was obtained by the agent but was not turned over to the plaintiff. The plaintiff brought this action to have the mortgage canceled on the ground of mistake and fraud.

This was an

13. Lewis v. Jewell, 151 Mass. 345; 24 N. E. Rep. 52.· action based on fraudulent representations alleged to have been made by the defendant in selling carpet. The carpet was represented to contain 900 yards, whereas it contained only 595 yards. The carpet at the time of the sale covered four floors, a hall, and a stairway in a dwelling house. The yardage of the carpet was an element in fixing its value.

14. Moore v. Appleton, 26 Ala. 633. — Plaintiff brought an action to be reimbursed for damages which he had been obliged to pay because of certain acts performed by him as agent for the defendant in dispossessing a third party of lands claimed by the defendant, and which plaintiff had reason to believe belonged to defendant. Is the plaintiff entitled to recover, and if so, on what ground?

15. Walker v. Osgood, 98 Mass. 348. This was an action by a real estate agent for commissions. Defendant had employed plaintiff to sell or trade his farm and the agent effected an exchange and made an agreement with the third party that he was to receive from him a commission. Should the plaintiff be allowed to recover his commissions from the defendant? What would be his rights against the third party?

ever.

The defendant

16. New York Tel. Co. v. Barnes, 85 N. Y. Supp. 327. made Purdy the general manager of his drug store. An agreement provided that Purdy should buy goods for the store only for cash and that he should not run up any account for any goods or supplies of any kind whatPurdy made a contract with the plaintiff for telephone service. The telephone company sued the defendant on this contract made by Purdy. 17. Power v. First National Bank, 6 Mont. 251; 12 Pac. Rep. 597. This action was brought to recover the amount of a bill of exchange which had been deposited by the plaintiff with the defendant bank for collection. The defendant, in the usual course of business, sent the bill of exchange to its correspondent. The correspondent collected the draft but negligently failed to remit the proceeds and it subsequently went into the hands of a receiver.

18. Gaynor v. Jonas, 104 App. Div. (N. Y.) 35. The plaintiff made a contract with the defendant whereby the defendant agreed to employ the plaintiff for three months at $16 a week. After one month the plaintiff was discharged because she had been sick and away from business for one and one half days. She sued for her salary for the balance of the employment period, less what she had actually earned during that time.

19. In Haynes v. Aldrich, 133 N. Y. 287, defendant leased certain premises for a year, the term expiring May 1. Before the expiration of the term, defendant informed plaintiff that she did not wish to renew her lease for another year. May I was a holiday, and possession was retained until May 4, the excuse being the difficulty to get trucks to move defendant, also that on the third of May one of the boarders was ill. On the afternoon of the fourth of May the keys were tendered plaintiff and refused. Under these circumstances what are the landlord's rights?

20. Kitsen v. Hildebrand, 9 B. Monroe (Ky.) 72. In this case the defendant, Hildebrand, kept a boarding house and occasionally entertained transients. The plaintiff was a regular boarder. The plaintiff's trunk was broken into and a large sum of money stolen. This action was brought to hold Hildebrand liable as an innkeeper.

21. Pullman Palace Car Co. v. Smith, 73 Ill. 360. Smith purchased a ticket on the Palace Car Company's car. While he was asleep on his trip, his money was taken from his vest pocket. This action was brought against the company as innkeepers.

Defendant was an innkeeper,

22. Rockwell v. Proctor, 39 Ga. 105. and plaintiff went to his hotel and, while there, gave his coat to a negro who was in charge of the check room. The coat was lost and this action was brought to recover its value.

Plaintiff was a

23. Dexter v. Syracuse Railroad Co., 42 N. Y. 326. passenger on the defendant road, and his trunk was lost while being transported by said road. The trunk contained, besides his wearing apparel, material for two dresses for his wife, and for a dress for the landlady. This action was brought to recover for the entire contents of the trunk.

