defendants' services.-Dorr v. Dudley & Coffin | Of broker, see "Brokers," § 1. (Iowa) 203.

*Plaintiff held to have ratified his sons' employment of defendants to prosecute an appeal, and was liable for the value of defendants' services on the appeal.-Dorr v. Dudley & Coffin (Iowa) 203.

Of building and loan association, see "Building
and Loan Associations."

Of corporate officer or agent, see "Corpora-
Of county attorney, see "District and Prosecut-
tions," § 5.
ing Attorneys."

Of justice of the peace, see "Justices of the
Peace," 1.

*Under Code, § 321, an attorney filing a no-
tice of a lien on a judgment held entitled to a
lien as against the judgment debtor, who may
pay the same to the clerk on condition that he
turn over to the attorney the amount of his
compensation.-Hubbard v. Ellithorpe (Iowa) Use of highways, see "Highways," § 6.

796.

*An attorney, by complying with Code, § 321, held entitled to a lien on a money judgment

AUTOMOBILES.

BAGGAGE.

representing a wife's interest in the property of Of passenger, see "Carriers," § 8.
her husband awarded in a suit by her for di-
vorce.-Hubbard v. Ellithorpe (Iowa) 796.

An attorney seeking to recover for services for a wife, the wife held required to show negligence of the attorney in failing to procure larger attorney's fees from her husband.-Hubbard v. Ellithorpe (Iowa) 796.

In an action to recover attorney's fees for services in procuring a divorce for a wife and to establish a lien, the wife held not entitled to complain of a personal judgment against her.Hubbard v. Ellithorpe (Iowa) 796.

In a suit by an attorney for services in procuring a divorce for a wife and to establish lien, the husband is not a necessary party.-Hubbard v. Ellithorpe (Iowa) 796.

An assignment of a judgment in favor of prosecutrix in bastardy after the filing of the attorney's lien does not affect the lien, and the assignee takes subject thereto.-Taylor v. Stull (Neb.) 577.

*Under Cobbey's Ann. St. 1903, § 3607, providing for attorneys' liens, a judgment in favor of prosecutrix in bastardy is subject to the lien of her attorneys.-Taylor v. Stull (Neb.) 577.

ATTORNEY GENERAL.

*The Attorney General of the state possesses, in addition to the authority expressly conferred upon him by statute, all common-law powers incident to the office.-State v. Robinson (Minn.)

269.

The power conferred by a city charter upon the council to remove officers held not exclusive, but that the Attorney General might maintain an action under Rev. St. 1905, § 4545, to remove the mayor of a city and recover the penalty as provided by section 1562 for failure to make complaint of known violations of the liquor law, as required by section 1561.-State v. Robinson (Minn.) 269.

Under Rev. St. 1905, § 4545, the Attorney General may maintain an action to remove the mayor of a city and recover the penalty pre scribed by section 1562 for failure to make complaint of known violations of the liquor law, as required by section 1561, notwithstanding the provision of section 1561 that the county attorney shall prosecute all cases arising under the chapter.-State v. Robinson (Minn.) 269.

AUCTIONS AND AUCTIONEERS. Municipal regulation, see "Municipal Corporations," § 7.

AUTHORITY.

Of agent, see "Principal and Agent," § 1.
Of attorney, see "Attorney and Client," § 1.
Of attorney general, see "Attorney General."

BAILMENT.

See "Banks and Banking," § 2.
Embezzlement or larceny by bailee, see "Em-
bezzlement."

BANKRUPTCY.

and

§ 1. Assignment, administration, distribution of bankrupt's estate. Where an agent agrees to be liable to his principal for any damage to property in his hands through fire, the money due from an insurance company to the agent on account of loss under its policy is a debt to the agent, and on debts.-David Bradley & Co. v. Brown (Neb.) his bankruptcy becomes liable for his general

331.

§ 2. Rights, remedies, and discharge of bankrupt.

*A surety on an injunction bond given in a suit to restrain the enforcement of a judgment is not released by discharge of his principal in bankruptcy.-Stull v. Beddeo (Neb.) 315.

BANKS AND BANKING.

Agreement by bank to apply funds in its hands to satisfaction of notes as payment, see "Bills and Notes," § 4.

Check as assignment of funds in bank, see “As-
signments," § 1.

Competency of witnesses as to custom of bank,
Consideration of contract for purchase of bank
see "Witnesses," § 1.
Election of remedy for wrongful diversion of
stock, see "Contracts," § 1.
funds, see "Election of Remedies."
Harmless error in rulings in action by bank on
Notice to agent of bank as notice to bank, see
note, see "Appeal and Error," § 19.
"Principal and Agent," § 1.

