN, FRENCH, AND

pants of automobile to turn on full lights on RUSSIAN GRANTS,

approaching crossing held contributory negli

gence.-Phillips v. Davis, 3 F.(20) 798. 211 (U.S.D.C.Fla.) Title to Florida land held derived from Spanish government, though

REAL ACTIONS. grant subsequently confirmed by United States. -Commodores Point Terminal Co. v. Hudnall, See Quieting Title; Trespass to Try Title. 3 F.(20) 841.

RECEIVERS. PUBLIC SERVICE COMMISSIONS.

1. NATURE AND GROUNDS OF RECEIVER. 67 (U.S.D.C.Md.) Denying opportunity of

SHIP. adding to value of public utility property out

(B) Grounds of Appointment of Receiver. of rates not confiscation.-Chesapeake & Potomac Telephone Co. of Baltimore City v.

On 19 (U.S.C.C.A.Tex.) Grounds for appointWhitman, 3 F.(20) 938.

ment of receivers for foreign corporation.23 (U.S.D.C.Md.) Findings of Public Sery. Kynerd v. McCarthy, 3 F.(20) 32. ice Commission presumptively correct.-Chesa

II. APPOINTMENT, QUALIFICATION, AND peake & Potomac Telephone Co. of Baltimore

TENURE. City v. Whitman, 3 F.(20) 938.

31 (U.S.C.C.A.Idaho) Assent to appointPUBLIC SERVICE CORPORATIONS.

ment by corporation defendant subjects it to

the exercise of all the equity powers of the See Carriers; Gas; Railroads; Street Rail- court.-Beet Growers Sugar Co. v. Columbia roads; Telegraphs and Telephones.

Trust Co., 3 F.(20) 755.

III. TITLE TO AND POSSESSION OF

II. PROCEEDINGS AND RELIEF. PROPERTY.

43 (U.S.D.C.N.Y.) Where one set of at71 (U.S.D.C.Pa.) Right of tenant's receive torneys represents all parties, less evidence er to possession no greater than tenant's.--Vin required to cast on adverse party burden of cent v. National Drug Stores, 3 F.(20) 504. explanation.-Hazeltine Research Corporation Ow77(1) (U.S.D.C.Pa.) Landlord held not to V. Freed-Eisemann Radio Corporation, 3 F. have a lien on property in the hands of a re (20) 172. ceiver.-Williamsburg Wood Heel Co. y. Zeig Om45(2) (U.S.D.C.N.Y.) Evidence held to ler Bros. Co., 3 F.(20) 83.

show all parties understood license agreement

contemplated royalty on selling price of set, IV. MANAGEMENT AND DISPOSITION OF and not on part thereof.-Hazeltine Research PROPERTY.

Corporation v. Freed-Eisemann Radio Corpo(A) Administration in General,

ration, 3 F.(20) 172. 91 (U.S.D.C.Pa.) Creditor, accepting pay

RELEASE. ment made by receiver under order of court, is bound thereby.--Williamsburg Wood Heel Co. v.

II. CONSTRUCTION AND OPERATION. Ziegler Bros. Co., 3 F.(20) 83.

27 (U.S.C.C.A.Mass.) Release of Costa (D) Sale and Conveyance or Redelivery

Rican government from liability for injuries to of• Property,

passenger shot by troops held not to release em 135 (U.S.C.C.A.Idaho) Sale by general fed

railroad.-Page v. United Fruit Co., 3 F.(20)

747. eral receiver held not subject to redemption under state statute.--Beet Growers Sugar Co. v.

REMOVAL OF CAUSES. Columbia Trust Co., 3 F.(20) 755.

1. POWER TO REMOVE AND RIGHT OF Company ordered to desist from combining

REMOVAL IN GENERAL, to maintain monopolies held not disqualified to

m3 (U.S.D.C.N.Y.) Action at law for injury purchase property at receiver's sale.--Id.

to seaman. under Merchant Marine Act, held

not removable.-Atianza v. U. S. Shipping V. ALLOWANCE AND PAYMENT OF

Board Emergency Fleet Corporation, 3 F.(20) CLAIMS.

