Chattel Mortgages For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER v. U. S. Shipping Board Merchant Fleet Corpo-136 (U.S.C.C.A.N.Y.) Evidence of carrier's ration, 21 F.(2d) 447.
(F) Loss of or Injury to Goods.
107 (U.S.C.C.A.N.Y.) Care taken by shipper to guard its property held not to lessen carrier's burden of care. Lehigh Valley R. Co. v. State of Russia, 21 F. (2d) 406.
108 (U.S.C.C.A.N.Y.) Carrier's common-law liability as insurer, when carrying explosives, held not changed by federal laws (Federal Ex-
negligence in not preventing loss of explosives held to justify directed verdict for plaintiff, especially since carrier violated Interstate Commerce Commission regulations (Interstate Commerce Commission Regulations, §§ 1650, 1906). Lehigh Valley R. Co. v. State of Rus- sia, 21 F. (20) 396.
Where consignee has no duty to watch ex- plosives in carrier's care, fact that detectives hired by consignee failed to prevent explosion cannot raise contributory negligence issue.-Id.
gence alleged in counterclaim was that of inde-
pendent contractor, for which plaintiff was not liable, instructing jury to find against counter- claim held proper.-Lehigh Valley R. Co. v. State of Russia, 21 F. (2d) 396.
plosives Law, Criminal Code, §§ 233, 235 [18137 (U.S.C.C.A.N.Y.) Where only negli- USCA §§ 383, 385]; Carmack Amendment to Interstate Commerce Act [49 USCA § 20]; Commerce Act [49 USCA § 1 et seq.]).-Lehigh Valley R. Co. v. State of Russia, 21 F. (20) 396. 110 (U.S.C.C.A.N.Y.) Carrier held, as mat- ter of law, to have notice of explosive nature of shipment.-Lehigh Valley R. Co. v. State of Russia, 21 F. (20) 396.
(G) Carrier as Warehouseman.
142 (U.S.C.C.A.N.Y.) Railroad, acting as warehouseman, was obliged at all times to pro- tect property intrusted to its care. Lehigh Valley R. Co. v. State of Russia, 21 F.(2d) 406.
146 (U.S.C.C.A.N.Y.) Evidence held to jus- tify instructing jury that storage contract was substituted for written transportation contract. -Barrett v. Fournial, 21 F. (2d) 298.
(H) Limitation of Liability. 153 (U.S.C.C.A.N.Y.) Phrase "Shipper's load and count, owner's risk," stamped on bill of lading, held not to relieve railroad of carrier's liability (49 USCA $ 20). -Lehigh Valley R. Co. v. State of Russia, 21 F. (20) 396.
153 (U.S.D.C.N.Y.) Failure to deliver bills of lading to shipper who had left country held not to prevent carrier's claiming benefit of ex- emptions therein.-Callister v. U. S. Shipping Board Merchant Fleet Corporation, 21 F.(2d) 447.
154 (U.S.C.C.A.N.Y.) Mere agreement to transport goods furnishes no consideration for stipulation for less than common-law liability (49 USCA § 20). -Lehigh Valley R. Co. v. State of Russia, 21 F. (20) 396.
IV. CARRIAGE OF PASSENGERS. (D) Personal Injuries.
290(1) (U.S.C.C.A.Minn.) Railroad held, as matter of law, not liable for passenger's in- jury due to ice and wire on platform of coach, where no lack of care was shown. Akin v. Chi- cago & N. W. Ry. Co., 21 F. (2d) 1000.
Injured passenger, suing railroad, must show railroad's knowledge of dangerous condition of coach platform for sufficient time to remove it. Id.
CERTIORARI.
1. NATURE AND GROUNDS.
4U.S.D.C.N.Y.) Certiorari will not issue where petitioner has plain adequate remedy by habeas corpus.-In re Ban, 21 F.(2d) 1009.
CHATTEL MORTGAGES.