Questions for jury in general in action on cer-
tificate of deposit, see "Trial," § 4.
Reception of evidence in action on note, see
"Trial," § 2.

Release of liability for embezzlement of funds,
see "Release," § 1.

Requirements of statute of frauds as to contract for sale of bank stock, see "Fraud, statute of." § 2.

Settlement of claim by bank for embezzlement by cashier, see "Compromise and Settlement." Taxation of bank deposit, see "Taxation," § 4. Taxation of banks and bank stock, see "Taxation," §§ 1, 5.

Withdrawal of bank deposit as accord and satisfaction, see "Accord and Satisfaction."

§ 1. Banking corporations and associations.

Under Code, § 1629, held, a stockholder of a bank whose charter has expired cannot insist *Point annotated. See syllabus.

that indebtedness for which he is sought to be
held liable under the double liability law was
not such as he was liable to assessment for as
a stockholder.-Elson v. Wright (Iowa) 105.

cover against the bank as for money received.-
Lonier v. State Sav. Bank (Mich.) 1119.

ment," § 9.

BAR.

*Under Code, § 1882, creating a double lia-
bility against certain bank stockholders, held Of action by former adjudication, see "Judg-
that, to make an assessment binding upon a
stockholder, he must be brought into the litiga-
tion individually before the assessment.-Elson
v. Wright (Iowa) 105.

*Under Code, § 1882, creating "double liabili-
ty" against certain bank stockholders, an assess-
ment in a bank receivership proceeding is the
proper method to enforce the liability.-Elson
v. Wright (Iowa) 105.

A bank continuing to transact business after
its charter has expired is a de facto corporation;
the stockholders not becoming liable only as
partners on the charter's expiration.-Elson v.
Wright (Iowa) 105.

§ 2. Functions and dealings.

Under Negotiable Instruments Act (Acts 29th
Gen. Assem. p. 85, c. 130; Code Supp. 1902, §
3060-a42) § 42, held that it was competent for
plaintiff, in an action on a certificate of deposit
made payable to S. as cashier of the defendant
and indorsed by him as cashier, to show that S.
was the cashier of the defendant bank and was
acting in that capacity in transferring the cer-
tificate sued on.-Johnson v. Buffalo Center State
Bank (Iowa) 165.

BASTARDS.

Attorney's lien on judgment in bastardy pro-
ceedings, see "Attorney and Client," § 2.
Authority of governor to pardon person convict-
ed of bastardy, see "Pardon."
Rights of illegitimate children of Indian allot-
tees, see "Indians."

§ 1. Proceedings under bastardy laws.
*In a bastardy proceeding, held defendant
could not be convicted unless the jury found
the act was committed on a specified day.-
Menn v. State (Wis.) 38.

*Evidence in a bastardy proceeding held to
support a verdict of guilty.-Menn v. State
(Wis.) 38.

In a bastardy proceeding, inconsistency be-
Menn v. State (Wis.) 38.
tween instructions held to warrant a reversal.-

In a bastardy proceeding, held improper to
instruct that the interest of the state and
county to be relieved from expense by reason
of the illegitimate child is at stake and that,
therefore, the case is "equally important" to
both sides.-Menn v. State (Wis.) 38.

BATTERY.

In an action by a bank on a note given to
it in part payment of a draft on a banking
firm which failed before the draft was paid,
evidence examined, and held sufficient to carry
the case to the jury upon the question whether,
in view of all the facts, the bank in the issuance
of the draft could reasonably rely upon the See "Assault and Battery."
drawee of the draft to honor it, if presented
for payment within a reasonable time.-West
Branch State Bank v. Haines (Iowa) 552.

In an action by a bank on a note given it
for a draft which was not paid because of
failure of drawee, evidence of advice and prom-
ises of director of bank held admissible.-West
Branch State Bank v. Haines (Iowa) 552.

*In an action to recover the funds of a bank
held that defendant cannot, as against a show-
ing that the cashier acted without authority in
diverting the funds of the bank to his own use,
insist on the right to retain them.-Home Sav.
Bank of Iowa Falls v. Otterbach (Iowa) 769.
In a suit by a bank to recover funds diverted
by its cashier for payment of his individual
debt to defendant held, that defendant cannot
claim an estoppel as against the bank. Home
Sav. Bank of Iowa Falls v. Otterbach (Iowa)

769.

