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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
debt.
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.

Ia.

NOTES AND BRIEFS.

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
574

Good faith required of partners.
Discharge of partnership liability in in-
dividual bankruptcy proceedings. 771
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.

772

PASS BOOK.
Seę BANKS.

PAYMENT.

NOTES AND BRIEFS.

Payment; right to recover, though made
voluntarily, where parties not on equal
terms; what constitutes compulsory pay-
803

ment.

PERSON.

Railroad Company as, see CONSTITU-
TIONAL LAW, 4.

Damages for, see DAMAGES, 8, 9.

LIABILITY

PERSONAL
CURITY.

AND SE-

See CONSTITUTIONAL LAW, 2, 3; PRI-
VACY, 1.

PICTURE.

PHYSICIANS.

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
State v.
condition precedent to doing so.
Yegge (S. D.)
504

Publication of, without Consent, see
FREEDOM OF SPEECH.

Publication of, as Part of Advertise-
ment, as Violation of Right to
Privacy, see PRIVACY, 4.

PLEADING.

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
available to defendant after a voluntary
default and hearing in damages thereon,
unless the complaint is bad in substance.
Richards v. New York, N. H. & H. R. Co.
(Conn.)
929

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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.)

833

5. A plaintiff who sues to recover pun-
itive damages for a particular wrongful act,
and relies, as evidencing the animus with
which that act was committed, upon the
commission of a wholly independent act, done
at a different time and place, must by his
pleadings advise the defendant of the case
he is expected to meet. Central of Ga. R.
Co. v. Augusta Brokerage Co. (Ga.)

119

NOTES AND BRIEFS.

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POOL.

POSTOFFICE.

Contract by Mail, see CONFLICT
LAWS, 2.

OF

Failure to Allow Credit for, in Action
on Policy, see APPEAL AND ERROR.

19.

PRAYER.

Offering of, in School, see SCHOOLS, 1, 2.

Waiver of Provision for Termination
of Policy, by Nonpayment of, see
INSURANCE, 6.

PREMIUMS.

To Building and Loan Association, see
BUILDING AND LOAN Associ-
ATIONS, 2.

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PRINCIPAL AND AGENT.

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PRIVACY.

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.)

101

NOTES AND BRIEFS.

Principal and agent; law of concealed
agency; creation of partnership by agent
without authority; ratification by princi-
pal.

88

Notice to agent as notice to principal. 279
Agent profiting by transaction at princi-
pal's expense; question whether transac-
tion is void or voidable; ratification by
principal; what constitutes; sufficiency of
repudiation; effect of custom or usage on
agent's powers; liability of one doing busi-
ness through agent for acts and omissions
of latter.
667

PRINCIPAL AND SURETY.

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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.
Id.

3. The publication of a picture of a per- | Of personal injury.
son, without his consent, as a part of an
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.

Id.

Waiver of right of.

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.
Id.

NOTES AND BRIEFS.
Privacy; right of.

PROHIBITION.

103

To Stay Inferior Court, see Courts, 7.

246
801

Proximate cause; of injury; what consti-
tutes.
Of accident; what constitutes.
PUBLIC IMPROVEMENTS.
See DRAINS AND SEWERS.

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.)
SIZE:

59

PROVABLE CLAIMS.

See BANKRUPTCY, 3.

PROXIMATE CAUSE.

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.)

509

2. The proximate cause of the accident
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.
Stephenson v. Corder (Kan.)
246

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
of the wear due to continued use. Rinci-
cotti v. John J. O'Brien Contracting Co.
(Conn.)
936

NOTES AND BRIEFS.

PUBLIC WATER SUPPLY.
See WATERS, 3-5.

PUNITIVE DAMAGES.
See DAMAGES, 14.

QUESTION FOR JURY.
See TRIAL, 2-10.

QUOTATIONS.

NOTES AND Briefs.

Quotations; gathered by board of trade;
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
Fund, see MASTER AND SERVANT,
24.

888

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RAPE,

NOTES AND BRIEFS.

Rape; necessity of instruction as to law
on circumstantial evidence on prosecution

204

What constitutes, a "railroad" within
meaning of act making railroad corporation

RATES.

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)

953

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."

Id.

Conditions subsequent; forfeiture.
Sufficiency of Allegations as to, see
PLEADING, 4.

See also EQUITY, 2.

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.

833

NOTES AND BRIEFS.

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

300

Taxation of; statute providing for val-
uation and assessment as a unit, and dis-
tribution of value on mileage basis to dif
ferent taxing districts.
449
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.
514

Duty to avoid injury to persons in help
less position on track.

523

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
the grantor, and conduct in good faith re-
in a conveyance of property; but silence by
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 suly, 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
Binding effect on, of condition subsequent
in deed to; exercise of eminent domain to
establish private railroad.
843

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-

RECEIVERS RELIGIOUS SOCIETIES.

ure to perform was not caused by mistake, | RECORD.
nor the result of mere negligence.

Id.

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,
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.
Id.

NOTES AND BRIEFS.

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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
manner as the owner or possessor thereof
would be bound to do if in possession, is
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.)

705

NOTES AND BRIEFS.

Receivers; of railroad; liability for in-
jury to employee.
706

In Appellate Court, see APPEAL AND
ERROR, 1-6.

RE-ENTRY.

Of Prior Conviction; Admissibility of,
see EVIDENCE, 11.

1059

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Release; of liability for tort.
RELIGIOUS SOCIETIES.

1. A religious corporation is not bound
by the act of its minister in making use of
the membership roll of a former corpo-
ration, the title to whose property it ac-
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.

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.
Id.

3. A creditor of a religious corporation
has no right of action against the individ-
ual members of it as such.
Id..

NOTES AND BRIEFS.

Religious societies; liability of member
of, for its debts:-(I.) Scope; (II.) early
rule in Massachusetts, Connecticut, and
Maine; (III.) incorporated societies; (IV.)
unincorporated societies; (V.) résumé. 255

Liability of religious corporation for
256
debts of predecessor.

1

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