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pleadings recovered a judgment in excess of
See Highways, g 95; Sales, § 211; States, 8
ARGUMENT OF COUNSEL.
See Criminal Law, 88 703–72142; Trial, 8
I. IN CIVIL ACTIONS.
$ 27 (Mich.) An affidavit for writ of capias ad
respondendum, alleging fraudulent representasen, 142 N. W. 200.
financial responsibilities to induce plaintiffs to
-Rice v. Knappen, 142 N. W. 336.
defendant's release bond.—Priebisch v. Otten
wess, 142 N. W. 762.
ASSAULT AND BATTERY.
I. CIVIL LIABILITY.
$ 35 (N.D.) In an action to recover damages
judgment for plaintiff.–Stockwell v. Brinton,
142 N. W. 242.
See Drains, _82; Municipal Corporations, $$
ASSIGNMENT OF ERRORS.
8 9 (Minn.) An order entered on a special ap:
A special appearance was not made general by
II. OPERATION AND EFFECT. quest, on the hearing upon the order to show
8 85 (Neb.) Where a contractor for the concause why service of summons should not be struction of a schoolhouse assigned his claim set aside.--Id.
against a school district and the assignee imme
diately notified the district of the assignment, APPLIANCES.
but an unsigned copy only was filed and sever
al months afterwards the original assignment See Master and Servant, 88 124–129, 217, 265, was lost, the rights of the assignee were not 286.
subordinated to those of a subsequent assignee
under an assignment filed with the board.APPLICATION.
Stansberry Lumber Co. v. School Dist. of City
of McCook in Red Willow County, 142 N. W. See Payment, $$ 39, 41,
§ 366 (S.D.) Under Code Civ. Proc. $ 127, $ 132 (Mich.) While an assignee in certain subd. 1, providing that claims arising out of cases may sue in his own name, it is neverthe-the contract or transaction involved may be less necessary for him to allege' an assignment pleaded as a counterclaim, defendant's right to in his declaration and prove the same.-Me- set up as a counterclaim damages for an esKnight v. Lowitz, 142 N. W. 769.
cessive levy by plaintiff who began his action
by attachment cannot be defeated on the ASSIGNMENTS FOR BENEFIT OF
ground that the right was not in existence at
the time of the commencement of the action.CREDITORS.
Tuthill v. Sherman, 142 N. W. 257.
In an action upon a note begun by attachSee Bankruptcy.
ment, defendant's right of action for damages
for an excessive levy cannot be set up as a V. RIGHTS AND REMEDIES OF
counterclaim under Code Civ. Proc. & 127, sub. CREDITORS.
1, allowing counterclaims in causes of action (B) Presentation, Proof, and Payment of arising out of the contract or transaction in Claims.
suit and in actions arising upon contract: the $ 307 (Mich.) Where a claimant cannot state present claim sounding in tort and not arising what portion of an indebtedness represented by out of the transaction involved.-Id. a note accrued before the execution of a trust deed for the payment of the debts of the maker,
ATTORNEY AND CLIENT.
See Attorney General; Constitutional Law, $ See Insurance, 88 715–819.
58; Counties, $ 113; Evidence, $$ 204, 213;
Judgment, $ 143; Malicious Prosecution, $ 81 (lowa) A trading association is, gener
21, 71; Mortgages, $ 581; Municipal Corporaally speaking, one doing a business of buying
tions, $ 131; Notice, $ 10; States, $$ 94, and selling for profit, while those doing a busi
203; Trial, § 133. ness other than buying and selling for profit are nontrading.–Schumacher v. Sumner Tele
I. THE OFFICE OF ATTORNEY. phone Co., 142 N. W. 1034.
(C) Suspension and Disbarment. § 16 (Iowa) The members of a voluntary unincorporated association are liable as partners $ 39 (Minn.) That an attorney had been con for an indebtedness lawfully incurred by the victed of a misdemeanor, and had paid a fine of association in the pursuance of the business $50 eight years before, which matter was of for which it was organized, even though they record and well known, was not ground for do not expressly consent to the creation of either his disbarment or discipline.-In re De such indebtedness and do not understand or be- La Motte, 142 N. W. 929. lieve that they have assumed any partnership $ 44 (Minn.) That an attorney falsely repre relation.-Schumacher Sumner "Telephone sented to his client, defendant in divorce, that Co., 142 N. W. 1034.
the court had ordered the payment of $75 er The power of one member of an unincorpo- pense money, and collected such sum from his rated association to bind another is confined to client and used it himself and also willfully transactions within the natural and proper appropriated to his own use money collected for scope of the business in which they are asso
clients, held grounds for disbarment, under Rer. ciated.-Id.
