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the husband of a portion of her interest in | PERSONAL INJURIES.
the profits which the husband would derive Damages for, see DAMAGES, 8, 9.
from the first partnership is valid; and the
use by him, or by his copartner, of such PERSONAL LIABILITY AND SE-
profits to discharge a debt of the husband CURITY.
does not render his partner liable to the See CONSTITUTIONAL LAW, 2, 3; PRI-
wife on account of having used her money

VACY, 1.
for the purpose of paying her husband's
debt.

Id. PHYSICIANS.
5. Where a business owned by a married An ophthalmologist who prefixes to his

was conducted by her husband in name the letters “Dr.” on his sign, and on
his name, and a third person, in ignorance notices in which he undertakes to correct
of the wife's interest, bought a half inter- certain diseased conditions by the fitting of
est therein, and later, upon discovering the glasses to the eyes, comes within the terms.
wife's interest, recognized her as a partner of a statute providing, that, when a person
and offered to buy her share in the busi- shall append the title “Dr.,” in a medical
ness, the wife became liable, upon an ac-

sense, to his name, he shall be regarded as
counting as to the affairs of the partner. practising medicine, within the meaning of
ship, for half of the purchase price of a

the statute which requires a license as a
machine previously bought by her husband condition precedent to doing so.

State v.
and his partner before her relation to the Yegge (S. D.)

504
business was discovered, although she had
given her husband special instructions not PICTURE.
to purchase the machine, it appearing that Publication of, without Consent, see
it was actually purchased and used in car-

FREEDOM OF SPEECH.
rying on the business of the partnership. Publication of, as Part of Advertise-

ia.

ment, as Violation of Right to
NOTES AND BRIEFS.

Privacy, see PRIVACY, 4.

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88

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Partnership; relation a purely contract-

PLEADING.
ual one; subpartnership between one part-

Error in Refusing Leave to Amend, see
ner and his wife as to his share of the

APPEAL AND ERROR, 10.
profits; liability of concealed partner for

Mode of Testing Sufficiency of Answer,
debts of firm; creation of partnership by

see APPEAL AND ERROR, 15.
agent without authority; ratification.
Good faith required of partners.

Time for objections; waiver.
574

1. Error in overruling a demurrer is not
Discharge of partnership liability in in available to defendant after a voluntary
dividual bankruptcy proceedings. 771

default and hearing in damages thereon,
Effect on partnership debt of discharge unless the complaint is bad in substance.
in bankruptcy of individual partner; at. Richards v. New York, N. H. & H. R. Co.
tempt to withdraw debts from jurisdiction (Conn.)

929
of bankruptcy courts by attempted dissolu-

2. The right to move to 'strike para-
tion; right of creditors of, to dividend graphs of answer is not waived by filing de-
where there is no joint estate and no sur-

murrers, where, after the demurrers are
plus of separate estate after paying sep filed, the petition is amended, and the an-
arate debts; assignment, under insolvency swer is then amended to meet the new mat-
laws, of one partner as dissolution of firm. ter in the petition. Wisconsin Lumber Co.

772

v. Greene & W. Teleph Co. (Iowa) 968
PASS BOOK.
See BANKS.

Sufficiency of plaintiff's pleadings.
Requiring Election between Different

Theories, see TRIAL, 1.
PAYMENT.

Allegations as to Expulsion from Leg-

islature, see LEGISLATURE, 5.
NOTES AND BRIEFS.

3. A complaint using language to de-
Payment; right to recover, though made scribe defendant's fault appropriate to both
voluntarily, where parties not on equal gross negligence and ordinary negligence, as
terms; what constitutes compulsory pay-

if they occurred at one and the same time,
ment.

803

and that one included the other, is indef-
inite and uncertain. Rideout v. Winnebago
Traction Co. (Wis.)

601
PERSON.
Railroad Company as, see CONSTITU 4. A grantor who has reclaimed the prop-
TIONAL LAW, 4.

erty because of breach of certain conditions

subsequent, which

the conveyance stip- | PREMIUM NOTE.
ulated should cause the title to revert to Failure to Allow Credit for, in Action
him, need not, when invoking judicial rem-

on Policy, see APPEAL AND ERROR.
edies in respect thereto, plead the eviden-

19.
tiary facts showing title in him notwith Waiver of Provision for Termination
standing the paper title in the grantee, but

of Policy, by Nonpayment of, see
may plead his title in general terms the

INSURANCE, 6.
same as if that title were dependent upon
any other circumstances. Maginnis V. PREMIUMS.
Knickerbocker Ice Co. (Wis.)

