(B) Form and Contents of Instruments. yet incomplete, where engines used in inter47 (Mo.App.) The description of pianos in state commerce had been run into it and there chattel mortgage held sufficient to give one deal- stored.-Thompson v. Cincinnati, N. O. & T. ing therewith constructive notice.-Williams v. P. Ry. Co., 176 S. W. 1006. W. W. Kimball Co., 176 S. W. 478. (D) Lien and Priority. 138 (Mo.App.) One who exchanged new pianos for old ones covered by a chattel mortgage which permitted the exchange on condition that the new ones be subject to the mortgage is estopped to deny the superior rights of the prior mortgage.-Williams v. W. W. Kimball Co., 176 S. W. 478. IV. RIGHTS AND LIABILITIES OF A carpenter injured while working on an extension to a railroad repair shop, held engaged in work in aid of interstate commerce where the old structure was already in use as an instrumentality of such commerce.-Id. 33 (Tex.Civ.App.) A shipment from point in the state to point in sister state is interstate shipment, though initial carrier obligated itself to transport wholly in the state.-Galveston, H. & S. A. Ry. Co. v. Carmack, 176 S. W. 158. COMMERCIAL PAPER. See Bills and Notes. COMMISSION AND COMMISSIONERS. 176 (Tex. Civ.App.) In a suit for converting mortgaged property, held, that answers to special issues were not overturned by the general verdict, and judgment should be for plaintiff.-Farmers' State Bank of Newlin v. Bell, See Brokers, 56-86; Insurance, 84. 176 S. W. 922. The measure of damages for the conversion of mortgaged property is the market value of the property taken, with interest from the See date of conversion.-Id. CITIES. See Municipal Corporations. COLLATERAL ATTACK. See Judgment, 471-585, 818: Justices of the Peace, 129; Levees, 28. COLOR OF TITLE. See Adverse Possession, 80, 100. COMBINATIONS. See Monopolies, 10-26. COMMERCE. See Shipping. COMMON CARRIERS. Carriers. COMMON SCHOOLS. See Schools and School Districts, 24, 27. See Negligence, 101. COMPENSATION. See Brokers, 56-86; Drains. 49; EmiInsurance, COMPENSATORY DAMAGES. See Damages, 40-62. COMPETENCY. See Evidence, 155; Jury, 83, 127; Witnesses, 40-159. COMPLAINT. See Indictment and Information. COMPOSITIONS WITH CREDITORS. COMPROMISE AND SETTLEMENT. 6 (Mo.App.) Retention and cashing by plaintiff of a check marked "in full settlement" held an accord and satisfaction between the parties, where their rights under the contract, from which defendant's liability, if any, arose, were bona fide in dispute.-Bartley v. Pictorial Re I. POWER TO REGULATE IN GEN- view Co., 176 S. W. 489. ERAL. 20 (Tex.Civ.App.) A contract for the settle8 (Mo.App.) The Carmack amendment to ment of pending actions held to have been the Hepburn Act, which requires a written ship-breached in its inception so as to give no right to recover against one of the parties, who therement contract for interstate shipments and after prosecuted one of the pending actions prescribes uniform rules for liability of carriers growing out of such contracts, supersedes to judgment. Ferguson v. Sanders, 176 S. W. all other regulations applying to such shipments. -Kent v. Chicago, B. & Q. R. Co., 176 S. W. 1105. 782. COMPUTATION. See Limitation of Actions, 44; Time, 8. CONDEMNATION. II. SUBJECTS OF REGULATION. CONDITIONAL SALES. See Sales, 477, 480. CONDITIONS PRECEDENT. See Fraudulent Conveyances, 241; Guardian and Ward, 182; Highways, 90. as does Vernon's Sayles' Ann. Civ. St. 1914, art. 4689, is in the power of the Legislature, and invades no rights of property.