1,384,035. Cooking utensil, claims 1, 2, and 3, held void (C. C. A. Ill.) 3 F. (2d) 801. 1,425,956. Hair-waving device, claims 9 and 10, held invalid (C. C. A. N. Y.) 3 F. (2d) 543.

1,436,365. Unitary window sign, held invalid (C. C. A. Ill.) 3 F (2d) 144. 1,445,754. Road contractor, held not anticipated, valid and infringed (D. C. Cal.) 3 F. (2d) 640.

I. REQUISITES AND SUFFICIENCY. 3 (U.S.D.C.Ga.) State law permitting banks to pay checks in exchange held unconstitutional. -Capital Grain & Feed Co. v. Federal Reserve Bank of Atlanta, 3 F. (2d) 614.

12(5) (U.S.C.C.A.Tex.) Recovery on cause of action accruing in foreign country is amount equivalent to value of claim in foreign money when and where claim accrued.-Wichita Mill & Elevator Co. v. Naamlooze Vannootschap-Grebrs Van Den Bergh's Industrie en Handelmaatschappy, 3 F. (2d) 931.

Indictment for purchase and disposition of narcotics need not allege accused belonged to class required to register and pay special taxes.-Id.

Possession of narcotics permits inference of unlawful possession.-Id.

Evidence of unlawful possession of opium held sufficient.-Id.

9 (U.S.C.C.A.Mo.) Possession by wife living separate from husband creates no presumption of husband's guilt.-Grantello v. U. S., 3 F. (2d) 117.

Evidence of wife's possession held insufficient to sustain conviction of husband living apart from her.-Id.

9 (U.S.C.C.A.Tenn.) Indictment charging registered physician sold narcotics in violation of Harrison Act held defective.-Mitchell v. U. S., 3 F. (2d) 514.

Indictment charging sale of narcotics by physician held sufficient, without showing filling of prescription.-Id.

104(2) (U.S.C.C.A.Ark.) Implied authority of agent to give warranty.-Hercules Powder Co. v. Rich, 3 F. (2d) 12.

(A) Between Individuals.

41 (U.S.C.C.A.W.Va.) Not necessarily improper or fraud on surety for buyer to act as seller's agent in getting out cross-ties.--Fidelity & Casualty Co. of New York v. Glenn, 3 F. (2d) 913.

42 (U.S.C.C.A.W.Va.) Instruction relating to buyer's right to recover from surety, notwithstanding concealment of facts, held not error.-Fidelity & Casualty Co. of New York v. Glenn, 3 F. (2d) 913.

Instruction relating to buyer's right to recover from surety, notwithstanding concealment of facts, held not error.-Id.

IV. REMEDIES OF CREDITORS. 160 (U.S.C.C.A.W.Va.) Testimony relat ing to advances on contract and as to loss of profits from breach held admissible against surety on penal bond.-Fidelity & Casualty Co. of New York v. Glenn, 3 F. (2d) 913.

PRIVILEGE.

See Constitutional Law, 205.

PROHIBITION.

See Intoxicating Liquors.

PUBLIC LANDS.

See Mines and Minerals, 5-43.

II. SURVEY AND DISPOSAL OF LANDS OF UNITED STATES.

(I) Proceedings in Land Office. 106(1) (U.S.C.C.A.Ark.) Executive department without jurisdiction over patented lands.-U. S. v. Rhodes, 3 F. (2d) 771.

V. SPANISH, MEXICAN, FRENCH, AND

RUSSIAN GRANTS.

QUIETING TITLE.

I. RIGHT OF ACTION AND DEFENSES. ~10(2) (U.S.C.C.A.Tex.) Under law of Texas, vendors, retaining vendor's lien, held not deprived of right to sue to remove clouds from title.-Smith v. Brown, 3 F.(2d) 926. RAILROADS.

See Street Railroads.

I. CONTROL AND REGULATION IN
GENERAL.

52 [New, vol. 6A Key-No. Series]

(U.S.C.C.A.Va.) Company not liable on contracts for services performed during federal control.-Martin v. Richmond, F. & P. R. Co., 3 F. (2d) 26.

Director General not liable for railroad's contracts for services unless adopted.-Id.

Director General entitled to reasonable time to reject or adopt railroad's contracts.-Id.

Director General, receiving coal after repudiating railroad's contract to pay for services in purchasing coal, held liable in quantum meruit.

-Id.