833 To Building and Loan Association, see
5. A plaintiff who sues to recover pun-

BUILDING

LOax AssOCI-
itive damages for a particular wrongful act,

ATIONS, 2.
and relies, as evidencing the animus with
which that act was committed, upon the PRESIDENT.
commission of a wholly independent act, done

Of Corporation, see CORPORATIONS, 7.
at a different time and place, must by his

PRINCIPAL AND ACCESSORY.
pleadings advise the defendant of the case
he is expected to meet. Central of Ga. R.

In Crime Committed in Two Counties;
Co. v. Augusta Brokerage Co. (Ga.) 119

Place for Trial of, see COURTS, 2.

AND

SILIP, 2.

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601 | pal.

NOTES AND BRIEFS.

PRINCIPAL AND AGENT.

Parol Evidence of Signing Memoran-
Pleading; allegation that deed was de-

dum as Agent for Purchaser, see
livered under terms of written contract;

EVIDENCE, 15.
proof that it was delivered under oral con Insurance Agent, see INSURANCE, 1-3.
tract.

572 Partnership between Undisclosed Prin-
Right to recover for ordinary negligence

cipal of One Partner and Other
under allegation of gross, wilful, or wanton

Member of Firm, see PARTNER-
negligence, or rice versa :-(I.) Introduc-
tion; (II.) allegation of wilful or gross
negligence; (III.) allegation of reckless or

NOTES AND BRIEFS.
wanton negligence or both; (IV.)
ery on allegation of ordinary negligence, on Principal and agent; law of concealed
proof of wilful or gross negligence; (V.) agency; creation of partnership by agent
under statute or ordinance; (VI.) conclu- without authority; ratification by princi-
sion.

88
Inconsistent allegations.

606

Notice to agent as notice to principal. 279
Allegation of several grounds of action ;

Agent profiting by transaction at princi-
right to recover where only one is proved; pal's expense; question whether transac-
amendment of pleading by introducing new

tion is void or voidable; ratification by
cause of action.

801 principal; what constitutes; sufficiency of

repudiation; effect of custom or usage on
PLEDGE AND COLLATERAL SE- agent's powers; liability of one doing busi-
CURITY.

ness through agent for acts and omissions
of latter.

667
NOTES AND BRIEFS.

PRINCIPAL AND SURETY.
Pledge; right to sell collaterals governed Liability as Surety on Notes, see Bills
by terms of contract; when purchaser has

AND NOTES, 1.
valid title to pledged property.

480 Law Governing Married Woman's Lia-

bility as Surety, see CONFLICT OF
POLES.

LAWS, 5, 6.
In Highway, see HIGHWAYS, 2.

PRIVACY.
POOL.

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.
POSTOFFICE.

New England L. Ins. Co. (Ga.)

101
Contract by Mail, see CONFLICT

2. Liberty of speech and of the press,
LAWS, 2.

OF

when exercised within the bounds of the

constitutional guaranties, are limitations
PRAYER.

upon the exercise of the right of privacy.
Offering of, in School, see SCHOOLS, 1, 2.

Id.

1

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 was the striking of the horse by the boy,
ing the publisher's business, is a violation where a farmer left a team of eleven-year-
of the right-of privacy of the person whose old horses drawing a wagon loaded with
picture is reproduced, and entitles him to about a ton's weight, fastened to a hitching
recover, without proof of special damage. rail in front of a store while engaged in un.

Id. loading his wagon, as he had been frequent-
Waiver of right of.

ly in the habit of doing, and while the team
4. One who seeks or holds a public office, was standing quietly a boy, in turning over
or any person who claims from the public the hitching rail near the head of the team,
approval or patronage, waives his right of struck one of them on the nose, which
privacy to such an extent that he cannot frightened the team, causing them to break
restrain or impede the public in any proper the halter, which was apparently in good
investigation into the conduct of his pri- condition, and run away, causing damage.
vate life which may throw light upon the Stephenson v. Corder (Kan.)

246
question of his fitness for the office which

3. The proximate cause of the injury of
he seeks or holds, or as to whether the pub a servant by the fall of a derrick because
lic should bestow upon him the office which of the breaking of a spliced rope is not the
he seeks, or accord to him the approval or

failure to insert thimbles into the loops of
patronage which he asks.

Id. the splice, but the failure to inspect the
5. The right of privacy may be waived, rope for the purpose of determining its con-
either expressiy or by implication, except dition, and to repair it after it has become
as to those matters which law or public chafed and worn by use, where there is
policy demands shall be kept private; but nothing to show that the splice is not suf-
a waiver authorizes an invasion of the ficiently strong, without the thimbles, to do
right only to such an extent as is neces the work required of it, but fails because
sarily to be inferred from the purpose for of the wear due to continued use. Rinci.
which the waiver is made. Waiver for one

cotti v. John J. O'Brien Contracting Co.
purpose, and in favor of one person or (Conn.)

