CONFIDENTIAL RELATIONS.

See Witnesses, § 200.

CONFIRMATION.

See Drains, § 82; Judicial Sales; Levees; Municipal Corporations, § 296, 493, 508510, 546.

CONNECTING CARRIERS.

See Carriers, § 180.

CONSENT.

See Adverse Possession, 60; Appeal and Error, $125; Constitutional Law, § 191; Deeds, § 194; Insurance, § 138; Principal and Agent, 88 54, 69, 79; Rape, § 40.

CONSERVATORS.

See Spendthrifts.

CONSIDERATION.

See Account, Action on; Bills and Notes, $$ 375, 525; Contracts, $$ 50-80, 353; Deeds, 15; Fraudulent Conveyances, 78; Physicians and Surgeons; Pleading, § 194; Powers, 37; Subrogation.

CONSTABLES.

See Sheriffs and Constables.

CONSTITUTIONAL LAW.

See Courts, 219, 220; Criminal Law, 1179: Drains, §§ 67, 71; Elections, §§ 16, 21, 95, 161; Eminent Domain, § 3; Husband and Wife, 303; Inspection; Insurance, § 4; Judges, 8; Judgment, § 815; Jury, §§ 13, 31; Licenses; Life Estates, § 2; Master and Servant, § 11; Mechanics' Liens, § 3; Mines and Minerals, § 93; Municipal Corporations, $ 469; Railroads, § 69; States, §§ 4, 27; Statutes, 88 19-143, 241; Taxation, §§ 5, 327.

II. CONSTRUCTION, OPERATION, AND ENFORCEMENT OF CONSTITUTIONAL PROVISIONS.

§ 12 (N.Y.) That which is necessary to make effective any provision of the Constitution will be implied as a part thereof.-Fraser v. Brown, 96 N. E. 365.

§ 40 (N.Y.) Statutes contravening provisions necessarily implied from the Constitution are equally void with statutes contravening its express provisions.-Hopper v. Britt, 96 N. E. 371.

§ 42 (Ill.) One whose property was authorized by decree to be sold by his wife on the ground of abandonment under Rev. St. 1874, c. 68, § 11, cannot assert its unconstitutionality for singling out persons confined in a penitentiary; that part of the statute not applying to him.-Brand v. Brand, 96 N. E. 918.

$ 42 (Ind.) Railroad companies operating within the state held not entitled to assert that Laws 1909, c. 178, requiring automatic bellringing devices, was invalid as a whole because of any purported extraterritorial effect.-State v. Louisville & N. R. Co., 96 N. E. 340.

§ 46 (Ind.) The court, determining that the bulk sales law does not apply to the transaction in controversy, will not determine the constitutionality of the act.-Fairfield Shoe Co. v. Olds, 96 N. E. 592.

§ 48 (Ind.) Laws 1909, c. 178, requiring railroad companies to equip their locomotives with automatic bell ringers, held not to apply to railroads without the state.-State v. Louisville & N. R. Co., 96 N. E. 340.

Courts will not construe a statute as unconstitutional where its language does not fairly require such a construction, or where the legislative intent may be effectuated by giving it a constitutional construction.-Id.

§ 48 (Ind.) It will be presumed that the Legislature properly graded the compensation of officers, in enacting a salary law, so as not to violate Const. art. 4, § 22.-State v. Billheimer, 96 N. E. 801.

Rule as to presumption as to constitutionality of statutes stated.-Id.

§ 48 (N.Y.) A statute should be clearly shown to be in irreconcilable conflict with the Constitution before the court will declare it void.-Hopper v. Britt, 96 N. E. 371.

III. DISTRIBUTION OF GOVERN. MENTAL POWERS AND FUNCTIONS.

(A) Legislative Powers and Delegation Thereof.

§ 50 (N.Y.) In the absence of constitutional inhibitions, the state Legislature may exercise People ex rel. Hon Yost v. Becker, 96 N. E. the whole legislative power of the people.

