ePub 版

It is certain that the framers of the

HUMOR OF THE LAW. Eighteenth Amendment must have had in mind Article VI when they enacted Amendment "I want to be excused,” said a worried-lookEighteen.

ing juryman addressing the judge. “I owe a

man $10, and, as he is leaving for a post abroad, The second section of the Eighteenth Amend

to be gone some years, I want to catch him bement reads:

fore he gets on board, and pay the $10. It may "The Congress and the several States shall

be my last chance." have concurrent power to enforce this article

. “You are excused," returned His Honor in iey by appropriate legislation."

tones. “I don't want anybody on the jury who

can lie like that." The word "power" detined in the Standard Dictionary, among other things as "authority

Col. Robert H. Thompson of Jackson, Miss, conferred by law to act for himself.” “Power is

who is a sedate, dignified lawyer of recognized the most general term of those group of words

standing, had a new office boy who about every including every quality, property, or faculty by

week wanted a day off. While black, this boy which any change, effect or result is or may be

claimed Irish extraction, and his brogue bore produced; as the power of the Legislature to

out his contention. enact laws, etc.

"Sorr, I'd like to get off Saturday." If I am correct, the opinion of the United

"What's the matter this time? Your grandStates District Court here referred to adds only

| mother hasn't died again, surely," asked the to the obscurity of the Eighteenth Amendment.

Colonel. Nothing short of a decision of the Supreme

"No, sorr; it's loike this, sorr. Oi've a brothCourt of the United States can evolve con

er who was born blind, sorr, and he's just got sistency between the Eighteenth Amendment his sight and wants to see me, sorr."-Lawyer and the rights of the individual sovereign states

and Banker. of this Union, if that Amendment should be held to be valid.

When Theodore Roosevelt was President a Respectfully,

man visited him who had a request to make. FREDERICK G. BROMBERG. In his arms he carried a bundle of letters of Mobile, Ala.

introduction. He stated his request and closed his argument with these words:

"Mr. President, I am sure that if you do this for me you will please the people of my state.

In fact, I could have brought with me a thouBOOKS RECEIVED.

sand letters more asking you to do it."

"Oh, pshaw," was Roosevelt's blunt reply. "I

could get a thousand people in your state to A Treatise on the Law of Inheritance Taxa

sign a petition to have you hanged." tion. With Practice and Forms. Second Edition. By Lafayette B. Gleason, Attorney for

An unmarried mother had obtained an order State Comptroller for New York City; and

of court in one of the Southern states against Alexander Otis, of the New York City Bar (Spe.

a well-to-do business man for the payment of cialist in Inheritance Taxation). Albany and

certain monies monthly on account of the sup New York City, Matthew Bender & Company.

port of her child, the order providing that he 1919. Price, $10.00. Review will follow.

should make this "involuntary donation" until the child became of the age of 14 years. When that day occurred the daughter called for the

usual stipend. As it was handed her the genThe Soldier-Lawyer Directory. February, 1 tleman remarked: “Take this to your mother, 1920. A list of names of soldier-lawyers, ar-| Bertha, and tell her I am no longer your faranged alphabetically, by states and cities, for ther." the United States and Canada, with Honor Roll As the girl turned the money over to her of those who lost their lives in service. Com- i mother she repeated what her “father" had piled and edited by R. W. Shackleford, G. B. said. . Zewadski and J. W. Cone, Tampa, Fla. Price, “Well," said the mother, "you go back and $4.25. The Soldier-Lawyer Directory Com-| tell the gentleman that he never was."--Lawyer pany, 420 American Bank Bldg., Tampa, Fla. I and Banker.


Weekly Digest of Important Opinions of the

State Courts of Last Resort and of the Federal Courts.

Copy of Opinion in any case referred to in this digest may be procured by sending 25 cents to us or to the West Pub. Co., St. Paul, Minn.

1, 66




Arizona ...

...............9, 10, 18, 28, 51, 53, 58 California..

..36, 43, 86 Connecticut...

-46, 47, Floria e

..........6, 76 Georgia..