936
class, does not authorize an invasion for
all purposes, or by all persons and classes.

NOTES AND BRIEFS.
Id.

Proximate cause; of injury; what consti-
NOTES AND BRIEFS.
tutes.

246

Of accident; what constitutes. 801
Privacy; right of.

103

PUBLIC IMPROVEMENTS.
PROHIBITION.

See DRAINS AND SEWERS.
To Stay Inferior Court, see Courts, 7.

NOTES AND BRIEFS.
PROPERTY.

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 ditch right to demand cleaning or repair.;
consists of gambling transactions, or that nonresident owners not considered; confer-
the news is susceptible of bad, as well as ring upon auditor power to order improve-
good, uses. Board of Trade v. L. A. Kin ment upon petition.

807
sey Co. (C. C. App. 7th C.)

59
616!

PUBLIC WATER SUPPLY.
PROVABLE CLAIMS.

See WATERS, 3-5.
See BANKRUPTCY, 3.

PUNITIVE DAMAGES.
PROXIMATE CAUSE.

See DAMAGES, 14.
1. The negligence of a carrier in failing

QUESTION FOR JURY.
to forward promptly goods delivered for

See TRIAL, 2-10.
transportation is the proximate cause of
their loss, where, because of such delay,

QUOTATIONS.
they are overtaken in transit and destroyed
by an act of God, even though the act of

NOTES AND BRIEFS.
God cannot reasonably be anticipated. Bibb
Broom Corn Co. v. Atchison, T. & S. F. R. Quotations; gathered by board of trade;
Co. (Minn.)
509 | property right in.

63

RAILROAD.RELIEF ASSOCIATION. liable for injury to employees by fellow serv-
Invalidity of Agreement for Release of ant; application of act to logging railroads.
Railroad Company by Accepting

888
Fund, see MASTER AND SERVANT,
24.

RAPE,

see

NOTES AND BRIEFS.
RAILROADS.
Equal Protection of, CONSTITU-

Rape; necessity of instruction as to law
TIONAL LAW, 4, 6.

on circumstantial evidence on prosecution
Due Process in Taxation of, see Cox. for.

204
STITUTIONAL LAW, 8.
Establishment of, under Power of Em- RATES.

inent Domain, see EMINENT Do- For Water; Burden of Showing Un.
MAIN, 1, 3.

reasonableness of, see EVIDENCE, 6.
Liability for Injury to Employee, see For Water, see WATERS, 3-5.

MASTER AND SERVANT, 21.
Taxation of, see TAXES.

REAL PROPERTY.
Question for Jury as to Cause of Fire, Power of Court in Other State over,
see TRIAL, 6.

see COURTS, 3.

1. Failure of railway employees to take Rule in Shelley's Case.
charge of and care for a man who, while 1. The rule in Shelley's Case is part of
trespassing on the track, was struck and the common law of Iowa. Doyle v. Andis
injured by a moving car attached to an en- (Iowa)

953
gine in their charge, but without any fault

2. A fee simple is vested in the first
on their part, is not the violation of a legal taker under the rule in Shelley's Case by a
duty for which the company can be held conveyance to one “during his natural life,
liable. Union P. R. Co. v. Cappier (Kan.) and then to his heirs."

Id.
513

Conditions subsequent; forfeiture.
2. The duty to sound warnings when Sufficiency of Allegations as to, see
trains approach a trestle over a highway

PLEADING, 4.
depends upon the dangerous character of See also EQUITY, 2.
the place, which is a question for the deter- 3. The beneficiary of a condition in a
mination of the jury. ' Louisville & N. R. conveyance of property, for the breach of
Co. v. Sawyer (Tenn.)

662 which the title thereto may revert to him,

may lose the benefit thereof by conduct ren-
NOTES AND BRIEFS.

dering it inequitable for him to insist upon
the forfeiture as stipulated. Maginnis v.

833
Railroads; failure to look for train at in- Knickerbocker Ice Co. (Wis.)
stant of stepping on crossing.,

300

4. Mere silence will not operate as
Taxation of; statute providing for val- waiver of the benefit of a condition, in casé
uation and assessment as a unit, and dis of an intentional breach thereof, though the
tribution of value on mileage basis to dif-

conditional grantee incur expense which
ferent taxing districts.

