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ARGUMENT OF COUNSEL. value.-Brady-Neely Grocer Co. v. De Foe, 169

S. W. 1135. See Criminal Law, 88 713–730; Trial, 88 10842133.

$ 374 (Tex.Civ.App.) In action for wrongful ARREST.

attachment on ground that plaintiffs were about

to dispose of their property to defraud creditors, See Bail; False Personation, 8 2; Prisons; allegations as to contract under which attached Replevin, 8 135.

goods were purchased from defendant held prop

er to show existence of malice and rebut the ASSAULT AND BATTERY.

grounds of attachment set up.-Brady-Neely

Grocer Co. v. De Foe, 169 S. W. 1135.
See Criminal Law, § 274; Homicide, 90; In action for wrongfully attaching stock of

Indictment and Information, & 189; Weap- goods owned by a firm, evidence that the man-
ons, 8 6; Witnesses, $ 337.

aging, partner was not trying to defraud credi.

tors by holding discount sale held to support ASSESSMENT.

verdict for plaintiffs, though other partner did

not testify as to his intention.-Id. See Eminent Domain, 88 71, 169, 185, 243; Evidence as to the particulars of the trade Municipal Corporations, 88 408-450 ; Taxa- between the parties and as to the agreement tion, 88 351-489.

showing how payments had been made and in

what way the balance due was to have been ASSIGNMENT OF ERRORS. paid held properly admitted.-Id.

Plaintiff" held properly permitted to testify See Appeal and Error, 88 501, 719-751.

that money taken from a cash drawer in plain. ASSIGNMENTS.

tiffs' store immediately before the attachment

was used to pay bills owing when the attachSee Action, $ 24; Appeal and Error, $ 1036; ment was levied for the purpose of showing Corporations, $ 542; Deeds, $ 156;' Insur that there was no intent to defraud creditors.

-Id. ance, § 222; Judgment, 88 843-847.

8 375 (Tex.Civ.App.) The measure of damag. I. REQUISITES AND VALIDITY. es for wrongful attachment is ordinarily the val(B) Mode and Sufciency of Assignment. ue of the goods attached, with interest from

the date of seizure.-Fisher v. Scherer, 169 S. $ 48 (Ky.) Any order which makes an ap W. 1133. propriation of a debt or fund amounts to an equitable assignment, where it is such as gives 8 380 (Tex.Civ.App.) Issue to excessive the assignee a present interest in the chose, even levy held properly submitted to the jury under though, as between the assignee and assignor, it the petition and evidence.-Brady-Neely Grocer was intended only as security.-Philadelphia Co. v. De Foe, 169 S. W. 1135. Veneer & Lumber Co. v. Garrison, 169 S. w.

$ 381 (Tex.Civ.App.) In an action for wrong714.

ful attachment, verdict for plaintiffs in a cer858 (Ky.) The acceptance of an assignment tain amount “as actual damages over and above by the debtor is unnecessary to enable the as- the principal and interest of the judgment" signee to maintain an action, where the assign- held sufficient to warrant the cancellation of the ment is for the full amount of the debt.-Phila- judgment recovered by defendant in the attachdelphia Veneer & Lumber Co. v. Garrison, 169 ment action.–Brady-Neely Grocer Co. v. De S. W. 714.

Foe, 169 S. W. 1135.
ASSIGNMENTS FOR BENEFIT OF ATTORNEY AND CLIENT.
CREDITORS.

See Appeal and Error, $$_232, 715, 1004, 1060;
See Bankruptcy.

Criminal Law, 88 713–730, 1090, 1171; Dis

trict and Prosecuting Attorneys; Drains, $3 ASSUMPTION.

18-20; Executors and Administrators, $ 314;

Trial, 88 10812–133, 144.
Of risk, see Master and Servant, 88 203-224,
280, 288.

III. DUTIES AND LIABILITIES OF AT.

TORNEY TO CLIENT.
ASSUMPTION OF RISK.

