state legislation, only becomes exclusive when exerted, but when Congress acts it obliterates all state legislation on the subject.-Lusk v. Atkinson, Mo., 186 S. W. 703.

41. Contempt-Interference with Process.Where attorney for defendants, being informed of a forthcoming adverse judgment, procured defendants to execute a lease, rendering such judgment of little value, he was guilty of contempt, under section 753, Judiciary Law, providing that a court may punish disobedience of a lawful mandate, or any unlawful interference with proceedings, by which a right or remedy is impaired.-Bartholomay Brewery Co. v. O'Brien, N. Y., 159 N. Y. Supp. 126.

42. Contracts-Construction.-A contract referring to land as "this day sold" indicates that it was executed after delivery of the deed to the land.-Cutler v. Spens, Mich., 158 N. W. 224.

43.- -Exclusive Agency.-Contract, employing agent to procure team and sell sewing machines, giving agent exclusive right in county so long as he should sell those machines, held invalid for indefiniteness.---Rogers V. White Sewing Mach. Co., Okla., 157 Pac. 1044. 44. Copyrights-Infringement.-There can be no infringement of copyright of work of fiction, unless defendant copies and appropriates the story; mere similarity of ideas being insufficient.-Kirke La Shelle Co. v. Armstrong, N. Y., 159 N. Y. Sup. 363.

45. Corporations-Bankruptcy.-Bankruptcy of a corporation does not of itself work a dissolution. Stagg v. Spray Water Power & Land Co., N. C., 89 S. E. 47.

46. Capital Stock.-Corporation, in absence of restriction, may subscribe to capital stock of another corporation, especially where charter confers power to buy and sell personal property of every description.-Quitman Oil Co. v. McRee, Ga., 88 S. E. 921.

47.-Equity.-Though one sues a corporation at law on promise by it, inuring to his benefit, to assume the liabilities of the corporation of which it was successor, he is entitled to have the principles of equity applied in considering the facts and circumstances out of which the liability arose.-Arlington Hotel Co. v. Rector, Ark., 186 S. W. 622.

48. Trust Fund.--Corporation property is a trust fund for creditors, and cannot lawfully be diverted to any other purpose.-Sweeney v. Heap O'Brien Mining Co., Mo., 186 S. W. 739. 49.

Deeds-Blank for Name.-A blank signed deed cannot be given life by act of the grantee in filling it in under oral authority from the grantor.-Barras v. Barras, Mich., 158 N. W.

192.

son

50.-Delivery.-Where a mother nine years before death made a deed of å farm to a and left it in escrow to be delivered upon her death, but shortly before her death sent for it and destroyed it, there was a delivery.-Peterson v. Bisbee, Mich., 158 N. W. 134.

51. -Undue Influence.-That grantee was for 14 years during her childhood and early womanhood employed by grantor does not show undue influence in absence of proof of fiduciary relation shifting burden of proof.-Masterson v. Sheahan, Mo., 186 S. W. 524.

52. Dedication-Estoppel-Where parties who had dedicated four-rod highway, which only affected their side of way, bought land on other side, held three years, and sold to plaintiff, the line fence remaining, and their deed to plaintiff bounding land on west by highway. plaintiff was not bound to recognize highway as four rods in width.-Cronin V. Janesville Traction Co., Wis., 158 N. W. 254.

53. Electricity-Franchise.-The provisions of an electric light power franchise that the city receive certain free service based on the number of subscribers and that a list of such subscribers be filed semi-annually with the city clerk, are valid conditions and constitute part of the franchise.--City of Yonkers V. Yonkers Electric Light & Power Co., N. Y., 159 N. Y. Supp. 439.

54. Negligence. It is negligence for electric light company to maintain in streets of city "primary wire" carrying high voltage of

electricity, without insulation.-Duncan Electric & Ice Co. v. Chrisman, Okla., 157 Pac. 1031. 55. Eminent Domain-Damages. In proceedings for condemnation of land flowed by a dam, testimony as to the difficulty of tiling that part of a landowner's farm affected by the back water from the dam is competent on the question of damages.-Southern Indiana Power Co. v. Keane, Ind., 112 N. E. 1004.

56. Jurisdiction.-Where the record of a condemnation proceeding is silent as to a step necessary to confer jurisdiction, it must be assumed, in the absence of other showing, that every requirement necessary to confer jurisdiction was complied with.-Young v. Red Fork Levee Dist., Ark., 186 S. W. 604.

57. Special Assessment.-Where a city took possession of property condemned for street widening with the consent of the owners and failed to levy special assessments to pay the judgments for compensation, the Owners are entitled to interest on the judgments.-Mecartney v. City of Chicago, Ill., 112 N. E. 675. 58.