24. Russel v. Langstaffe, 2 Doug. (Eng.) 514.-Langstaffe indorsed his name upon the back of certain checks, blank as to amount, date, and time of payment. The checks were filled in by Galley, the person to whom Langstaffe gave them, with amounts, dates, and time of payment different from those authorized, and were negotiated to Russel, a holder in due course. Langstaffe refused to pay on the ground that the instruments had been improperly filled out.

25. Shaw v. Smith, 150 Mass. 166. - Eugene Bridgeman made an instrument in writing July 19, 1873, which read as follows: "For value received, I promise to pay F. B. Bridgeman's estate or order $126 on demand with interest annually." F. B. Bridgeman died and the plaintiff in this case was appointed administrator of his estate. This action was brought to recover on the instrument as a negotiable note. Does the instrument contain all the essentials required to make it negotiable?

26. Mathews & Co. v. Mattress Co., 87 Iowa, 246. This action was brought on a promissory note against the Dubuque Mattress Company and John Kapp. The note read, "We promise to pay," and was signed, "Dubuque Mattress Company, John Kapp, Pt." It was shown that the "Pt." was an abbreviation used for president. Was Kapp personally liable on this instrument?

27. Simpson v. Turney, 5 Humph (Tenn.) 419. A certain bank was the holder of a promissory note payable at said bank, made by James H. Jenkins and Anthony Debrell, and indorsed as follows: "A. Debrell, S. Turney, John W. Simpson." Turney lived within one mile of the bank. The note matured on February 1st and was protested on that day. On February 3d notice was sent to Turney from the bank. Simpson, the next indorser after Turney, had been notified of the failure of the maker to pay the note but gave no notice to Turney, the prior indorser. Simpson, after paying the note, brought action against Turney to recover the amount paid.

28. Spalding v. Rosa, 71 N. Y. 40; 27 Am. Rep. 7.— Rosa had made a contract with Spalding, who was the proprietor of a theater, to furnish the "Wachtel Opera Troupe" for a certain number of performances. Wachtel, from whom the company took its name, was well known and was the chief attraction and inducement for Spalding to make the contract. Wachtel became ill and could not sing; because of this Rosa did not carry out the contract. Spalding sued for damages for the alleged breach of contract.

29. Labaree Co. v. Crossman, 100 App. Div. (N. Y.) 499.- The defendant sold a certain cargo of coffee to the plaintiff to be delivered in New York at a certain time. Because the cargo came from an infected port, the Board of Health at New York refused to allow it to be landed. The plaintiff sued for damages for nondelivery.

30. Equitable Gas Light Co. v. Baltimore Coal Tar & Mfg. Co., 63 Md. 285. The defendant agreed to sell to the plaintiff all the coal tar manufactured by it during a certain period. The defendant refused to carry out the agreement and the plaintiff filed a bill for specific performance. It was proved on the trial that coal tar was indispensable to the plaintiff's business, that the plaintiff could not obtain the supply from any other parties in Baltimore, and that it would be subjected to great additional expense in trying to get the coal tar from distant cities.

The plain

31. Hammer v. Schoenfelder, 47 Wis. 455; 2 N. W. 1129. tiff, who was a butcher, had a contract with the defendant, whereby the defendant was to furnish him with whatever ice he might require for his icebox for the season. The defendant had supplied the plaintiff with ice the previous season and knew for what purpose the plaintiff needed the ice. In

July the defendant stopped supplying ice and refused to continue the contract. As a result the plaintiff lost a considerable quantity of fresh meat and suit was brought for the value of the meat spoiled. What damages was the plaintiff entitled to?

32. Clark v. Marsiglia, 1 Denio (N. Y.) 317. - This was an action for work, labor, and material. The defendant had given to the plaintiff a number of paintings to be cleaned and repaired at a certain specified price. After the plaintiff had started the work, the defendant directed him to stop, · but the plaintiff insisted on going on and over the defendant's objection finished the job, and then brought action to recover for the whole.

