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(B) Affirmance.

1127 (Cal.) A motion to affirm, amounting to an advancement of the hearing of the appeal, without good reason therefor, will be denied.Chino Land & Water Co. v. Hamaker, 154 P. 850.

(C) Modification.

1151 (Wash.) In a death action under the federal Employers' Liability Act tried without a jury, held that, as it is tried de novo, on appeal, the Supreme Court may make deduction for the contributory negligence of deceased and affirm.-Anest v. Columbia & P. S. R. Co., 154 P. 1100.

1153 (Cal.App.) Failure of a judgment in suit to rescind contract for exchange of jack for horse, to provide for return of the jack on satisfaction of the money judgment, could be corrected by judgment rendered on the appeal, without remand.-Coats v. Hord, 154 P. 491.

(D) Reversal.

1170 (Ariz.) The filing of an unnecessary reply is a technical defect which will not, under Const. art. 6, § 22, warrant reversal.Crane v. Franklin, 154 P. 1036.

170 (Cal.App.) Under Const. art. 6, § 42, denial to an attorney, defendant in the cause, who was represented by an attorney of record and would testify in his own behalf, of leave to cross-examine a witness, held not reversible error.-Carter v. Holt, 154 P. 37.

(G) Jurisdiction and Proceedings of Appellate Court After Remand.

1221 (Utah) After reversal on defendants' appeal and remand to the trial court with directions to enter judgment for defendants, the Supreme Court had jurisdiction to amend its judgment to make it conform to the opinion of the majority of the court where there was a difference between the opinion and the judgment.-Mountain Lake Mining Co. v. Midway Irr. Co., 154 P. 584.

XVIII. LIABILITIES ON BONDS AND

UNDERTAKINGS.

declare a trust in land, to secure stay of execu1234 (Cal.App.) A bond, given in a suit to enable defendant to collect the rents pending tion of an order appointing a receiver and to her appeal from such order, held intended to indemnify plaintiff, if final judgment on the merits was eventually obtained by him, against any damage resulting from the defendant's collection of rents pending her appeal from the order appointing a receiver.-Borges v. Hillman, 154 P. 1075.

1237 (Wash.) Under Rem. & Bal. Code, § 1739. providing that, on affirmance of a money judgment, judgment shall be rendered against the appellant and his sureties for the amount of the judgment appealed from, and for damages and costs on the appeal, the plaintiff, who secured a judgment for personal injuries, was entate of the deceased surety on a supersedeas titled to a summary judgment against the esbond.-Olson v. Seldovia Salmon Co., 154 P.

1107.

1170 (Okl.) Rulings on evidence held not to require a reversal under Rev. Laws 1910,. § 6005, where it appeared that there was no miscarriage of justice or substantial violation of any statutory or constitutional right.-Link-1239 (Cal.App.) Plaintiff, in action in which hart v. Kirkhart, 154 P. 645. a receiver was appointed and in which defendfrom such order, could maintain an action ant therein gave bond to pay costs on appeal against the sureties on such bond before final judgment in the action in which the receiver was appointed, where the order appointing the receiver was affirmed on the appeal from it.Borges v. Hillman, 154 P. 1075.

1175 (Idaho) Though the verdict in replevin is in the alternative and the judgment makes no provision for return of the property, the case will not be remanded if it clearly appears that return cannot be had.-Cady v. Keller, 154 P. 629.

1175 (Okl.) In purely equitable cases the Supreme Court may consider the entire record, and, if the judgment is clearly against the evidence, may render or cause to be rendered such judgment as should have been rendered below. -Jones v. Thompson, 154 P. 1139.

1240 (Wash.) Where, pending entry of decree of affirmance on appeal, surety on supersedeas bond died, the judgment creditor could proceed against his estate as a principal obligor, for as between obligors and obligee all of the former are principal debtors, though as between themselves they enjoy the relation of principal and surety.-Olson v. Seldovia Salmon Co., 154 P. 1107.

1177 (Cal.App.) Where, in a proceeding to establish title to land, it was found that plaintiff's tax title was invalid, the appellate court, no finding having been made, should not deter-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 appointment though the judgment in the main action had not become final so that the court had not discharged the receiver when the suit was brought.-Borges v. Hillman, 154 P. 1075.