...............7, 31, 65, 71, 80 Illinois...

.........., 4, 5, 44, 48, 70, 92 Iowa.......

...35, 59, 89 Kansas ...

.14, 83 Kentucky Louisiana Maryland

50 Missouri....16, 20, 26, 34, 41, 42, 49, 54, 61, 62,

73, 74, 75, 78, 82, 88, 91, 94. New Jersey..

...21, 25, 60 North Carolina..

15. 72. 90 Ohio Oklahoma. ......

7, 27, 29 Oregon......

84, 87 Pennsylvania ...

12, 67 South Carolina.

13, 45 Texas......

..........8, 11, 22, 56, 57, 77, 79, 81, 85 U. S. 0. C. App....

30, 37 United States D, C...

..3, 32 Virginia.......

...............23, 24, 38, 52 Washington...

.-40, 68, 93


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1. Attorney and Client - Collusion. The courts will protect an attorney against a collusive settlement of the litigation in fraud of his lien.-Millsap v. Sparks, Ariz., 188 Pac. 135.

2. Bankruptcy-Concealment. The deposit by bankrupts of money in bank in their own name cannot be considered a transfer or concealment to hinder, delay, or defraud creditors, which will bar discharge under Bankruptcy Act.

14b (4), Comp. St. $ 9598.-In re Oliner, U. S. C. C. A., 262 Fed. 734.

3.- False Pretenses.The giving by a bankrupt of a mortgage on property which he did not own, to secure a note for money borrowed, held not an obtaining of the money upon a materially false statement in writing which bars discharge, under Bankruptcy Act, § 14b (3), Comp. St. $ 9598; the debt being one which, under section 17a (2), Comp. St. $ 9601, is not released by a discharge.-In re Hudson, U. S. D. C., 262 Fed. 778.

4.- Stockholders.-Officers and stockholders of bankrupt corporation required to replace capital and assets fraudulently withdrawn not entitled to be restored to status quo.--Johnson V. Canfield-Swigart Co., Ill., 126 N. E. 608.

5. Banks and Banking - Garnishment. Trustee of insolvent bank in other state takes title to funds in Illinois subject to remedy of garnishment.-Illinois Trust & Savings Bank v. Northern Bank & Trust Co., Ill., 126 N. E. 533.

6. Bills and Notes-Renewal. A renewal note given for purchase price of land does not change the character of the original debt, and is neither a payment of the old debt nor the creation of a new indebtedness, unless the parties have expressly agreed to that effect.-Cheves v. First Nat. Bank of Gainesville, Fla., 83 So. 870.

7.---Threat of Extortion. In suit on note, detense that plaintiff's attorney threatened court proceedings to hold up defendant's property and to extort money or a note which defendant did not owe, and to offset plaintiff's indebtedness lo defer.dant on a sale of cattle, whereupon he gave the note in uit, which was without consideration, and alleging duress and asking judgment against plaintiff, was properly stricken, Miller v. C. M. Keys Commission Co., Ga., 102 S. E. 555.

8. Boundaries-Survey. – Ordinarily, where land is sold with reference to a survey made at the time. the survey determines the true boundary and marks the limits of the land io be conveyed.-Swann V. Mills, Tex., 219 S. W. 850.

9. Brokers-Dual Agency.-A real estate broker cannot represent both parties to a real estate transaction without their knowledge or consent, and if he attempts to do so he forfeits all right to any compensation from either.Murphy v. Willis, Ark., 219 S. W. 776.

10.--Exclusive Agency.-Where it was not agreed that a broker's agency for the sale of property should be continued for a definite time, or that it should be an exclusive agency, the. owner had the right to make the sale himself. without incurring liability for the commission. -Gammell v. Cox, Ark., 219 S. W. 745.

11.---Revocation - The authority of an agent to sell land, who had no interest therein, but merely an interest in earning his compensation, was revocable, though the owner had agreed the agency should continue for a fixed period.-Morgan v. Harper, Tex., 219 S. W. 888.

