2.

Bankruptcy-Preference.-Intent of transferror is immaterial in determining preference. -Richardson v. Germania Bank of City of New York, U. S. C. C. A., 263 Fed. 320.

3. Preference.-Filing affidavit of renewal of chattel mortgage not preferential "transfer of property."-In re Dagwell, U. S. D. C., 263 Fed. 406.

4. Trust.-Where one for whom property is held in trust becomes a bankrupt, his entire interest in the trust estate passes to the trustee in bankruptcy, and such ownership draws with it the right of possession, in so far as such interest is capable of possession.-Ury v. Van Every, Cal., 188 Pac. 985.

5. Unpaid Stock.-Suit by trustee necessary for recovery on unpaid stock of bankrupt corporation.-Bergdoll v. Harrigan, U. S. C. C. A., 263 Fed. 279.

own order to a bank to which it had been indorsed, it could not recover the amount as paid under a mistake of fact, as the drawee is bound to know the drawer's signature, and the fact that the acting quartermaster's indorsement of the draft was also forged did not change the rule.-U. S. v. Chase Nat. Bank, U. S. S. C., 40 Sup. Ct. 361.

7. Holder for Value.-Transfer as collateral makes indorsee bona fide holder for value.Ackers v. Frazier, Tex., 220 S. W. 426.

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8. Production.-Plaintiff suing on a note was required to produce note if it was in her possession.-Caswell v. Ross, Wyo., 188 Pac. 977. 9. Stipulation.-Where note and mortgage were delivered at the same time in order to obtain a loan, a person signing the note alone, with full knowledge of and consent to the entire transaction, will not be permitted to say that he did not become bound by a stipulation in the mortgage granting the mortgagee the option to accelerate the payment of the note.Union Bank & Trust Co. v. Himmelbauer, Mont., 188 Pac. 940.

10. Taking Up Note.-Where a bank examiner required a bank to dispose of a note of a coal company, which defendant had signed, and the officers of the bank thereupon took up the note, held that where the note was still unpaid, defendant was liable to the officers who took up instrument.-Maple-Gallia Coal Co. V. Thomas, Pa., 109 Atl. 602.

the

11. Breach of Marriage Promise-Mitigating Damages.-Belief in dishonesty of betrothed does not mitigate damages.-Vogt v. Guidry, Tex., 220 S. W. 343.

12.

Void Promise.-Promise in consideration of intimacy before marriage is void.Rich v. Fulton, Neb., 177 N. W. 175. 13. Bridges Negligence. Negligence but slightly contributing to collision injuring bridge will not bar recovery by city.-City of Baraboo v. Excelsior Creamery Co., Wis., 177 N. W. 36. 14. Brokers-Implication.—Authority to sell not extended by implication to include land not described. Spanogle v. Maple Grove Land & Live Stock Co., Neb., 177 N. W. 164.

15. Carriers of Goods-Negligence. - Where defendant carrier, receiving shipment billed for station the name of which had been changed because of similarity to name of another station, sent the shipment to the wrong station, where it remained for two weeks, it was guilty of an act of negligence independent of that of the carrier from whom it received goods, and was liable in damages for delay.-Gatlin v. Norfolk-Southern R. Co., N. C., 102 S. E. 779.

16. Carriers of Passengers-Lurching of Car. -Injury to a passenger, by lurching of railway train on which she was riding when rounding a curve, raises no presumption of negligence by the carrier, since the accident was not connected with means of transportation, and the burden of proving negligence is on the passenger.Delaney v. Buffalo, R. & P. Ry. Co., Pa., 109 Atl. 605.

17.- -Premature Start.-If plaintiff was injured, as claimed by him, by the premature starting of a train while he was in the act of boarding it on the proper side, he could re

cover. Chitwood v. Philadelphia & R. Ry. Co., Pa., 109 Atl. 645.

18.

