For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER ways, 172, 175, 183, 184, 186, 194, 200, 209, 213; Homicide, 78, 236, 255, 268, 309; Livery Stable and Garage Keepers; Municipal Corporations, 705, 706; Negligence, 327, 330, 350; Trial, 3, 93; Railroads, BAILMENT. See Larceny, ~40. BANKRUPTCY. III. ASSIGNMENT, ADMINISTRATION, general and notorious recognition, does not remove the taint of illegitimacy, unless the parents subsequently marry, in which case the child is as legitimate as any child born in wedlock, in view of Code, § 3150.-Pike v. Standage, 175 N. W. 12. See Evidence, 7. BEER. BENEFICIAL ASSOCIATIONS. See Insurance, 712-770; Master and Servant, 100. BICYCLES. (E) Actions by or Against Trustee. See Municipal Corporations, 705, 706. BILLS AND NOTES. See Accord and Satisfaction, 11, 27; Alteration of Instruments, 9; Appeal and Error, 959, 1052; Assignments, 49; Contracts, 63, 66, 175; Corporations, 80, 92; Evidence, 56, 80, 158, 402, 419, 443, 471; Frauds, Statute of, 95; Guaranty, 49, 67; Husband and Wife, 171; Insurance, 134, 248, 349, 645; Justices of the Peace, 62; Limitation of Actions, 196, 197; Mortgages, 86, 235, 270; New Trial, 108; Novation, 4; Parties, 40; Partnership, 218; Payment, 16, 17, 67; Principal and Agent, 124; Principal and Surety, 155; Sales, 52, 441, 450; Stipulation, 14, 140; Subrogation, ~41; Usury, 56; Wills, 89, 93. I. REQUISITES AND VALIDITY. (C) Execution and Delivery. 63 (Iowa) Where testatrix, when she executed will, requested named executor to prepare note, saying, "I want to provide something for Arthur to live on after I die," and after note was prepared and signed by her turned it over to executor, it will be inferred, in the absence of evidence to the contrary, that she intended that delivery to executor should operate as a delivery to payee.-Lawrence v. Scurry, 175 N. W. 22. Delivery is largely a matter of intention.-Id. (E) Consideration. 90 (Iowa) To be valid and legally enforceable as between the parties, an agreement or undertaking of any kind must be supported by per, in its indorsement, as well as its execuconsideration, a rule to which commercial pation, affords no exception.-State Sav. Bank of Logan v. Osborn, 175 N. W. 964. 100 (Iowa) Parentage is essential to inheritance, except when adoption has been effected, and the right thereto by an illegitimate child may be established by proof of parentage 92(1) (Iowa) Instrument in substance and and recognition in writing, or general or notorious recognition of the subsequent marriage at the same time that she executed her will, form a promissory note, executed by testatrix of the parents; but recognition in writing, or imported a consideration.-Lawrence v. Scurry, general and notorious recognition, does not 175 N. W. 22. remove the taint of illegitimacy, unless the (F) Validity. parents subsequently marry, in which case the child is as legitimate as any child born in wed-103(1) (N.D.) Where a note is procurlock, in view of Code, § 3150.-Pike v. Standage, ed by fraud and misrepresentation, there is no legal execution nor delivery of it, and it is of no legal force nor effect.-Stevens v. Barnes, 175 N. W. 709. 175 N. W. 12. 101 (Iowa) In an action by one born out of wedlock before the marriage of her alleged parents to recover part of her alleged father's estate, a finding that deceased was not her father held sustained by the evidence.-Pike v. Standage, 175 N. W. 12. 105 (Iowa) Parentage is essential to inheritance, except when adoption has been effected, and the right thereto by an illegitimate child may be established by proof of parentage and recognition in writing, or general or notorious recognition of the subsequent marriage of the parents; but recognition in writing, or IV. NEGOTIABILITY AND TRANSFER. (A) Instruments Negotiable. 171 (Wis.) An indorsee under restrictive indorsement takes a title qualified either as to person or use, and the delivery of the instrument gives effect to the indorsement, and it passes to the indorsee subject to all the restrictions imposed, in view of St. 1917, § 1676-17.-Gulbranson-Dickinson Co. v. Hopkins, 175 N. W. 93. (B) Transfer by Indorsement. does not apply.-Gulbranson-Dickinson Co. v. 199 (Wis.) Indorsement by payee to a bank Hopkins, 175 N. W. 93. "for credit account of" payee's creditor trans-362 (S.D.) Indorsee of note from innoferred the whole title in the note to the bank for the benefit of the creditor.-GulbransonDickinson Co. v. Hopkins, 175 N. W. 93. (C) Transfer Without Indorsement. 