$ 123 (Ky.) An attorney is bound to disclose See Carriers, 8 280.

his whole knowledge to his client and exercise

the utmost degree of good faith in all transacATTACHMENT.

tions between them.-Dotson v. Patterson, 169

S. W. 497.
See Appeal and Error, 88 216, 1040; Home-

An attorney, employed to clear the title to stead; Judgment, g 883 ; Set-Off and Counter-coal land, heid not guilty of impropriety in inclaim, $ 29.

ducing a sale of his clients' interest to C., re

leasing his clients from liability for his fee, and I. NATURE AND GROUNDS.

joining C. in an endeavor to sell the property (B) Grounds of Attachment.

at a profit to obtain compensation for his serv. $ 21 (Tex.Civ,App.) An attachment

must ices.-10.
stand or fall according to the facts existing at
the date of its issuance, and cannot be based on

IV. COMPENSATION AND LIEN OF a subsequent event.--Brady-Neely Grocer Co. v.

ATTORNEY.
De Foe, 169 S. W. 1135.

(A) Fees and Other Remuneration. XI. WRONGFUL ATTACHMENT.

$ 150 (Ark.) Kirby's Dig. § 4457, entitling an

attorney, having a contingent fee. to a reason$ 357 (Tex.Civ. App.) It is no defense to a able attorney's fee on a compromise of the suit claim for actual damages from wrongful attach- by the parties, held not to give a right of action, ment that the plaintiff in attachment had proba- where the cause of action was compromised with ble cause to believe that ground for attachment the attorney's consent.-Hall v. Huff, 169 S. W. existed.-Fisher v. Scherer, 169 S. W. 1133. 792.

$ 373 (Tex.Civ.App.) Petition held sufficient Under Kirby's Dig. $ 4457, authorizing an at. as against an exception for failure to show the torney to recover a reasonable fee on comproarticles removed from plaintiffs' store and their mise by the parties, such fee is not a speculative value or those remaining in the store and their or contingent fee, but one that is reasonable,

2

considering the importance of the litigation, the (E) Insolvency and Dissolution. attorney's skill, and the character of his services. $77 (Ky.) Under Acts 1912, c. 4, § 18, bank-Id.

ing commissioner in liquidating insolvent bank AUTHORITY.

held authorized to sell real estate without con

sent or direction of the court and upon such See Principal and Agent, $f 122–131.

terms as he believes to be to the best interests

of all.-Ex parte Smith, 169 S. W. 582. AUTOMOBILES.

Under Banking Act, when the banking comSee Highways, 186; Insurance, 8 435; Rail- | missioner takes charge of a bank, he may act roads, 8 348; Sales, 85 38, 52, '120, 126, 166,

without an order of the court; his acts being 267, 273, 279, 284, 391, 441.

subject to review by the court.-Id.

When the banking commissioner files a re

port of his administration of a bank, it should BAIL.

lay over for an opportunity to file a petition II. IN CRIMINAL PROSECUTIONS.

for a review, and, if none is filed where real es

tate has been sold, the commissioner should be & 94 (Tex.Cr.App.) Proceedings to forfeit bail | directed to execute conveyances, as is required bonds being governed by the rules governing when real estate is sold under a judgment.-Id. civil actions, an appeal from a judgment of for- Where real estate is sold by a bank, of which feiture must be dismissed where no briefs as the banking commissioner takes charge, before required in civil cases were filed in the lower he takes charge he should file a report showing court and the Court of Criminal Appeals.- l the fact. and, if no exceptions are filed to the Thetford v. State, 169 S. W. 1153.

report, the court sheild order him to collect

any unpaid price and execute a conveyance. BALLOTS.

- 1a. See Elections, 88 216, 228, 255, 293, 295, 299.

III. FUNCTIONS AND DEALINGS. BANKRUPTCY.

(C) Deposits.

8 134 (Ark.) Where defendant and another See Evidence, 88 272, 366.

executed to a bank a joint note for $3,500, the I. CONSTITUTIONAL AND STATU. bank on maturity of the note was entitled to apTORY PROVISIONS.

ply defendant's general deposit to its payment;

and it was immaterial that the bank had no de$9 (Ark.) The federal Bankruptcy Act of mand or set-off against the other joint maker, 1898 superseded state insolvency laws in so far | nor could defendant complain that suit was not as they relate to the same subject-matter and brought for the whole amount of the note, but affect the same persons; hence state courts only for the balance due.-Rush v. Citizens' Nat. should not assume jurisdiction of a general as- | Bank, 169 S. W. 777. signment for creditors within four months after the date of the assignment.--Baxter County

BASTARDS. Bank v. Copeland, 169 S. W. 1180.

