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$ 60 (Iowa) Where a broker contracts to pro- | way company subject to reasonable regulations, cure a purchaser and produces one who enters did not empower the city to make any contract into an enforceable contract with the principal, fixing rates of fare, so that they might not le the broker is entitled his commissions, changed by the Legislature or through the agenthough the contract is afterwards canceled.--cy of the Railroad Commission; so that an Ketcham v. Axelson, 112 N. W'. 62.
ordinance fixing the fares was not a contract $ 61 (Iowa) The right of a broker to commis- protected from impairment.-Milwaukee Electrie sions is not affected by the conduct of his prin- Ry. & Light Co. v. Railroad Commission of cipal to which he has not consented subsequent Wisconsin, 142 N. W. 491. to the execution of a contract of sale; and, $ 13 (Minn.) Under the statute it is the duty a valid contract having been made, such right of common carriers to observe equality in is not affected by the principal's inability to freight rates to all shippers similarly circuiconvey title.-Ketcham v. Axelson, 142 N. W. stanced for the transportation of goods the same 62.
distance.--Sullivan v. Minneapolis & R. R. Ry. $ 61 (Mich.) Where a broker procured a pur- | Co., 142 N. W. 3. chaser ready, willing, and able to purchase on the terms specified, but the owner was unable
II. CARRIAGE OF GOODS. to give a merchantable title, and the prospective purchaser refused to take a defective title,
(F) Loss of or Injury to Goods. the broker had earned his commission.-Harger $ 114 (Minn.) A carrier's common-law liabilv. Watson, 142 N. W. 352.
ity as an insurer does not terminate until de $ 63 (Iowa) Where a broker contracted to pro- livery to the consignee or, if there is no delircure a purchaser and procured one with whom ery, until' notice to him of arrival and a rea. the principal contracted to sell the property sonable opportunity of removal afforded him.with an option reserved to the principal to can
Rustad v. Great Northern Ry, Co., 142 X. W. cel the contract, the fact that the principal sub- | 727. sequently elected to exercise his option did not $ 136 (Minn.) Where, in an action for gink deprive the broker of his right to commissions. shipped destroyed by fire, the evidence showed -Ketcham v. Axelson, 142 N. W. 62.
that the fire came from the interior of the car.
and that the car was destroyed, that the spals V. ACTIONS FOR COMPENSATION.
on the doors were intact, and that plaintiffs 8 86 (Neb.) Evidence, in a broker's action for merchandise did not occupy the whole space of commission, held insufficient to show that the the car, and did not show when the seals were sale was made by plaintiff or by any one acting attached, or whether there was other merchanin his stead.-Starbird v. J. H. McShane Tim-dise in the car, the question of defendant's Degber Co., 142 N. W. 683.
ligence was for the jury.-Rustad v. Great
Northern Ry. Co., 142 N. W. 727.
(G) Carrier as Warehouseman. See Covenants, $ 103.
$ 140 (Minn.) After the consignee has been
given a reasonable opportunity to remove a CALENDARS.
shipment of goods, the liability of the carrier is See Time.
that of a warehouseman.-Rustad v. Great
Northern Ry. Co., 142 V. W. 727.
Where a shipment of goods, at the time of its
destruction by fire, had been left with the deSee Waters and Water Courses, $ 230.
fendant carrier for 53 hours after notice to the CANCELLATION OF INSTRUMENTS. was that of a warehouseman.-1d.
consignee of its arrival, the carrier's liability See Appeal and Error, $ 1232; Bankruptcy, 8 175; Deeds, $$ 17, 196-211; Equity, $ 51;
(H) Limitation of Liability. Exchange of Property, $ 8; Fraudulent Con $ 154 (Minn.) It is essential to the validity veyances, $ 314 ; Mortgages, &$ 79, 86; Quiet- of a contract limiting a carrier's liability that ing Title: Reformation of Instruments; Sales, there be a consideration and that the shipper $ 384; Taxation, $ 689; Waters and Water be afforded the option of having the commonCourses, $ 230.
law obligation.—Rustad v. Great Northern Ry.
Co., 142 N. W. 727. II. PROCEEDINGS AND RELIEF.