209 (Wis.) While as between the payee and the plaintiff, its creditor, beneficiary of payee's indorsement of notes to a bank, the proceeds of the note, when paid, were to be applied to plaintiff's use, plaintiff was not in any sense of the term an indorsee, and, the instruments not being delivered to it until after due, and it having no legal title thereto, the instruments in plaintiff's hands were nonnegotiable, and subject to any defense which might have been made against them in the hands of the payee.Gulbranson-Dickinson Co. v. Hopkins, 175 N. W. 93. V. RIGHTS AND LIABILITIES ON IN- 226 (Iowa) Neither the Negotiable Instruments Act nor the rule against parol evidence to vary the terms of a writing, as between the original parties, precludes pleading or proof by defendant, indorser of the note in suit, of no consideration or failure of consideration for the indorsement.-State Sav, Bank of Logan v. Osborn, 175 N. W. 964. Where indorsement of a note is not by way of negotiation to the indorsee bank, but is a subsequent act or independent transaction, it requires some independent consideration.-Id. Where plaintiff bank agreed to purchase all notes given by purchasers of defendant's property, and to have notes made to itself without assumption of liability by defendant, but bank's officers had note made to defendant as nominal payee without defendant's knowledge, defendant was charged with no duty to assume liability of indorser to bank, and, if he did, merely to pass title or for accommodation, defense of want of consideration is open to him, when sued on indorsement by bank.-Id. Where defendant indorsed to a bank another's note to him on independent consideration, consisting of assurance of bank that it held mortgage security on maker's property in excess of debt, and would apply first money realized from security to debt, and bank did collect sufficient to pay note, but used it for payment of other debts of maker, leaving note unpaid, consideration for defendant's indorsement failed, and defendant may plead failure when sued by bank.-Id. (B) Indorsement for Transfer. 290 (Wis.) A payee's indorsement of notes to a bank "for credit account of" payee's creditor is a restrictive indorsement as defined by St. 1917, § 1676–6, conferring rights as fixed by section 1676-7.-Gulbranson-Dickinson Co. v. Hopkins, 175 N. W. 93. cent holders for value took it free from all equities and defenses between the original parties to it, although the reindorsement was after maturity.-Union Inv. Co. v. Schonebaum, 175 N. W. 357. Since innocent purchasers for value could indorse a note which they held in due course, after its maturity, and give indorsee thereof as good title as they themselves had, it was immaterial to such indorsee's title that the loan which such note, with others, was transferred to secure, was paid after maturity of such note, and that such note was thereafter retained by the indorsee as security for other indebtedness of the indorsers, under a general agreement with the indorsers that all collateral put up by them should be held by indorsee as security for any and all indebtedness they might owe him.-Id. bank, with intent to defraud defendant, repre373 (Minn.) Where president of plaintiff sented that he owned certain land, and that, if defendant would sign a contract for its purchase, he would resell it to a certain person at a profit, whereby defendant executed contracts and signed notes leaving space for payee blank, on condition that they be held until title vested in defendant, and president wrote in plaintiff's nåme as payee and turned them in to its cashier, the president's title was defective within Gen. St. 1913, § 5867.-State Bank of Rogers v. Missia, 175 N. W. 614. VI. PRESENTMENT, DEMAND, NOTICE, AND PROTEST. 395 (Iowa) Where the payee of a note, which was given for the purchase price of corporate stock, sold under an agreement that it could be returned, etc., after negotiating the note, agreed with the maker, the buyer, who exercised his option to return the stock, that he would return the purchase price including the note, the payee thus became primarily liable, and therefore not discharged by plaintiff indorsee's failure to protest the note when due and to give notice of nonpayment thereof.Citizens' State Bank of Mt. Vernon v. Hendrix, 175 N. W. 17. 