Imagens das páginas

(CONTRACTUAL AND COMMERCIAL RELATIONS.) be executed by a surety company, is held to or abolish counties recognized by the Conbe unconstitutional. (Ohio) 427.

stitution as organized and existing at the Destroying county.

date of its adoption is denied. (Idaho) The power of the legislature to destroy 220.

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A covenant by a purchaser of the business | money on a forged draft, in the absence of and effects of a corporation, the sale of some unusual and pertinent excuse which which is intended to terminate its existence, will justify such failure. (N. Y.) 317. to indemnify it from and against the con

Bills and notes. tracts and engagements to which the vendor appears to be now liable, and also all claims See also Limitation of Actions, infra, VIII. and demands on account of the same con- That a note for the payment of which a tracts and engagements, is held not to cover married woman becomes surety is made paya claim by the president-manager of the cor

able in a state where such contract is invalporation to salary for the time subsequently id, is held not to defeat her liability, alaccruing, where it was founded merely on though the suit is brought in that state, the fact that he had been elected president, if the contract was valid at her domicil, and there was no contract that the services where it was executed. (Ind.) 870. and salary should continue for any specified

A sound reason, inhering in the same time. (Mass.) 821.

transaction from which a promissory note Upon the termination, by the insolvency springs, why the holder ought not, in equity of a corporation, of an executory contract

and good conscience, to recover its face with it, necessitating, in its execution, work, value, is held to be a good, equitable defense la bor, and the expenditure of money for to it, although the defense constitutes materials, machinery, etc., it is held that neither an offset, a counterclaim, nor an afthe contractor is entitled to compensation firmative cause of action against the holder for services rendered by him in pursuance

of the note. (C. C. A. 8th ('.) 232. of the contract until the date of its ter

Carriers. mination, and to reimbursement for his ac- The checking of baggage to destination tual and necessary outlay and expenses, upon a through ticket to transport the passsubject to a deduction of all sums paid him enger over roads of initial and connecting by the corporation, and of the value of ma- carriers is held to render the initial carrier terials, machinery, etc., on hand. (W. Va.) liable for its loss on a connecting line. 124.

(Ark.) 65. Banks.

A carrier who negligently delays a shipPayment, by a savings bank, of a forged ment is held to be liable for the damages, check bearing a signature similar to that of where, because of such delay, the goods are the depositor, to one who presents the de- overtaken in transit and damaged by an positor's pass book, there being nothing to act of God, even though the act of God arouse the suspicion of the teller, or to

could not reasonably have been anticipated.

(Minn.) 509. put him upon inquiry, as to the genuineness of the check, is held not to make the bank

A rule of the state railroad commission

that carriers shall afford to all persons liable in a suit by the depositor to recover the money so paid, where a rule of the bank equal facilities in the transportation and provides that payment to a person present- delivery of freight is held not to prohibit ing a pass book shall be good and valid, un

discrimination against commodities, but less the pass book has been lost and notice simply discrimination against shippers. in writing given to the bank before such

(Ga.) 119. payment is made. (Ga.) 341.

A railroad company which expressly, or A depositor in a savings bank is held by implication, invites its passengers to not to be estopped to hold the bank re

use a stile over a wire fence in leaving its sponsible in case it negligently pays the grounds, is held to be bound to use at least deposit to an unauthorized person, by the ordinary care in seeing that it is fit for the fact that he, also, is negligent in the care

purpose intended, although the stile was not which he takes of his bank book. (Conn.) erected by it, and the defective part is not 329.

on its property, but on property where it Failure of the officers of a savings bank to has no right to go to make inspection or remake a physical comparison of the signa- pairs. (Iowa) 982. ture on a draft presented with the deposi- The right of a steamship company to a tor's bank book with his signature on file limitation of its liability for loss of passenis held to render it liable for paying outgers and baggage through the sinking of its (CORPORATIONS AND ASSOCIATIONS.) vessel is denied where the crew could not have been sold because of his default, is understand the language of its officers, and held, since he can no longer perform his covwere not drilled in the launching of the enant, or make compensation for the breach, boats, because of which the loss occurred. so as to entitle him to equitable relief. (C. C. A. 9th C.) 71.

