(D) Reversal. For cases in Dec.Dig. & Am,Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER under the submission the award is void, and it 1175(5) (Vt.) Though there was no mo- is not necessary to show corruption on the part tion for a directed verdict, but only exception of the arbitrator.-Curran v. City of Philadelto the charge for submitting the case, on the phia, 107 A. 636. ground that there was no evidence of negli-46 (Pa.) A party may relinquish his right gence, the reviewing court on reversing judg- to a hearing; but, where no opportunity for a ment will render such judgment as the trial hearing was afforded before an award, such court should have rendered; it clearly appear- waiver must be made to appear by him who asing that there could be no different result on a serts it.-Curran v. City of Philadelphia, 107 A. new trial.-Riggie v. Grand Trunk Ry. Co., 107 636. A. 126. One may either impliedly or expressly authorize an arbitrator to proceed in his absence, or may waive a hearing, and a refusal to attend when notified by the arbitrator is a waiver.-Id. III. AWARD. 1175(6) (N.J.Sup.) On appeal from a district court, where the facts are stipulated, this court may, under 2 Comp. St. 1910, p. 2016, § 213a, give such final judgment as is proper, instead of remanding for a new trial.-Hurey v. Leavitt, 107 A. 457. 64 (Pa.) A party showing partiality, cor1178(6) (N.J.) Where judgment in New ruption, collusion, or capriciousness on the part Jersey action by widow and administratrix for of an arbitrator may appeal to the court.-Curdamages for death of husband while passenger ran v. City of Philadelphia, 107 A. 636. on train in Pennsylvania was excessive, in that 81 (Me.) Where a landowner, who conveyed it awarded damages to children as next of kin, contrary to Pennsylvania Death Act, the case would be remitted for a new trial on the question of damages only in view of Practice Act 1912, rule 23, now Supreme Court Rule 132, and 147.-Giardini v. McAdoo, 107 A. 437. 1178(7) (N.J.) Where judgment in New Jersey action by widow and administratrix for death of husband while passenger on train in Pennsylvania awards damages to her, and also to her children as next of kin, contrary to Pennsylvania Death Act, the case will be remitted with direction to court below to grant amendment so as to bring it within that act, in view of Practice Act 1903, § 126, and Practice Act 1912, §§ 8, 9, 23.-Giardini v. McAdoo, 107 A. 437. (F) Mandate and Proceedings in Lower Court. 1194(1) (N.J.Ch.) Where decree of Court of Appeals gave grantor, deeding land to cemetery association on covenant to pay him percentage of proceeds of lots, on theory of a trust, the covenant being void, a reasonable sum for services and profits on the purchase and sale of the property and their value to the grantee less any credits to which grantee is entitled, held, that proper mode of ascertaining amount due gran tor was by treating the association as a going concern and computing the present worth of grantor's share by basing it on value of land less cost of carrying on business.-Bliss V. Linden Cemetery Ass'n, 107 A. 53. APPEARANCE. timber, asserted that the grantees were negligent in starting fires, and an award was made in the landowner's favor by an arbitrator appointed pursuant to provisions in the contract for arbitration, held, that the original cause of action, which was tort for the negligence, was merged in the award, if valid.-Conant v. Arsenault, 107 A. 866. Where a landowner, who sold timber, asserted that the grantees were negligent in starting fires, and an award was made in his favor under the arbitration provisions of the contract, the landowner may, in the event of the invalidity of the award, maintain an action on the original claim.-Id. 85(1) (Me.) Where the submission to arbitration is under seal, an action on an award should be an action in debt, the same as debt on judgment; but where it was not under seal assumpsit is the proper action.-Conant v. Arsenault, 107 A. 866. 85(32) (Me.) In assumpsit on an award, made pursuant to arbitration provisions in a contract for the sale of timber in favor of a landowner who asserted grantees of timber negligently started fires, where defendants, the grantees, instead of pleading nonassumpsit, pleaded not guilty, held that a verdict for part of the be allowed to stand, for if the award was valid amount awarded is incongruous, and should not the landowner was entitled to recover the ening in assumpsit.-Conant v. Arsenault, 107 A. tire amount, and if invalid could recover noth 866. ARCHITECTS. See Attachment, 217, 219; Attorney and See Mechanics' Liens, 36, 147, 149; StatClient, 88. 