powers, or where he is not acting officially: Michigan Paneling Co. v. Parsell, 38 Mich. 475; Doyle v. Mizner, 40 Id. 160. And this is true both as to officers and directors individually: Peck v. Novelty Works, 29 Mich. 313; Finley Shoe and Leather Co. v. Kurtz, 34 Id. 89; Wells v. Martin, 32 Id. 478; Bowen v. School District, 36 Id. 149; Kalamazoo Novelty Co. v. McAlister, 36 Id. 327; 40 Id. 84; Continental Life Ins. Co. v. Willets, 24 Id. 268; New York Iron Mine v. Neguanee Bank, 39 Id. 644, Highway Commissioners v. Van Dusan, 40 Id. 429; Kornemann v. Monaghan, 24 Id. 36; Bottomley v. Port Huron & N. W. R'y Co., 44 Id. 542; Lockwood v. Thunder Bay River Boom Co., 42 Id. 536. A good deal of stress was laid upon the use by Mr. Carroll of blank letter-heads, in which he describes his office as paymaster of the Pontiac, Oxford, and Port Austin Railroad He did not, however, describe himself as paymaster of the company, and he was in fact paymaster in all the business. pertaining to the construction of the road. But while this description might create some confusion, it is sufficient to say that he is not shown either to have represented the company, or to have been recognized in any way as its agent. And furthermore, the action of such an officer in making payments could not enlarge his authority, or indicate anything more than . that he considered himself entitled to pay what he did pay. In Wells v. Martin, 32 Mich. 478, it was held a paymaster could not bind the company by agreement or ratification. If he had been in fact a company agent, his powers could not go beyond his agency. He denies, in fact, any power to act for defendant, and that testimony stands uncontradicted. But the burden was on plaintiff. See also Mink v. Morrison, 42 Mich. 567; Canadian Bank of Commerce v. Coumbe, 47 Id. 360; Danaher v. Garlock, 33 Id. 295; Bowen v. School District No. 9 of Rutland, 36 Id. 149; and cases above. There would be no profit in considering the other questions, as most of them are more or less dependent on similar principles, and it is evident that if any one is responsible it is not defendant. Judgment must be reversed, with costs, and a new trial granted. PERSON DEALING WITH AGENT IS BOUND TO ASCERTAIN EXTENT OF HIS AUTHORITY: Lister v. Allen, 100 Am. Dec. 78. and note. INDEX TO THE NOTES. ARREST, homicide committed in resisting, 147. BANKERS, debts not yet due to, no lien exista for, 203. lien of, general nature and extent of, 202. lien of, is judicially noticed, 202. lien of, on bills indorsed for collection, 203. lien of, on securities pledged for the payment of a particular debt, 203. CHATTEL MORTGAGE, evidence to identify subject of, 87. CONDITIONAL SALE, distinction between and a mortgage, 699. inadequacy of price tends to show that it was really intended as a mort- when will be declared to be a mortgage, 699. CONSTITUTIONAL LAW, tax deeds may be made prima facie evidence of title, 188. tax deeds, of what may be made conclusive evidence, 188. tax deeds, statutes declaring them to be conclusive evidence of title, 187. CORPORATION dwells in the state where created, 760. existence of, how proved, 570. right of, to act beyond the state where created, 760. stock, certificates of, are not negotiable, 759. CORPUS DELICTI, proof of, by circumstantial evidence, 431. forgery, indictment for, 765. kidnaping, carrying away is an essential part of, 448. kidnaping, consent of child to, 448. kidnaping, consent to, obtained by fraud, 448. kidnaping, consent of injured party to, when no defense, 449. kidnaping defined, 447. kidnaping, essentials of crime of, 448. kidnaping, force, when not essential to crime of, 448. kidnaping, indictment for, requisites of, 449. kidnaping of intoxicated person, 449. kidnaping, punishment of, 450. kidnaping, statutes defining crime of, 448. new trial, statute directing that defendant shall be tried de novo after, 119. CRIMINAL LAW, new trial, whether may subject defendant to conviction of sanity of prisoner, right of to preliminary