(Mass.) 867. That livery-stable keepers are not with

Vendor and purchaser. in the rule that common carriers of passengers are bound to exercise extraordinary

The right to enforce payment of the care for the safety of their passengers is money under a contract to purchase real

estate, which stipulates that the property decided. (Conn.) 561.

shall be clear of all encumbrances, is denied Insurance.

where the title has not been accepted, and An open mortgage clause attached to a there is an existing right on the part of the policy of fire insurance, which merely pro municipality to open a platted street over vides that loss, if any, shall be paid to the the property, which will destroy the buildmortgagee as his interest may appear, is ings without making compensation for held not to create any contract relations them. (Tenn.) 790. between the mortgagee and insurer, or to

Factors. give the mortgagee a right to participate

A commission merchant to whom grain in arbitration proceedings to fix the amount of loss; and that, therefore, he will is consigned to be sold on commission, who be bound by the award, although he was

purchases such grain after close of business

hours at the highest price of the day upon given no opportunity to be heard. (Conn.)

the board of trade, and subsequently resells 924.

A niece of a former wife of a man is held it at an advance, is held to be bound to acnot to be a relative of his child by a sub

count to the consignor for the profit thus

made. (Minn.) 667. sequent one, within the meaning of a statute permitting certificates of mutual bene

Sale; implied warranty. fit societies to be taken in favor of relatives. That no implied warranty of fitness of (Iowa) 174.

a'n article for a particular purpose arises A provision of a life insurance policy that out of a contract to make or supply a suit shall be brought on it within a period described and definite article, is declared, less than that fixed by the statute of limita- although the vendor knows that the ventions is held to be void as against public dee is purchasing it to accomplish a spepolicy. (Ky.) 264.

cific purpose, because the essence of this conAn agent authorized to issue policies is tract is the delivery of the specific article, held to bind the company by all waivers, and not the accomplishment of the purpose. representations, or other acts within the (C. C. A. 8th C.) 973. scope or requirements of his business. unless

Liability of bidder at judicial sale. the insured has notice of the limitation of

A court order annulling a judicial sale, his power. (La.) 278.

and directing a resale of the property, withLandlord and tenant.

out accepting the bid, or directing any proThat a tenant cannot be relieved from for- ceedings against the bidder, or any confir. feiture of his term because of breach of his mation of the sale, is held to relieve him covenant to pay taxes after the premises from all liability upon his bid. (Ky.) 33.

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mutual benefit society, adhered to for two See also supra, II.

years and five months, is held not to be The power of a corporation to make valid subject to change, so as to permit a certifi

cate holder to treat the contract as contracts for the repurchase of its own stock in the absence of charter restrictions,

scinded, and for assessments paid. is sustained in a recent Iowa case. (Iowa)

(C. C. A. 3d C.) 803. 968.

Religious societies.
Benevolent societies.

A creditor of a religious corporation is An election to treat the original contract held to have no right of action against the as still in force, upon notification of re- individual members of it as such. (Iowa) duction in the amounts of certificates in a 255. 69 L. R. A.



As to contracts of married woman, see also supra, II., Bills and Notes.

chine, if it was in fact necessary or proper Marriage.

for the conduct of the business. (Ga.) 87. The marriage of a ward, valid where made, in a sister state, is held necessarily

Conveyance by husband to wife. to be regarded as valid at his domicil, al A conveyance of land from husband to though it would not have been so had it wife in the usual form, for a valuable conbeen solemnized there, because of statutory sideration, though without words discloslimitation of his right to contract. (R. I.) ing an intent to do so, is held to vest in her 493.

a separate estate which she may transfer

without his joinder or consent. (Tenn.) Liability for support of insane wife.

353. The liability of a husband for the support of his wife at an asylum for the insane, to est in land by conveying it to his wife to

A man is deprived of his curtesy interwhich she has been removed by due process her sole, separate, and exclusive use, free of law, is denied in the absence of a statute and discharged from all his control and expressly imposing such liability. (Wis.)

liabilities. (Tenn.) 370. 829.

Estoppel of married woman. Partnership between husband and wife.

A married woman who, with her husband, A woman whose husband is carrying on enters into an oral contract for the sale a partnership business with her money un of their homestead, under which the purder an agreement that she shall receive all chaser takes possession, and pays the purof his share of the profits of the business chase price, and makes valuable improveis held to be liable to account to him for ments, all of which is done with the full the amount for which he endered himself knowledge and consent of the wife, is held liable on account of the purchase of a ma to be estopped to set up the invalidity of chine by him and his partner for use in the the contract in defense of an action to combusiness, although she had given him spe pel specific performance thereof. (Idaho) cial instructions not to purchase the ma 584.