1178 (Cal.) While Code Civ. Proc. § 1714, abolished new trials in probate proceedings except in will contests, an appellate court may, on appeal from a decree of distribution, order the doing of anything which the probate court should have done in the exercise of its jurisdiction.-In re Vanderhurst's Estate, 154 P. 5.

(F) Mandate and Proceedings in Lower

Court.

189 (N. M.) Under Supreme Court rule 15 (154 Pac. xxxviii), held, that the clerk should issue a mandate on request where all costs have been paid by either party, and not withhold same until an appellee against whom judgment for costs has been entered in the Supreme Court satisfies such judgment.-Thayer v. Denver & R. G. R. Co., 154 P. 691.

1195 (Utah) Holding on former appeal that contract between parties was evidenced by telegrams, and that agreement of third party was neither authorized nor ratified by defendant, held the law of the case on retrial.-Tyng v. Constant-Loraine Inv. Co., 154 P. 767.

Under Code Civ. Proc. §§ 939. 1049, touching the time for appeals, and providing that an action is pending from commencement until the time for appeal has passed, an action against the sureties on the bond of defendant in a suit given to secure a stay of execution of an order appointing a receiver, etc., held prematurely brought within six months after judgment in the main action.-Id.

APPEARANCE.

See Corporations, 508; Justices of the
Peace, 84, 161.

9 (Okl.) The filing of a motion setting forth both jurisdictional and nonjurisdictional grounds for dismissal held a general appearance, though denominated a special appearance.-St. Louis Cordage Mills v. Western Supply Co., 154 P. 646.

1213

(Utah) Filing a general demurrer constitutes a general appearance.-McMillan v. Forsythe, 154 P. 959.

10 (Okl.) Filing of answer claiming damages after overruling of special appearance, held a general appearance waiving any error in overruling a special appearance.-Hamra v. Fitzpatrick, 154 P. 665.

19 (Kan.) Defendants appearing by counsel to resist the granting of a temporary injunction are in court for all purposes without issuance of summons.-Arment v. Dodge City, 154 P. 219.

24 (Mont.) Under Rev. Codes, § 6526, a general appearance must be voluntary to constitute a waiver of defective service of process.State v. District Court of Second Judicial Dist. in and for Silver Bow County, 154 P. 200.

Where defendant, resident of another state, served with summons while in the state to attend court as a witness, made proper objection and exception, and in his answer again reserved the question, he did not by general appearance waive his right to object to the jurisdiction.-Id.

APPLICATION.

See Corporations, 590; Payment, 47.

APPOINTMENT.

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20 (Okl.) A written contract of sale of land for $2,500, $1 cash in hand and the remainder to be paid within two years, subject to an existing mortgage of $1,200, held assignable.Marker v. Gillam, 154 P. 351.

(B) Mode and Sufficiency of Assignment.

48 (Wash.) Though a contract for completion of a public improvement, which required the contractor to pay the debts of his predecessor, did not warrant a city in paying claims, yet, on payment, the city became the owner by process of equitable assignment.-Paul v. City of Vancouver, 154 P. 453.

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Where a public contractor was allowed to urge all defenses to claims good as against his predecessor, payment of which he assumed, held, the claims, and deducted the amount thereof from the contract price.-Id.

See Executors and Administrators, 20; Of- that he was not harmed because the city paid ficers, 7; Trusts, 160.

APPORTIONMENT.

See Municipal Corporations, 466; Taxation, 299.

APPROPRIATION.

IV. ACTIONS.

129 (Okl.) Where a written contract of sale of land was assigned as collateral security for faithful performance of a building contract by the assignor, the assignee could sue the

See States, 130-132; Waters and Water original vendor for breach of the contract of Courses, 152.

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sale, without making the assignor a party.Marker v. Gillam, 154 P. 351.

ASSIGNMENTS FOR BENEFIT OF CREDITORS.