381.

(B) Judicial Powers and Functions. §70 (Ind.) Whether Burns' Ann. St. 1908. § 1656, is repugnant to Const. art. 4. § 22. keld a legislative, and not a judicial, question.-State v. Billheimer, 96 N. E. 801.

870 (N.Y.) The courts cannot hold a corporate body having powers of local government, denominated an era or territory, to be a village or city, because to do so would be exercising legislative functions.-People ex rel. Hon Yost v. Becker, 96 N. E. 381.

(C) Executive Powers and Functions.

§ 79 (Ill.) Where judgment is exercised by an administrative board as an incident to a ministerial power, it is not an exercise of judicial power forbidden by the division of the government into departments.-Conover Gatton, 96 N. E. 522.

V. PERSONAL, CIVIL AND POLITICAL RIGHTS.

§ 89 (Ill.) Mechanic's Lien Law 1903. § 21. in so far as it confers on a subcontractor or materialman a right to a mechanic's lien, when the same has been waived by the original contractor before the debt was incurred, held unconstitutional, as depriving the owner of the right to contract. Cameron-Schroth-Cameron Co. v. Geseke, 96 N. E. 222.

§ 89 (Ill.) An act prohibiting discrimination between life insurants of the same class and expectation of life held not in violation of the constitutional right of freedom to contractPeople v. Hartford Life Ins. Co., 96 N. E. 1049. § 89 (Mass.) Workingmen's Compensation Bill (St. 1911, c. 751) held not unconstitutional in requiring that liability insurance companies and policy holders be governed by the act so far as applicable.-In re Opinion of Justices, 96 N. E. 308.

VI. VESTED RIGHTS.

$105 (Mass.) Workingmen's Compensation Bill (St. 1911, c. 751) pt. 1, § 1, held not to interfere with vested rights.-In re Opinion of Justices, 96 N. E. 308.

VII. OBLIGATION OF CONTRACTS.

(A) Powers of States in General. § 116 (Ind.App.) A deed executed in 1874. in partition proceedings by a second childless wife and the children of her deceased busband's first marriage, construed in view of court decisions then in force, construing Rev.

St. 1881, § 2483, 2487, enacted in 1853, held
to convey only a life estate in an undivided
third as the widow's interest.-Ruf v. Mueller,
96 N. E. 612.

Of lease, see Landlord and Tenant, § 39.
Of ordinances, see Municipal Corporations, §
120.

CONSTRUCTIVE TRUSTS.

Corporations.

§ 145 (Ind.) No rights can be acquired under
a void contract which will be protected by

CONTEMPT.

CONTEST.

FACTO LAWS.

§ 191 (Mass.) The common practice in en-
actment of statutes held an indication of what,
by common consent, has been regarded as per-
missible within the Constitution.-Common-
wealth v. Phelps, 96 N. E. 349.

CONTINUANCE.

the

on
86 (Mass.) A continuance, asked
ground that the trial judge was disqualified, held
properly refused.-Norton v. Lilley, 96 N. E.
351.

CONTRACTORS.

XI. DUE PROCESS OF LAW.

§ 275 (Ill.) Laws 1897, p. 81, relating to li-
censing of architects, held not violative of
Const. art. 2, § 2, relating to due process of
law, nor of Const. U. S. Amend. 14.-People v.
Lower, 96 N. E. 346.

§ 277 (Ind.) No rights can be acquired under
a void contract which will be protected by
Const. U. S. Amend. 14, § 1, guaranteeing due
process of law.-Noble v. Davison, 96 Ñ. E.
325.

$278 (Ill.) Laws 1897, p. 247, held not a
deprivation of due process of law.-Wilson v.
Hagey, 96 N. E. 277.

$ 284 (Ill.) As construed with Revenue Law,
§ 278, section 276 held not unconstitutional as
providing for a deprivation of property with-
out due process of law.-People v. Shirk, 96 N.
E. 841.

