Effect of decree in quo warranto proceeding
dissolving a benefit association which was ac-
cepted by the supreme lodge as final. Com
monwealth v. Order of Solon (Pa.) 930.
Where all the capital of a joint-stock associa-

tion is invested in a pipe line necessary in its
business, a sale thereof in exchange for shares
in another corporation is ultra vires.-Carter v.
Producers' & Refiners' Oil Co. (Pa.) 391.

A fund raised by tonnage tax lawfully levied
on members of an oyster association to obtain
money with which to defend members assert-
ing claim to oyster beds by trespass thereon
may be used for that purpose.-Bateman v.
Hollinger (N. J. Ch.) 1107.

Powers of executive committee of a certain
oyster association, under Act May 17, 1894, to
employ funds collected by the association in the
defense of members charged with trespass on
oyster beds claimed by certain other members.
-Bateman v. Hollinger (N. J. Ch.) 1107.

Where the articles of an association provide
for notice of assessment to be published in two
cities, a forfeiture, where notice is published in
only one city, is void. - Morris v. Metalline
Land Co. (Pa.) 240.

ASSUMPSIT.

Assumpsit will lie to recover money paid un-
der a contract which has failed. - Tatro v.
Bailey (Vt.) 685.

Question whether assumpsit lies against a
guardian to recover money paid him on account
of his ward, by whose death the right to such
money becomes vested in the person who paid it.
-Semmig v. Mirrihew (Vt.) 691.

Where an attorney in fact, authorized to sell
his principal's land, sells it for worthless bonds,
his principal may sue him in assumpsit for the
money he should have received on the sale.-
Paul v. Grimm (Pa.) 721.

Assumpsit will lie against a tax collector to
recover excessive fees paid to him.-Benton v.
Goodale (N. H.) 1121.

In a contract under seal, which is fully per-
formed in all respects except a payment of mon-
ey, which there is no covenant to do, the money

An attachment by a nonresident of the assets
of a nonresident insolvent corporation in the
possession of a nonresident receiver of the cor-
poration will be dissolved.-Merchants' Nat.

Bank v. Pennsylvania Steel Co. (N. J. Sup.) 545.

Evidence examined, and held that an attach-
ing creditor had no lien on the insurance mon-
ey of his debtor as against a mortgagee and an
assignee of the policy.-Donnell v. Donnell (Me.)
67.

ATTORNEY AND CLIENT.
Remarks of counsel, see "Trial."

The taking by an attorney of any independ-
ent security to secure payment of his fee waives
his lien, though the security proves unavailable.
Fulton v. Harrington (Del. Err. & App.) 856.

In the absence of a special agreement the
solicitor who conducts an ordinary undefended
than the taxed bill of costs.-Mundy v. Schantz
foreclosure suit cannot charge his client more
(N. J. Ch.) 322.

The chancery court has power by summary
proceedings to compel a solicitor to pay to his cli-
ent money belonging to the latter, and at the
same time to ascertain the amount of compen-
sation due the solicitor.-Mundy v. Schantz (N.
J. Ch.) 322.

Where the voucher states the amount of the
claim, but not on what account contracted, it
is insufficient.-Burk v. Tinsley (Md.) 604.

An attaching creditor, who, before levy, dis-
covers an unrecorded deed from the debtor for
a valuable consideration, has such notice as de-
prives his judgment of priority. Merchants'

-

Bldg. & Loan Ass'n v. Barber (N. J. Ch.) 865.
An application for a writ of certiorari to re-
view attachment proceedings on the ground that
no bond was given must show that the attach-
ment was based on fraud.-Weed v. Lewis (Md.)
610.

Assigned property is subject to attachment
where the trustee has not filed a bond, as re-
quired by Code, art. 16, § 205.-White v. Pitts-
burg Nat. Bank of Commerce (Md.) 567.

Ballots.

See "Elections and Voters."

Bankruptcy.

See "Assignment for Benefit of Creditors"; "In-
solvency."

