BOOKS RECEIVED.

Treaties and Agreements With and Concerning China, 1894-1919. A collection of state papers, private agreements, and other documents, in reference to the rights and obligations of the Chinese Government in relation to foreign powers, and in reference to the interrelation of those powers in respect to China, during the period from the Sino-Japanese War to the conclusion of the World War of 19141919. Compiled and edited by John V. A. McMurray, Counselor of Embassy of the United States, assigned to Tokyo; lately Secretary of the American Legation at Peking. Volume I, Manchu Period (1894-1911). Volume II, Republican Period (1912-1919). New York, 1921.

The Proceedings of The Hague Peace Conference. Translation of the Official Texts. Prepared in the Division of International Law of the Carnegie Endowment for International Peace, under the supervision of James Brown Scott. Volume I, Plenary Meetings of the Conference. 1920. Volume II, Meetings of the First Commission. 1921. New York.

HUMOR OF THE LAW.

A chaplain was noted for his ready wit. While traveling on a steamboat a notorious sharper who wished to get into his good graces said: "Father, I should like very much to hear one of your sermons."

"Well," said the clergyman, "you could have heard me last Sunday if you had been where you should have been." "Where was that, pray?" "In the county jail."

Lawyer (examining witness). Do you drink intoxicating liquor?

Witness (indignantly). Sir, that's my business!

Lawyer (quietly). Have you any other business? Scalper.

First Autoist-"I thought you said if I were sociable with the judge I could get off?" Second Autoist-"Were you?"

First Autoist-"Yes. I said 'Good Morning, Judge, how are you today?' and he replied, 'Fine-twenty-five dollars.'

The United States of America: A Study in International Organization. By James Brown Scott, Technical Delegate of the United States to the Second Hague Peace Conference, 1907; Technical Delegate of the United States to the Peace Conference at Paris, 1919. New York. 1920.

Government Control and Operation of Industry in Great Britain and the United States During the World War. By Charles Whiting Baker, C. E. New York, 1921.

World Peace, or Principles of International Law in Their Application to Efforts for the Preservation of the Peace of the World. By Fred H. Aldrich. Lectures Delivered Before the Detroit College of Law. 1921.

Economic and Social History of the World War (British Series) by James T. Shotwell, Ph. D., General Editor, with the collaboration of the British Editorial Board of the Carnegie Endowment for International Peace. 1921.

Cop: "Come on! What's the matter with you?" Truck Driver: "I'm well, but me engine's dead."

There was an amusing ending of a civil case tried in the county court. It was an appeal case and on one side was a testy lawyer and on the other a number of inexperienced ones. The arguments on both sides had been heard and the case closed for judgment.

Suddenly one of the inexperienced lawyers got up and addressed the court once more. The testy lawyer stood for it a moment, but losing patience, he also arose and addressed the court in this wise:

"Your honor, I would beg with all respect to point out to the court that my learned friend opposite is entirely out of order in addressing the court, and if I may be permitted to say so, the court has no right to be listening to him."

The court, who at the time was writing, put his head out in a helligerent way and said "Mr. Smith, it is a great piece of impertinence on your part to assume that the court is listening to him."-Los Angeles Times.

WEEKLY DIGEST.

Weekly Digest of Important Opinions of the State Courts of Last Resort and of the Federal Courts.

Copy of Opinion in any case referred to in this digest may be procured by sending 25 cents 10 us or to the West Pub. Co., St. Paul, Minn.

Alabama.

Arkansas

California.

Delaware.

D. C......

Georgia.

Illinois

lowa...

Louisiana.

Maine..

Mississippi.

Missouri.

Montana.

New Hampshire.

New Jersey.

New York..

Pennsylvania

Rhode Island.

South Carolina..

South Dakota..

Texas...

United States C C. A. United States D. C.

Utah

Virginia.

Washington.

Wisconsin...

...52, 56 .11 26, 30, 47 22, 25 28 .5, 6, 35, 43 .54 1, 31, 63, 65 .12, 38, 60 .58, 67 .18, 48 .16, 24, 33, 34 .14, 51 .64 ..8, 23, 44 .29, 39, 40, 41, 59, 61 .62 .20 ..15, 53, 66 .17, 46 13, 27, 32, 36, 49, 55 .2, 45. 68 3, 4, 10, 37 21 .50, 57 .9, 42 ..7, 19 Land.