I. REQUISITES AND VALIDITY. (A) Nature and Essentials of Transfers of Chattels as Security.
(U.S.D.C.Md.) Bills of sale of automo- biles held not void as to seller's creditors be- cause of subsequent unrecorded consignment agreements not operating as defeasances (Code Pub. Gen. Laws Md. 1924, art. 66, § 1). - In re Sachs, 21 F. (2d) 984.
"Defeasance" implies some right in one bene- fiting thereby to compel performance under conditions defeating original agreement.-Id. (B) Form and Contents of Instruments.
valid as not sufficiently describing crops mort- gaged. In re Wilcox, 21 F.(2d) 753.
III. CONSTRUCTION AND OPERATION.
(D) Lien and Priority.
150(1) (U.S.D.C.Okl.) Filing of chattel mortgage in compliance with recording statute imports notice to third persons. In re Kramer Mercantile Co., 21 F. (2d) 614.
V. RIGHTS AND REMEDIES OF CRED- ITORS.
190(1) (U.S.D.C.Okl.) Mortgage on stock of merchandise held valid, though it permitted mortgagor to sell in usual course of trade and retain part of proceeds. In re Kramer Mer- cantile Co., 21 F. (2d) 614.
Permitting mortgagor to sell in ordinary course of trade and retain proceeds does not in itself raise presumption of fraud.-Id.
95(4) (U.S.C.C.A.N.Y.) Facts held to show motor vessel responsible for collision with dumpers, in sheering to port when passing be- tween dumpers and coal tow.-(D. C.) The Troy Socony, 21 F.(2d) 323, decree affirmed The Emma Kate Ross, 21 F. (2d) 325.
96 (U.S.C.C.A.N.Y.) Steamer ascending East River held not at fault in swinging to New York shore to dock after giving signal to de- scending steamer. -The Hermes, 21 F.(2d) 314.
105(2) (U.S.D.C.Pa.) Evidence held to show primary cause of collision was failure of one vessel to maintain speed. - The Sabine Sun, 21 F.(2d) 121.
XII. SUITS FOR DAMAGES.
(A) Right of Action and Defenses.
١١١ (U.S.D.C.La.) Suit against vessel for collision after end of her voyage held not main- tainable by intervention in suit for limitation of liability for damages occurring during voy- age. The Pelotas, 21 F.(2d) 236.
charter may maintain suit for collision. The Pelotas, 21 F.(2d) 236.
9 (U.S.C.C.A. Wash.) Daughter of American114 (U.S.D.C.La.) Charterer by demise citizen, born in China of a polygamous marriage, held not entitled to entry as citizen.-Ng Suey Hi v. Weedin, 21 F.(2d) 801, affirming order (D. C.) Ex parte Ng Suey Hi, 20 F. (2d) 266.
1. RULES AND PRECAUTIONS FOR PRE- VENTING COLLISIONS IN GENERAL.
2 (U.S.D.C.N.Y.) Mexican statutes govern in case of collision in Mexican waters.-Stand- ard Oil Co. of New York v. Tampico Nav. Co., 21 F.(2d) 795.
VII. VESSELS AT REST, AT ANCHOR, OR AT PIERS.
115 (U.S.D.C.N.Y.) Part owner of tug and of another vessel could sue tug for injury to the other vessel in collision. -The Artisan, 21 F.(2d) 439.
136 (U.S.D.C.N.Y.) Shipowner is entitled to demurrage for full time of collision repairs made concurrently with others, neither being immediately necessary.-Pan-American Petrole- um & Transport Co. v. U. S., 21 F. (2d) 791. COMMERCE.
II. SUBJECTS OF REGULATION.
69 (U.S.D.C.La.) Collision between two steamships anchored off New Orleans held due33 (U.S.D.C.R.I.) Vehicles to be engaged in
to later comer anchoring too close and allowing her anchor to drag in a gale. The Pelotas, 21 F. (2d) 236.
