supposed agreement, the marriage cancelled the debt. 2 Cord on Rights of Married Woman, Sec. 890, b, sec. 1580; Schouler on Hus. and Wife, sec. 132; Smiley v. Smiley, 18 Ohio St. 543; Long v. Kinney, 49 Ind. 235."

In Gosnell v. Jones, 152 Ind. 638, 53 N. E. 281, there is approval of prior decision in holding that prior debt by married woman to her husband is discharged by the rules of the common law "which in this respect have not been changed by statute." There are cited Long v. Kinney, 49 Ind. 235; Hanneger v. Lomas, 145 Ind. 287, 44 N. E. 462, 32 L. R. A. 848.

The progenitor case in Indiana on this subject is Long v. Kinney, supra. It refers to the common law rule and adds that "there is no statute which attempts to save the rights of action of the husband against the wife on contracts entered into by her before the marriage."

Hanneger v. Lomas, supra, concerned an action for damages by a divorced woman against her former husband for seduction. It was said: "The husband by virtue of the marriage was entitled to all the personal property and choses in action of his wife, when reduced to possession, became his absolute property and he was entitled to the exclusive possession "of her real estate during their joint lives." The marriage extinguished all debts and causes of action for antenuptial wrongs, but where there was a decree of nullity of marriage between them she could sue.

In Farley v. Farley, 91 Ky. 497, 16 S. W. 129, it is said: "Now this common law rule prevails in this state, except as modified by statute, which modification consists in the wife retaining the legal title to her real estate and the husband's nonliability for the payment of any antenuptial debts of hers, except to the extent that he received personal estate from her by reason of the marriage. This non-liability is more favorable to him than was the common law rule, which was intended to establish equality, in view of the fact that the statute allows her to retain the title to her real estate; but it does not have the effect not to pay her debt that she might owe him, because he is yet entitled to all her personal estate, time, labor and earnings, which should have the legal effect of paying or extinguishing her indebtedness to him." It was ruled the "indebtedness was in law paid." See also Dillon v. Dillon, 24 Ky. L. Rep. 781, 69 S. W. 1099.

In Burleigh v. Coffin, 22 N. H. 118, 53 Am. Dec. 236, argument is very much on the same line as in the Farley case, supra. It was said also: "The position of the plaintiff that 'the marriage does not annul the contract, but only places it in abeyance' cannot be carried out without unsettling all the well-established principles of marital rights and disabilities, and suspending for the time being the operation of the statute of limitations." The contract, though legally made at the time, was held to "have become abrogated by the marriage."

It seems to us that it were an easy thing for the legislature to have explicitly declared abrogation of the common law rule and at this late day, in view of divergence of decision on this point from the beginning, courts assume a very great deal in abrogating it by construction.

C.

ITEMS OF PROFESSIONAL

INTEREST.

HON. PETER W. MELDRIM, PRESIDENT OF AMERICAN BAR ASSOCIATION.

Gen. Meldrim, whose portrait appears on the front page of this issue of the Central Law Journal, is a typical representative of that new South, which a fellow Georgian-Henry W. Grady-portrayed SO eloquently years ago, when the indomitable spirit of that portion of our land, which had been ravaged by war and despoiled by reconstruction, was beginning to come into its own.

Born in Savannah, Georgia, on Dec. 4, 1848, he has lived in his native city all his life, his parents, Ralph M. and Jane Fawcett Meldrim being of Irish stock. After finishing in the public schools of Savannah he went to the University of Georgia and there worked his way, graduating in 1868. Three years later he received from his alma mater the degree of Master of Arts and in 1913 she conferred on him the title Doctor of Laws. In 1869 he was admitted to the practice of law.

Gen. Meldrim's life, both as a lawyer and a citizen, has been a busy one. As a lawyer he has stood well at the front and, probably, enjoyed as large a practice in Savannah and the surrounding counties of Georgia as any member of its bar. Few were the cases of importance in his home city in which he was not retained, the most noted possibly among them being that in which Greene and Gaynor were tried in the Federal Court.

