EXPRESS COMPANIES—Continued.

press company, must be furnished to another. Wells, Fargo & Co. v. Oregon
R. & N. Co., xvi. 87.

Decree ordering railroad company to carry for express company at reasonable
rates, and fixing for time being maximum reasonable rates, is appealable. St.
Louis, I. Mt. & S. Ry. Co. v. Southern Express Co., xvi. 95.

Party transmitting money to owner may recover for loss thereof. Snider v.
Adams Express Co., xvi. 261.

FARES.

See PASSENGERS.

FENCES.

See ANIMALS.

Manager of road owned by commonwealth may be sued for injury caused by
defect in fence. Amstein v. Gardner, xvi. 585.

Expert evidence is not admissible that cattle guard was necessary at certain
point. Amstein v. Gardner, xvi. 585.

When horse escapes through negligence of owner and runs a long way and
then gets on track at unfenced point and is killed at a point still further on,
question of contributory negligence is for jury. Amstein. Gardner, xvi. 585.

FERRIES.

FIRE.

See CARRIERS; EXPRESS COMPANIES.

Company not held liable owing to special terms of contract for goods in stor-
age destroyed by fire. Deming v. Norfolk & W. R. Co., xvi. 232.

FLOODS.

When injury was occasioned by washing away of embankment, evidence that
it was altered in reconstruction is admissible to prove defect in original plan.
Ely o. St. Louis, K. C. & N. R. Co., xvi. 342.

FORECLOSURE.

See MORTGAGE; ReorganizatION.

Claim allowed on bonds issued on account of construction contract to extent
of benefit actually derived thereunder, though contract is tainted by fraud.
Thomas v. Brownville, etc., R. Co., xvi. 557.

FOREIGN CORPORATION.

Process alleging that foreign corporation who was party had authorized agent
resident in State, held, sufficient_to_confer jurisdiction when legal service has
been made. Chaffee v. Rutland R. R. Co., xvi. 408.

Foreign corporation leasing and operating road in State may be garnished for
debt due non-resident employee contracted out of the State. Burlington & M.
R. R. Co. v. Thompson, xvi. 480.

Foreign construction company cannot maintain bill against foreign railroad
company and citizen of State to enforce specific performance of contract to
deliver bonds and stock for work done in foreign State and to restrain by in-
junction negotiation of such bonds, though railroad company has office in State
for transfer of shares and has appeared by attorney. Kansas & E. R. R. C. Co.
v. Topeka, S. & W. R. R. Co., xvi. 495.

FORFEITURE.

Failure of company to run trains to original terminus is not ground for for.
feiture of franchises when discontinuance is caused by act of lessee in adopting
another through route and public at large are not injured. Att'y-Gen❜l ». Erie
& Kalamazoo R. Co., xvi. 652.

FRANCHISES.

Failure of company to run trains to station which is one of original termini
held under circumstances not to warrant court in declaring franchises forfeited,
the public at large not being injured. Att'y-Gen'l v. Erie & Kalamazoo R. Co.,
xvi. 652

FRAUD.

Omission to state value of package is not a fraud, notwithstanding clause in
bill of lading limiting liability of carrier. Adams Express Co. v. Boskowitz,

xvi. 102.

Shipper is bound by fraudulent misrepresentation to carrier as to value of
goods shipped. Graves v. Lake Shore & M. S. R. Co., xvi. 108.

Fraudulent misrepresentation by shipper as to value of goods will discharge
carrier from liability. But shipper is not bound to disclose contents of trunk
shipped by him when not asked. Texas Express Co. v. Scott., xvi. 111.

Sale of unclaimed packages by agent of carrier, held, tainted by fraud. Nathan
Bros. v. Shivers, xvi. 276.

Objection to bill on ground that it is not brought in good faith but collusively,
should be raised by plea in abatement. Dinsmore a Ñ. J. Central R. Co., xvi.

450.

Fact that officials of rival corporation have given aid in preparing case when
bill is filed to annul a lease, will not sustain a charge of collusion and bad faith.
Dinsmore v. N. J. Central R. Co., xvi. 450.

When station agent is at time of siguing of his official bond in default and
indebted on pre-existing agency, it is no fraud for the company to fail to notify
sureties of fact but it is a fraud for them to hold out agent expressly or im-
pliedly as trustworthy and in such case sureties will be discharged. Wilming-
ton, etc., R. Co. v. Ling, xvi. 539.

When two of board of directors take part in contract to construct road and
other contractors enter into agreement with other directors which in effect re-
lieves them from liability on their stock, such contruct is_void at election of
parties affected by fraud: Thomas v. Brownville, etc., R. Co., xvi. 557.

Contract of officers to purchase land and locate line and stations on or near
such land is contrary to public policy and will not be enforced. But when such
lands are bought and sold again and proceeds carried to account of one of par-
ties, others are entitled to appropriate relief. Cook et al. v. Sherman et al., xvi.
561.

