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However, as to the balance of the statement I beg to differ with you. When a mining claim is located along the course of the vein, 1500 feet long and 600 feet wide, that is to say 1500 feet along the course of the vein and 300 feet on each side thereof, and the apex of the vein is on the claim, the claimant may not go beyond his end lines at all, but is permitted to follow the vein on its dip outside of his side lines.
In case, however, that the prospector has misjudged the proper course of the vein and its strike or course is at right angles to the length of the claim, the end lines may be considered as side lines and he may follow the dip of the vein outside of his end lines, which in that case are considered his side lines. And this latter situation was the basis of the Supreme Court's decision, and is an exceptional case; in all other cases, where the claim is located in the ordinary manner, 1500 feet along the course or strike of the vein the claimant is not allowed to take out ore beyond his end lines.
I trust you will make the necessary corrections for the benefit of such members of the bar .as may not be familiar with the mining laws and decisions.
Yours very truly, Reno, Nev.
JAMES D. FINCII. (We are glad to publish this correction. The law is correctly stated by our correspondent and the mistake in our note was due to oversight.Ed.)
FOXY HIAWATHA. Hiawatha had some nuggets Run and gilded at a foundry Where they molded brassy trinkets To be sold to rural rubes.
Straightway to the station hied he,
Then when shifty sharks besought him To exchange his nifty nuggets For their microbe-haunted greenbacks, He would say, in accents guileless, "Him heap pretty, bright and shiny, “Worth much wampum as a keepsake "To remember Hiawatha, "Honestest of honest Injuns, "And him very finest brass."
HUMOR OF THE LAW.
A captain in the merchant marine, who received much commendation for his courage and endurance during the war, was asked to address a meeting in the West. Ex-President Taft spoke first and at considerable length, and when he had finished the audience rose, almost to a man, to leave the building.
The chairman sprang to his feet, rushed to the edge of the platform, and called excitedly:
"Come back and take your seats. Come back, every one of you! This man went through hell for us during the war, and it is up to us now to do the same for him.-Christian Reg. ister.
They remembered Hiawatha, And in frenzy sent a marshall To arrest him for sharp practice; But our truthful, mirthful hero Cracked a smile in friendly greeting, Cracked a quart of fizzy bubbles, Saying, “Paleface no believe me “When I tell him that my nuggets "Are but shiny, brassy keepsakes "To remember Hiawatha, "Honestest of honest Injuns, "And the stingers sting themselves." Then the merry-hearted marshall Laughed until his kidneys jingled And the hills gave back the echo; Toasted him in sparkling bubbles, Smoked a clear Havana peace pipe, And departed with a chuckle, Saying, “Though your wares be phony, “Yet your wit is finest gold."
A country club housewife hired a darky to carry three tons of coal from the curb. A lit. tle later the housewife discovered that she had no money except a $5 bill. Calling the darky, who was about half through with the job, she asked him if he could change the bill so that he could get his pay.
Weekly Digest of Important Opinions of
State Courts of Last Resort and of the Federal Courts,
Copy of Opinion m any case referred to in this digest mory be procured by sending 25 cents to us or so the Wess Pub. Co., St. Paul, Minn.
Arkansas Delaware Georgia Indiana Kentucky Maine... Maryland. Massachusetts Minnesota Mississippi. Montana. Nebraska. Xew Jersey New York, Yorth Carolina Pennsylvania Texas.. United States C. C. A United States D. C. United States S. C... Washington. West Virginia. Wisconsin
6, 60 .9, 18, 37 30, 38
68 39, 41, 48, 50, 55
57, 63 .21. 24, 34, 53, 54
25, 29, 45 .31, 33, 42 .1, 27, 46 23, 61
64 12, 20, 36
22, 59, 67 7 10, 16, 26, 28, 58
2, 14 56
.3, 4, 5, 35 11, 15, 19, 49, 62 17, 43, 51, 65
32, 40 -44, 47
isdiction to act upon its voluntary bankruptcy petition in the following May, on the ground inat its principal place of business for ine six moths next prior thereto had been in Ohio; for its principal place of business, being in Kentucky prior to the receiversnip, was not. by the appointment of the receiver, shifted to Ohio in re Monarch Oil Corporation, U. S. D. C., 272 Fed. 524.
