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APPLIANCES.

is postponed until notices of workmen and materialmen have been satisfied.-Donnelly v.

Liability of employer for defects, see "Master Johnes (N. J. Ch.) 180. and Servant," § 3.

APPOINTMENT.

Of assignee in insolvency, see "Insolvency," § 1. Of executor or administrator, see "Executors and Administrators," § 1.

Of officers in general, see "Officers."

APPROPRIATION.

Of water rights in general, see "Waters and Water Courses," § 3.

ARBITRATION AND AWARD.

See "Reference."

ARGUMENT OF COUNSEL. See "Trial," § 3.

ARMY AND NAVY.

Pub. Laws 1887, c. 33, providing that, on death of discharged destitute soldier, burial expenses shall be paid by city and refunded by state, does not require that such burial shall be authorized by municipal officers.-Rackliff v. Inhabitants of Greenbush (Me.) 375.

Under Pub. Laws 1887, c. 33, providing that, on death of discharged destitute soldier, burial expenses shall be paid by city and refunded by state, held that, upon refusal of city officers to pay such expenses, they may be recovered in action of assumpsit.-Rackliff v. Inhabitants of Greenbush (Me.) 375.

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Transfers of particular species of property, rights, or instruments, see "Judgment," § 7; "Mechanics' Liens," § 4; "Mortgages," § 5. corporate shares, see "Corporations," § 4.

8 1. Requisites and validity.

ASSIGNMENTS FOR BENEFIT OF CREDITORS.

and

§ 1. Appointment, qualification, tenure of assignee or trustee. Whether an assignment be considered as under Rev. Laws, c. 94, or under the common law, it is invalid if the assignee is a creditor of the assignor, unless the other creditors assent thereto.-Farrar v. Powell (Vt.) 344.

§ 2. Administration of assigned estate. An assignee has power to surrender a lease, belonging to the assets, which is a burden to the estate.-New Hampshire Trust Co. v. Taggart (N. H.) 751.

Sale by assignee of land charged by deed with maintenance of grantors held not to discharge lien.-Bonebrake v. Summers (Pa.) 330.

Assignee for creditors paying balance of price on land for which assignor has a contract, and selling land at a loss, must account for difference. In re Brown's Estate (Pa.) 443; Appeal of Green, Id.

longer than necessary for finishing unfinished An assignee for creditors continuing business manufactured goods held liable for resulting loss. -In re Brown's Estate (Pa.) 443; Appeal of Green, Id.

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ASSOCIATIONS.

See "Beneficial Associations"; "Building and
Loan Associations."
Mutual benefit insurance associations, see "In-
surance," § 10.

A camp-meeting association organized under Special Act Feb. 19, 1873, held, after laying out its grounds into cottage lots and leasing the same, not authorized for revenue purposes to impose a license on persons visiting occupants of cottages to obtain orders for family supplies.Northport Wesleyan Grove Camp-Meeting Ass'n v. Perkins (Me.) 893.

ASSUMPSIT, ACTION OF.

Where board is supplied in expectation that defendant would marry plaintiff, and without expectation of other remuneration, action to recover for board will not lie, though defendant would not marry her.-Clary v. Clary (Me.) 921.

Plaintiff cannot recover for defendant's board, where she did not expect compensation in money. -Clary v. Clary (Me.) 921.

ASSUMPTION.

Of risk by employé, see "Master and Servant," § 5.

ATTACHMENT.

See "Execution"; "Garnishment."

If contractor marks bill for materials "ap- § 1. Nature and grounds. proved," signing his name, it is not an assign- Evidence held not to support allegations of atment of the contract price to pay such bill.-tachment that transfer of property was made Flaherty v. Atlantic Lumber Co. (N. J. Ch.) with intent to defraud creditors.-Kipp v. Sal186. yer (N. J. Sup.) 843.

§ 2. Operation and effect.