449

would operate to his prejudice if the grant-

or were thereafter permitted to insist upon
Duty to care for trespasser injured on the forfeiture.

Id.
track; in absence of negligence by railroad
employees; duty of employees to extinguish

5. Mere silence is not sufficient to waive
fire found on right of way.

514

a forfeiture because of breach of a condition
Duty to avoid injury to persons in help: the grantor, and conduct in good faith re-

in a conveyance of property; but silence by
less position on track.

523

lying thereon by the grantee, whereby he is
Duty to look and listen before crossing placed in such a situation that he will be
track; negligence in walking on track. 606 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.

Id.
ceiver for injury to employee.

706

6, Equity will not prevent forfeiture of
Binding effect on, of condition subsequent an estate for breach of a condition subse-
in deed to; exercise of eminent domain to quent, where the performance of the con-
establish private railroad.

843 dition was made of the very essence of the
What constitutes, a “railroad” within contract, and the damages for the breach
meaning of act making railroad corporation cannot be measured in money, while the fail.

see

ure to perform was not caused by mistake, RECORD.
nór the result of mere negligence. Id. In Appellate Court, see. APPEAL AND
- 7. Re-entry by a grantor for the purpose

ERROR, 1-6.
of enforcing a forfeiture of the property for

Of Prior Conviction; Admissibility of,
breach of certain conditions subsequent,

see EVIDENCE, 11.
which the conveyance stipulated should

RE-ENTRY.
cause title to revert to the grantor, or the

By Grantor to Enforce Forfeiture, see
doing of something equivalent thereto for

REAL PROPERTY, 7.
the purpose of reclaiming the property pur-
suant to the terms of the conveyance, REGISTRATION.
causes the title to revest in the grantor as

Of Automobiles, see AUTOMOBILES, 2.
absolutely as if no conveyance had been
made, in the absence of any equity prevent-

RELATIVE.
ing the legal effect of such acts,

Id.

Niece of Man's Former Wife as,
8. If a railway corporation takes posses-

INSURANCE, 4.
sion of land for a private purpose, its
right to do so resting in a grant by the RELEASE.
owner thereof, and it subsequently loses Invalidity of Agreement for Release of
that right by forfeiture to such owner, it

Employer by Accepting Benefits
cannot thereafter defy such owner, and con-

from Railroad Relief Fund, see
tinue to enjoy his property, because it

MASTER AND SERVANT, 24.
might successfully proceed in good faith to Question for Jury as to, see TRIAL, 4.
acquire it for a public purpose.

Id.

NOTES AND BRIEFS.
NOTES AND BRIEFS.

Release; of liability for tort. 889
Real property; conversion of estates tail RELIGIOUS SOCIETIES.
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-
Freehold never in abeyance.

786 quired through a foreclosure sale, so as to

make such act significant upon the ques-
What constitutes an encumbrance, 790

tion of the identity of the two corporations.
Rule in Shelley's Case; as part of com-

Allen v. North Des Moines M. E. Church
mon law of Iowa; what comes within rule;

(Iowa)

255
rule as one of property, and not of con-
struction; statute de donis.

953 Rights of creditors of.

2. In the absence of fraud, a creditor of

a religious corporation has no right to en-
RECEIVERS.
Of Railroad Company; Liability of, for force his claim against property formerly
Injury to Fellow Servant,

belonging to it after it has been sold on

mortgage foreclosure, the corporation dis-
MASTER AND SERVANT, 21; RE-

solved, a new corporation organized out of

the old members and new ones, and the
A receiver of a Federal court in charge of property bought from the purchaser at the
a railroad company, who, by actCong. foreclosure sale, although the new corpo-
March 3, 1887, chap. 373, corrected by act ration proceeds to carry on the work of the
August 13, 1888, chap. 866, is required to old one at the old location, and maintains
manage and operate the property according the same relation as the old one to the gen-
to the requirements of the valid laws of the eral religious denomination.

Id.
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, is

ual members of it as such.

Id.
subject to any rule prescribed by the state
imposing on railroad corporations a liabil-

NOTES AND BRIEFS.
ity for the negligence of employees having
superior authority over other employees.

Religious societies; liability of member
Peirce v. Van Dusen (C. C. App. 6th c.; of, for its debts:—(I.) Scope; (II.) early

705 rule in Massachusetts, Connecticut, and
NOTES AND BRIEFS.

Maine; (III.) incorporated societies; (IV.)

unincorporated societies; (V.) résumé. 255
Receivers; of railroad; liability for in- Liability of religious corporation for
jury to employee.
96! debts of predecessor.

256

see

CEIVERS.

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