6. Banks and Banking-Forgery. Where plaintiff bank issued ils cashiers check, payable to its customer moving to another point, and put it in the mail properiy addressed to him at such other point, but it never reached him, and was presented to defendant bank by
negro, who forged the payee's indorsement and received part of the funds called for, having the rest on deposit, and defendant bank endorsed the check on the back with a guaranty of all prior indorsements, and transmitted it to plaintiff bank for payment, which was made, plaintiff bank, after discovery of the forgery, could recover from defendant bank for amount paid -Farmers' Bank & Trust Co. v. Farmers' State Bank of Brookport, Ark., 231 S. W. 7.
7.---Note of Another Bank.-It is not illegal for one national bank to loan money and take a note therefor secured by the stock of another national bank.-Citizens' Nat. Bank V Steven son. Tex., 231 S. W. 364.
8. Bills and Notes-Gambling Debt -The principal that a note for a gambling debt cannot be collected does not extend to suits by an innocent indorsee for value and holder in due course, against the indorser on his contract of indorsement, which is by virtue of C. S. $ 3047,
contract independent of the instrument on which it appears, and guarantees that the note is a valid and subsisting obligation.-Wachovia Bank & Trust Co. v. Crafton, N. C., 107 S. E. 316.
9.-Interest.-When an instrument provides for interest, it runs from the date; where no interest is reserved, interest runs from the date of maturity at the legal rate; and interest on a demand note runs from the time of demand.Jacobs v Murray, Del., 113 Atl. 803.
10.-Negligence of Bank.-Failure of creditor bank to notify its debtor that a note had not been paid until after the death of one to whom the debtor had intrusted funds for its payment and who had misappropriated them, held not actionable negligence available defense in an action on the note.-Shaw v. First State Bank, Tex., 231 S. W. 325.
11. Carriers of Goods-Delivery.-Where car, on arrival at destination, was placed on a public delivery track and notice given a consignee, who accepted the car, broke the seals, and started to unload. there was no delivery of property still in the car, but only a right of access given to it. in order that it might be removed -Michigan Cent. R. Co. v. Mark Owen & Co., U. S. S C., 41 Sup. Ct. 554.
1. Attorney and Client--Payment of Money Awarded.-An attorney who has been lawfully employed by a wife to represent her husband in a partition suit against both of them could lawfully pay the money awarded to the husband to the wife, and is not liable to the husband therefor.-Buckhouse V. Parsons, Mont., 198 Pae. 444. 2 Bankruptcy - Discharge.
discharge granted without notice to creditors is invalid, and a petition by creditors for its revocation is not subject to the limitation of one year prescribed by Bankruptcy Act, § 15, for the filing of a petition for revocation of a discharge on the ground of fraud.—John B Ellison & Sons v. Weintrob, U. S. C. C. A., 272 Fed. 466.
3. Exemption From Arrest -Bankruptcy Act, $ 9, exempting a bankrupt from arrest on civil process on a dischargeable debt becomes effective once on adjudication and entitles the bankrupt to discharge from imprisonment under a previous arrest such a debt.-Ex Parte Harrison, U. S. D. C., 272 Féd. 543.
12. Carriers of PassengersNegligence.-Whether an automobile owner storing his car on the third floor of defendant's garage, was guilty of contributory negligence in injecting his head through an opening between the upper and lower doors of the elevator to shout down the shaft, after efforts, repeatedly exerted by means of ringing the bel), to have the elevator brought to his floor had proved futile, the doors closing and injuring him by some action of the elevator on the lower floor. after having remained stationary for 15 minutes held for the iurv.-Teich v. Seidman's Garage -N. Y. 188 N. Y. S. 488.