I. ILLEGITIMACY IN GENERAL. BANKS AND BANKING.

$ 1 (Ark.) Where decedent left his wife, and, See Bills and Notes. $ 370: Constitutional after falsely informing L. that he had procured Law, $ 52; States, 44.

a divorce, married her, her children were legiti.

mate, under Kirby's Dig. & 2640, though her II. BANKING CORPORATIONS AND marriage was void, and were entitled to inherit ASSOCIATIONS.

decedent's estate equally with the issue of the

first marriage.-Evatt v. Mier, 169 S. W. 817. (C) Stockholders. $ 48 (Ky.) Under Ky. St. 88 545, 546, and 595, BENEFICIAL ASSOCIATIONS. until transfer of bank stock is registered on the books of the corporation, the creditors may look

| See Insurance, 88 743–819. to the transferror or the transferee, at their election, in enforcing the statutory liability of

BEQUESTS. stockholders.-Robinson-Pettit Co. v. Sapp, 169 S. W. 869.

See Wills. Where either the transferror or the transferee of stock in a state bank has been compelled to BEST AND SECONDARY EVIDENCE. pay any money on account of the statutory liability of stockholders, which the other in See Evidence, g 177. good faith should have paid, he may look to such other for repayment.-Id.

BILL OF EXCHANGE. $ 49 (Ky.) In an action to enforce the statu- | See Bills and Notes, tory liability of a stockholder in an insolvent state bank, evidence held sufficient to support a

BILL OF LADING. finding that a transfer of the stock to defendant was absolute and not to secure a debt. ---Robin See Carriers, & 94. son-Pettit Co. v. Sapp, 169 S. W. 869.

Where the transferee of state bank stock for 18 months, and until failure of bank, made no complaint, held, that it could not set up as a wee Fleading, 8 DV.

See Pleading, $ 320. defense, to the enforcement of the statutory liability, that the transfer of the stock was

BILLS AND NOTES. fraudulent.--Id.

See Account Stated, $ 20; Appeal and Error, 8 49 (Tex.Civ.App.) In view of the national $ 1050; Husband and Wife, $$ 85, 216, 232, Banking Act, $ 50, Acts 31st Leg. 2d Ex. Sess. 238; Judgment, $ 715; Taxation, $8 47, 351; c. 15, 8 9 (Rev. St. 1911, art. 459), authorizes Witnesses, $ 149. the commissioner of banking to enforce the individual liability of stockholders in insolvent

I. REQUISITES AND VALIDITY. state banks whenever, in his judgment, such proceeding is necessary, and he need not make a

(F) Validity. preliminary showing to the court of such neces- 8106 (Tex.Civ.App.) Where a corporation sity.-Collier v. Smith, 169 S. W. 1108. Isold all its stock to S. & Co., who employed R

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes sen same topic and section (8) NUMBER

BILL OF PARTICULARS.

ARGUMENT OF COUNSEL. | value.-Brady-Neely Grocer Co. v. De Foe, 169

S. W. 1135. See Criminal Law, 88 713–730; Trial, 88 10849133.

| 8 374 Tex.Civ.App.) In action for wrongful · ARREST.

attachment on ground that plaintiffs were about

to dispose of their property to defraud creditors, See Bail; False Personation, & 2; Prisons; allegations as to contract under which attached Replevin, 8 135.

goods were purchased from defendant held prop

er to show existence of malice and rebut the ASSAULT AND BATTERY.

grounds of attachment set up.-Brady-Neely

I Grocer Co. v. De Foe. 169 S. W. 1135. See Criminal Law, 8 274; Homicide, § 90; 1 In action for wrongfully attaching stock of

Indictment and Information, $ 189; Weap- goods owned by a firm, evidence that the manons, $ 6; Witnesses, $ 337.

aging partner was not trying to defraud credi

tors by holding discount sale held to support ASSESSMENT.

verdict for plaintiffs, though other partner did

not testify as to his intention.-Id. See Eminent Domain, 88 71, 169, 185, 243;

Evidence as to the particulars of the trade Municipal Corporations, 88 408-450; Taxa

between the parties and as to the agreement tion, 88 351-489.

showing how payments had been made and in

what way the balance due was to have been ASSIGNMENT OF ERRORS. paid held properly admitted.-Id.