1. Adverse Possession- Interest in Where plaintiff's father conveyed land to his wife, and after her death a mortgage thereon was Toreclosed and the and sold to the assignee of the judgment creditor, who then deeded it to plaintiff's brother, the latter continuing in possession with color of title and asserting his claim of right for nearly 22 years, all of which was known to plaintiff and her father, plaintiff's right to an interest as an heir either of her mother or father was barred by the 10-year statute of limitations.-Barth v. Severson, Iowa, 183 N. W. 617.

2. Bankruptcy-Chattels.-Where

the stock

in trade of a bankrupt was collusively sold under a chattel mortgage, which was preferential and invalid under the Bankruptcy Law, to a representative of the mortgagee, who resold it to a bona fide purchaser for value, the latter held to have acquired a good title; but the seller and mortgagee held liable to the bankrupt's trustee for the amount received therefor.-Gray v. Breslof, U. S. C. C. A., 273 Fed. 526.

to

3.- -Insurance Policies.-Insurance policies on the life of a bankrupt, payable to his wife, but reserving to him the absolute right change the beneficiary, so that the bankrupt had full control over the policies, are assets of his estate, and the trustee is entitled to receive the surrender value thereof. In re Jens, U'. S. D. C., 273 Fed. 606.

4.Jurisdiction.-Where there were more than 100 separate damage claims against a bankrupt corporation, all arising from the same transaction, on some of which actions had been brought in the state courts, and on all of which liability depended on the same facts, the bankrupt held entitled to an injunction restraining prosecution of suits on such claims until it could obtain its discharge, and its trustee held entitled to an order requiring adjudication of the claims in the bankruptcy court where they could be consolidated for trial as to liability. -In re People's Warehouse Co., U. S. D. C., 273 Fed. 611.

5.- -Payment of Check.-In a prosecution based on section 553 of the Penal Code of 1910. it is a good defense for the accused to show that payment of a bank check, given in payment for farm, orchard, or dairy products, was refused by the drawee bank, when presented for payment, solely because, after the giving of the check and prior to its presentation for payment,

tary bankruptcy, and his funds in the bank, which were sufficient to pay the check, were seized by a receiver appointed to take charge of the bankrupt's property.-Oetgen v. State, Ga., 107 S. E 885.

6.

Banks and Banking-Corporate Existence. -Even if the General Assembly had no authority in 1870 to enact a law incorporating two separate and distinct corporations in one act. yet where such an association actually organized and existed under such colorable authority. and used the rights claimed to be conferred by such charter, and did business under it as a corporate body, the directors of such organization, who acted as such, will be estopped from denying the corporate existence of such organization as against the corporation itself. its receiver, and third persons who have dealt with it as a corporation.-Council v. Brown, Ga.. 107 S. E. 867.

7. Forgery. Where the by-laws of a savings bank provided that it should not be liable for payments made to any person who should produce the deposit book, and that withdrawals might be made by the depositor personally or by written order, payment on written order to one producing the deposit book exonerates the bank from liability to a depositor, provided the bank in making such payment was in the exercise of ordinary care.-Ninoff v. Hazel Green State Bank, Wis., 183 N. W. 673.

was

8. Joint Deposit.-Where husband and wife made a deposit in a bank, signing memorandum stating that they were to hold "as joint tenants. and not tenants in common" and there was an entry in bank book that they were to "hold as joint tenants and not as tenants in common, the survivor to take," a contract created between the two depositors and the bank, which gave the survivor the right to take.-Commonwealth Trust Co v. Grobel, N. J., 114 Atl. 353. 9. -Stockholder's Liability.-The amendment of the articles of incorporation of a bank so as to change its name and increase its capital stock does not change the identity of the corporation, so as to relieve a stockholder, who subscribed to shares of the original issue, and who opposed the amendments, from his liability on the stock held by him.-German-American Mercantile Bank v. Foster, Wash., 199 Pac. 314.

10. Bills and Notes-Holder in Due Course.Negotiable Instrument Law Ill. $$ 65, 66, providing that indorsers warrant the genuineness and validity of the instrument to all subsequent holders in due course, do not apply to the drawee of a draft, to whom it is presented for payment. who does not become by payment a "holder in due course."-American Hominy Co. v. Millikin Nat. Bank U. S. D. C., 273 Fed. 550.

11.