I. REQUISITES AND VALIDITY. (A) Nature and Essentials of Trusts for Creditors.

34 (Or.) An assignment for the benefit of creditors, where it is fair and without fraud, is valid, though the effect of the assignment is to hinder and delay some creditors.-Sabin v. Chrisman, 154 P. 908.

II. CONSTRUCTION AND OPERATION IN GENERAL.

174 (Or.) Whether the property in the possession of the agent of an assignee for benefit of creditors was the property intended to be assigned held, under the evidence, for the jury. -Sabin v. Chrisman, 154 P. 908.

175 (Or.) An assignment of the goods of a merchant held sufficient to include a stock of stoves, the property being described as general merchandise, this being true though the merchant had two stores.-Sabin v. Chrisman, 154 P. 908.

ASSOCIATIONS.

See Building and Loan Associations; Insurance, 755-825.

ASSUMPSIT, ACTION OF.

See Account Stated; Money Received; Work and Labor.

ASSUMPTION OF RISK.

212;

See Master and Servant, 217-226, 288, 295.

ASYLUMS.

See Evidence, 441.

ATTACHMENT.

See Execution; Exemptions; Garnishment.

VI. PROCEEDINGS TO SUPPORT OR
ENFORCE.

209 (Or.) An affidavit for publication of
summons on attachment of land must allege
that the defendant has property within the
state, in order to give the court jurisdiction.-
Leslie v. McNeil, 154 P. 884.

XI. WRONGFUL ATTACHMENT.

365 (N.M.) Independently of any bond, the
attaching plaintiff is liable jointly with the
attaching officer for levy on a stranger's proper-
ty where he either directs or ratifies the levy.
-Murry v. Belmore, 154 P. 705.

91,
20;

ATTORNEY AND CLIENT.
See Amicus Curiæ; Appeal and Error,
1060; Certiorari, 5; Continuance,
Corporations, 508; Criminal Law,
706, 730; Evidence, 419, 424, 441; Ex-
ecutors and Administrators, 111; Gar-
nishment, 225; Husband and Wife,
82; Justices of the Peace, 84; Malicious
Prosecution; Mortgages, 581; Trial,
1082-133.

I. THE OFFICE OF ATTORNEY.
(C) Suspension and Disbarment.
39 (Cal.App.) An attorney cannot be dis-
barred solely on a record of conviction, where
he has been pardoned.-In re Emmons, 154 P.
619.

II. RETAINER AND AUTHORITY.

attorney, defended on the ground that they had
been rendered gratuitously, evidence held to sus-
tain a verdict for defendant.-Cadle v. Black,
154 P. 997.

167 (Wyo.) In an attorney's action to re-
cover for services, instruction relating to his
statements to a third person acting for defend-
ant held as favorable to plaintiff as he was en-
titled to under the evidence.-Cadle v. Black,
154 P. 997.

In attorney's action for services, instruction
as to his statement after his services that there
would be no charge therefor held not to prevent
jury from considering any such statement they
believed in determining plaintiff's original in-
tention, or whether his services were offered
and rendered gratuitously.-Id.

In an attorney's action to recover for serv-
ices rendered to defendant, a requested instruc-
tion that plaintiff would not be bound by any
statements as to the charge of his services, made
to a third party acting in the interest of the
defendant, held properly refused as misleading.
-Id.

(B) Lien.

192 (Wash.) Under power to determine the
questions affecting a judgment as between par-
ties properly before it, the court can adjudicate
an attorneys' lien thereon provided for by
Rem. & Bal. Code, § 136.-State v. Superior
Court for King County, 154 P. 603.

Where, after recovery of judgment by a re-
ceiver and substitution of new receiver and at-
torney, the attorneys for the first receiver filed
a lien on the judgment, motion to strike lien
for invalidity held properly overruled where all
the court.-Id.
parties affected by the judgment were not before

ATTRACTIVE NUISANCE.

See Negligence, 39.

AUTHENTICATION.

75 (Cal.) Where judgment in stockholder's
action was to be reversed, motion for substitu-
tion of other attorneys for the corporation held See Criminal Law, 1105.
to be denied without prejudice to its renewal
in the trial court.-Whitten v. Dabney, 154 P.
312.

