Insurance Stock Companies-Actions-Venue-"Agent."-Plaintif
sued for the value of services as agent under a contract
of employment made in M. county with defendant insurance
company through its president; defendant's principal place
of business being in J. county. Civil Code Prac., section 71.
provides that, excepting certain actiins, an action against an
incorporated insurance company may be brought in the county
where its principal palce of business is situated; or, if it
arise out of a transaction with an agent of the corporation,
it may be brought in the county where the transaction took
place. Held, That plaintiff could sue in M. county, where
the transaction took place; the president being an agent of
the company within the statute. Ware v. Citizens' Life Insur-
ance Co.
ALIENATION-See Perpetuities 1.
APPEALS-See Contracts, 16; Land, 14; Marriage, 11.
1. Appeal and Error-Necessary Parties - Decedents.-Deced-
ent's real representatives ared necessary parties to an appeal
from a judgment awarding him land. Buchanan, &c., v. Boyd's
Exr.
433
2. Appeal and Error-Review-Absence of Necessary Parties--
Effect. The Supreme Court will not pass on the merits of
an appeal on motion to dismiss where necessary parties are
not before the court. Idem
433
3. Appeal and Error-Parties to Appeal-Death of Party-Revival
-Proceedings.-Civil Code of Practice, section 745, declares
that an appeal shall be granted within two years next
after the right to appeal first accrued. Section 734
provides that an appeal shall be granted as a matter of right
by the clerk of the Court of Appeals on application of either
party on filing with the clerk a copy of the judgment from
which he appeals. Section 739 requires the appellant to file
with the transcript a statement showing the names of the
appellants and appellees, and section 740 declares that no
appeal shall be docketed until such statement is filed. Held,
that, where complainant recovered a judgment for a tract
of land and died, whereupon defendants filed with the clerk
of the Court of Appeals a copy of the judgment, and a state-
ment for an appeal designating the deceased plaintiff and his
executor as appellees, within two years, the appeal was not
subject to dismissal because appellant's statement did not
subject to dismissal because appellant's statement did not
designate as appellees the devisees of the deceased plaintiff,
since, under section 767, the proper procedure was for appel-
lant to file a copy of the judgment, have the appeal granted,
and within one year thereafter revive the action against the
real representatives of the deceased plaintiff in the Court of
Appeals by suggesting the death, filing a copy of decedent's
will, with a statement of the names of the devisees, and
taking out process against them. Idem
433
4 Appeal and Error-Reversal-Conclusiveness of Judgment.---
Where, in partition, plaintiffs' petition presented every essen-
tial fact on which defendant could rest his claim to the land
as tenant by the curtesy, and, on a demurrer thereto being
overruled, defendant refused to plead further and elected to
stand on the demurrer, whereupon judgment was entered for
plaintiffs, defendant could not on return of the case after
affirmance on appeal, set up by answer any other ground of
defense; the judgment on appeal being res adjudicata. Hunt
v. Phillips, &c.
5. Appeal and Error-Review-Questions of Fact-Successive
Verdicts.-Civil Code of Practice, section 341, providing that a
party shall not be granted more than two new trials upon the
ground that the verdict is not sustained by the evidence, pre-
cludes reversal of the judgment and remand for a new trial
upon the sole ground that the verdict is not sustained by
the evidence, where there have been three verdicts upon sub-
stantially the same evidence for the same party, notwith-
standing either of the first two verdicts may have been set
aside for errors of law. L. & N. R. R. Co. v. Daniel........689
6. Same-Questions of Fact-Successive "Verdicts."-A trial
upon which the jury has failed to agree will not be con-
sidered as one of the "verdicts," within Civil Code of Practice,
section 341, precluding sending the case back for a new trial
upon the ground that the evidence is insufficient to support
the verdict, where there have been three verdicts upon sub-
stantially the same evidence. Idem
.... 689
7. Same-New Trial-Number that May Be Granted.-Civil Code
Practice, section 341, providing that a party shall not be
granted more than two new trials upon the ground that the
verdict is not sustained by the evidence, does not limit the
right to reverse the judgment and grant a new trial where
prejudicial errors of law have been committed, or the verdict
is so excessive as to make it plain that the jury must have
been influenced by passion or prejudice. Idem
.... 689
8. Damages-Personal Injuries-Excessive Verdict.-A verdict of
$11,500 for personal injuries causing great pain, resulting in
the loss of the right arm near the shoulder, and permanent
injury to the other parts of the body, was not excessive.
Idem
.... 689
9. Appeal and Error-Harmless Error-Form of Question.—
Though it would have been better practice, in the intro-
duction of evidence to show plaintiff's sobriety and industry;
to have asked witness whether plaintiff was an industrious,
sober man, yet where witness said that he had known plaintiff
all his life, and was acquainted with his general reputation
for sobriety and industry, and that his reputation in those
respects was good, it was in substance the same as if witness
had testified directly from his personal knowledge, and error
in the form of the question does not require a reversal.