Plaintiff held properly permitted to testify See Appeal and Error, 88 501, 719-751.

that money taken from a cash drawer in plain

tiffs' store immediately before the attachment ASSIGNMENTS.

was used to pay bills owing when the attachSee Action 894. Anneal and Error 8 1036: ment was levied for the purpose of showing

Corporations, $ 542; Deeds, $ 156; Insur that there was no intent to defraud creditors. ance, 8 222; Judgment, 88 843–847.

-Id.

$ 375 (Tex.Civ.App.) The measure of damagI. REQUISITES AND VALIDITY. es for wrongful attachment is ordinarily the val. (B) Mode and Sufficiency of Assignment. ue of the goods attached, with interest from

the date of seizure.--Fisher v. Scherer, 169 S. $ 48 (Ky.) Any order which makes an ap. w 1133 propriation of a debt or fund amounts to an equitable assignment, where it is such as gives , 8 380 Tex.Civ.App.) Issue as to excessive the assignee a present interest in the chose, even levy held properly submitted to the jury under though, as between the assignee and assignor, it the petition and evidence.--Brady-Neely Grocer was intended only as security.-Philadelphia | Co, V. De Foe, 169 S. W. 1135. Veneer & Lumber Co. v. Garrison, 169 S. W. $ 381 (Tex.Civ.App.) In an action for wrong. 714.

ful attachment, verdict for plaintiffs in a cer$ 58 (Ky.) The acceptance of an assignment tain amount "as actual damages over and above by the debtor is unnecessary to enable the as the principal and interest of the judgment" signee to maintain an action, where the assign held sufficient to warrant the cancellation of the ment is for the full amount of the debt.-Phila- judgment recovered by defendant in the attachdelphia Veneer & Lumber Co. v. Garrison, 169 ment action.-Brady-Neely Grocer Co. v. De S. W. 714.

Foe, 169 S. W. 1135.
ASSIGNMENTS FOR BENEFIT OF ATTORNEY AND CLIENT.

See Appeal and Error, 88_232, 715, 1004, 1060; See Bankruptcy.

Criminal Law, 88 713-730, 1090, 1171 ; Dis

trict and Prosecuting Attorneys; Drains, $8 ASSUMPTION.

18–20; Executors and Administrators, $ 314;

Trial, 'ss 10812-133, 144. Of risk, see Master and Servant, &$ 203-224, 280, 288.

III. DUTIES AND LIABILITIES OF AT

TORNEY TO CLIENT.
ASSUMPTION OF RISK.

$ 123 (Ky.) An attorney is bound to disclose See Carriers, 8 280.

his whole knowledge to his client and exercise

the utmost degree of good faith in all transacATTACHMENT.

tions between them.-Dotson v. Patterson, 169

S. W. 497. See Appeal and Error, 88 216, 1040; Home- An attorney, employed to clear the title to stead; Judgment, 8 883; Set-Off and Counter-coal land, heid not guilty of impropriety in inclaim, § 29.

ducing a sale of his clients' interest to c., reI. NATURE AND GROUNDS.

leasing his clients from liability for his fee, and

joining C. in an endeavor to sell the property (B) Grounds of Attachment.

at a profit to obtain compensation for his sery821 (Tex.Civ.App.) An attachment must ices.--Id. stand or fall according to the facts existing at the date of its issuance, and cannot be based on

IV. COMPENSATION AND LIEN OF a subsequent event.-Brady-Neely Grocer Co. v.

ATTORNEY. De Foe, 169 S. W. 1135.

(A) Fees and Other Remuneration. XI. WRONGFUL ATTACHMENT.