-Campbell v. Peacock, 176 S. W. 774. X. EQUAL PROTECTION OF LAWS. 233 (Ky.) Drainage Act of 1912, providing for the imposition of special assessments to pay for the construction of drains, does not violate Const. U. S. Amend. 14, relating to equal protection of the laws.-Williams v. Wedding, 176 S. W. 1176. 238 (Tex.Civ.App.) Rev. St. 1911, art. 6645, abrogating to an extent the defense of assumption of risk, is not unconstitutional as denying to an employing railroad the equal protection of the laws and as making an ar 147; bitrary classification based upon no just and proper relation or difference.-Consolidated Kansas City Smelting & Refining Co. v. Schulte, 176 S. W. 94. See Bills and Notes, 97, 106: Breach of Marriage Promise, 5; Contracts, ~5074; Deeds, 15; Fraudulent Conveyances, 158; Sales, 19-21; Vendor and Purchaser, 18; Wills, 59. CONSPIRACY. See Monopolies, 10-26. I. CIVIL LIABILITY. (B) Actions. 18 (Mo.App.) Petition by broker held not to state a cause of action, as against a demurrer, for a money judgment for a conspiracy between the owner and purchaser procured by the broker. Frye v. Warren, 176 S. W. 289. CONSTABLES. See Sheriffs and Constables. CONSTITUTIONAL LAW. See Corporations, 99; Counties, 150; 245 (Ark.) The Railroad Employers' Liability Act does not deprive the railroads of the equal protection of the laws, contrary to Const. U. S. Amend. 14.-St. Louis, I. M. & S. Ry. Co. v. Ingram, 176 S. W. 692. XI. DUE PROCESS OF LAW. 290 (Ky.) Drainage Act held in violation of Const. Ky. §§ 2, 14, and Const. U. S. Amend. 14, as authorizing the deprivation of property without due process in so far as it makes assessments by the board of drainage commissioners absolute.-Williams v. Wedding, 176 S. W. 1176. 13; Drains, 2, 18, 67, 69; Eminent See Criminal Law, 576-614, 1166. Domain 71, 167; Intoxicating Liquors, 11, 14; Jury, 17-25; Justices of the 14 (Ark.) In an action against railroad rePeace, 53: Monopolies, 10; Statutes, 22-123; Taxation, 40, 184, 195. II. CONSTRUCTION, OPERATION, III. DISTRIBUTION OF GOVERN- ceivers for injuries to a passenger, denial of postponement of trial to defendants after plaintiff cured a misjoinder of parties by entering nonsuit as to another defendant, held proper, Kirby's Dig. § 6191, having no application.Biddle v. Riley, 176 S. W. 134. 16 (Ky.) Denial of continuance to defendant, on ground that he had been unable to take plaintiff's deposition, held proper on account of defendant's laches.-Home Ins. Co. of New York v. Crowder, 176 S. W. 344. be-26 (Ky.) A defendant is not entitled to a continuance to secure the testimony of a codefendant, where it exercised no diligence to secure his presence, and it was improbable that he would be present.-Paducah Wharfboat Co. v. Mechanics' Trust & Savings Bank, 176 S. W. 190. (C) Executive Powers and Functions. 80 (Ky.) Drainage Act does not violate Const. § 109, in delegating judicial powers, because it authorizes the drainage commissioners to spread the assessment, etc.-Williams v. Wedding, 176 S. W. 1176. V. PERSONAL, CIVIL, AND POLITI- 87 (Tex.Civ.App.) Granting authority to enjoin crime, as the keeping of a bawdyhouse, i CONTRACTS. See Accord and Satisfaction; Account Stated; 254, 397-461, 508; Exchange of Property; 323 (Ark.) Testimony by contractor that he I. REQUISITES AND VALIDITY. In an action for the balance due on a contract Evidence for the contractor held sufficient to VI. ACTIONS FOR BREACH. 346 (Mo.App.) When a contract contains 50 (Mo.App.) Agreement of defendant to 52 (Mo.App.) Detriment to the promisee is CONTRIBUTORY NEGLIGENCE. 68 (Tex.Civ.App.) A compromise of a claim See Negligence, 66-101. 