12. Cancellation of Instruments — Equity.Fraud, of which forgery is a glaring example, is one of the principal grounds of equity jurisdiction, and as a general rule equity may decree the cancellation of a written instrument found to be a forgery.--In re Fleming's Estate, Pa., 109 Atl. 265.

13. Carriers of Goods-Act of God.If a carrier accepts goods for shipment with full knowledge floods and washouts on its line and the lines of connecting carriers, it should notify the shipper of the same, or stipulate against the consequences, and if it fails to do so it should not be heard to offer as an excuse that delay in shipment was caused by an act of God.Gray v. Seaboard Air Line Ry. Co., S. C., 102 S. E. 512.

14.- Draft with Bill of Lading -Where a consignor drew draft on consignee in favor of consignor's home bank and surrendered to it the bill of lading and received credit on his checking account, and consignee paid draft and received the bill of lading and possession of goods and claimed a defect in quality or quantity, he could not garnishee shipper's interest in proceeds in correspondent bank, which belonged to the bank extending credit, whether it had been checked against or not. - Lampi v. Hawkins, Kansas, 188 Pac. 233.

15.- Initial Carrier.-When one carrier pays the charges of a preceding carrier, it is subrogated to the rights of such carrier, and may demand the entire charges, its own and the first carrier's, before surrendering the shipment. Hammer Lumber Co. v. Seaboard Air Line Ry., N. C., 102 S. E. 508.

16.- Perishable Freight.-A carrier is not an insurer of perishable freight, if the damage is caused by it perishing, but is an insurer in all other respects, just as if it were not perishable, as where it is injured in a wreck or fire, or

from any other cause not the act of God or the | public enemy.-Singer v. American Express Co., Mo., 219 S. W, 662.

17.- Special Contract.-A special contract between a carrier and a shipper in consideration of a lower freight rate, providing that for loss or damage the carrier's liability should not exceed a maximum valuation, is not a contract attempting to exempt carrier from liability on account of its own negligence, and, if reasonable and just and fairly entered into by shipper will be upheld.-Lusk v. Durant Nursery Co., Okla., 188 Pac. 104.

18. Carriers of Live Stock-Care Taker.-Live stock shipper, permitted by carrier to ride with stock in stock car, was a passenger.-Beasley V. Hines, Ark., 219 S. W. 757.

19.- Twenty-Eight Hour Law.-The receipt of live stock by a railroad company, whose line connected with one over which the stock was being shipped, but formed no part of the through route, and the transporting of such stock with

due diligence to a reasonably convenient stock its directors, who were also soie stockholders. yard for unloading for feed, water, and rest, -Geisenberger & Friedler v. Robert York Co., held not a violation of the Twenty-Eight Hour C. S. C. C. A., 262 Fed. 739. Law Comp. St. $ 8651), although the stock

31.- Insolvency -The directors of an insolwas confined longer than the time limited.-U. S. V. Cleveland, C., C. & St. L. Ry. Co., Ohio,

vent corporation occupy toward the creditors of

the corporation a fiduciary relation, in that the 262 Fed. 775.

properties of the corporation constitute a fund 20. Carriers of Passengers – Alighting. - for the payment of the corporation's debts, which Alighting from a slowly moving street cari

fund the directors are charged with managing not negligence as a matter of law. Sivicek V. to the best interest of the creditors.-Beach v Dunham, Mo., 219 S. · W. 594.

Williamson, Fla., 83 So. 860.

32. CourtsAncillary Jurisdiction.—A federal 21.--Negligence.-The fact that the driver

court without ancillary jurisdiction of an acof a jitney bus operating as a common carrier

tion at law on a judgment of a court of another permitted a passenger to ride on the step, which

district against the surety on the bond of 2 was a place of danger does not disprove that

contractor given under Act Feb. 24, 1905 (Comp. it was negligence per se for plaintiff to ride there, unless the bus was crowded.--Karnitsky

St. § 6923), and in favor of a subcotractor,

where the real parties are citizens of the same V. Machanic, N. J., 109 Atl. 303.

