(CORPORATIONS AND ASSOCIATIONS.) land previously sold, although the prior conveyances conveyed only the surface and the grantor still owned the minerals besides timber and a mill site. (Ky.) 289. A deed for a money consideration on condi tion that it shall be void if the grantor supports the grantee for life and gives him a decent burial constitutes a mortgage. (Conn.) 452. The requisite contracting parties do not exist in the case of a mortgage by a person to himself as administrator. (Vt.) 676. amounting to $250,000 or $100,000 to be paid within two years providing that failure to make any payment shall make the contract void. (Mass.) 690. The good-will and trade-marks of an insolvent manufacturing company are part of its property which may pass at an assignee's sale of the mills, machinery, etc. (Md.) 380. Private representations made before a public auction may constitute a warranty. (Vt.) 678. It may be shown that by usage the sellers of tobacco by samples undertake to guarantee the truth of statements on tags attached to the samples. (Pa.) 438. The necessity of parting with all control of deeds in order to make a delivery is shown by a decision holding that there was no delivery where a box containing them with other The price fixed by a combination of manuproperty was given by the grantor, when ex- facturers for their own purposes will not govpecting to die, to another person to be kept un-ern as to the price to be paid by a purchaser opened until after the funeral. (Conn.) 64. An agent's authority to deliver a deed of gift is terminated by the grantor's death. (Utah) 714. But the death of the lessee does not abrogate a written lease. (Miss.) 593. A stipulation in a written lease giving the right to cut and use trees on the premises may be waived by parol. (Miss.) 633. Party Wall Agreement. Although an oral agreement to pay half the value of a party-wall when it is used is held by the Texas Supreme Court not to be binding on a subsequent purchaser, the sale of the lot is held to be a use of the wall within the meaning of the contract. (Tex.) 50. Covenant on Sale of Secret. A covenant by one selling a business that she, her father, husband and brother-in-law will refrain from communicating a secret recipe used in the business to anyone but the buyer, and from using trade-marks connected with the business under a penalty of $5,000 named as stipulated damages in case of a violation of the covenant within five years, does not limit her liability for such damages to her own personal violation of the covenant, but extends it to a violation by any of the persons named. (N. Y.) 652. Sales. A somewhat peculiar case in which the obligation to make the first annual payment on a contract is held optional is one for the purchase of patents with a cash payment and an agreement for annual payments for fourteen years, | from one of them for goods ordered without mentioning the price. (Mich.) 770. A contract for ice of a described quality and thickness is an express warranty that it shall be of that quality and thickness when deliv ered, and the warranty is not waived by receiving, storing and attempting to dispose of the ice. (Me.) 224. Statute of Frauds. The Statute of Frauds as to a contract for more than one year does not apply to a parol agreement by one having a lease of a farm for one year beginning at a future day to use the ice in an ice-house thereon without charge if he would refill it so as to leave it filled when he surrendered possession. (Conn.) 646. The Statute of Frauds as to a promise to pay the debt of another applies to a verbal promise by the administrator of a mortgagee to pay taxes against the mortgagor if the collector will not levy on the mortgaged property, on which he has no lien. (Conn.) 643. Although an agreement to acquire real estate converted into money and divide the proceeds is within the Statute of Frauds, a trust to pay over the proceeds will arise where the contract has been executed, except as to such payment. (Mich.) 621. Honesty of Employé. The breach of the implied condition that an employé will serve his employer honestly by embezzling funds during every month he was employed by a contract which was entire for each month prevents any recovery for wages. (Minn.) 72. III. CORPORATIONS AND ASSOCIATIONS. A very important case as to the status of foreign corporations holds that the fact that the incorporators are all residents of the State, and the principal place of business is in the State, will not make their incorporation in an other State invalid where no fraud or evasion of the laws of the State of incorporation is shown. (N. Y.) 854. False statements in a certificate filed by a foreign corporation in order to be permitted to do business will not render the consignees liable for deceit to one who suffers loss by giving credit to the corporation. (Mass.) 733. The question whether a bank was a corporation or a partnership was held to be a question for the jury, where there was evidence of or ganization under an alleged charter, the holding of stock and receipt of dividends thereon. (Pa.) 