23 (Pa.) An entry of a general appearance by defendants in a bill in equity for the partition of land estopped them from entering a plea in bar for want of the averments as to location required by Act Feb. 20, 1854 (P. L. 89).Nevin v. Catanach, 107 A. 856. ARBITRATION AND AWARD. See Insurance, 572, 574; Municipal Corporations, 673. I. SUBMISSION. 18 (Pa.) Submissions are always construed so as to carry out the prime intention of the parties, and every reasonable intendment is made in favor of their validity.-Curran v. City of Philadelphia, 107 A. 636. 19 (Pa.) Submissions which are not binding on both parties obligate neither.-Curran v. City of Philadelphia, 107 A. 636. II. ARBITRATORS AND PROCEED INGS. 32 (Pa.) Where an arbitrator proceeds ex parte, without giving the party against whom an award is made any notice of the proceeding utes, 85. ARGUMENT OF COUNSEL. See Criminal Law, ~724–729; Trial, 110133. ARMY AND NAVY. See Criminal Law, 693; Executors and Ad- ~50 (Me.) Since Laws 1917, c. 276, providing for a "state aid" of a certain sum per week to be paid by towns to families of soldiers and sailors in the war, gives a new right, and is not merely declaratory of common-law rights, the remedy provided by section 10 thereof must be deemed exclusive, and not cumulative.-Nash v. Inhabitants of Sorrento, 107 A. 32. ARREST OF JUDGMENT. See Judgment, 262. ARSON. 9 (N.J.Sup.) The lessee of a building, who used the lower floor as a liquor saloon and was the sole occupant when he burned the building, ASSUMPTION OF RISK. was not guilty of the offense defined by Crimes ASSAULT AND BATTERY. See Criminal Law, 364, 591, 724. I. CIVIL LIABILITY. (A) Acts Constituting Assault or Battery and Liability Therefor. 3 (N.H.) Where in the course of a personal encounter plaintiff was shot, he may recover in an action of trespass, whether the injury was intended or was due to negligence.-Fortier v. Stone, 107 A. 342. (B) Actions. 24(2) (N.H.) In trespass a plea of son as sault demesne admits the assault, the intentional interference with plaintiff's person, and upon such admission the law presumes, in the sence of evidence, that the interference was unlawful.-Fortier v. Stone, 107 A. 342. ASYLUMS. See Counties, 113, 182; Eminent Domain, 169, 170; Insane Persons, 40; Statutes, 120. ATTACHMENT. See Bankruptcy, 303; Garnishment. I. NATURE AND GROUNDS. (A) Nature of Remedy, Causes of Action, and Parties. (N.J.Sup.) Proceedings in attachment are statutory and out of the course of the common law, and result in the taking of property of a defendant in an ex parte proceeding in invitum, and must therefore be strictly pursued.-Little v. Long, 107 A. 412. ab-8 (N.J.Sup.) Suit for damages for failure to deliver goods pursuant to executory contract of sale was for unliquidated damages, though plaintiff purchased from others at a higher price more than a month after time for completion of delivery had elapsed, since whether the price paid was the fair market value at time of delivery, and whether goods purchased were of the same character and value as those contracted 24(3) (N.H.) In action of trespass arising out of a personal encounter in which plaintiff was shot, defendants cannot under the general issue set up self-defense, not having pleaded son assault demesne.-Fortier v. Stone, 107 A. 342. 43(2) (N.H.) In an action of trespass arising out of the fact that plaintiff was shot in the course of a personal encounter, where defendants pleaded the general issue, claiming that the defendant who fired the shot did so to summon assistance, but the bullet glanced, the submission of the issue of self-defense was error, although instructions relating to self-defense were applicable to the case in so far as they were intended to inform the jury as to what that defendant might do without being at fault. -Fortier v. Stone, 107 A. 342. ASSESSMENT. for, were questions for jury.-T. J. Parker, Inc., v. Anthony-Hammond Chemical Works, 107 A. 44. 8 (N.J.Sup.) Under the Attachment Act, or cognate legislation, such as District Court Act, § 69 et seq., attachment will not lie for unliquidated damages claimed because defendant supplied goods of a quality inferior to that agreed upon.-Sher v. Church, 107 A. 57. (B) Grounds of Attachment. 27 (N.J.Sup.) Where defendant for years had been a resident of a county and had engaged in business therein, and that fact must have See Municipal Corporations, 437-495; Taxa- been known to the justice of the peace, and to tion, 348-493. ASSIGNMENTS. See Contracts, 311; Corporations, 198; Covenants, 79, 84, 92; Deeds, 133; Estoppel, 69: Indemnity, 11; Judgment, 649, 701; Patents, 200; Wills, mm 839. ASSOCIATIONS. See Appeal and Error, 1194; Beneficial Associations; Building and Loan Associations; Charities, 8, 20, 40; Equity, 87; Insurance, 687-817; Novation, 8; Receivers, 119, 154; Vendor and Purchaser, 250, 266; Wills, 16. 