As a lawyer, also, he has devoted himself to advancing the ideals of his profession, the reform of procedure and the securing of uniform legislation, as his long active interest as a member of the American Bar Association and the Commission on Uniform State Laws attest. He also has served as president of his State Bar Association. In 1914 he was chosen president of the American Bar Association, His self-sacrificing spirit as a citizen has caused him to undertake many trusts, having been a member both of its House of Representatives and its Senate, Mayor of his city and member of the Board of Trustees of his alma mater. His military service is represented by his rising from private in the Georgia Hussars to colonel of a regiment of cavalry and then to the rank of brigadier general.

Gen. Meldrim's home life since his union in 1881 with Miss Frances P. Casey, of Augusta,

Georgia,

a lady of distinguished family in has been exceptionally a happy one, and she and he in the rich fruition of lives full of labor, not for themselves alone, look back, no doubt, with hearts of just pride upon the career he has nobly followed.

Speaking with the knowledge of an old friend, we have always regarded the subject of this sketch as one to whom a reflection on his honor would be like a blow in his face, while his uniform courtesy and consideration for others seemed a part of his very personality. As a hard student, a careful lawyer and an eloquent speaker, he is greatly appreciated by his clients and his people.

The Honorable Victor Murdock, of Kansas, was one day expatiating upon the wonders of that state to a group in the house cleak room, and he told this tale:

"A stranger from the East was proceeding through a certain section of Kansas when he observed what seemed to him to be a tall chimney rising above the monotonous level of the prairie.

"What is that chimney used for?" he asked the man with him, a native. "Somebody building a factory in this God-forsaken quarter?"

"That ain't no chimney," said the other. "That's Hank Lewis' well. Cyclone come along an' turned her inside out."-Everybody's.

3.

Animals-Trespass.-The rule that a landowner is bound to keep his animals within his own close, and is liable for their trespasses if they escape, does not apply to the escape of a harnessed team from the owner's land into a street, where it injured plaintiff.-Briggs v. Lake Auburn Crystal Ice Co., Me., 92 Atl. 185. 4.

Bail-Condition.-The sureties on a bond conditioned for the appearance of a defendant, to answer an accusation, for a specific misdemeanor, were not liable on defendant's failure to appear and answer to an indictment for a different misdemeanor.-Carson v. Brown, Ga., 83 S. E. 523.

5. Bankruptcy-Act of. Where an alleged bankrupt was a stockholder in an insolvent bank, in the hands of the bank commissioner, and he executed a note to the commissioner for his double liability, secured by a mortgage on nonexempt real property, he was guilty of an

act of bankruptcy.-Fulkerson v. Shaffer, U. S. C. C. A., 217 Fed. 355.

6. Composition.-Where, after a composition has been offered to creditors, a new or amended offer is made, the court is without authority to confirm it until it has been again submitted in the same manner as an original offer and all creditors have had an opportunity to accept or reject it.—In re Kinnane Co., U. S. D. C., 217 Fed. 488.

7.-Partnership.-Where a partnership was dissolved by bankruptcy proceedings, evidence on the examination of the bankrupts in the general administration of the estate was only admissible against the partner testifying, when offered in a subsequent proceeding by the bankrupts for discharge.-In re Malschick, U. S. D. C., 217 Fed. 492.

8.-- Statute of Limitations.-Where the holder of a junior color of title takes actual possession but vacates before the statutory period expires, that instant the owner's constructive possession intervenes and the wrongdoer's adverse possession ends.-Parrish V. ForemanBlades Lumber Co., U. S. C. C. A., 217 Fed. 335. 9. Subrogation.-The word "prevented," as used in Bankr. Act, § 67b, providing that when a creditor is prevented from enforcing his lien by his debtor, who afterwards becomes a bankrupt, the trustee shall be subrogated to the creditor's rights, means "prevented" by bankruptcy proceedings.-In re Schweitzer, U. S. D. C., 217 Fed. 495.

10. Bills and Notes-Negotiation.-A cashier's check indorsed by the payee to a trustee and by the trustee indorsed in blank and left in the custody of the bank, together with notes for the amount of the check, is not negotiated within L. O. L. § 5863.-Seaman v. Muir, Ore., 144 Pac. 121.

