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(B) Afirmance.

(G) Jurisdiction and Proceedings of Apom 1127 (Cal.) A motion to affirm, amounting

pellate Court After Remand. to an advancement of the hearing of the appeal, Om 1221 (Utah) After reversal on defendants' without good reason therefor, will be denied. - appeal and remand to the trial court with diChino Land & Water Co. v. Hamaker, 154 P. rections to enter judgment for defendants, the 850.

Supreme Court had jurisdiction to amend its (C) Modification.

judgment to make it conform to the opinion of Cm1151_(Wash.) In a death action under the the majority of the court where there was a federal Employers' Liability Act tried without difference between the opinion and the judga jury, held that, as it is tried de novo, on

ment.--Mountain Lake Mining Co. v. Midway appeal, the Supreme Court may make deduction | Irr. Co., 154 P. 584. for the contributory negligence of deceased and affirm.-Anest v. Columbia & P. S. R. Co., 154 XVIII. LIABILITIES ON BONDS AND P. 1100.

UNDERTAKINGS. C153 (Cal. App.) Failure of a judgment in an 1234 (Cal.App.) A bond, given in a suit to suit to rescind contract for exchange of jack declare a trust in land, to secure stay of execufor horse, to provide for return of the jack on satisfaction of the money judgment, could be enable defendant to collect the rents pending

tion of an order appointing a receiver and to corrected by judgment rendered on the appeal, her appeal from such order, held intended to without remand.-Coats v. Hord, 154 P. 491.

indemnify plaintiff, if final judgment on the

merits was eventually obtained by him, against (D) Reversal.

any damage resulting from the defendant's colOn 1170 (Ariz.) The filing of an unnecessary

lection of rents pending her appeal from the reply is a technical defect which will not, un- order appointing a receiver.-Borges v. Hillder Const. art. 6, § 22, warrant reversal. man, 154 P. 1075. Crane r. Franklin, 154 P. 1036.

Om 1237 (Wash.) Under Rem. & Bal. Code, & Cam 1170 (Cal. App.) Under Const. art. 6, § 442, 1739, providing that, on affirmance of a money denial to an attorney, defendant in the cause, judgment, judgment shall be rendered against who was represented by an attorney of record the appellant and his sureties for the amount of and would testify in his own behalf, of leave to the judgment appealed from, and for damages cross-examine a witness, held not reversible er and costs on the appeal, the plaintiff, who seror.-Carter v. Holt, 154 P. 37.

cured a judgment for nersonal injuries, was enem 1170 (Okl.) Rulings on evidence held not to tate of the deceased surety on

titled to a summary judgment against the esrequire a reversal under Rev. Laws 1910, $

a supersedeas 6005, where it appeared that there was no mis bond.-Olson v. Seldovia Salmon Co., 154 P.

1107. carriage of justice or substantial violation of any statutory or constitutional right.-Link-en 1239 (Cal. App.) Plaintiff, in action in which hart v. Kirkhart, 154 P. 645.

a receiver was appointed and in wbich defendem 1175 (Idaho) Though the verdict in replevin from such order, could maintain an action

ant therein gave bond to pay costs on appeal is in the alternative and the judgment makes against the sureties on such bond before final no provision for return of the property, the judgment in the action in which the receiver case will not be remanded if it clearly appears was appointed, where the order appointing the that return cannot be had.-Cady v. Keller, 154 receiver was affirmed on the appeal from it.P. 629.