Bridges-Tolls.-The right to exact tolls of the public for the privilege of crossing a public bridge must be conferred by statute or it does not exist.-Ft. Smith Light & Traction Co. v. Williams, Ark., 231 S. W. 891.

12.

13.

Brokers-Authority.-Authority of broker to sell land is not revoked by a letter mailed to. but never received by, him.-McWilliams v. Reith, La., 88 So. 913. -Dividing Commissions.-An agreement by a broker to divide his commissions with the purchaser of estate does not affect his right to recover, though the principal does not know it, nor will his agreement to divide with another broker, who is not connected with the other side.-Christian v. Dunavent, Tex., 232 S. W. 875.

real

14. Carriers of Goods-Voluntary Reduction of Rate.-A voluntary reduction of a rate by a carrier would not make the prior rate unlawful, unreasonable, or discriminatory and the basis for an action for damages.-Doney v. Northern Pac. Ry. Co., Mont., 199 Pac. 433.

15. Carriers of Passengers - - Alighting. — A public street in a city, at a point where a street car stops for passengers to alight is not to be regarded as a passenger station, in determining the duty of a street railway company towards its passengers, and a pasenger, who stepped on a banana peel and fell, cannot recover.-Thompson v. Greenville Traction Co., S. C., 107 S. E. 911.

16.- -Ordinary Care. -Where a defendant equipped steps in a station giving access to trains with safety tread, which was supposed

to afford a firm footing even though wet, a passenger, who slipped on a step which had become wet presumably from the wet or muddy shoes and dripping umbrellas of the preceding passengers, cannot recover from defendant; it having exercised ordinary care.-Williams Kansas City Terminal Ry. Co., Mo., 231 S. W. 954.

V.

17. Constitutional Act Due Process. The manufacture of cement by the state held the carrying out of a public purpose in view of the facts shown and facts judicially noticed as to the use of cement, its shortage, etc., and hence Laws 1919, c. 324. authorizing the creation of a state cement commission and the issuance of bonds for the establishment of plants for the manufacture of cement, does not deprive taxpayers of their property without due process of law. Eakin v. South Dakota State Cement Commission, S. D., 193 N. W. 651.

18. Due Process.--The provisions of chapter 145, Code of 1906, and amendments thereto, are not suspended by Act Cong. Aug. 10, 1917, commonly called the Lever Act, even if this act is valid, and the enforcement of the provisions of the said Anti-Trust Act against insurance companies does not deprive them of the equal protection of the law, nor deprive them of property without due process of law.-Nugent & Pullen v. Robertson, Miss., 88 So. 895.

19. Equal Protection.-Laws 1920, C. 16, enacted to meet the housing emergency resulting from the war. but which was to apply only to counties having a population of 250,000 or more, denies equal protection of the laws to landlords in such counties, since the housing emergency existed also in other counties, and the mere fact that more people were affected thereby in a large county does not furnish reasonable ground for separate legislation for such counties. State v. Railroad Commission, Wis.. 183 N. W. 687.

20. Federal and State Laws.-The first ten amendments to the United States Constitution are restrictions solely on the powers of the federal government, and a state law cannot successfully be attacked as violative of Const. U. S. Amend. 5.-Joslin Mfg. Co. v. Clarke, R. I., 114 Atl. 185.

21. -State Insurance.-Inasmuch as the state has the power to require all employers to insure in the state insurance fund and not leave it optional, as under the Workmen's Compensation Law, an employer exercising such option cannot complain of the conditions upon which the option is granted as being unconstitutional because discriminatory.--Salt Lake City v. Industrial Commission, Utah, 199 Pac. 152.

22. Corporations-Compensation of Directors. -Where directors of a new corporation secured a lease of land for its factory, supervised the construction, etc., they were not entitled to vote themselves shares of stock as compensation for such services were along the lines of the duties of the directorate, which are those of management and supervision; the details of the business being delegated to inferior agents.-Cahall v. Lofland, Del., 114 Atl. 224.

23. -Profit on Resale of Bonds.-Where an officer of a corporation purchased from the company 50 $1,000 bonds at par, and later sold back to the company 43 of the bonds so purchased at an increased price of $50 a bond, and still later sold back the remaining 7 bonds at the same price, he cannot be permitted to enjoy the fruits of such a contract with the company he represented against its will exercised within reasonable time, and the contractual profits secured by him through the purchase and resale of the bonds must be returned to the company unless the contract of resale has been intelligently ratified by a stockholders' meeting, or the company's claim has not been asserted within a reasonable time.-Busch v. Riddle, N. J., 114 Atl. 348.