11. Carriers of Live Stock-Proximate Cause. -For damages from unnecessary treatment for hydrophobia to be the proximate result of the defendant express company's delay in transmitting the head of the suspected dog to an institute for examination, it was essential that it be not only a natural, but a necessary, result of such delay.-Miller v. Southern Express Co., S. C., 83 S. E. 449.

12. Carriers of Passengers-Comfort.-Under Civ. Code 1912, § 3266, where waiting room at station where tickets were sold was not open when regular train reached it during the night, company held liable to incoming passenger who became sick from traveling some distance in the cold-Bessinger v. Seaboard Air Line Ry., S. C., 83 S. E. 457.

13. Chattel Mortgages-Rents and Profits.Where a mortgagor or his successor in interest remains in possession of the mortgaged chattels, he is not accountable to the mortgagee for rents and profits even after condition broken.-Maynard v. Shaw, Pa., 92 Atl. 204.

14. Clubs-Intoxicating Liquors. A social club, incorporated under Rev. St. 1909, §§ 34323445, providing for the formation of benevolent, religious, scientific, educational, and miscellaneous associations, has no power to sell intoxicating liquors to its members.-State ex inf. Harvey v. Missouri Athletic Club, Mo., 170 S. W. 904.

15. Commerce Employee.-An employee on a bridge on a cut-off not yet provided with rails or used as a railroad was not employed in interstate commerce, within the protection of the federal Employers' Liability Act, though his employer was engaged in interstate commerce and intended to use the cut-off therein when completed.--Bravis v. Chicago, M. & St. P. Ry. Co., U. S. C. C. A., 217 Fed. 234.

16. Constitutional Law-Cumulative Liabilities. A state statute which subjects a corporation and its officers and employees to such excessive and cumulative penalties for its violation as to deter the corporation from testing its validity in the courts is unconstitutional, as

denying the equal protection of the laws.Kern Trading & Oil Co. v. Associated Pipe Line Co., U. S. D. C., 217 Fed. 273.

17. Due Process of Law.-Rev. St. 1909, § 6944, authorizing husband, on divorcement of wife, to designate another beneficiary in policies for the benefit of the wife, held not to take the wife's property without due process of law in violation of Const. U. S. amend. 14.-Orthwein v. Germania Life Ins. Co. of City of New York, Mo., 170 S. W. 885.

18. Initiative and Referendum.-Gen. St. 1909, § 1240, known as the "initiative and referendum law," is not a violation of Const. art. 2. $21, though it confers legislative powers of city commissioners and on the electors in cities of the first class.-State v. Board of Com'rs of City of Hutchinson, Kan., 144 Pac. 241.

19. Insolvency of Bank.-Act 1911, c. 44, making it an offense to receive a deposit in a bank, knowing it to be solvent, is not violative of Const. art. 1, § 18, in that it creates liability for imprisonment for debt.-State v. Willis, Tenn., 170 S. W. 1030.

20. Negro Electors.-As negro electors may vote on the question of the sale of intoxicants, which is submitted every two years, or may act under the Three Mile Local Option Law, they are not illegally deprived of any voice in the suppression of liquor traffic by the Going Act. which requires a petition of the majority of the white inhabitants as condition to the granting of a license.-Havis v. Philpot, Ark., 170 S. W. 1005.

21. Recall.-In Const. art. 2, § 18, authorizing the recall, the provision for additional legislation to aid the operation of the section does not hold the section in abeyance until the enactment of such legislation.-State v. Harris, Ore., 144 Pac. 109.

22. Workmen's Compensation Act.-Workmen's compensation act held not violative of the provisions of the Const. U. S. amend. 14. relating to equal protection of the laws.-Shade v. Ash Grove Lime & Portland Cement Co., Kan., 144 Pac. 249.

23. Contracts-Architect.--Though a building contract authorized the architect to determine responsibility for delay and the amount of loss occasioned thereby, the architect's determination as to the loss of rent suffered by the owner on account of the contractor's delay is not binding, though his certificate as to the extent and cause of the delay is binding.-Bavaria Inv. Co. v. Washington Brick, Lime & Sewer Pipe Co., Wash., 144 Pac. 68.