88 (Cal.App.) Where an attorney who was
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
witness, it appearing that he would be a wit-
ness in his own behalf, the court properly de-
nied him the right to cross-examine.-Carter v.
Holt, 154 P. 37.

101 (Okl.) Where an attorney's authority
to compromise an action is in issue, the burden
is on the party asserting the compromise to
show authority or ratification.-Hamberger v.
White, 154 P. 576.

An attorney cannot, without specific author-
ity, compromise a pending action.-Id.

AUTHORITY.

See Affidavits, 5; Principal and Agent,
93-132.

AUTOMOBILES.

See Bailment, 14; Husband and Wife,
102, 268, 270; Master and Servant, 871⁄2;
Municipal Corporations, 706; Railroads,
330.

BAIL.

II. IN CRIMINAL PROSECUTIONS.

49 (Okl.Cr.App.) On a hearing of an appli-
cation for admission to bail after commitment
for a capital offense, to determine whether the
proof of guilt is evidence or the presumption
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.

IV. COMPENSATION AND LIEN OF

ATTORNEY.

(A) Fees and Other Remuneration.

130 (Wyo.) Where plaintiff, an attorney,
offered his services to defendant without charge,
and they were accepted by the defendant upon
that understanding, plaintiff was not entitled to
recover. Cadle v. Black, 154 P. 997.

73 (Kan.) Under Cr. Code, § 146 (Gen. St.
1909, § 6722), where money is deposited by a
third person in lieu of bail and the accused has
been surrendered, the money should be returned
Reno County, 154 P. 257.
to the owner.-Campbell v. Board of Com'rs of

A declaration of forfeiture made by the dis
trict court for nonappearance of accused after
his surrender by a person who had deposited
money in lieu of bail held not to estop such per-
son from suing to recover the deposit where he
was not a party to and had no notice of the
proceeding wherein the forfeiture was declared.
-Id.

143 (Or.) Where plaintiff was retained as at-
torney by defendants at regular monthly salary,
promise of substantial reward for his best ef-
forts if defendants' ventures should prove suc-
cessful, was without consideration.-Muir v.80 (Kan.) That accused had been placed
Morris, 154 P. 117.
under arrest by another officer for commission
of another offense shortly before he was sur-
rendered by a third person who had deposited

166 (Wyo.) In an action to recover an
amount alleged to be due for services as an

money in lieu of bail for his appearance, held
not to render the attempted surrender invalid.
Campbell v. Board of Com'rs of Reno County,
154 P. 257.

That neither the sheriff nor his deputy ac-
knowledged in writing, under Cr. Code, § 150
(Gen. St. 1909, § 6726), the surrender of ac-
cused by a person who had deposited money in
lieu of bail for the appearance of accused held
not to make the surrender invalid where it was
accepted and custody of accused taken by the
deputy sheriff, to whom he was surrendered.
-Id.
BAILMENT.

See Embezzlement; Larceny, 15.

14 (Wash.) An inexperienced person, a
prospective purchaser of an automobile, learn-
ing to drive it in the presence of and under the
tuition of an experienced man, cannot be held
liable to the owner for injury to it, unless there
is positive negligence.-Bertrand v. Hunt, 154
P. 804.

BALLOTS.

See Elections, 186, 194.

BANKRUPTCY.

See Assignments for Benefit of Creditors.

I. CONSTITUTIONAL AND STATU-
TORY PROVISIONS.

9 (Or.) The national Bankruptcy Act sus-
pended state laws concerning assignments for
the benefit of creditors, leaving such assign-
ments to be governed by the common law.-Sa-
bin v. Chrisman, 154 P. 908.

III. ASSIGNMENT, ADMINISTRATION,
AND DISTRIBUTION OF BANK-
RUPT'S ESTATE.

(C) Preferences and Transfers by Bank-
rupt, and Attachments and
Other Liens.

207 (Cal.App.) Under Bankr. Act, §§ 67b,
67c, and 67f, held, that judgment within four
months of bankruptcy was dissolved as a pref-
erential lien in favor of creditor and recognized
and preserved as a lien for the benefit of all the
creditors.-Wills v. E. K. Wood Lumber &
Mill Co., 154 P. 613.

