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paying out a deposit to one not authorized | in a mutual benefit society, adhered to for
to receive it.

Id. two years and five months, is not subject to

change, so as to permit a certificate holder
NOTES AND BRIEFS.

to treat the contract as rescinded, and sue

for assessments paid. Supreme Council A.
Banks; liability of savings banks for L. of H. v. Lippincott (C. C. App. 3d C.)
payments to fraudulent claimants :-(I.)

803
General rule requiring reasonable care by

2. Breach of the contract of a mutual
the bank; (II.) the application of the rule benefit society by arbitrary reduction of
of reasonable care as affected by the bank's the amounts of outstanding certificates is
by-laws: (a) in general; (6) by-law pro- not a continuing one, so as to entitle a cer-
viding for payment to the depositor's repre- tificate holder to elect to treat the contract
sentative after his death; (III.) the bind-
ing effect of the by-laws upon the deposit: set for performance.

as rescinded at any time before the time

Id.
or: (a) assent by the depositor; (b) what
is a reasonable by-law; (IV.) limits of the
application of the rule requiring reasonable BETTING.
care: (a) in general; (b) payment upon

Playing Pool as, see GAMING.
fraudulent claim of identity merely; (c)
payment upon impersonation of the de- BIBLE.
positor, combined with forgery; (d) pay-

Reading of, in School, see Schools, 3.
ment upon forged orders alone; (e) pay-
ment without either impersonation or for- BICYCLES.
gery; (f) payment after the death of the
depositor; (g) the obligation to compare

NOTES AND BRIEFS.
the signatures; (V.) contributory negli-
gence of the depositor: (a) in general; (6)
failure to give notice to the bank; (c) fail-

Bicycle as a vehicle.

346
ure to keep pass book safely; (VI.) mat-
ters of evidence.

317 | BILL BOARD.
Duty to take notice of depositor's death;

Placed Near Edge of Street; Municipal
payment of deposit to impostor; right to

Liability for Injury by Fall of,
recover back money paid to person present-

see MUNICIPAL CORPORATIONS, 7.
ing pass book of dead depositor; where
bank has no knowledge of death; care re-

BILL OF ATTAINDER.
quired of bank in paying deposit. 321

See ATTAINDER.
Payment of deposit on presentation of
pass book; liability where payment made BILL OF REVIEW.

See also REVIEW.
to impostor; regulation relieving bank
from liability for fraud in withdrawing
money; effect of negligence of depositor in

NOTES AND BRIEFS.
care of pass book; presumption that bank-
ers know signatures of depositors; measure Bill of review; limitation of time for
of care required of bank in paying deposit; filing.

397
duty to keep signatures of depositors on file
for comparison.

329

BILLS AND NOTES.
Rule that, if depositor does not present Enforcing Note for Principal and for
book personally, order properly signed and

Interest in Same Action, see AC-
witnessed must accompany book; liability

TION OR SUIT, 2.
for payment contrary to rule; by-law re- Law Governing Married Woman's Lia-
lieving bank from liability for wrong pay.

bility on, see CONFLICT OF LAWS,
ment when depositor has failed to give no-

5, 6.
tice of loss of pass book; what vigilance For Purchase Money, Stay of Action
required of bank in detecting fraud; rule

on, see INJUNCTION, 5.
that payment to person presenting book Right of Set-Off in Action on, see SET-
shall be binding on depositor; negligence of

OFF AND COUNTERCLAIM.
bank in making payment question for

342

1. The execution of a renewal note in
jury.

consideration of the surrender of one upon
BENEVOLENT SOCIETIES.

which the signer was liable as surety will
1. An election to treat the original bind him as principal, as between himself
contract as still in force, upon notification and the payee. Garrigue v. Keller (Ind.)
of reduction in the amounts of certificates

870

Defenses.

BOILER.
Laches as, see LIMITATION OF ACTIONS, Master's Liability for Injury to Serv-
2.

ant by Explosion of, see MASTER
Availability of Defense of Recoupment

AND SERVANT, 3-5.
though Affirmative Action Barred,
see LIMITATION OF ACTIONS, 3.

BONDS.
Removal of Bar of Limitations, see

Estoppel of Corporation to Claim Pay-
LIMITATION OF ACTIONS, 6.

ment of, see ESTOPPEL, 6.
2. One who purchases for value, of a

Of Corporation, Conclusiveness against
creditor, the obligation of his debtor and

Corporation of Judgment as to, see
obtains the latter's promissory note, pay-

JUDGMENT, 4.
able to himself, as evidence of his obliga- A statute requiring that all bonds for the
tion, with full knowledge of the considera- faithful performance of official or fiduciary
tion thereof, and of the facts which con- duties, or the faithful keeping, applying, or
dition the inception of the original obliga- accounting for funds or property, with cer-
tion, takes the note subject to all the tain exceptions, must be executed by a surety
defenses which existed against it in the company or companies, is invalid as an inva-
hands of the original creditor. Williams sion of the liberty to contract guaranteed
v. Neely (C. C. App. 8th C.)