Charities--Assignment.-Where trust was created in favor of a particular sanatorium association, which was to receive income under certain conditions, by declaration of trust not authorizing sanatorium association to assign its interest in the trust fund, the association's interest in trust fund was not assignable to state, to whom the association transferred the sanatorium.-Bancroft v. Maine Sanatorium Ass'n, Me., 109 Atl. 585.

19. Commerce Employe.-A railroad's watchman at a public road crossed by track used for both intra and interstate commerce was not engaged in interstate commerce when killed flagging an intrastate train, the nature of employment being determined by work at immediate time of accident, and being interstate within federal Employers' Liability Act of 1908 (U. S. Comp. St. §§ 8657-8665) only if practically a part of such commerce, or having a direct application to both intra and interstate commerce.— Di Donato v. Philadelphia & R. Ry. Co., Pa., 109 Atl. 627.

20. Installation of Sprinkler System.-Contract for installation of sprinkler system by foreign corporation not "interstate commerce," but "local business."-U. S. Const. Co. v. Hamilton Nat. Bank of Ft. Wayne, Ind., 126 N. E. 866.

21. Intercourse.-"Commerce" is not traffic alone, but is intercourse between nations and parts of nations in all its branches.-Blumenstock Bros. Advertising Agency v. Curtis Pub. Co., U. S. S. C., 40 Sup. Ct. 385.

22. Foreign Corporation.-Prescribing the conditions on which foreign corporations may do business in the state have no application to interstate commerce.-W. T. Rawleigh Co. V. Van Duyn, Idaho, 188 Pac. 945.

23. State Inspection.-State inspection law burden on interstate commerce.-Wofford Oil Co. v. Smith, U. S. D. C., 263 Fed. 396.

24. Contracts-Installments.-Failure to pay installments justifies contractor's refusal to complete work.-U. S. Fidelity & Guaranty Co. v. Robert Grace Contracting Co., U. S. C. C. A., 263 Fed. 283.

25. Place of Making. The time and place for the consummation of a contract is when and where the last act necessary for its validity has been performed.--Fitzhugh v. University Realty Co., Cal., 188 Pac. 1023.

er officers an action to recover from him moDeys unlawfully held.-Club Laundry & Cleaning Co. v. Murphy, Pa., 109 Atl. 622.

29. --Authority of Agent.-Implied authority of the president of a corporation must arise out of the duties and responsibilities actually intrusted to him by the corporation or the duties assumed by him and acquiesced in by the corporation, and not upon his statements regarding such duties and responsibilities.-Butler v. Solano Land Co., Cal., 188 Pac. 1019.

30. Tort.-Corporation conducting business of another corporation liable for torts.-Auglaize Box Board Co. v. Hinton, Ohio, 126 N. E 881.

31. Sale of Stock.-Damage for breach of warranty in sale of stock is difference between value as warranted and actual worth.-King v. Day, Neb., 177 N. W. 160.

32. Stock Subscription.-A corporation or its representatives may sue a subscriber to stock for the unpaid portion of the subscription price on behalf of the other stockholders who have paid in full, but a stockholder who has paid in full has no right of action against the subscriber to recover his individual loss; the corporation having failed.-Lumpp v. Drumheller, Wash., 188 Pac. 913.

33. Courts Cause of Action.-A cause of ac tion arises under the laws of the United States so as to give jurisdiction, where an appropriate statement by plaintiff, unaided by any anticipa tion or avoidance of defenses, discloses that it really and substantially involves a dispute or controversy respecting the validity, construction, or effect of an act of Congress.-First Nat Bank v. Williams, U. S. S. C., 40 Sup. Ct. 372.

34.-Law of the Case.-Where defendant's original motion to open a judgment for excusable neglect was denied by the trial court and the judgment affirmed, such decision is the law of the case, and is conclusive against a second motion to open the judgment on the ground of the same excusable neglect.-Sharpe v. Huggins, S. C., 102 S. E. 788.