Borges v. Hillman, 154 P. 1075. Cum 1 175 (Okl.) In purely equitable cases the 1240 (Wash.) Where, pending entry of deSupreme Court may consider the entire record, cree of affirmance on appeal, surety on superand, if the judgment is clearly against the evi- sedeas bond died, the judgment creditor could dence, may render or cause to be rendered such proceed against his estate as a principal obligor, judgment as should have been rendered below. for as between obligors and obligee all of the --Jones v. Thompson, 154 P. 1139.

former are principal debtors, though as between Om 1177 (Cal.App.) Where, in a proceeding to themselves they enjoy the relation of principal establish title to land, it was found that plain and surety.-Olson v. Seldovia Salmon Co., 154 tiff's tax title was invalid, the appellate court, P. 1107. no finding having been made, should not deter- m 1243 (Cal.App.) Plaintiff, in an action inmine what amount plaintiff paid for his tax ti- volving real property in which a receiver was tle on competitive bidding above the amount of appointed for the rents, could maintain an actaxes due, but the cause should be remanded for tion against the sureties on the bond given by that purpose.-O'Reilly V. All Persons, 154 P. defendant to enable her to collect the rents 474.

pending her appeal from the order of appointCu! 178 (Cal.) Wbile Code Civ. Proc. § 1714, ment though the judgment in the main action abolished new trials in probate proceedings ex

had not become final so that the court had cept in will contests, an appellate court may, on

not discharged the receiver when the suit was appeal from a decree of distribution, order the brought.-Borges v. Hillman, 154 P. 1075. doing of anything which the probate court should

Under Code Civ. Proc. 88 939, 1049, touching have done in the exercise of its jurisdiction. In the time for appeals, and providing that an acre Vanderhurst's Estate, 154 P. 5.

tion is pending from commencement until the

time for appeal has passed, an action against (F) Mandate and Proceedings in Lower given to secure a stay of execution of an order

the sureties on the bond of defendant in a suit cum 1189 (N. M.) Under Supreme Court rule brought within six months after judgment in

appointing a receiver, etc., held prematurely 15 (154 Pac. xxxviii), held, that the clerk should the main action.-Id. issue a mandate on request where all costs have been paid by either party, and not withhold same until an appellee against whom judgment

APPEARANCE. for costs has been entered in the Supreme Court satisfies such judgment.-Thayer v. Denver & R. See Corporations, Cw508; Justices of the G. R. Co., 154 P. 691.

Peace, 84, 161. w 1195 (Utah) Holding on former appeal that my 9. (Okl.) The filing of a motion setting forth contract between parties was evidenced by tele- both jurisdictional and nonjurisdictional grounds grams, and that agreement of third party was for dismissal held a general appearance, though neither authorized nor ratified by defendant, denominated a special appearance.-St. Louis held the law of the case on retrial.-Tyng v. Cordage Mills v. Western Supply Co., 154 P. Constant-Loraine Inv. Co., 154 P. 767.



Om 9 (Utah) Filing a general demurrer consti- I. REQUISITES AND VALIDITY. tutes a general appearance.-McMillan v. For- (A) Property, Estates, and Rights Assignsythe, 154 P. 959.

able. moló (Okl.) Filing of answer claiming damages w20 (Okl.) A written contract of sale of land after overruling of special appearance held a for $2,500, $1 cash in hand and the remainder general appearance waiving any error in over

to be paid within two years, subject to an ruling a special appearance.

.-Hamra v. Fitz

existing mortgage of $1,200, held assignable.patrick, 154 P. 665.

Marker v. Gillam, 154 P. 351. Omw 19 (Kan.) Defendants appearing by counsel to resist the granting of a temporary injunction (B) Mode and Sufficiency of Assignment. are in court for all purposes without issuance of 48 (Wash.) Though a contract for complesummons.-Arment v. Dodge City, 154 P, 219.

tion of a public improvement, which required 24 (Mont.) Under Rev. Codes, $ 6526, a the contractor to pay the debts of his predegeneral appearance must be voluntary to consti- cessor, did not warrant a city in paying claims, tute a waiver of defective service of process.

yet, on payment, the city became the owner State v. District Court of Second Judicial Dist. by process of equitable assignment.-Paul v. in and for Silver Bow County, 154 P. 200.