$ 159 (Minn.) A limitation in a shipping bill § 38 (Mich.) In a suit to cancel a deed on the of the carrier's liability as an insurer to 48 ground of the fraud of the grantee, a cross-bill hours after notice to the consignee after the based on breach of the covenants of warranty arrival of the freight, and a provision that the and against incumbrances in the deed cannot carrier's responsibility for property not removbe maintained.-McKenzie v. Call, 142 N. W. ed within 48 hours after arrival shall be that 370.
of a warehouseman, held valid.-Rustad v. 8 45 (N.D.) In an action to cancel an instru- Great Northern Ry. Co., 142 N. W. 727. ment valid upon its face for failure of consideration, the burden is on plaintiff to prove such (K) Discrimination and Overcharge. failure.-Englert v. Dale, 142 N. W. 169.
8 199 (Minn.) Under the common law it is CAPIAS.
the duty of common carriers to observe equality
in freight rates to all shippers similarly situSee Arrest, § 27.
ated for the transportation of goods the same
distance. -Sullivan v. Minneapolis & R. R. Ry. CARNAL KNOWLEDGE.
Co., 142 N. W. 3. See Rape.
8 201 (Minn.) A shipper's common-law right
of action for discrimination still obtains in CARRIERS.
Minnesota, whatever may be the effect of the See Commerce; Death, 88 58, 95; Railroads, $ | edy for an extortion through the exaction of
rate regulating statutes upon his former rein. 229; Trial, 8S 81, 89.
unreasonable or excessive rates; no civil remI. CONTROL AND REGULATION OF
edy being provided.–Sullivan v. Minneapolis & COMMON CARRIERS.
R. R. Ry. Co., 142 N. W. 3.
The measure of damages for a discrimination (A) In General.
in freight rates is the difference between the 18 2 (Wis.) St. 1911. $. 1862, providing that charges exacted of plaintiff and those accepted rities might grant franchises to a street rail. I from the most favored shipper, thougb the
rates charged plaintiff were those established by $ 347 (Mich.) Evidence in an action for the
death of one who, having gone to a depot to
142 N. W. S32.
(F) Ejection of Passengers and Intruders.
$ 353 (Neb.) Where a street car passenger re.
fuses to refrain from annoying disturbances, the
may use such reasonable force as is necessary
for that purpose. -Sorenson y. Lincoln Traction
$ 384 (Neb.) In a street car passenger's ac.
tion for injuries, an instruction as to rights and
duties of those in charge of the car in respect
tion Co., 142 N. W. 702.
(G) Passengers' Effects,
in any manner connected with the purpose and
v. Chicago & N. W. Ry, Co., 142 N. W. 736.
carrier of passengers for the loss of their bag.
until the lapse of a reasonable time for its re-
ing the removal of the baggage when the passen-
an objection that they were not within the dec.
The rule that the specific acts of negligence
an action by a passenger for the destruction of
her baggage before a reasonable time for its
removal from the station had elapsed.-Id.
It was proper to submit to the jury the ques.
tion whether a passenger had a reasonable time
to remove her baggage before its destruction,
where the evidence as to her opportunity was
In an action for loss of baggage, caused by
the burning of the carrier's station, the defense
a dark night, that the fire was caused by an act of God is
See Evidence, g 383; Judgment, $ 736; Munici-
pal Corporations, $ 901; Officers, 8 79; Plead-
ing, $ 177.
See Justices of the Peace, Š 197.
to the property passes to him under such pro
vision.-Allison v. Teeters, 142 N. W. 310. Rate of charge, see Carriers, 88 2, 13, 199,
§ 162 (Minn.) A mortgagee has the legal title 201. To jury, see Criminal Law, $8 761-823, 922, broken has the legal right to the possession
to the mortgaged chattels, and after condition 957; Trial, 88 191–296.
thereof.—Tiedt v. Boyce, 142 N. W. 195. CHARITIES.
V. RIGHTS AND REMEDIES OF See Perpetuities, $ 8; Wills, $ 13.
CREDITORS. I. CREATION, EXISTENCE, AND VA
$ 200 (S.D.) A judgment creditor of a chatLIDITY.