VIII. INDEBTEDNESS, SECURITIES, LIENS, AND MORTGAGES.

(B) Foreclosure of Liens and Mortgages.

197 (U.S.C.C.A.Cal.) Bondholders, presenting bonds prior to certain date, not entitled to share in interest on fund which has accrued subsequent thereto.-Drascovich v. Equitable Trust Co. of New York, 3 F. (2d) 724.

197 (U.S.C.C.A.Cal.) Counsel of trustee foreclosing mortgage held not entitled to additional compensation out of accrued interest on fund held for bondholders.-Equitable Trust Co. of New York v. Drascovich, 3 F. (2d) 728.

X. OPERATION.

(F) Accidents at Crossings.

307 (4) (U.S.C.C.A.Porto Rico) Company held required by statute to maintain gates at crossings; "insular roads."-American R. Co. of Porto Rico v. Lopez, 3 F. (2d) 876.

307 (6) (U.S.C.C.A.Porto Rico) Company providing safeguards at crossing is under duty to operate same.-American R. Co. of Porto Rico v. Ortega, 3 F. (2d) 358.

308 (U.S.C.C.A.Porto Rico) Violation of statute not negligence per se, but evidence of negligence.-American R. Co. of Porto Rico v. Lopez, 3 F.(2d) 876.

309 (U.S.C.C.A.Porto Rico) Measure of care in running special train at crossing stated. -American R. Co. of Porto Rico v. Lopez, 3 F. (2d) 876.

328 (8) (U.S.C.C.A.Pa.) Failure of occupants of automobile to turn on full lights on approaching crossing held contributory negligence.-Phillips v. Davis, 3 F. (2d) 798.

REAL ACTIONS.

III. TITLE TO AND POSSESSION OF
PROPERTY.

71 (U.S.D.C.Pa.) Right of tenant's receiver to possession no greater than tenant's.-Vincent v. National Drug Stores, 3 F. (2d) 504.

77(1) (U.S.D.C.Pa.) Landlord held not to have a lien on property in the hands of a receiver. Williamsburg Wood Heel Co. v. Zeigler Bros. Co., 3 F. (2d) 83.

IV. MANAGEMENT AND DISPOSITION OF PROPERTY.

(A) Administration in General. 91 (U.S.D.C.Pa.) Creditor, accepting payment made by receiver under order of court, is bound thereby.-Williamsburg Wood Heel Co. v. Ziegler Bros. Co., 3 F. (2d) 83.

(D) Sale and Conveyance or Redelivery of Property.

135 (U.S.C.C.A.Idaho) Sale by general federal receiver held not subject to redemption under state statute.-Beet Growers Sugar Co. v. Columbia Trust Co., 3 F. (2d) 755.

Company ordered to desist from combining to maintain monopolies held not disqualified to purchase property at receiver's sale.-Id.

VI. ACTIONS,

II. PROCEEDINGS AND RELIEF. 43 (U.S.D.C.N.Y.) Where one set of attorneys represents all parties, less evidence required to cast on adverse party burden of explanation.-Hazeltine Research Corporation v. Freed-Eisemann Radio Corporation, 3 F. (2d) 172.. 45(2) (U.S.D.C.N.Y.) Evidence held show all parties understood license agreement contemplated royalty on selling price of set, and not on part thereof.-Hazeltine Research Corporation v. Freed-Eisemann Radio Corporation, 3 F. (2d) 172.

RELEASE.

II. CONSTRUCTION AND OPERATION.

to

REMOVAL OF CAUSES.

I. POWER TO REMOVE AND RIGHT OF REMOVAL IN GENERAL.

3 (U.S.D.C.N.Y.) Action at law for injury to seaman, under Merchant Marine Act, held not removable.-Atianza v. U. S. Shipping Board Emergency Fleet Corporation, 3 F. (2d) 845.

II. ORIGIN, NATURE, AND SUBJECT OF CONTROVERSY.

21 (U.S.D.C.N.Y.) Prohibition officers and agents not "revenue officers," within Judicial Code; "revenue act."-Wolkin v. Gibney, 3 F. (2d) 960.

Leave to sue federal receivers properly denied to state revenue agent, where under the state law such agent could not maintain suit. -Id.

178 (U.S.C.C.A.Tenn.) Application of Tennessee revenue agent to intervene in federal receivership proceedings properly denied, where no averment of direction by state comptroller.-Fidelity Trust Co. v. Tennessee Charcoal Iron Co., 3 F. (2d) 857.