$ 150 (Ark.) Kirby's Dig. § 4457, entitling an

attorney, having a contingent fee. to a reason$ 357 (Tex.Civ.App.) It is no defense to a able attorney's fee on a compromise of the suit claim for actual damages from wrongful attach- by the parties, held not to give a right of action, ment that the plaintiff in attachment had proba- where the cause of action was compromised with ble cause to believe that ground for attachment the attorney's consent.-Hall v. Huff, 169 S. W. existed.--Fisher v. Scherer, 169 S. W. 1133. 792.

$ 373 (Tex.Civ.App.) Petition held sufficient Under Kirby's Dig. & 4457, authorizing an at. as against an exception for failure to show the torney to recover a reasonable fee on comproarticles removed from plaintiffs' store and their mise by the parties, such fee is not a speculative value or those remaining in the store and their or contingent fee, but one that is reasonable,

CREDITORS.

of , wo ASSUMPTION. I

com-

re-

considering the importance of the litigation, the (E) Insolvency and Dissolution.
attorney's skill, and the character of his services.

$77 (Ky.) Under Acts 1912, c. 4, § 18, bank-
-Id.

ing commissioner in liquidating insolvent bank
AUTHORITY.

held authorized to sell real estate without con-

sent or direction of the court and upon such
See Principal and Agent, 88 122–131.

terms as he believes to be to the best interests

of all.-Ex parte Smith, 169 S. W. 582.
AUTOMOBILES.

Under Banking Act, when the banking
See Highways, $ 186; Insurance, 435; Rail- missioner takes charge of a bank, he may act

roads, § 348; Sales, &$ 38, 52, '120, 126, 166, without an order of the court; his acts being
267, 273, 279, 284, 391, 441.

subject to review by the court.-Id.

When the banking commissioner files a
BAIL.

port of his administration of a bank, it should

lay over for an opportunity to file a petition
II. IN CRIMINAL PROSECUTIONS.

for a review, and, if none is filed where real es-

tate has been sold, the commissioner should be
8 94 (Tex.Cr.App.) Proceedings to forfeit bail directed to execute conveyances, as is required
bonds being governed by the rules governing when real estate is sold under a judgment.-Id.
civil actions, an appeal from a judgment of for Where real estate is sold by a bank, of which
feiture must be dismissed where no briefs as the banking commissioner takes charge, before
required in civil cases were filed in the lower he takes charge he should file a report showing
court and the Court of Criminal Appeals.- the fact, and, if no exceptions are filed to the
Thetford y, State, 169 S. W. 1153.

report, the court sheild order him to collect

any unpaid price and execute a conveyance.
BALLOTS.

-Id.
See Elections, 88 216, 228, 255, 293, 295, 299.

III. FUNCTIONS AND DEALINGS.
BANKRUPTCY.

(C) Deposits.

$ 134 (Ark.) Where defendant and another
See Evidence, 88 272, 366.

executed to a bank a joint note for $3,500, the
I. CONSTITUTIONAL AND STATU.

bank on maturity of the note was entitled to ap-
TORY PROVISIONS.

ply defendant's general deposit to its payment;

and it was immaterial that the bank had no de-
$ 9 (Ark.) The federal Bankruptcy Act of mand or set-off against the other joint maker,
1898 superseded state insolvency laws in so far nor could defendant complain that suit was not
as they relate to the same subject-matter and brought for the whole amount of the note, but
affect the same persons; hence state courts only for the balance due.-Rush v. Citizens' Nat.
should not assume jurisdiction of a general as- Bank, 169 S. W. 777.
signment for creditors within four months after
the date of the assignment.-Baxter County

BASTARDS.
Pank v. Copeland, 169 S. W. 1180.

I. ILLEGITIMACY IN GENERAL.
BANKS AND BANKING.

81 (Ark.) Where decedent left his wife, and,
See Bills and Notes, 8 370; Constitutional after falsely informing L. that he had procured
Law, § 52; States, § 44.

a divorce, married her, her children were legiti.

mate, under Kirby's Dig. 2640, though her
II. BANKING CORPORATIONS AND

marriage was void, and were entitled to inherit
ASSOCIATIONS.

decedent's estate equally with the issue of the

first marriage.-Evatt v. Mier, 169 S. W. 817.
(C) Stockholders.
8 48 (Ky.) Under Ky. St. 88 545, 546, and 595, BENEFICIAL ASSOCIATIONS.
until transfer of bank stock is registered on the
books of the corporation, the creditors may look See Insurance, 88 743–819.
to the transferror or the transferee, at their
election, in enforcing the statutory liability of
stockholders.-Robinson-Pettit Co. v. Sapp, 169

BEQUESTS.
S. W. 869.