Idem
689
1. States-Funds-Appropriations.-The State University and the
State Normal Schools are among the educational institutions,
for which, under the proviso of Const. section 184, the Legis-
lature may make appropriations without submitting the question
to the voters. James, Auditor, v. State University, etc....156
2. Schools and School Districts Funds Appropriations. -
Neither the change of the name of the "Agricultural &
Mechanical College of Kentucky" to "State University, Lex-
ington, Kentucky," by Act March 15, 1908 (Acts 1908, p. 22),
nor transfer by such act of its normal work proper to the
State Normal Schools, the collegiate department of pedagogy
being retained, destroyed its identity as a public corporation
and state institution as respects the matter of appropriation
therefor.
3. States-Appropriations-Indebtedness.-Whether
priation is a debt within Const. sections 49, 50, prohibiting
the Legislature contracting an indebtedness in excess
$500,000 to meet casual deficits or failures in the revenues,
Appropriations-Bills and Notes.
APPROPRIATIONS-Continued-
or contracting a debt for any other purpose, except with a
provision for levy and collection of a tax to meet it, depends
on the character of the appropriation and the manner of its
payment; and Act March 16, 1908 (Acts 1908, p. 22), appro-
propriating $200,000 for buildings for state educational institu-
tions, to be paid in three equal sums, in December of three
successive years, and $70,000 for their current expenses of
the year, and for each succeeding year, will not be held to
contravene such sections; it not appearing that, when the
payments are to be made, there will be such a deficit. Idem.157
ATTORNEY AND CLIENT-
Contract for Contingent Fee Construction.-An attorney's con-
tract provided that his client should pay a fee equal to 50
per cent. of any sum collected or recovered by suit or com-
promise. After suit a settlement was effected between de-
fendant and the client by which the client was paid $1,500;
defendant agreeing to pay the attorney the fee agreed on
between him and his client. Held, that the attorney did not
occupy the same relation to defendant as the client did, and
that he was therefore only entitled to receive one-half of
the amount paid his client, and not a sum equal to the
amount so paid. Schmitz v. South Cov. & Cin, Ry. Co.....207
1. Signature in Blank-Liabiity.-Under the common-law rule in
Kentucky, one signing his name to a blank note and de-
livering it to another to be used to raise money is responsible
for whatever sum the latter inserts in the body of the note.
Herman's Exr. v. Gregory....
819
2. Same Consideration-Statutes “Valuable Consideration.” -
Where payees of a note, on receiving it, paid a specified sum
to banks, which the maker owed, there was a valuable con-
sideration for the note, within Negotiable Instruments Law
(Acts 1904, p. 220,, c. 102), section 25, providing that an ante-
cedent debt constitutes value. Idem.....
819
3. Same "Holders for Value"-Statutes.-A payee of a note,
who on receiving it, paid a specified sum to banks, which
the maker owed, is a holder for value within Negotiable In-
struments Law (Acts 1904, p. 220, c. 102), section 26, pro-
viding that, where value has been given for the instrument,
the holder is a holder for value. Idem......
..... 819
4. Same Signature in Blank-Liability.-G., P., and B. bought
property and gave their joint notes for the price; each to be
BILLS AND NOTES-Continued-
liable for one-third thereof. B. was unable to pay, and G.
and P. agreed to pay his share on B. securing them by a
note with a third person as surety. B. procured the third
person's signatureto a blank note on the understanding that
he would use it to borrow money. B. filled in the blanks,
signed it as maker, and delivered it to G. and P., who paid
B.'s share. Held, that the note was used for the purpose
for which the third person signed it, and he was liable as
surety. Idem....
819
BROKERS-
Fraudulent Representations.-A real estate broker cannot be held
liable for representing to an intending purchaser that the
owner would not accept less than the sum named by the
broker for the premises, though the owner had in fact agreed
with him to sell at a lower figure, in the absence of any con-
fidential relation between the broker and intending purchaser
or fraud to prevent inquiry or investigation by
purchaser. Ripy v. Cronan, &c...
BUILDING REGULATIONS-See Municipal Corporations.
BURDEN OF PROOF-See Railroads 8.
1. Regulation-Use of Carrier's Premises.-A contract by which
a railroad gave a transfer company the exclusive use of a
part of its station grounds along which there was a gravel
walk, and which was most convenient to the trains on which
the greater number of passengers arrived and departed, so
that such passengers were compelled to walk 150 feet past
the transfer company's cabs before reaching a place where
other cabs could stand, gave the transfer company a practical
monopoly of the transfer business, and was void. Palmer
Transfer Co. v. Anderson....
... 217
2 Carriage of Goods-Limitation of Liability-Value.-Under
Const. section 196, providing that no common carrier shall
contract for relief from its common-law liability, a trans-
portation contract arbitrarily fixing the value of the property
to
determine the freight and the extent of the carrier's
liability was void. Southern Exp. Co. v. Fox & Logan.... 257
3 Fraud-Fraudulent Misrepresentations-Elements.-In order to
maintain an action for deceit, the statement relied on must
have been false, must have been made with actual or con-
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