Where the cashier of a bank without authority
used the bank funds to pay his individual debt,
no ratification of his unauthorized act arose
by the bank attempting to hold the cashier in-
dividually liable for the funds wrongfully di-
verted.-Home Sav. Bank of Iowa Falls v. Ot-
terbach (Iowa) 769.

In an action by a bank to recover its funds
used by its cashier in payment of his individual
debt to defendant, the burden of showing that
the bank was estopped to deny the authority of

the cashier to use the funds for his own benefit
was on defendant.-Home Sav. Bank of Iowa
Falls v. Otterbach (Iowa) 769.

*Where plaintiff's drummer without authority
cashed checks payable to plaintiff taken from
plaintiff's customer, and absconded without ac-
counting for the money, the checks did not
transfer to the bank the customer's money for
plaintiff's use so as to entitle plaintiffs to re-

BENEFICIAL ASSOCIATIONS.

Building or loan associations, see "Building and

Loan Associations."

Mutual benefit insurance association, see "in-
surance," § 10.

An agreement between the parties to a mutual
benefit certificate that they shall be bound by
after-enacted by-laws is valid.--Wineland
Knights of Maccabees of the World (Mich.) 696.

V.

Where a beneficial association reincorporated
after issuing a certificate to complainant, after
10 years after the reincorporation held too late
for complainant to insist that his certificate
shall be treated, as to assessments, otherwise
than as if it had been issued after such reincor-
poration.-Wineland v. Knights of Maccabees of
the World (Mich.) 696.

Rights of a beneficial association to increase
the rate of assessment under existing certifi-
cates stated.-Wineland v. Knights of Maccabees
of the World (Mich.) 696.

Contract rights of a member of a beneficial
association held not violated by a modification
of the association's plan, so that after becoming
70 years old the member might not receive the
endowment without payment of assessments.-
Wineland v. Knights of Maccabees of the World
(Mich.) 696.

If a beneficiary certificate was ultra vires
when issued, held the objection was removed by
the association's reincorporation under Act No.
119, p. 186, Laws 1893 (Comp. Laws 1897, 88
7740-7759), and by the adoption of a by-law.
Wineland v. Knights of Maccabees of the World
(Mich.) 696.

Under an agreement in a beneficial certificate,
held, that the association may not eliminate the
*Point annotated. See syllabus.

provision for an old-age benefit therein.-Wine- | Spider Lake Sawmill & Lumber Co. (Wis.)
land v. Knights of Maccabees of the World 29.
(Mich.) 696.

Where under a beneficial certificate a member
is entitled to an old-age or total disability bene-
fit, held he did not waive his right to it.-Wine-
land v. Knights of Maccabees of the World
(Mich.) 696.

A fraternal beneficiary association held engag-
ed in the sale of endowments, prohibited by
law. National Protective Legion v. O'Brien
(Minn.) 1050.

Rev. Laws 1905, §§ 1594, 1703, held to pro-
hibit the sale of endowments by fraternal bene-
ficiary associations.-National Protective Legion
v. O'Brien (Minn.) 1050.

See "Wills."

BEQUESTS.

BEST AND SECONDARY EVIDENCE.
In civil actions, see "Evidence," § 4.

BIAS.

Of juror, see "Jury," § 3.

BILL OF LADING.

See "Carriers," § 2.

BILLS AND NOTES.

See "Principal and Surety."

By or to bank, see "Banks and Banking," § 2.
Harmless error in rulings in action on note, see
"Appeal and Error," § 19.
Insurance premium notes, see "Insurance," § 4.
Notes given in compromise or settlement, see
"Compromise and Settlement."

Notes secured by mortgage, see "Mortgages."
Of building and loan association, see "Building
and Loan Associations."

Parol or extrinsic evidence, see "Evidence," §

10.

Questions for jury in general in action on note,
see "Trial," § 4.

Reception of evidence in action on note, see
"Trial," § 2.

Secured by chattel mortgage, see "Chattel Mort-
gages."

§ 1. Requisites and validity.

*Under Negotiable Instruments Act (Acts 29th
Gen. Assem. p. 81, c. 130; Code Supp. 1902,
§§ 3060a-14, 3060a-52) held that, where defend-
ants signed a bank note and delivered it to P.,
who filled in the blanks making it payable to
plaintiff and delivered it to him, plaintiff was
not a holder in due course, and the note, not
being filled in in accordance with his agreement
with defendants, was not enforceable by plain-
tiff against them.-Vander Ploeg v. Van Zuuk
(Iowa) 807.

