1055. Pledge of note, with power of sale; pur- chase by maker. Zimpleman v. Veeder, 98 Ill. 613.
1056. Note given by depositor to bank indorsed to another bank with collateral; maker cannot ap- ply collateral for his benefit, on first bank becoming insolvent. Munger v. Albany Bank, 13 N. Y. Week. Dig. 275.
By Factor, 512; collateral Notes, 976; by Part- ner of firm securities, 1018; of bonds by Railroad, 1081.
Police Power; MUNICIPAL FIRE LIMITS, 897. Poor.
1057. "Sufficient ability " to pay for support. Newton v. Feeley, 130 Mass. 12.
1058. Settlements of women; Massachusetts Acts; constitutionality. Cambridge v. Boston, 130 Mass. 357.
1059. Women twice married; presumption of; death of first husband. Hyde Park v. Canton, 130
1060. Settlement by "being duly enlisted" in town quota; enlisting under false name; "'wilful desertion." Milford v. Uxbridge, 130 Mass. 107. 1061. English poor law; settlement by residence. Guardians v. Guardians, 7 Q. B. D. 539.
1062. Derivative settlement; effect of non-resi- dence of father and husband. Fitchburg v. Athol, 130 Mass. 370.
Poor Debtor; arrest of, 55.
Possession; change of, on alleged Fraudulent Con- veyance, 541; as evidence of Larceny, 733; of Mortgaged premises, 839; defined, 900, 1072; in Trespass, 1273.
Post-Office; POSTAL LAWS; MAILS.
1063. Embezzlement by mail agent; averments. United States v. Hamilton, 9 Fed. Rep. 442.
1076. Charter of Little Rock & Napoleon Rail- road not revoked by Constitution of 1874; question of exclusive franchise; estoppel to object to rival road. Little Rock, etc., R. R. v. Miss. River, etc., R. R., 36 Ark. 663.
1077. Citizenship not changed by leasing road in another State. Balt. & O. R. R. v. Koontz, 24 Alb. L. J. 487; 3 Morr. Trans. 34.
1078. Citizenship of railroad chartered in three States. Johnson v. Phil. W. & B. R. R., 24 Alb. L. J. 536.
1079. Cannot do express business; duties to ex press companies. Southern Expr. Co. v. Memphis etc., R. R., 24 Alb. L. J. 515.
1080. Ultra vires; transportation contracts by di- rectors for fixed time. Cleveland, etc., Co. v. Himrod Co., 12 Rep. 761.
1081. Right of railroad company under N. Y. General Railroad Act, to pledge its bonds; pledge to director or president. Duncomb v. N. Y., H. & N. R. R., 84 N. Y. 190.
1082. Preferred stock; guaranteed dividends held cumulative and arrears included with interest; pass-
1066. Injury from neglect to resist wrongful suit. ing of right to undeclared dividends by assignment Eoff v. Clay, 9 Mo. App. 176.
of stock; laches; limitations. Boardman v. Lake Shore R. Co., 84 N. Y. 157.
1083. Tax levied to pay railroad coupons; bill by tax payer to enjoin treasurer. Virden v. Needles, 98 Ill. 366.
1084. Bill in behalf of minority of bondholders to compel trustees to take possession of mortgaged property. First N. Ins. Co. v. Salisbury, 130 Mass. 303.
1085. Right of stockholder under Act of 1853 to participate in foreclosure purchase, revoked by Act of 1854. Pratt v. Mimson, 84 N. Y. 582.
1086. Bill by creditors of insolvent railroad to restrain improvident lease. Pond v. Fram. & L. R. R., 130 Mass. 194.
Rights of bondholders, 231.
Taking Lands; Proceedings; Damages.
1087. Right of company to franchise not to be considered in condemnation proceedings. Schroeder v. Detroit R. Co., 44 Mich. 387.
1088. Petition for damages; Massachusetts prac- tice. Wamesit Co. v. Lowell, etc., R. R., 130 Mass. 455.
1089. Oral agreement to release to owner part of land within location; statute of frauds; part per- formance. Barnes v. B. & M. R. R., 130 Mass. 388. 1090. Rental value as element of damages. O'Con- nor v. St. Louis, etc., R. R., 12 Rep. 746.
1091. Refusal of director to convey depot grounds bought for company; bill in equity. Mich. Air Line R. v. Mellen, 44 Mich. 321.
