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money in lieu of bail for his appearance, held | A subscriber to the stock of a bank must use
board of directors or stockholders, held void.
Cu 47 (Or.) In a suit by the superintendent of
Om48 (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,
" T$ 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
the superintendent of banks may enforce the in-
dividual liability of the stockholders, only au-
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.
O 49 (Or.) Under L. O. L. $ 4586, as amend-
ed by Laws 1911, p. 244, held, that the superin-
1 to him for a worthless title to realty, and for
Sargent v. American Bank & Trust Co. of Port-
land, 154 P. 759.
Fraudulent and unauthorized acts of bank
the held not a defense.--Id.
In a suit by the superintendent of banks for
en practically worthless property, it was no
defense that defendant bad 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-
| Defendant could not be heard to say by way
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.
| lent, held to authorize a suit in equity by the
un interest on
superintendent of banks; there being no ade-
BILLS AND NOTES.
In a suit by the superintendent of banks See Evidence, 441; Insurance, 187;
(A) Instruments Negotiable.
om 165 (Ariz.) The negotiability of a note held
4148, by the addition of a notation for payment
of Bisbee, 154 P. 1040.
en 171 (Okl.) A special indorsement retaining
anade 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.
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
I 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
| holder in due course within Rev. Laws 1910,
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.
C.373 (Or.) Where a note was procured
through fraud, the payee's transferee cannot re-
cover unless a purchaser in good faith with-
out notice.-Sink v. Allen, 154 P. 415.
able to his order is presumed to be the owner
1 497 (Or.) Where it is shown that the origin-
that he ac-
quired it in good faith for value and without
notice.—Sink v. Allen, 154 P. 415.
520 (Or.) Evidence held to show that the
note was procured by fraud.--Sink v. Allen, 154
525 (Kan.) Evidence, in an action on a note
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-
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.
mm 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
owner of the piano. that he had no authority to
take the note in his own name or to sell or in-
dorse it, etc.--Utah Banking Co. v. Oler, 154 P.
On 63 (Cal.App.) Where defendant agreed to
take a loan of $26,000 from any party, if ne-
gotiated, and to pay plaintiff loan broker a
commission of 712 per cent. on the amount, and
and then refused to pay the commission, or re-
cured by plaintiff broker, defendant broke its
contract.–Hughes v. Chung Sun Tung Co., 154
commission for procuring a contract for the ex-
change of certain properties where it appeared
that the contract had been fraudulently altered
I. REQUISITES AND VALIDITY. V. ACTIONS FOR COMPENSATION.
the property at $3,500 to be entitled to a com-
mission.-Rance y. Robinson Inv. Co., 154 P.
tify submission to the jury of the issue whether
a broker's contract to sell real estate for a com-
mission was subsequently altered to waive the
commission in case of sale for cash.-Payzant v.
Caudill, 154 P. 170.
BUILDING AND LOAN ASSOCIA-
Cu 26 (Okl.) Under Laws Colo. 1897, p. 125, 8
6, a Colorado building and loan association may
loan its accumulations to members on plan of
repayment provided for in its by-laws, and may
contract for and recover a premium on plan as
other evidence of debt, which notes shall be in
form nonnegotiable.—Legg v. Midland Savings
& Loan Co., 154 P. 682
Colorado. and. if valid there and not violati
of the public policy of such territory, is enforce-
43 (Or.) By direct provision of L. O. L., & Loan Co., 154 P. 682.
50 (Cal.App.) An option to sell realty given 682.
198; Master and Servant, mw 316, 318,
nie. was broken into in the nighttime between sun-
set and sunrise, as defined by Rev. Laws, $
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER
ally to be apprehended.-McGilchrist v. Port.
land, E. & E. Ry. Co., 154 P. 419.
Omw 303 (Wash.) A street car conductor's an-
nouncement of a stopping place is not of itself
an invitation to a passenger to alight before the
car comes to a full stop, and does not show that
the conductor intended or had any reason to be-
lieve that the passenger would alight before the
Where a passenger, on announcement of her
stopping place went to the platform, stood ir
the doorway, and stepped from the car while it
was slowly coming to a stop, the conductor's
failure to warn her that the car was in motion
death of an alleged passenger from slipping on
318 (Mont.) Evidence in a passenger's ac-
tion for personal injury when his train was de-
railed held to show a causal connection between
the derailment and his wrist-drop and minor in-
juries and to establish liability for the damages.
-Freeman v. Chicago, M. & St. P. Ry, Co., 154
show any negligence on the part of the defend-
ant.--Sumner v. Grays Harbor Ry. & Light
Co., 151 P. 126.
by a carrier tends to rebut the presumption of
negligence arising from a derailment, its utmost
to raise a question for the jury-Freeman v.
Chicago, M. & St. P. Ry. Co., 154 P. 912.
(E) Contributory Negligence of Person
senger to alight a short distance from the usual
place for discharge of passengers, and passed
around the rear end of the car, and was struck
tion opposite to that of the car from which he
l alighted, held guilty of contributory negligence
as a matter of law.-Galloway v. Hutchinson
Interurban Ry. Co., 154 P. 238.
347 (Or.) It cannot be said as matter of
car, but the circumstances and the speed of the
car make it a question for the jury.-McGil-
christ v. Portland, E. & E. Ry. Co., 154 P. 419.
348 (Or.) In action for personal injury
By carrier, see Carriers, 12, 19612.
By telephone companies, see Telegraphs and
To jury, see Trial, em 194–295.
m20 (Or.) Under will devising realty to es-
tablish home for wayward girls, with reversion
to Churches of Christ Scientist, it was not in-
tended that there should be any legal connection
between the churches and the Mother Church,
and not necessary that such relation appear in
their articles of incorporation, if otherwise
shown.-Carson v. Schulderman, 154 P. 903.
See Municipal Corporations, 47, 958.
See Evidence, Cw441.
I. REQUISITES AND VALIDITY.
(A) Nature and Essentials of Transfers of
Chattels as Security.
mw 5 (Kan.) An assignment of the proceeds of
a contract due and to become due for furnish-
ing materials and labor to a building contractor
held not a chattel mortgage requiring registra-
tion to be valid against a garnisheeing creditor.
-Hall v. Kansas City Terra Cotta Co., 154 P.
6 (Idaho) Whether the instrument sued on
was a conditional sale note or a chattel mort-
gage, and whether plaintiff mistook his remedy
in seeking to have it decreed to be a chattel
mortgage and foreclosed, depended on the agree.
ment of the contracting parties and their in-
-Keane v. Kibble, 154 P. 972.
38 (Idaho) Under Rev. Codes, $ 3392, held,
that the fact that a transfer was made subject
(D) Lien and Priority.
Om 136 (Wash.) The lien of mortgage on crop
was not lost when mortgagee sought judgment
on its debt and obtained a foreclosure, result-
Fling in a deficiency judgment, and the mortgagee
18 might proceed against one who had converted
part of crop.-German-American State Bank v.
Seattle Grain Co., 154 P. 443.
The judgment for the debt did not operate as
a waiver or a release of the security.-Id.
em 138 (Wash.) The rights of the holder of a
chattel mortgage on a crop were superior to any
German-American State Bank v. Seattle Grain
138 (Wash.) Under Rem. & Bal. Code, $8
1188, 1190, 1190a, 1181, giving farm laborer
lien on crops produced, plaintiff, having an ad-
judicated lien, held entitled to damages against
defendant, the mortgagee of the crop, who had
received the crop, commingled it in nine ware-
houses, and sold it by negotiable warehouse re-
ceipts.-Hubbard v. Johnson, 154 P. 457.
the year was void as between the grantee and