24. Covenants - Building Restrictions. -- Six double buildings sought to be constructed on a lot having a frontage of 125 feet and a depth of 155 feet held to violate restriction in deed reciting that not more than one dwelling house might be constructed on a 50-foot front of the lot. Morrison v. Hess, Mo.. 231 S. W. 997.

25. Damages-Measure of.--Plaintiff, a girl of 10, injured by defendant street railroad's car.

if entitled to recover, was entitled to recover a sum reasonably compensating her for her injuries, including pain and suffering in the past, and such as might come to her in the future, and for any permanent injuries received; while her father, suing 1or loss of services, was entitled to reasonable compensation for expenses for professional and hospital services in the care and atteniton given his daughter.-Sund v. Wilmington & P. Traction Co., Del., 114 Atl. 281. 26. Leeds-Survivorship.-Where a husband and his wife some time before the wife's death, each executed a deed to the other and placed them in their safe deposit box on the understanding that on the death of one the survivor would take all the property by the deed of the one dying, and the deed of the survivor would not take effect, the transaction was wholly ineffective.-Miller v. Brode, Cal., 199 Pac. 531.

27. Frauds, Statute of Parol Contract.Where a contract for the sale of land was not in writing, a note executed in aid of such contract was wanting in consideration, and is not enforceable.-Davis v. Dilbeck, Tex.. 232 S. W. of a

927.

28. Insurance"Arrears."-A member fraternal benefit association, who had the option of paying his dues weekly, monthly, or quarterly, is not in arrears on the payment of dues until the end of the quarter, within a provision of the constitution prohibiting payment of benefits where the member is three months or over in arrears for weekly dues, since "arrears is defined as that which is behind in payment, or which remains unpaid, though due, and therefore the association is liable on the certificate, where the member died within one month after the expiration of the first quarter for which no payment was made, at which time he was then only 30 days in arrears.-Independent Council No. 2, Etc. v. Lucas, D. C., 273 Fed. 320.

29.Burden of Proof.-In an action by assignee of beneficiary under a life policy, where through concessions made by defendant's attorLey plaintiff made out a prima facie case, court erred in dismissing by reason of a condition in the policy requiring the production thereof or a legal excuse for its non-production, where there was no legal proof as to what the provisions of the policy were in the respect named, for it would seem that, if defendant relied on a dismissal for non-compliance with a condition precedent to a recovery contained in the policy, it should have proven the condition and plaintiff's failure to perform it.-Casey v. Metropolitan Life Ins. Co., N. Y., 189 N. Y. S. 70.

30.- -By-Laws.-A fraternal benefit society. which has issued certificates on applications by which insured agreed to be bound by the society's by-laws then in force and to be thereafter enacted, can make by-laws subsequently enacted, which are not in themselves unreasonable or against express law or public policy, applicable to such existing certificates.-Bennett v. Modern Woodmen of America, Cal., 199 Pac. 343. 31. -Payment of Benefits.-Where the statute under which a fraternal benefit association was organized prohibited the payment of the benefits except to designated classes, including the wife of insured, the divorce of the wife designated as beneficiary precludes the payment of the benefits to her, though it would not have that effect if the statute merely prohibited the issuance of the certificate with benefits payable to others than the designated classes.-Thomas v. Locomotive Engineers' Mutual Life & Accident Ins. Ass'n, Iowa, 183 N. W. 628.

32. Removal of Goods.-Where, when defendant company issued its fourth insurance policy on plaintiff's cotton, its agent did not know that the cotton had been removed to the compress, and wrote the policy at a lesser rate than he would if he had so known, and the plaintiff, without reading it, put it away among his papers, and the cotton was destroyed, it was error to render a judgment against the defendant for the insurance, for, on renewal, the insurer may assume that the subject-matter and its location are as described in the former contract, and insured could not excuse his failure to notify the insurer of the change of location on the ground that he did not know a change

of locations affected the risk, as that is matter too obvious to be overlooked by a person of ordinary prudence.-National Liberty Ins. Co. 1. Kelly, Tex., 232 S. W. 895.

33.- -Suicide Clause.-A clause against liability of insurer in the case of suicide within one year from the issuance of the policy, which is not prohibited by statute in the state in which the parties resided and where the policy was made and delivered and the insured died, is binding, since the policy is governed by the law of that state.-Parker v. Aetna Life Ins. Co., Mo.. 232 S. W. 708.