408 (Iowa) Where the payee of a note, which was given for the purchase price of corporate stock, sold under an agreement that it could be returned, etc., after negotiating the exercised his option to return the stock, that note, agreed with the maker, the buyer, who he would return the purchase price including the note, the payee thus became primarily liable, and therefore not discharged by plaintiff indorsee's failure to protest the note when due.Citizens' State Bank of Mt. Vernon v. Hendrix, 175 N. W. 17. VII. PAYMENT AND DISCHARGE. 430 (Neb.) The renewal of a note by giving a new note does not pay the original debt or create a new indebtedness.-Spear v. Olson, 175 N. W. 1012. (D) Bona Fide Purchasers. 431 (Minn.) Where check is presented for 350 (Wis.) Where a note was not delivered payment to drawee having funds of drawer to to plaintiff, beneficiary of a restrictive indorsemeet it, and payee for his own convenience re-. ment, until after due, plaintiff did not becomeceives part in cash and part in drafts or cashthe owner and holder before maturity, so that he did not have a legal title to unite with his equitable title before maturity.-GulbransonDickinson Co. v. Hopkins, 175 N. W. 93. ier's checks of drawee, the transaction is a payment of check as between drawer and drawee, so that drawee, when sued on the drafts, cannot set up as a defense that drawer for good sued and delivered to payee of check.-Johnson cause stopped payment after drafts were isv. First State Bank of Rollingstone, 175 N. W. 612. VIII. ACTIONS. 357 (Wis.) Where notes were not accepted by plaintiff, creditor of payee, and were not held as collateral by the bank to whom they were indorsed, but were held as trustee for plaintiff's benefit, the bank, as indorsee, is within the provisions of St. 1917, § 1676-6, relating 443(1) (Wis.) In view of St. 1917, § 2605, to restrictive indorsements, and the principle providing that every action must be prosecuted that an indorsee, accepting negotiable paper as in the name of the real party in interest, one collateral security, may be a holder for value for whose benefit a note was indorsed to an For cases in Dec.Dig. & Am,Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER BLOOD POISON. other may maintain an action upon the note in BOARDS. missive, and not requiring that the beneficiary See Schools and School Districts, 164. be joined with the trustee.-Gulbranson-Dick inson Co. v. Hopkins, 175 N. W. 93. 497(5) (Minn.) Where president of plaintiff BOILER ACT. bank, with intent to defraud defendant, repre- See Courts, 97. · BOILERS. BONDS. profit, whereby defendant executed contracts and See Master and Servant, 293. 497 (5) (N.D.) Fraud in the inception of a contract and note having been shown, the burden shifted to the indorsee to prove by fair preponderance of the evidence that he was a good-faith purchaser, for value, before maturity, without notice, which he failed to do in the case.-Stevens v. Barnes. 175 N. W. 709. Attachment, 331, 339; Bridges, ~5; Chattel Mortgages, 279; Clerks of Courts, 75; Counties, 123; Courts, 202; Guaranty, 20; Highways, 113; Mechanics' Liens, 114; Municipal Corporations, 521; Principal and Surety, 117, 161; Schools and School Districts, 97; Sheriffs and Constables, 158, 170. BONUS. See Bounties, 1; Constitutional Law, 518(1) (Iowa) In proceeding involving validity of instrument in substance and form a promissory note, executed by testatrix at the same time that she executed will, held, evidence was insufficient to overcome prima facie case of consideration.-Lawrence v. Scurry, 175 N. See Food, 1/2. W. 22. 518(1) (Mich.) Plaintiff's own testimony BORIC ACID. BOULEVARDS. held to show a failure of consideration for See Municipal Corporations, 413. W. 385. BOUNDARIES. Districts, 20, 22. 518(1) (Wis.) In action on notes given for See Homestead, 91; Schools and School advertising matter and services in business promotion, evidence held sufficient to show a failure of consideration. Gulbranson-Dickinson Co. v. Hopkins, 175 N. W. 93. 520 (N.D.) In an action upon a nonnegotiable note, a defense based upon false and fraudulent representations inducing its execution is not established without proof that the representations were false.-Bank of Valley City v. Lee, 175 N. W. 575. 525 (Minn.) Evidence in action on notes held to sustain findings that plaintiff bank took notes in bad faith, because of its failure to make inquiries called for by circumstances of transaction, in which its president on false representations procured the notes from defendant and turned them over to bank.-State Bank of Rogers v. Missia, 175 N. W. 614. 