In suit for fraud, statute of limitations does not run until fraud is discovered.
In action against assignee in bankruptcy ne will be chargeable with constructive
notice of concealment of fraud by bankrupt, and if fraud was known only to
bankrupt and facts were of such character as to conceal themselves, no proof of
actual concealment by assignee is necessary. Cook et al. v. Sherman et al., xvi.
561.

When title to real estate is taken in name of one person for benefit of several,
with authority to sell and divide proceeds, he occupies fiduciary relation and
cannot buy up interests without making full disclosure of facts. Cook et al. v.
Sherman et al., xvi. 561.

In such case rule requiring rescission of fraudulent contract immediately on
discovery of fraud does not apply. Cook et al. v. Sherman et al., xvi. 561.

Stockholders alone have equity to restrain suit on illegal construction contract
in which officers are interested. Union Pac. R. Co. v. Čredit Mobilier, xvi. 570.
Granting of construction contract to company in which officers were inter
ested held not to be a fraud when stockholders of railroad company had

FRAUD-Continued.

opportunity to become members of construction company. Union Pac. R. Co.
v. Credit Mobilier, xvi. 570.

When corporations have been consolidated by law, court cannot terminate
existence of consolidated company on account of alleged fraud in procuring
consolidation. Terhune . Midland R. R. of N. J., xvi. 665.

FREIGHT.

See CARRIERS; DISCRIMINATION.

GARNISHMENT.

In garnishee proceedings it is no defence that debt of garnishee to defendant
is by laws of State where both reside exempt from seizure under execution pro-
cess. Burlington & M. R. R. Co. v. Thompson, xvi. 480.

Foreign corporation leasing and operating road in State may be garnished for
debt due non-resident employee contracted outside the State. Burlington & M.
R. R. Co. v. Thompson, xvi. 480.

When defendant is at time of service of garnishee process in the garnishee's
employ, the proceedings bind only amount due for services to date and not
amounts subsequently earned under prior contract of employment. Burlington
& M. R. R. Co. v. Thompson, xvi. 480.

HORSE CARS.

See STREET CARS.

ICE AND SNOW.

When passenger in street car after signalling to stop stood on slippery plat-
form without catching hold of rail and was knocked off by jolt, held, that the
question of his contributory negligence was for the jury. Fleck v. Union R.
Co., xvi. 372.

ILLEGAL CONTRACTS.

Where parties enter into illegal contracts they cannot invoke legal relief.
This rule applies irrespective of the degree of guilt. Steever v. Illinois Central
R. Co., xvi. 53.

When two of board of directors take part in contract to construct road and
other contractors enter into agreement with other directors which in effect re-
lieves them from liability on their stock, such contract is voidable at election of
parties affected by fraud. To extent company is benefited by construction of
road under contract same is valid and bonds issued in payment will be sustained.
Thomas v. Brownville, etc., R. Co., xvi. 557.

Contract of officers to purchase land and locate line and stations on or near
such land is contrary to public policy and will not be enforced. Cook et al. v.
Sherman et al., xvi. 561.

When such lands are bought and sold again and proceeds carried to account
of one of the parties, others are entitled to appropriate relief. Cook et al. v.
Sherman et al., xvi. 561.

Stockholders alone have equity to restrain suit on illegal construction contract
in which officers are interested. Union Pac. R. Co. v. Čredit Mobilier, xxi. 570.
Granting of construction contract to company in which officers were inter-
ested held not to be a fraud, when stockholders of railroad company had oppor-
tunity to become members of construction company. Union Pac. R. Co. v.
Credit Mobilier, xvi. 570.

INCORPORATORS.

Original incorporators are not entitled to stock as mere gratuity. They must
subscribe for it as other stockholders. Brown v. Florida Southern R. Co., xvi.

463.

Original incorporators cannot divide up land-grant among themselves. Brown
. Florida Southern R. Co., xvi. 463.

Will issue to compel railroads to afford express facilities. Wells, Fargo &
Co. v. Oregon R. & N. Co., xvi. 71.

Preliminary injunction in suit to annul lease refused. Dinsmore . N. J.
Central R. Co., xvi. 450.

Stockholder may obtain injunction to restrain company from using assets in
excess of corporate powers but he must show due diligence to prevent what is
sought to be restrained. Leo v. Union Pac. R. Co., xvi. 450.

Stockholder may obtain injunction to restrain ultra vires act, though all the
other stockholders assent, but in such case the court will be slow to grant pre-
liminary injunction. Du Pont v. Northern Pac. R. Co., xvi. 456.

When judgment was obtained by passenger against railroad for personal in-
juries and execution was levied on engine, execution will not be enjoined on
application of creditors of partnership of which railroad was member, where
equities are equal and it does not clearly appear that partnership indebtedness
existed when property was taken in execution. Lamoille V. R. R. Co. et al. ».
Bixby & M. & St. J. R. R. Co., xvi. 474.