35. Limiting Jurisdiction.-When a state creates a cause of action for death occurring therein, it cannot limit the jurisdiction of the Courts of other states to enforce it.-Kenney v. Supreme Lodge of the World, Loyal Order of Moose, U. S. S. C., 40 Sup. Ct. 371.

36. Representative Action, Jurisdiction not conferred by statute authorizing representative actions.-Batman v. Louisville Gas & Electric Co., Ky., 220 S. W. 318.

37. Criminal Law Cross-Examination. Where A. stated that accused shortly before the murder said, "I am going to kill him; I served six months in prison," but witness at whose home accused made statements, in giving her recollection, made no reference to admission regarding being in prison, it was not improper cross-examination calling for withdrawal of juror for district attorney to ask what accused said about being in prison.-Commonwealth v. Fiorentino, Pa., 109 Atl. 679.

38. Fugitive from Justice.-Persons other than fugitives from justice are guaranteed preliminary hearing.-Meyers v. State, Neb., 177 N. W. 177.

39. -Misfortune.-A person may not be found guilty of any crime or misdemeanor committed by misfortune or accident, and where it satisfactorily appears there was no evil design or intention or culpable neglect.-Green v. State, Ga., 102 S. E. 813.

40. Threats.-In homicide cases, unless there is evidence tending to show self-defense, uncommunicated threats made by deceased against defendant are not admissible.-Almerigi v. State, Okla., 188 Pac. 1094.

41. Damages—Judicial Discretion. Measure of damages rests largely in sound discretion of trial court.-Gray v. New Orleans Dry Dock & Shipbuilding Co., La., 84 So. 109.

42. Malice.-"Malice," as relating to damages, is defined as a disposition to do a wrong without legal excuse or as a reckless indifference to the rights of others and does not necessarily mean ill will, and includes a wrongful act knowingly and intentionally done without just cause and excuse.-Cottle v. Johnson, N. C., 102 S. E. 769.

43. Penalty.-Liability in addition to actual damages is a "fine" or "penalty."-Sunderland Bros. Co. v. Chicago, B. & Q. R. Co., Neb., 177 N. W. 156.

44. Profits.-Loss of conjectural profits not recoverable.--Chicago Life Ins. Co. v. Tiernan, U. S. C. C. A., 263 Fed. 325.

45. Death-Look and Listen.-In an action for the death of an automobilist, where there was evidence that he stopped within six feet of the first rail of the trolley car track and looked, it will be presumed that he also listened.Knobeloch v. Pittsburgh, H., B. & N. C. Ry. Co., Pa., 109 Atl. 619.

46. Presumption of Care.-In the absence of proof to the contrary, the presumption is that one who met his death was using due care. -Nadazny v. Philadelphia & R. Ry. Co., Pa., 109 Atl. 625.

47. Deeds Confidential Relations. Where confidential relations between a parent and child are shown to have existed, and where a conveyance is made by the weaker to the dominant party, a presumption arises that the conveyance was obtained through undue influence, and the burden is on the person claiming under such conveyance to show that the transaction was bona fide.-Walters v. Walters, N. M., 188 Pac. 1105.

48. Divorce Cruel Treatment.-Nagging at and refusal to eat with and accompany husband to public places held not cruelty.-Bird v. Bird, Wis., 177 N. W. 4.

49.- Offer in Good Faith.-Husband's letters offering a home, not written in good faith, did not put wife in default.-Beckmann V. Beckmann, Mich., 177 N. W. 144.

50. Easements-Servient Estate.-The dividing of land into building lots and conveyance thereof with privilege of the use of carriageway, which was an easement appurtenant to the land being so divided and reserved by deed, thereby increasing the number of persons using the carriageway, did not so increase the burden on the servient estate as to justify a finding that the rights of easement had been renounced, abandoned, or extinguished.-Siedler v. Waln, Pa., 109 Atl. 643.