370. The powers of a committee of a corporation appointed to make a contract may be exercised by a majority of the committee in the absence of the other members. (Mass.) 559. The estoppel of stockholders as to the corporate character of their company, has a somewhat striking illustration in a Pennsylvania case in which subscribers to companies never completely organized but merged in a new company were held estopped as against creditors of the latter to deny the legality of the merger or the corporate character of any or all of the companies. (Pa.) 779. (DOMESTIC RELATIONS; PERSONAL CAPACITY-TORTS; NEGLIGENCE, INJURIES; NUISANCES.) A corporation is not liable for the forgery Under the retaliatory feature of the Maryby its president of the secretary's signature to land statute as to foreign insurance companies, certificates of stock taken in private and per- if a Maryland company is refused a license in sonal transactions with him, although it had another State on the ground of discretion, allowed him to continue in office and have ac- companies of that State may be excluded from cess to its certificate book and seal after he had Maryland on the same ground although the violated his agreement to pledge his own shares Maryland statutes. do not in terms authorize it. to his associates by pledging them to another. (Md.) 584. (Mass.) 193. The law of a benefit society making the deThe Minnesota law as to a union depot incision as to a death claim by its committee final, the city of St. Paul is construed to require the and denying any appeal to the courts, is not railroad companies owning stock therein to invalid. (Mich.) 625. surrender some if necessary in order to allow a new company whose road enters the city to become a member of the corporation. (Minn.) 415. The reasonableness of tolls charged by a company, so long as within the limits fixed by statute, cannot be questioned, and the right to collect tolls cannot be questioned by denying the necessity of the franchise or the perfection of the improvements made by the corporation. (Pa.) 427. The rule that church property cannot be diverted from the purposes for which it was given applies in the case of a Baptist church, although independent in government, where a majority attempt to use it in teaching doctrines contrary to those of the Baptist denomination. (Iowa) 198. IV. DOMESTIC RELATIONS; PERSONAL STATUS OR CAPACITY. A divorce will not be denied to a man in | before the testator, is restricted to blood relacase of his wife's adultery by reason of the tions and does not extend to relatives by marfact that he married her while under arrest on riage. (Me.) 37. bastardy process merely to have the child born in wedlock and on an agreement with her that they should never live together, which they have kept. (Mass.) 843. Resumption of marital duties by a wife who had voluntarily left her husband is no consideration for the revocation of a valid antenuptial contract. (Pa.) 581. The right of women to be admitted to the bar on equal terms with men is affirmed by a Colorado decision in the absence of statutory or constitutional provision to the contrary. (Colo.) 538. A marriage which is void because one of the parties has no right to marry cannot legitimate a child under a statute providing for legitimation by marriage. (Mass.) 275. The meaning of the word "relative," in the Maine statute giving to the descendants the share of a relative named as devisee, who dies The presumption as to care and prudence of a child is that it was such as was usual for those of his age and experience, but the presumption is not conclusive. (Pa.) 374. The protection of infants' property is illustrated by a case in which a judicial sale to a relative, who was virtually their guardian, was set aside although the sale was in good faith and managed by a stranger appointed curator of the estate. (Ark.) 490. The distinction between residence and domicil is made in the case of a child not formally adopted but living as a member of the family of a resident of a school district, and the child is held to be a resident of the district for school purposes. (Conn.) 161. Unsoundness of mind requiring a guardian is something more than a liability to exercise "ordinary care and prudence" in managing and taking care of one's property. (Iowa) 757. V. FIDUCIARIES AND REPRESENTATIVES. The bond on granting ancillary administration may be made twice the value of the personal estate in the State, although the language of N. Y. Code Civ. Proc., § 2699, would seem to limit it to twice the amount of the claims of resident creditors. (N. Y.) 104. The ratification of unauthorized acts extends to negligence of one who was not at the time acting in the employment of the person ratifying. (Mass.) 219. VI. TORTS; NEGLIGENCE; INJURIES; NUISANCES. The rule that a breach of public duty will create a liability to a person injured in conse. quence is applied to the case of a street railroad company which failed to use the extra degree of care required by a valid ordinance. (Mo.) 74. The obligation of a sleeping car company to passengers