Equitable assignments by contractor operate in order of their presentation, but their payment

2. Property subject to attachment. Where creditors who took debtor's land and assumed mortgages, and who took chattels to

secure themselves and hold the balance for oth- | er creditors, permitted a friend to get the

BAGGAGE.

mortgage and foreclose it, held to be a sale of Of passenger, see "Carriers," § 4.
the equity, to be applied to debt.-Bowker Fer-
tilizing Co. v. Spaulding (Me.) 371.

§ 3. Levy, lien, and custody and dis-
position of property.
Delivery of goods under attachment by officer
held a sufficient consideration for contract of a
receiptor to be responsible for the debt and dam-
ages.-Savage v. Robinson (Me.) 926.

Attachment may be defeated by assignment in insolvency made by debtor within statutory period after such attachment.-Whittredge v. Maxam (N. H.) 491.

§ 4. Proceedings to support or enforce. Creditor having valid property attachment is entitled to judgment in rem against property, though debtor may be discharged by insolvency proceedings. Whittredge v. Maxam (N. H.)

491. § 5.

Quashing, vacating, dissolution, or abandonment.

If formal service of summons on defendant instead of copy of writ is defective, it is not substantial defect, and hence affords no basis for motion to quash writ.-Coughlin v. Angell (N. H.) 525.

Writ may, in discretion of court, be quashed on motion for defective service.-Coughlin v. Angell (N. H.) 525.

$ 6. Return.

Act 1878, as amended by Act 1879, repeals Act 1869, providing that an attachment may be made returnable on the first return day after it issues.-Slingluff v. Sisler (Pa.) 423.

§ 7. Liabilities on bonds or undertakings.

Receiptor of attached property may, in defense of action upon receipt, show that property has gone to one having better title.-Whittredge v. Maxam (N. H.) 491.

Receiptor of attached property is not liable after he has delivered property to assignee in insolvency, taking it under assignment which dissolved attachment.-Whittredge v. Maxam (N. H.) 491.

ATTORNEY AND CLIENT. Attorneys in fact, see "Principal and Agent." § 1. The office of attorney.

Appearance of a deputy judge as counsel for plaintiff held not ground for reversal.-French v. Town of Waterbury (Conn.) 740.

Right of attorney, on dismissal, to have a fund on which he has a lien paid into court, pending determination of his compensation, determined.-Hudson Trust & Savings Inst. v. Carr-Curran Paper Mills (N. J. Ch.) 638.

A client has an absolute right to change his solicitor, but he cannot, in so doing, deprive him of any lien he may have for his compensation. Hudson Trust & Savings Inst. v. Carr-Curran Paper Mills (N. J. Ch.) 638.

That one has an attorney's lien on money in his hands does not free him from liability to account to his client therefor.-McCracken v. Harned (N. J. Ch.) 959.

See "Pledges."

BAILMENT.

BALLOTS.

See "Elections," § 2.

BANKS AND BANKING.

1. Banking corporations and associations. Decisions of Kansas courts that relation between a corporation's creditors and its stockholders is contractual held not binding in an action in New Hampshire on cause of action arising in Kansas under Kansas statutes.-Crippen v. Laighton (N. H.) 538.

Right given by statute to sue a stockholder for debts of a bank held local, and not transitory. -Crippen v. Laighton (N. H.) 538.

Right to sue a stockholder for the debts of a banking corporation given by Kansas statutes held not enforceable in New Hampshire.-Crippen v. Laighton (N. H.) 538.

§ 2. Functions and dealings.

Return to depositor of his check with forged indorsement and balanced pass book puts on him only the duty of exercising reasonable care in examining the vouchers and the account.-Mechanics' Nat. Bank v. Harter (N. J. Err. & App.) 715.

Where a bank makes payment on a forged check, or on a genuine check with name of indorser forged, it cannot charge amount against depositor, unless some negligence of the latter is shown, or estoppel.-Mechanics' Nat. Bank v. Harter (N. J. Err. & App.) 715.

Under the evidence, a bank held not authorized to charge a check paid by it on a forged indorsement against the account of the depositor.-Mechanics' Nat. Bank v. Harter (N. J. Err. & App.) 715.