City of Vancouver, 154 P. 453. Where defendant, resident of another state, served with summons while in the state to attend court as a witness, made proper objection


PARTIES. and exception, and in his answer again reserved the question, he did not by general appearance on 100 (Wash.) Claims against a public conwaive his right to object to the jurisdiction.-Id. tractor held not negotiable, so that a city which

by paying the claims became the equitable ownAPPLICATION.

er, could not cut off defenses available to the

contractor.-Paul v. City of Vancouver, 154 P. See Corporations, C590; Payment, w 47. 453.

Where a public contractor was allowed to APPOINTMENT.

urge all defenses to claims good as against his

predecessor, payment of which he assumed, held, See Executors and Administrators, 20; Of-that he was not harmed because the city paid ficers, Ow7; Trusts, Ow160.

the claims, and deducted the amount thereof

from the contract price.-Id. APPORTIONMENT.

IV. ACTIONS. See Municipal Corporations, m466; Taxation,

129 (Okl.) Where a written contract of 299.

sale of land was assigned as collateral security APPROPRIATION.

for faithful performance of a building contract

by the assignor, the assignee could sue the See States, Eww130–132; Waters and Water original vendor for breach of the contract of Courses, Omw 152.

sale, without making the assignor a party

Marker v. Gillam, 154 P. 351.



I. REQUISITES AND VALIDITY. See Contracts, m9, 287.

(A) Nature and Essentials of Trusts for


34 (Or.) An assignment for the benefit of See Appeal and Error, Cm1060; Criminal Law, creditors, where it is fair and without fraud, Om 706, 730; Trial, em 10842-133.

is valid, though the effect of the assignment is
to hinder and delay some creditors.-Sabin v.

Chrisman, 154 P. 908.
See Bail.



em 174 (Or.) Whether the property in the pos

session of the agent of an assignee for benefit See Homicide, om 86, 120.

of creditors was the property intended to be

assigned held, under the evidence, for the jury. II. CRIMINAL RESPONSIBILITY.

-Sabin v. Chrisman, 154 P. 908. (B) Prosecution and Punishment.

em 175 (Or.) An assignment of the goods of a

merchant held sufficient to include a stock of 091 (Okl.Cr.App.) Evidence held to sustain stoves, the property being described as general a conviction of assault with intent to do bodily merchandise, this being true though the merharm.-Rushing v. State, 154 P. 1005.

chant had two stores.--Sabin v. Chrisman, 154

P. 908.

See Municipal Corporations, m 422-582. See Building and Loan Associations; Insur-

ance, Om755-825. ASSIGNMENT OF ERRORS.

ASSUMPSIT, ACTION OF. See Appeal and Error, m719.

See Account Stated; Money Received; Work ASSIGNMENTS.

and Labor. See Assignments for Benefit of Creditors;

Fraudulent Conveyances; Insurance, em 212;
Vender and Purchaser, em 214.

See Master and Servant, O217--226, 288, 295. ASYLUMS.

attorney, defended on the ground that they had

been rendered gratuitously, evidence held to sus-
See Evidence, 441.

tain a verdict for defendant.-Cadle v. Black,

154 P. 997.

em 167 (Wyo.) In an attorney's action to re-
See Execution; Exemptions; Garnishment. cover for services, instruction relating to his

statements to a third person acting for defend-
VI. PROCEEDINGS TO SUPPORT OR ant held as favorable to plaintiff as he was en-

titled to under the evidence. Cadle v. Black,

154 P. 997.
209 (Or.) An affidavit for publication of In attorney's action for services, instruction
summons on attachment of land must allege as to his statement after his services that there
that the defendant has property within the would be no charge therefor held not to prevent
state, in order to give the court jurisdiction.-jury from considering any such statement they
Leslie v. McNeil, 154 P. 884.

believed in determining plaintiff's original in-

tention, or whether his services were offered

and rendered gratuitously.-Id.
365 (N.M.) Independently of any bond, the In an attorney's action to recover for serv-
attaching plaintiff is liable jointly with the ices rendered to defendant, a requested instruc-
attaching officer for levy on a stranger's proper- tion that plaintiff would not be bound by any
ty where he either directs or ratifies the levy. statements as to the charge of his services, made
-Murry v. Belmore, 154 P. 705.

to a third party acting in the interest of the

defendant, held properly refused as misleading.