845. 163 (U.S.C.C.A.Porto Rico) Receiver held liable for value of personalty on which claim

II. ORIGIN, NATURE, AND SUBJECT OF

CONTROVERSY. ant held a lien at the time the receiver took possession.-Koppel Industrial Car & Equip em21 (U.S.D.C.N.Y.) Prohibition officers and ment Co. v. Lee, 3 F.(20) 886.

agents not "revenue officers," within Judicial

Code; "revenue act."-Wolkin v. Gibney, 3 VI. ACTIONS,

F.(20) 960.

em 25(1) (U.S.D.C.Wash.) Allegation in comem 174(4) (U.S.C.C.A.Tenn.) Federal District

plaint to defeat removal, not supported in fact, Court, in receivership proceedings, has juris

is fraud.-Connolly v. Chicago, M. & St. P. Ry. diction to determine all liens, and may properly refuse leave to sue in state court for

Co., 3 F.(20) 818. state taxes.-Fidelity Trust Co. V. Tennessee III. CITIZENSHIP OR ALIENAGE OF Charcoal Iron Co., 3 F.(20) 857.

PARTIES. Leave to sue federal receivers properly de- (A) Diverse Citizenship or Alienage in nied to state revenue agent, where under the

General. state law such agent could not maintain suit.

Can36 (U.S.D.C.Wyo.) Fraudulent joinder -Id. Cam 178 (U.S.C.C.A.Tenn.) Application of

cause for removal.-Kraus v. Chicago, B. & Q.

R. Co., 3 F.(20) 277. Tennessee revenue agent to intervene in fed

Pecuniary irresponsibility of resident defenderal receivership proceedings properly denied,

ant, or motive of plaintiff in making him party, where no averment of direction by state comp

cannot be considered.-Id. troller.-Fidelity Trust Co. y. Tennessee Charcoal Iron Co., 3 F.(20) 857.

VI. PROCEEDINGS TO PROCURE AND EF. Om 179 (U.S.D.C.N.Y.) Filing of answer by

FECT OF REMOVAL. defendant at direction of its receivers held act 86(9) (U.S.D.C.S.C.) Verification of peti. of receivers, which they have power to adopt. tion held sufficient.-S. B. McMaster, Inc., v. American Engineering Co. v. Metropolitan By- Chevrolet Motor Co., 3 F.(20) 469. Products Co., 3 F.(20) 451.

Verification of petition may be made by at

torney.-Id. VIII. FOREIGN AND ANCILLARY RECEIVERSHIPS.

VII. REMAND OR DISMISSAL OF CAUSE. 206 (U.S.C.C.A.Tex.) Court has jurisdic- m 103 (U.S.D.C.S.C.) Insufficient verification tion to appoint receivers for a foreign corpora- of petition may be amended.-S. B. McMaster, tion at instance of lien creditor.-Kynerd v. Mc- Inc., v. Chevrolet Motor Co., 3 F.(20) 469. Carthy, 3 F.(20) 32.

Om 107(4) (U.S.D.C.Wyo.) Questions of fact

determinable by federal courts.-Kraus v. ChiRECORDS.

cago, B. & Q. R. Co., 3 F.(2d) 277.

on 107(5) (U.S.D.C.Wash.) Allegations of peSee Appeal and Error, Om674–713; Criminal tition admitted by motion to remand without Law, Ow1086.

denial.-Connolly V. Chicago, M. & St. P. Ry.

Co., 3 F.(20) 818. REFORMATION OF INSTRUMENTS. Motion to remand raises any objection to ju1. RIGHT OF ACTION AND DEFENSES.

risdiction appearing from record.-Id.

Cm 107 (5) U.S.D.C.Wyo.) Verified petition for Cool (U.S.D.C.N.Y.) Equity court cannot removal, alleging fraudulent joinder. held to make new contract for parties.-Hazeltine Re- warrant refusal to remand, where no issue joinsearch Corporation v. Freed-Eisemann Radio ed on question of fraudulent joinder.-Kraus Corporation, 3 F.(20) 172.

v. Chicago, B. & Q. R. Co., 3 F.(20) 277. 16 (U.S.D.C.N.Y.) Court must find that, through fraud or mistake, instrument does not

VIII. PROCEEDINGS IN CAUSE AFTER

REMOVAL. express understanding of parties.-Hazeltine Research Corporation v. Freed-Eisemann Ill (U.S.D.C.Wash.) Jurisdiction of fedRadio Corporation, 3 F.(20) 172.

eral court, properly averred, continues until

611.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER contrary is legally shown.-Sutton v. Pacific S. . (C) Rescission by Buyer. S. Co., 3 F.(28) 12.

em 134 (U.S.C.C.A.Tex.) Consignee of flour, 11 (U..D.C.Wash.) Jurisdiction of feder; accepting shipment pending arbitration, held al court, properly shown by the pleadings, held

entitled on favorable finding by arbitrators to not defeated by facts incidentally shown by the

sell and apply proceeds on demand against testimony.-Sutton y. Pacific S. Š. Co., 3 F.(20)

shipper.-Wichita Mill & Elevator Co. v. 72.