$290 (Ill.) Levee Act, 37, as amended in
1909, and as construed with section 3, held not
unconstitutional as failing to provide for notice
to landowners of assessments.-Commissioners
of Sny Island Levee Drainage Dist. v. Shaw,
96 N. E. 984.

$ 301 (Mass.) Workingmen's Compensation
Bill (St. 1911, c. 751) held not to infringe
Const. U. S. Amend. 14, or any provision of
the state Constitution relating to the taking of
property without due process of law. In re
Opinion of Justices, 96 N. E. 308.

Workingmen's Compensation Bill (St. 1911,
c. 751) pt. 1, § 1, held not to authorize the
taking of property without due process of law
-Id.

§ 309 (Ill.) Rev. St. 1874, c. 68, § 11, held
not to take property without due process of
law.-Brand v. Brand, 96 N. E. 918.

$318 (Ind.) The public accounting statute
held not violative of the provision of the state
and federal Constitutions, prohibiting the dep-
rivation of property without due process of
law.-Ransbottom v. State, 96 N. E. 762.

CONSTRUCTION.

See Charities, § 36; Contracts, §§ 147-190,
244; Deeds. §§ 90-177; Sales, §§ 71, 72, 277;
Statutes, $$ 183-267; Trial, §§ 295, 296;
Wills, §§ 88, 440-704, 820.

CONTRACTS.

See Accord and Satisfaction; Action, §§ 7, 27;
Adjoining Landowners; Appeal and Error,
§ 173; Bailment; Banks and Banking, §§
127, 171; Bills and Notes; Bonds; Breach
of Marriage Promise; Brokers; Cancellation
of Instruments; Carriers, §§ 4, 136, 150, 180,
360; Champerty and Maintenance; Chattel
Mortgages; Compromise and Settlement;
Constitutional Law, §§ 89, 116, 145, 277;
Corporations, § 308; Damages, §§ 46, 56;
Deeds; Drains, § 34; Easements, § 42; Em-
inent Domain, §§ 3, 233; Estoppel, § 92; Ev-
idence, §§ 441, 571; Fraud, §§ 31, 33;
Frauds, Statute of; Guaranty; Health, & 5;
Highways, § 127; Husband and Wife, § 31;
Infants, 59; Injunction, §§ 57-59, 99; In-
surance; Landlord and Tenant; Limitation
of Actions, § 46; Logs and Logging; Me-
chanics' Liens; Mines and Minerals; Mort-
gages; Municipal Corporations, §§ 230, 347-
374; Partition, §§ 22, 55; Partnership, §
311; Payment; Pledges; Powers, § 37;
Principal and Agent, § 101; Principal and
Surety; Reformation of Instruments; Sales;
Schools and School Districts, §§ 82, 111;
Specific Performance; Stipulations; Street
Railroads, 24; Subrogation; Sunday; Tri-
al, § 109; Vendor and Purchaser; Waters
and Water Courses, 1832; Wills, § 64;
Work and Labor.

I. REQUISITES AND VALIDITY.
(B) Parties, Proposals, and Acceptance.
§ 16 (Ind.App.) A contract is created by
an offer and an unconditional acceptance in
the terms of the offer.-Cal Hirsch & Sons
Iron & Rail Co. v. Peru Steel Casting Co.,
96 N. E. 807.

(D) Consideration.

§ 50 (Ind.App.) Anything is a valuable con-
sideration for a contract which is of advantage
to the one or of disadvantage to the other.-
Gregory v. Arms, 96 N. E. 196.

§ 54 (Mass.) Decedent's delivery of a deed for
record held sufficient consideration for plain-
tiff's promise to supply her with firewood.-Hall
v. Sears, 96 N. E. 141.

§ 62 (Ind.) A contract not to destroy the
lateral support of a cemetery in removing
gravel from adjacent land, held supported by a
consideration, in that such contract was to pro-
tect the dead of the landowner.-Orr v. Dayton
& M. Traction Co., 96 N. E. 462.