*Where a joint and several note, purporting
to have been signed by several persons, comes
before maturity into the hands of a bona fide
holder, the fact that some of the signatures
are forged does not affect the liability of the
signers whose signatures are genuine.-First
Nat. Bank v. Shaw (Mich.) 904.

Ownership by a corporation of note blanks
signed by an accommodation maker, which were
filled out and indorsed in the name of a cor-
poration by its treasurer, without authority,
is not the ownership of the notes.-Pelton v.

Alleged maker and endorser of a note held
accommodation parties at most.-Pelton v. Spi-
der Lake Sawmill & Lumber Co. (Wis.) 29.
§ 2. Rights and liabilities on indorse-
ment or transfer.
In a suit on
held insufficient to impute notice to plaintiff, a
a certificate of deposit, facts
holder in good faith for value, that the certif-
icate was not negotiated in the regular course
of business.-Johnson v. Buffalo Center State
Bank (Iowa) 165.

Under Negotiable Instruments Act (Acts 29th
Gen. Assem. p. 85, c. 130; Code Supp. 1902, §
3060-a42) § 42, in a suit on a bank certificate
of deposit, where plaintiff was a bona fide hold-
er, it was not competent for the bank to show
that the cashier in issuing it was making use of
his official title in his own individual interest.—
Johnson v. Buffalo Center State Bank (Iowa)
165.

*A bank, by purchasing or discounting a
note for a depositor and giving him credit, held
not, so long as no part of the deposit is drawn
out, a bona fide purchaser for value.-Union
Nat. Bank v. Windsor (Minn.) 999.

A bank discounting a note for a depositor
and giving him credit held a bona fide purchaser
if the full amount of the deposit is drawn out,
or the deposit account is reduced to an amount
less than the proceeds of the discounted papers.
-Security Bank of Minnesota v. Petruschke
(Minn.) 1000.

*A writing on the back of a note by its
payee, guaranteeing its payment and waiving
notice of nonpayment and demand, makes the
person to whom it was transferred an indorsee.
-Mullen v. Jones (Minn.) 1048.

*The creditor of the maker of a note payable
to the order of a third person, who accepts that
note, with collateral security and indorsed by
the payee in payment of a pre-existing debt, is
a holder for value.-E. S. Woodworth & Co. v.
Carroll (Minn.) 1054.

dorses the same held not a guarantor.-A. B.
*A person not a party to a note who in-
Farquhar Co. v. Higham (N. D.) 557.

A payee in notes secured by mortgage, who
transferred them with the mortgage, with in-
dorsement, "By agreement with recourse after
all security has been exhausted," held liable to
pay only the balance due after the security had
been exhausted.-Smith v. Bradley (N. D.)
1062.

Facts held sufficient to put holder of a note
on inquiry.-Pelton v. Spider Lake Sawmill &
Lumber Co. (Wis.) 29.

Where plaintiffs accepted a note for a past
indebtedness of a partnership under circum-
stances which put them on inquiry as to an
unauthorized endorsement of a corporation's
name, they are not bona fide holders as to the
corporation.-Pelton v. Spider Lake Sawmill &
Lumber Co. (Wis.) 29.

Where notes purporting to be indorsed by
a corporation by its treasurer are such as to
put plaintiff on inquiry, the corporation cannot
be bound unless indorsement was made by spe-
cial authority or it receives the consideration
therefor.-Pelton v. Spider Lake Sawmill &
Lumber Co. (Wis.) 29.

*A bank which purchased a note and credited
the price to the account of the seller held a pur-
chaser for value.-Northfield Nat. Bank v.
Arndt (Wis.) 451.
*Point annotated. See syllabus.

3. Presentment, demand, notice, and
protest.

Findings held insufficient to sustain judgment
against the indorser.-A. B. Farquhar Co. v.
Higham (N. D.) 557.

*An indorser is not liable until presentment
to the maker and notice to the indorser of such
presentment.-A. B. Farquhar Co. v. Higham
(N. D.) 557.

4. Payment and discharge.

An agreement by a bank to apply funds of
defendant in its hands to the payment of de-
fendant's notes held not a satisfaction of the
notes.-Marengo Sav. Bank v. Kent (Iowa) 767.

5. Actions.

In an action by a bank on a note given to
it in part payment of a draft on a banking firm
which failed before the draft was paid, wheth-
er there was unreasonable delay in presenting
the draft for payment held, under the facts in
the case, to be a question for the jury.-West
Branch State Bank v. Haines (Iowa) 552.

*In an action on notes held, that under the
evidence the question of satisfaction and pay-
ment was for the jury.-Marengo Sav. Bank v.
Kent (Iowa) 767.