Order on petition of trustee in bankruptcy, au-
thorizing judgment creditor whose lien had been
dissolved in the name of the trustee and for the
benefit of the estate to proceed to annul bank-
rupt's conveyance to plaintiff, his wife, held to
authorize creditor to proceed as it might deem
best, or in the name of the trustee.-Id.

V. RIGHTS, REMEDIES, AND DIS-
CHARGE OF BANKRUPT.

433 (Cal.App.) A bankrupt's discharge re-
leases him from personal liability only, and not
from the liens existing against his property,
which might be enforced after his discharge.-
Wills v. E. K. Wood Lumber & Mill Co., 154 P.
613.

BANKS AND BANKING.

See Constitutional Law, 296; Escheat,
2, 3, 8; Statutes, 107.

II. BANKING CORPORATIONS AND

ASSOCIATIONS.

(B) Capital, Stock, and Dividends.
39 (Or.) Under L. O. L. § 4569, held, that
an attempted surrender of bank stock by a
stockholder, who had given the worthless assets
of another bank in exchange therefor, did not
give the bank title to the stock or authorize it
to reissue same.-Sargent v. American Bank &
Trust Co. of Portland, 154 P. 759.

A subscriber to the stock of a bank must use
the utmost good faith to see that what he gives
in exchange is equal to the par value of the
stock.-Id.

Under L. O. L. § 4571, held, that an attempt-
ed payment for bank stock in realty was unau-
thorized and amounted to no payment, except
to the extent that the proceeds of the attempted
payment swelled the bank's assets. Id.
A release of a purchaser of bank stock from
liability, when executed by the manager and
cashier of the bank without authority of the
board of directors or stockholders, held void.
-Id.

(C) Stockholders.

47 (Or.) In a suit by the superintendent of
banks held, that the fact that defendant's stock
represented reissued stock unlawfully bought by
the bank, did not render defendant any the less
a subscriber liable for whatever he had not paid
on the stock.-Sargent v. American Bank &
Trust Co. v. Portland, 154 P. 759.

48 (Or.) A transfer of bank stock to an-
other by defendant who had given practically
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
fact a retransfer to the bank.-Sargent v. Amer-
ican Bank & Trust Co. of Portland, 154 P. 759.

49 (Cal.) St. 1909, p. 87, entitled "An act
to define and regulate the business of banking,"
by section 136, gives the superintendent of
banks no authority to enforce the liability of a
stockholder to a creditor fixed by Const. art. 12,
§ 3, and made available to the creditor by Civ.
Code, § 322.-Williams v. Carver, 154 P. 472.

St. 1909, pp. 87, 115, § 136, providing that
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
upon assessments or nonpayment of subscrip-
tions to the corporate capital.-Id.

49 (Or.) Under L. O. L. § 4586, as amend-
ed by Laws 1911, p. 244, held, that the superin-
tendent of banks, liquidating its affairs, could
sue defendant for the value of stock transferred
to him for a worthless title to realty, and for
the value of other stock converted by him.-
Sargent v. American Bank & Trust Co. of Port-
land, 154 P. 759.

Fraudulent and unauthorized acts of bank
held not a defense.-Id.

In a suit by the superintendent of banks for
the value of stock for which defendant had giv-
defense that defendant had caused part of the
en practically worthless property, it was no
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-
vent, he could say in defense that the bank
stock was as worthless as his title to the realty.
Id.

Defendant could not be heard to say by way
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.

Where, in a suit by the superintendent of
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-
er for such conversion.-Id.

That the books of an insolvent bank showed an
apparently regular sale of stock for its reason-
able value when in fact the property exchanged
therefor was worthless, and that defendant had
secured an apparently regular release of liabil
ity which in fact was unauthorized and fraudu-
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
against a stockholder of an insolvent bank for
the value of stock issued to him in exchange for
practically worthless property, a bond signed by
another stockholder and the bank, indemnifying
defendant against liability to stockholders of the
bank, constituted no defense.-Id.