24. Conflicting Covenants.-Where one covenant of a contract stipulates for acts to be done at specified times and another covenant stipulates for acts to be done, without fixing any time for performance, a breach of the latter covenant is no defense to an action for a breach of the former.-Busch v. Stromberg-Carlson Telephone Mfg. Co., U. S. C. C. A., 217 Fed. 328.

25. Corporations-Liability of Stockholder.Except where elements of estoppel supervene, the general rule is that a shareholder is not liable to creditors upon insolvency of the corporation, unless the circumstances are such that he would have been liable to the corporation itself--Grier v. Union Nat. Life Ins. Co., U. S. D. C., 217 Fed. 287.

26. Treasurer.-On dissolution of a corporation, the treasurer cannot avoid an accounting to determine the amount due by him by attempting to make a settlement with the stockholder individually.-Montcastle v. Wheeler, N. C., 83 S. E. 469.

27. Courts Jurisdiction.-The citizenship and residence of the trustee in a mortgage, and not of the owner of the claim secured, determines the jurisdiction of a federal court of a suit to foreclose.-Smith v. Bell, U. S. C. C. A., 217 Fed.

243.

28. Practice.-Demurrers in equity having been abolished, whether complainant, on an application for a preliminary injunction, is determined on motion made and heard as provided by equity rule 29 (198 Fed. xxvi, 115 C. C. A. xxvi).Southwestern Surety Ins. Co. v. Wells, U. S. D. C., 217 Fed. 294.

29. Criminal Law Further Instructions.Where, in a prosecution for assault to commit murder, the jury returned a verdict of "guilty of

manslaughter," it was not error to then further instruct the jury, and for the jury to return a verdict of "guilty of assault with intent to commit manslaughter."-Evans v. State, Fla., 66 So. 421.

30. Damages Mental Anguish. In an action for personal injuries the jury may consider in fixing damages plaintiff's mental anguish and worry, but only in connection with her physical injury and the injury to her nervous system.Folk v. Seaboard Air Line Ry., S. C., 83 S. E. 452, 31. Dead Bodies-Contracts.-Contract by defendant with A. and others, employing them to bring the body of E., who had died at an inaccessible place, to R., where defendant took charge of it and employed an undertaker to bury it, held to have been made on his Own responsibility and not on behalf of E.'s estate.Anderson v. Koen, Wash., 144 Pac. 35.

32. Death-Law of Forum.-Where an action for death was brought in New York against a Maryland corporation authorized to do business there, for a death occurring in Pennsylvania, whether the action should be brought in the name of the beneficiaries or in the name of the decedent's representatives was regulated by the law of New York.-Teti v. Consolidated Coal Co. of Maryland, U. S. D. C., 217 Fed. 443.

33.- -Residence.-"Residence in another state," as used in Gen. St. Kan. 1901, § 4872 (Code Civ. Proc. § 422a), providing that in case of wrongful death of a person residing in another state suit may be brought by his widow, means residence anywhere outside of Kansas, and hence included an alien.-Diariotti v. Missouri Pac. Ry. Co., Mo., 170 S. W. 865.

34.

Descent and Distribution-Tender.-In a suit by a widow to have certain property declared partnership property of decedent and his son, where the partnership is denied, the widow cannot maintain the suit without tendering back a sum received by her in settlement.-Hadley v. Hadley, Ore., 144 Pac. 80.

35. Divorce Suit Money.-A decree in a divorce proceeding directing defendant to pay $35 per month for the maintenance of his minor children held properly made a lien upon his real estate in the state, and particularly upon the tract of land described in the decree.-Sanders v. Sanders, N. C., 83 S. E. 489.

36. Dower-Mines and Mining.-A doweress may not mine coal otherwise than as subservient to a comfortable enjoyment of her life estate.-Kentucky River Consol. Coal Co. v. Frazier, Ky., 170 S. W. 986.

37. Election of Remedies Estoppel. Where, in an attorney's action for compensation under an express contract with a township, plaintiff declined the trial judge's offer to permit him to amend that he might recover the value of such services, he could not thereafter recover on the basis of a quantum meruit.McCormick v. Hanover Tp., Pa., 92 Atl. 195.