Evidence held admissible on the genuineness
of the signature to a note.-Ayrhart v. Wilhel-
my (Iowa) 782.

A clause in a letter written by defendant to
plaintiff held not to estop defendant from deny-
ing the execution of the note sued on.-Acme
Food Co. v. Tousey (Mich.) 484.

In an action on a note, notice held sufficient
to put the execution and validity of the note in
issue and admit the defense of forgery.-First
Nat. Bank v. Shaw (Mich.) 904.

*In an action on a note, notice held sufficient
to justify the requirement that plaintiff show
the execution of the note.-First Nat. Bank v.
Shaw (Mich.) 904.

Evidence held to show plaintiff a bona fide
holder for value before maturity of a note ex-
ecuted by defendant and indorsed to him by its
payee.-E. S. Woodworth & Co. v. Carroll
(Minn.) 1054.

BOARDS.

Review of proceedings before license board, as
dependent on record on appeal or writ of er-
ror, see "Appeal and Error," § 5.

BONA FIDE PURCHASERS.

As against judgment lien, see "Judgment," § 11.
From vendee under conditional sale contract, see
"Sales," § 8.

Of bill of exchange or promissory note, see
"Bills and Notes," § 2.

Of lands, see "Vendor and Purchaser," § 3.
Of mortgaged chattels, see "Chattel Mortgages,"
§ 1.

BONDS.

Of liquor dealers, see "Intoxicating Liquors,"
$3.
Sureties on bonds, see "Principal and Surety."
Bonds for performance of duties of trust or
office.
See "Officers," § 3.
County officers, see "Counties," § 1.
Municipal officers, see "Municipal Corpora-
tions," § 4.

School officers, see "Schools and School Dis-
tricts," § 1.

Bonds in judicial proccedings.
See "Injunction," § 4.
Giving of, for dissolution of attachment as ap-
pearance, see "Appearance."

*Evidence of the location of the original mon-
uments established by government surveyors
An instruction that the burden of proof was
on plaintiffs generally held substantially cor-dence as to the location of disputed boundary
controls over plats, field notes, and all other evi-
rect.-Pelton v. Spider Lake Sawmill & Lum-lines, where the point at which such monuments
ber Co. (Wis.) 29.
were located can be definitely established.—
Propper v. Wohlwend (N. D.) 967.

*In an action against an alleged endorser
of two promissory notes, evidence held suffi-
cient to sustain a special verdict that the de-
fendant received no consideration for the notes.
-Pelton v. Spider Lake Sawmill & Lumber
Co. (Wis.) 29.

*The execution of or signature to an indorse-
ment of a note, in the absence of a specific
denial under oath of execution or signature, is
to be regarded as in accordance with the facts.
-Milwaukee Trust Co. v. Van Valkenburgh
(Wis.) 1083.

*The production of a note and coupon for
interest, detached from a note, by a person not
named as payee, held to raise a presumption that
the holder became the owner while the coupon
was attached and did not require any indorse-
ments separately from that on the note.-Mil-
waukee Trust Co. v. Van Valkenburgh (Wis.)

1083.

BOARD.

*Where a fence between two quarter sections
of land had been maintained for 25 years, it
would be accepted as marking the true bound-
ary between such sections.-McBride v. Bair
(Iowa) 169.

On the issue of disputed boundary, defend-
ant having acquiesced in the location of a new
fence on the line designated by the surveyor, it
was immaterial whether he agreed to abide the
result of the survey or not.-McBride v. Bair
(Iowa) 169.

*Acquiescence in boundary line for over 25
years held to constitute it the true line.-Quade
v. Pillard (Iowa) 646.

*A party wall held not to establish the bound-
ary line in the rear of the buildings supported
by the wall.-Thoman v. Gross (Mich.) 111.

*An agreement between adjoining landowners
as to a boundary line is binding, though the
line so established is not the original one.-
Breakey v. Woolsey (Mich.) 719.
*Point annotated. See syllabus.

County Board, see "Counties," § 1.

*An owner employing a broker to procure a
purchaser of real estate held entitled, on the
broker failing to procure a purchaser within
Restraining illegal acts of strikers, see "In- the time specified, to sell without becoming li-
junction," §§ 1, 3.

Of contract, see "Contracts," § 5; "Sales," § 4; ing to sell at the stated price, and able to con-
"Vendor and Purchaser," § 2.

On appeal or writ of error, see "Appeal and property for defendant, whether a contract as
Error," 88 5, 7, 22.

*Point annotated. See syllabus.