34.- Waiver of Limitation.-Where an insurance certificate required action to be brought within a year after death, and insurer, which had denied liability on the theory that an assessment had not been paid, considerably after the expiration of a year, at the demand of the beneficiary's attorney, furnished blanks for proofs of death, stating, in a letter written by its general counsel, that the deceased was not a member of the insurer at the time of his death because of failure to pay assessment, such letter was a waiver of the defense of limitations. -Hay v. Bankers' Life Co., Mo., 231 S. W. 1035. 35. Intoxicating Liquors-Inference.-In the absence of evidence to the contrary, it may be inferred that a liquor called for and delivered and paid for as whisky is whisky, and therefore intoxicating liquor.-Frazier v. State, Ga., 107 S. E. 896.

un

36. "Possession."-In prosecution for lawfully possessing intoxicating liquor, an instruction that the word "possess" means the exercise of actual control, care, and management of the property is correct, the ownership of the property not being an essential element of its possession.-Thomas v. State, Tex., 232 S. W. 826.

37. -State Laws.-A city has power to regulate the possession of intoxicating liquors in a manner not in conflict with the National Prohibition Act or the laws of the state, and may authorize the search of a private dwelling for liquors unlawfully possessed, where not proh.bited by the state laws, though National Prohibition Act, § 25. provides that no search warant shall issue thereunder to search any private dwelling.-United States v. Viess, U. S. D. C. 273 Fed. 279.

38. Landlord and Tenant-Injury to Lessee. -A wife was not entitled to recover under Code, art. 2717, for personal injuries received owing to the rottenness of a window frame of a house leased by defendant to her husband, in which they lived; the appliance for holding up the sash giving way, and the sash falling upon her hand and crushing it, in view of article 2716, the husband, and not the lessor. being at fault.-Harris v. Tennis, La., 88 So. 912.

39. Provisions of Lease.-Where lease provided. "if the landlord is requested to furnish electric current to the tenant for lighting purposes and the landlord shall furnish such current, that the same shall be paid for by the tenant.' the tenant could not recover for failure to supply electric current, in the absence of a showing that tenant could not obtain electricity with or without a separate meter for herself.Curry v. Coyle, N. Y., 189 N. Y. S. 65.

40.-"Stri- tuval Addition."-An oil separator was a "structural addition" to a leased garage, within the provision of the lease that the tenant should make such repairs and alterations as should be required by any of the departments or bureaus of the city of New York, except that it should not be required to make structural additions. New York Motor Truck Sales Corp. v. Corse, N. Y., 189 N. Y. S. 94.

41. -Unreasonable Rent.--Fact that tenant had paid the rent for the four preceding months pursuant to the lease did not prevent h ́s taking advantage of the plea that rent demanded for the month in question was unreasonable, pursuant to the recent statutes known as the Housing Laws.-Schechter v. Traconis, N. Y.. 189 N. Y. S. 144.

42. Master and Servant-Authority of Employee. The test to determine whether a fellow employee of an injured servant was a vice principal is the power to exercise superintendence the drawer of the check was placed in involun

and control, and it is immaterial whether the fellow employee had authority to employ and discharge.-Barney v. Anderson, Wash., 199 Pac.

452.

43.- Electric Shock.-Where it is shown that the death of an employee was caused by an electric shock, this is sufficient under the doctrine of res ipsa loquitur to raise the inference that the wire containing the current was not safe, and to raise a prima facie presumption that the employer was negligent.-Neary v. Georgia Public Service Co., Ga., 107 S. E. 893.

44. Ensuing Disease.--Where a workman receives a personal injury from an accident arising out of and in the course of his employment, and a disease ensues which, but for the accident, would not have ensued and which disease causes his death, this justifies a finding that death was in fact the result of the injury and was by accident within the meaning of section 2 of the Workmen's Compensation Act, even though it is not the natural result of the injury. --Geizel v. Regina Co., N. J., 114 Atl. 328.

45. Fellow Servant. The stevedore, who was not a member of the crew of a lighter, but was employed to unload her and paid by the hour, is not a fellow servant of the captain, and can recover for injuries caused by the captain's negligence.-The Howell, U. S. C. C. A., 273 Fed.

513.