13. Charities—Testamentary Trust.-Testamentary trust for benefit of two named missionary associations and "other moral and useful associations" held a valid charitable trust notwithstanding the words "other moral and useful associations": such words being insufficient to allow the fund to be applied to noncharitable purposes, in view of the ejusdem generis rule. -Prime V Harmon, Me., 113 Atl. 738.
Commerce-Interstate.- Where a railway roadmaster engaged in taking an inventory of materials on the property of the road, all of which was in one state, was also engaged 'n supervising the keeping in repair of a track, engaged in interstate commerce, he was em
4.-Principal Place of Business.--Where a mineral spring water company was incorporated in Ohio, in which its spring and producing plant was located, and where it conducted its banking and official business, and held its directors and stockholders' meeting, and its articles named as its principal place of business an Ohio city, and it had an office and sold its product and capital stock in Kentucky, its “principal place of business.” under Bankruptcy Act. $ 2, subd. 1, was in Ohio, not Kentucky.In Re Devonian Mineral Spring Co., U. S. D. C., 272 Fed. 527.
5.-Principal Place of Business-under Bankruptcy Act, $ 2, subd. 1, where a Delaware oil company was licensed to do business in Kentucky, owned oil wells, and was engaged in the production of oil in that state, and was not licensed to do business in Ohio but merely maintained its corporate offices, kept its books and records. and held its stockholders', directors', and executive committee meetings, and directed its business there. the appointment of a receiver for it in Kenturky hy the state court in June did not give the Ohio federal court jur
ployed "interstate commerce."-Louisiana Ry. & Nav. Co. v. Williams, U. S. C. C. A., 272 Fed. 439. 15
Conspiracy-Trade With Indians.-Even if Rev. St. $ 2018, pronibiting an employee in Indian affairs irom having any interest in trade with the indians does not create a criminal orfense ,wut merely subjects the offender to an action ior a penalty, a conspiracy to engage in such trade is a conspiracy to commit an 01fense against the United States within Criminal Code, $ 37, since a combination to accomplish a purpose, either criminal or otherwise uniawfui, is within the accepted definition of conspiracy - United States v. Hutto, U. S. S. C., 41 Sup. Ct. 541
16. Constitutional Law-Contractor's Bond.Rev. St art. 5023a, as added by Laws 1915, c. 143. § 2, in so far as it provides that no change or alteration in the plans. building construction, or method of payment shall affect the liability under a contractor's bona, is unconstitutionai. -Southern Surety Co. v. Nalle & Co., Tex., 231 S. W. 402.
17.- License Tax on Dogs.-An act, imposing a specific license tax upon dogs, providing for the destruction of those on which the taxes were not paid, and those preying on domestic animals, and making the owner liable for the damages caused by the latter, does not violate the due process of law clauses and special immunities. --McQueen v. Kittitas County, Wash., 198 Pac. 394.
18 Contracts--Impossibility of Performance. --A promisor is bound to perform his contract unless it was unlawful when made or has since become impossible of performance through no fault of his, which impossibility may be caused, not only by governmental act, but also by decree of court, provided such decree is not induced by the contractor's own act or fault; mere inconvenience or difficulty of performance not being enough, and the promisor in an honest effort to carry out his agreement being under duty, if possible, to procure dissolution of an injunction against him effectually preventing performance, or to secure dismissal by removing the cause therefor.Peckham v. Industrial Securities Co., Del., 113 Alt. 799.
19. Corporations Doing Business Within State.-Laws N. C. 1917, c. 231, $ 72, imposing a license on automobile manufacturers, which provides that the license on such manufacturers who have invested three-fourths of their assets in state securities or in personal property within the state shall be only one-fifth of the amount imposed on others, unjustly discriminates between foreign corporations manufacturing outside of the state, but doing busine-s therein by selling their products, since a foreign corporation could not comply with the condition for the reduced license, while a domestic corporation could and therefore the act denies the equal protection of the laws guaranteed by Const. Amend. 14.-Bethlehem Motors ('orporation v. Flynt, U. S. S. C, 41 Sup. C. 571.