10 (Md.) Where members of a lodge of Free and Accepted Masons had no notice that charges would be preferred against them, and no opportunity was accorded them to appear and defend the charges, the association will be enjoined from suspending them; it not appearing that any appeal from the action of the association in defending them was provided by the constitution and by-laws of the association, or any further remedy or remedies furnished by it for the alleged wrong.-Evans v. Brown, 107 A. 535. ASSUMPSIT, ACTION OF. plaintiff, and plaintiff received a remittance in payment of a note within a few days after issuance of a writ of attachment, held, that the writ should not have been issued on the theory that defendant was absconding with a view to defrauding his creditors.-Little v. Long, 107 A. 412. III. PROCEEDINGS TO PROCURE. (B) Affidavits. 113 (N.J.Sup.) An affidavit, which expressly charged defendant with the unique and unusual proceeding of absconding from his debtors, is not a sufficient basis for the issuance of an attachment.-Little v. Long, 107 A. 412. V. LEVY, LIEN, AND CUSTODY AND DISPOSITION OF PROPERTY. 175 (N.H.) A creditor attaching the debtor's interest in land acquires no greater interest than the debtor had.-Roaf v. Champlin, 107 A. 339. VI. PROCEEDINGS TO SUPPORT OR 217 (N.J.Sup.) Under 2 Comp. St. 1910, pp. 1978, 1979, §§ 73-76, judgment in attachment proceedings in district court, where there has been no appearance by defendant, should not be docketed in court of common pleas, such judgment not being a "final judgment" within 2 Comp. Stats. pp. 2003, 2005, §§ 168, 172, See Appeal and Error, 171, 1005; Arbitra- providing that "final judgment" of district court tion and Award, 85; Carriers, 196; may be docketed in court of common pleas.Certiorari, 17; Customs and Usages, Blessing v. Blackburn Varnish Co., 107 A. 599. 20; Frauds, Statute of, 158; Guardian and The act of docketing a judgment in district Ward, 117; Insurance, 817; Judg-court attachment proceeding in court of comment, 619, 701; Sales, 442. mon pleas and Supreme Court cannot affect de For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER knowingly gave false testimony concerning the II. RETAINER AND AUTHORITY. 88 (Vt.) No attorney or solicitor can withdraw from a case after he has once entered his appearance upon the record, without leave of court.-In re O'Brien, 107 A. 487. III. DUTIES AND LIABILITIES OF AT- pleas and then in Supreme Court, for to so do X. LIABILITIES ON BONDS OR UN- 107 A. 67. 349 (Me.) In an action of debt on a bond given to obtain the release of an attachment, the plea of non est factum only puts in issue the execution of the instrument.-Waterhouse v. Tilenius, 107 A. 337. Under a plea of non est factum filed in an action of debt on a bond given to secure the release of an attachment, it cannot be shown that the bond was not taken conformably to the requirements of the statute.-Id. In an action of debt on a bond given to obtain the release of an attachment, a statement filed under the general issue equivalent to a plea of nil debet is inappropriate as a plea.-Id. In an action of debt on a bond given to obtain the release of an attachment, it is not necessary for plaintiff in his declaration to count upon any other than the penal part of the instrument.-Id. 353 (Me.) In an action on a bond given to obtain the release of an attachment, where the plea of non est factum was not sustained, judgment may be entered for the penal sum of the bond, but the penalty may be chancered and execution issued for the amount remaining due on the judgment in the suit in which the bond was given including costs, etc.-Waterhouse v. Tilenius, 107 A. 337. ATTORNEY AND CLIENT. IV. COMPENSATION AND LIEN OF ATTORNEY. (A) Fees and Other Remuneration. 130 (N.J.Ch.) Counsel fees are only earned by fidelity to, and activity for, a client and his interests.-Hoboken Trust Co. v. Norton, 107 A. 67. The rule that fees are only earned by fidelity to and activity for a client and his interests applies with even greater severity in the case of an attorney than in the case of a trustee.-Id. 138 (N.J.Ch.) A decree should order taxed costs paid to the party to whose side the award is made, and not to his solicitor, as costs are recoverable by parties to reimburse them for expenses in prosecuting or defending a suit, although the solicitor may be entitled to all of costs recovered; that being a matter between himself and his client.-Hoboken Trust Co. v. Norton, 107 A. 67. Where costs are not awarded in favor of one party as against the other, they are taxable as between solicitor and client.