BANKS AND BANKING.
Evidence examined, and held, that the bank
receiving a check for collection was not negli-
gent in failing to send it to the clearing house
on Saturday, where the bank on which it was
drawn closed on Friday, it having no knowl-
edge that it would resume payment on Satur-
day.-Farmers' & Mechanics' Bank v. Third
Nat. Bank (Pa.) 1008.

It is a question for the jury whether a set-
tlement made by the cashier of a bank with an-
other bank, its clearing-house agent, was with-
in the authority of such cashier, and was rat-
ified by his bank by failure to object thereto
for four years.-Farmers' & Mechanics' Bank
v. Third Nat. Bank (Pa.) 1008.

Where an insolvent at the time of making an
assignment is indebted to a bank which has a
note belonging to him for collection, the bank
can apply the proceeds on the note.-Greene v.
Jackson Bank (R. I.) 963.

Common Carrier.

See "Carriers."

Compensation.

For land condemned, see "Eminent Domain."
Of attorney, see "Attorney and Client."
Of clerk, see "Clerk of Court."

Of register of deeds, see "Register of Deeds."
Of sheriff, see "Sheriffs and Constables."
Of witness, see "Witness."

COMPROMISE.

See, also, "Payment"; "Release and Discharge."
As evidence of damage, see "Damages."

In the absence of fraud or mistake, a com-
promise entered on the justice's docket is bind-
ing on the parties, and cannot be varied by
parol evidence. French Creek Tp. v. Moore
(Pa.) 848.

Condemnation Proceedings.

See "Eminent Domain."

Condition.

In insurance policy, see "Insurance."

Confession.

See "Criminal Law."

CONFLICT OF LAWS.

Legality of devise, see "Conversion."
Validity of marriage, see "Marriage."

Pub. St. Mass. c. 112, § 212, making railroad
companies liable for death by wrongful act,
held to be penal statute, and hence not to sup-
port an action brought in another state.
Adams v. Fitchburg R. Co. (Vt.) 687.

The validity of a marriage is governed by the
lex loci.-Clark v. Clark (N. J. Ch.) 81.

Where a salesman solicits orders which are
filled in another state, the place of the con-
tract is in the other state.-Lynch v. Stott (N.
H.) 420.

Where a resident of one state devises land
situate in another state, the validity of the
devise is determined by the laws of the latter.
Guarantee Trust & Safe-Deposit Co. v. Max-
well (N. J. Ch.) 339.

Consideration.

Of contract, see "Contracts."

CONSPIRACY.

Right of proprietor of a newspaper to an in-
junction to restrain a typographical union from
enforcing a boycott against him.-Barr v. Es-
sex Trades Council (N. J. Ch.) 881.

An indictment which sets out that certain
members of a municipal board conspired to
cheat the city by corruptly purchasing supplies
at excessive prices, and paying salaries to per-
sons who rendered no services, is good.-Mad-
den v. State (N. J. Sup.) 541.

CONSTITUTIONAL LAW.

Waiver of indictment and jury, see "Criminal
Law."

Act Feb. 6, 1830, requiring those peddling
clocks to obtain a license, is not a regulation of
interstate commerce.-Commonwealth v. Har-
mel (Pa.) 1036.

In the execution of a municipal contract for
the introduction of water, the leaving of the
point of connection with the city pipe system to
the mayor is not a delegation of legislative pow-
er.-Brady v. City of Bayonne (N. J. Sup.) 968.

Gen. St. § 2673, requiring a notice of an in-
jury by a defective road to be given within 60
days, in order that suit be brought therefor, is
constitutional when applied to the case of a suit
against a private corporation.-Shalley v. Dan-
bury & B. H. Ry. Co. (Conn.) 135.

Act 1894, c. 113, requiring traders in Balti-
more to take out separate licenses to carry on
business in disconnected buildings is constitu-
tional.-Rohr v. Gray (Md.) 632.

