Damages for, see DAMAGES, 8, 9.
PERSONAL LIABILITY AND SE-
the husband of a portion of her interest in PERSONAL INJURIES.
the profits which the husband would derive
from the first partnership is valid; and the
use by him, or by his copartner, of such
profits to discharge a debt of the husband
does not render his partner liable to the
wife on account of having used her money
for the purpose of paying her husband's
Id.
5. Where a business owned by a married
woman was conducted by her husband in
his name, and a third person, in ignorance
of the wife's interest, bought a half inter-
est therein, and later, upon discovering the
wife's interest, recognized her as a partner
and offered to buy her share in the busi-
ness, the wife became liable, upon an ac-
counting as to the affairs of the partner-
ship, for half of the purchase price of a
machine previously bought by her husband
and his partner before her relation to the
business was discovered, although she had
given her husband special instructions not
to purchase the machine, it appearing that
it was actually purchased and used in car-
rying on the business of the partnership.
Partnership; relation a purely contract-
ual one; subpartnership between one part-
ner and his wife as to his share of the
profits; liability of concealed partner for
debts of firm; creation of partnership by
agent without authority; ratification. 88
Good faith required of partners.
See CONSTITUTIONAL LAW, 2,
VACY, 1.
An ophthalmologist who prefixes to his
name the letters "Dr." on his sign, and on
notices in which he undertakes to correct
certain diseased conditions by the fitting of
glasses to the eyes, comes within the terms
of a statute providing, that, when a person
shall append the title "Dr.," in a medical
sense, to his name, he shall be regarded as
practising medicine, within the meaning of
the statute which requires a license as a
condition precedent to doing so.
State v.
504
Yegge (S. D.)
Publication of, without Consent, see
FREEDOM OF SPEECH.
Publication of, as Part of Advertise-
ment, as Violation of Right to
Privacy, see PRIVACY, 4.
Error in Refusing Leave to Amend, see
APPEAL AND ERROR, 10.
Mode of Testing Sufficiency of Answer,
see APPEAL AND ERROR, 15.
Time for objections; waiver.
1. Error in overruling a demurrer is not
Discharge of partnership liability in in- available to defendant after a voluntary
dividual bankruptcy proceedings.
default and hearing in damages thereon,
unless the complaint is bad in substance.
Richards v. New York, N. H. & H. R. Co.
(Conn.)
Effect on partnership debt of discharge
in bankruptcy of individual partner; at-
tempt to withdraw debts from jurisdiction
of bankruptcy courts by attempted dissolu-
tion; right of creditors of, to dividend
where there is no joint estate and no sur-
plus of separate estate after paying sep-
arate debts; assignment, under insolvency
laws, of one partner as dissolution of firm.
2. The right to move to strike para-
graphs of answer is not waived by filing de-
murrers, where, after the demurrers are
filed, the petition is amended, and the an-
swer is then amended to meet the new mat-
ter in the petition. Wisconsin Lumber Co.
v. Greene & W. Teleph Co. (Iowa) 968
Sufficiency of plaintiff's pleadings.
Requiring Election between Different
Theories, see TRIAL, 1.
Allegations as to Expulsion from Leg-
islature, see LEGISLATURE, 5.
3. A complaint using language to de-
scribe defendant's fault appropriate to both
gross negligence and ordinary negligence, as
if they occurred at one and the same time,
and that one included the other, is indef-
inite and uncertain. Rideout v. Winnebago
Traction Co. (Wis.)
601
4. A grantor who has reclaimed the prop-
erty because of breach of certain conditions
subsequent, which the conveyance stip | PREMIUM NOTE.
ulated should cause the title to revert to
him, need not, when invoking judicial rem-
edies in respect thereto, plead the eviden-
tiary facts showing title in him notwith-
standing the paper title in the grantee, but
may plead his title in general terms the
same as if that title were dependent upon
any other circumstances. Maginnis v.
Knickerbocker Ice Co. (Wis.)
Failure to Allow Credit for, in Action
on Policy, see APPEAL AND ERROR.
19.
Waiver of Provision for Termination
of Policy, by Nonpayment of, see
INSURANCE, 6.
To Building and Loan Association, see
BUILDING AND LOAN Associ-
ATIONS, 2.
PLEDGE AND COLLATERAL SE- agent's powers; liability of one doing busi-
CURITY.
ness through agent for acts and omissions
of latter.
667
Pledge; right to sell collaterals governed
by terms of contract; when purchaser has
valid title to pledged property.
In Highway, see HIGHWAYS, 2.