Laws 1905, $ 2290.-In re Novotny, 142 N. A nontrading association has no power to
W. 733. borrow money or make negotiable paper and § 44 (Minn.) The unauthorized act of an atcharge the members not assenting thereto with torney in dismissing his client's motion for a individual liability.-Id.
new trial without the client's consent held an Unincorporated association organized to con
act of willful misconduct authorizing his susstruct and operate telephone lines for mutual pension.-In re De La Motte, 142 X. W. 9:29. convenience and service hold a nontrading asso Where an attorney secures written contracts ciation, and hence its members were not lia for his services, orally agreeing to pay a portion ble on a loan to its manager without their of the costs, it is professional misconduct, anknowledge or consent.-Id.
thorizing his suspension or disbarment, though Members of nontrading unincorporated asso
the written contracts were purposely drain ciation held not estopped as against one lending
so as to hide their champertous nature.-Id. money to the manager to deny the manager's authority to charge them with liability.-Id.
See Constitutional Law, § 58; Intoxicating
Liquors, $ 73. See Appeal and Error, $8 1033, 1047; Evi $ 6 (Neb.) The Attorney General being the
dence, 88_131, 471; Money Received ; New attorney for the state, the state officers may call Trial, & 72; Pleading, $ 143; Sales, 88355, upon him for advice upon questions of law 359, 363.
which arise in the discharge of their duties.ASSUMPTION.
Follmer v. State, 142 N. W. 908. Risk, see Master and Servant, 88 204–219, 280,
See Principal and Agent, g 103.
Municipal Corporations, 8 706 ; Trial, & 260. XI. WRONGFUL ATTACHMENT. $361 (S.D.) Where plaintiff in an action upon
AWARD. a note for $3,500 maliciously attached property See Waters and Water Courses, 8 183. of defendant amounting to over $100,000, defendant has a right of action for damages for the excessive levy.-Tuthill v. Sherman, 142 N.
BAGGAGE. W. 257.
See Carriers, 88 391-408; Trial, 88 84, 89.
fendants were partners in the bank and whether
they had held themselves out to others as partSee Sales, & 8; Warehousemen.
ners.--Folks v. Burletson, 142 N. W. 1120. BANKRUPTCY.
III. FUNCTIONS AND DEALINGS.
Bank by Oficers
8 118 (Mich.) Declarations by the officers of III. ASSIGNMENT, ADMINISTRATION, a private bank that it was backed and run by AND DISTRIBUTION OF BANK certain individuals held admissible, in view of RUPT'S ESTATE.
other evidence of their employment, as declara(B) Assignment, and Title, Rights, and
tions within the scope of their employment and Remedies of Trustee in General.
not mere declarations as to agency.-Folks v. $ 148 (Iowa) As Bankr. Act, $ 70a, does not
Burletson, 142 N. W. 1120.
See Assault and Battery.
See Insurance, 88 774, 784, 796, 79742, 805, Other Liens.
812. $ 175 (Iowa) A conveyance by a husband in anticipation of bankruptcy, which was a prefer
See Criminal Law, $ 402; Evidence, 88 174,
BILL OF EXCEPTIONS.
BILL OF EXCHANGE.
BILL OF LADING.
BILL OF SALE.
See Evidence, $ 434.
BILLS AND NOTES.
See Appeal and Error. SS 173, 175; Assign-
sociations. & 16; Attachment, $$ 361, 366; (A) Incorporation, Organization, and In Bankruptcy, 8 426; Corporations, $ 99; Evicidents of Existence.
dence, $8 135. 419, 434; Gaming, $ 19; Gar
nishment, $ 56; Husband and Wife, $ 279 ; $ 24 (Mich.) An advertisement inserted by the directors of a private bank in a local newspaper
Mortgages, $ 8, 222, 243 ; Partnership, $ held a representation of personal responsibility
55; Sales, $ 469; Trial, $g 191, 350. on their part as partners.-Folks v. Burletson,
I. REQUISITES AND VALIDITY. 142 N. W. 1120.
(F) Validity. $ 28 (Mich.) In an action by the creditors of a private bank against several defendants al $ 101 (Wis.) A note signed by one so intoxileged to have been copartners in the manage- cated as to wholly destroy the rational faculment of the bank, evidence held sufficient to ties of the mind is void as between the partake to the jury the questions whether the de- | ties.-Green v. Gunsten, 142 N. W. 261.