See Amicus Curiæ; Appeal and Error, e91,

(B) Lien,
1060; Certiorari, Om5; Continuance, 20; em 192 (Wash.) Under power to determine the
Corporations, m 508; Criminal Law, Om questions affecting a judgment as between par-
706, 730; Evidence, Om 419, 424, 441; Ex-ties properly before it, the court can adjudicate
ecutors and Administrators, Em111; Gar- an attorneys' lien thereon provided for by
nishment, Onw225; Husband and Wife, em Rem. & Bal. Code, § 136.-State v. Superior
82; Justices of the Peace, Om 84; Malicious Court for King County, 154 P. 603.
Prosecution; Mortgages, ém581 ; Trial, Where, after recovery of judgment by a re-

ceiver and substitution of new receiver and at-

torney, the attorneys for the first receiver filed
I. THE OFFICE OF ATTORNEY. a lien on the judgment, motion to strike lien
(C) Suspension and Disbarment.

for invalidity held properly overruled where all

parties affected by the judgment were not before
39 (Cal.App.) An attorney cannot be dis- the court.-Id.
barred solely on a record of conviction, where
he has been pardoned.-In re Emmons, 154 P. ATTRACTIVE NUISANCE.

See Negligence, On 39.
Om75 (Cal.) Where judgment in stockholder's

action was to be reversed, motion for substitu; See Criminal Law, Ow1105.
tion of other attorneys for the corporation held
to be denied without prejudice to its renewal
in the trial court.-Whitten v. Dabney, 154 P.


See Affidavits, en 5; Principal and Agent,
Om 88 (Cal. App.) Where an attorney who was 93-132.
sued appeared in court by an attorney of rec-

ord who conducted the case to a point where
defendant proposed to cross-examine plaintiff's See Bailment, 14; Husband and Wife,
witness, it appearing that he would be a wit- 102, 268, 270; Master and Servant, C872;
ness in his own behalf, the court properly de- Municipal Corporations, m706; Railroads,
pied him the right to cross-examine.-Carter v. Om 330.
Holt, 154 P. 37.

Om 101 (Okl.) Where an attorney's authority
to compromise an action is in issue, the burden

is on the party asserting the compromise to 49 (Okl.Cr.App.) On a hearing of an appli-
show authority or ratification.-Hamberger v. cation for admission to bail after commitment
White, 154 P. 576.

for a capital offense, to determine whether the
An attorney cannot, without specific author- proof of guilt is evidence or the presumption
ity, compromise a pending action.-Id.

thereof great, the burden is on the petitioner.
Where an attorney without authority com- -Ex parte Birmingham, 154 P. 499,
promises an action, receiving less than the cli- Evidence held to show that one committed for
ent's demand, the client may ignore the com- a capital offense was entitled to be admitted to
promise and recover his full demand.-Id. bail.-Id.

Ow73 (Kan.) Under Cr. Code, $ 146 (Gen. St.
IV. COMPENSATION AND LIEN OF 1909, 8 6722), where money is deposited by a

third person in lieu of bail and the accused has
(A) Fees and Other Remuneration.

been surrendered, the money should be returned
now 130 (Wyo.) Where plaintiff, an attorney, Reno County, 154 P. 257.

to the owner.-Campbell v. Board of Com'rs of
offered his services to defendant without charge, A declaration of forfeiture made by the dis-
and they were accepted by the defendant upon trict court for nonappearance of accused after
that understanding, plaintiff was not entitled to his surrender by a person who had deposited
recover.-Cadle v. Black, 154 P. 997.

money in lieu of bail held not to estop such per.
Om 143 (Or.) Where plaintiff was retained as at- son from suing to recover the deposit where he
torney by defendants at regular monthly salary, was not a party to and had no notice of the
promise of substantial reward for his best ef- proceeding wherein the forfeiture was declared.
forts if defendants' ventures should prove suc- -Id.
cessful, was without consideration.-Muir v. 80 (Kan.) That accused had been placed
Morris, 154 P. 117.