Evidence in an action by a depositor to recover sums alleged to have been paid out by the bank on forged checks held to authorize the direction of a verdict for defendant.-Myers v.

Southwestern Nat. Bank (Pa.) 280.

Where checks, payable to an administrator as such, were indorsed by him in that capacity, and deposited to his individual account, on the amount being afterwards checked out and appropriated by him, the bank is not liable to the estate.Safe-Deposit & Trust Co. v. Diamond Nat. Bank (Pa.) 1064.

§ 3. National banks.

A mortgage of realty securing a loan by a national bank held valid between the parties.Myers v. Campbell (N. J. Sup.) 863.

§ 4. Savings banks.

By-laws of savings bank construed, and held that, under them, payment to a stranger, who ity of depositor, did not discharge the bank.presented the book without knowledge or authorCosgrove v. Provident Inst. for Savings (N. J. Sup.) 936.

ment," § 5.

BAR.

There having been no general partnership between the parties, but merely an arrangement Of action by former adjudication, see "Judgthat one should receive and retain the fees from civil cases and the other those from criminal business, and this having been done, there is no occasion for an accounting.-Fitzsimmons v. Robb (Pa.) 558.

AUTHORITY.

Of agent, see "Principal and Agent," & 2.

BENEFICIAL ASSOCIATIONS.

Mutual benefit insurance associations, see "Insurance," § 10.

Under a benefit certificate providing for payment of a balance as provided by a member's

will. such balance held payable to the member's) executor in absence of disposition by will. Shepard v. Provident Mut. Relief Ass'n (N. H.) 530.

The executive council of a beneficial society held unauthorized to suspend a subordinate branch, without trial, on notice, and an opportunity to be heard.-St. Patrick's Alliance v. Byrne (N. J. Ch.) 716.

Where, after dissolution of society and appointment of receiver, claims against society were rejected at instance of attorney for members, his fee should be paid by his clients, and not from the general fund.-Commonwealth v. Order of Solon (Pa.) 327; Appeal of Todd, Id. Provision in certificate of membership that assignment shall render it void held not to affect assignment after dissolution of society.-Commonwealth v. Order of Solon (Pa.) 327; Appeal of Todd, Id.

A judgment allowing a beneficiary in a certificate fraudulently procured by a member, on a surrender of one payable to his wife, an amount to reimburse him for assessments paid, and the balance to the wife, held proper.-Fodell v. Miller (Pa.) 919.

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A note the sole consideration of which is the maker's fear of a criminal prosecution of her husband held void.-Davis v. Smith (N. H.) 384. There being sufficient consideration for note as between payee and maker, it is immaterial whether consideration moves between payee and surety.-New York Life Ins. Co. v. McKellar (N. H.) 516.

Where plaintiffs returned for indorsement drafts which were sent them in payment of a policy of insurance, they cannot afterwards recover on the drafts instead of the policy.-John Morrell & Co. v. New England Fire Ins. Co. (Vt.) 358.

§ 2. Rights and liabilities on indorsement or transfer.

A creditor accepting from his debtor a negotiable check given by a third person, and giving the debtor credit therefor in good faith, becomes a bona fide holder for value of such check, and may recover thereon against the drawer, although the check was given the debtor as an accommodation.-Rutland Provision Co. v. Hall (Vt.) 94.

3. Presentment, demand, notice, and protest.

Member of firm which is an accommodation indorser may, for it, waive notice of dishonor.Schwartz v. Wilmer (Md.) 1059.

Waiver of protest by subsequent promise of indorser held insufficient, without showing that he knew of the failure to protest.-Schwartz v. Wilmer (Md.) 1059.

Writing the words "Protest waived" on a note before indorsement is a material alteration.-Schwartz v. Wilmer (Md.) 1059.

Note held Massachusetts contract entitling indorsers to notice, within Pub. St. Mass. c. 77, § 15.-New York Life Ins. Co. v. McKellar (N. H.) 516.