51. Fraud-Election of Remedy.-Party who has been fraudulently induced to enter into a contract may either rescind, or elect to carry out the contract, and recover damages.-Koch v. Rhodes, Mont., 188 Pac. 933.

52. Fraudulent Conveyances-Sale in Bulk.A sale in bulk, made by virtue of a chattel mortgage, or by the joint action of mortgagor and mortgagee, is not within the prohibition of the Bulk Sales Act.-Schwartz v. King Realty & Investment Co., N. J., 109 Atl. 567.

53.-Solvency.-Intent to defraud creditors may exist despite solvency.-McWhorter v. Langley, Tex., 220 S. W. 361.

54.

Game Treaty.-If the treaty between the United States and Great Britain proclaimed December 8, 1916, regulating the killing of migratory birds, is valid, the act of July 3, 1918, carrying its provisions into effect, is also valid, under Const. art. 1, § 8, giving Congress power to make all laws necessary and proper for carrying into execution the powers thereby conferred.-State of Missouri v. Holland, U. S. S. C., 40 Sup. Ct. 382.

55. Gifts-Reservation of Interest.-Reservation of interest on certificate of deposit during donor's life not inconsistent with gift.-Hudson v. Gleason, Wis., 177 N. W. 14.

56. Guardian and Ward-Welfare of Child.The welfare of the child is the primary consideration to which all other questions must yield, and the Court must consider, not only the spiritual and temporal welfare, but the minor's further training, education, morals, and the ability of the proposed guardian to best take care of the child.-In re Butcher's Estate, Pa., 109 Atl. 683.

57. Homestead-Lien.-A bona fide purchaser of real estate held as a homestead takes it free of the lien of a judgment against the homestead claimant.-Corn v. Hyde, N. M., 188 Pac. 1102.

58. Homicide-Aiding and Abetting.-Persons aiding, abetting, or assisting are guilty.-Hicks v. State, Ark., 220 S. W. 308.

59.- -Dying Declaration.-In California it is the function of the trial court primarily to pass upon the admissibility of alleged dying declarations, and of the jury to determine whether they were in fact made under a sense of impending death, and, if so, then to determine credibility and weight to which they are entitled.— People v. Rulia Singh, Cal., 188 Pac. 987.

60.-Flight.-Fleeing from scene of killing and concealment circumstances to be considered. -State v. Christ, Iowa, 177 N. W. 54.

61. Husband and Wife-Alienation of Affection.-Proof must show that affections were actually alienated.-Potter v. Howser, Neb., 177 N. W. 169.

62.- -Separation.-Where husband was content with the provision of a separation agreement between himself and wife during his life, his children on his death cannot have it set aside. In re Lawton's Estate, Pa., 109 Atl. 699. 63. Injunction-Motive.-Where party has legal right to act, equity will not enjoin him on account of motive.-Scott v. City of Pittsburgh, Pa., 109 Atl. 603.

64.Accident.-Double indemnity clause in accident policy held not to apply to beneficiary. -Chicago Bonding & Ins. Co. v. Pulliam, Ky., 220 S. W. 316.

65. Agency.-Agency could be shown by agent's testimony, though not by his declarations. International Paper Co. v. General Fire Assur. Co., U. S. C. C. A., 263 Fed. 363.

66.- Change of Beneficiary. The beneficiary named in an insurance policy which authorizes insured to change the beneficiary cannot, in the absence of a contract with insured or any special equities depriving him of the right to make such change, attack his change of beneficiary for undue influence on the part of the new beneficiary. New York Life Ins. Co. v. Dunn, Cal., 188 Pac. 1028.

67. Judicial Sales-Confirmation.-Generally, the highest bidder at a judicial sale is regarded only as a preferred proposer without independent right in the property or suit until the sale has been reported to the Court and confirmed. -Perry v. Perry, N. C., 102 S. E. 772.