occupying berths is illustrated by a decision that the passengers can recover for mistake in awakening them and causing them to get off at the wrong place, where they are injured by the consequent exposure. (Ťex.) 215. Malicious Prosecution. That the malicious prosecution of a civil suit without probable cause is actionable al though defendant is not arrested or his proper ty attached is affirmed as the better doctrine by the Supreme Court of Missouri. (Mo.) 59. Libel and Slander. Words which merely impute a criminal in (TORTS: NEGLIGENCE; INJURIES; NUISANCES.) tention are not within the rule which makes a | engine, water tank and threshing machine. charge of crime actionable. (R. I.) 134. (Ind.) 851. The words "Bad Debt Collecting Agency," printed in large bold type on envelopes mailed to a debtor, especially when mailed in care of his employers, constitute a criminal libel. (Mo.) 419. Falsely publishing that a person is an "anarchist" is libelous. (Ill.) 864. The privilege of discussing the character and fitness of a candidate for office does not extend to false statements. (Mo.) 59. The distinction between the privilege, in the case of libel, as to servants, and that in case of public persons, is clearly brought out in a Massachusetts decision which holds that false statements of fact as to public persons are not privileged, although free and open comment and criticism are, and that reasonable cause to believe the truth of the charge is no defense to a libel, also that damages therefor cannot be enhanced by republication of the libel by others even if it was a probable consequence. (Mass.) 91. Negligence Generally. The liability of a railroad company for injury to a boy by its turn-table left unlocked near a highway is denied by a Massachusetts decision reviewing conflicting authorities. (Mass.) 248. A common hand-car is not such a dangerous agency that a railroad company is liable for leaving it unlocked and unguarded near a railroad track at a distance from any habitation, where a boy, who with others had put it on the track, was run over and killed by it. (Utah) 765. Want of care in making an excavation whereby a building on adjoining land is damaged, is presumed where no notice was given to the owner. (N. J.) 569. The weight which may properly be driven upon a bridge is discussed in an Indiana case holding that it is not negligence as matter of law to drive upon a bridge with a traction steam Snow on the deck of a ferry-boat during a snow storm, on which a passenger slips and falls, raises no presumption of negligence on the part of the carrier. (Pa.) 366. The liability of a steamship company for negligence of a physician whom it is required by law to carry is denied in a case in which there were charges of negligence and assault by the physician in vaccinating passengers. (Mass.) 329. The rule that a telegraph company cannot exempt itself by stipulation from liability for negligence is reaffirmed by a Utah decision. (Utah) 510. The doctrine of license by acquiescence in the use of a railway crossing is held not to extend to a case of mere knowledge by the company that numerous persons are in the habit of crawling under its cars while standing on the tracks in its yard. (Ga.) 634. Voluntary Risk. Voluntarily risking one's life or safety to save another is held by an Ohio decision, following the humane doctrine of several other courts, not to constitute contributory negligence. (Ohio) 190. Injuries to Servants. The assumption of risk by continuing to work near dangerous machinery after a promise to enclose it is discussed by a Michigan case reviewing many authorities. (Mich.) 728. A loom fixer in a cotton mill, whose duty it is to look after looms and keep them in repair, is not the fellow servant of the weavers in respect to his negligence as to the looms. (N. H.) 824. A railroad employé's disobedience of a rule requiring him to examine and know the kind and condition of coupling apparatus before attempting to couple cars, where sufficient time to make it is given, will defeat his right to recover for injuries from defective couplings. (N. Dak.) 465. The rule as to the assumption of negligence by an employé is applied in the case of a brakeman to charge him with the risk of hanging from the side of a car to look under it in order to learn what made stones fly therefrom, and the company is not liable for negligence in making wing fences at cattle-guards so near the track as to strike him while hanging in that position where no such accident had ever been anticipated. (Iowa) 817. Nuisance. The exemption of a municipal corporation from liability for injuries by work done for a public benefit does not extend to a nuisance by the encroachment and overhanging of the premises of a private owner where a retaining wall is pushed over by filling up a school yard above its natural level. (Mass.) 841. Another case concerning nuisances holds that a slaughter-house is not necessarily a nuisance in a neighborhood, and that the noise of pigs kept in confinement for slaughter does not make it so. (Mich.) 321. (PROPERTY