1092. Award of damages; raising objections; practice. Mich. Air Line R. v. Barnes, 44 Mich. 222.
1093. Right to build road across highway; Gene- ral Railroad Act and Special Acts construed. Strana- han v. Sea View R. Co., 84 N. Y. 308.
See also, 933; Recovery of State land wrongfully taken by, 1207; see also, 595.
1094. Town-aid; revocation of subscription by tax payer; filing; estoppel by consent on file; tender of stock received for bonds. Springport v. Teutonia Bank, 84 N. Y. 403.
1095. Town not estopped by affidavit of assessor from showing that consent of majority of tax payers was not obtained. Cagwin v. Hancock, 84 N. Y.
1096. Unauthorized contract by receiver for coun- ty aid to finish road. Smith v. McCullough, 3 Morr. Trans. 4.
Railroad Mortgages; Taxation.
1097. Term " property" in railroad mortgage defined. Smith v. McCullough, 3 Morr. Trans. 4. 1098. Debenture, stock and mortgages; priority. Harrison v. Cornwell R. Co., 18 Ch. D. 334.
1099. Taxation of railroad property; rights of prior chattel mortgagee; when tax-lien attaches. Binkert v. Wabash R. Co., 98 Ill. 205.
1100. Right of way; "Real estate other than rail- road track "; State Board must make assessment. Chicago & A. R. R. v. People, 98 Ill. 350.
As Carriers of Freight; Bills of Lading. 1101. Flour delivered on cars and receipt taken in buyer's name, passes property. Wigton v. Bow- ley, 130 Mass. 252.
1102. Company not bound by bill of lading, fraudulently given by freight agent, for goods not shipped; usage. Robinson v. Memphis & C. R. R.,
1103. Delay of cattle train by flood; trying to run through water; giving owner facilities to un- load. Bill v. N. Y. Central R. R., 84 N. Y. 5.
1104. Transporting animals; exemption clause not applicable to carrier's own negligence. Hol- supple v. Rome, etc., R. R., 24 Alb. L. J. 453.
1105. Lien of second carrier where goods stopped in transitu. Potts v. N. Y. & N. E. R. R. (notes), 24 Alb. L. J. 464.
1106. Taking goods with knowledge of impedi- ment beyond line. McCarthy v. T. IIaute R. R., 9 Mo. App. 159.
1107. Relations of dispatch company to trunk lines. St. Louis Ins. Co. v. St. L. R. R., 24 Alb. L. J. 514.
1108. Joint liability of connecting lines. Barrett v. Ind. & St. L. R. R., 9 Mo. App. 226. Theft from freight car, 717.
As Carriers of Passengers.
1109. Maine law as to stopping over; only valid within State. Carpenter v. Grand T. R. Co., 24 Alb. L. J. 537.
1110. Passenger leaving train run over while crossing second track. Brassell v. N. Y. Central, etc., R. R., 84 N. Y. 241.
1111. Ejection of passenger riding improperly on limited ticket. Penn. R. R. v. Wentz, 12 Rep. 761. Negligence toward Neighboring Owners. 1112. Warehouse burned by sparks from engine run to it by request. Marg., etc., R. R. v. Spear, 44 Mich. 169.
1113. Wheat field burned by fire kindled by engine; sowing wheat on right-of-way land and failing to remove stubble. Slossen v. Burlington, etc., R. Co. (Iowa, Dec. 17, 1881), 10 N. West. Rep. 860. 1114. Brakeman struck by iron rod projecting from bridge. Wabash R. Co. v. Elliott, 98 Ill. 481. 1115. Workman crushed between cars by yard- master's carelessness; company not liable. Cosker v. Long I. R. R., 84 Ñ. Y. 77.
1118. Ringing of bell; rate of speed. Thomas v. Del., L. & W. R. R. (U. S. C. C., North D. N. Y.), 12 Rep. 739.
1119. Running over young child; prospective damages. St. Louis, etc., R. Co. v. Freeman, 36 Ark. 41.
1120. Cows on track frightened and running into culvert. Hot Spr. R. Co. v. Newman, 36 Ark. 607. 1121. Running over mule; burden of proof. Memphis, etc., R. R. Co. v. Jones, 36 Ark. 87.