20.--Worthless Stock.--Where a complaint by a buyer is brought to recover as damages the moneys paid therefor, induced by the fraudulent representations of defendants, and proofs show such representations, that the stock was practically worthless, and that plaintiff suffered very considerable damages, he is entitled to a rescission and may recover the amount paid in such case, without showing the difference between what the stock was worth at time of purchase, and what it would have been worth if the alleged representations were true, the allegation in the complaint that he was "damaged" in a specified sum which was the amount paid for the stock, not necessarily meaning unliquidated damages, so as to preclude recovery if he failed to prove damages as a consequence of the alleged fraud and dereit.--Haessig v. Gregory, N Y., 188 N. Y. S. 500.
21 Damages-Breach of Contract.-The rule that when a contract calls for personal services, the party employed is required, in case of breach by the other party, to use reasonable efforts to chtain other employment to lessen damages, does not apply to a trucking contract calling for no special skill or personal services and performable by the contractor's employees.
-Mount Pleasant Stable Co. v. Steinberg, Mass., 131 N. E. 295.
Deeds-Gift. — Where the testimony shows that it was never the decedent's intention to revoke a gift of land to the defendants, but that she intended it to be absolute and outright, and the project of giving the property was her own and originated by her without suggestion of either of the grantees, it was not required that she have independent advice before making the transfer, and the absence of a clause of revocation is without moment.-Barnard v. Kell, Pa., 113 Atl. 836.
23. Divorce-Modification of Decree — Where, on appeal from a decree awarding a divorce from bed and board only, the pleadings and the findings of fact of the district court are sufficient to sustain a decree of divorce from the bonds of matrimony, this court may modify the decree SO as to award an absolute divorce.Marquis V. Marquis, Neb., 182 N. W. 1020.
24. Easements-Encroachment on Passageway.--The fact that fire escapes, which were placed upon a hotel building so as to encroach on a passageway adjoining it, were placed on the building in obedience to St. 1907, C 550, $ 12, does not relieve the owners of the hotel from their obligation to refrain from encroaching on the passageway, even if it involves great pecuniary loss.--New York Cent. R. Co. v. Ayer, Mass., 131 N. E. 325..
25 Elections - -Unauthorized Candidate. When a candidate or an elector neglects to take steps, under section 398, Gen. St. 1913, to have the name of a person not entitled to appear on the official ballot stricken therefrom, he cannot after the election is held raise a valid objection to counting the votes properly marked for such person; there being no claim that the latter had violated any provision of the election laws.-In Re Johnson, Minn., 182 N. W. 987.
26. Eminent Domain-Damages to Abutting Land.-Under the Constitution as amended in 1876, to provide that a person's property shall not be taken or "damaged" for public use without adequate compensation, unless by his consent, damages to the land abutting on a highway from elevation of the roadway by a viaduct and approach thereto are recoverable. Lallas County v Barr, Tex., 231 S. W. 453.
27. Explosives--Violation of Ordinance-In view of Rev. ('odes, $ 6192, 10 year old boy injured in the discharge of fireworks, in violation of an ordinance prohibiting the sale and discharge of fireworks, could not recover damages on the ground that the storekeeper who sold the fireworks was negligent in seiling them in violation of such ordinance; the boy in such case being equally in the wrongin that he himself violated the ordinance, without which wrongful act the injury would not have been sustained. ---Jackson V. Lomas, Mont., 198 Pac. 433.
28. Insurance Good Health," — Applicant taken with influenza not in "good health" within policy condition of delivery during applicant's good health --Denton v. Kansas City Life Ins. Co., Tex., 231 S. W. 436.