tel mortgagor, as to whom the mortgage was
fraudulent and void, could not claim any rights § 19 (Iowa) A devise to a trustee of land to in a judgment of replevin rendered in favor of be used as a home for poor old people, and give the mortgagee against the receiver of the morting the trustee power to substitute some one or gagor for the chattels or the unpaid mortgage more persons to take his place and to manage debt, nor in an appeal bond executed by such the property as trustee or trustees, and to pro- receiver.-Hundley Dry Goods Co. v. Albien, vide for a trusteeship that shall be perpetual, 142 N. W. 49. and in case such trustee fails to designate a successor directing a third person to appoint VII. REMOVAL OR TRANSFER OF suitable persons to manage the property, was PROPERTY BY MORTGAGOR. not void for_uncertainty as to the trustee.--In
(A) Rights and Liabilities of Partles. re Cleven's Estate, 142 N. W. 986. 821 (Iowa) A devise of testator's farm to a
8 224 (Mich.) Where the possession of mort. trustee to establish and maintain a home for gaged chattels is not delivered to the mortgagee, poor old people held not void for uncertainty as something is required to take the place of to the beneficiaries.-In re Cleven's Estate, 142 change of possession, such as recording the N. W. 986.
mortgage, to affect creditors of and subsequent A provision which comprehends a class with purchasers from the mortgagor without notice.out limitation as to its abode, where charity is Allison v. Teeters, 142 N. W. 340. the object, will be upheld in case there is a power resting in the trustee to select from the VIII. PAYMENT OR PERFORMANCE class named.-Id.
OF CONDITION, RELEASE, AND $ 22 (Iowa) In an attempted creation of a
SATISFACTION. charitable trust, definiteness in details is not 8 237 (Iowa) The holder of a chattel mortgage essential, but it is sufficient if the general pur- is absolutely entitled to payment, and a pur. pose is expressed in terms indicating a clear chaser of the property cannot condition his pardesire; the details being delegated to the trus- ment of the balance due upon the mortgagee's tee.-In re Cleven's Estate, 142 N. W.986. release of an attachment upon the mortgage
A devise of the residue of testator's property property.-Sheeler v. Porter Hardware Co., 142 to a trustee to use testator's farm as a home N. W. 1019. for poor old people, etc., held not objectionable in that testator did not himself "establish” the
IX. FORECLOSURE. trust but imposed that duty on the trustee.-Id. $ 271 (Minn.) It is essential to the right of
a junior mortgagee to foreclose, where a senCHARTER.
ior mortgagee is rightfully in possession, that
he either redeem from the senior mortgage or See Municipal Corporations, 8845, 271–278, show that the property is sufficient in value to 911, 919.
satisfy the senior mortgagee and leave a sur
plus to be applied upon the junior mortgage.CHATTEL MORTGAGES.
Tiedt v. Boyce, 142 N. W. 195. See Appeal and Error, $ 1029; Evidence, 8 to sustain a finding as to the amount of par
8 278 (S.D.) In foreclosure evidence held not 135; Receivers, $ 78.
tial payments previously made on the noteII. FILING, RECORDING, AND REG- Townsend v. Weisenburger, 142 N. W. 253. ISTRATION.
$ 286 (S.D.) Where the chattel mortgage upon
a grain elevator in which the mortgagor had a (A) Original.
desk was foreclosed, and the desk remained aft8 89 (Mich.) A citizen of Michigan dealing er constructive seizure by the sheriff, the seiwith mortgaged property and its apparent own zure will not give the purchaser at foreclosure er in the state need not take notice of the any right to the desk, which was not included records in another state as to the mortgaged in the mortgage.-Dixson v. Ladd, 142 N. W. property.--Allison v. Teeters, 142 N. W. 340. 259.
$ 290 (S.D.) In foreclosure evidence of the III. CONSTRUCTION AND OPERA.
money the mortgagee had paid for sheriff's fees TION.
and expenses on a prior attempted statutory (C) Property Mortgaged, and Estates and foreclosure, together with a receipt from the Interests of Parties Therein.
sheriff, was incompetent without proof that the 8 116 (S.D.) A chattel mortgage upon a grain charges were lawful and reasonable.-Townelevator, together with weights, scales, and send y. Weisenburger, 142 N. W. 253. appurtenances will not include a roll-top desk kept in the office, the term “appurtenances"
See Fraud. 8161 (Mich.) Where a chattel mortgagee did
CHECKS. not act under a provision of the mortgage that if the note be not paid at maturity he should See Bills and Notes. have the right to take possession of the property without legal process and the same should become his absolute property, but, instead, be
CHILDREN. gan foreclosure, he could not claim that 'title I See Guardian and Ward.
CHOSE IN ACTION.
COMMON LAW. See Assignments.