state and the amourt involved is iess than $3,22. Cemeteries-Dedication.--A cemetery does 000.-U. S. v. Pedarre, U. S. D. C., 262 Fed. 839. not lose its character as such because further in

33. Criminal Law Confessicn.-Where, in & terments in it have ceased or become impossible, prosecution for murder, it is shown that the de but remains subject to the use so long as the fendant, without inducement by promise, threat, bodies remain buried, or until they are moved

or duress, made a confession, such confession is by public authority, friends, or relatives.-Bark

none the less admissible in evidence because er v. Hazel-Fain Oil Co., Texas, 219 S. W. 874. made while defendant was in the custody 01

23. Chattel Mortgages-Subject of.- Property the arresting police.-State V. Balley, La., & bought for the express purpose of daily indis So. 854. criminate sale to the general public, exposed for

34.---Instructions.--The statute requiring the such sale at the place of business of a licensed

court in a criminal case to instruct on all ques. dealer, and over which the dealer is permitted

tions of law has no application to misdemeano to exercise the dominion of an owner, cannot

cases. --State V. Magruder, Mo., 219 S. W. 701. be made the subject of a valid chattel mort. gage, though, as in the case of an auiomobile,

35. Presumption of Honesty.-In view of

presumption that all men are honest and innoit is of considerable size and value, and capable of identification.-Boice V. Finance & Guaranty

cent, mere suspicion will not support a contie

tion: but where facts and circumsiances are Corporation, Va., 102 S. E. 591.

relied upon the evidence must be sufficient to 24. Contracts--Autenuptial Contract. — Ante

negative and be inconsistent with every other nuptial contract between father and mother of

rational hypothesis, except that of guilt. - State illegitimate child, whereby mother agreed to ac

v. Vandewater, Iowa, 176 N. W. 883. cept small weekly payments in full of her claims

36.- Recent Possession.-Statement of disagainst the father's estate., having been actualiy

trict attorney that defendant produced no 111made in contemplation of an inmediate separation and desertion of the mother by the father,

ness to account for his possession of the stolen held illegal and void, and unenforceable against

car was not a violation of his right to hava

no comment on his failure to testify in his own either party --Cumming v. Cumming, Va., 102 S.

behalf.—People v. Miller, Cal., 188 Pac. 52. E. 572. 25. Entirety.Where an employe, paid by

37.- Wrongful Intent. The presumption of

wrongful intent of a defendant based upon the the piece, under an agreement to work for a

natural result of his words or acts, is not conspecified term, struck, but was induced to re

clusive, but rebuttable, and this rebutting evi. main until the end of the week on employer's

dence may take the form of testiinony by de promise to pay for the work done, the agree

fendant that he intended no such results.-Benment, though entire, was several in perform

tall v. C. S., U. S. C. C. A., 262 Fed. 741. ance, and employe could sue at once on employer's breach of its promise to pay.-England 38. Damages-Quantum of Proof - Where the er v. Abramson- Kaplan Co., N. J., 109 Atl. 307.

existence of a loss is established, absolute cer26.--Mutuality.--Though a contract for the

tainty in proving its quantum is not required. sale of coal was not binding while executory be

Chesapeake & Potomac Telephone Co. of Vir cause of want of mutuality of ODligation, it

ginia v. Carless, Va., 102 S. E. 569. served to fix the prices which the buyer was

39. Deeds--Description of Property.-If papbound to pay for coal actually delivered. White ties to a conveyance knew the particular tract Oak Coal Co, v. Ed E. Squier Co., Mo., 219 S. W. by a name which they had adopted for it, the 693.

deed to the property by such name was a good 27.- Mutuality. One of the essential ele.

description.--Merchant V. Marshfield Realty & ments of a contract is that there must be mu

Trading Co., Ore., 188 Pac. 174. tuality of agreement; that both of the contract

40. Divorce - Cruel Treatment. - Cold and ing parties must assent to its terms.-Hart studied indifference toward a wife and failure Parr Co. v. Brockreide, Okla., 188 Pac. 113.