232 by the Constitution. State ex rel. McKell
3. A partial failure of consideration, v. Robins (Ohio)

427
which results from a defect of title, is a
good defense pro tanto to an action by the

NOTES AND BRIEFS.
vendor upon a promissory note given for
the purchase price of land which he has

Bonds; when equity will go above penal

234
conveyed with covenants of warranty and

sum of.
against encumbrances.

Id. Action on; impossibility of performance of
4. A sound reason, inhering in the same

condition as defense; where impossibility

285
transaction from which a promissory note arises through act of obligor.
springs, why the holder ought not, in equity Statute requiring all surety bonds to be
and good conscience, to recover its face signed by surety company.

428
value, is a good equitable defense to it, al-
though this defense constitutes neither an

BOULEVARD.
offset nor a counterclaim, nor an affirmative

Condemnation of Land for, see EMINENT
cause of action against the holder of the

DOMAIN, 4, 5.
note.

Id.

Sufficiency of Title of Statute as to,

see STATUTES, 4.
NOTES AND BRIEFS.

BREACH.
Bills and notes; who considered innocent

Of Contract; Malicious Procurement
purchaser of; note given for purchase price

of, see CASE.
of land; breach of covenants in deed as de-
fense to action on note; right of action on

BRIBERY.
bond given by equitable owner of note as

Power of Legislature to Expel Member
defense to action on note.

for, before Conviction, see LEGIS-
234

LATURE, 4.
Effect of giving note to secure interest
accrued note previously given

1. The solicitation of a bride does not
acknowledgment of indebtedness upon lat. constitute an attempt to accept or receive a
ter; effect of mortgage given to

bribe. State v. Bowles (Kan.)

176
original note as security for second note 2. The solicitation of a bribe is not pun-
given for interest on first one.

261 ishable as a crime by the laws of Kansas.
What law governs where parties have
fixed place for performance diferent from
domicil; married woman's contract of BUILDING AND LOAN ASSOCIA-
suretyship; effect of admissions of maker

TIONS.
of note on liability of surety.

871 1. A statute which confers power on build-

ing and loan associations “to assess and col-
BOARD OF TRADE.

lect from members and depositors such dues,
Right to Enjoin Wrongful Dissemina- tines, interest, and premium on loans made,

tion of Quotation of Prices, see In- or other assessments, as may be provided for
JUNCTION, 4.

in the constitution and by-laws;" and which
Effect of Carrying on Gambling Trans- further provides that “such dues, fines, pre

actions on Property Right in Price miums, or other assessments shall not be
Quotations, see PROPERTY.

deemed usury, although in excess of the legal

on

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secure

Id.

rate of interest,”—is not in conflict with | nished by him depends upon whether it was
Ohio Const. art. 2, $ 26, requiring all laws to discoverable by the exercise of such care as
háve a uniform operation, or art. 1, § 2, for is usually exercised by persons of ordinary
bidding the grant of special privileges or im- prudence in the conduct of such business.
munities. Cramer v. Southern Ohio L. & T.

Id.
Co. (Ohio)

415

3. A carrier cannot delegate to another the
Premiums.

duty of seeing that the means of egress from
2. The premium for a loan, if reasonable its terminal grounds are reasonably safe.
in amount, need not be ascertained by com- Cotant v. Boone Suburban R. Co. (Iowa)
petitive bidding for precedence in obtaining

982
the loan, but it may be fixed at the uniform 4. A railway company which expressly or
rate by the constitution and by-laws of the by implication invites its passengers to use
association, under a statute empowering a stile over a wire fence in leaving its
building and loan associations to impose such grounds is bound to use at least ordinary
premiums or assessments as may be pro- care in seeing that it is fit for the purpose
vided for in the constitution and by-laws, intended, although the stile was not erected
and exempting such associations from the by it, and the defective part is not on its
operation of the usury laws.

Id.

property, but where it has no right to go to
make inspection or repairs.

Id.
NOTES AND BRIEFS.

Contributory negligence of passenger.
Building and loan associations; validity

Question for Jury as to, see TRIAL, 7.
of statute exempting from operation of usury

5. Passengers have a right to assume that
laws; mutuality as essential principle of means of egress from the carrier's terminal
building association.
417 grounds are reasonably safe.

Id.

Liability as to baggage.
BUILDINGS.

6. The checking of baggage to destination
License to Use Stairway on Outside of, upon a through ticket to transport the pas-
see LICENSE, 3.

senger over roads of initial and connecting

carriers will render the initial carrier liable
BURDEN OF PROOF.

for its loss on a connecting line. Kansas
See EVIDENCE, 4-7.