46. Recovery Under State Law.-Recovery was properly allowed in a state court under a complaint setting forth a cause of action under the federal Employers' Liability Act, and also a cause of action under the state laws, where defendant railroad by its answer denied that plaintiff was in its employment and alleged and proved that plaintiff was an employee of an independent contractor, as against the claim that defendant, being a non-resident corporation was deprived of its right to remove the cause into the federal court; there being no claim of a fraudulent intent on the part of plaintiff to deprive defendant of the right of removal.-Polluck v. Minneapolis & St. L. R. Co., S. D., 183 N. W. 859.

47.--Scope of Employment.-In an action against a city for injuries to plaintiff from an assault by the city's employee, sent to the building of which plaintiff had charge to wire it for electricity and set meters therein, evidence that the assaula was committed by the city's employee while endeavoring to open a door against plaintiff's resistance, for the purpose of going on with his work, justified a finding that the assaula was committed in the course of the city employee's employment.--Ruppe v. City of Los Angeles, Cal., 199 Pac. 496.

or

49.-"Commodities."-Within Rev. St. 1911, art. 7798, making it a conspiracy in restraint of trade to make an agreement to refuse to buy or sell any article of merchandise, produce commodity, cuts to be used for advertising purposes in connection with advertising service, and which were not intended to be bought for resale, since their value would be destroyed by general use in the community, are not commodities, so that a contract, forbiding the sale of such cuts by the buyer, is not a violation of the Anti-Trust Act.--Schow Bros. v. Adva-Talks Co., Tex., 232 S. W. 883.

50. Municipal Corporations Damage by Flood. In an action against a city to recover damages resulting to building and land from an overflow of a creek caused by negligence of city in maintaining improper culverts, the damage to the building occurring in one year and the damage to the land the following year, held that there was no merit to a contention that plaintiff ought not to be allowed to recover anything for damage to land itself because he did not, after the first flood had thrown down the walls of the building, take steps to prevent further damage by rebuilding a wall along the water's edge; such contention being a misconception of the general rule that a plaintiff must do what he can reasonably, to minimize the dam

age which he claims for a breach of contract or for a tort, since plaintiff was not bound to anticipate and provide against future wrong. -City of Richmond v. Cheatwood, Va., 107 S. E. 831.

51.

-"Incidental Work."-Under Laws 1913, c. 89, 3, as amended by Laws 1915, c. 142, § 2, providing that. before creating any special improvement district, the city council shall pass a resolution of intention, stating the general character of the improvements to be made, a resolution of intention to create such a district for the purpose of paving, with the necessary excavations cutting, filling, etc.. and "incidental work." was an insufficient description of the general character of improvements, which included a reduction in the street widths, new parking and curbing, storm sewers, etc.; large portions of territory in the district being already included in parking, curbing, and sewer districts.-Evans v. City of Helena, Mont., 199 Pac. 445.

52. Uncertainty of Ordinance.-An ordinance fixing a license fee for practicing law. based on gross annual business, was not void for uncertainty, though not expressly referable to the previous year; its administrative provisions showing that reference could have been only to a gross annual income already determined and ascertainable.-Anderson v. City of Birmingham, Ala., 88 So. 900.

V.

53. Negligence Reasonable Care.-Where defendant's own requested charge conceded that plaintiff was a licensee it was proper to modify that portion of the charge which stated that defendant's only duty was not to willfully or wantonly injure him, and impose on defendant the duty of reasonable care.-McAlister Thomas & Howard Co., S. C., 108 S. E. 94. 54. Physicians and Surgeons-Qualifications. -The regulation of the department of registration and education that an applicant under the Medical Practice Act for license to practice chiropractic must produce letters of recommendation from two reputable medical men or osteopathic physicians is unreasonable and discriminatory.-People v. Love, Ill., 131 N. E. 809.

55. Railroads-Scope of Station Agent's Employment. Where plaintiff went to defendant's railroad station for the purpose of sending a telegraphic message, the station agent being the operator, and an altercation and assault resulted when the demand of the agent that plain- | tiff dismiss an action which as attorney he had brought against the railroad company was fused, defendant was not responsible, as such demand was not within the scope of the agent's employment.-Payne v. Tisdale, Tex., 232 S. W.

881.

re

56. Reformation of Instruments-Mutual Mistake. Though for reformation of a deed or mortgage for mutual mistake in description, unmixed with fraud, complainant must have been free from gross or culpable negligence, he need not show he was entirely free from fault.Burch v. Driver, Ala., 88 So. 902.