to talk to her or to accompany her anywhere, 28. Corporations Charter Powers.-Corpora

and the spending of evenings with his friends tions can only exercise such power as may be

and companions, was cruel treatment entitling

the wife conferred by the legislative bodies creating

to a divorce -Kreplin V. Kreplin, them, either by express terms or by necessary

Wash., 188 Pac. 14. implication.--North American Union V. Johnson. 41. Equity-Definition. The office and defini. Ark., 219 S. W. 769.

tion of "equity is the correction of that where29.- Contract with Officer.-The rule that a

in the law, by reason of its universality, is de

ficient.Kansas City, to Use of Missouri Pac. R. contract between a director and the corporation is voidable at instance of the latter or of its

Co. v. Southern Surety Co., Mo., 219 S. W. 727. stockholders is not applicable where all inter 42. Evidence-Judicial Notice. - The courts ested in corporation, its officers, direcrors and will take judicial notice that the purchasing stockholders, have knowledge of such a contract power of money has greatly decreased in the and consent to it, and where the property ac. | past 10 years.-Hurst V. Chicago, B. & Q. R. quired thereunder by corporation is used for its Co., MIo., 219 . IV. 566. benefit.- McKee V. Interstate Oil & Gas Co., 43. Frand -- Damages. --- To recover damages Okla., 188 Pac. 109.

for misrepresentations inducing a contract, the 30.- Directors.-A mortgage on property of representations need not have been the sole a corporation, made to two of its directors. even cause of the contract, but must have been of though voidable by the corporation, held valid | such nature, weight, and force that without as against a corporation succeeding to itsas- them the contract would not have been made.sets, which assumed it by unanimous vote of A Craig v. Shea, Cal., 188 Pac. 73.

44. Punitive Damages.-Exemplary damages 56. Libel and Slander-Privileged Communirecoverable for wanton, fraudulent representa cation.-Where a member of Liberty Loan comtions.-Laughlin v. Hopkinson, lil., 126 N. E. mittee, during the war with Germany, while 591.

soliciting subscriptions to bonds, distributed cir

culars, prepared by the county council of de45. Fraudulent Conveyances - Bulk Sales

fense, and claimed to contain a libelous stateLaw. It is unnecessary to decide whether the

nient concerning plaintiff, who had refused to words "stock of merchandise," in Bulk Sales Law,

subscribe, his acts, claimed to be done in disinclude the store fixtures, sold along with the

charge of a public duty, were privileged in a merchandise, where both parties to the trans

limited sense. -McBroom y. Weir, Texas, 219 S. action have considered the price to be paid for

W. $55. both as a single fund applicable to payment of the claims of all the seller's creditors and the 57.- Qualified Privilege, - "Qualified privigreater part of it has been so applied. National

lege" comprehends all bona fide communications City Bank v. Huey & Martin Drug Co., S. C., upon any subject matter in which the author 102 S. E. 516.

has an interest or a duty to perform to another

having a corresponding duty.--Taber v. Aransas 46. Gifts-Intent. A gift requires two things:

Harbor Terminal Ry.,, Texas, 219 S. W. 860. a delivery of the possession of the property to donee, and an intent that the title thereto shall 58. Limitations of Actions Demand Vote.pass immediately to him.-Fox v. Shaniey, Demand paper is due immediately and the Conn., 109 Atl. 249.

statute of limitations begins to run from 47 Highways-Abutting Owner.-One owning

date of the instrument.--McCollum v. Neimeyer,

Ark., 219 S. W. 746. land abutting on highway, there being nothing to the contrary appearing, is to be regarded as

59.- New Promise-After a debt is barred the owner of the soil to the middle of the high by the statute of limitations, a new oral promway, and enjoys over that strip the full privi ise to pay it cannot revive the original cause leges of ownership, provided his acts do not in

of action, nor constitute a new cause of action, tt rfere with the easement of passage of the

if there was no consideration therefor.-Mortenpublic.Wadsworth V. Town of Middletown. son v. Knudson, Iowa, 176 N. W. 892. Conn., 109 Atl. 246.