A provision in a lease, whereby a landowner
granted a railroad company the right to re-
move gravel provided they did not impair the

right of an adjoining landowner to lateral sup-
port, held valid.-Id.

§ 71 (Ind.App.) Forbearance on the part of a
purchaser of mortgaged property from the
mortgagor's grantee to sue such grantee for
fraudulent representations held a good consid-
eration for the mortgagor's promise to dis-
charge the mortgage.-Gregory v. Arms, 96 N.
E. 196.

§ 80 (Ind.App.) Extension of time by the
purchaser of mortgaged property from the mort-
gagor's grantee held insufficient as a considera-
tion for the mortgagor's promise to discharge
the mortgage.-Gregory v. Arms, 96 N. E. 196.

(E) Validity of Assent.

$95 (Ind.) One seeking to avoid a contract
on the ground of duress held required to prove
certain facts.-Harrison Tp. v. Addison, 96 N.
E. 146.

$97 (Ill.) A contract entered into without
full understanding of its terms may be subse-
quently ratified, so as to be as binding as if
fully understood before execution.-Anderson v.
Anderson, 96 N. E. 265.

(F) Legality of Object and of Consid-
eration.

§ 107 (Ind.) A contract violating the terms
of a statute prescribing a penalty for its in-
fringement is void.-Moorehouse v. Kukalman,
96 N. E. 600.

§ 123 (Ind.) A contract between a heating
company, whose president was a school trus-
tee, and a school city for the installation of a
heating plant held contrary to public policy.-
Noble v. Davison, 96 N. E. 325.

All contracts which tend to injure the public
are void, though no injury results, and there
is no actual intent to injure the public.-Id.

isolated or special clause.-Nave v. Powell, 96
N. E. 395.

(B) Parties.

186 (N.Y.) Plaintiff held not entitled to sue
on a contract under seal which was not made
for his benefit; he being a mere volunteer.—
Case v. Case, 96 N. E. 440.

Even in case of exceptions to the general
rule that one not a party to a contract under
seal cannot enforce it, held, that mere volun-
teers or strangers to the contract cannot en-
force such agreement.-Id.

(C) Subject-Matter.

$190 (N.Y.) A contract between a tourist
and one engaged in conducting European tours
held not to require the latter to have a repre-
sentative on the steamship en route, or while
the baggage was being delivered at destination,
but only to see that it was correctly checked,
and to look after it on delivery at destination.-
Coleman v. Clark, 96 N. E. 81.

III. MODIFICATION AND MERGER.
§ 244 (Mass.) A building contract, as modi-
ified pending construction, construed.-Owen v.
Button, 96 N. E. 333.

IV. RESCISSION AND ABANDON-
MENT.

§ 266 (Mass.) To rescind a contract, held gen-
erally necessary that property received there-
under be returned before suit.-Owen v. Button,
96 N. E. 333.

V. PERFORMANCE OR BREACH.

§ 313 (N.Y.) An absolute refusal to perform
a contract, wholly executory, held to constitute
a breach for which an action will lie.-Ga Nun
v. Palmer, 96 N. E. 99.

$314 (N.Y.) A voluntary act, rendering per-

§ 138 (Ind.) The law will not enforce con-
tracts, to sustain which would tend to corrupt
official action, whether it be judicial, legisla-
tive, or administrative.-Noble v. Davison, 96
N. E. 325.

§ 139 (Ind.) Plaintiff and defendant, parties
to a sale of a patent right in violation of
Burns' Ann. St. 1908, §§ 9720, 9721, 9722, held
not in pari delicto so that plaintiff was entitled
to recover the money paid.-Michener v. Watts,
96 N. E. 127.

II. CONSTRUCTION AND OPERA-

TION.

