by a physician as to how the accident occurred, is a privileged communication. A physician cannot be allowed to disclose a privileged communication made in his presence to his partner. All the circumstances under which a passenger received an injury being proved, if they show nothing in the conduct of the passenger, oither of acts or neglect, to which the injury may be attributed, in whole or in part, the inference of due care may be drawn from the absence of all appearance of fault; overruling S. C., 17 N. W. Rep., 923. Raymond v. Burlington, C. R. & N. Ry. Co., 8. C. Ia. 21 N. W. Rep,, 495. Expenses of Realizing on Collaterals-When Chargeable against Debtor. -Where collaterals are delivered to a creditor for the purpose of securing a debt, and the creditor redelivers them for collection to the debtor's agent in pursuance of an arrangement made with the debtor, and where the creditor is compelled to bring suit against such agent for the recovery of the collaterals, or their proceeds the creditor is entitled to deduct from the amount recovered in such suit reasonable expenses thereof, before applying the amount to the debt. It is otherwise if the creditor delivered them to the agent as his agent, or where the suit was unnecessary. Hurst y. Coley, U. S. C. C., S. D. Ga. 22 Fed. Rep., 183. Freight Charges-Contract—Validity of Contract for a Rebate of par of Freight.-A contract of a railway company or association of such companies, made by its usual agents with a shipper to ship and carry a large quantity of grain at a reduced rate, which is five cents on the 100 pounds less than the customary rates, but that the same should be billed at the regular rates then current, and the freight paid at the latter rates, the difference in the two rates to be forthwith paid back to the shipper, is valid and binding on the company or companies making the same. Erie & Pac. Despatch v. Cecil, Jr. Chic. Leg. News, Dec. 20, 1884. Mortgage-Foreclosure Agreement Between Tenants in Common.— Plaintiff and defendant and others were co-tenants by descent from the same ancestor of certain real estate on which there was a mortgage. Defendant, without the consent of the others, agreed with the holder of the mortgage that the latter should foreclose, bid in the property, and after the time to redeem should expire, should convey it to defendant on being paid the amount due on the mortgage and costs of foreclosure. This agreement was carried out. Held, that the other co-tenants are entitled to share in the benefits of the transaction on making contribution to the expense. Oliver v. Hedderly, S. C. Minn. 21 N. W. Rep., 478. Nuisanco-Street Railroad-License when not a Justification.-The defendant corporation operated a street railroad along a street in that portion of San Francisco usally devoted to dwelling purposes, and, for the purpose of using steam as a motive power in propelling its cars by means of a cable, constructed a building on a lot adjoining the plaintiff's premises, for use in connection with its street railroad, as a car and engine house. Such use produced a loud and continuous noise; caused the plaintifl's house to bo constantly shukon and jarred; cracked the plastering in his rooms, and covered his premises and furniture with soot. Held, that such acts of the defendant constituted a nuisance for which it was liable, although the municipality of San Francisco had granted it a franchise to operate its road, and all its structures and machinery were necessary to that end, and were properly constructed. Tuebner v. California St. R. R. Co., 8. C. Cal. 4 West Coast Rep., 529. Partnership-Liability for Partner's Debt—Note given and accepted for Partner's private Debt.—A partnership liability can only be created for firm purposes, or such as are by creditors presumably for firm purposes, and it is immaterial whether a partner has private means or not, as a want of such means will not entitle him to use partnership means for his own purposes. There can be no recovery on a note given in the name of a firm by one partner without the knowledge of his co-partner for his own private debt, and accepted as such by the party bringing suit thereon against the members of the firm jointly. Roberts v. Pepple, S. C. Mich. 21 N. W. Rep., 319. Practice-As to Manner of Delivering Verdict—Jury may Control Verdict even after Making and Sealing Same.—A verdict may be reduced to writing and signed by the jury, or it may be delivered ore tenus by the foreman. Whatever may be pronounced as the verdict by the jury in open court, whether in writing or verbally, through the foreman, will be regarded as their verdict. A jury by derection of the court, made and sealed up a verdict in writing signed by eleven of their number, assessing the plaintiff's damages at fourteen hundred and sixty-seven-and eighty-eight cents, leaving out the word dollars, delivered the same to the clerk of the court and separated for the night. Next morning the clerk read the verdict publicly as it should have been, making the damage $1,467.88, and asked the jury if that was their verdict, and the foreman said it was and they were discharged: Held, that verdict as read in open court was the only verdict in the case, and that it was immaterial what was the form of the one written out by the jury. Griffin v. Larned, S. C. Ill. Headnotes Chic. Leg. News, Dec. 20, 1884. Removal of Cause—Claim of Property taken under Execution from State Court-Statutory Proceeding.-On September 26, 1877, F., L. & Co. recovered a money judgment against B., in Bowie county, Texas. Some years afterward, an execution issued upon that judgment and was levied upon a stock of goods in Texarkana. Under the statute law of Texas, D. filed her oath and claim bond, and took the property levied upon as her own. F., L. & Co. then filed their petition for removal of the proceeding by D, into the United States Circuit Court, they being non-residents, and the same was granted. When the cause came on to be heard in the United States Court, D. moved to remand the cause. Held, that this proceeding was not such a "suit" as could be removed into the federal court unless the original suit had remained undetermined and was also removed with it. Flash v. Dillon, U. S. C. C., E. D. Tex., Oct. 2, 1884. 