60.--Note and Mortgage.-The running of

limitations against an action on a note secured 48. Homicide - Responsibility for Crime.

by a chattel mortgage does not exiinguish the Ability to govern conduct in accordance with

obligation created by the riote or the covenant choice a necessary element of responsibility in cases of paranoia.--People v. Lowhone, 11., 126

| in the chattel mortgage to pay the debt.-LemN. E. 620.

| beck & Betz Eagle Brewing Co. v. Krause, N.

J., 109 Atl. 293. 49. Husband and Wife-Invitee.-ir a mar

61.. Malicious Prosecution-Advice of Counsel, ried woman invited plaintiff on premises where

-That defendant acted on advice of the counher husband kept a vicious dog, or if plaintiff

sel does not relieve him from liability for mawas there for a lawful purpose without invita

licious prosecution unless he made a full, fair, tion, and such married woman in the absence

and truthful disclosure to counsel and acted in of her husband, permitted the dog to run loose

good faith on the advice, so that, where plainon the premises unguarded, knowing that per

tiff denied making an admission which defendsons were likely to come lawfully on the prem

ant stated to counsel he did make the jury ises, her negligence in so doing concurred with

could find that the advice of counsel was no the negligence of her hushand in keeping the

defense.-Webb v. Byrd, Mo., 219 S. W. 683. dog. rendering her liable for an injury inflicted by the dog.-Carrow v. Haney, Mo., 219 S. W.

62. Master and Servant-Assumption of Risk. 710.

The servant never assumes a risk growing out

of the master's negligence, however plain or ob50. Injunction-Anticipated Injury.-While a

vious: the only risk he does assume being that Court of equity under some conditions may

remaining after the master has exercised ordigrant injunction to prevent an anticipated in

nary care.--Kuhn v. Lusk, Mo., 219 S. W. 638. jury, it will not do so, unless it can be satisfied

63.- Consideration.-A contract by defendfrom all the circumstances of the case as to the

ant lumber company to give plaintiff employ illegality of the acts complained of, and that

ment in a sawmill, if suits by plaintife, his irreparable injury will result.- City of Salls

wife, and stepdaughter against company's docbury v. Camden Sewer Co., Md., 109 Atl. 333.

tor and bookkeeper for slander and failure to 51.---Trespass.--The chancery court had jur

rendier professional services were dismissed, isdiction of the subject matter of restraining

ich suits were said to be disturbing the comtrespasses on plaintiff's lands if the pleadings

pany's business, is not supported by a sufficient raised the issue that defendant trespasser was

consideration.-Rasnick v. W. M. Ritter Lumber insolvent.-Gray V. Malone, Ark., 219 S. W. 742.

Co., Ky., 219 S. W. 801. 52. Insurance — Forfeiture. As insurance

64.- Express Contract.-A complaint allegcontracts are prepared by the insurer, conditions

ing that, at the request of defendant. plaintiff therein intended to cause a forfeiture are con

performed services for the sum of $60 per strued most strongly against the company.

month and her board, the reasonable value there. Standard Accident Ins. Co, v. Walker, Va., 102

of, which sum and board defendant agreed to S. E. 585.

furnish and pay, states a cause of action for the 53.- Fraternal Association. The constitu reasonable value of the services, permitting tion and by-laws of a mutual benefit fraternal proof of such value, and is not founded upon an society form the basis of, and constitute part express contract.-Miller v. Howard, Ore., 188 of, the contract of insurance, which measures Pac. 160. the obligations of the members and the liability

65. Mechanies' Lien, - Priority. -- A subseof the association or governing body. -Sover

muent purchaser of property, with actual notice eign Camp. Wood men of the World V. Newson

of a contractor's lien, takes subject thereto, SO Ark., 219 S. W. 759.

that the lien is properly recorded and the fore54. ---Knowledge of Agent.---Knowledge by Closure proceeding properly brought against originsurer's agent that insured did not keep the inal owner, and the subsequent purchaser is not iron safe required by a clause of the policy is a necessary party thereto. Oglethorpe Savings knowledge of the company, and if it delivered & Trust Co. v. Morgan, Ga., 102 S. E. 528. the policies after the agent had such knowledge