(A) General Rules of Construction.
§ 147 (Ind.App.) The true meaning of any
contract is to be ascertained from a considera-
tion of all its provisions in their entirety, and
not from a literal or technical construction of

held to constitute a breach for which an ac-
tion will lie.-Ga Nun v. Palmer, 96 N E. 99.
§ 321 (N.Y.) The right of a party to a con-
tract, wholly executory or partially executed.
held the same after a breach by the adverse
party.-Ga Nun v. Palmer, 96 N. E. 99.
improve a street, made with a private company.
§ 322 (N.Y.) In an action on a contract to
evidence held insufficient to show that plaintiff
discontinued the work on account of the com-
pany's default.-Fisher v. Wakefield Park Real-
ty Co., 96 N. E. 120.

VI. ACTIONS FOR BREACH.
into for the primary benefit of third persons.
$330 (Ind.App.) A contract being entered
not parties thereto, held, they may sue thereon
in their own names.-Snider v. Greer Wilkinson
Lumber Co., 96 N. E. 960.

1908, § 376, a party suing on a contract held
8335 (Ind.App.) Under Burns' Ann. St.
entitled to allege performance, either generally
or specifically.-Kupfrian Park Co. v. Runcie,
96 N. E. 626.

services, answer to a question asked of plain-
§ 349 (Ind.App.) In an action for engineer's
tiff held admissible under the issues.-Week v.
Rawie, 96 N. E. 206.

§ 353 (Ind.App.) In an action for engineer's
services, an instruction held not objectionable
as authorizing a finding against defendant, if
he expressly agreed to pay for plaintiff's serv
ices, whether there was any consideration for
such promise or not.-Week v. Rawie, 96 N.
E. 206.

CONTRIBUTORY NEGLIGENCE.

See Negligence, §§ 68-98, 113, 136, 141.

CONVERSION.

See Partition, §§ 16, 21; Wills, § 555.
Wrongful conversion, see Trover and Conver-
sion.

$15 (Ill.) Where a will directed a sale of
real estate and division of the proceeds among
certain beneficiaries, they took no title to the
land, but were legatees of the money only.-
Beeler v. Barringer, 96 N. E. 874.

§ 15 (Ill.) A testamentary gift to trustees
to convert testator's estate into personalty
and pay a part thereof to a hospital held a
gift of personalty to the hospital.-French v.
Calkins, 96 N. E. 877.

$15 (Ind.App.) A direction of a testator held
sufficient to work an equitable conversion.
Walling v. Scott, 96 N. E. 481.

Equity regards land directed by a will to be
sold and converted into land as personalty.-Id.
A direction of a will which makes an equita-
ble conversion must be adequate to show an
absolute intention of the testator.-Id.

$19 (Ind.App.) Where a will vests the inter-
ests of beneficiaries at the death of the testa-
tor, an equitable conversion takes place at that
time, though an actual sale is not provided for
until death of a life tenant.-Walling v. Scott,
96 N. E. 481.

§ 22 (Ill.) The right of legatees of the
proceeds of a sale of land to elect a recon-
version was not dependent on their right of
present enjoyment, and hence could be ex-
ercised before they attained their majority.—
Beeler v. Barringer, 96 N. E. 874.

Where testator's children were not entitled
to the possession of their share of the pro-
ceeds of certain land until they arrived at age,
they were not entitled, on obtaining a recon-
version, to possession of their share of the
land before they arrived at the required age.
-Id.

$22 (Ind.App.) The heir of a deceased bene-
ficiary under a will which equitably converts
land into money cannot have partition against
the wishes of other beneficiaries.-Walling v.
Scott, 96 N. E. 481.

CONVEYANCES.

See Brokers; Chattel Mortgages; Deeds; Es-
crows; Estoppel, § 19; Fraudulent Convey-
ances; Guardian and Ward, § 105; Husband
and Wife, §§ 14, 52; Injunction, § 57; In-
surance, § 115; Partition; Powers, § 43;
Railroads, § 72; Specific Performance, §§ 44,
46, 91, 121, 132.

CONVICTS.