IX. FOG OR THICK WEATHER.
81 (U.S.D.C.La.) Collision in fog held due to fault of outgoing vessel, failing to stop and having lookout on pilot house (Inland Rules, art. 16 [Comp. St. § 7889]). - The Campania, 21 F. (20) 233.
Placing lookout 140 feet back of bow in dense fog held gross fault.-Id.
82(1)(U.S.D.C.La.) Collision in fog held due to fault of outgoing vessel, failing to stop and having lookout on pilot house (Inland Rules, art. 16 [Comp. St. § 7889]). - The Cam- pania, 21 F.(2d) 233.
X. NARROW CHANNELS, HARBORS,
ERS, AND CANALS.
interstate commerce must transport goods in- terstate.-Inter-City Coach Co. v. Atwood, 21 F.(2d) 83.
47 (U.S.D.C.R.I.) Vehicles to be engaged in interstate commerce must transport passengers interstate.--Inter-City Coach Co. v. Atwood, 21 F.(2d) 83.
Intrastate carrier of passengers, using high- ways, is not exempt from state highway regula- tion because it also carries interstate passen- gers.-Id.
III. MEANS AND METHODS OF REGULA- TION.
63 (U.S.D.C.Ky.) Municipal ordinance im- posing license on radio broadcasters held inval- as regulation of interstate commerce.-
Whitehurst v. Grimes, 21 F.(2d) 787.
RIV-64 (U.S.D.C.S.C.) State occupation tax on dealers in tobacco product, to be paid by stamps affixed to packages before sale, held not uncon- stitutional as applied to products received or shipped in interstate commerce (Tax Act S. C. April 22, 1927 [35 St. at Large, p. 12]; Const. U. S. art. 1, § 8, cl. 3). -Doscher v. Query, 21 F.(2d) 521.
91(U.S.D.C.Pa.) Port to port passing on signal and answer is proper, where vessels com- ing from opposite directions are meeting head on in channel of sufficient width for clearance (pilot rule 4). - The Sabine Sun, 21 F. (2d) 121. Vessels approaching from opposite directions 1% to 2 points are considered as head and head, and bound to pass port to port. Id.
Navigator, having determined passing was practicable, was under duty to stop, reverse, and stand still, when it became apparent other vessel disregarded signals (pilot rule 7).-Id.
State occupation tax on dealers in tobacco products held not unconstitutional as applied to dealer whose stock is in part bought and sold in interstate commerce (Tax Act S. C. April 22, 1927 [35 St. at Large, p. 121]). Id.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
85(5) (U.S.D.C.Ark.) Order of Interstate Commerce Commission establishing through route by rail held beyond its authority under the statute (Interstate Commerce Act, § 15[4], as amended by Transportation Act, § 418 [49 USCA § 15]). - Missouri Pac. R. Co. v. U. S., 21 F.(2d) 351.
That small railroad needed increased revenue held not to justify establishing through route over it to provide revenue at expense of compet- ing lines (Interstate Commerce Act, § 15(3), as amended by Transportation Act, § 418 [49 US CA § 15]).-Id.
87 (U.S.C.C.A.Minn.) Interstate Commerce Commission, on complaint of carrier, may de- termine division of joint rates voluntarily estab- lished (Interstate Commerce Act 1887, §§ 1, 13-15, as amended [Comp. St. §§ 8563, 8581- 8583]).-Back.us-Brooks Co. v. Northern Pac. R. Co., 21 F.(2d) 4.
Minority stockholder of railroad may invoke jurisdiction of Interstate Commerce Commis- sion by filing complaint charging inequitable division of joint rates (Interstate Commerce Act 1887, §§ 1, 13, as amended and re-enacted by Transportation Act 1920, §§ 400, 416 [Comp. St. §§ 8563, 8581]).-Id.