under arrest by another officer for commission
Om 166 (Wyo.) In an action to

an of another offense shortly before he was sur-
amount alleged to be due for services as an rendered by a third person who had deposited


money in lieu of bail for his appearance, held A subscriber to the stock of a bank must use
not to render the attempted surrender invalid.- the utmost good faith to see that what he gives
Campbell v. Board of Com'rs of Reno County, in exchange is equal to the par value of the
154 P. 257.

That neither the sheriff nor his deputy ac- Under L. O. L. $ 4571, held, that an attempt-
knowledged in writing, under Cr. Code, $ 150 ed payment for bank stock in realty was unau-
(Gen. St. 1909, 8 6726), the surrender of ac- thorized and amounted to no payment, except
cused by a person who had deposited money in to the extent that the proceeds of the attempted
lieu of bail for the appearance of accused held payment swelled the bank's assets.-Id.
not to make the surrender invalid where it was A release of a purchaser of bank stock from
accepted and custody of accused taken by the liability, when executed by the manager and
deputy sheriff, to whom he was surrendered. cashier of the bank without authority of the

board of directors or stockholders, held void.


(C) Stockholders.
See Embezzlement; Larceny, em15.

Cm 47 (Or.) In a suit by the superintendent of
Em 14 (Wash.) An inexperienced person, a banks held, that the fact that defendant's stock
prospective purchaser of an automobile, learn- represented reissued stock unlawfully bought by
ing to drive it in the presence of and under the the bank, did not render defendant any the less
tuition of an experienced man, cannot be held a subscriber liable for whatever he had not paid
liable to the owner for injury to it, unless there

on the stock.-Sargent v. American Bank &
is positive negligence.-Bertrand v. Hunt, 154 Trust Co. v. Portland, 154 P. 759.
P. 804.

48 (Or.) A transfer of bank stock to an-

other by defendant who had given practically
See Elections, 186, 194.

worthless property therefor, held not to protect
defendant from liability in a suit by the super-

intendent of banks for the value of the stock,

where it appeared that the transaction was in
See Assignments for Benefit of Creditors.

fact a retransfer to the bank.--Sargent v. Amer.

ican Bank & Trust Co. of Portland, 154 P. 759.
I. CONSTITUTIONAL AND STATU- 49 (Cal.) St. 1909, p. 87, entitled "An act

to define and regulate the business of banking,”
Cm 9 (Or.) The national Bankruptcy Act sus- banks no authority to enforce the

liability of a

by section 136, gives the superintendent of
pended state laws concerning assignments for
the benefit of creditors, leaving such assign- stockholder to a creditor fixed by Const. art. 12,
ments to be governed by the common law.-Sa- $ 3, and made available to the creditor by Civ.
bin v. Chrisman, 154 P. 908.

Code, $ 322.-Williams v. Carver, 154 P. 472.

St. 1909, pp. 87, 115, § 136, providing that
III. ASSIGNMENT, ADMINISTRATION, dividual liability of the stockholders, only au-

the superintendent of banks may enforce the in-

thorizes the superintendent to enforce against

stockholders their liability due the bank, arising
(C) Preferences and Transfers by Bank-

upon assessments or nonpayment of subscrip-
rupt, and Attachments and

tions to the corporate capital.-Id.
Other Liens.
Om 207 (Cal. App.) Under Bankr. Act, $8 67b, m 49 (Or.) Under L. O. L. $ 4586, as amend-
67c, and 67f, held, that judgment within four ed by Laws 1911, p. 244, held, that the superin-
months of bankruptcy was dissolved as a pref- tendent of banks, liquidating its affairs, could
erential lien in favor of creditor and recognized sue defendant for the value of stock transferred
and preserved as a lien for the benefit of all the to him for a worthless title to realty, and for
creditors.-Wills v. E. K. Wood Lumber & the value of other stock converted by him.-
Mill Co., 154 P. 613.