179 (U.S.D.C.N.Y.) Filing of answer by defendant at direction of its receivers held act of receivers, which they have power to adopt.American Engineering Co. v. Metropolitan ByProducts Co., 3 F. (2d) 451.

VIII. FOREIGN AND ANCILLARY RECEIV

ERSHIPS.

III. CITIZENSHIP OR ALIENAGE OF PARTIES.

(A) Diverse Citizenship or Alienage in General.

36 (U.S.D.C.Wyo.) Fraudulent joinder cause for removal.-Kraus v. Chicago, B. & Q. R. Co., 3 F. (2d) 277.

Pecuniary irresponsibility of resident defendant, or motive of plaintiff in making him party, cannot be considered.-Id.

VI. PROCEEDINGS TO PROCURE AND EF. FECT OF REMOVAL.

86 (9) (U.S.D.C.S.C.) Verification of petition held sufficient.-S. B. McMaster, Inc., v. Chevrolet Motor Co., 3 F. (2d) 469.

Verification of petition may be made by attorney.-Id.

VII. REMAND OR DISMISSAL OF CAUSE.

RECORDS.

See Appeal and Error, 674-713; Criminal Law, 1086.

REFORMATION OF INSTRUMENTS. 1. RIGHT OF ACTION AND DEFENSES.

(U.S.D.C.N.Y.) Equity court cannot make new contract for parties.-Hazeltine Research Corporation v. Freed-Eisemann Radio Corporation, 3 F.(2d) 172.

16 (U.S.D.C.N.Y.) Court must find that, through fraud or mistake, instrument does not express understanding of parties.-Hazeltine Research Corporation V. Freed-Eisemann Radio Corporation, 3 F. (2d) 172.

of petition may be amended.-S. B. McMaster, Inc., v. Chevrolet Motor Co., 3 F.(2d) 469.

107(4) (U.S.D.C.Wyo.) Questions of fact determinable by federal courts.-Kraus v. Chicago, B. & Q. R. Co., 3 F. (2d) 277.

107(5) (U.S.D.C.Wash.) Allegations of petition admitted by motion to remand without denial.-Connolly v. Chicago, M. & St. P. Ry. Co., 3 F. (2d) 818.

Motion to remand raises any objection to jurisdiction appearing from record.-Id.

107 (5) (U.S.D.C.Wyo.) Verified petition for removal, alleging fraudulent joinder. held to warrant refusal to remand, where no issue_joined on question of fraudulent joinder.-Kraus v. Chicago, B. & Q. R. Co., 3 F. (2d) 277.

VIII. PROCEEDINGS IN CAUSE AFTER REMOVAL.

111 (U.S.D.C.Wash.) Jurisdiction of federal court, properly averred, continues until

72.

611.

22(4) (U.S.C.C.A.N.Y.) New stipulation as to quality invalidates acceptance.-Columbia Malting Co. v. Clausen-Flanagan Corporation, 3 F. (2d) 547.

Buyer's acceptance of offer after qualifying terms thereof held not to create contract.-Id. Seller's letter on buyer's qualification of offer in acceptance thereof held not to constitute acceptance of counter proposal.-Id.

Failure to reply to counter proposal not assent thereto.-Id.

32 (U.S.C.C.A.S.C.) Correspondence held sufficient to establish binding contract for purchase of pulpwood.-Meade Fibre Co. v. Varn, 3 F. (2d) 520.

of "caveat 41 (U.S.C.C.A.N.Y.) Maxim emptor" applicable to sales of personalty, where buyer has opportunity of inspection and seller is guilty of no fraud.-Cudahy Packing Co. v. Narzisenfeld, 3 F. (2d) 567.

53(1) (U.S.C.C.A.Mass.) Question of ratification of contract held for jury.-Morris & Co. v. H. L. Handy & Co., 3 F. (2d) 97.

(C) Rescission by Buyer. 134 (U.S.C.C.A.Tex.) Consignee of flour, accepting shipment pending arbitration, held entitled on favorable finding by arbitrators to sell and apply proceeds on demand against shipper.-Wichita Mill & Elevator Co. V. Naamlooze Vannootschap-Grebrs Van Den Bergh's Industrie en Handelmaatschappy, 3 F. (2d) 931.