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER
$ 109 (Wis.) A note, supported by a sufficient, fide holder.-First Nat. Bank v. McNairy, 142 consideration, may be conditioned upon its be- N. W. 139. ing extinguished by a condition subsequent, $ 525 (Iowa) In an action on a note by an specified therein.-Miller v. Slater, 142 N. W. indorsee which was a partnership, the testi124.
mony of its president that he had no notice of V. RIGHTS AND LIABILITIES ON IN
any defect in the note or defense against it DORSEMENT OR TRANSFER.
was not conclusive, as notice to any of the
other officers would be notice to the partnership. (B) Indorsement for Transfer. --Bank of Bushnell v. Buck Bros., 142 N. W. 827112 (Minn.) That the word "car" was
1004. omitted from the name of the payee, Northland $ 525 (Minn.) In an action on a note disMotor Car Company, in the indorsement on the counted by plaintiff bank before maturity eriback of a note, did not invalidate such indorse-dence held to show that the whole amount for ment.-First Nat. Bank v. McNairy, 142 N. W. which credit was given a depositor on the dis139.
count of the note was paid out the day after
its discount, before any notice of any defense (D) Bona Fide Purchasers.
thereto, and before it became due, so as to ren8 335 (Minn.) Where plaintiff
not der the bank a holder for value.–First Sat. good-faith purchaser of the purchase money Bank v. McNairy, 142 N. W. 139. note sued on, but with full knowledge of the ex $ 537 (Iowa) In an action on a check giren in isting facts, procured same from the realty. com- part payment on a contract for the purchase pany employing him, the fact that the considera- of land, defended on the ground of fraudulent tion for the note had wholly failed constituted representations of the vendor at its inception, a complete defense.-Schlemmer v. Nelson, 142 evidence held insufficient to make such fraud a N. W. 1041.
question for the jury.–First Nat. Bank of 8 356 (Minn.) Where a bank discounts a note Crookston, Minn., v. Osborn, 142 N. W. 209. for the payee and places the amount to his
8 537 (Minn.) In an action on a note dis. credit, it does not thereby become a purchaser counted by plaintiff bank before maturity, evfor value until the credit so given is exhausted idence held to require direction of verdict for by payment of checks drawn against such ac- plaintiff.–First Nat. Bank v. McNairy, 142 N. count.--First Nat. Bank v. McNairy, 142 N. W. W. 139. 139. In determining whether a particular sum
$ 538 (Iowa) In action on note given for price placed to a customer's bank account has been of horse defended on the ground of false repexhausted, amounts paid on his checks should resentationsand breach of warranty, instrue. be charged against the oldest items of deposit tion that, if the note was obtained througti
fraud or on accoun or credit.-Id.
of the seller's having war
ranted the horse, the burden was on plaintiffs 8 366 (Wis.) Under Negotiable Instruments
to show that they were holders in due course Law, $$ 1676—25, 1676–27, declaring that a
held not erroneous in view of Code Supp. 1907, holder in due course holds free from any defect $$ 3060a-55 and 3060a-59.-Bank of Bushnell of title of prior parties, except where the title
v. Buck Bros., 142 N. W. 1004. of the payee is void on the ground of fraud, duress, or other unlawful means, a holder in
8 538 (Neb) In an action on a note defenddue course takes no title where the note was
ed on the ground that defendant had transferred void in its inception because of the intoxica- property to plaintiff in full satisfaction of all tion of the maker.-Green v. Gunsten, 142 N. demands, an instruction as to such transfer W. 261.
hold warranted by the evidence.--Arapahoe One signing a note when so intoxicated as to State Bank v. McKenna, 142 N. W. 531. be temporarily deprived of his understanding cannot be adjudged liable to a holder in due
BOARD OF HEALTH. course on the ground of his negligence.-Id.