It was not necessary to make all the stock-
holders parties.-Id.

It was no defense that other stockholders had
failed to pay in full for their stock.-Id.

A plea in abatement alleging that plaintiff
was suing another party for a subscription for
the same stock, was not available, though such
fact might be considered as evidence of an ad-
mission by plaintiff that such other party, and
not defendant, was the person liable.-Id.

(E) Insolvency and Dissolution.

BILLS AND NOTES.

1216

See Evidence, 441; Insurance, 187;
Novation, 4.

IV. NEGOTIABILITY AND TRANSFER.
(A) Instruments Negotiable.
not affected under Civ. Code 1913, pars. 4146,
~165 (Ariz.) The negotiability of a note held
under contract of even date.-Slaughter v. Bank
4148, by the addition of a notation for payment
of Bisbee, 154 P. 1040.

171 (Okl.) A special indorsement retaining
an interest on the payment of the note held to
destroy the negotiability of the note transfer-
red.-Keisel v. Baldock, 154 P. 1194.

V. RIGHTS AND LIABILITIES ON IN-
DORSEMENT OR TRANSFER.

(D) Bona Fide Purchasers.

77 (Okl.) A suit to collect a note taken over
by the bank commissioner as part of an insol-335 (Okl.) Under Rev. Laws 1910, § 4102,
vent bank's assets should be brought in the
name of the state on relation of the commission-
er.-Bailey v. Lankford, 154 P. 672.

After an insolvent bank has been taken over

by the bank commissioner, a debtor of the bank
cannot acquire by assignment the claims of de-
positors and plead them as a set-off against his
own debt.-Id.

III. FUNCTIONS AND DEALINGS.
(C) Deposits.

134 (Okl.) A bank may charge to a de-
positor's account a third person's checks, not
purporting to be drawn for such depositor or
against such account, only on actual direction
of the depositor.-Madill State Bank v. Weaver,
154 P. 478.

IV. NATIONAL BANKS.

270 (Okl.) An action against a national
bank for double the usurious interest paid, be-
ing governed by Rev. St. U. S. § 5198 (U. S.
Comp. St. 1913, § 9759), not by Rev. Laws
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.
1188.

the buyer of a note takes subject to defenses
arising from infirmities of which he has notice
when he buys.-Keisel v. Baldock, 154 P. 1194.

342 (Okl.) The indorsee of a note bearing
on its face such marks of infirmity as would
put an ordinarily prudent person on inquiry
takes subject to defenses arising from such in-
firmities.-Keisel v. Baldock, 154 P. 1194.

A special indorsement retaining an interest,
held to put a purchaser of the note transferred
on inquiry as to the indorser's interest and
prevent the purchaser from being a bona fide
holder in due course within Rev. Laws 1910,
§ 4102.-Id.

346 (Okl.) A purchaser of a note containing
a special indorsement giving him notice of an
interest retained by the indorser held liable to
the indorser for the amount of such interest.—
Keisel v. Baldock, 154 P. 1194.

373 (Or.) Where a
through fraud, the payee's transferee cannot re-
note was procured
cover unless a purchaser in good faith with-
out notice.-Sink v. Allen, 154 P. 415.

VIII. ACTIONS.

496 (Okl.) One in possession of a note pay-
and holder of same for value.-Ringer v. Wil-
able to his order is presumed to be the owner
son, 154 P. 1145.

280 (Okl.) A petition by a creditor, alleging
that a national bank as principal creditor of
an insolvent merchant had taken over the mer-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.

BAR.

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520 (Or.) Evidence held to show that the
note was procured by fraud.-Sink v. Allen, 154
P. 415.

525 (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-
ities, where it appeared that he had acted as
attorney for payees in a conference in which
the maker's attorney claimed want of considera-
P. 273.
tion and fraud of payees.-Brice v. Hawk, 154

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.

537 (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
grounds that the payee of the note made false
and fraudulent representations that he was the
take the note in his own name or to sell or in-
owner of the piano, that he had no authority to
dorse it, etc.-Utah Banking Co. v. Oler, 154 P.
781.

See Deeds, 32.

BLANKS.

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