IV. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of Goods. 168(2) (U.S.C.C.A.Ky.) Buyer held bound to inspect and receive partial deliveries.-Blei v. Asher, 3 F. (2d) 210.

176(4) (U.S.C.C.A.N.Y.) Buyer offered opportunity of inspection cannot show that inspection was impracticable, where he did not exact a warranty of quality and fitness.-Cudahy Packing Co. v. Narzisenfeld, 3 F. (2d) 567.

181(13) (U.S.C.C.A.Ky.) Evidence held to show failure to inspect promptly.-Blei v. Asher, 3 F. (2d) 210.

VI. WARRANTIES.

261(6) (U.S.C.C.A.Ark.) Statement of fact by seller respecting quality of goods sold constitutes "warranty."-Hercules Powder Co. v. Rich, 3 F. (2d) 12.

270 (U.S.C.C.A.N.Y.) Buyer who examined eggs held not entitled to rely on any implied warranty as to quality or fitness.-Cudahy Packing Co. v. Narzisenfeld, 3 F. (2d) 567.

271 (U.S.C.C.A.N.Y.) In sale by sample seller selects sample and necessarily warrants that quality of merchandise conforms to same.Cudahy Packing Co. v. Narzisenfeld, 3 F. (2d)

567.

273 (3) (U.S.C.C.A.Ark.) Implied warranty that article is reasonably fit for the purpose for which it is sold.-Hercules Powder Co. v. Rich, 3 F.(2d) 12.

VII. REMEDIES OF SELLER.

(B) Lien.

300 (U.S.D.C.Fla.) Vendor's lien can only arise for purchase price of particular article on which it is claimed. In re Farmers' Co-op. Ass'n of Marion County, Fla., 3 F. (2d) 708.

(D) Resale.

334 (U.S.C.C.A.N.C.) Resale of sugar on refusal of buyer to accept it held without unreasonable delay.-Randolph Grocery Co. v. Lamborn, 3 F. (2d) 139.

(E) Actions for Price or Value. 355(3) (U.S.C.C.A.N.Y.) Purchaser pleading sale by sample and inferiority of merchandise cannot prevail where evidence shows sale was not by sample.-Cudahy Packing Co. v. Narzisenfeld, 3 F.(2d) 567.

(F) Actions for Damages,

384(7) (U.S.C.C.A.III.) Measure of damages for breach of contract by buyer stated.-Henning v. W. S. Hallman Co., 3 F. (2d) 229.

VIII. REMEDIES OF BUYER. (A) Recovery of Price.

not en

391 (5) (U.S.C.C.A.Cal.) Buyers titled to credit for goods returned to sellers after sale and delivery thereof.-Steil v. Holland, 3 F. (2d) 776.

(D) Actions and Counterclaims for Breach

of Warranty.

3 F. (2d)-67

SENTENCE.

2 (U.S.D.C.N.Y.) Persons employed on "laid-up fleet" held workmen and not "seamen;" "vessel."-Gonzales v. U. S. Shipping Board, Emergency Fleet Corporation, 3 F. (2d) 168.

(U.S.C.C.A.N.Y.) Injured seaman held entitled to maintenance and cure.-Morris v. U. S., 3 F. (2d) 588.

Evidence held insufficient to prove illness of seaman from thrombosis was due to injury or maltreatment on board ship.-Id.

Captain, who had no means of affording medical aid for injured seaman on board, should have obtained aid at intermediate port.-Id.

Ship required to provide injured seaman maintenance and cure, notwithstanding captain's error of judgment in thinking that seaman was shamming.-Id.

Measure of damages recoverable by injured seaman, on master's refusal to provide medical aid and maintenance, stated.-Id.

Injured seaman, forced to work at time when he was entitled to maintenance in rest for cure, could recover compensation for such period.-Id. 1 (U.S.D.C.Cal.) Hospital can recover from shipowner reasonable value of treatment furnished injured seaman.-Methodist Episcopal Hospital v. Pacific Transport Co., 3 F. (2d) 508. 29(2) (U.S.D.C.Pa.) Shipowners held negligent in providing platform, so placed that seamen could not escape injury if heavy boiler cover fell.-The Waco, 3 F. (2d) 476.

29(4) (U.S.D.C.Pa.) Petty officer presumed to have been acquainted with duties, and required to report unsafe condition of tackle to superior officer or to supply deficiency.-The Waco, 3 F. (2d) 476.

Seaman held guilty of contributory negligence in not using tackle provided, or in not procuring safe tackle.-Id."