74 (Mo.App.) Benefit to a third person se- (F) Legality of Object and of Consid- 130 (Tex.Civ.App.) An agreement that one TION. CONVEYANCES. v. See Chattel Mortgages; Deeds; Logs and Log- CORPORATIONS. See Banks and Banking; Bills and Notes, I. INCORPORATION AND ORGAN- IZATION. (A) General Rules of Construction. IV. RESCISSION AND ABANDON- 261 (Tex.Civ.App.) One assuming liabilities 270 (Ky.) One failing to make prompt elec- V. PERFORMANCE OR BREACH. 303 (Mo.App.) A refusal to permit perform- poration cannot procure the payment of a bonus IV. CAPITAL. STOCK, AND DIVI- (B) Subscription to Stock. 76 (Mo.App.) A contract to subscribe to 78 (Mo.App.) Where a corporation was Persons who signed agreement to subscribe ing they did not sign the articles of agreement, | V. MEMBERS AND STOCKHOLDERS. 78 (Tex.Civ.App.) The provisions of a stock 80 (Ky.) In action to rescind purchase of 373. Where plaintiff suing to rescind contract to 90 (Mo.App.) An action by a corporation poration. In a suit to rescind purchase of stock, evi-312 (Tex.Civ.App.) Directors of a corpora- 176 S. W. 409. Though the amount of a stock subscription subscriber.-Id. (C) Issue of Certificates. 99 (Tex. Civ.App.) Under Const. art. 12, § 908. That defendant, who had given his nonnego- (D) Transfer of Shares. 121 (Ky.) Evidence that inclusion, in plain- 121 (Mo.App.) In an action for breach of S. W. 1091. to Stockholders, suing Minority stockholders held not estopped from (D) Liability for Corporate Debts and Acts. 348 (Tex.Civ.App.) The judgment rendered The findings, in an action against a corpora- VII. CORPORATE POWERS AND LIABILITIES. (A) Extent and Exercise of Powers in 377 (Mo.App.) Contract of wholesale dry tion is not necessary to a valid transfer of a (B) Representation of Corporation by Of- 121 (Tex. Civ.App.) In an action to cancel v. Tootle-Campbell Dry Goods Co., 176 S. W. 1091. withstanding the guaranty.-American VI. TAXATION. Nat. 406 (Tex. Civ.App.) The president of a manufacturing company had authority to bind the company by a contract for repairs on a build-214 (Mo.App.) Court held to have erred in ing if entered into by him for the benefit of the entertaining motion to retax costs by surety company.-Texas Mfg. Co. v. Fitzgerald, 176 S. on deceased plaintiff's cost bond without notice W. 891. to defendant, and without any proceedings under Rev. St. 1909, §§ 1916-1922.-Lopp v. Prather, 176 S. W. 476. 426 (Ky.) Where the proceeds of an unauthorized corporate note were deposited in a bank and checked out by an authorized officer, the corporation knowingly received the benefit of the proceeds and is liable on the_note.Paducah Wharfboat Co. v. Mechanics' Trust & Savings Bank, 176 S. W. 190. 428 (Ark.) Actual knowledge of the equities of seller of standing timber, on part of the general manager and the treasurer and landman of a subsequent corporation purchaser, held imputable to the corporation.-GraysoniaNashville Lumber Co. v. Saline Development Co., 176 S. W. 129. (F) Civil Actions. VII. ON APPEAL OR ERROR, AND 246 (Tex. Civ.App.) A defendant appealing from an adverse judgment of justice's court held not entitled to compel plaintiff to give a cost bond.-Trinity County Lumber Co. v. Conner, 176 S. W. 911. COTENANCY. See Tenancy in Common. COUNTIES. COUNTERCLAIM. 521 (Mo.App.) In an action against a wholesale dry goods company on a contract to See Set-Off and Counterclaim. take back stock at par, signed by its secretary and credit man, instructions held to properly present the question of the officer's authority by estoppel to make the contract.-Fuller v. Tootle-Campbell Dry Goods Co., 176 S. W. 1091. VIII. INSOLVENCY AND RECEIVERS. 