-Id. 153 (N.J.Ch.) Clients are not alone concerned in the conduct of their solicitors, but also the court and public, when clients have been injured by conduct of their solicitors contrary to the character of legal profession and opposed to sound public policy and a proper and decorous administration of the law.-Hoboken Trust Co. v. Norton, 107 A. 67. Where solicitor did not remit to his client the amount collected for him, less his fees and costs, but concealed the collection and converted entire fund to his own use, and was only in a position to pay it over because, after discovery, the court's compulsory process was laid upon him, he forfeited all right to compensation for services, and could recover only his actual disbursements in client's behalf.-Id. See Appeal and Error, 230, 756, 766, 1060, 1078; Contribution, 3, 9; Corporations, 189; Courts, 85, 202; Criminal Law, 724, 729, 1024; Divorce, 224; Eminent Domain, 170; Evidence, 317, 543; Executors and Administrators, 111: Frauds, Statute of, 118; Husband and Wife, 171; Infants, 80; Injunction, 227; Judgment, 435, 461; Receivers, 119; Trial, 110-133, 168; Trusts, 330, 371; 155 (N.J.) The court of chancery has no Witnesses, 199, 202, 217. 20 (Del.Ch.) While ordinarily the solicitor of the complainant should not act as the solicitor of the receiver, there is no impropriety therein where a stockholder of a dissolved corporation, without creditors, being wound up by its directors as statutory trustees, obtains appointment of a liquidating receiver to supplant them and recover assets alleged to have been diverted by them; as there is no diversity of interest between stockholders, and the receiver should not be neutral between them and offending directors.-Cahall v. Lofland, 107 A. 769. (C) Suspension and Disbarment. 42 (Vt.) Proof that an attorney conspired with another to utter a forged instrument and power to allow counsel fees, in a cause instituted for professional services rendered in a foreign jurisdiction in an independent litigation, but any allowance must be for services rendered in a cause over which court making allowance has jurisdiction.-Hitchcock v. American Pipe & Construction Co., 107 A. 267. ATTORNEY GENERAL. See Equity, 269. AUCTIONS AND AUCTIONEERS. See Fraudulent Conveyances, 214; Landlord and Tenant, 270; Replevin, 22. AUTOMOBILES. See Appeal and Error, 1050, 1068; Bridges, 33; Carriers, 280, 318, 320; Chattel Mortgages, 7; Costs, 32; Covenants, Bail 52, 103; Damages, 139, 217; Death, 14, 58, 104; Evidence, 117, 171, 314, 586, 594; Execution, 448; Highways, 175; Homicide, 180; Insurance, 512, 612, 615; Master and Servant, 155, 217, 301, 302, 332; Municipal Corporations, 705, 706; New Trial, 71; Railroads, 304, 324, 328, 337, 400; Statutes, 123; Street Railroads, 99, 103, 117. BAIL. See Habeas Corpus, 33, 110. BAILMENT. See Joint Adventures, 4. BANKRUPTCY. See Appeal and Error, 1050; Corporations, 228; Principal and Surety, (A) Jurisdiction and Course of Procedure 20(2) (N.J.Ch.) A receiver appointed by a state court for a corporation may, where the officers and directors, without authority, prepared and filed a petition in bankruptcy court, move to strike the petition without submitting in any other particular to the jurisdiction of the bankruptcy court.-Cavagnaro v. Indian Tire & Rubber Co., 107 A. 643. Where, on a voluntary petition in bankruptcy (B) Assignment, and Title, Rights, and 906 than his proportionate share of the bankrupt's Whether a payment effected a preference depends on its effect at the time when made, and does not depend upon what other creditors received on final settlement.—Id. 166(4) (Vt.) Ordinary prudence is required of a creditor to ascertain his debtor's insolvency, and, if he fails to investigate when put upon inquiry, he is chargeable with all the knowledge he would have acquired if he had investigated.— Slayton v. Drown, 107 A. 307. (E) Actions by or Against Trustee. 303(2) (Vt.) Testimony objected to as having no tendency to show that defendant had reasonable cause to believe that the payment by the creditor would effect a preference held admissible as bearing upon the value of the bankrupt's stock of goods at the date of the alleged preference, where so limited by instructions and where there was testimony making such value a link in the chain of evidence to establish a preference.-Slayton v. Drown, 107 A. 307. In an action to recover a preference, testimony of trustee in bankruptcy, received to identify the appraisers mentioned in the record, one of whom afterwards qualified and testified as to the value of the property of the bankrupt estate at the time of appraisal, was properly admitted.