Stockholders alone have equity to restrain suit on illegal construction contract
in which officers are interested Union Pac. R. Ca. v. Čredit Mobilier, xvi, 570.

INSOLVENCY.

Insolvency of party contracting to construct road does not relieve railroad
company from liability on contract. Same passes to assignees for benefit of
creditors. New England Iron Co. v. Gilbert Elevated R. Co., xvi. 609.

Filing by corporation of certificate that it is nominal organization only for
liquidation, being wholly insolvent, is not conclusive upon it as to question
whether it can perform its contracts. New England Iron Co. v. Gilbert Ele-
vated R. Co., xvi. 609.

INSURANCE.

Upon payment of total loss by insurer, an equitable assignment of claim
against carrier is worked. Suit lies in name of original insurer and real plaintiff
need only establish original cause of action. Such real plaintiff is dominus litis,
and a plea which does not aver payment to him or to his assignor before he
acquired title is bad. Mobile & M. R. Co. v. Jurey, xvi. 182.

When party insures goods in transit under policy securing to insurer right of
subrogation to claim against carrier in case of loss, and afterwards ships said
goods under bill of lading securing to carrier in case of loss benefit of insur-
ance, latter clause is valid and shipper cannot upon loss recover from insurer,
having deprived him of his right of subrogation. Carstairs o. Mechanics &
Traders' Ins. Co., xvi. 142.

Carrier negligently losing goods may avail himself of clause in bill of lading
securing to him benefit of insurance effected by shipper. Rintoul v. N. Y.
Central & H. R. R. Co., xvi. 144.

INTEREST.

Wherever damages are capable of exact computation, interest can be recovered
Arthur v. Chicago, R. I. & P. R. Co., xvi. 283.

See REMOVAL OF CAUSES; UNITED STATES COURTS.

Decision of U. S. Circuit Court is usually binding upon co-ordinate tribunals.
Wells, Fargo & Co. v. Oregon R. & N. Co., xvi. 71.

Where there are two plaintiffs and two defendants and one of plaintiffs and
one of defendants are citizens of same State, United States court has no juris-
diction. Walser et al. v. Memphis, C. & N. W. R. Co., xvi. 449.

Foreign construction company cannot maintain bill against foreign railroad
company and citizen of State to enforce specific performance of contract to
deliver stock and bonds for work done in foreign State and to restrain negotia-
tion of such bonds, though railroad company has office in State for transfer of
shares and had appeared by attorney. Kansas & E. R. R. C. Co. v. Topeka,
S. & W. R. R. Co., xvi. 495.

The court declines to decide that Congress may not confer jurisdiction on
inferior courts in cases where by constitution Supreme Court of U. S. has original
jurisdiction. Ames v. Kansas ex rel., xvi. 522.

Judiciary act of March 3, 1875, does not confer on U. S. circuit courts juris-
diction over cases where jurisdiction of Supreme Court is made exclusive by
Sect. 687, Rev. Stat. U. S. Ames v. Kansas ex rel., xvi. 522.

LAND GRANT.

Incorporators are not entitled to divide up land grant among themselves.
Brown v. Florida Southern R. Co., xvi. 463.

LEASE.

Fact that officials of rival corporation have been friendly and given aid to
complainants in preparation of case where a bill is filed to annul a lease, will not
sustain a charge of bad faith and collusion. Dinsmore v. N. J. Central R. Co.,
xvi. 450.

In suit to annul lease, preliminary injunction was under circumstances re-
fused. Dinsmore v. N. J. Central R. Co., xvi. 450.

Lease of road by corporation having no authority to do so is not malum in se
nor malum prohibitum, nor is it void as contrary to public policy. Lessee in
possession is estopped to deny validity of lease in action for rent. Woodruff v.
Erie R. Co. et al., xvi. 501.

When receiver takes possession of leased road, he affirms the lease and be-
comes liable to pay rent according to its terms. Woodruff v. Erie R. Co. et al.,
xvi. 501.

Where lessee of road undertakes by way of rent to pay coupons falling due on
bonds of lessor, it may be compelled in action by lessor to do so.
Erie R. Co. et al., xvi. 501.

Woodruff v.

From lessor to lessee held by its terms to cover any claim of lessee against
lessor for money paid to take up coupons on lessor's bonds in pursuance of
terms of lease. Stewart et al. v. Hoyt's Exr's, xvi. 513.

Mechanic's lien for rails filed within six months of delivery of last instalment
takes precedence of lease created in interim. Chicago & Alton R. Co. v. Union
Rolling Mill Co., xvi. 626.

LICENSE.

Party injured while crossing tracks at point where public had commonly
passed for twenty years, held nevertheless guilty of contributory negligence in
failing first to look out for train approaching. Wheelwright v. Boston & Al-
bany R. Co., xvi. 315.