546 (Tex.Civ.App.) Rev. St. arts. 1201 et seq. relating to insolvent corporations and the right of stockholders to sue, held not to provide an exclusive remedy where a corporation has failed to pay its franchise tax.-Canadian Country Club v. Johnson, 176 S. W. 835. XI. DISSOLUTION AND FORFEITURE 592 (Tex.Civ.App.) Failure of a corporation to pay its franchise tax is not an act of dissolution.-Canadian Country Club v. Johnson, 176 S. W. 835. 621 (Tex.Civ.App.) Under Rev. St. art. 2128, the court held authorized to appoint a receiver to wind up the affairs of an insolvent corporation which has forfeited its rights to do business for nonpayment of its franchise tax.-Canadian Country Club v. Johnson, 176 S. W. 835. 630 (Tex. Civ.App.) A corporation, which fails to pay the franchise tax under Vernon's Sayles' Ann. Civ. St. art. 7379, may not do any business, or sue or defend a suit.-Canadian Country Club v. Johnson, 176 S. W. 835. Where a corporation has forfeited its right to do business because of its failure to pay its franchise tax, equity will entertain a suit by stockholders when necessary to protect the interests of the corporation.-Id. XII. FOREIGN CORPORATIONS. 673 (Tex. Civ.App.) In an action by a foreign corporation, evidence held to show that plaintiff was not doing business within the state so as to be required to secure a permit.-Latham Co. v. Louer Bros., 176 S. W. 920. Where a foreign corporation's petition and proof show that it was not doing business in the state, the burden is on the defendant to prove that plaintiff cannot maintain the action under Vernon's Sayles' Ann. Civ. St. 1914, art. 1318. -Id. See Ejectment, COSTS. 123; New Trial, 5. V. AMOUNT, RATE, AND ITEMS. 172 (Tex.Civ.App.) Bank which delivered to M. money and notes placed with it in escrow on his guaranty against loss held properly al See Adverse Possession, 7; Appeal and Er- 98 (Ky.) Sureties on bond of county court clerk who held over after expiration of his term held not liable to successor for emoluments of the office collected by him while holding over, notwithstanding Ky. St. 1915, § 374.-Trammell v. Myrick, 176 S. W. 1185. III. PROPERTY, CONTRACTS, AND LIABILITIES. (B) Contracts. 113 (Tex. Civ.App.) Under Rev. St. 1911, art. 7707, commissioners' court may employ counsel to sue in the name of the state for de linquent drainage taxes.-Holt v. State, 176 IV. FISCAL MANAGEMENT, PUBLIC 150 (Mo.) Laws 1913, p. 121, providing for setting aside of a building fund, held in violation of Const. art. 10, § 12, limiting amount of indebtedness so as to render refusal of state auditor to register and certify county building fund bonds not erroneous. State ex rel. Christian County v. Gorden, 176 S. W. 1. 178 (Ky.) Under Const. Amend. § 157a, and Laws 1914, c. 80, § 21, held, that election on question of issuing road improvement bonds need not be held on the regular election day.Albright v. Ballard, 176 S. W. 185. Under the act of 1914, election on question of issuing road improvement bonds held not invalid because called the day the petition was filed instead of waiting until the next term of the county court. Id. Under act of 1914, held, that voters on question to issue road improvement bonds need not be given opportunity to pass upon the rate of interest or the length of time the bonds are to run.-Id. 182 (Tex. Civ.App.) A county is not prohibited from selling road construction bonds to road contractors, provided there is no evasion of the statute forbidding sale of bonds for less than par value and accrued interest.-Ogg v. Dies, 176 S. W. 638. A contract for road construction work and a sale of road district bonds to the contractor |