33. Terry v. Wheeler, 25 N. Y. 520. The plaintiff's assignor had paid the defendant for a quantity of lumber which was in the defendant's lumberyard. The lumber had been selected, set aside, and paid for; and the bill of sale had been given. On the bill of sale there was indorsed a memorandum that the lumber was "to be delivered to the cars free of charge." Before being delivered to the railroad station, the lumber was destroyed by fire. The plaintiff sued for the return of the price.

34. Garr Stock Co. v. Halverson, 128 Iowa 603; 105 N. W. Rep. 108. In this case the salesman, in selling a second-hand machine, stated that it was practically as good as new, that it would steam well, and that it was of sufficient power to drive the defendant's threshing machine. The engine turned out to be defective and did not work well. When sued for the price, the defendant set up breach of warranty.

35. Draper v. Wood, 112 Mass. 315. A promissory note was made by George A. Wood and H. S Higgins and read, "For value received, I promise to pay L. L. Draper, or order, $1000 on demand, with interest." Higgins refused to pay the instrument on the ground that Wood, without Higgins's knowledge, changed "I" to "We" and added the words, "at 12%." It was proved that Wood made the changes in good faith but without consulting Higgins. Draper brings this action against both Wood and Higgins.

36. Richardson v. Carpenter, 46 N. Y. 660. - The instrument in this case was in part as follows: "Please pay A or order $500 for value received out of the proceeds of the claim against the Peabody Estate now in your hands for collection when the same shall have been collected by you." Was this a negotiable instrument? Why?

37. West River Bank v. Taylor, 34 N. Y. 128. This case involved a bill of exchange containing a number of indorsements. When the bill was dishonored, notice was sent to the last indorser, who in turn sent notice to the preceding indorser, and so on down the line. Ultimately the holder sued the first indorser who defended on the ground that he did not receive

notice of dishonor from the holder, although of course he had received notice from his indorsee.

38. Huber v. Manchester Fire Assurance Co., 92 Hun (N. Y.), 223. The plaintiff insured the furniture in her house for $1500. The policy contained a provision that the entire policy should be void if the building described was or became vacant or unoccupied and so remained for ten days. On the 24th of August, the plaintiff went away on a visit, intending to be away five or six weeks. Before she left, she arranged to have the house papered and painted, and a friend of hers went to the house frequently to see how things were. The house and furniture burned on September 18th, and the plaintiff brought suit on her policy.

39. Paul v. Armenia Insurance Co., 91 Pa. State 520. - Plaintiff took out insurance with the defendant company, and in the application blank which he filled out one of the questions was, "What is the distance, occupation, and material of all buildings within 150 feet?" Paul made no answer to this question and the company issued the policy without insisting upon the answer. This action was brought to recover on the policy.

40. Babcock v. Montgomery Insurance Co., 6 Barb. (N. Y.) 637. Plaintiff had his property insured under a policy which provided that the insurer would be liable for "fire by lightning." It was proved that lightning struck the building and so shattered it as to cause a heavy loss. No ignition occurred. This action was brought to recover on the policy.

41. Cushman v. Life Insurance Co., 63 N. Y. 404. The insurance policy in this case states that the representations made by the insured in his application were made a part of the contract, and provided that if they were untrue the policy would be void. The applicant stated that he had never been afflicted with a certain disease. It was shown that he had twice been ill with this disease before the policy was issued. What effect did this statement have upon the policy?

42. Day v. Elmore, 4 Wis. 190. Basset gave his promissory note to Day, and Elmore signed a guaranty reading as follows: "I guarantee the collection of the within note for value received." The note was not paid by Bassett at maturity and Day took no proceeding to collect it for over two years thereafter. When he did proceed against Bassett, he could recover nothing and brought suit on the guaranty.

43. Sibley v. Stull, 15 N. J. Law 332. - Hood made his bond to Stull in the sum of $1100 for a good consideration. Stull assigned the bond to Sibley and for consideration guaranteed the payment of all sums to become due on the bond, when they became due, and for the payment thereof by the maker of the bond. Hood did not pay, and Sibley sued Stull on his guaranty with