Sargent v. American Bank & Trust Co. of Port-
Order on petition of trustee in bankruptcy, au- land, 154 P. 759.
thorizing judgment creditor whose lien had been

Fraudulent and unauthorized acts of bank
dissolved in the name of the trustee and for the held not a defense.-Id.
benefit of the estate to proceed to annul bank-

In a suit by the superintendent of banks for
rupt's conveyance to plaintiff, his wife, held to the value of stock for which defendant had give
authorize creditor to proceed' as it might deem en practically worthless property, it was no
best, or in the name of the trustee.-Id.

defense that defendant had caused part of the
stock to be issued to a third person.-Id.

Where it appeared that the transaction was

fraudulent, and that defendant thereafter, as

president of the bank, represented it to be sol-
em433 (Cal.App.) A bankrupt's discharge re- vent, he could say in defense that the bank
leases him from personal liability only, and not stock was as worthless as his title to the realty.
from the liens existing against his property, -Id.
which might be enforced after his discharge.

Defendant could not be heard to say by way
Wills v. Ė. K. Wood Lumber & Mill Co., 154 P. of defense that he had given certain property

for the stock, where it appeared that after be-

coming president of the bank he converted such

property to his own use.-Id.
See Constitutional Law, w 296; Escheat,

Where, in a suit by the superintendent of
2, 3, 8; Statutes, Ow107.

banks for the unlawful conversion of bank stock,

it appeared that defendant had restored the

equivalent of that which he had unlawfully re-

ceived, and that the bank had not lost by the

transaction, plaintiff was not entitled to recov-
(B) Capital, Stock, and Dividends.

er for such conversion.-Id.
39 (Or.) Under L. O. L. $ 4569, held, that That the books of an insolvent bank showed an
an attempted surrender of bank stock by a apparently regular sale of stock for its reason-
stockholder, who had given the worthless assets able value when in fact the property exchanged
of another bank in exchange therefor, did not therefor was worthless, and that defendant had
give the bank title to the stock or authorize it secured an apparently regular release of liabil-
to reissue same.--Sargent v. American Bank & ity which in fact was unauthorized and fraudu-
Trust Co. of Portland, 154 P. 759.

lent, held to authorize a suit in equity by the
superintendent of banks; there being no ade-

quate remedy at law.-Id.

In a suit by the superintendent of banks See Evidence, 441; Insurance, 187;
against a stockholder of an insolvent bank for Novation, 4.
the value of stock issued to him in exchange for
practically worthless property, a bond signed by IV. NEGOTIABILITY AND TRANSFER.
another stockholder and the bank, indemnifying
defendant against liability to stockholders of the

(A) Instruments Negotiable.
bank, constituted no defense.-Id.

Om 165 (Ariz.) The negotiability of a note held
It was not necessary to make all the stock- not affected under Civ. Code 1913, pars. 4146,
holders parties.-Id.

4148, by the addition of a notation for payment
It was no defense that other stockholders had under contract of even date.-Slaughter v. Bank
failed to pay in full for their stock.-Id.

of Bisbee, 154 P. 1040.
A plea" in abatement alleging that plaintiff
was suing another party for a subscription for emo!?! (Okl.) A special indorsement retaining
the same stock, was not available, though such

an interest on the payment of the note held to
fact might be considered as evidence of an ad- destroy the negotiability of the note transfer-
mission by plaintiff that such other party, and red.-Keisel v. Baldock, 154 P. 1194.
not defendant, was the person liable.-Id.

(E) Insolvency and Dissolution.