See Wills.
Where either the transferror or the transferee
of stock in a state bank has been compelled to BEST AND SECONDARY EVIDENCE.
pay any money on account of the statutory
liability of stockholders, which the other in See Evidence, 8 177.
good faith should have paid, he may look to
such other for repayment.-Id.

BILL OF EXCHANGE.
8 49 (Ky.) In an action to enforce the statu- See Bills and Notes.
tory liability of a stockholder in an insolvent
state bank, evidence held sufficient to support a

BILL OF LADING.
finding that a transfer of the stock to defendant
was absolute and not to secure a debt.-Robin- See Carriers, 8 94.
son-Pettit Co. v. Sapp, 169 S. W. 869.

Where the transferee of state bank stock for BILL OF PARTICULARS.
18 months, and until failure of bank, made no
complaint, held, that it could not set up as a

See Pleading, $ 320.
defense, to the enforcement of the statutory
liability, that the transfer of the stock was

BILLS AND NOTES.
fraudulent.-Id.

See Account Stated, § 20; Appeal and Error,
8 49 (Tex.Civ.App.) In view of the national $ 1050; Husband and Wife, $$ 85, 216, 232,
Banking Act, $ 50, Acts 31st Leg. 2d Ex. Sess. 238; Judgment, $ 715; Taxation, $8 47, 351;
c. 15, 8 9 (Rev. St. 1911, art. 459), authorizes

Witnesses, 8 149.
the commissioner of banking to enforce the in-
dividual liability of stockholders in insolvent

I. REQUISITES AND VALIDITY.
state banks whenever, in his judgment, such
proceeding is necessary, and he need not make a

(F) Validity.
preliminary showing to the court of such neces § 106 (Tex.Civ.App.) Where corporation
sity.-Collier v. Smith, 169 S. W. 1108. sold all its stock to S. & Co., who employed R.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section () NUMBER

a

BONA FIDE PURCHASERS.

BONDS.

to resell, and R. sold stock to defendant, re- noncompliance with his part of the contract, he ceiving a note to S. & Co. for a part of the may in an ac

an action upon a no

conseprice, and another note for the balance, repre- yuence of the contract set up such claim as a senting commissions, the latter note was not in-defense.-Dutton v. Million, 169 S. W. 1183. valid as violating a statute prohibiting the cor-/ 8 494 (Ky.) Where the execution of notes is poration to sell stock except for money paid, admitted, the burden of proof is on defendant labor done, or property actually received. to establish the defense of fraud in the procureScheffel v. Smith, 169 S. W. 1131.

ment of the note.--Pratt v. Rounds, 169 S. W. II. CONSTRUCTION AND OPERATION.

848.

$ 525 (Ky.) That a purchaser of notes at a § 121 (Ky.) That one who signed a note as discount of 25 per cent. had purchased many surety signed the name of her principal with-notes from the payee at the same discount did out authority does not make such surety the not alone show that he was not a holder in due principal.-Mutual Benefit Life Ins. Co. v. | course, within Negotiable Instrument Act, $$ 25, First Nat. Bank, 169 S. W. 1028.

| 52, 56, 57.-Pratt v. Rounds, 169 S. W. 848. IV. NEGOTIABILITY AND TRANSFER....

| $537 (Tex.Civ.App.) Evidence held to require

to submission to the jury as to whether a note (C) Transfer Without Indorsement. sued on had been executed to prevent a criminal $ 211 (Ark.) Where the maker of a note drew prosecution against one of the parties.-San. it to its own order, and then indorsed it in ford v. John Finnigan Co., 169 S. W. 624. blank, it was, in legal effect, a note payable to bearer, and no written indorsement was neces

· BLASPHEMY.
sary to pass title.-Williamson Bank & Trust
Co. v. Miles, 169 S. W. 368.

See Telegraphs and Telephones, $ 36.
V. RIGHTS AND LIABILITIES ON IN-
DORSEMENT OR TRANSFER.