88 (U.S.D.C.Pa.) Interstate Commerce Commission's rulings, though not conclusive on court, are highly persuasive. U. S. v. Pennsyl- vania R. Co., 21 F. (2d) 579.
89 (U.S.C.C.A.Minn.) Justness and reason- ableness of division of joint rates in future and reparation for unjust divisions in past must first be acted on by Interstate Commerce Com- mission.-Backus-Brooks Co. v. Northern Pac. Ry. Co., 21 F.(2d) 4.
92 (U.S.D.C.N.Y.) Limitation of action to enforce reparation award of commission runs from date money is to be paid (Transportation Act [49 USCA $ 74 (a)]). -Acheson Graphite Co. v. Mellon, 21 F. (2d) 562.
II. CRIMINAL RESPONSIBILITY. (A) Offenses.
23 (U.S.C.C.A.III.) One defendant alone cannot be convicted of conspiracy. --Bartkus v. U. S.. 21 F. (2d) 425.
23 (U.S.D.C.Cal.) Law making conspiracy to commit offense against United States a felony held valid (Criminal Code [18 USCA $881).-Cullen v. Esola, 21 F. (2d) 877.
25 (U.S.C.C.A.III.) Conspiracy statute does not make it crime to conspire that some person other than conspirators shall commit crime.- Bartkus v. U. S.. 21 F. (2d) 425.
28 (U.S.C.C.A.Va.) Agreement of two or more to commit crime against United States and overt act in effecting its object is indicta-
In indictment for conspiracy that bankrupt corporation withhold property from trustee, al- legation that corporation had been adjudged bankrupt and trustee appointed held not essen- tial (Bankruptcy Act, § 29b, cl. 1 [Comp. St. § 9613]).-Id.
43 (6) (U.S.D.C.Cal.) Indictment for con- spiracy to violate law forbidding interstate transportation of prize fight films charged of- fense against United States (Criminal Code [18 USCA § 88]; 18 USCA §§ 405-407). -Cullen v. Esola, 21 F.(2d) 877.
43 (12) (U.S.C.C.A.III.) In prosecution for conspiracy to withhold property from bank- ruptcy trustee, there was no fatal variance be- tween allegation that bankrupt was "electrical company" and proof that it was "electric com- pany." Bartkus v. U. S., 21 F.(2d) 425.
44/2 (U.S.C.C.A.III.) Active participation in alleged conspiracy must be established, mere knowledge of others' illegal acts being insuffi- cient.-Turcott v. U. S., 21 F.(2d) 829.
441/2 (U.S.C.C.A.Neb.) Government had bur- den of proving beyond reasonable doubt that de- fendant conspired with codefendant to transport whisky.-Haning v. U. S., 21 F. (2d) 508.
45 (U.S.C.C.A.Va.) Evidence whether ves- sel, chartered ostensibly for coastwise trade, could have been operated profitably in legitimate coastwise trade, held admissible in prosecution for conspiracy to violate National Prohibi- tion Act (27 USCA; Criminal Code, § 37 [18 USCA § 88]).-Baker v. U. S., 21 F. (2d) 903. Evidence respecting negotiations for purchase of coal for rum-running voyage held admissible in conspiracy prosecution (Criminal Code, § 37 [18 USCA § 88]).-Id.
Evidence as to finding bottles on vessel held admissible to prove testimony respecting rum running (Criminal Code, § 37 [18 USCA § 88]).
47 (U.S.C.C.A.III.) Evidence held insuffi- cient to support conviction of defendants for conspiring with president of bankrupt corpora- tion to withhold property from trustee.-Bart- kus v. U. S., 21 F. (2d) 425.
Commission of crime may be evidence that those committing it conspired to commit it.-Id.
47 (U.S.C.C.A.Neb.) Evidence held in- sufficient to support conviction for conspiracy to illegally transport liquor.-Haning v. U. S., 21 F.(2d) 508.