66. Mines and Minerals--Equitable Mortgage. it waived the forfeiture for violation of the

An instrument containing an agreement to clause--Rosenthal-Sloan Millinery Co. v. Han

pay money when certain mining claims and over Fire Ins. Co., Mo., 219 S. W. 669.

mill sites were sold out of the first money 55. Landlord and Tenant-Oral Lease. If an received from the sale, and providing that a arnual rental is reserved by an oral lease, the special lien was thereby created on the proplaw will imply a tenancy from year to year, erty to secure the payment of the obligation, even though the oral lease is for an indefinlie created an equitable mortgage.-Stephen v. Pattime.-Noll v. Moran, Conn., 109 Atl. 241.

terson, Ariz., 188 Pac. 131.

67.— Sub-Surface. - Where the mineral estate has been separated from the surface, the former must support the latter as a commonlaw burden, from which it cannot be relieved except by apt words or necessary implication. -Lenox Coal Co. v. Duncan-Spangler Coal Co.. Pa., 109 Atl. 282.

68.- Valid Location-The general rule is that, where a person has held and worked a location and mining claim for a period to the time prescribed by the statute of limitations for mining claims of the state where it is situated, he has a right equivalent to that of a valid location. -Newport Mining Co. v. Bead Lake Gold-Copper Mining Co., Wash., 188 Pac. 27.

69. Mortgagen-Defined.-A condition indispensable to holding a deed to be a mortgage is that there shall have been a debt to secure, or some liability against which the grantee is to be guarded.-Carson v. Lee, Mo., 219 S. W. 629.

70. Municipal Corporations-Ordinances.-Ordinances interfering with use of property must be for public good and reasonable.-McCray v. City of Chicago, Ill., 126 N. E. 557.

71. Negligence-Inevitable Accident.Where the facts shown are such as might reasonably support the inference that the accident might have resulted from a mere casualty, or fro acts of others than defendant, or from defendant, or from joint conduct of plaintiff and defendant, no presumption arises that it was OCcasioned by negligence charged against defendant.-- Atlanta Coca-Cola Bottling Co. v. Danneman, Ga., 102 S. E. 542.

72.- Invitee.-One sent to install a machine on the purchaser's premises is an invitee to whom the owner owes the duty of keeping the premises covered by the invitation in a reasonably safe condition.-Ellington v. Ricks, N. C., 102 S. E. 510.

73.- Ordinary Care.-"Ordinary care" is such care as would ordinarily be exercised by an ordinarily careful person under the same or similar circumstances. - Jackson V. Southwestern Bell Telephone Co., Mo., S. W. 655.

74.---Res Ipsa Loquitur.-A petition, pleading specific negligence, excludes reliance on the doctrine of res ipsa loquitur. Byers V. Essex Inv. Co., Mo., 19 S. W. 570.

75. Partnership - Holding Out. --- One who holds himself out as a partner, though in fact he may not be, is liable to a creditor who knew of such holding out and acted on the assumption and belief that he was a partner in extending credit.-Drake Hardware Co. v. Brags, Mo., S. W. 717.

76. Perjury-Former Acquittal.-An acquittal on an indictment charging larceny of an

tomobile is not a bar to a subsequent conviction for perjury committed by defendant as a witness on his own behalf on the former trial by swearing falsely that he had not seen and did not have such automobile in his possession.

Yarbrough v. State, Fla., 83 So. 873.

erty on account of defects, the latter transaction is a complete rescission of the former contract, so that the note for the original property becomes void. Evans v. Lott. Ga., 102 S. E. 556.

81. Telegraphs and Telephones – Interstate Message-An interstate telegraph company may limit its liability in damages for negligence of its servants in transmitting unrepeated interstate messages involving different rates.-Western Union Telegraph Co. v. McDavid. Tex., 219 S. W. 853.