See Bills and Notes, &$ 343–375; Vendor and (D) Bona Fide Purchasers.

Purchaser, 88 231, 232. $ 343 (Ky.) That a purchaser before maturity of a note detached from a contract knew that the contract empowered the payee to detach the

See Appeal and Error, $$ 383, 395, 1236; Bail; note did not bring home to him knowledge of

Garnishment, § 241; Insurance, $ 21; Muany fraud practiced on the maker at the time

nicipal Corporations, § 918; Principal and of the making of the contract and note.-Pratt

Surety; Replevin, $$ 49, 135; Schools and v. Rounds, 169 S. W. 848.

School Districts, $ 97. $ 343 (Tex.Civ.App.) Where R. sold corporate stock to defendant, receiving a note for part of

BOOKS. the price, representing commissions, which he transferred to plaintiff, R.'s statement to plain See Evidence, & 335; Witnesses, $ 16. tiff that he had sold stock to defendant did not charge plaintiff with notice that the stock had

BOTTLES. not been paid for in some of the ways required by law.-Scheffel v. Smith, 169 S. W. 1131. See Principal and Agent, g 177.

$365 (Ky.) Under Negotiable Instrument Act, notes transferred to a bona ide purchaser are

BOUNDARIES. not subject to equities obtaining between the See Evidence, 8 317; Trespass to Try Title, $ maker and payee.-Pratt v. Rounds, 169 S. W. )

| 47; Vendor and Purchaser, $ 231. 848. $ 370 (Ark.) Where a bank, without knowl

1. DESCRIPTION. edge of any defense, purchased a note payable

$5 (Tex.Civ.App.) Where earlier blocks have to bearer, giving the seller credit on its books

already been located on the ground, their locafor the amount of the note, the bank is entitled

tion cannot be changed because there is a conto a directed verdict in an action against the maker, though want of consideration has been

flict betwen them and the description of subshown, and the seller had guaranteed payment.

sequently located blocks.-McSpadden v. Van-Williamson Bank & Trust Co. v. Miles, 169 S.

nerson, 169 S. W. 1079. W. 368.

II. EVIDENCE, ASCERTAINMENT, AND $ 373 (Ky.) Under Negotiable Instrument Act,

ESTABLISHMENT. 8 124, a maker of a note attached to a contract by a perforated line cannot complain that the

$ 33 (Tex.Civ.App.) He who claims land by note was detached and sold to a third person,

virtue of a grant from the state, when the where the contract gave authority to the payee |

boundaries are in issue, must prove the location

of such boundaries and that the land in conto detach it.-Pratt v. Rounds, 169 S. W. 848.

troversy is included therein.-State v. Post, 169 $ 375 (Tex.Civ.App.) A note given for com

S. W. 401, missions on a sale of corporate stock is not void

FL 37 (Tex.Civ.App.) That a survey was mereab initio, and hence is within the doctrine of

S ly an office survey may be established by cir. bona fide purchaser.-Scheffel v. Smith, 169 S. W. 1131.

cumstantial evidence.-McSpadden v. Vanner

son, 169 S. W. 1079. VII. PAYMENT AND DISCHARGE. 1 $ 40 (Tex.Civ.App.) In an action involving a $ 430 (Ky.) The execution of a new note in

in disputed boundary of land, the question wheth

er a corner as located by the surveyors was the place of an old one, to which the wife of one

true corner held, under the evidence, for the of the signers added her name as surety, does

jury.--McSpadden v. Vannerson, 169 S. W. not constitute a novation and discharge the old obligation.Mutual Benefit Life Ins. Co. v.

1079.

In an action involving a disputed boundary First Nat. Bank, 169 S. W. 1028.

to land, the question whether the line should be Where a note was renewed, but the maker's name was signed by one without authority so

governed by courses and distances or by arthat the new note was not binding, the old note

tificial monuments claimed to have been laid

out by earlier surveyors held, under the eviwill be considered as still in force.--Id.

dence, for the jury.-Id. VIII. ACTIONS.

BRIDGES, $ 451 (Ark.) Whenever a defendant can maintain a cross-action for damages for plaintiff's! See Courts, 231,

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