inquiry concerning, 642. for loss of life, measure of, 381. for public use for which compensation must be made, 399–405. DEFINITION of forgery, 764. of kidnaping, 447. DEPOSIT OF TITLE DEEDS, equitable mortgage, when created by, 697-699. EJECTMENT, general issue is commonly the only plea in, 383. plea of statute of limitations in, 382. special pleas in, when proper, 383. statute of limitations, whether must be pleaded in, 382–384. damages for consequential injuries, 399, 400. damages for destroying property to prevent spread of conflagration, 403. damages for establishing railway on public highway, 400, 402. damages for partial destruction of property, 399. damages for vacating public street, 402. damages for which no compensation need be made, 399. damages for overflowing lands or diverting stream therefrom, 403. dainages for taking property in time of war, 403. damages where there is no taking of property, 400. franchise, damages for taking, 404. taking of property, what equivalent to, 401, 669. ESTOPPEL, representations from which may arise, 41. EVIDENCE, tax deeds, statutes declaring them prima facie or conclusive evi. EXECUTION, exemption granted to "day-laborer," locomotive engineer is en- exempt property, injunction against sale of under execution, 32. FRANCHISE, damages for taking in exercise of powers of eminent domain, 404 HOMESTEAD, lien of judgments on, 687. INJUNCTION against sale of property under execution, 32. to prevent clouding of title, C87. INSURANCE, agent of company, authority of, 751. JUDGMENT, nunc pro tunc entry of, after appeal taken, 830. nunc pro tunc entry of, classification of cases where proper, 829. nunc pro tunc entry of, delay of court as a ground for, 829. nunc pro tunc entry of, delay caused by adverse party, when a ground nunc pro tunc entry of, effect of, as against the partics, 833. nunc pro tunc entry of, effect of, as against third persons, 833. nunc pro tunc entry of, evidence on which may be based, 831-833. nunc pro tunc entry of, laches of moving party when will be fatal to nunc pro tunc entry of, memorandum sufficient to authorize, 831. JUDGMENT, nunc pro tunc entry of, notes of presiding judge as basis for, 832. nunc pro tunc entry of, parol evidence, when sufficient to authorize, 833.. nunc pro tuuc entry of, when improper, 831. nunc pro tunc entry of, when proper, 829. nunc pro tuuc entry of, where judgment was rendered but not entered, nunc pro tunc entry of, where no judgment has been rendered, 830. reversal of, when entitles party to moneys paid under, 608. LIBEL, mercantile agency, false publication in, 79. LIEN of bankers, 202, 204. MASTER AND SERVANT, fellow-servants, who are, 84. machinery, dangers in, of which servant must take notice, 311. equitable, agreement to give a mortgage, instances of, 700. equitable, agreement to give mortgage, though not in writing, 700. equitable, assignment of contract of purchase, 703. equitable, assignment of certificates of stock which represent land, 704 equitable, assignment of rents and profits, 702. equitable, conditional sales are construed to be, in doubtful cases, 699. equitable, conditional sale may be declared to be, 699. equitable, created by agreement to give a mortgage, 696, 700. equitable, created by any deed or contract intended as security, 696. equitable, defectively executed mortgage, 701. equitable, deposit of title deeds, accompanied by a writing, 697. tended as a security, 697. equitable, deposit of title deeds is an English method of creating, 698 equitable, deposit of title deeds, whether creates, in these United States, equitable, may exist by operation of statute, 702. equitable, registry acts, operation of, upon, 706. equitable, vendor's lien, 704–706. redemption, right of, cannot be cut off by words, 696. subrogation to lien of, 588. MORTGAGEE IN POSSESSION, agent, liability for acts and neglects of, 69 care which must exercise, 69. charges with which may not burden the estate, 69. commission of waste by, 69. compensation of, for care, 71. |