-Id. In a trustee's action to recover a preference, plaintiff's testimony that he took lawful possession of a bankrupt stock of goods, and that his first possession was by virtue of two writs of attachment, was not prejudicial to the defendant.-Id. In an action to recover a preference, testimony of the trustee in bankruptcy that he took possession of the bankrupt stock and held it until its sale, and that it was sold at private sale and in bulk, was admissible.-Id. In a trustee's action to recover a preference, bankrupt's testimony that he had paid certain notes to defendant, but that there was one that was not paid, and that he told defendant at one time why he could not then pay the note, was a link in the evidence tending to show defendant's knowledge of the bankrupt's insolvency at the time of the alleged preference.-Id. fendant in a bankruptcy trustee's action to recover a preference and another acting for him, who in such conversation indicated that the bankrupt did not have the amount of money in goods defendant supposed and was then insolvent, was admissible as tending to show that defendant had his attention called to bankrupt's financial condition.-Id. Evidence of a conversation between the de (F) Claims Against and Distribution of Estate. Where bankruptcy proceedings are begun after appointment of receiver of insolvent corporation under the statute, and bankruptcy 345 (Vt.) A debt for rent stands like any court has ultimate control of property, and debt before the court of bankruptcy, without receiver fails to apply to Court of Chancery to preference unless made preferential by state or pass his accounts, fix his fees, and direct him federal statutes.-Slayton v. Drown, 107 A. 307. to turn over balance to trustee, the trustee V. RIGHTS, REMEDIES, AND DISCHARGE OF BANKRUPT. may move that Court of Chancery for that purpose, and if trustee is dissatisfied with decree, he may appeal in ordinary course.-Id. A receiver appointed by Chancery Court may 165(1) (Vt.) Under Bankruptcy Act, §§ 60a, 424 (Vt.) The term "willful and malicious," as used in the Bankruptcy Act (U. S. Comp. ful and malicious injuries to person or property St. §§ 9585-9656), excepting liabilities for willcy, does not necessarily involve hatred or ill from the operation of a discharge in bankruptwill as a state of mind, but signifies a wrongful act done intentionally, without just cause or excuse; the malice contemplated being involved in the intentional doing of a wrongful act, in disregard of what one knows to be his duty, to the injury of another.-Wellman v. Mead, 107 A. 396. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER BANKS AND BANKING. See Brokers, 7; Gifts, 30. I. CONTROL AND REGULATION IN GENERAL. 2 (Me.) Business of the Mutual Construction Company of Manchester, N. H., whose main ostensible purpose is to aid members, in order of membership to build from monthly payments made by members, for participating in which as agent defendant was indicted for doing a banking business without being legally authorized, in violation of Rev. St. c. 52, § 2, held, in the absence of statutory definition including it, to be very different from banking.-State v. Pelletier, 107 A. 828. Banking which Rev. St. c. 52, § 2, prohibits being done, unless duly authorized, and defines as including "receiving money on deposit as a regular business," does not include the receiving of monthly installments paid by members to a company, whose main object is to aid members, in order of membership, to build with such payments, especially in view of section 120, forbidding the conducting without official sanction of the business of a building and loan association, or "any business similar thereto."-Id. III. FUNCTIONS AND DEALINGS. (C) Deposits. 129 (N.J.Ch.) Where money was deposited in bank in the joint names of mother and daughter, who signed and delivered to bank a writing that "this account and all money to be credited to it belongs to us as joint tenants, and will be the absolute propery of the survivor of us, either and the survivor to draw," they were joint tenants, and upon mother's death daughter was entitled to money deposited.-New Jersey Title Guarantee & Trust Co. v. Archibald, 107 A. 472. VI. LOAN, TRUST, AND INVESTMENT COMPANIES. 314 (N.J.Ch.) Directors of a trust company, who knew that the cashier loaned money, contrary to the by-laws, without advising the president, and that he repeatedly made improper entries with intent to conceal, a high misdemeanor under Trust Companies Act, § 17 (4 Comp. St. 1910, p. 5661), but nevertheless retained him against the warning of the banking commissioner, vested by section 21 with supervision but not power of removal, are guilty of breach of duty, under their oath provided for by section 12, and liable for resulting losses, although they may have been good business men and have acted in good faith.