Execution Fraud.-The sale of property at execution sale by a sheriff in his official capacity does not prevent his purchasing it thereafter as an individual from the purchaser at such sale, where such purchase is not in pursuance of fraud, collusion, or prearrangement. Myers v. Drago Grain Co., Miss., 71 So. 874. 59. False Imprisonment-Probable Cause.Before there can be probable cause warranting the arrest of a person, there must be at least some information connecting him with the alleged offense. Schneider v. Shepherd, Mich., 158 N. W. 182.

60. False Pretense-Forgery. In trial for obtaining money by false pretenses based on presentation of forged check for payment, court properly charged that defendant could not be convicted unless check was forged or altered at time of presentation.-Griffith v. State, Ohio, 112 N. E. 1017.

61. Fraud - Misrepresentation. - Failure of stockholder to investigate before paying another stockholder for stock purchased from a third person, held not to destroy his right of action for misrepresenting the price which must be paid to induce the third person to sell.-Voorhees v. Cragan, Ind., 112 N. E. $26. 62. Gaming-Recovery of Payment.-Where defendant paid money Won in a gambling transaction to plaintiff, who afterwards returned it as part payment of a subsequent loss, he cannot recover the same.-Hutton v. Curry, Ohio, 112 N. E. 1019.

63. Guaranty Condition. Guaranty of company, indorsed on back of another's stock, to pay dividends on such stock of the other, if itself failed to do so, was conditional upon continued existence of such other, although there was a clause in guaranty fixing its duration and providing that it should continue during life of guarantying company.-Stagg V. Spray Water Power & Land Co., N. C., 89 S. E. 47.

64. Husband and Wife-Joint Recovery.There is no error in allowing a joint recovery by a husband and wife on a contract signed by the husband, to which the wife added the words, This is satisfactory to me," and signed WV. her name.--Cutler v. Spens, Mich., 158 N. 224.

65. Indictment and Information-Wife Desertion.-An indictment for wife desertion, making the charge virtually in the language of the statute, which does not use the word "willfully" in describing the offense, is sufficient.-Miller v. State, Ark., 185 S. W. 789.

66. Insurance---Accidents.-A liability insurance policy, pursuant to Workmen's Compensation Act, limiting liability to accidents occurring in the contracting and building business of the employer, does not cover accidents in work not connected with such business-Bayer v. Bayer, Mich., 158 N. W. 109.

67.-Change of Beneficiary. Where the constitution of a benefit insurance association permitted change of beneficiary upon signing of a waiver of original certificate, insured had right, without consent of beneficiary or notice to beneficiary by association, to change beneficiary

in his policy, as first beneficiary has no vested right in policy.-New Era Ass'n v. Kuyat, Mich., 158 N. W. 119.

Compromise.-Holder

recover

68. of automobile accident insurance policy, who failed to pay $3,750, which decedent's administratrix offered to accept in settlement of any damage recovered in excess of $5,000, could not against insurance company damages occasioned by excess judgment recovered on account of company's failure to accede to compromise.-McAleenan v. Massachusetts Bonding & Ins. Co., N. Y., 159 N. Y. Supp. 401.

69.- -Estoppel.-That insurer refused payment when conditions precedent to payment had not been complied with, would not estop insurer from defending on ground of failure to furnish notice of fire and proof of loss as required by contract.-Bailey v. First Nat. Fire Ins. Co. of Washington, D. C., Ga., 89 S. E. 80. 70. Obvious Risk.-Passenger on railway train did not as matter of law expose himself to obvious risk of injury within accident policy by going on platform of moving car preparatory to getting off at station.-Gillis Duluth Casualty Ass'n, Minn., 158 N. W. 252.

V.

71. Interest-Judgment for Damages.-Interest may be allowed by state on a judgment for plaintiff under Employers' Liability Act from the time it was rendered, if judgment is affirmed on appeal.-Louisville & N. R. Co. V. Stewart, U. S. S. C., 36 S. Ct. 586.

72. Intoxicating Liquors Damages.--In action against saloonkeeper under Civil Damage Act, plaintiff may recover for mental suffering caused by her disgrace from her husband's besotted condition in SO far as it was contributed to by defendant's alleged illegal sales to him.-Baker v. Mohl, Mich., 158 N. W. 187.