See Judgment, $ 585; Officers, & 82; Rail.
roads, $$ 99, 307; Statutes, $ 222. CIRCUIT COURTS.
COMMON SCHOOLS. See Courts, $ 158.
See Schools and School Districts, 88 9_159. CITIES.
COMPARATIVE NEGLIGENCE. See Municipal Corporations.
See Negligence, g 101.
See Brokers; Damages, $ 38; Elections, § 53; CLAIM AND DELIVERY.
Eminent Domain, $$ 82, 101 ; Health, $ 5: Ju
ry, § 77; Officers, 101; Waters and Water See Replevin.
Courses,' s 183.
ministrators, $ 225; Exemptions, § 116; See Damages, 88 19–43.
See Evidence, $$ 555, 558; Jury, 88 99, 131 ; See Constitutional Law, $$ 205, 206.
Witnesses, 88 60-219.
See Indictment and Information; Pleading, $8 See Quieting Title.
214, 218. COLLATERAL AGREEMENT.
COMPOSITIONS WITH CREDITORS. See Evidence, $$ 441-444.
See Compromise and Settlement.
COMPROMISE AND SETTLEMENT. See Receivers, $ 87.
$15 (Minn.) Where one of the two contracting See Evidence, $ 20; Judgment, $ 585.
parties jointly interested in a claim against a
city compromised the claim under an agreement II. SUBJECTS OF REGULATION. that it should be paid in installments, he did $ 27. (Wis.) A hostler in railroad yards dis- not thereby become obligated to pay the other patching engines, engaged in interstate and in- party his entire share at once, but was obliged
to pay such share only as the installments were trastate business is not employed in interstate business.-Gray v. Chicago & N. W. Ry. Co., I actually received.-Hodgdon v. Peet, 142 N. W.
808. 142 N. W. 505. $ 33 (Minn.) Shipments transported wholly
§ 23 (Mich.) In an action to set aside a setwithin the state between points within the tlement of a suit between the complainant and state are intrastate shipments, to which the defendants, where complainant's claim to propfederal Interstate Commerce Act bas no ap- disputed by defendants as his heirs, evidence
erty formerly belonging to her grandfather was plication.-Sullivan v. Minneapolis & R. R. Ry Co., 142 N. W. 3.
held insufficient to show that the compromise
was the result of fraud and misrepresentation.COMMERCIAL PAPER.
Van Syckle v. Thompson, 142 N. W. 556.
See Limitation of Actions, 88 44-105; Time. See Depositions.
CONCURRENT JURISDICTION. Municipal Corporations, s. 45; States, $$ 94, See Courts, 8 489. 95, 131; Taxation, $ 44642; Waters and Water Courses, $ 183.
See Eminent Domain.
See Sales, $8 427, 459-481.
See Chattel Mortgages, & 162; Contracts, $ See Brokers.
221; Escrows. COMMON CARRIERS.
CONFIDENTIAL RELATIONS. See Carriers.
See Witnesses, $ 219.
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER
CONFLICT OF LAWS.
by his direction.—Ekern v. McGovern, 142 N.
W. 595. See Descent and Distribution, 4; Statutes, The Governor and his agents are liable to $ 226; Trusts, $ 113; Wills, $ 436.
judicial remedies, when not acting within the
scope of executive authority, the same as any CONSENT.
other persons, except in so far as the dignity of
the place should and does protect him and them See Adoption, $ 7; Marriage, $ 18.
to some extent from coercive interference by ju
dicial mandate.-Id. CONSIDERATION.
The court will not act coercively as to the
Governor, except in case of extreme urgency. See Bills and Notes, $ 335; Contracts, 88 71, -Id. 105–138.
The public policy which protects the Governor
from being interfered with, except in dire emerCONSIGNMENT.
gency, does not apply with full force to subordi
nates acting within his authority.-Id. See Factors.
(C) Executive Powers and Functions. CONSPIRACY.
$ 80 (S.D.) While a "judicial power" maş See Criminal Law, $ 372; Homicide, &$ 29, only be exercised by the court, a "quasi judicial 231; Torts, $ 28.
power,” may be conferred upon an executire or administrative board as an incident to its do.
ties.-Hoyt v. Hugbes County, 142 N. W. 471. CONSTITUTIONAL LAW.