47 (U.S.C.C.A.Va.) Conviction of captain of vessel for conspiracy to violate National Pro- hibition Act by rum running held warranted by evidence (27 USCA; Criminal Code, § 37 [18 USCA § 88]).-Baker v. U. S., 21 F.(2d) 903.
47 (U.S.C.C.A.Wash.) Evidence held not to sustain conviction for conspiracy to violate Na- tional Prohibition Act (27 USCA).-Dow v. U. S., 21 F. (2d) 816.
ble as conspiracy (Criminal Code, 837 18348 (U.S.C.C.A.III.) Instruction as to proof
USCA § 88]).-Baker v. U. S., 21 F. (2d) 903.
41 (U.S.C.C.A.Va.) Defendant is responsi- ble for acts of co-conspirators committed before as well as after he joined conspiracy.-Baker v. U. S., 21 F. (2d) 903.
Overt act need not be proved against all conspirators.-Id.
of intent in prosecution for criminal conspiracy, held not improper.-Brims v. U. S., 21 F.(2d)
48 (U.S.C.C.A.N.Y.) Guilt of conspiracy to unlawfully import narcotic drugs, to unlawfully and fraudulently conceal them with knowledge of their unlawful importation, and to violate statute taxing narcotics, held for jury (Crimi- nal Code [18 USCA § 88]). -Vachuda v. U. S., 21 F.(2d) 409.
(B) Judicial Powers and Functions.
67 (U.S.D.C.Pa.) Court held without juris-
though valid at place made. - Mechanics & Met- als Nat. Bank v. Smith, 21 F. (2d) 128.
diction to determine life of Senate committee,108(1) (U.S.D.C.S.D.) Only evidence of
since it cannot be required to render an unen- state's public policy are its Constitution, laws, forceable decision (Const. art. 1, § 5, subd. 2; and judicial decisions. -Mechanics & Metals Judicial Code, § 24 [Comp. St. § 991]). -Reed v. Com'rs of Delaware County, Pa., 21 F. (2d)113(1) (U.S.C.C.A.W.Va.) Contract
68(1) (U.S.C.C.A.N.Y.) Foreign relations are matters for executive and legislative de- partments, and are not subject to judicial in- quiry or decision. Lehigh Valley R. Co. v. State of Russia, 21 F. (20) 396.
Who may be sovereign de jure or de facto of territory is not judicial question.-Id.
Court has no power, independently of political department, to determine who should be con- sidered proper diplomatic representative of for- eign state. Id.
68(4) (U.S.D.C.Pa.) Neither executive, ju- diciary, nor both can impose tax under guise of construing tax law; Congress alone having tax- ing power.-Philadelphia Storage Battery Co. v. Lederer, 21 F. (2d) 320.
(C) Executive Powers and Functions.
77 (U.S.D.C.Pa.) Neither executive, judi- ciary nor both can impose tax under guise of construing tax law; Congress alone having tax- ing power. Philadelphia Storage Battery Co. v. Lederer, 21 F. (2d) 320.
VI. VESTED RIGHTS.
92 (U.S.C.C.A.Wis.) Aliens have no vested right to citizenship.-U. S. v. Maney, 21 F. (2d) 28, vacating decree (D. C.) 13 F. (2d) 662.
Nat. Bank v. Smith, 21 F.(2d) 128.
tended to or which perpetrates fraud is illegal, void, and unenforceable. Clifton v. Tomb, 21 F.(2d) 893.
138(1) (U.S.C.C.A.W.Va.) Action at law held not maintainable as between parties in pari delicto on contract tainted with fraud.- Clifton v. Tomb, 21 F.(2d) 893.
138(1)(U.S.D.C.N.Y.) Illegality of collat- eral contracts does not always prevent enforce- ment of rights secured thereunder.-In re Suth- erland, 21, F. (2d) 667.
YI. CONSTRUCTION AND OPERATION. (A) General Rules of Construction.