RIGHTS; LIENS; GIFTS; WILLS.) VII. PROPERTY RIGHTS; LIENS; GIFTS; WILLS. Water Rights. is laid down in 5 L. R. A. 821, by the Supreme The right to erect barriers against the over- Court of South Carolina, is again declared by flow of a river in time of floods, where it will the Supreme Court of Missouri without referdamage lands on the opposite bank by increas-ence to that decision. (Mo.) 441. ing their overflow or deflecting the river, is denied by a decision which exhaustively reviews the cases on the subject, both English and American. In this case the embankment was built by a railroad company. (Ga.) 394. The right of the owner of land bordering on a stream to use it as a pasture in a reasonable way is not affected by the fact that the waters are thereby made unfit for use, although the water-works of an incorporated company have been established lower down to supply the public with water from that stream. (Md.) 117. No riparian rights are acquired by a purchaser of lots according to a plat which shows the boundary by specified measurements and an alley on other lots between that and the water. (Wash.) 142. The right as to floatage of logs on streams is exhaustively discussed in a New Hampshire case, which is based on the rule that dams for manufacturing purposes must not interfere with public rights to floatage. (N. H.) 826. The doctrine that riparian rights may be severed from the ownership of the shore land is again maintained by a Minnesota decision. (Minn.) 411. Another case involving rights in the great ponds of Massachusetts, which have been discussed in several earlier cases in this series of Reports, sustains the right of private owners to prevent drawing water therefrom. (Mass.) 255. Room in Building. The rights of a grantee of a single room in a building, with an easement for ingress and egress, are extinguished by a destruction of the greater part of the building, whereby the identity of the room is destroyed. (Or.) 158. Fee in Road-bed. Wife's Right on Partition. ceeds on partition sale of her share of lands The right of a married woman to the provested in her by the Delaware Married Woman's Acts, is held to be absolute. (Del.) 346. The rights of the grantee in fee of coal under the surface extend to the use of a tunnel through the coal for the removal of other coal from adjacent lands. (Pa.) 627. Good-will and Trade-marks. The transfer of the good-will and trade-marks not personal is accomplished by the sale of the plant of an insolvent company by an assignee for creditors, under an advertisement describing the property as "old established and valuable cotton-duck mills." (Md.) 380. A trade union is held by a decision similar to that in 3 L. R. A. 125, not to be entitled to trade-mark where it is neither a manufacturdealer nor trader. (Pa.) 377. a er, Equity will not protect a non-union trademark label, the purpose of which is to discrimThe fee in the whole road-bed passes by ainate between union and non-union labor and deed of land bounded along a road which is laid out entirely on the grantor's own land but on the margin thereof. (N. Y.) 611. Condition. A conveyance for the use of a county in consideration of establishing a county seat at the place is not on a condition subsequent that the county seat remain there. (Ind.) 173. Reservation. A reservation of a right to flood lands conveyed by a railroad company will not be implied by the fact that a faulty embankment was already constructed. (Tex.) 657. Entireties. That an absolute divorce changes a tenancy by entirety into a tenancy in common without survivorship is decided by the New York Court of Appeals following decisions in Illinois, Indiana and Tennessee against a contrary decision in Michigan. (N. Y.) 325. Dower. The doctrine that a wife's inchoate right of dower is not cut off by a sale for taxes, which coerce laborers into joining the union by denouncing all non-union goods as "inferior, rat-shop, cooley, prison or filthy tenement-house workmanship." (Pa.) 377. The right to a trade-mark does not extend to the shape of a bottle or of a box in which bottles are packed, or in the use on such a bottle of a cap label previously used by others nor in the combination of such label and bottle. (Pa.) 343. Fraud in Transfers. ter in consideration of her marriage is not A conveyance by an insolvent to his daugh fraudulent as to creditors if made without intent to defraud. (Cal.) 711. The necessity of a fraudulent intent in order to make a conveyance fraudulent as to creditors is extensively discussed by a California decision, which holds that such intent must be found. (Cal.) 576. An innocent purchaser of personal property from one who has obtained possession of it by fraud without obtaining title acquires no title by the purchase. (Iowa) 717. (CIVIL REMEDIES; RULES AND PRINCIPLES.) Pledge. A pledge to secure a note and "any other note or claim" held against the maker includes claims against the firm of which he is a member. (Mass.) 315. Liens. A vendor on the sale of land by contract has a lien as security for a purchase money note and can transfer it to an assignee of