Indorsers held not accommodation makers depriving them of their right to notice.-New York Life Ins. Co. v. McKellar (N. H.) 516.

Notice of protest of note does not have to be received by an indorser to make him liable. It is enough that it was sent to him.-Cook v. Forker (Pa.) 560.

§ 4. Actions.

Evidence held to justify finding that a maker was negligent in signing a note, though it was procured by fraud.-Woodward v. Bixby (N. H.) 298.

Amount of property owned by the maker held immaterial in an action on a note.-Woodward v. Bixby (N. H.) 298.

Action by indorsee on note payable to M. H., and indorsed: "M. H. J. H." "Waiving demand and notice. M. H. J. H.,"-can be maintained against both indorsers, it not appearing that they are not jointly liable.-Benton v. Hopkins (N. H.) 391.

Act March 23, 1881, held not to apply where mortgage securing bond has been terminated before suit on bond.-Seigman v. Streeter (N. J. Sup.) 888.

bond secured by mortgage to foreclose the latAct March 23, 1881, requiring party holding ter before suing on the former, does not apply where mortgage has terminated before suit on bond.-Seigman v. Streeter (N. J. Sup.) 888.

The payee cannot recover on a judgment note in the possession of the maker, without explanation as to how it got there.-Helzer v. Helzer (Pa.) 281.

In an action on a lost note, a paper offered by defendant as the note in suit held properly admitted, though altered by a cancellation of the signature.-Helzer v. Helzer (Pa.) 281.

In an action on a note in the possession of maker, evidence held not to justify a finding that it was wrongfully taken by the maker.Helzer v. Helzer (Pa.) 281.

BOARDS OF HEALTH.

Where, at execution of a note by a partnership, the partners indorse it individually, they become joint makers.-Thompson v. Young (Md.) See "Health," § 2.

1037.

Accommodation party held liable to a bona fide purchaser, whether he knew him to be an

BONA FIDE PURCHASERS.

accommodation party or not.-Schwartz v. Wil- Of land, see "Vendor and Purchaser," § 3. mer (Md.) 1059.

Under law prior to negotiable instrument act, material alteration of note would prevent recov

.BONDS.

ery by one not a party to the alteration.- Bonds in legal proceedings, see "Appeal and Schwartz v. Wilmer (Md.) 1059.

Error," § 5.

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Definite monuments referred to in a deed control the location of land conveyed.-Bartlett v. La Rochelle (N. H.) 302.

Instruction authorizing jury in locating land by deed, under which defendant claims, to disregard monuments and locate land by distances, held erroneous.-Pringle v. Rogers (Pa.) 275.

In determining boundaries of land conveyed by deed, description must govern, and not indefinite expressions as to size of tract.-Sowles v. Butler (Vt.) 355.

BREACH.

held for the jury.-Longstreth v. Korb (N. J. Sup.) 934.

Letter written by owner of real estate to agent held sufficient authority in writing to maintain recovery for commissions on sale by such agent.Longstreth v. Korb (N. J. Sup.) 934.

Owner, agreeing to convey land to broker as consideration for procuring sale of other land, cannot escape liability to him by rescinding sale procured by him.-Stamets v. Deniston (Pa.) 575.

BUILDING AND LOAN ASSOCIATIONS. The claims of withdrawing stockholders of insolvent building and loan association, for payment of shares withdrawn by them, are subordinate to the claims of general creditors of the association.-Cook v. Emmet Perpetual & Mutual Bldg. Ass'n (Md.) 1022; McEnaney v. Same, Id.

Shareholder held not limited to dividends declared, but entitled to full value of dues paid in, as payments on loan, after insolvency of association, where it was agreed that his stock should mature at a specified time.-Sullivan v. Ferryall (N. H.) 109.

In suit by director of building and loan association against association for injunction, and to determine withdrawal value of shares, held, premiums bid for loans should be apportioned over entire period of loan.-Letourneau v. Berlin Building & Loan Ass'n (N. H.) 532.