The state legislature may authorize a sale
under execution of national bank stock.-In re
Braden's Estate (Pa.) 746; Appeal of Wood,
Id.

Act April 20, 1874, providing that cities may
increase their indebtedness on the assessed val-
uation, is constitutional. - Bruce v. City of
Pittsburgh (Pa.) 831.

The legislature may abolish or change the
term of an office created by it, and not men-
tioned in the constitution.-Commonwealth v.
Weir (Pa.) 835.

Constitutionality of legislative act taking the
control of city waterworks from the mayor and
council, and placing it under that of a special
board. Coyle v. Gray (Del. Err. & App.) 728.

Insurance laws.

Act April 16, 1891, providing that the insur-
ance commissioners shall prepare a standard
fire insurance policy, is unconstitutional, as a
delegation of legislative power. - O'Neil
American Fire Ins. Co. (Pa.) 943.

proper subject for exercise of the police power
Business of insuring against loss by fire is a
of the state.-Commonwealth v. Vrooman (Pa.)
217.

Act 1870, forbidding any person or association
to issue a policy of insurance unless authorized
to do so by a charter of incorporation, does not
conflict with the provisions of the bill of rights
that all men are born free and independent, and
have inherent rights of acquiring, possessing,
and protecting property and reputation.-Com-
monwealth v. Vrooman (Pa.) 217.

Act 1870, forbidding a person or corporation
to issue a policy of insurance without authority
to do so expressly conferred by a charter of in-
corporation, is not in conflict with Const. U. S
Amend. 14.-Commonwealth v. Vrooman (Pa.)
217.

Local and special laws.

Act April 4, 1873, providing for the appoint-
ment, by a foreign insurance company, of an
agent on whom process may be served, is not
unconstitutional as being special legislation.-
Kennedy v. Agricultural Ins. Co. of Watertown
(Pa.) 724.

Act May 16, 1894, providing for the establish-
ment of wards in cities of first class, is a gen-
eral law.-McLaughlin v. City of Newark (N. J.
Sup.) 543.

Act June 12, 1893, enabling taxpayers to con-
tract for making roads, is not a local or special
act.-In re Lehigh Val. Coal Co. (Pa.) 210.

the first class to fill vacancies in the common
Priv. Laws 1891, p. 475, empowering cities of
council, is unconstitutional as being local legis-
lation.-Parker v. Common Council of City of
Newark (N. J. Sup.) 186.

Taxation.

Const. art. 11, declaring that, by general laws,
churches may be exempted from taxation, does

not refer to special assessments for local im-
provements. In re Broad St. in Sewickley Bor-
ough (Pa.) 1007; Appeal of Methodist Episco-
pal Church, Id.

Imposing a tax on two designated classes of
brokers is not unconstitutional.-City of Pitts-
burgh v. Coyle (Pa.) 452.

St. 1893, c. 146, imposing a tax on collateral
inheritances, is an excise tax, and is constitu-
tional.-State v. Hamlin (Me.) 76.

him, she to see him whenever she desires, is
not against public policy.-Enders v. Enders
(Pa.) 129.

Interpretation.

be an entire contract, preventing action there-
A building contract construed, and held not to
on before completion of the building.-Crawford
v. McKinney (Pa.) 1047.

Binding effect on parties furnishing bricks for
a city contract of agreement between them and
the city that there should be an inspector to
pass on the brick.-Park Fire Clay Co. v. Ott
(Pa.) 1040.

Question whether the act of 1891, taxing cor-
porations, deprives any person of equal protec-
tion of the laws, or provides taxation which is
not uniform.-Commonwealth v. Sharon Coal
Co. (Pa.) 127.

See, also, "Assignment"; "Assignment for Ben-
efit of Creditors"; "Carriers"; "Chattel Mort-
gages"; "Covenants"; "Deed"; "Factors and
Brokers"; "Fraudulent Conveyances"; "In-
surance"; "Landlord and Tenant": "License";
"Marriage"; "Master and Servant"; "Mort-
gages"; "Negotiable Instruments"; "Orders";
"Partnership"; "Pledge"; "Release and Dis-
charge"; "Sale"; "Specific Performance";
"Vendor and Purchaser."