38. Electricity-Respondeat Superior. The defendant railroad company is not liable for an injury to a boy who, in playing telephone, threw a wire across the trolley, which was lower than in ordinary cases because the road ran in a cut, and was injured when the wire came in contact with the trolley.-Kempf v. Spokane & I. E. R. Co., Wash., 144 Pac. 77.

Owner.

39. Eminent Domain-Abutting Where a street grade has been once established, a property owner, damaged by a subsequent change of grade, though he did not improve his property in accordance with the grade originally established, may recover damages from the city due to a change in the grade.-City of Louisville v. Lausberg, Ky., 170 S. W. 962.

40. Escrows-Delivery.-Where as instrument executed by defendant was left with the draftsman to be signed by other parties in interest, not to be effective until they had signed, it was a mere escrow, and, never having been signed by such other parties, was unenforceable. -Vaughan v. Vaughan, Ky., 170 S. W. 981.

41. Estoppel-Silence.--One building upon land knowing that it belongs to another cannot rely on the other's silence, but builds at his peril, and equity does not deny the other owner the right to assert his title.-Boynton v. Hunt, Va., 92 Atl. 153.

43. Extradition-Practice.-A certified copy of an information, on which accused had been convicted of a misdemeanor, held not a certified copy of an "affidavit or indictment," within the congressional act governing extradition, and hence was insufficient to authorize the granting of the application.-Ex parte Lewis, Tex., 170 S. W. 1098.

44. Forgery-Intent.-One who indorsed the name of a company on a check without authority is not guilty of forgery, if he believed that he had authority as the company's agent.Willetts v. Scudder, Ore., 144 Pac. 87.

45. Fraud-False Statement.-If land is at a distance, or the statement of value connected with specific representations as to conditions, or the purchaser cannot make an examination, a false statement as to the value will constitute fraud. Robertson v. Frey, Ore., 144 Pac. 128.

46. Frauds, Statute of-Part Performance.Taking possession of land pursuant to a verbal contract of sale, together with payment of the purchase price, is a sufficient part performance to take the transaction from under the statute of frauds.-Branstetter v. Branstetter, Ark., 170 S. W. 989.

47. Fraudulent Conveyances—Bulk Sales Law. "Fixtures" used in connection with a mercantile business are not by implication included within the meaning of "goods in bulk," as the term is used in the Bulk Sales Law.Boise Ass'n of Credit Men v. Ellis, Idaho, 144 Pac. 6.

48. Good Will-Agreements.-Agreement not to conduct the same kind of business held not violated by loaning money to a competing firm. -Finch Bros. v. Michael, N. C., 83 S. E. 458.

49. Homicide-Evidence.-Evidence that at various times defendant had threatened deceased, and that they had frequently quarreled, and that there existed certain causes of jealousy on the part of defendant, held not error, though some of the incidents were of trifling significance and others remote.-Ray v. State, Ga., 83 S. E. 518.

50.- -Indictment.-An information, charging that accused with a deadly weapon, to-wit, a pistol, did feloniously shoot off, at, against, and upon another, is sufficient to charge an assault with intent to kill, even though the use of the word "with" before "a deadly weapon" is bad grammar.-State v. Gould, Mo., 170 S. W. 868.

51. Opportunity to Commit.-Defendant charged with murder might defend by showing opportunity in others, and, such opportunity appearing, might offer evidence tending to prove guilt in one having such opportunity, inconsistent with his own participation in the crime.— State v. Wren, N. H., 92 Atl. 170.

man

52. Homestead-Forfeiture. When a with a wife and child was compelled, by an injury rendering him temporarily. unable to do manual labor, to leave home to support his family, but intended to return, he did not forfeit his homestead exemption.-Tompkins V. Henry Lochte Co., La., 66 So. 417.

53. Husband and Wife-Conveyance.-Where a wife conveyed her interest in the homestead and community property to her husband for an inadequate consideration, after separation and on his agreement to support, etc., which he failed to do after immediately obtaining a divorce, she was entitled to have the conveyance set aside.-Yeager v. Yeager, Wash., 144 Pac. 22. 54. Criminal Conversation.-In a husband's action for criminal conversation lack of consortium is an element of the damages, but the fact that the breaking up of the home or the destruction of the marital relation has been only partial and that there has been a reconciliation, may be considered in mitigation.-Rehling v. Brainard, Nev., 144 Pac. 167.