29.-Military Service. The insurance policy in suit is construed as not excepting a risk resulting from the insured entering military service in time of war without the written consent of the company. but as imposing in such event a condition which the company might waive it it chose, and that evidence that the company after notice of the death of the insured in service wrote the beneficiary in terms consistent with the view that the policy was in force and inconsistent with a claim of present forfeiture, and, as if it intended to pay, asked her to send formal notice of death, and later asked her to send formal proofs oť death, which she obtained with some trouble, justified a finding of waiver. ---Bowman v. Surety Fund Life Ins Co., Minn.. 182 N. W. 991.
30.-Raise of Rates.-Where an insurance certificate issued by a fraternal society did not name any fixed rate of assessments, but provided for payment of all assessments and dues levied, the society had a right to levy dues and assessments necesary to pay all matured claims and provide the funds required by the constitution and by-laws and did not break its contract by levying higher dues and assessments loan inose originany tixeu, especially where 11 gave the member the option of paying the old rate by consenting to a reduction of benenes or the creation of a ven against his certincalt, as provided in Park's Ann. CIV. Code, (mm).-Sealy v. Sovereign Camp, W. 0. W., Ga. AVI S. L. 417. ul.
-Vessel Hazard."--In an employer's accruent insurance contract excluuinis liability lor injury 10 employees or a packing piant received througavessel naza.d, where the empioyee was repairing an idie buat at plant premises and was injured by a kettle top in the plant building wine on mission in connection with repairing the boat, such injury was not within the *Vessel hazaru" clause-Employers' Liability Assur. Corporation, V. American Packing Co, wiss., 88 So. 481.
32. Interest-Coupons.-The general rule is thal negotiable interest coupons, attached to or attached from bonds, bear interest from and ailer their respective maturity dales.-Hamilton v. Wheeling Public Service Co., W. Va., 107 S. E. 401.
33 Intoxicating Liquors-Jamaica Ginger.Chapter 256, Laws 1912, imposing penalties to be recovereu in a civil action where the sale or giving away of "spirituous' or "vinous' liquors is permitted, embraces preparations of whatever name, containing alcohol in large quantities, which are sold as beverages. it applies to Jamaica ginger, which contains only pure alcohol and the essence of ginger, where it is sold as a beverage and not a medicine.Payne v. State, Mass., 88 So. 183.
34. ---Preparation for Household Use.-A harmless preparation of general use for toilet or household purposes, and sold by merchants, does not become an "intoxicating beverage, within the meaning of the statute, because so used occasionally or in rare instances; but, if it is an intoxicating beverage, its sale is prohibited. It cannot be assumed as a matier of law that Jamaica ginger is commonly used as a liquor for drinking, and therefore is an intoxicating beverage.—Commonwealth V Lanides Mass., 131 N. E. 302.
35.- Search of Residence.--Under National Prohibition Act, tit, 2, $ 25, providing that no search warrant shall issue to search any private dwelling unless used for the unlawful sale of intoxicating liquor, or used in part for some business purpose, such as a store, shop, saloon, restaurant hotel, or boarding house, a private dwelling does not lose its character as such, and become a distillery, because a home-made still is found in operation upon search.--United States v. Kelih, U. S D. C., 272 Fed. 484.
in the deed, and of all of the logging and manufacturing equipment at a price equal to the cost thereof, 'to be later ascertained, and then provides that the residue of the price of the umber and the price of the equipment so to be fixed shall be paid monthly at a certain rate per 1,000 feet tor the lumber shipped, upon monthly statements, the contract is entire. Acadian Coal & Lumber Co. v. Brooks Run Lumber Co., W. Va., 107 S. E. 423.
11. Master and Servant-Employment of Infant.----An iniant is not estopped from prosecuting a coramon-law action for injuries while he was emproyed in violation of the law by insisting in mai action that the master, who had instituted proceedings Defore the Compensation Board to have compensation awarded to the intant. was concluded by the Board's finding that the empioyment of the infant was willful and in known violation of law, though the Board had no jurisdiction to make such finding after the infant had previously elected to proceed at common law.-Louisville Wooien Mills V. Kingden, Ky., 231 S. W. 202.