68. Landlord and Tenant-Defects in Premises. In the absence of any warranty, deceit, or fraud on the part of a landlord, he is not liable for injuries caused by defects in the premises.-Rowan v. Amoskeag Mfg. Co., N. H., 109 Atl. 561.

69. Larceny Ownership.-In indictments for larceny, the ownership of the stolen article must be stated and must be proved as laid, but where the grand jury is ignorant of the owner, owner

ship may be laid in persons to the grand jury unknown.-State v. Logan, Me., 109 Atl. 593.

70. Libel and Slander-Malice. The presumption of malice from the publication of a defamatory article in and of itself cannot be rebutted.--Newby v. Times-Mirror Co.. Cal., 188 Pac.

Malicious Prosecution Motive.

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1008. When 71. the facts are not in dispute. the questions whether there was reasonable or probable cause for the prosecution, and whether defendant was actuated by a malicious motive in making the charge, are for the Court.-Colgan v. Sullivan, N. J., 109 Atl. 568.

72. Marriage Cohabitation.-Reputation and cohabitation are not marriage, but circumstances from which marriage may be presumed. In re Bisbing's Estate, Pa., 109 Atl. 670.

73. Master and Servant-Course of Employment. Where employe was killed by being thrown from an automobile furnished by the master to transport the employes to the place of work, his injuries arose out of and in the course of employment within the workmen's compensation act.-Dominguez v. Pendoia, Cal., 188 Pac. 1025.

74. Course of Employment.--Generally injury while going to or returning from work does not arise out of employment within Compensation Act.-Nesbitt v. Twin City Forge & Foundry Co., Minn., 177 N. W. 131.

75. Experienced Servant. Experienced railroad repair shop workman selecting handholds in climbing on engine assumes risk. Davis v. Chicago, B. & Q. R. Co., Neb., 177 N. W. 181.

76. -Insurer.-A master is not an insurer of the safety, of the servants, and is required merely to exercise that caution which a person of ordinary prudence would ordinarily exercise in like circumstances, but if the appliance is of such character as to suggest a high degree of danger in its use, the degree of care and caution to be exercised increases accordingly.Stevens v. Hines, Wash., 188 Pac. 917.

77. Mechanics' Liens - Waiver. Mechanic's privileges; waiver of lien on building not waiver of right of preference to be paid out of fund in hands of owner.-Thompson v. O'Leary, La., 84 So. 116.

78. Mortgages-Attachment.-Attachment lien subject to prior unrecorded mortgage.-Bain v. Ullerich, Iowa, 177 N. W. 61.

Negligence-Inherent

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79. Danger. As spects liability for injury to children, an object which is not obviously or inherently dangerous and has proved uniformly adequate, safe, and convenient may be further continued without the imputation of negligence, though it might be made safer at slight expense.-Nichol v. Bell Telephone Co. of Pennsylvania, Pa., 109 Atl. 649.

80. Proximate Cause.-A proximate cause of injury is one which, in actual sequence, undisturbed by any independent cause, produces the result complained of.-Boggs v. Jewell Tea Co., Pa., 109 Atl. 666.

81.- Theory of. To constitute negligence, there must be a violation of a duty, imposed either through the relation of the parties or by statute-Fitzpatrick v. Penfield, Pa., 109 Atl.

653.

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82. Nuisance-Judicial Notice. Judicial tice is taken of injury to neighbors from raising hogs, but trifling damages create no liability.Royalty v. Strange, Tex., 220 S. W. 421.

83-Special Damage.-Landowner suffering special damages from pollution of well by industrial waste held entitled to sue.-Anstee v. Monroe Light & Fuel Co., Wis., 177 N. W. 26.

84. Officers-Removal.-The power to remove an inferior officer is, in the absence of statutory provision to the contrary, an incident of the power to appoint, and the power of suspension in an incident of the power of removal.— Burnap v. U. S.. U. S. S. C., 40 Sup. Ct. 374.