Removal of trustee.

the scheme of the testator, remarried withThe removal of the widow as trustee of a in a short time, became estranged from the fund provided for the benefit of testator's cestui que trust and her cotrustees, so that daughter is he proper where she elected no intercourse could subsist between them, to take her dower rights in opposition to and kept the estate in needless litigation. the will, thereby depleting the trust estate (Md.) 920. and destroying a very important part of


Imputed negligence.

not to be applicable in an admiralty case. The owner of a wagon, seated beside the (C. C. A. 1st C.) 293. driver, whom he employs, is held to be

Nuisance. chargeable with the driver's negligence in

The characteristic noises and odors issuattempting to cross a street-car track in ing from a chicken house and yard, which front of an approaching car, which is in

are maintained in a cleanly manner, and plain view. (Mo.) 389.

cared for so as not injuriously to affect Negligence of a locomotive engineer, the health of any normal person in the which results in a collision, is held not to neighborhood, are held not to be a nuisance, be imputable to the conductor in charge of although they may make neighboring prophis train, so as to prevent a recovery for erty uncomfortable as a residence for ininjuries thereby caused to the latter, where valids. (Mass.) 820. the conductor could not have controlled the

A fair occupying 75 or 80 feet in width action of the engineer at the time of the ac and 4 blocks in length of an important cident, or have prevented its occurrence.

business street in a city, and consisting of (Ark.) 217.

numerous tents inclosing shows and exhibiLast clear chance.

tions, in front of which are stationed men The doctrine of last clear chance is held blowing horns and talking through mega69 L. R. A.


(Torts; NEGLIGENCE; INJURIES.) phones, together with various other stands, ployee for injuries caused by negligence in booths, Ferris wheels, merry-go-rounds, etc., the handling of a boiler upon the premises which is permitted by the authorities to be by a coemployee, an engineer who is conmaintained on the street for a week, is held ceded to have been competent, is denied. to be a public nuisance. (Ga.) 564.

(Pa.) 792. Injury to servant.

Injury to guest at inn. The failure to box, or otherwise protect, That an innkeeper is not liable for an a rapidly revolving upright shaft coming up injury inflicted upon a guest in his hotel. through the floor in an alley or passageway by a servant who was not at the time of where an inexperienced girl is required to the injury acting within the apparent or acsweep, who is not warned of the danger, is tual scope of his employment, is declared. held to be properly found by the jury to (C. C. A. 8th C.) 653. constitute negligence which will render the A trespass committed upon a guest in a employer liable for injuries to her when hotel by a servant of the proprietor, whethher clothing is caught and wound uponer actively engaged in the discharge of his the shaft. (Md.) 909.

duties at the time or not, is held to be a The liability of a master to a servant for breach of the implied undertaking that the injuries caused by negligence of a foreman guest shall be treated with due considerain directing work is denied where the mas- tion for his comfort and safety, for which

has otherwise performed his duty. the proprietor is liable in damages. (Neb.) (Ind.) 163.

642. A railroad engineer who obeys, although

Blocking stairway. reluctantly, an order to take his train through a mountainous region on its regular

The occupant of the lower floors of a trip, at a time of heavy rains, when land building, who blocks the stairway leading slides are anticipated, is held to assume

from the upper floor to the ground, su that

a tenant of such floor, in seeking to escape the risk of such slides, and to have no right to hold the company responsible in case

a fire, is compelled to drop a considerable his train is carried from the track by a

distance to reach the ground, is held to be slide which comes upon it so suddenly

liable for the injury resulting to him there.

from. that there is no time to escape, and the dan

(Pa.) 800. ger of which was not observed by a track in

Runaway team. spector who had passed the spot just before The proximate cause of the runaway of a the train reached there. (C. C. A. 6th (.) team harnessed to a wagon loaded with 757.

about a ton's weight, which a farmer had That the conductor of a passenger train left standing in the street hitched to a cannot be regarded as in a separate depart. hitching rail in front of a store while he ment of service from a brakeman of a freight was engaged in unloading his wagon, and train so as to render the railroad company which became frightened because a boy liable for injury to the latter by his negli- in turning over the hitching rail, struck gence, is decided. (Tenn.) 746.

the nose of one of them with his foot, Mere knowledge of an employee of a con- causing them to break the halter and run tractor for the setting of the stone work of away, is held to be the striking of the horse at building, of a custom that the scaffolding by the boy. (Kan.) 246. shall be furnished by the brick contractors,

Injury to travelcr on sidevnik. is held not to amount to a waiver of his right to hold his employer responsible for

The liability of a municipal corporation the safety of a scaffold furnished for him

for injuries to a traveler upon a niewalk to work upon. (III.) 697.