1122. Killing stock in foggy weather. St. Louis, etc., R. Co. v. Vincent, 36 Ark. 451.
1123. Act giving double damages, if killing not posted, valid. Memphis, etc., R. Co. v. Horsfall, 36 Ark. 651.
1124. Walking on track at night while drunk; no light on train. Little Rock, etc., R. Co. v. Park- hurst, 36 Ark. 371.
1125. Action by husband against street railway for injury to wife from defective track. Osgood v. Lynn & B. R. R., 130 Mass. 492.
1126. Not negligence per se to stand on front platform of street car. Nolan v. Brooklyn R. Co.,
13 N. Y. Week. Dig. 286. 1127. Starting car with jerk, throwing passen- ger against glass. Dougherty v. Miss. Pacific R. R., 9 Mo. App. 478.
1128. Definition of "force" and "threats." Jones v. State, 10 Tex. App. 552.
Real Property; Conditions affecting, 366; as to Water, see that title; see also, SIC UTERE TUO. Receipt; RELEASE; see 504.
1129. Power of chancellor to appoint in vacation. Franklyn v. Meyer, 36 Ark. 96.
1130. Collusive contracts between insurance com- panies; receiver of one cannot sue for damages. Alexander v. Relfe, 9 Mo. App. 133.
Under Mortgage, 841; of Railroad, 1096. Receiving Stolen Goods; see Larceny. Record and Registration.
1131. Recorder's index marred, causing failure of notice. Dodd v. Doty, 98 Ill. 393.
1132. Entry by register without instructions. Brigham v. Brown, 44 Mich. 59.
1133. Name of mortgagee omitted by register in copying; the "entry-book." Sinclair v. Slawson, 44 Mich. 123.
1134. How far deed avoided by non-record. Smith v. Williams, 44 Mich. 240.
1135. Of wife's deed in maiden name; actual notice must be exact. Draude v. Rohrer Co., 9 Mo. App. 249.
Of Attachment, 83; Court records, 444; of Land certificates, 457; Mortgages, 843, 845, 891.
See also, IDEM SONANS; BILL OF SALE. Reference.
1136. Rules established by justices of N. Y. courts; How far void, as inconsistent with Code. Gormerly v. McGlynn, 84 N. Y. 284.
1137. Aetion for account of lunatic's property referable though fraud and conspiracy charged. Harrington v. Bruce, 84, N. Y. 103.
See also, ARBITRATION.
Religious Society; see CHURCH.
Remainder; see DEVISE; TENANT FOR LIFE. Removal of Causes.
1138. When petition is filed in time; "trial" defined. Meyer v. Norton, 9 Fed. Rep. 433.
1139. Local prejudice; removal refused after delay of a year. Metrop. Ins. Co. v. Fletcher, 44 Mich. 144.
1140. Where cause is remanded; Illinois Act. King v. Worthington, 3 Morr. Trans. 101.
1141. Bill to foreclose pledge; original pledgor a non-resident; immediate pledgor not; removal de- nied. Danvers Bank v. Thompson, 130 Mass. 490.
1142. Removal of bill to enjoin creditor from en- forcing judgment; money received by sheriff remains under control of State court. Smith v. Schwed, 9 Fed. Rep. 483.
1143. Bill to compel trustee to apply income to pay cestui's debts; cestui a non-resident; removal into Federal court. Broadway Bank v. Adams, 130 Mass. 431.
1144. Citizenship of railroad company not changed by leasing road in another State. Balt. &0. R. R. v. Koontz, 24 Alb. L. J. 487; 3 Morr. Trans. 34.
1145. Citizenship of railroad chartered in three States. Johnson v. Phil., W. & B. R. R., 24 Alb. L. J. 536.
1146. Waiver of right; jurisdiction wrongly kept by State court. Balt. & 0. R. R. v. Koontz, 3 Morr. Trans. 34.
1147. Testimony after removal of witness disquali- fied by State law. King v. Worthington, 3 Morr. Trans. 101.
Residence; in transitory actions, 373; as to settle- ment, see POOR.
Res Gesta; Declarations, etc., 351; in Libel, 748; in Murder, 943, 952.
Retrospective Laws; as to Corporate Charters, see CORPORATION; Taxation, 1242. Review, bill of.
1152. Practice as to bills of review. Lord Bacon's ordinances. Davis v. Speiden, 24 Alb. L. J. 447. Reward; for Lost Property, 413. Reparian Rights; see WATER; WATERS.