85. Partnership-Land.-Land deeded to partners as a firm and not as individuals or as tenants in common, being designated as partnership property for the use of the firm, is to

be treated as personal property and not realty. -In re Hill's Estate, Pa., 109 Atl. 697.

86. Principal and Agent-Implied Authority. -Possession of note not implied authority to make contract other than evidenced by indorsement.-Outagamie County Bank of Appleton v. Tesch, Wis., 177 N. W. 6.

87. Principal and Surety Anticipating Breach. Secured party cannot anticipate breach, and make performance by principal impossible, and thereafter recover on bond.-U. S. Fidelity & Guaranty Co. v. City of Pensacola, U. S. C. C. A., 263 Fed. 344.

88.Assignment.-Consent by surety to assignment of municipal contract consideration for indemnifying bond.-United States Fidelity & Guaranty Co. of Baltimore, Md., v. George S. Schauer Co., Ind., 126 N. E. 860.

89.-Paid Surety.-A corporation engaged in the business of suretyship for profit cannot successfully defend a suit by merely showing a change in the contract, as is the rule in ordinary suretyship, but must prove also that the change was material and prejudicial-City of Philadelphia v. Ray, Pa., 109 Atl. 689.

90. Sales Conditional Sale.-Conditional sale contract, not specifying time of payments, insufficient to give constructive notice.-Ford Motor Co. v. Maeder, Wis., 177 N. W. 39.

91. Counterclaim.-Where plaintiff agreed to sell defendants two lots of shirts, one to be shipped at once, and the other about two weeks later, if received, payment to be made within ten days, defendant cannot by counterclaim recover damages for plaintiff's failure to make the last shipment without showing performance on his part and payment.-Sunshine v. Furtick, S. C., 102 S. E. 784.

92.- -Damages. In a buyer's action against seller for failure to deliver goods, the measure of damages is the difference between the contract price and the market value at the time and place of delivery with interest.-Seward v. Pennsylvania Salt Mfg. Co., Pa., 109 Atl. 617.

93. Lapse of Contract. If either party to a contract of sale not specifying time for delivery lets a reasonable time expire without demand, the contract lapses, and neither party can enforce performance.-Hurst v. Hill, Ore.. 188 Pac. 973.

94. Specific Performance Judicial Supervision. Contract requiring continued supervision of Court will not be enforced.-Snyder v. Wilder, La., 84 So. 104.

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95. Trusts Naked Trust.-A trust to support contingent interest in remainder is valid. though active duties are not imposed on the trustee. In re Field's Estate, Pa, 109 Atl. 677.

96. Vendor and Purchaser-Practical Construction. In case of doubt, practical construction by parties may be considered on intent.Gompert v. Frost, Iowa, 177 N. W. 71.

97. Water and Water Courses-Successive Injuries. A cause of action for damages occasioned by negligence in a structure not permanent because abatable by an expenditure of labor or money consistent with rightful use and maintenance of the structures arises at the time of the actual injury, and successive actions may be maintained for successive injuries. Chicago, R. I. & P. Ry. Co. v. Bahr, Okla., 188 Pac. 1058.

98. Wills-Annuity.-Direction in devise of property, subject to annuity, to use income for society, means income above annuity.-State Historical Soc. v. Foster, Wis., 177 N. W. 16. 99.-Contingent Remainder.-A remainder limited to ascertained persons in esse after an estate whose termination does not depend upon uncertain event is vested, not contingent.Burkley v. Burkley, Pa., 109 Atl. 687.

100. Fee.-A devise generally or indefinitely, with power of disposition, carries a fee.Bennett v. Sutphen, Pa., 109 Atl. 669.

101.- Intention.-Presumption in favor of heir must yield to intent.-Godfrey v. Epple, Ohio, 126 N. E. 886.

102. Perpetuities.-Will violating the rule against perpetuities carried out so far as legal. -Bunting v. Hromas, Neb., 177 N. W. 190.