Naamlooze Vannootschap-Grebrs Van Den Chall to jurisdiction held ineffectual.-10. Bergh's Industrie en Handelmaatschappy, 3

F.(20) 931.
RESIDENCE.
See Domicile.

IV. PERFORMANCE OF CONTRACT.
REVENUE.

(C) Delivery and Acceptance of Goods. See Taxation.

Om 168(2) (U.S.C.C.A.Ky.) Buyer held bound REVIEW.

to inspect and receive partial deliveries.-Blei

v. Asher, 3 F.(20) 210. See Appeal and Error; Certiorari.

Om 176(4) (U.S.C.C.A.N.Y.) Buyer offered op

portunity of inspection cannot show that inROADS.

spection was impracticable, where he did not exSee Highways.

act a warranty of quality and fitness.-Cudahy

Packing Co. v. Narzisenfeld, 3 F.(20) 567.
RULES OF COURT.

mi81 (13) (U.S.C.C.A.Ky.) Evidence held to

show failure to inspect promptly.-Blei v. AshSee Court Rules Cited.

er, 3 F.(20) 210. SALES.

VI. WARRANTIES. See Vendor and Purchaser.

Ouw 261(6) (U.S.C.C.A.Ark.) Statement of fact

by seller respecting quality of goods sold con1. REQUISITES AND VALIDITY OF CON stitutes "warranty.”-Hercules Powder Co. v. TRACT.

Rich, 3 F.(2d) 12. On 22 (3) (U.S.D.C.Tex.) Orders for goods are

Cm 270 (U.S.C.C.A.N.Y.) Buyer who examined pot in execution of void contract, unless so un

eggs held not entitled to rely on any implied derstood by both parties.--Texarkana Casket

warranty as to quality or fitness.-Cudahy PackCo. v. Binswanger & Co. of Tennessee, 3 F.(20)

ing Co. v. Narzisenfeld, 3 F. (20) 567.

271 (U.S.C.C.A.N.Y.) In sale by sample m22 (4) (U.S.C.C.A.N.Y.) New stipulation as

seller selects sample and necessarily warrants to quality invalidates acceptance.-Columbia

that quality of merchandise conforms to same.Malting Co. v. Clausen-Flanagan Corporation,

Cudahy Packing Co. v. Narzisenfeld, 3 F.(20) 3 F.(28) 547.

567. Buyer's acceptance of offer after qualifying

em 273(3) (U.S.C.C.A.Ark.) Implied warranty terms thereof held not to create contract.-Id.

that article is reasonably fit for the purpose for Seller's letter on buyer's qualification of offer

which it is sold.--Hercules Powder Co. v. Rich, in acceptance thereof held not to constitute ac

3 F.(20) 12. ceptance of counter proposal.-Id. Failure to reply to counter proposal not as

VII. REMEDIES OF SELLER. sent thereto.-Id.

(B) Lien. em32 (U.S.C.C.A.S.C.) Correspondence held

Om 300 (U.S.D.C.Fla.) Vendor's lien can only sufficient to establish binding contract for pur

arise for purchase price of particular article on chase of pulpwood.-Meade Fibre Co. v. Varn,

which it is claimed.-In re Farmers' Co-op. 3 F.(20) 520. 41 (U.S.C.C.A.N.Y.) Maxim of "caveat

Ass'n of Marion County, Fla., 3 F.(20) 708. emptor' applicable to sales of personalty, where buyer has opportunity of inspection and seller

(D) Resale. is guilty of no fraud ---Cudahy Packing Co. v. Om334 (U.S.C.C.A.N.C.) Resale of sugar on Narzisenfeld, 3 F.(2d). 567.

refusal of buyer to accept it held without unA.Mass.) Question of rati- reasonable delay.--Randolph Grocery Co. v. fication of contract held for jury.--Morris & Lamborn, 3 F.(20) 139. Co. v. H. L. Handy & Co., 3 F.(20) 97.

(E) Actions for Price or Value. II. CONSTRUCTION OF CONTRACT.