Of counties, see "Counties."
Of infant, see "Infancy."

Of insurance, see "Insurance."

Contractors are not liable for inferior mate-

rial substituted by the subcontractors by an
agreement with the architect. Robinson v.
Baird (Pa.) 1010.

Admissibility, in an action for the contract
price of a pavement, of evidence showing the
trade meaning of a provision that the contractor
should prepare all necessary beds of gravel,
sand, or other material.-McDonough v. Jolly
(Pa.) 1048.

A contract to act as editor, performing serv-
ices such as defendant should direct, allows the
latter to take a portion of the paper from plain-
tiff's control.-Lathrop v. Visitor Printing Co.
(R. I.) 964.

Where the parties to a contract have by their
conduct given a practical construction to the
same, such construction will be adopted by the
courts.-White v. Amsden (Vt.) 972.

Where a contract provides that the city en-
gineer's decision shall be final, one party can-
not seek to avoid it by showing that the engi
neer was negligent.-Bowman v. Stewart (Pa.)
988.

Contract between real-estate agents con-
strued, and held that, one of them having made
a sale of land while it was in force, the other
was entitled to a share of the commissions.--
Loan v. Gillmor (Pa.) 989.

Parol evidence is admissible to show the con-
temporaneous understanding, of the parties to
street," as used therein.-In re Curtis (Conn.)
769.

Of wife, see "Husband and Wife."

Offer to sell a mortgage which was revocable
by the person making the offer after the lapse
of a reasonable time.-Isham v. Therasson (N.
J. Ch.) 969.
Validity.

Want of consideration to support a promise,
by the holder of a mortgage, to assign it to any
one whom the promisee should name, at a cer-
tain sum.-Isham v. Therasson (N. J. Ch.) 969.
A party will be presumed to understand the
import of a paper which he signs after it is
read to him.-Green v. Maloney (Del. Super.)

672.

In order to charge one who can neither read
nor write with liability on a written instru-
ment, it must be shown that the contents of
the paper were fairly read or explained to
him.-Green v. Maloney (Del. Super.) 672.

A written promise to pay the debt of another
is invalid without evidence of consideration out-
side of the promise itself.-Pike v. Van Riper
(N. J. Sup.) 529.

Right to recover payment made under an ille-
gal contract, when the parties are not in pari
delicto.-Taylor v. Hintze (N. J. Sup.) 551.

An agreement by one to pay his daughter $20,-
000 and her son $20,000, if the daughter would
permit the boy to live with and be educated by

Construction of agreement, in view of its
Wording, and the subsequent action of the par-
ties, as binding one who assumed a certain
judgment against the other to pay the entire
amount thereof which remained unpaid.-Krum-
rine v. Grenoble (Pa.) 824.

Contract for service of a mare construed, and
held, that plaintiff was not, under its terms,
compelled to return the mare for service.-Ta-
tro v. Bailey (Vt.) 685.

Where the terms of a verbal contract, which
was admittedly made, are disputed by the con-
tracting parties, and the evidence is evenly bal-
anced, the terms that are most just should pre-
vail.-Smiley v. Gallagher (Pa.) 713.

A contract between a gas company and a
traction, company construed, and held not to re-
quire the gas company to provide labor for fill-
ing an excavation made by the traction com-
pany about the pipes uncovered during this
work.-Philadelphia Co. v. Central Traction Co.
(Pa.) 934.

A contract to ship whatever milk a party may
have, at a certain price per gallon, for a year,
is a severable contract.-Hess v. McLaughlin
(Pa.) 491.

Where there is no ambiguity in a written con-
tract, its construction is for the court.-Wood-
bury Granite Co. v. Mulliken (Vt.) 28.