Check; duty of banker

Clubs. See INTOXICATING LIQUORS.
Commerce; power of Congress to regulate;

511

Protection of, by injunction; action for in-
terference with

Emblements; what constitute; growing

crops

exclusive authority; includes transporta-
tion and intercourse; police power of State 579
Conflict of laws; as to insolvency; comity 107
As to remedies; Statute of Limitations
As to liability of stockholder of foreign cor-
poration

Evidence; written instruments; parol, to

contradict; as to consideration of con-
tract; of prior negotiations; of conversa-
tions between parties; of their acts and
declarations; of extrinsic facts and cir-
cumstances; of collateral agreement prior,
contemporaneous, or subsequent; to vary
terms of contract, or legal effect; of in-
tention; to explain ambiguity; of mean-
ing of words; to identify person and
property; of contracts partly written; of
fraud, accident, or mistake; of illegal con-
tracts; of trust

33

152

676

Conspiracy; to commit tort

629

Dedication; of land to public use; restric-
tion to particular use; estate created; pre-
sumption from user

259

Duress; acts done under, may be annulled;
equitable relief; recovery of money
Easements; defined, distinguished from li-
cense

491

159

261

617
855

tions transitory, but related merely to process in cases which the parties were entitled to

ACTION OR SUIT. See also RELEASE; TAXES, 10; TELEGRAPH COMPANIES, 2.

1. If a contract fixes the time for a pay ment agreed upon, but fixes no time for doing that which is the condition of the payment, performance of the condition is not a condition precedent to an action. Donovan v. Judson (Cal.) 591 2. The right to bring an action for purchase money of land, under a contract by which one party agrees to convey, without fixing any time therefor, while the other agrees to pay the price a certain time after final judgment in his favor in a certain pending suit, accrues when such time has expired, although no conveyance is made. Id. 3. Loaning cash and securities to a county treasurer, knowing him to be an embezzler, for the purpose of enabling him to conceal his embezzlement by showing the money and securities as the property of the county, does not render the lender liable to an action in favor of the county, on the ground that the discovery of his embezzlement and opportunity to prosecute him therefor were thereby delayed. Nelson County v. Northcote (Dak.) 230

4. An action for trespass upon lands in another State cannot be brought in Massachusetts by trustee process, under Mass. Pub. Stat. chap. 183, §§ 1, 3, authorizing personal actions, including trespass quare clausum, to be brought by trustee process in the county of the trustee's residence or place of business. The statute did

the process specially authorized. Allin v. Connecticut River Lumber Co. (Mass.)

416