355(3) (U.S.C.C.A.N.Y.) Purchaser plead55 (U.S.C.C.A.N.C.) Law of state where ing sale by sample and inferiority of merchancontract is to be performed governs measure dise cannot prevail where evidence shows sale of damages for breach.-Randolph Grocery Co. was not by sample.--Cudahy Packing Co. v. v. Lamborn, 3 F.(20) 139.

Narzisenfeld, 3 F.(20) 567. 58 (U.S.C.C.A.S.C.) Seller, who was required by contract to empty and recharge sani

(F) Actions for Damages, tary toilet system tanks, was not liable for cost

384(7). (U.S.C.C.A.III.) Measure of damthereof after buyer had taken over work itself under option reserved in contract.-Woodside

ages for breach of contract by buyer stated. Cotton Mills Co. v. Kaustine Co., 3 F.(20) 523. Henning v. W. S. Hallman Co., 3 F.(20) 229. Om73 (U.S.C.C.A.N.Y.) “Sale by sample" defined.--Cudahy Packing Co. v. Narzisenfeld, 3

VIII. REMEDIES OF BUYER. F.(20) 567.

(A) Recovery of Price.

391 (5) (U.S.C.C.A.Cal.) Buyers not enIII. MODIFICATION OR RESCISSION OF

titled to credit for goods returned to sellers CONTRACT.

after sale and delivery thereof.-Steil v. Hol(A) By Agreement of Partles. land, 3 F.(20) 776. m89 (U.S.C.C.A.Tex.) Correspondence held to show agreement that flour was to belong (D) Actions and Counterclaims for Breach to seller, if decision against him.-Wichita Mill

of Warranty. & Elevator Co. v. Naamlooze Vannootschap 441 (2) (U.S.C.C.A.Ark.) Finding of warGrebrs Van Den Bergh's Industrie en Han- ranty of safety fuse held sustained by eviden delmaatschappy, 3 F.(20) 931.

Hercules Powder Co. v. Rich, 3 F.(20) 12. 3 F.(20)-67

e

445(2) (U.S.C.C.A.Ark.) Whether parol

SENTENCE, statement by seller is warranty generally ques

Criminal tion for the jury.-Hercules Powder Co. v. Rich, 3 F.(20) 12. SALVAGE.

SEWERS.

See Drains. II. AMOUNT AND APPORTIONMENT.

SHIPPING. 25 (U.S.C.C.A.Va.) Allowance of interest See Salvage. on award held within court's discretion,-The Naiwa, 3 F.(20) 381.

I. REGULATION IN GENERAL. 27' (U.S.C.C.A.Me.) Decree awarding sal. 4 (U.S.D.C.N.Y.) Statutes as to registravage held not erroneous or excessive.-U. S. v.

CORO" Central Wharf Towboat Co., 3 F.(20) 250.

tion of vessel held not repealed or modified 30 (U.S.C.C.A.Va.) Award for salvage

by Ship Mortgage Act 1920.–The Underwriter,

3 F.(20) 483. service approved.-The Naiwa, 3 F.(20) 381.

Omw 5 (U.S.D.C.N.Y.) Mortgage on vessel inSEAMEN.

valid if vessel has not been duly registered and

mortgage has not been duly recorded. The Ur2 (U.S.D.C.N.Y.) Persons employed on derwriter, 3 F.(20) 483. "laid-up fleet" held workmen and not "seamen;" "vessel."-Gonzales y. U. S. Shipping

II. TITLE. Board. Emergency Fleet Corporation, 3 F.(20) 33 (U.S.D.C.N.Y.) Mortgage on vessel in168.

valid if vessel has not been duly registered and IL (U.S.C.C.A.N.Y.) Injured seaman held mortgage has not been duly recorded.—The Unentitled to maintenance and cure.-Morris V. derwriter, 3 F.(20) 483. U. S., 3 F.(20) 588.

Statutes as to recordation of mortgage heid Evidence held insufficient to prove illness of

not repealed or modified by Ship Mortgage Act seaman from thrombosis was due to injury or 1920.-Id. maltreatment on board ship.-Id.

Corporation "resides," within statutes as to Captain, who had no means of affording med registration of ships and recordation of mortical aid for injured seaman on board, should

gages, where principal office fixed by charter is have obtained aid at intermediate port.-Id.

located.-Id. Ship required to provide injured seaman maintenance and cure, notwithstanding captain's er

III. CHARTERS. ror of judgment in thinking that seaman was 49(3) (U.S.D.C.N.Y.) Hirer of derrick boat. shamming.-Id.

liable for extra charge if it worked more than Measure of damages recoverable by injured eight hours daily, held not entitled to set oir seaman, on master's refusal to provide medical night shifts against days when it did not work. aid and maintenance, stated.-Id.