42.----Enticing Servant -In an action brought by an employer against a third person for willfully interfering with, enticing, or knowingly employing a servant (who had entered into a contract for a given period), without obtaining the consent of the employer, it was error to charge the jury that it would find for the plaintiff if the defendant at the time of the hiring "knew or ought to have known that said contract had not expired." The words of the statute “shall willfully interfere with, entice away, or knowingly employ" mean that the party hiring must have known of the contract at the time of the hiring and not that he might have known by diligent or reasonable inquiry. The knowledge must exist at the time of the hiring. -Beale v. Yazoo Yarn Mill, Miss., S8 So. 411.
13.-Extra-hazardous Work —A general storage and warehouse business held not so extrahazardous in character as to warrant the Industrial Insurance Commission to declare it to be such within the Workmen's Compensation Act Rem. Code, 1915, § 6601 --2, as amended by Laws 1919, c. 131, authorizing the commission to declare a business not enumerated to be an extrahazardous business under the act. State V. Eyres Storage Distributing Co., Wash.. 198 Pac. 90.
44.--Negligence of Master -In an action under St. 1919, § 2394—18, for injuries to plaintiff's hand caught in the wringer of an electric washing machine, evidence that a safety device was installed on the machine similar to that of many other types of such machines, and that the form of guard suggested by plaintiff's expert witness had been discarded by practically all manufacturers for the one installed, which seemed mora adequate for the purpose, did not justify a finding of the jury that the wringer, in the usual and customary manner of using it was not as free from danger as the nature of the work reasonably permitted.-Hahn v. Rothstein, Wis., 182 N W. 983.
45. Mechanics' Liens-Contractor and Materialman Distinguished -One who contracts to furnish the steel york for a building and who is required by his contract to "fabricate" a substantial part of it according to the plans and specifications for the building is
contractor as distinguished from materialman under the Mechanic's Lien Law -Illinois Steel Warehouse Co. v. Hennepin Lumber Co., Minn, 182 N. W. 994.
36. Landlord and Tenant “Apartment House."--"Apartment houses" are generally understood as those houses which contain apartments to which is attached a kitchen. wherein it is contemplated that the family shall do its own cooking while an "apartment hotel" is generally understood to apply to those houses which contain nonhousekeeping apartments without a kitchen or cooking facilities, wherein the proprietor furnishes a restaurant for feeding the occupants of the different apartments.-Waitt Const. Co. v. Chase, N. Y., 188 N Y. S. 589.
37.-Damage by Tenant -A landlord whose property has been damaged during the tenancy through the negligence of the tenant is
entitled to recover from him such sums as will reasonably compensate him for the damage caused by the tenant's negligence-Hill v. MrKay, Del., 113 Atl. 805.
38.--Legality of Bond. -- Where a tenant averts eviction by filing his counter affidavit and bond, he cannot question the legality of his own bond on the ground that it should have been approved by the sheriff and not by a constable.-Crider v. Hedden, Ga., 107 S. E. 345
39. Notice to Renew Lease.- Where only two of the several lessees gave notice of desire to continue under an agreement to renew, such notice will be deemed valid and binding, the lessees remaining as the same, the notice having been given for the benefit of all..Kozy Theatre Co. v. Love, Ky., 231 S. W. 219.
40. Logs and Logging--Entire Contract.If the
contract executed contemporaneously with the deed in such case recites the ronveyance of the timber and reservation of the vendor's lien as above described, and a sale by the acre for a sum in excess of the price recited
46. Municipal Corporations-Adverse Possession.-Under Rev. Codes $ $ 6132, 6135, construed in conjunction with section 3259, a prescriptive right can be built on public use of land for streets and thoroughfares, when jurisdiction has been acquired by a city and maintained for 10 years. and such proprietorship for such time fully satisfies sections 1337 and 1340, providin a general rule for establishing or varating highwavs, and the jury's verdict of such adverse possessinn hv a city must stand where the evidence is insufficient to overcome the presumntion of such open and notorious adverse occupation --Stettheimer V. City of Butte, Mont. 198. Par 455.