537(6) (Minn.) In bank's suit on notes bought through its cashier from payee which were given under such circumstances that makers had a defense against payee, and that bank had the burden of proving good faith and want of notice, in view of Negotiable Instruments Act (Gen. St. 1913, § 5871), held, on the evidence, that the bank's good faith was for jury, in view of sections 5870, 5868.-First Nat. Bank v. Anderson, 175 N. W. 544. II. EVIDENCE, ASCERTAINMENT, AND ESTABLISHMENT. 43 (Iowa) A boundary line decree that the parties had acquiesced in a dividing fence between their properties for many years and establishing it as the true boundary line held not indefinite.-Chandler v. Hopson, 175 N. W. 62. 45 (Iowa) Under Code, § 4238, providing that costs in boundary line litigations may be taxed against the land involved, such costs may be taxed against a homestead, since section 2972, exempting homesteads from judicial sale where there is no statutory declaration to the contrary, does not modify the express and later provisions of section 4238.-Chandler v. Hopson, 175 N. W. 62. 48(7) (Iowa) Where the owners of adjoining lands had acquiesced in the location of a dividing fence for some 40 or 50 years, such fence became the true boundary, although it did not exactly follow the section line dividing the properties.-Chandler v. Hopson, 175 N. W. 62. BOUNTIES. See Constitutional Law, 48, 58, 62, 63, 70, 208; States, 117, 119; Statutes, 352, 95, 220; Taxation, 40, 42, 54. 539 (Minn.) In action by bank on notes defended on the ground that title of plaintiff's transferor was defective within Gen. St. 1913. § 5867. conclusions of law in favor of defend- (Minn.) Laws 1919 (Ex. Sess.) c. 49, apant held to accord with findings of fact as to knowledge of plaintiff's cashier that notes were not proceeds of collections made for it, and that they were taken in bad faith by it.-State Bank of Rogers v. Missia, 175 N. W. 614. BLANKET INSURED. See Insurance, ~494. BLANKS. See Bills and Notes, 373, 497. propriating $20,000,000 for the payment of additional compensation to those serving with the associated forces in the war with Germany, is authorized by Const. art. 9, § 7, which for bids the state to contract any public debt unless "in time of war to repel invasion or suppress insurrection," except as provided in sections 5 and 6 of that article, and is constitutional.-Gustafson v. Rhinow, 175 N. W. 903. Laws 1919 (Ex. Sess.) c. 49, appropriating $20,000,000 for the payment of additional compensation to those serving with the associated reasonable time.-McCarney v. Lightner, 175 N. 54 (Mich.) To entitle a broker employed forces in the war with Germany, by section 1 (Wis.) The power of Congress under Const. There is nothing in the Soldiers' Bonus Act BREEDING. See Animals, 202. BRIDGES. See Counties, 123; Taxation, 40, 493. 5 (Neb.) Rev. St. 1913, § 3840, requiring 20(2) (Neb.) Labor and material entering A bond given under Rev. St. 1913, § 3840, V. ACTIONS FOR COMPENSATION. 86 (5) (Mich.) A broker employed to ne- VI. RIGHTS, POWERS, AND LIABILI- 91 (Wis.) A real estate dealer having no Where a real estate agent placed land for sale 102 (Wis.) A real estate agent who, in plac- Where a real estate agent fixed the selling Where a real estate agent fixed a selling price understand that the price given him by the prin- BUILDING RESTRICTIONS. 44 (Wis.) Where bottle manufacturing BULK SALES. See Equity, 65; Fraudulent Conveyances, 49(1) (Iowa) Where there is no express BURGLARY. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER CANALS. See Taxation, 20. CANCELLATION OF INSTRUMENTS. CANCER. See Master and Servant, 405. CARMACK AMENDMENT. CARRIERS. See Appeal and Error, 887, 1050, 1056; I. CONTROL AND REGULATION OF (A) In General. culations at destination held to make a jury (K) Discrimination and Overcharge. 200 (Iowa) In action to recover freight 202 (Iowa) In action against a carrier for Admissions in duplicate bills of lading and III. CARRIAGE OF LIVE STOCK. 13(2) (Minn.) A carrier, issuing a bill of lad-208 (Iowa) If an express company car- 100. Í. CARRIAGE OF GOODS. (A) Delivery to Carrier. rying live stock knew it was unattended by 40 (Mich.) If a great demand upon a rail-211 (Iowa) The duty rested on an ex- In case of a car shortage, it is the duty of To measure a railroad's duty to prepare to 45 (Mich.) In an action against a railroad Whether unjust discrimination as against (F) Loss of or Injury to Goods. 136 (Iowa) Duplicate bills of lading and Duplicate bills of lading and shipping receipts press company carrying horses properly to 217(1) (Iowa) If a shipper of live stock 228 (1) (Iowa) Where the owner 228 (3) (Iowa) In an action against an ex- |