Where assets of insolvent association include mortgages in different states, in which ancillary receivers have been appointed, such mortgages should be delivered to ancillary receivers.-Bank Com'rs v. Granite State Provident Ass'n (N. H.)

Of condition, see "Insurance," § 6.
Of contract, see "Contracts," § 5; "Vendor and 605.
Purchaser," § 2.

BRIDGES.

§ 1. Regulation and use for travel.

1 Gen. St. p. 307, making chosen freeholders of county responsible for damages through neglect to rebuild or repair bridge, held to apply where vessel is damaged by running against the draw of the bridge spanning a navigable river. -Mattlage v. Board of Chosen Freeholders of Hudson County (N. J. Err. & App.) 756.

Where a draw over a navigable river could not be opened because the heat had expanded the rails of the trolley company upon it, and plaintiff's vessel was consequently injured, the question whether defendant chosen freeholders are guilty of negligence, or plaintiff of contributory negligence, was for the jury.-Mattlage v. Board of Chosen Freeholders of Hudson County (N. J. Err. & App.) 756.

Where mortgages taken by insolvent association have been transferred to third parties, interest afterwards paid to it is trust fund, which must be paid in full by its assignee to holders of mortgages.-Bank Com'rs v. Granite State Provident Ass'n (N. H.) 605.

Insolvency of association terminates its contracts with borrowing members, but its affairs must be settled equitably as to creditors and between members themselves.-Bank Com'rs v. Granite State Provident Ass'n (N. H.) 605.

Assignee of insolvent association can collect of borrowing members only amounts actually advanced to them and interest at 6 per cent.Bank Com'rs v. Granite State Provident Ass'n (N. H.) 605.

BURDEN OF PROOF.

In criminal prosecutions, see "Criminal Law," $ 3.

BURIAL.

Where bridge spanning navigable river is between two counties, the boards of chosen freeholders of both counties are jointly liable for failure to repair.-Mattlage v. Board of Chosen. Freeholders of Hudson County (N. J. Err. & See "Dead Bodies." App.) 756.

BROKERS.

1. Compensation and lien. Where vendor accepts purchaser and contracts with him, his solvency will be presumed in absence of proof.-Parker v. Estabrooke (N. H.) 484.

Evidence in action by real-estate broker for commission held to sustain verdict for plaintiff.Parker v. Estabrooke (N. H.) 484.

To entitle real-estate broker to commission, he must procure purchaser able and willing to purchase on terms proposed.-Parker v. Estabrooke (N. H.) 484.

Question whether a letter was ever written to broker authorizing sale of realty, and whether the agent was instrumental in making the sale,

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2. Proceedings and relief. Grantors in a conveyance of land by a husband and wife, who reconveyed to the husband, are necessary parties in a bill by the wife to set aside both deeds as fraudulent.-Fairchild v. Fairchild (N. J. Ch.) 944.

Evidence held insufficient to establish that a

deed valid on its face was executed by duress. -Fairchild v. Fairchild (N. J. Ch.) 944.

To justify setting aside deed on ground of no consideration, evidence must be clear and convincing.-Monticelli v. Friedman (Pa.) 562. CARRIERS.

§ 1. Carriage of goods.

Railroad's liability as a common carrier is terminated by the expiration of a reasonable time after notice of arrival of goods.--Welch v. Concord R. R. (N. H.) 304.

Gen. Laws, c. 162, §§ 8, 9, rendering railroads liable for property destroyed by fire along right of way, do not apply to property in the railroad's warehouse, awaiting delivery.-Welch v. Concord R. R. (N. H.) 304.

Remedy of consignee of goods destroyed by fire in common carrier's warehouse is an action on the case, and not assumpsit.-Welch v. Concord R. R. (N. H.) 304.

Refusal by a railroad company to deliver goods to the owner after they had been attached as the property of another held not a conversion, where the company disclaimed dominion over them.Hett v. Boston & M. R. R. (N. H.) 910.