22 Fed. Rep., 1. INDEX TO VOLUME VI. Abatement- plea in—plea of another action pending—practice in U. S. Court...... 51 Accord and Satisfaction— ...258, Sup. 165 arrangement between parties to settle for certain sum, but attorney Adoption- adopted child, after foster mother's death, can not inherit from in controversy as to possession of child between stepfather and Agent- 371 317 346 power to sell or purchase, does not include power to pledge............. 93 168 attorney is not general agent of his client, and bare relation of 211 cruelty to-dishorning cattle............. injury by vicious dog-liability of owner............................................................................................. .................. 175 16 person convicted of crime taking appeal, and pending appeal 246 Arbitration and Award- award should not be made in alternative. 137 judgment upon award not appealable to district court...........Sup. 57 for benefit of creditors—unliquidated claim for damages not debt 54 deed of, for benefit of creditors, excepting all existing liens, will 258 Assignment-Continued. a creditor who has failed to present his claim to the assignee for the benefit of creditors, prior to payment of dividend and within 6 mo's. after publication of notice of assignment, may afterwards present his claim and receive a dividend thereon equal to that paid to other creditors, if enough money is left.............261, Sup. 71 jurisdiction of federal courts over assignments under state laws..... 378 Assumpsit party receiving money from another to be paid over to third party, latter may sue in his own name; but not if money was received under a claim of right 227 money left with person to make certain payments, and misapplied, can not be recovered from latter's assignee or third party....... 247 Attachment ........ ..... ........ 302 fraudulent act before assignment, good ground for attachment...... 167 notes, bonds, etc., can be attached only by taking same in sheriff's possession .... attachment in U. S. Court on defective affidavit, court may allow its amendment, although state law gives no such power to state court state law granting attachment against non-resident debtor, not in conflict with the U. S. constitution................ Attorney and Client 348 .... 371 corporation liable for attorney's fees, only when......... authority to compromise cannot be inferred from bare relation of attorney and client. Persons dealing with an attorney concerning his client's business have no right to infer that he has powers of general agent............. Bailment gratuitous-negligence and liability of bailee....... Bankruptcy 54 211 .......... 137 discharge is absolute extinguishment of debt.................... creditor who has not proved his claim may, pending proceedings in bankruptcy, sue on provable claim against bankrupt.....276, Sup.* 157 Bank by-law of national bank forbidding transfer of stock of stockholder while indebted to bank, void........ ................................16, 228 right to recover usurious interest paid to national bank-practice -remedy-who can recover........... 51 delay in holding check drawn upon it and sent for collection-presumption of acceptance.. 302 Bar Association American, eleventh annual meeting .... 2 Bastardy liability of putative father upon promise to pay for support-natural relation sufficient consideration to support contract for maintenance of... proceedings may be maintained in Ohio by an unmarried mother, notwithstanding child was begotten and born in other state and mother and child never were residents of Ohio......260, Sup. 137 evidence of paternity of former child competent......... 382 Bond signature of, as escrow until other stipulated parties should sign also-forgery of name of surety on bond — liability of party signing .. 28 Boundary acquiescence in, by agreement, does not estop them or grantees to 111 City-(see Municipal Corporation.) afterwards dispute it............ Civil Rights Act of Ohio not complied with by setting aside place for accommodation of colored guests in eating house........ Common Carrier connecting carriers not held as partners..... exemption from liability for loss by fire-what will not amount to misconduct to deprive of............ ship is common carrier-exemption from liability for act of master or mariner, in bill of lading, invalid-exemption from loss by thieves valid......... exemption from damage that can be insured against not valid, if and so far as it exempts from loss by negligence of carrier.......... shipper of freight has a right to have his goods carried at legal rates, and payment of exorbitant rate not such a voluntary payment as to preclude recovery of overcharge.......... not bound to pay antecedent charges on freight tendered to it by connecting carriers......... 347 contract by railroad for rebate of part of amount paid for freight where large quantity is shipped, legal 383 Consideration— loau of money on joint request of such person and another, consideration for joint promise to repay officer holding attachment against body of party for contempt of court, may break open outer door of house to arrest him............. 176 commitment and attachment for, distinction...... 186 on disobedience to an order of Supreme Court Commission, in a case remanded to district court for execution, duty of enforcing order is imposed on said district court.. Contract ante-nuptial-contract to deliver property to intended wife on or before marriage............ 348 .25, 138 by telegram-cannot be aided by parol to explain.. 48 by letter-mailing letter of acceptance binds both parties if within time contemplated agreement to convey lot for church purposes, if church is built on it, building of church binds contract...... 138 post-nuptial agreements to promote domestic harmony may be enforced 167 |