57. Sales- - Delivery. -On motion for judgment by the buyer of rawhide shoe laces for the seller's refusal to deliver, instruction that, if the jury believed from the evidence that defendant seller agreed to fill plantiff buyer's orders at the rate of 50,000 laces a week, beginning at a specified time, and failed to make deliveries as agreed, plaintiff buyer was justified in cancelling the orders, the jury should find for him, and assess his damages in conformity with the directions of the court, held not erroneous. Richmond Leather Mfg. Co. v. Fawcett, Va., 107 S. E. 801.

58. Destruction of Goods. Where agreement was not to sell or convey a particular car of potatoes, but a car of any potatoes answering a certain description, containing no condition. expressed or implied, destruction of a car of potatoes in shipment did not excuse non-delivery, and seller was liable for damages.-Cohen v. Morneault, Me., 114 Atl. 307.

59. Misrepresentation. In case of misrepresentation concerning the identity of one with whom the seller is asked to deal, but who in fact is not present, because non-existent. no title passes; the only intent of the seller being

60. Partial Shipment.-Where some of the unrelated goods ordered by a buyer could not be found on the market, and the vessel had not sufficient space for others, the buyer was not excused by the failure to ship such goods from paying for those shipped; the seller not having been instructed to ship all or none of the goods. -H. T. Cottam & Co. v. Moises, La., 88 So. 916. 61. Street Railroads-Negligence. - Street railroad held liable for injuries to fingers of a passenger, caught in the crevice along hinges of a door inclosing electric switches. when the guard shut the door after having turned on the switches, though his fingers were not in crevice when door was opened immediately prior thereto; the railroad being required either to so construct the door that passengers could not catch their fingers in such crevice, or to see to it that the guard did not shut door when passengers might be endangered thereby.-Grafstein v. Interborough R. Co., N. Y., 189 N. Y. S. 68.

62. Taxation-Foreign Corporations.-Under Act June 2, 1915, as to taxation of foreign corporations, a foreign corporation which has within the state a number of cash registers which it has delivered to residents of the state under contracts which are leases with option to buy is liable to be taxed upon the value of such cash registers, though the real object of the transaction was a sale of the machines, as the situs of the property is in Pennsylvania, and represents an investment therein of the capital of the company doing business in the state.Commonwealth v. National Cash Register Co., Pa., 114 Atl. 366.

63. Time-Extension.-Order extending defendant's time until September 20th to file exceptions to verdict, motion in arrest of judgment, and for new trial gave defendant a period including September 20th for such filing: "until" being inclusive in meaning unless a contrary intent is shown.-Henderson v. Edwards, Iowa, 183 N. W. 583.

64. Wills Construction.-Under a husband's will, giving all his possessions to his wife to be used according to her judgment and will, if she died without having made a will, possession to go to another on condition she provide for her mother, the wife was given the right to use or dispose of the property in any way she saw fit, but, if she died without disposing of it, it was to go to the other, charged with support of the mother.-Fowler v. Ladd, N. H., 114 Atl. 271.

65.

-Residuary Devise.-The devise of all the residue of a testator's estate to his wife, after the payment of debts and the setting aside of specific bequests to her was not specific because all the real estate of which testator died seized was owned by him at the time of the execution of the will, the rule at common law that the will spoke as of the date of its execution hot being in force in Iowa, where the will speaks as of the date of the testator's death.In re McAllister's Estate, Iowa, 183 N. W. 596. 66. Witnesses - Parol Evidence. - Where contract is partly in writing and partly in parol. death stops the parol evidence, and the writing stands.-Nickles v. Miller, S. C., 108 S. E. 90.

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67. Personal Knowledge. In actions between a living party and the representative of a deceased person, except in the case of bulky articles and services of such nature as to require assistance in delivery or performance, the person making the entries in regular books, whether he be the living party or a clerk, servant, or agent, if he has knowledge of the fact. may make oath to the delivery or the performance of the services.-Mansfield v. Gushee, Me., 114 Atl. 296.

68. -Privileged Information.-An accidental injury to the eye of an employee, for treatment for which the employee consulted a physician, is a "disease," within Civ. Code Ariz. 1913, par. 1677, subd. 6, making privileged information obtained by a physician of a patient suffering from any disease.-Phelps Dodge Corporation v. Guerrero, U. S. C. C. A., 273 Fed. 415.