City, Ft. S. & M. R. Co. v. Washington
(Ark.)

65
BURGLARY.
By One Apparently Assisted by Detec-

7. A steamship company is not entitled to

a limitation of its liability for loss of pas-
tive, see CRIMINAL LAW, 1-3.

sengers and baggage through the sinking of
NOTES AND BRIEFS.

its vessel, where its crew could not under-

stand the language of its officers, and were
Burglary; criminal liability when insti- not drilled in the launching of the boats, so
gated by private detective with approval of that after the accident but one boat was suc-
proprietor of place burglarized. 406 cessfully launched, although there was time
Necessity of instruction as to law on cir- enough to launch them all had proper orders

been given and obeyed, and the statute pro-
cumstantial evidence on prosecution for

vides that no steamer carrying passengers
197, 207

shall depart from any port unless she shall

have in her service a full complement of
BUSINESS.

licensed officers, and a full crew sufficient at
NOTES AND BRIEFS.

all times to manage the vessel. Re Pacific

Mail S. S. Co. (C. C. App. 9th C.) 71
Business; what constitutes.

599 Duty and liability as to freight.

Proximate Cause Loss, see PROXI-
CARRIERS.

MATE CAUSE, l.
Duty and liability as to passengers.

8. It is the duty of a common carrier to
Questions for Jury as to Safety of Exit, whom goods are delivered for transporta-
see TRIAL, 7.

tion, to forward them promptly, and with-
1. Livery-stable keepers are not within the out unreasonable delay, to their destina-
rule that common carriers of passengers are tion. Bibb Broom Corn Co. v. Atchison, T.
bound to exercise extraordinary care for the & S. F. R. Co. (Minn.)

509
safety of their passengers. Stanley v. Steele

9. A carrier who negligently and carelessly
(Conn.)

561

delays a shipment is liable for the loss, where
2. Whether or not a livery-stable keeper is the goods are overtaken in transit and dam-
liable to a patron for an injury due to a aged by an act of God which would not have
defect in the neck yoke of the carriage fur- I caused the damage had there been no delay,

see

even though the act of God could not rea Duty to keep stile used as exit from
sonably be anticipated; and this is true ground safe; where carrier did not erect
whether the goods are in their nature per- stile, and it is on land of other party; care
ishable or nonperishable.
Id. of passenger in using exit.

983
Governmental control; discrimina-
tion.

CASE.

See also CONSPIRACY.
10. A carrier may at any time change its
policy as to furnishing shippers of a certain The malicious procurement of a breech of
commodity privileges which, under the law, contract of employment, resulting in dam-
it is not bound to extend to them. Central age where the procurement was during
of Ga. R. Co. v. Augusta Brokerage Co. the subsistence of the contract, is an action-
(Ga.)

119 able wrong. Employing Printers Club v.
11. That a discrimination by a carrier Dr. Blosser Co. (Ga.)

90
against a particular commodity is dictated
by the business interests of the carrier, and CASH DIVIDENDS.
really affects but a single shipper, does not

Right of Life Tenant as to, see LIFE
make it unlawful.

Id.

TENANTS, 3-6.
12. Discrimination against shippers only, CHICKEN HOUSE.
and not against commodities, is forbidden by

As Nuisance, see NuisANCES.
the rule promulgated by the railroad com-
mission of Georgia that carriers, “in the CHOSE IN ACTION.
conduct of their intrastate business, shall Rights of Assignee of, see AssIGNMENT.
afford to all persons equal facilities in the
transportation and delivery of freight.” Id. CIRCUMSTANTIAL EVIDENCE.
13. Unjust discrimination against ship-

Necessity of Instruction as to,
pers engaged in interstate commerce, as to

TRIAL, 12.
the matter of issuing through bills of
lading or furnishing reshipping facilities at CLOUD ON TITLE.
terminal points within the state of Georgia,

NOTES AND BRIEFS.
does not constitute a violation of rule 36 of
the Georgia railroad commission that car-

Cloud on title; jurisdiction of equity of
riers in their intrastate business shall afford suit to remove cloud on title to land in other
to all persons equal facilities in the trans state or country.

682
portation and delivery of freight. Id.

14. A discrimination by a carrier against COAL.
cotton seed, by refusing to issue through

Duty of One Mining to Leave Surface
bills of lading or to furnish its cars to con-

Support, see MINES.
necting carriers in order that shipments
may be carried to ultimate destination with-

COMBINATIONS.
out reloading at terminal points, is not un-

Injunction against, see INJUNCTION, 2.
lawful, provided all shippers of that com-

See also CONSPIRACY.
modity are treated alike.

Id.

NOTES AND BRIEFS.
NOTES AND BRIEFS.