1. The right of privacy is embraced
Playing Pool as Betting, see GAMING. within the absolute rights of personal se-
curity and personal liberty. Pavesich v.
New England L. Ins. Co. (Ga.)
Contract by Mail, see CONFLICT OF
LAWS, 2.
Offering of, in School, see SCHOOLS, 1, 2.
2. Liberty of speech and of the press,
when exercised within the bounds of the
constitutional guaranties, are limitations
upon the exercise of the right of privacy.
3. The publication of a picture of a per- | Of personal injury.
son, without his consent, as a part of an 2. The proximate cause of the accident
advertisement, for the purpose of exploit-
ing the publisher's business, is a violation
of the right of privacy of the person whose
picture is reproduced, and entitles him to
recover, without proof of special damage.
4. One who seeks or holds a public office,
or any person who claims from the public
approval or patronage, waives his right of
privacy to such an extent that he cannot
restrain or impede the public in any proper
investigation into the conduct of his pri-
vate life which may throw light upon the
question of his fitness for the office which
he seeks or holds, or as to whether the pub-
lic should bestow upon him the office which
he seeks, or accord to him the approval or
patronage which he asks.
Id.
5. The right of privacy may be waived,
either expressiy or by implication, except
as to those matters which law or public
policy demands shall be kept private; but
a waiver authorizes an invasion of the
right only to such an extent as is neces-
sarily to be inferred from the purpose for
which the waiver is made. Waiver for one
purpose, and in favor of one person or
class, does not authorize an invasion for
all purposes, or by all persons and classes.
was the striking of the horse by the boy,
where a farmer left a team of eleven-year-
old horses drawing a wagon loaded with
about a ton's weight, fastened to a hitching
rail in front of a store while engaged in un-
loading his wagon, as he had been frequent-
ly in the habit of doing, and while the team
was standing quietly a boy, in turning over
the hitching rail near the head of the team,
struck one of them on the nose, which
frightened the team, causing them to break
the halter, which was apparently in good
condition, and run away, causing damage.
246
Stephenson v. Corder (Kan.)
3. The proximate cause of the injury of
a servant by the fall of a derrick because
of the breaking of a spliced rope is not the
failure to insert thimbles into the loops of
the splice, but the failure to inspect the
rope for the purpose of determining its con-
dition, and to repair it after it has become
chafed and worn by use, where there is
nothing to show that the splice is not suf-
ficiently strong, without the thimbles, to do
the work required of it, but fails because
Rinci-
of the wear due to continued use.
cotti v. John J. O'Brien Contracting Co.
(Conn.)
936
Proximate cause; of injury; what consti-
Of accident; what constitutes.
To Stay Inferior Court, see COURTS, 7.
PUBLIC IMPROVEMENTS.
See DRAINS AND SEWERS.
A property right in price quotations Public improvements; validity of assess-
gathered by a board of trade is not de- ment for construction or cleaning of sew-
stroyed by the facts that a large percent-ers; giving resident landowners on line of
age of the business done under its auspices
consists of gambling transactions, or that
the news is susceptible of bad, as well as
good, uses. Board of Trade v. L. A. Kin-
sey Co. (C. C. App. 7th C.)
PROVABLE CLAIMS.
See BANKRUPTCY, 3.
1. The negligence of a carrier in failing
to forward promptly goods delivered for
transportation is the proximate cause of
their loss, where, because of such delay,
they are overtaken in transit and destroyed
by an act of God, even though the act of
God cannot reasonably be anticipated. Bibb
Broom Corn Co. v. Atchison, T. & S. F. R.
Co. (Minn.)
Duty to care for trespasser injured on
track; in absence of negligence by railroad
employees; duty of employees to extinguish
fire found on right of way.
Duty to avoid injury to persons in help
less position on track.
For Water; Burden of Showing Un-
reasonableness of, see EVIDENCE, 6.
For Water, see WATERS, 3-5.
REAL PROPERTY.
Power of Court in Other State over,
see COURTS, 3.
Rule in Shelley's Case.
1. The rule in Shelley's Case is part of
the common law of Iowa. Doyle v. Andis
(lowa)
2. A fee simple is vested in the first
taker under the rule in Shelley's Case by a
conveyance to one "during his natural life,
and then to his heirs."
Conditions subsequent; forfeiture.
Sufficiency of Allegations as to, see
PLEADING, 4.
3. The beneficiary of a condition in a
conveyance of property, for the breach of
which the title thereto may revert to him,
may lose the benefit thereof by conduct ren-
dering it inequitable for him to insist upon
the forfeiture as stipulated. Maginnis v.