-Roseville Trust Co. v. Mott, 107 A. 462. Where the examining committee of the board of trustees of a trust company, in attempting to comply with Trust Companies Act, § 14 (4 Comp. St. 1910, p. 5660), handled and counted the cash and assets, but did not investigate and report the value of securities carried on the books, and were also negligent in examining the accounts of depository banks, and in taking the treasurer's statement as to them, the trustees were liable for resulting losses on the ground of negligence.-Id. In suit by commissioner of banking in behalf of an insolvent trust company against its directors for losses through their negligence, the examining committee of the board of directors, in so far as failing to detect the treasurer's manipulation of the general ledger, held not guilty of culpable negligence, an honest effort to do their duty having been shown, and the thorough examination of an expert accountant not being required as to them.-Id. An inexperienced director, who was not a member of a trust company when it began business though a member of the examining committee, held not to be charged. constructively with the negligence of the committee's chair man, in not requiring from correspondent banks a statement as to outstanding checks and drafts; such new director having taken part in only one examination.-Id. A director of an insolvent trust company whose only connection with the acts of an examining committee was a failure to report that certain securities were carried on the books at an excessive valuation is not liable as for negligence, where such fact was already known to the board of directors, and hence did not contribute to concealment of the treasurer's defalcations.-Id. A settlement accepted from other directors by the commissioner of banking, under order of the chancery court, and pursuant to a contract with the bank's successor and Trust Companies Act, § 22 (4 Comp. St. 1910, p. 5663, as amended by Act April 1, 1913 [P. L. p. 282]), held not to operate as a release of defendant directhe commissioner having reserved the tors; right to sue defendants.-Id. Directors of a trust company who knowingly retained a dishonest cashier and permitted the lending of money, contrary to the statute and by-laws, were liable to the same extent, irrespective of the relative degree of their negligence.-Id. BENEFICIAL ASSOCIATIONS. See Building and Loan Associations; Charities, 11, 20, 21; Insurance, 687-817. order who had appealed to the Grand Lodge 10(3) (Md.) Where a member of a fraternal from an order suspending him was expelled by that body on grounds additional to those on which the suspension was based, which had not been formally presented as charges as required by the rules, and after a hearing of which the member was given no notice, though he learned of it the morning of the hearing, he was not given a fair hearing, and the expulsion will be set aside.-Universal Lodge No. 14, Free & Accepted Masons, of City of Annapolis, v. Valentine, 107 A. 531. 10(6) (Md.) A member of a fraternal organization who was expelled from the order without such a fair trial as the rules of the order provided for, or as justice would require, and without acquiescing in what was done, and who has exhausted the remedies provided for by the rules of the order, is entitled to have a court of equity interfere to protect his rights.Universal Lodge No. 14, Free & Accepted Masons, of City of Annapolis, v. Valentine, 107 A. 531. BILLS AND NOTES. See Affidavits, 15; Appeal and Error, 1012, 1068; Attachment, 27; Bankruptcy, 303; Chattel Mortgages, 63; Corporations, 80, 198, 568; Evidence, 159, 171, 423; Executors and Administrators, 221; Husband and Wife, 232; Insurance, 669; Judgment, 435, 461, 464; Mortgages, 216; Payment, 21; Pleading, 348; Principal and Surety, 116, 130; Sales, 135; Usury, 12, 76, 98. I. REQUISITES AND VALIDITY. (B) Form and Contents of Promissory Notes and Duebills. 49 (Pa.) Where defendant made a note at request and for sole benefit of plaintiff trust company, in reliance upon its contemporary parol promise that he would not be liable, but that company would look to the payee and endorser of maker's original note, company was not a holder of later note for value, as defendant was a mere accommodation maker, within Negotiable Instruments Act.-Lackawanna Trust Co. v. Carlucci, 107 A. 693. The party for whose benefit accommodation paper has been made acquires no rights against the accommodation maker, who may set up the |