143 (U.S.C.C.A.Neb.) To construe contract, whole thereof must be considered.-Drainage Dist. No. 1 of Lincoln County, Neb., v. Rude, 21 F.(2d) 257.
147(1)(U.S.D.C.Ky.) Contract will be con- strued to give reasonable meaning and effect to all parts or to give effect to main apparent purpose. Coffey v. Day & Night Nat. Bank of Pikeville, 21 F.(2d) 661.
155 (US.C.C.A.Neb.) Doubt as to meaning of contract resolved against party who prepared it-Drainage Dist. No. 1 of Lincoln County, Neb., v. Rude, 21 F. (2d) 257.
163 (U.S.D.C.Ky.) Written and printed matter of contract will be reconciled, if possi- ble, by any reasonable construction.-Coffey v. Day & Night Nat. Bank of Pikeville, 21 F.(2d) 661.
169 (U.S.C.C.A.Neb.) In case of doubt as to meaning of language of contract preliminary negotiations, subject-matter, and surrounding circumstances may be considered to assist in de- termining its meaning.-Drainage Dist. No. 1 of Lincoln County, Neb., v. Rude, 21 F. (2d) 257. 169 (U.S.C.C.A.Pa.) Courts will look be- hind instrument purporting to pass title to automobiles in a loan transaction, at what the parties actually did.-Finance & Guarantee Co. of Baltimore, Md., v. Stitt, 21 F.(2d) 718, af- firming decree (D. C.) In re West York Motor Co., 17 F.(2d) 276.
176(1) (U.S.C.C.A.Neb.) Construction of contract in single complete instrument is for the court.-Drainage Dist. No. 1 of Lincoln County, Neb., v. Rude, 21 F.(2d) 257.
231(2) (U.S.C.C.A.Cal.) Specifications for tunnel by railroad company that tunnel was ex- pected to be earth and rock formation consti- tuted warranty. Sartoris v. Utah Const. Co., 21 F.(2d) 1.
Specifications relative to tunnel excavation, prepared by railroad, are to be construed against it, if ambiguous.-Id.
232(3) (U.S.C.C.A.Cal.) Subcontractor held entitled to recover additional cost of tunnel, where railroad authorized him to proceed on discovering formation was different than stated in specifications. - Sartoris v. Utah Const. Co., 21 F.(2d) 1.
232(4) (U.S.C.C.A.Cal.) Drawings prepar- ed by railroad engineers, after discovering for- mation was different than stated in specifica- tions for tunnel, met contract clause relative to authorizing payment for extra work. Sar- toris v. Utah Const. Co., 21 F.(2d) 1.
I. INCORPORATION AND ORGANIZATION.
(U.S.C.C.A.Iowa) Corporation has an
to sustain finding of no fraud or concealment of facts in submitting transaction for transfer of assets between corporations having com- mon directors.-Hellier v. Baush Mach. Tool Co., 21 F.(2d) 705.
VII. CORPORATE POWERS AND LIABILI- TIES.
(A) Extent and Exercise of Powers in General.
378 (U.S.C.C.A.Iowa) Corporation is not liable for acts or obligations of another cor- poration because controlling ownership of stock. -Majestic Co. v. Orpheum Circuit, 21 F.(2d) 720.
Corporation owning stock of another corpora- tion operating theater held not liable for rent of building after sale of stock. Id.
Corporation's scheme of acquiring and hold- ing stock interest in various theater companies
held not of itself unlawful.-Id.
Corporation owning stock of another corpora- tion must have managed other corporation as mere instrumentality, with proximate damage therefrom to create liability for contractual obligations after sale of stock. Id.
Corporation is not liable for contract obliga- tion of another corporation, in which it had held controlling stock, for wrongful abstraction of funds by requiring payment of proportionate part of central service department.-Id.
Corporation owning controlling stock interest of another corporation held not liable for con- tractual obligations after sale thereof because of lawfully declaring dividends.-Id.
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