73. Indictment and Information.-Information charging unlawful conveyance of intoxicating liquors must allege place in County from and to which conveyance was made if known, and, if unknown, it must be so alleged. -Robbins v. State, Okla., 157 Pac. 1027.

a

75. Tender. Where tenant in good faith attempted to make payments of rent by check as was his custom, and landlord refused check, requiring payment in "money," tender thereafter of rent in currency was sufficient.-Burritt v. Lunny, Conn., 97 Atl. 756.

76. Libel and Slander-Candidate.--Where plaintiff was a candidate for office, an affidavit imputing to him a statement that he had been pandering to the Catholic vote long enough, was not libel per se.-Taylor v. Moseley, Ky., 186 S. W. 634.

77.- -Defamatory Character.-The statement by the father of plaintiff's husband, made to her father, that she was four months advanced in pregnancy when she had been married only about seven weeks, was slanderous per se, without any innuendo to show the defamatory character of the statement.-Davis v. Davis, Tex., 186 S. W. 775.

78. Criminal Libel.-An information charging the publication of an article in defendant's newspaper charging the prosecuting attorney with misconduct rendering him unfit to occupy that position and bring him into public scandal and disgrace, charged a criminal libel.-Nicholson v. State, Wyo., 157 Pac. 1013.

79. Master and Servant-Assumption of Risk. -Head brakeman of freight train does not

v. New York, P. & N. R. Co., U. S. S. C., 36 S. Ct. 592.

81. -Assumption of Risk.-Railway fireman injured by stumbling over cinders between tracks while boarding a moving train with can of drinking water in his hand held to have assumed the risk of the situation where he had knowledge of the cinders.-Jacobs v. Southern Ry. Co., U. S. S. C., 36 S. Ct. 588.

82. Evidence.-Where person who threw missile appeared to be in charge of circus tent and grounds and openly engaged in taking down tent, jury may infer that he was in employ of circus owners, in control of their property.-Robinson v. Doe, Mass., 112 N. E.

1007.

83. Hazardous Employment.-An employe, whose principal duty is to sell women's clothing, is not engaged in a hazardous occupation, within group 38 of section 2, Workmen's Compensation Act, merely because in the course of his duty as salesman he incidentally goes to the factory to obtain completed garments.Lyon v. Windsor, N. Y., 159 N. Y. Supp. 162.

84. Safety Appliance Act.-Abandonment by plaintiff of his claim under federal safety appliance acts in action based on them and Employers' Liability Act, for injuries to a brakeman working an automatic coupler, did not withdraw all evidence of defects in coupler so as to establish as a matter of law, assumption of risk.-St. Louis & S. F. R. Co. v. Brown, U. S. S. C., 36 S. Ct. 602.

85. Reliance on Master.-A member of section crew of lumber company ordered by his foreman to go upon a trestle had the right to assume that there was nothing which rendered it less safe than it appeared to be, and that ordinary care had been exercised to make it as reasonably safe.-Clark County Lumber Co. v. Hannon, Ark., 186 S. W. 615.

86.Workmen's Compensation Act.-Under Workmen's Compensation Act, a workman disabled in the course of his employment by hernia is entitled to compensation, although there was previous structural weakness in the region where the injury occurred.-Bell Hayes-Ionia Co., Mich., 158 N. W. 179.

V.

87. Workmen's Compensation Act.-Under Workmen's Compensation Act, pt. 2. §§ 5, 12, insane wife, who had been in state asylum for nine years prior to decedent's death, supported by the state without contribution from him, held not a dependent, and hence not entitled to participate in award.-Roberts v. Whaley, Mich., 158 N. W. 209.

88. -Workmen's Compensation Act.-Under Const. art. 1, § 18, and Workmen's Compensation Law, §§ 2, 10, 11, 13, 14, 15, 29, 52, and 53, an employe cannot sue for further compensation for pain and suffering or disfigurement after receiving compensation from the employer under the act.-Connors v. Semet-Solvay Co., N. Y., 159 N. Y. Supp. 431.

action for

89. Wrongful Discharge.-In wrongful discharge of company of actors without two weeks' notice provided for in written contract of employment made by defendant's general manager, defendant is presumed by law to have knowledge of contract under which plaintiffs were playing at his theater.-Ferguson v. Majestic Amusement Co., N. C., 89 S. E. 45.

90. Mines and Minerals-Implied Covenant.In oil and gas lease for specific term requiring lessee to drill well or pay stipulated rental for delay, there is no implied covenant for diligent operation.-Carper v. United Fuel Gas Co., W. Va., 89 S. E. 12.

backed truck out of alleyway and collided with her car to its injury.-Zageir v. Southern Express Co., N. C., 89 S. E. 43.