the note. (Cal.) 187. A mortgagor's removal of personal property to another State, where it is seized and sold by his creditors on attachment, cannot affect the rights of the mortgagee whose mortgage was duly recorded in the State where the parties resided. (N. C.) 740. Dedication. The validity of a dedication of land for a public park and of an acceptance thereof is discussed in a case which holds that one who Consent to the erection of buildings is has carefully investigated the facts cannot beshown so as to render the vendor's interest sub-come a bona fide purchaser as against the dedject to a mechanics' lien, where in the contract ication although he purchases after reaching a of sale it is provided that the vendee shall erect conclusion that is erroneous. (Mass.) 251. the buildings within a specified time, although Gift. it also provides that any mechanics' liens shall be subsequent to those of the vendor. (N. Y.)tion to a certain person, but not to be bound 701. Mortgages. The rights of the mortgagee in possession are not affected by the fact that his right of action is barred. (Cal.) 437. An assignment for creditors is held by the Ohio supreme court to cut off a mortgage on real property which is not yet deposited for record, and to do so as soon as it is delivered to the probate court, although it is not itself filed for record. This decision is based on the Ohio statute, which, although not declaring that unrecorded mortgages are void as to creditors, says they shall take effect from the time they are delivered for record. (Ohio) 235. There is no merger of a mortgage in the equity of redemption acquired by the mort gagee where while he owns it another person has the mortgage as collateral. (N. H.) 294. The law as to recording chattel mortgages is illustrated by a decision that a mortgage taken after a prior mortgage on a stock of goods had been recorded to secure the purchase price of goods sold to the mortgagor after the prior mortgage was made but before it was recorded is superior to the first mortgage, where the second mortgagee first takes possession of the goods under his mortgage. (Mich.) 388. A gift of the use of the profits of a planta for his debts other than decent and comfortable support, is held not to be within the reach of his creditors. (Va.) 212. Money expended by a man while living with his married daughter on her premises without any expectation of payment, and to make improvements for his own use, cannot be charged against her estate for the benefit of his creditors after his death. (Vt.) 640. Wills. What the court calls a close case is one in which it decides that a will directing that tes tator's wife "shall have and hold the property" where he resides gives her the fee which is not cut down by a subsequent clause directing that she shall have the "sole control of the same during her lifetime." (Pa.) 359. An obligatory trust is not created by a gift to testator's wife of all his estate requesting her to leave what she does not require for her support by her will to other persons named. (Del.) 563. The time when legacies vest is discussed in a case deciding that it is at the death of the testator where an estate converted into money is to be given in equal shares among certain children and if either dies before payment his share is to be divided between the survivors. (Pa.) 360. VIII. CIVIL REMEDIES; RULES AND PRINCIPLES. A purchaser of premises after an elevated railroad has been built, which makes a continuing trespass upon easements of light, air and access, has a right of action regardless of the amount paid by him, and his recovery in lieu of an injunction must be the difference in values with and without the road. (N. Y.) 401. An action for injury to lands without the State cannot be maintained in a state court if no part of the act which caused the injury was performed within the State. (Tex.) 542. A difference in the statutes as to the right of action for negligence causing death is not sufficient to prevent action in a State other than that where the injury occurred where the difference is merely as to the person designated to bring the action or as to the amount of recovery. (N. Y.) 458. A suit by a taxpayer to set aside a contract by a city must be based on injury to himself as a tax-payer. (Tex.) 383. Failure of a bailee to procure insurance as agreed by him will not make him liable if the bailor without relying on the agreement has himself procured sufficient insurance. (Tenn.) 518. Remedy of Indian. is affirmed in a Texas case which decides that The right of an Indian to sue in a state court assign a claim for damages for its wrongful he may lawfully own personal property and destruction. (Tex.) 542. Election of Remedy. Election of remedies is not made by attachment and bill in chancery based on fraud in procuring credit so as to defeat an action on subsequently maturing notes for purchase money as the remedies are not inconsistent. (N. Y.) 91. An action to set aside an assignment for creditors as fraudulent is not such an election of remedies as will debar the creditors from |