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Question of negligence, where passenger was injured in street car because trolley of car jumped its wire, held for the jury.-Schenkel v. Pittsburgh & B. Traction Co. (Pa.) 1072. § 4. — Passengers' effects.

A railroad's custom to allow passengers to carry packages of merchandise into the cars must be so general, certain, uniform, and notorious that knowledge and acquiescence therein may be presumed.-Runyan v. Central R. Co. (N. J. Sup.) 985.

The fact that passengers are allowed by a railroad company's servants to carry articles of merchandise into its cars as a mere matter of indulgence held not proof of usage binding on the carrier.-Runyan v. Central R. Co. (N. J. Sup.)

985.

A habit of a particular passenger to carry packages into a railroad's passenger cars will not constitute a usage, binding on the carrier, to allow passengers to carry packages.-Runyan v. Central R. Co. (N. J. Sup.) 985.

See "Animals."

CATTLE.

CAUSE OF ACTION.

Where a carrier's agent had reasonable doubts as to whether a charge on goods was lawful, and as to whether railroad company would insist on payment, his refusal to deliver them to owner before receiving instructions held not a conversion.-Hett v. Boston & M. R. R. (N. H.) 910. § 2. Carriage of passengers - Relation between carrier and passenger. Employé of railroad company, after his day's See "Action." work was done, took gratuitous passage on freight train from place of work to point near his home, and while so riding received injuries resulting in his death. Held, he was not a passenger.-Ionnone v. New York, N. H. & H. R. Co. (R. I.) 592.

§ 3. Personal injuries.

Evidence held to justify finding of negligence in starting a street car before plaintiff had got on board.-Post v. Hartford St. Ry. Co. (Conn.)

547.

Evidence held sufficient to go to the jury to show injury to passenger caused by negligence of the company.-Baltimore City Pass. Ry. Co. v. Baer (Md.) 992.

Where a captain of a boat, on being apprised that a fight was about to take place between two persons, did all in his power to stop the same, the carrier is not liable for injuries to a third person resulting therefrom. - Tall v. Baltimore Steam-Packet Co. (Md.) 1007.

Where the captain of a boat has knowledge that gambling is going on between passengers, and the game results in a quarrel and fight, in which an innocent third party is injured, evidence that the rules of the boat prohibited gambling is inadmissible. - Tall v. Baltimore Steam-Packet Co. (Md.) 1007.

Where plaintiff, injured while alighting from a street car, testified to facts from which a jury might infer that she was in the exercise of due care, the denial of a nonsuit was proper. -Hutchins v. Macomber (N. H.) 602.

It is not negligence per se for passenger to leave his seat to go to another part of a car.Burr v. Pennsylvania R. Co. (N. J. Sup.) 845.

A passenger passing to another part of a car held bound to use such care as a prudent per

CERTIFICATE.

Of corporate stock, see "Corporations," § 4. Of record for purpose of review, see "Appeal and Error," & 7.

CERTIORARI.

§ 1. Nature and grounds.

Where the trial court had jurisdiction, and acted within the limits of such jurisdiction, a writ of certiorari should be quashed.-Lancaster v. State (Md.) 1039.

Certiorari is the proper method of testing legality of ordinance providing for payment of an official salary.-Christie v. City of Bayonne (N. J. Sup.) 887.

§ 2. Proceedings and determination.

On certiorari to review decision refusing to quash attachment, the review will be confined to errors of law.-McAdam v. Block (N. J. Sup.) 208.

Where defense in action for slander appealed to the common pleas is that communication is privileged, with a condition that the communication must have been bona fide, a mixed question of law and fact is presented, which will not be reviewed. Rogers v. Kershaw (N. J. Sup.) 844..

Whenever the proceedings of the district court are reviewed on certiorari, its record is the primary source of information as to those proceedings; and, if it be alleged that the statements facts, then a rule must be taken on the court to of the record are not warranted by the actual certify what those facts were, and only when the court is unable to respond to such rule can the testimony of witnesses be invoked.-Genuario v. De Gaudenzio (N. J. Sup.) 950.

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