See Constitutional Law, § 42.

CORPORATIONS.

See Appeal and Error, § 1056; Banks and
Banking; Carriers; Charities, § 20; Evi-
dence, 151; Injunction, § 67; Insurance;
Municipal Corporations; Railroads; Stat-
utes, 159; Street Railroads; Taxation, §§
144, 317, 376, 493; Telegraphs and Tele-
phones; Trade-Marks and Trade-Names, §
84; Trial, § 296; Trusts, § 1362; Waters
and Water Courses, § 200.

I. INCORPORATION AND ORGAN-

IZATION.

§ 14 (Ill.) A corporation for the purpose of
buying and selling real estate is unlawful.-
Walker v. Taylor, 96 N. E. 1055.

§ 29 (Ill.) A person who transferred, with
her husband, land to an illegal corporation held
not estopped to assert the illegality of the cor-
poration, in an action, brought by her as a
stockholder, to have the equitable rights in the

property of the defunct corporation settled.-
Walker v. Taylor, 96 N. E. 1055.

IV. CAPITAL, STOCK, AND DIVI-
DENDS.

(B) Subscription to Stock.
$80 (N.Y.) Subscribers to a syndicate agree-
ment, rescinding for fraud of the one thereby
made syndicate manager, and seeking to re-
cover of him the payments made by them, held,
under the circumstances, to have sufficiently
offered to restore him to his original position.-
Heckscher v. Edenborn, 96 N. E. 441.

One made syndicate agent by a syndicate
agreement held a party to a contract therein,
so that his false representations inducing it au-
thorized rescission against him by a subscriber.

-Id.

Not only as to those who sign a syndicate
agreement at solicitation of one thereby made
but as to one who signs it without solicitation,
syndicate manager, with power to buy property,
such manager is guilty of fraud, authorizing
rescission, in not disclosing he was owner of
part of the property he was authorized as
agent to buy.-Id.

Because one under a syndicate agreement
was syndicate agent, he cannot on subscribers
rescinding for his fraud, and seeking to recover
their payments made on subscriptions, claim
the payments made to him were made to the
syndicate, because he was its agent.-Id.

(E) Interest, Dividends, and New Stock.
$155 (Mass.) A corporate stockholder, who
his refusal to surrender his stock, pursuant to
was refused payment of dividends because of
a by-law, upon removing from the town in
which the business was, held entitled to have

his rights enforced in equity by requiring full
recognition and payment of dividends.-Adams
v. Protective Union Co., 96 N. E. 74.

VI. OFFICERS AND AGENTS.
(C) Rights. Duties, and Liabilities as
Corporation and Its Members.

to

§ 308 (Mass.) In an action against a cor-
poration for services of an officer, the burden
of proof as to the issues of fact rested upon
him.-Marcy v. Shelburne Falls & C. St. Ity.
Co., 96 N. E. 130.

The same implied obligation of a corporation
to pay for services rendered by an outsider
does not extend to services performed by one
who is its director and president.-Id.

In an action against a corporation for serv-
ices by an officer, prayers held properly refused
as ignoring an essential element.-Id.

In an action against a corporation for serv-
ices by an officer, an instruction on existence of
an express contract held not error.-Id.

In an action against a corporation for serv-
ices by an officer, an instruction stating illus-
trations of grounds of gratuitous service held
not error.-Id.

An instruction on an officer's right to recover
for services rendered a corporation held not
error.-Id.

VII. CORPORATE POWERS AND

LIABILITIES.

(B) Representation of Corporation by Of-
ficers and Agents.

§ 398 (Ill.) The secretary of a business cor-
poration as a rule does not have the power
ex officio to bind the corporation by letters or
documents officially signed by him.-City of
Chicago v. Stein, 96 N. E. 886.

(C) Property and Conveyances.
§ 446 (Ill.) Where a corporation had no pow-
er to acquire real estate, a conveyance to a
trustee for the corporation held to convey no