47 Defective Sidewalk --A slope of seven inches in a rement sidewalk approaching the flagstona portion of the walk at a crossing where plaintiff slipped and was injured did not 54. Railroads-Insufficient Bridge -The fact that the same abutments for a bridge carrying a highway over railway tracks had existed for more than 40 years does not justify their continuance by the railroad under Rev. Laws, c. 53, § 1, when they were too narrow to accommodate the traffic.—Boston & M. R. R. v. County Com'rs, Mass., 131 N. E 283.
constitute a defect rendering the city Radio tor plaintiffs injuries.-nolian v. City of Milwaukee, Wis., 182 N. W. 978. 48.
—Negligence.-It is negligence to leave open a cellar door in a much-irequented pavement, without precaution being taken to protect the hole; so, wnere defendants servans openeu a doorway in the sidewalk, and plaintiff, who was carrying a heavy box out of a building, backed into ihe opening, defendant is liable, unless it had a servant on guard to warn plaintiff of his danger, or piaintiff failed to use ordinary care for his own safety.-Commonwealth Power Ry. & Light Co. v. Vaught, hy., 231 S. W. 247.
19. -Street Paving:--Street paving is a class of betterment for which railroad right of way and station property is subject to assessment.-Choctaw, O. & G. R. Co. Mackey, U. S. S. C., 451 Sup. Ct. 582.
50. Negligence-Starting of Elevator.–An electrician employed by an independent contractor who was working in and about an elevator shaft in defendant's building was entitled to due warning of the starting of the elevator. -John R. Coppin Co. V Richards, Ky., 231 S. W. 229.
51. Newspapers "Legal Daily Paper."--A newspaper published every day except Monday may be a legal "daily newspaper" for the publication of legal notices within the meaning of Laws 1921, c. 99, providing that no newspaper shall be considered a legal newspaper unless it shall have been published continually (legal holidays and Sundays excepted) as a daily or weekly newspaper for at least six months, etc. -City of Bellingham v. Bellingham Pub. Co, Wash., 198 Pac. 369. 52.
Principal and Agent-Exclusive agency. -Contract whereby plaintiff gave defendant an agency for the sale of homemade candies etc., will not be canceled, either because she misunderstood some of its terms or it failed to prove as profitable as expected.— Dutch v. Gamage Brokerage Co, Me., 113 Atl. 785.
13.- Authority of Agent.-A contract ploying an agent and giving him authority to make contracts for his principal does not impliedly authorize him to accept, in settlement of the account arising from contract an amount less than was due.-Hoshor-Platt Co. v. Miller, Mass., 131 N. E. 311.
-Vehicies and pedestrians at crossings must be highly vigilant LO observe app.varning aanger, but a pedestrian is not itsuricted to the use of established street cross.ngs when attempting to pass from one side or ine street to the other.--Gavin v. Pniiadelphia Rapid Transit Co, Pa., 113 Atl. 832.
60. Taxation-Foreign Corporation.-Under the rule that the taxable value of shares or stock of a corporation is ascertained by deducting the value of its tangible property otherwise assessed Irom the market value or its shares of stock, the capital stock of a foreign corporation was not taxable where the value of such stock did not exceed the aggregate vaiue of its other property assessed in the state, and the corporation did not own other property elsewhere.--State v. Eagle Lumber Co., Ark., 231 S. W. 180. 61.
Telegraphs and Telephones. Efficient Service Telephone companies are under the duty of furnishing to their subscribers reasonably prompt and efficient service in giving them connections with other subscribers, and they are liable for any pecuniary loss directly traceable to a breach of such duty as the proximate cause.--Peterson V. Monroe Independent Telephone Co., Neb., 182 N. W. 1017.
62.—Limitation of Liability.-Even if the limitation of liability of a telegraph company for error in the transmission of a repeated message is invalid, because there is no rate on file at which a message can be transmitted without limitation of liability, that fact does not invalidate the limitation of the telegraph company's liability for the transmission of an unrepeated message to the amount of the ioll received by it.-Western Union Telegraph Co V. Esteve Bros. & Co., U. S. S. C., 41 Sup. Ct. 584.