55. Gifts.-Courts of equity will carefully scrutinize gifts made by a wife to her husband, and will uphold same only where the cir

cumstances attending the transaction show that a gift was intended. Selle v. Rapp, Ark., 170 S. W. 1021.

56. Liability of Wife.-Where a husband and wife contracted for the building of a house, agreeing to pay part in cash, and to convey to the contractor a lot belonging to the wife, the rendition, in an action on the contract brought after the death of the husband, of a personal judgment against the wife is not improper.Nicholas v. Fante, Ky., 170 S. W. 979.

57. Separate Estate.-A person contracting with the payee of an accommodation note executed by a married woman that with it as security he will indorse a note for the payee, with full knowledge of all the facts, cannot recover, under Civ. Code 1910, § 3007, prohibiting a married woman to bind her separate estate by contracts of suretyship.-National Bank of Tifton v. Smith, Ga., 83 S. E. 526.

58. Indians-Allotment.-The issuance of an allotment certificate to an intermarried citizen of the Choctaw Nation, enrolled under Act Cong. July 1, 1902, § 11, is an adjudication that the person to whom it issues is entitled to the land, and constitutes a conveyance of the right to this title to the allottee.-Bowen v. Carter, Okla., 144 Pac. 170.

An

59. Equity.-Equity held to have jurisdiction to grant relief against a mistake in conditional patents to Indian allottees; remedy by Secretary of Interior under Act April 23, 1904, not being exclusive.-United States v. Chehalis County, U. S. D. C., 217 Fed. 281. 60. Injunction—Municipal Corporation. electric company is not entitled to a preliminary injunction to restrain a city from asserting its right to certain poles and wires claimed by both parties, nor to restrain enforcement of an ordinanec requiring complainant to place its wires underground, where no force or violence is threatened in either case.-Puget Sound Traction, Light & Power Co. v. City of Tacoma, U. S. D. C., 217 Fed. 265.

61. Insurance-Paid Up Policy.-Where an insurance policy entitled plaintiffs to a paid-up policy after three years, and a demand was made in proper time and not complied with, plaintiffs were entitled to damages in the amount of the cash value of such paid-up policy. Moore v. Life & Annuity Ass'n, Kan., 144 Pac. 200.

a

62. Suspension of Member.-Where check sent to pay an assessment 13 days past due was not received by the officer of the order until 19 days after suspension, and the member died on the same day, and the officer immediately returned the check, held, that the member was legally suspended at the time of his death. -Jenkins v. Ancient Order of United Workmen of Kansas, Kan., 144 Pac. 223.

63. -Waiver.-A provision in a premium note that an insurance policy shall be void unless the note is paid at maturity is waived by a valid agreement to postpone payment or by acts of the company inducing the policy holder to believe that such provision will not be enforced.-Murphy v. Lafayette Mut. Life Ins. Co., N. C., 83 S. E. 461.

64. Intoxicating Liquors License.-As the authority to sell liquor is a mere privilege which the state may grant or withhold, at its pleasure, it may require those desirous of permission to sell intoxicating liquor to procure a petition signed by a majority of the adult white inhabitants of the locality, as prescribed by the Going Act of 1913.-Havis v. Philpot, Ark., 170 S. W. 1005.

65. Original Package.-Where the liquor was shipped in an original package from a wholesaler in wet territory and delivered by the carrier in dry territory to an expressman to take to the consignee's residence, such delivery to the expressman was to a connecting carrier, and not a violation of Local Opion Law, 1909, § 18.-State v. Northern Pac. Ry. Co., Wash., 144 Pac. 47.

66. Social Club.-A social club, incorporated under Rev. St. 1909, §§ 3432-3445, cannot procure a retail license as a dramshop keeper, under sections 7188, 7191, providing for issuance of license to any "law-abiding, assessed taxpaying male citizen over twenty-one years of age."-