93. Ordinance.--Ordinance, requiring ratproofing to check bubonic plague, is not invalid on ground that bubonic plague is cognizable only by the state board of health.-City of New Orleans v. Mangiarisina, La., 71 So. 886.

94. Res Ipsa Loquitor.-That a team is running away on a city street, unattended by any person, raises the presumption of negligence against the owner, but no such presumption arises if the team is accompanied by the driver.-Willis v. Semmes, Miss., 71 So. 865.

occupant

95. Negligence-Imputability.-An of an automobile as a guest of the owner on the occurrence of an accident, due to the negligence of the driver, over whom the occupant exercised no direction or control, was not liable

to one injured thereby.-Hutchings v. Vacca, Mass., 112 N. E. 652.

96. Novation-Additional Security. In action for balance due on note given as collateral for a loan, signed by defendant as indorsers, held that, where payee merely received another party as an additional debtor and continued to hold the other claims as still existing, the principal debt and the accommodation indorser's obligation were not extinguished by novation. Commercial Nat. Bank v. Sanders, La., 71 So. 891.

Abatement.

97. Nuisance Those whose common private rights are affected by a public nuisance have such a community interest as entitles them to unite in an action to abate it. -Louisville & N. R. Co. v. Franklin, Ky., 186 S. W. 643.

98. Partnership-Evidence.-In action against a drug store partnership for coal ordered, evidence that order was on the firm letter head and by the firm signature, but by one partner for his individual account unknown to the other partner, held to warrant a verdict only against the ordering partner individually.-Reed Coal Co. v. Fain, N. C., 89 S. E. 29.

unau

99. Principal and Agent Ratification. Knowingly accepting the benefits of an thorized employment amounts to a ratification of such contract of employment, as is in the nature of an estoppel to deny the authority to make such contract.-National Life Ins. Co. v. Headrick, Ind., 112 N. E. 559.

100. Scope of Authority.-The act of reducing a contract of employment to writing is within the apparent authority of the general manager of a theatrical enterprise.-Ferguson v. Majestic Amusement Co., N. C., 89 S. E. 45.

101. Principal and Surety-Contribution.-If one or more of the co-sureties in a suit for contribution are insolvent, the complainant can in equity obtain a proportionate increase of contribution from the others who are solvent.Comstock v. Potter, Mich., 158 N. W. 102.

102. Railroads-Instruction.-Where evidence showed that defendant's train blocked street crossings one-half hour at midnight, preventing plaintiff from reaching home, causing illness, and ruining her wearing apparel, peremptory instruction for defendant was error.-Parker v. Southern Ry. Co. in Mississippi, Miss., 71 So.

104. Priority. Where it was adjudged that it was necessary that a receiver be appointed to operate a business as a going concern, receiver's certificates ordered by the court to meet the necessary expenditures of such operation take priority over prior indebtedness of the concern-Armour & Co. v. People's Laundry Co., N. C., 89 S. E. 19.

105. Sales Contract.-It is proper for the seller of fertilizer to limit his liability by inserting in the sale contract a proviso that he shall not be liable for any results of the use of fertilizer or for any loss of crops.---Carter v. McGill, N. C., 89 S. E. 28.

a

107.Goods to be Manufactured.-Where a contract for goods to be manufactured required delivery within 56 days after furnishing specifications, to be furnished by defendant on certain date, although defendant failed to furnish them until 2 days thereafter, plaintiff was not relieved from delivery within 56 days of the date of furnishing the plans. Federal Terra Cotta Co. v. Potterton Bros., N. Y., 159 N. Y. Sup. 121.

108.- -Implied Warranty.-A provision in a contract for sale of automobiles that "the cars are 1912 models and are to stand sold as they are of this date in consideration of the special price" negatived an implied warranty that cars were reasonably fit for the use intended.Detroit Trust Co. v. Engel, Mich., 158 N. W. 123.

109. Mistake in Telegram.-Where plaintiff sent a message offering to buy cotton seed at $20, but the telegraph company delivered a message offering to buy at $22, plaintiff would not be compelled to accept the seed at $22.Mt. Gilead Cotton Oil Co. v. Western Union Telegraph Co., N. C., 89 S. E. 21.

110. Specific Performance-Option.-Specific performance is a proper remedy to enforce the terms of a valid option the holder of which has tendered payment within the specified time.Cozad v. Johnson, N. C., 89 S. E. 37.

111. Taxation Collection of Tax.-A collector's statement that the tax on property sold was unpaid, and that he had not been able with diligent inquiry to discover any personal property out of which it could be collected by levy and sale, was a sufficient reason for failure to collect.-Smith v. Russell, N. Y., 159 N. Y. Sup.

169.