63 Trusts-Joint Account.- Where the owner of a bank account has the same transferred to a joint account for himself and another with provision for survivorship, such act creates a trust; the entry, unexplained being a sufficient declaration of trust because it indicates an intention to establish a trust.-Coburn v. Shilling, Md., 113 Atl. 761.
64. Vendor and Purchaser---Restrictive Building Covenants.-In a suit for specific performance of a contract of sale, where the issue is
to whether or not the lands are subject to certain restrictive building covenants, depending upon the ascertainment of the true construction and legal operation of an ill-expressed and inartificial instrument, specific performance will not be decreed against vendee unless the court be satisfied beyond all reasonable doubt that the lands are free from the alleged incumbrance-Smith v. Reidy, N. J., 113 Atl. 774. 65.
55-Suitable Waiting Room.A waiting room provided by a railroad at a station is not suitable or convenient for waiting passengers, within Ky. St. $ 772. requiring the railroad to provide suitable waiting rooms, if it is
too small, dark, stuffy, dirty, or indecent.-Commonwealth v. Louisville & N. R. Co. Ky, 231 S.' W. 236.
56. Receivern-Cannot Sue Outside Jurisdiction of Appointment.-A receiver has no standing as a litigant outside the jurisdirtion of the court of his appointment.-United States Mortgage of Trust Co v. Missouri, K. & T. Ry. Co., U.S. C. C. A., 272 Fed. 459.
57. Sales-Indefinite Contract. Where contract for sale of cartons to be shipped in monthly installments over a period of months gave seller the right to change the prices for any 60-dav period according to market condi. tions subiect to buver's right to cancel balance of contract on failure to agree to changed price buyer's failure to assent to increased prices on seller's revision thereof and to rerognize seller's right to make such revision operated as a cancellation of the unfilled orders.
National Can Co. v Robert Gair Co., Md.. 113 Atl. 858. 58.
Title to Shipment.-Where wheat is purchased and shipped by rail consigned shipper's order and drafts for the price are sent through hanks, with hills of lading attached, and such drafts are paid bv the purchaser. and hills of lading delivered to him, title passes to the purchaser. notwithstanding that the wheat must he measured or weighed at destination to definitely determine the exact Sum to be paid for the entire mass - Fort Worth Elevators an, " Keal of San. Tex. 921 S. W. 481.
59. Street Railroads-Rights of Pedestrians.
Waters and Watercourses—Change of Stream.-While a private individual has a right under certain circumstances, to protect himself against overflow, surface, and outlaw waters, he cannot so change a stream. in an effort to protect his own property. as that he will thereby flood or erode the property of some one else.-Conger v. Pierce County, Wash., 198 Pac. 377.
66 Wills-Gift to Class.- Where a testator devised lands to his children with direction that ,if any one or more should die without issue, then to the survivors, and, if all should so die, then to his heirs, the gift to the heirs is to a class, which is to be determined as of the date of the testator's death: consequently the gift over is one to the testator's children as they were his heirs. so partition proceedings between the children whereby the rights of survivorship etc., was barred and released is binding, and the children receive indivisible titles.- Paugham v. Trust Co. of Washington, N. C.. 107 S. E. 431.
67. --Marketable Title -Under a will. "I hereby bequeath to my beloved wife, A., all mv estate, real, personal and mixed. of whatsoever kind or wheresnever situate. and. upon
the death of my wife, the residue thereof shall he divided equally between our two children. V. and M., or the survivor of either," wife had power to consume all or any part of the property devised and hence had the right to convey real estate.- Edwards v. Newland Pa., 113 Atl. 742.
68. Pavmant for Nursing —Provision for nayment op "any doctor bills" of testatrix's brother from a trust fund established by her
111 held to include Claim for nursingHaines v. Indiana Trust Co., Ind., 131 N. E. 89.