- Sherwood v. American Sugar Refining Co., Injured seaman, forced to work at time when 3 F.(20) 332. he was entitled to maintenance in rest for cure, 53 (U.S.D.C.N.Y.) Under contract of afcould recover compensation for such period.-Id. freightment, decree for damages to cargo for Om ll (U.S.D.C.Cal.) Hospital can recover delay will run against owner of ship, not from shipowner reasonable value of treatment against charterer.—The Buckleigh, 3 F.(20) furnished injured seaman.-Methodist Episcopal 829. Hospital v. Pacific Transport Co., 3 F.(20) 508. 54 (U.S.C.C.A.Mass.) Charterer held liable On 29 (2) (U.S.D.C.Pa.) Shipowners held neg- for negligence of towing tug under terms of ligent in providing platform, so placed that sea- charter party.-Blanchard Lumber Co. v. Metmen could not escape injury if heavy boiler calf, 3 F.(20) 768. cover fell.-The Waco, 3 F.(20) 476.

54 (u.S.C.C.A.N.Y.) In absence of conen 29(4) (U.S.D.C.Pa.) Petty officer presum- tract, charterer liable for negligence only.-0. ed to have been acquainted with duties, and re- F. Harms Co. v. Turner Const. Co., 3 F.(24) quired to report unsafe condition of tackle to 591: superior officer or to supply deficiency.-The 56 (U.S.C.C.A.N.Y.) Owner not liable for Waco, 3 F.(20) 476.

charterer's breach of contract to subcharterer. Seaman held guilty of contributory negligence Phosphate Mining Co: v. Unione Austriaca in not using tackle provided, or in not procur di Navigazione Gia Austro-Americana & Fraing safe tackle.-Id.

telli Cosulich Societa Anonima, 3 F.(20) 239. Contributory negligence not bar to recovery, Omw 58(2) (U.S.C.C.A.N.Y.) Burden on owner but damages may be apportioned.-Id.

to prove negligence.-C. F. Harms Co. v. TurOn 29 (5) (U.S.D.C.Cal.) Injured seaman can ner Const. Co., 3 F.(20) 591. recover from shipowner for hospital and medi- Evidence held insufficient to show negligence cal treatment on shipowner's failure to furnish of charterer in berthing barge at wharf.-id. treatment.—Methodist Episcopal Hospital v. Pacific Transport Co., 3 F.(20) 508.

IV. MASTER. On 29(5) (U.S.D.C.N.Y.) Jones Act prescrib

62 (U.S.C.C.A.N.Y.) Owner and not charing rights of seamen, held applicable to foreign

De tore,sa terer of barge held liable for injuries from massteamship companies; "principal office."

ter's failure to obey wharfinger's instruction.-

tons Stewart v. Pacific Steam Nav. Co., 3 F.(20)

C. F. Harms Co. v. Turner Const. Co., 3 F.(20) 329.

591. On 29(5) (U.S.D.C.Pa.) Seaman's damages from personal injuries 'fixed at $2,400.-The

V. LIABILITIES OF VESSELS AND OWNWaco, 3 F.(20) 476.

ERS IN GENERAL. 30 (U.S.C.C.A.N.Y.) Defiant seaman can be punished by captain.-Morris v. U. S., 3 F.(20)

86(2) (U.S.D.C.N.Y.) Evidence held insuf588.

ficient to prove damage sustained in striking

pier was caused by swells from libeled steamSEARCHES AND SEIZURES.

ship.-The Orizaba, 3 F.(20) 997. m5 (U.S.D.C.La.) Vehicle illegally seized by

VII. CARRIAGE OF GOODS, other than federal agents may be subjected to forfeiture.-U. S. v. One Ford Coupe, 3 F.(20) Cam 106 (U.S.C.C.A.S.C.) Owner bound by bills 64.

of lading issued by operator pursuant to auem (U.S.C.C.A.Tenn.) Seizure of whisky in thority from owner.-U. S. v. Middleton, 3 shed and vacant premises adjacent to saloon F.(2d) 384. without warrant held lawful.-Fryar v. U. S., 118 (U.S.C.C.A.S.C.) Failure to repair be3 F.(20) 598.

fore voyage held to deprive owner of right to

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