112. Injunction.-One liable for taxes having personal property in the county out of which the tax may be made may enjoin sale of his realty for payment of such taxes.-Barnum v. Rallihan, Ind., 112 N. E. 561.

113. Telegraphs and Telephones-Illegal Purpose. A public telephone company cannot be required to furnish service to subscribers for use in illegal purposes.-People ex rel. Restmeyer v. New York Telephone Co., N. Y., 159 N. Y. Sup. 369.

114.. -Negligence. Plaintiff, who claimed damages for error in transmitting a telegram, could not recover expenses of a trip which merely followed and had to do with correcting the error, but was not made necessary by it and did not result from it.-Mt. Gilead Cotton Oil Co. v. Western Union Telegraph Co., N. C., 89 S. E. 21.

115. Trover and Conversion-Damages.-The measure of damages for the conversion of an automobile is the value of the car at the time converted, with interest thereon.-Baxter v. Woodward, Mich., 158 N. W. 137.

a

116. Trusts Confidential Relation.-That grantee had been grantor's counsel prior to the date of the conveyance would not of itself establish a fiduciary relationship sufficient to justify a decree of constructive trust in favor of grantor.-Koehler v. Haller, Ind., 112 N. E. 527.

117. Vendor and Purchaser-Notice.-Where an innocent purchaser for value without notice had knowledge that the barn of an adjoining owner projected slightly over the boundary line, he was charged with notice only of such owner's claim to the land actually occupied.Robertson v. Smith, Mich., 158 N. W. 207.

118. Weapons-Negligence.-Parents of boy not quite 16 were not guilty of negligence solely because they put a shotgun into his hands.— Wood v. O'Neil, Conn., 97 Atl. 753.

119. Wills Children. In respect to wills and statutes, the word "children" will also include "grandchildren," where intention to use the word in such broader extent is evident. In re Meng, N. Y., 159 N. Y. Sup. 535.

Justice Pitney's advice to appellate judges at the last meeting of the American Bar Association, not to make excursions into the record unaccompanied by counsel, might well be applied to questions of law as well as fact. For while some judges may have the ability as well as the time to obtain a complete grasp of all the law and facts of a particular case so as to be able to reach an independent judgment unassisted by counsel, yet in the great majority of cases this is not true and such independent researches are usually superficial or go off upon some hobby or pet theory of the judge himself. This fact is well illustrated by the opinion of the Supreme Court of Minnesota in the recent case of McAlpine v. Fidelity & Casualty Co., 158 N. W. 967, in which the court in construing the meaning of a certain statute, astonished counsel on both sides by stating that "from the record" it was evident that counsel had not discovered the real solution of the problem involved in a proper construction of the law in question and that the court itself would proceed to give the proper solution.

The action in this case was on an accident policy for accidental death of plaintiff's husband. One of the defenses interposed was that Mr. McAlpine misrepresented his physical condition.

There are two sections of the Minnesota Insurance code that seemed to be applicable. Section 1623 provided:

"No oral or written misrepresentation. made by the assured, or in his behalf, in the negotiation of insurance, shall be deem

ed material, or defeat or avoid the policy, or prevent its attaching, unless made with intent to deceive and defraud, or unless the matter misrepresented increases the risk of loss."

The defendant relied on this section and secured from the trial court an instruction in conformity thereto. The plaintiff, however, relied on Section 1693, which provided as follows:

"In any claim upon a policy issued in this State without previous medical examination, or without the knowledge or consent of the insured, or, in case of a minor, without the consent of his parent, guardian, or other person having his legal custody, the statements made in the application as to the age, physical condition, and family history of the insured shall be valid and binding upon the company, unless willfully false or intentionally misleading.'

A verdict having been rendered for defendant, the trial court repented its "error" and granted a new trial on the theory that Section 1693 covered accident policies, and, being issued "without previous medical examination," should not be avoided for misrepresentation unless "willfully false or intentionally misleading."

The briefs of counsel, as our investigation has proved, argued the question along the line of the distinction alleged and denied as existing between life and accident insurance. Defendant contended that Section 1693 being found in a chapter entitled "Life Insurance Companies," was presumed to apply only to life insurance, while plaintiff countered by showing that such chapter applied to insurance "conditioned upon the cessation of human life," and as the policy sued upon was for "accidental death," it came within such definition and properly classified as life insurance, citing Logan v. Casualty Co., 146 Mo. 115; Johnson v. Fidelity & Casualty Co. (Mich.), 151 N. W. 593.

But the Supreme Court of Minnesota, ignoring the contentions of counsel, proposes a solution of its own which, to say the