River; see NAVIGABLE WATERS. Robbery.
As to matters relating particularly to Agency, Bills of Sale, Brokers, Carriers, Custom and Usage, Factors, Shipping, Stocks, Stoppage in Transitu, Vendors and Purchasers (Sale of Land), Warehouses, etc., see the proper titles.
As between the Original Parties; Statute of Frauds. 1157. Delivery of broker's note to both parties; contract valid. Newberry v. Wall, 84 N. Y. 576.
1158. Memorandum by vendor only; signature by agent. Wiener v. Whipple, 24 Alb. L. J. 509. 1159. Promise of another to pay for goods bought; statute of frauds. Bugbee v. Kendricken, 130 Mass. 437.
1160. Payment "at the time;" giving of check may be; restating previous oral contract at time of giving check. Hunter v. Wetsell, 84 N. Y. 549.
cution creditor versus vendee; intermingled goods. Franklin v. Gumersell, 9 Mo. App. 84. See also, 1166.
1177. Services to dismantled river steamboat. The Old Natchez, 9 Fed. Rep. 476, 478. See also, 1206.
Savings Bank; see BANKING. School.
1178. School bonds; defective notice of election. Thatcher v. People, 98 Ill. 632.
1179. Vote as to building school-house; notice of election; definiteness; powers of directors; validity of bonds. People v. Sisson, 98 Ill. 335.
1180. Notice of meeting; irregularities in hold- ing election. Holland v. Davies, 36 Ark. 446. 1181. Hiring teachers for graded schools; power of trustees. Tappan v. School District, 44 Mich.
Loan from School fund, 592. Sea; see NAVIGABLE WATERS.
Seal; sealed note by Partner, 1013; under Statute of Frauds, 1050.
1182. By false promise of marriage; illegal sen- tence to jail for fine. Cheaney v. State, 36 Ark. 74. 1183. Crim. con.; where effected by violence; testimony of husband and wife; legitimacy. Egbert v. Greenwalt, 44 Mich. 245.
Connected topics, MARRIAGE; MASTER AND SER- VANT; PARENT AND CHILD.
Sentence; see CRIMINAL LAW, 328, 332. Sequestration.
1184. Process against choses in action. Slade, re, 18 Ch. D. 653.
Service; see ATTACHMENT; WRIT AND PROCESS.
1167. Rescission for fraud; offer to return prop- Services; see LABOR; MASTER AND SERVANT. erty. Smith v. Brittenham, 98 Ill. 188.
1168. Re-sale by vendor; rule of damages. Brown- lee v. Bolton, 44 Mich. 218.
1169. Refusal to take goods; contract-price the rule of damages; tender; selling perishable goods. Hunter v. Wetsell, 84 N. Y. 549.
Where Third Persons are Concerned; Vendor's Lien.
1170. Action against seller by third person hold- ing accepted order on him for delivery. (Cases re- viewed.) Rogers v. Union Stone Co., 130 Mass. 581. 1171. Right of assignee of note given for pur- chase-money to enforce lien. Creanor v. Creanor,
1172. Purchase from fraudulent vendee by third❘ party with knowledge putting on inquiry. Thomas v. Freligh, 9 Mo. App. 151.
1173. Agreement that title to corn sold should not pass till payment; fraudulent transfer by buyer to innocent party. Dows v. Kidder, 84 N. Y. 121.
1174. Sale induced by fraud of vendee; vendor may rescind though attachment has been made by creditor; secret intention not to pay amounts to fraud. Osw. Starch Fac. v. Lendrum (Iowa, Dec. 19, 1881), 10 N. West. Rep. 900.
1175.Vendor's lien passes to assignee; Arkansas Act of 1877 for enforcing; proceeding against sure- ties. Creanor v. Creanor, 36 Ark. 91.
1176. Sale without delivery; Missouri Act; exe-
1185. Demand for unliquidated damages not sub- ject to set-off. Barry v. Cavanaugh, 130 Mass. 436. 1186. No set-off of joint against several debt. Tyrell v. Tyrell, 24 Alb. L. J. 476.
Related topic, COUNTER-CLAIM. Settlement; of Paupers; see POOR. Sewer; see DRAIN. Sheep; see ANIMAL.