77 (Okl.) A suit to collect a note taken over

(D) Bona Fide Purchasers.
by the bank commissioner as part of an insol-m335 (Okl.) Under Rev. Laws 1910, $ 4102,
vent bank's assets should be brought in the the buyer of a note takes subject to defenses
name of the state on relation of the commission arising from infirmities of which he has notice
er.--Bailey v. Lankford, 154 P. 672.

when he buys.-Keisel v. Baldock, 154 P. 1194.
After an insolvent bank has been taken over
cannot acquire by assignment the claims of de- put an ordinarily prudent person on inquiry
by the bank commissioner, a debtor of the bank m. 342 (Okl.) The indorsee of a note bearing

on its face such marks of infirmity as would
positors and plead them as a set-off against his takes subject to defenses arising from such in-
own debt.--Id.

firmities.-Keisel v. Baldock, 154 P. 1194.

A special indorsement retaining an interest,

held to put a purchaser of the note transferred
(C) Deposits.

on inquiry as to the indorser's interest and
wo 134 (Okl.) A bank may charge to a de- prevent the purchaser from being a bona fide
positor's account a third person's checks, not holder in due course within Rev. Laws 1910,
purporting to be drawn for such depositor or

$ 4102.-Id.
against such account, only on actual direction Ow346 (Okl.) A purchaser of a note containing
of the depositor.-Madill State Bank v. Weaver, a special indorsement giving him notice of an
154 P. 478.

interest retained by the indorser held liable to

the indorser for the amount of such interest.-

Keisel v. Baldock, 154 P. 1194.
0270 (Okl.) An action against a national Fm373 (Or.) Where note
bank for double the usurious interest paid, be through fraud, the payee's transferee cannot re-
ing governed by Rev. St. U. s. g 5198 (U. S. cover unless a purchaser in good faith with-
Comp. St. 1913, § 9759), not by Rev. Laws out notice.-Sink v. Allen, 154 P. 415.
1910, § 1005, it is not necessary to allege and
prove demand for return of the usury claimed.

-Pauls Valley Nat. Bank v. Mitchell, 154 P. 496 (Okl.) One in possession of a note pay-

able to his order is presumed to be the owner
280 (Okl.) A petition by a creditor, alleging and holder of same for value.-Ringer v. Wil-
that a national bank as principal creditor of son, 154 P. 1145.
an insolvent merchant had taken over the mer- w 497 (Or.) Where it is shown that the origin-
chant's stock and agreed to pay all creditors al payee procured a note through fraud, the
subject to a condition which had been fulfilled, holder has the burden of showing that he ac-
held to state a cause of action against the bank. quired it in good faith for value and without
- Parker Gordon Cigar Co. v. First Nat. Bank notice. Sink v. Allen, 154 P. 415.
of Claremore, 154 P. 1153.

w 520 (Or.) Evidence held to show that the

note was procured by fraud.--Sink v. Allen, 154

P. 415.
See Divorce, 171; Judgment, Om569-621. Ow525 (Kan.) Evidence, in an action on a note

given real estate agents for a commission, held

to sustain a finding that plaintiff was not a

holder in due course without notice of infirm-
See Assault and Battery.

ities, where it appeared that he had acted as

attorney for payees in a conference in which
BENEFICIAL ASSOCIATIONS. the maker's attorney claimed want of considera-

tion and fraud of payees.--Brice v. Hawk, 154
See Building and Loan Associations; Insur- P. 273.
ance, Cm755-825; Taxation, Em241.

525 (Or.) In an action on a note procured

through fraud, evidence held to show that the

'holder was not a bona fide purchaser for value

without notice.--Sink v. Allen, 154 P. 415.
See Insurance, 788, 825.

Om537 (Utah) In an action by a bank, holder

of a note given for the price of a piano, evidence

held insufficient to support a nonsuit on the
See Wills.

grounds that the payee of the note made false

and fraudulent representations that he was the
BEST AND SECONDARY EVIDENCE. take the note in his own name or to sell or in-

owner of the piano, that he had no authority to
See Criminal Law, Ow403; Ewdence, em 159 dorse it, etc.-Utah Banking Co. v. Oler, 154 P.


See Exceptions, Bill of.

See Deeds, Omm 32.




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