Knickerbocker Ice Co. (Wis.)
4. Mere silence will not operate as a
waiver of the benefit of a condition, in case
of an intentional breach thereof, though the
conditional grantee incur expense which
would operate to his prejudice if the grant-
or were thereafter permitted to insist upon
the forfeiture.
Id.
5. Mere silence is not sufficient to waive
a forfeiture because of breach of a condition
514
the grantor, and conduct in good faith re-
in a conveyance of property; but silence by
lying thereon by the grantee, whereby he is
placed in such a situation that he will be
greatly damaged if the apparent attitude of
Validity of statute making railroad com- his conditional grantor be changed effective-
panies liable for injury to employees by su-ly, will bind such grantor as a waiver of
perior servants; scope of; liability of re- the benefit of the condition.
ceiver for injury to employee.
Duty to look and listen before crossing
track; negligence in walking on track.
Binding effect on, of condition subsequent
in deed to; exercise of eminent domain to
establish private railroad.
843
What constitutes, a "railroad" within
meaning of act making railroad corporation
6. Equity will not prevent forfeiture of
an estate for breach of a condition subse-
quent, where the performance of the con-
dition was made of the very essence of the
contract, and the damages for the breach
cannot be measured in money, while the fail-
In Appellate Court, see APPEAL AND
ERROR, 1-6.
Of Prior Conviction; Admissibility of,
see EVIDENCE, 11.
By Grantor to Enforce Forfeiture, see
REAL PROPERTY, 7.
7. Re-entry by a grantor for the purpose
of enforcing a forfeiture of the property for
breach of certain conditions subsequent,
which the conveyance stipulated should
cause title to revert to the grantor, or the
doing of something equivalent thereto for
the purpose of reclaiming the property pur-
suant to the terms of the conveyance, REGISTRATION.
causes the title to revest in the grantor as
absolutely as if no conveyance had been
made, in the absence of any equity prevent-
ing the legal effect of such acts.
Id.
8. If a railway corporation takes posses-
sion of land for a private purpose, its
right to do so resting in a grant by the
owner thereof, and it subsequently loses
that right by forfeiture to such owner, it
cannot thereafter defy such owner, and con-
tinue to enjoy his property, because it
might successfully proceed in good faith to
acquire it for a public purpose.
Of Automobiles, see AUTOMOBILES, 2.
Niece of Man's Former Wife as, see
INSURANCE, 4.
Invalidity of Agreement for Release of
Employer by Accepting Benefits
from Railroad Relief Fund, see
MASTER AND SERVANT, 24.
Question for Jury as to, see TRIAL, 4.
NOTES AND BRIEFS.
Release; of liability for tort.
RELIGIOUS SOCIETIES.
Real property; conversion of estates tail
into fee-simple estates by statute. 370 1. A religious corporation is not bound
Necessity that "way" be created by deed by the act of its minister in making use of
or other writing; right of way as interest the membership roll of a former corpo-
in lands.
568 ration, the title to whose property it ac-
786 quired through a foreclosure sale, so as to
make such act significant upon the ques-
tion of the identity of the two corporations.
Allen v. North Des Moines M. E. Church
(Iowa)
255
Rights of creditors of.
Freehold never in abeyance.
What constitutes an encumbrance.
790
Rule in Shelley's Case; as part of com-
mon law of Iowa; what comes within rule;
rule as one of property, and not of con-
struction; statute de donis.
953
2. In the absence of fraud, a creditor of
a religious corporation has no right to en-
force his claim against property formerly
belonging to it after it has been sold on
mortgage foreclosure, the corporation dis-
solved, a new corporation organized out of.
the old members and new ones, and the
property bought from the purchaser at the
foreclosure sale, although the new corpo-
ration proceeds to carry on the work of the
old one at the old location, and maintains
the same relation as the old one to the gen-
eral religious denomination.
A receiver of a Federal court in charge of
a railroad company, who, by act Cong.
March 3, 1887, chap. 373, corrected by act
August 13, 1888, chap. 866, is required to
manage and operate the property according
to the requirements of the valid laws of the
state in which it is situated, in the same
3. A creditor of a religious corporation
manner as the owner or possessor thereof has no right of action against the individ-
would be bound to do if in possession, isual members of it as such.
subject to any rule prescribed by the state
imposing on railroad corporations a liabil-
ity for the negligence of employees having
superior authority over other employees.
Peirce v. Van Dusen (C. C. App. 6th C.)
Receivers; of railroad; liability for in-
jury to employee.
706
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