VI. VESTED RIGHTS. See Costs, $ 222; Divorce, § 91; Drains, $82, 9; Elections, $ 30; Eminent Domain, $ 101;
8 103 (Minn.) The county is a mere governLicenses, $ 7'; Municipal Corporations, $ 407; mental agency of the state in public drainage Newspapers, 3; Obscenity, Š 2; Schools and proceedings, and hence Laws 1913, c. 567, relatSchool Districts, $810, 22; States, $ 95; ing to drainage, does not in its retroactive asTaxation, $ 40.
pect impair any vested rights of the county.
State v. George, 142 N. W. 945.
VII. OBLIGATION OF CONTRACTS.
(B) Contracts of States and Municipal8 43 (Wis.) An employer who elects to come in under the workmen's compensation act, may
8121 (Minn.) The county is a mere governnot attack its validity on the ground that it mental agency of the state in public drainage violates the due process of law clause of the proceedings, and hence Laws 1913, c. 56;7, re federal Constitution.-Mellen Lumber Co. v. lating to drainage, does not in its retroactive Industrial Commission of Wisconsin, 142 N. W. aspect impair any contract obligation. State 187.
v. George, 142 N. W. 945. $ 48 (Wis.) Where a statute is plain, the
$ 134 (Wis.) St. 1911, § 1862, providing that court cannot read words into it even to save its cities might grant franchises to a street railconstitutionality.-Mellen Lumber Co. v. In-way company subject to reasonable regulations, dustrial Commission of Wisconsin, 142 N. W. did not empower the city to make any contract 187.
fixing rates of fare so that they might not be
changed by the Legislature or through the agenIII. DISTRIBUTION OF GOVERN.
cy of the Railroad Commission; so that an MENTAL POWERS AND
ordinance fixing the fares was not a contract FUNCTIONS.
protected from impairment.-Milwaukee Electric
Ry. & Light Co. v. Railroad Commission of (A) Legislative Powers and Delegation Wisconsin, 142 N. W. 491.
Thereof. $ 58 (Neb.) Cobbey's Ann. St. 1911, § 4778, (C) Contracts of Individuals and Private authorizing the chief officer of any department
Corporations. of the state government to employ an attorney, $ 149 (S.D.) A statute, which modifies the law is not violative of Const. art. 2, § 1, in that it authorizing a sale under mortgage foreclosure by infringes on the powers of the Attorney Gen- advertisement, so as to take away the power eral, since the constitutional provision has no of sale from the person designated in the mortreference to a distribution of power within the gage, and lodge such power only in the sherif various divisions of the executive department. or bis deputy, does not impair the obligation of -Follmer v. State, 142 N. W. 908.
an existing mortgage, empowering a
perdon $ 6! (Minn.) Laws 1911, c. 207, providing for therein named to make a sale.-Brown v. Hall, the formation and consolidation of school dis- 142 N. W. 854. tricts, is not unconstitutional as an attempt to confer on the courts jurisdiction to determine
IX. PRIVILEGES OR IMMUNITIES, questions of a purely legislative character.
AND CLASS LEGISLATION. In re School Dists. Nos. 2, 3, and 4 of Nobles $ 205 (N.D.) Rev. Code 1905, $8 4456, 4457, County, 142 N. W. 723.
authorizing the giving of surety company bonds
on appeal and the taxing of costs therefor, are (B) Judicial Powers and Functions. not unconstitutional as class legislation.-198 73 (Mich.) Under Const. art. 3, 88 1, 2, de-vestors' Syndicate v. Pugh, 142 N. W. 919. claring that no person belonging to one depart $ 206 (Neb.) Const. U. S. Amend. 14, providment of the government may exercise the powing that no state shall abridge the privileges ers of another, the action of the Governor re or immunities of citizens of the United States, moving from office the mayor of a city, as au does not prevent states from classifying the thorized by Comp. Laws 1897, § 1159, is not subjects of legislation and making different res reviewable by certiorari, but the validity of the ulations as to the property of different indiaction may be determined in proceedings be- viduals differently situated.-Norris v. City of tween the mayor removed and the one claiming Lincoin, 142 N. W. 114. to act by virtue of the Governor's action.-Germaine v. Ferris, 142 N. W. 738.
X. EQUAL PROTECTION OF LAWS $ 73 (Wis.) The courts are not bound to de $ 233 (Minn.) St. Paul City Charter, $ 23, as sist from enjoining a wrongful act because the amended in 1912, relative to municipal assesswrongdoer is the Governor or a person acting ments for public improvements, held not rio