Sheriff; CONSTABLE; JAILER.
1187. Negligently permitting escape, held "offi- cial misconduct " in jailer. Hatch v. State, 10 Tex. App. 515.
1188. Action against sheriff; requisites to support; service at sheriff's office; insolvency of debtor no defense. Dunford v. Weaver, 84 N. Y. 445.
1189. Indemnity bond; sureties liable for princi- pal's trespass; participating agents. Peckham v. Lindall Co., 9 Mo. App. 459.
1190. Constable's bond; term extended; Mis- souri Statute. State v. Kurtzeborn, 9 Mo. App. 245.
1191. Informality; sheriff's bond made to county instead of people; approval of supervisors. Bay County v. Brock, 44 Mich. 45.
Power under Justice's warrant, 687.
Connected topics, ARREST; ATTACHMENT; WRIT AND PROCESS.
Shipping and Admiralty; connected topics, AVER- AGE; INSURANCE (Marine); SALVAGE.
1192. What contracts are maritime; liens under State law. The Guiding Star, 9 Fed. Rep. 521.
1193. Three miles not assumed a marine league, though exceptions state such was the understand- ing of jury. Comm. v. Parker, 130 Mass. 40.
1194. Indictment for employing unlicensed engi- neers; averments. United States v. Sims, 9 Fed. Rep. 443.
1195. Penalty for discharge of seamen by mas- ter; Federal Act of 1872. United States v. French (U. S. C. C. East D. Pa.), 12 Rep. 771.
1210. Conditional grant by State; substantial compliance. Kiefer v. Germ. Am. Sem. (Mich.), 24 Alb. L. J. 518.
1211. Action by State to recover back money ob- tained by contractor by fraud; counter-claim of balance due for labor, not proper; stipulation on appeal by attorney general. State v. Dennison, 84 N. Y. 272.
Unclaimed Legacy, 398; Probate judge not State officer, 502; State hospital not Garnishable, 563; public right to Ice, 596; State Insurance depart- ment, 646; Mandamus to compel State officer to refund money, 787; Pilots, 1051.
Related topic, UNITED STATES.
Statute of Frauds.
1212. Must be pleaded. Donaldson v. Newman, 9 Mo. App. 235.
1213. Defense of, not available by demurrer. Futches v. Futches, 24 Alb. L. J. 498.
1214. Partnership in farm lands under oral agree- ment; bill by administratrix against surviving part- ner for accounting. Personette v. Pryme (7 Stew. N. J.), 12 Rep. 791.
Parol transfer of Crop, 344; Execution sale of land previously sold by parol, 465; see also, 463; Contract exceeding 50%. in value, 1050; oral agree- ment by Railroad as to land, 1089; Sale of Goods, 1159; Trusts, 149, 1288; Vendor and Purchaser (Land), 1310.
Statutes; LEGISLATION.
1215. Record of passage in lower house. v. Thornton, 98 Ill. 156.
1216. Contemporaneous amending acts. rington v. H.'s Estate, 24 Alb. L. J. 538. Implied repeal of Criminal Act, 330. Stocks; SHARES.
1217. Assignment by corporation of calls due on stock; draft on stockholder. Bank of Commerce v. Bogy, 9 Mo. App. 335.
1218. Order to broker to buy stocks on margin; usage for broker to assume contract himself, illegal. Comm. v. Cooper, 130 Mass. 285.
1219. Gaming contracts; margins; custom of brokers to compute compound interest not usurious, Hatch v. Douglas (48 Conn.), 12 Rep. 744.
Partnership, ownership of, 1034; of Railroads, see that title; other connected topics, CORPORATION, 226; SUBSCRIPTION, 1224.
1220. Consignment to agent; transfer of title to goods while in transit. Becker v. Hallgarten, 24
Alb. L. J. 475.
On Railroad, 1105.
Street; see HIGHWAY,
Street Railways, 1125.
Subrogation; in Marine Insurance, 648. Subscription.
1221. Action by building committee of cheese factory for unpaid subscription. Carr v. Bartlett (Me.), 12 Rep. 781; 24 Alb. L. J. 450.
1222. Conditional order to book agent; terms printed in order-book varied by agent. Eberts v. Selover, 44 Mich. 519.
1223. Enforcement of subscription by committee of business enterprise. Carr v. Bartlett, 24 Alb. L.
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