Combinations; illegal combination to con-
Carriers; liability of initial carrier for trol prices and restrict competition; at-
loss; where through ticket is issued. 65 tempt to injure person by inducing em-

Limitation by steamship company of its ployees to break their contracts with him;
liability for loss; when justified; statute right of party to protection where he was
requiring crew sufficient at all times to a former member of the combination; right
manage vessel.

71

to enforce illegal rules and regulations
against former member.

91
Duty to ship beyond terminus of its own
line; right to discriminate against certain

COMMERCE.
commodity.

120

See also CARRIERS, 13.
Liability of, for loss of goods which, be-

1. A statute requiring merchants licensed
cause of delay in forwarding, are overtaken

to sell grain on commission to render a
and destroyed by act of cod.

509

true statement to the consignor within
Duty to furnish medical care and treat- twenty-four hours of making a sale, showing
ment to injured passenger.

513

the grain sold, price received, name and ad-
Liability for injury to passenger; by mis- dress of purchaser, and the date, hour, and
conduct of serrant; sleeping car companies. minute when sold, with vouchers for

643 | charges, and expenses, is not unconstitu-

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tional as an interference with interstate | As to marriage.
commerce, though applying to shipments 3. The marriage of a ward, solemnized in
from beyond as well as from within the a sister state where it is valid, is not void
state, State v. Edwards (Minn.) 667 | because no license was procured with the

2. Railroad companies engaged in inter- consent of the guardian, as required by the
state commerce are subject to a state statute laws of his domicil, nor because such laws
making railroad companies liable for in- render void all his contracts.

Ex parte

493
juries to employees on account of the negli- Chace (R. I.)
gence of others having control or direction 4. The marriage of a ward, valid where
of them, so long as Congress does not deal made in a sister state, must be regarded as
with that subject. Peircev. Van Dusen valid at his domicil, although it would not
(C. C. App. 6th C.)

705 have been so had it been solemnized there

because of statutory limitation of his right
NOTES AND BRIEFS.
to contract.

Id.

As to married woman's liability.
Commerce; interstate; statute regulating

5. That a note for the payment of which a
sales of grain by commission merchants as
interference with; what constitutes inter-able in a state where such contract is invalid

married woman becomes surety is made pay.
state commerce; right to require license for will not, although the suit is brought in
conducting in state business originating that state, defeat her liability if the contract
outside of.

668

was valid at her domicil, where it was
COMMISSION MERCHANTS.

executed. Garrigue v. Keller (Ind.) 870
See FACTORS.

6. A contract of suretyship against a mar-

ried woman, which is valid in the state
COMMON LAW.

where made, is not unenforceable in another
Rule in Shelley's Case as Part of, see state, as violative of its public policy, merely
REAL PROPERTY, 1.

because its statutes forbid her to bind her-
self by such a contract.

Id.
VOTES AND BRIEFS.

NOTES AND BRIEFS.
Common law'; implied change of, by stat-
ute.

354 Conflict of laws; as to damages for negli-

gence in sending telegram; controlling ef-
COMPLAINT.

fect of law of state in which contract
See PLEADING, 3-5.
made.

403
CONDITIONS SUBSEQUENT.

As to negotiable paper; as to contracts of
See REAL PROPERTY, 3-8.
married women.

870
CONDONATION.

CONNECTING CARRIERS.
Of Adultery as Justification for Filing

Liability of, see CARRIERS, 6.
Bill to Review Divorce Decree, see
REVIEW, 3.

CONSENT.

To Burglary by Owner of Building, see
CONFESSION.

CRIMINAL LAW, 3.
See EVIDENCE, 16.

To Sale of Liquor to Minor, see In.

TOXICATING LIQUORS.
CONFLICT OF LAWS.
1. The validity and interpretation of the

CONSIDERATION.
contract, as well as the rule measuring the

Marriage as, see CONTRACTS, 2.
damages arising upon its breach and the
company's liability therefor, are to be deter-

CONSPIRACY.
mined by the laws of the state where a tele-

1. A combination of two or more persons
gram is filed for transmission in case the to injure one in his trade by inducing his
points of inception and termination are in employees to break their contract with him.
different states. Hancock v. Western U.

or to decline to continue longer in his em-
Teleg. Co. (N. C.)

403

ployment, is, if it results in damage, action-
2. Delivery of notes into the mail, to be able. Employing Printers' Club Dr.
forwarded to another state in accordance Blosser Co. (Ga.)

90
with the understanding between maker and 2. A former member of an illegal combi-
payee, completes the delivery so as to make nation, whose connection with it
the contract one to be governed by the laws severed before the filing of the suit, will
of the state where the postoffice is located. not be denied the protection of a court of
Garrigue v. Keller (Ind.)

870 | equity against an illegal act of such

v.

was

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