82. Trusts—Personal Liability.-One holding property himself and refused to recognize plainally liable on a contract to pay a commission to a broker for effecting a sale thereof.-Breid v. Mintrup, Mo., 219 S. W. 703.

83. - -Statute of Frauds, Where plaintil verbally agreed with defendant that they would purchase property jointly or in partnership, and defendant with intent to defraud bought the property. himself and refused to recognize pia:ntiff's right therein, no purchase from either of any real estate or interest therein was involved, so that statute of frauds did not apply.-Goodrich v. Wilson, Kans., 188 Pac. 225

84. Vendor and Purchaser-ConsiderationWhere a conveyance of land is made in consideration of future support of a third person, no vendor's lien arises.-Murphy V. Whetstone, Ore., 188 Pac. 191.

85.- Option Contract. -Time is of the essence of an option contract to purchase property, especially where the property is fiuctuating in value, and equity will not reileve against & threatened forfeiture for failure to exercise the option within the time specified. Weiss V. Claborn, Texas, 219 S. W. 884.

86. Waters and Water Courses - Beneficiai Use. One actually diverting water under & claim of appropriation for a useful or beneficial purpose cannot by such diversion acquire any right to divert more water than is reasonably necessary for such use or purpose.-Stinson Canal & Irrigation Co. v. Lemoore Canal & Irrigation Co., Cal., 188 Pac. 77.

87. Wills-Burden of Proof.-Contestants have burden of showing by a preponderance of the evidence their allegations of fraud and undue influence, which induced testatrix to make the will as she did.-Rice v. Rice. Ore., 188 Pac. 181.

88. Collateral Attack. A probated will is not subject to collateral attack and vests fun title to the realty in the devisees named therein. -Simpson v. Lehmann, Mo., 219 S. W. 608.

89.- Domicile.-Will may be probated in a state other than that in which testator 18 domiciled, but such probate is strictly a proceeding in rem, affecting only the property within such state, with no extraterritorial force, and does not entitle will to admission in the state of the domicile under the statutes, or under the good-faith and credit clause of the Constitution. In re Longshore's Will, Iowa, 176 N. W.902.

90.- General Legacy.-A gift of "every species of personal property I may possess at my death not named in my will is a general legacy -In re Wiggins' Will, N. C., 102 S. E. 499.

91.- Intention. In construing a will the first and foremost rule is that it shall be so construed as to give effect to the intention of the testator, and such rule of construction is emphasized by Rev. St. 1909, 98 583 and 2569.-Gibson v. Gibson, Mo., 219 S. W. 561.

92.- Joint Will.-Joint will not revocable without notice.--Buehrle v. Buehrle, Ill., 126 N. E. 539.

77. Principal and Agent-Revocation. - Authority of an agent, when revocable, may be revoked by a solemn instrument under seal, by a public and formal announcement or proclamation, or by a simple and private declaration. Morgan v. Harper, Texas, 219 S. W. 888.

78. Principal and Surety - Revocation.-Unless the terms of a continuing guaranty forbid it. the law writes into it a power on the part of the guarantor to revoke it.-Gimbel Bros. v. Mitchell, Mo., 219 S. W, 676.

79. Sales-Misrepresentation - The value of 1 legal work being largely dependent on its early completion and delivery, an oral representation by an agent of the seller that the work was already in plate and ready for the press a representation of an existing material fact.-American Law Book Co. v. Fulwiler, Texas, 219 S. W. 881.

80.- Rescission.-Where one sells personally under an express warranty, and receives a note. reciting it to be a purchase-money note, and the seller thereafter accepts a return of the prop

93.- Testamentary Capacity.-Where testator knows and comprehends the transaction in which he is engaged, and the nature and extent of the property comprising his estate, and recollects the objects of his bounty, the disposition he makes of his estate will not be interfered with on any ground of testamentary incapacity. --In re Rutherford's Estate, Wash., 188 Pac. 27.

94.- Undue Influence-In a will contest involving questions of undue influence and testamientary capacity, a previous will of the testatrix was admissible. --Yant v. Charles, Mo., 219 S. W. 572.

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