See Health. 8 369 (Iowa) The right of the transferee of a check taken without notice of any fraud in its
BOARDS. inception was not affected by any subsequent transactions between the maker and the payee See Corporations, 204; Counties, &47, 204, rescinding the contract of exchange in which
206 ; Drains, $8 14, 15; Schools and School the check was given.-First Nat. Bank of
Districts, 8 86; States, SS 94, 95. Crookston, Minn., v. Osborn, 142 N. W. 209.
8 375 (Neb.) That a negotiable note was giv BONA FIDE PURCHASERS. en in satisfaction of a gambling debt is no de- See Bills and Notes, 88 335–375, 497, 525; Ven. fense against a bona fide purchaser for value without notice.-Storz Brewing Co. v. Skirving,
dor and Purchaser, $ 232. 142 N. W. 669.
See Arrest, $ 56; Constitutional Law, $ 205; $ 492 (Iowa) In an action on a note executed Costs, $$_222, 251; Drains, $ 29; Equity, s in the name of the S. telephone company against 51; Evidence, g 383; Factors, § 232; Guardpersons whose names did not appear on the note ian and Ward, 8 182; Insurance, $ 332; Inbut who were claimed to be members of an as toxicating Liquors, $8 293, 309; Municipal sociation doing business as the S. telephone Corporations, $$ 911-919, 964; Replevin, s company, the burden was on plaintiff to estab.
110; Schools and School Districts, $$ 81, 86; lish the facts necessary to show defendant's Warehousemen, § 18; Waters and Water liability.--Schumacher Sumner Telephone Courses, $ 230. Co., 142 N. W. 1034.
$ 497 (Iowa) Negotiation of note given for II. CONSTRUCTION AND OPERATION. price of horse for the purpose of preventing de $ 50 (Minn.) A statutory bond, containing the fense of breach of warranty held such a fraud statutory condition and also other conditions, in its negotiation as threw on the indorsee the will be construed so as to give effect to the stat. burden of showing that it was a holder in due utory condition, unless the language of the course under Code Supp. 1907, 88 3060a-55 and bond precludes such construction. - Fairmont 3060a-59.---Bank of Bushnell v. Buck Bros., Cement Stone Mfg. Co. v. Davison, 142 N. W. 142 N. W. 1004.
899. 8 497 (Minn.) Where the note sued on indorsed by the payee, the burden was on de
BOOKS. fendant to prove that plaintiff was not a bona I See Evidence, g 354.
and the horse walked off the unguarded ap
proach and plaintiff was injured, he, having See Drains, $ 15.
no premonition that he was going to faint and
not being subject to such spells, was not negliII. EVIDENCE, ASCERTAINMENT, AND gent in driving a horse that was blind.-Magee ESTABLISHMENT.
v. Jones County, 142 N. W. 957. $ 47 (Iowa) Where a grantor pointed out to $ 45 (Iowa) Since Code, 3447, par. 1, proa grantee a traveled road as a boundary of a viding for notice of injuries resulting from delot, and also to a third person purchasing from fective bridges, etc., does not require specifigrantee, and the grantee and third person took cation of the manner in which the defendant has possession to the traveled road, the grantor was been negligent, the fact that plaintiff's notice estopped from denying that it was the true charged that the county was negligent in failing boundary.-Willson v. Beck, 142 N. W. 78.
to provide a bridge with guard rails did not $ 47 (Neb.) A lessee of school land, who preclude an amendment, charging for the first points out to a purchaser a boundary and trans- time that the bridge was not 16 feet wide as fers the lease to him, is estopped to deny the required by section 1572.-Magee Jones line so designated, where the purchaser builds County, 142 N. W. 957. a fence thereon in good faith, and such line is $ 46 (Iowa) Where plaintiff fainted as he was acquiesced to for 17 years.--Fitch v. Walsh, 142 driving a blind horse across a bridge, the apN. W. 293.
proach of which was not guarded by rails, and
the horse walked off the approach and plaintiff BREACH OF MARRIAGE PROMISE.