through the fall of it billbard insecurely

placed by an abutting owner upon his own The proximate cause of the injury of a servant by the fall of a derrick because of property near the edge of the street is de

nied. (Mich.) 618. the breaking of a spliced rope is held not

A horse block or stepping stone of ordito be the failure to insert thimbles into the loops of the splice, but the failure to inspect walk to facilitate access to and egress from

nary size, placed at the edge of the sidethe rope for the purpose of determining its

carriages in the street, is held not to be an condition, and to repair it after it has be obstruction of the walk, so as to render the come chafed and worn by use, where there municipality liable for injuries caused by a is nothing to show that the splice is not traveler falling over it. (App. D. C.) 83. sufficiently strong, without the thimbles,

Owners of property in possession of tento do the work required of it, and it fails

ants are held not to be bound to keep watch because of the wear due to continued use.

to see that ice dangerous to travel does not (Conn.) 936.

form on the walks in front of it, which are The liability of an employer to an

properly constructed and in proper repair,


(PROPERTY RIGHTS; DEEDS; FIXTURES; WILLS.) where their negligent construction of their | legal duty for which the company is liable. buildings does not constribute to its forma. (Kan.) 513. tion. (Pa.) 488.

Violation of right of privacy. Injury to person on street railway track.

The publication of the picture of a person Failure to anticipate the presence of a without his consent, as part of an advertiseman on his hands and knees on the track in ment, for the purpose of exploiting the front of an electric car on a dark night, and publisher's business, is held to be a violato run the car so as to provide for that con- tion of the right of privacy of the person tingency, is held not to be negligence on the whose picture is reproduced, and to entitle part of the motorman. (R. I.) 188.

him to recover without proof of special damFailure to look and listen at railroad ages. (Ga.) 101. crossing.

Conspiracy. Failure to look and listen before crossing

A combination of two or more persons to a street-car track at a public crossing is injure one in his trade by inducing his emheld not to be negligence per se, as matter ployees to break their contract with him, of law. (Me.) 300.

or to decline longer to continue in his emFailure to sound warning at trestle.

ployment, is held to be actionable if it re

sults in damage. (Ga.) 90. The duty to sound warnings when trains approach a trestle over a highway is held

Duty to connect property with drain. to depend upon the dangerous character of

The owners of improved property located the place, which is a question for the de- adjacent to an adequate sewer or drainage termination of the jury. (Tenn.) 662.

system in a city are held to be bound to

connect therewith the water gutters and Failure to care for person injured.

spouts upon their buildings, and not to perFailure of the employees operating a car mit the rain water to collect and discharge and engine by which a trespasser on the at a point in a public alley, where, by reason railway track is struck and injured without of the volume and force thus attained, it fault of the employees, to take charge of enters adjoining premises, provided such the wounded man and give him care and connection with the drainage system can be attention, is held not to be a violation of a reasonably made. (Minn.) 621.

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Shelley's Case.

egress to and from the second story of anI fee simple is vested in the first taker, other building, in consideration that the under the rule in Shelley's Case, by a con

owners of the latter building will permit veyance to one “during his natural life, and the owner of the other one to erect a porch then to his heirs." (lowa) 953.

on a 5-foot strip of a vacant lot adjoining Price quotations.

the back end of his building, is held not to

amount to the grant of an easement, but to A property right in price quotations constitute a license only, revocable by the gathered by a board of trade is held not to licensor. (Idaho) 568. be destroyed by the fact that a large percentage of the business done under its aus

Life tenants' interest in oil wells. pices consists of gambling transactions or

One entitled to an undivided life estate that the news is susceptible of bad as well under a statute giving a surviving husband as good uses. (C. ('. A. 7th C.) 59.

or wife a one-third interest in real estate Mines; surface support.

of the other is held to have no right to deThe leaving of surface supports is held of oil wells subsequently opened upon the

mand absolutely any part of the production not to be within a provision in a sale by the property by the remainder-men, but to be owner of coal in place of the vein, which entitled only to the income upon one third is held subject to the duty of supporting of the oil produced. (Tex.) 986. the surface, by which he undertakes to in demnify the purchaser for any damage

Life tenants' right to dividends. which may result to the surface "by rea Cash dividends upon corporate stock are son of the skilful and careful mining and held to belong to the life tenants, notwithtaking away of the coal;" the words being standing they were derived from the sale of held to refer solely to the manner of work permanent property in which profits had ing the vein. (Pa.) 637.

been invested. (Conn.) 76. Easement or license.

Waters. Permission to use a stairway erected on The wharfage and reclamation rights of the outside of a building for ingress and 'the owner of land on a cove leading off from

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