Contributory negligence not bar to recovery, but damages may be apportioned.-Id.

can

29(5) (U.S.D.C.Cal.) Injured seaman recover from shipowner for hospital and medical treatment on shipowner's failure to furnish treatment.-Methodist Episcopal Hospital v. Pacific Transport Co., 3 F. (2d) 508.

29(5) (U.S.D.C.N.Y.) Jones Act prescribing rights of seamen, held applicable to foreign steamship companies; "principal office.' Stewart v. Pacific Steam Nav. Co., 3 F.(2d) 329.

29(5) (U.S.D.C.Pa.) Seaman's damages from personal injuries fixed at $2,400.-The Waco, 3 F. (2d) 476.

30 (U.S.C.C.A.N.Y.) Defiant seaman can be punished by captain.-Morris v. U. S., 3 F. (2d) 588.

SEARCHES AND SEIZURES.

5 (U.S.D.C.La.) Vehicle illegally seized by other than federal agents may be subjected to forfeiture.-U. S. v. Öne Ford Coupe, 3 F.(2d) 64.

7 (U.S.C.C.A.Tenn.) Seizure of whisky in shed and vacant premises adjacent to saloon without warrant held lawful.-Fryar v. U. S., 3 F. (2d) 598.

SEWERS.

SHIPPING.

I. REGULATION IN GENERAL.

4 (U.S.D.C.N.Y.) Statutes as to registration of vessel held not repealed or modified by Ship Mortgage Act 1920.-The Underwriter, 3 F.(2d) 483.

5 (U.S.D.C.N.Y.) Mortgage on vessel invalid if vessel has not been duly registered and mortgage has not been duly recorded.-The Underwriter, 3 F. (2d) 483.

II. TITLE.

33 (U.S.D.C.N.Y.) Mortgage on vessel invalid if vessel has not been duly registered and mortgage has not been duly recorded.-The Underwriter, 3 F. (2d) 483.

Statutes as to recordation of mortgage held not repealed or modified by Ship Mortgage Act 1920.-Id.

Corporation "resides," within statutes as to registration of ships and recordation of mortgages, where principal office fixed by charter is located.-Id.

III. CHARTERS.

49(3) (U.S.D.C.N.Y.) Hirer of derrick boat, liable for extra charge if it worked more than eight hours daily, held not entitled to set off night shifts against days when it did not work. Sherwood v. American Sugar Refining Co., 3 F. (2d) 332.

53 (U.S.D.C.N.Y.) Under contract of affreightment, decree for damages to cargo for delay will run against owner of ship, not against charterer.-The Buckleigh, 3 F. (2d) 829.

54 (U.S.C.C.A.Mass.) Charterer held liable for negligence of towing tug under terms of charter party.-Blanchard Lumber Co. v. Metcalf, 3 F. (2d) 768.

54 (U.S.C.C.A.N.Y.) In absence of contract, charterer liable for negligence only.-C. F. Harms Co. v. Turner Const. Co., 3 F. (28) 591:

56 (U.S.C.C.A.N.Y.) Owner not liable for charterer's breach of contract to subcharterer. -Phosphate Mining Co. v. Unione Austriaca di Navigazione Gia Austro-Americana & Fratelli Cosulich Societa Anonima, 3 F. (2d) 239. 58(2) (U.S.C.C.A.N.Y.) Burden on owner to prove negligence.-C. F. Harms Co. v. Turner Const. Co., 3 F. (2d) 591.

Evidence held insufficient to show negligence of charterer in berthing barge at wharf.-Ïd.

IV. MASTER.

62 (U.S.C.C.A.N.Y.) Owner and not charterer of barge held liable for injuries from master's failure to obey wharfinger's instruction.C. F. Harms Co. v. Turner Const. Co., 3 F. (2d) 591.

V. LIABILITIES OF VESSELS AND OWNERS IN GENERAL.

86(2) (U.S.D.C.N.Y.) Evidence held insufficient to prove damage sustained in striking pier was caused by swells from libeled steamship.-The Orizaba, 3 F. (2d) 997.

VII. CARRIAGE OF GOODS.

106 (U.S.C.C.A.S.C.) Owner bound by bills of lading issued by operator pursuant to authority from owner.-U. S. v. Middleton, 3 F. (2d) 384.

118 (U.S.C.C.A.S.C.) Failure to repair before voyage held to deprive owner of right to