was injured, he was not guilty of negligence as See, Appeal and Error, & 1066; Evidence, & a matter of law.–Magee v. Jones County, 142
N. W. 957. 471 ; Witnesses, $ 275.
Where plaintiff fainted as he was about to 8 2! (Iowa) Proof of the understanding by \ pass over a bridge, and the blind horse he was members of the family of one of the parties driving walked off the unguarded approach to that they were to marry may not, in an action the bridge, whether the county was negligent for breach of marriage promise, be considered in failing to guard tbe approach was for the as evidence of an agreement to marry.-Nolan jury.-Id. v. Glynn, 142 N. W. 1029. While in an action for damages from breach
BRIEFS. of marriage promise alone seduction, accomplished through the promise, and pregnancy, re
See Appeal and Error, 88 757, 773, 1078. sulting from the seduction, may be shown, on the ground of the mental anguish and humilia
BROKERS. tion from the breach being intensified thereby, abortion, though at the instance of defendant, | See Evidence, $ 354; Factors; Trial, $ 350. may not be shown; this being an element of
IV. COMPENSATION AND LIEN. damages only in an action for seduction.-Id.
8 40 (Wis.) An owner admitting in his anBRIDGES.
swer the employment of the broker may not de
feat recovery of commissions on the ground See Railroads, $ 99.
that the contract of employment was void for I. ESTABLISHMENT, CONSTRUCTION, show that the broker did not intend, by plac
want of mutuality; there being nothing to AND MAINTENANCE.
ing his name at the left side of the sheet, to $ 20 (Minn.) Where a bridge contractor failed sign in any other capacity than as a party.to place the bridge piers according to his con- Birdsall v. Fraenzel, 142 N. W. 274. tract, and as a result it was necessary that § 44 (Wis.) Where a contract for the emthey be removed and reconstructed, he could ployment of a broker to sell real estate was denot recover because of such reconstruction, livered to the broker and only signed by the where the defendant city did not, through the owner, and the broker proceeded to procure a members of its council, authorize the deviation purchaser before any notice of withdrawal, he from the contract.-Biegert v. Village of May. I could recover commissions on procuring a purdard, 142 N. W. 20.
chaser.-Birdsall v. Fraenzel, 142 N. W. 274. $ 21 (Neb.) Comp. St. 1909, c. 78, § 87, re A broker employed by contract to procure a quires a county to contribute toward the re- purchaser for real estate, containing no stipulapair of a bridge across the Platte river which tion that he should not sell to a certain person, extends into such county, though it is located need not follow subsequent instructions by the mainly within an adjoining county.-Dawson owner not to sell to such person.-Id. County v. Phelps County, 142 N. W. 697.
$ 49 (Mich.) Where a broker notified the ownThe word "stream," as used in Comp. St.
er that he thought that a third person would 1909, c. 78, 88 87-89, relating to bridges over purchase the property, and the owner authorizstreams which divide counties, is used in a gen- ed a sale at a specified price for a specified eral sense, and applies to rivers and smaller commission, the broker's authority was not courses of running water.-Id.
limited to the making of a sale to the third per
son, but he could make a sale to another on II. REGULATION AND USE FOR
the specified terms and recover his commission. TRAVEL.
-Harger v. Watson, 142 N. W. 352. $ 40 (Iowa) An approach to a bridge, essen
$ 54 (Iowa) Where a broker is only employed tial to enable persons on the highway to reach the main structure, constitutes a part of the to his principal, and he procures one with whom
to procure a purchaser on terms satisfactory bridge.- Magee v. Jones County, 142 N. W. 957. the principal enters into an enforceable con
$ 43 (Iowa) Where plaintiff, while driving a tract, the broker if acting in good faith in order blind horse onto a bridge, suddenly lost con to recover commissions is not further bound to sciousness, and the horse walked off the bridge show that the purchaser was ready, able, and or its approach, which was unguarded, the willing to perform.--Ketcham v. Axelson, 142 county's negligence in failing to provide guards. N. W. 62. and not the blindness of the horse or plaintiff's 8 55 (Neb.) A real estate broker having no exloss of consciousness, was the proximate cause clusive contract of agency cannot recover the of the injury.-Magee v. Jones County, 142 N. stipulated commission upon a sale made by othW. 957.
ers, although his own efforts may have con$ 44 (Iowa) Where plaintiff fainted as he was tributed to the result.-Starbird v. J. H. Mcdriving a gentle blind horse across a bridge, Shane Timber Co., 142 N. W. 683.
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER