« ΠροηγούμενηΣυνέχεια »
See Building and Loan Associations, 27.
Om 42 (Okl.) The constitutionality of a statute
will not be considered until presented in a case
See Account Stated, em 8; Appeal and Error, wherein the rights of the party'alleging the un-
662, 1008; Criminal Law, w1159; Di: constitutionality are affected by the statute.-
vorce, w 172, 255; Judgment, Om 642, 739 ; Insurance Co. of North America v. Welch, 154
Public Lands, m 106.
Cu 47. (Or.) The constitutionality of a statute
or ordinance is usually to be tested, not by what
See Eminent Domain.
is actually done under it, but by what it author-
izes to be done.--Sterrett & Oberle Packing Co.
v. City of Portland, 154 P. 410.
On 48 (Or.) A statute will not be held unconsti-
See Appeal and Error, ww1240; Corporations, tutional where a reasonable doubt exists as to
Ow116; Fraudulent Conveyances, 241; its invalidity.-Evanhoff v. State Industrial
Limitation of Actions, Om65; Vendor and Acc. Commission, 154 P. 106.
III. DISTRIBUTION OF GOVERN.
MENTAL POWERS AND
See Criminal Law, Om518, 519.
(A) Legislative Powers and Delegation
See Municipal Corporations, em493; Taxation, bidding injunction against execution of public
ww55 (Cal.) Civ. Code, $ 3423, subd. 4, for-
statutes, is not legislative invasion of functions
CONFLICT OF LAWS.
of judicial department.--Reclamation Dist. No.
1500 v. Superior Court in and for Sutter Coun-
ty, 154 P. 845.
m56 (Or.) L. 0. L. 8 671, prescribing the
punishment which may be inflicted for various
classes of contempts, is not inoperative as a leg-
See Attorney and_Client, ww143; Contracts, islative attempt to limit the inherent power o.
em 117, 129; Evidence, em 419; Frauds, constitutional courts to punish for contempt.-
Statute of, m33; Fraudulent Conveyances, State y. Brownell, 154 P. 428.
61 (N.M.) Laws 1912, c. 84 (Code 1915,
$8 1877-1958), providing for organization of
drainage districts through the courts, held not
See Corporations, 590.
unconstitutional as conferring on courts power
of taxation; the power of approving and con-
firming assessments for benefits in drainage dis-
tricts not being the power of taxation.-In re
II. CRIMINAL RESPONSIBILITY. Dexter-Greenfield Drainage Dist., 154 P. 382.
en 62 (Cal.) Public Utilities Act, $ 47, as
ww41. (Okl.Cr.App.) Where there is a conspir- amended (St. 1913, p. 684), authorizing Rail-
acy within Rev. Laws 1910, § 2232, to defraud road Commission to fix compensation to be
by forging a deed, all persons engaged therein paid by water district, etc., requiring property
are responsible for all that is done in pursuance of any existing public utility, held to confer
thereof by any of their coconspirators, until the judicial power.”-Marin Water & Power Co.
object of the conspiracy is fully accomplished. -v. Railroad Commission of State of California,
Grayson v. State, 154 P. 334.
154 P. 864.
62 (Okl.) Laws 1915, c. 174, held not in.
valid as an unauthorized delegation of legislative
power because the powers therein enumerated
For validity of statutes relating to particular are conferred on the state insurance board.-In.
subjects, see also the various specific topics. surance Co. of North America y. Welch, 154 P.
Enactment and validity of statutes in general, 48.
see Statutes, Cum 15-64.
62 (Or.) An order of the state highway com.
Special or local laws, see Statutes, m74-95.
mission attempting to vary the duties imposed
Subjects and titles of statutes, see Statutes, em by statute on the state engineer is void, since,
under Const. art. 4, § 1, legislative power can-
II. CONSTRUCTION, OPERATION,
not be delegated to such a commission, being
AND ENFORCEMENT OF CON-
reposed in the Legislature.-Peterson v. Lewis,
154 P. 101.
Om 15 (Or.) Sections of the Constitution relat- (B) Judicial Powers and Functions.
ing to the same subject-matter must be read m67 (N.M.) Laws 1912, c. 84 (Code 1915, $$
and construed together.-State v. Port of As- 1877-1958), providing for organization of drain-
toria, 154 P. 399.
age districts through the courts, held not viola-
Omw 24 (Okl.) Comp. Laws 1909, $$ 1312–1332, tive of Const. art. 3, § 1, limiting the rights
relative to the assessments of corporate stock, of officers charged with powers belonging to one
was abrogated by Const. art. 9, $ 39.-Muskogee of the three departments of government to exer-
Industrial Development Co. v. Ayres, 154 P. cise powers belonging to another department;
the duties imposed by the act being judicial and
m26 (Okl.) The grant of specific authority to not legislative or executive.-In re Dexter.
the Legislature by Const, art. 9, $ 19, to vest Greenfield Drainage Dist., 154 P. 382.
the Corporation Commission with additional Cm70 (Kan.) Within the constitutional limits
powers and duties held not to deprive the Legis. (Bill of Rights, $82, 19; Const. art. 1, $ 15;
lature of its power to create the state insurance article 2, $$ 3, 6; article 3, § 13; article 6, $$
board and vest it with the powers enumerated 3-8; article 11, $$ 3, 5-8), the Legislature is
in Laws 1915, c. 174.-Insurance Co. of North supreme in the matter of disposal of public
America v. Welch, 154 P. 48.
funds and property, and its discretion cannot
38 (Cal.) Legislative act conflicting with be interfered with by the judicial department.--
Constitution is utterly void, having no force or Hicks v. Davis, 154 P. 1030.
legal existence.--Reclamation Dist. No. 1500 v. 74 (N.M.) Laws 1912, c. 84. (Code 1915, 88
Superior Court in and for Sutter County, 154 1877–1958), providing for organization of drain-
age districts through the courts, held not viola-
tive of Const. art. 5, § 5, relative to the nomina- , ileges and immunities of citizens.-State V.
tion and appointment of officers not otherwise Ware, 154 P. 905.
provided for; commissioners of drainage dis- cm 208 (Or.) Where an ordinance requiring
tricts not being in the class contemplated by inspection of meats slaughtered without the city
such section.-In re Dexter-Greenfield Drainage as a condition to their sale within fixed differ-
Dist., 154 P. 382.
ent rules for persons slaughtering less than five
animals per week than for others, allowing the
(C) Executive Powers and Functions. former to bring in the carcasses for inspection,
Om77 (Kan.) Within the constitutional limits the classification is not unreasonable.-Sterrett
(Bill of Rights, $ 2, 19; Const. art. 1, § 15; & Oberle Packing Co. v. City of Portland, 154
article 2, 88 3,6; article 3, § 13; article 6, $$ P. 410.
3–8; article 11, $$ 3, 5-8), the Legislature is
To justify a classification in a statute or ordi-
Supreme in the matter of disposal of public nance, there must be some difference between
funds and property, and its discretion cannot the classes which bears a just and proper rela-
be interfered with by the executive department. tion to the purposes of the law.-Id.
-Hicks v. Davis, 154 P. 1030.
In so far as a Portland ordinance requiring
Where the Legislature regularly appropriates inspection of meats and slaughterhouses as a
money to pay a claim for traveling expenses of condition to the sale within the city, but exo
a state employé, the merits of the claim can- empting plants subject to federal inspection
not be reviewed by the auditor of state.--Id.
laws, prescribes higher rules than federal regu.
lations, it is discriminatory and invalid.-Id.
Om80 (Or.) Workmen's Compensation Act, cre-
ating State Industrial Accident Commission Om 208 (Or.) Laws 1913, c. 278, requiring per-
charged with its administration, held not to vio-
sons engaged in loaning money at more than 10
late Const. art. 3, § 1, dividing the powers of per cent. to obtain a license, excepting the busi-
government into the legislative, executive, and ness of state and national banks, licensed bank-
judicial departments. - Evanhoff' v. State indus-ers, savings banks, etc., held not unconstitu-
trial Acc. Commission, 154 P. 106.
as discriminatory class legislation.-
Under Const. art. 7, § 1, as amended in 1911. State v. Ware, 154 P. 903.
Legislature held to have power to confer judicial X. EQUAL PROTECTION OF LAWS.
functions upon the State Industrial Accident
Commission created by Workmen's Compensa- u 229 (Okl.) The equal protection clause of
Const. U. S. Amend. 14, held not to prevent a
state from making a reasonable adjustment of
IV. POLICE POWER IN GENERAL. its system of taxation or to compel the states
Om81 (Or.) The police power of the states tion.-In re Gross Production Tax of Wolverine
to adopt an invariable rule of uniform taxa-
and other governmental subdivisions is justified Oil Co., 154 P. 362.
on the theory that the welfare of the people is
the supreme law.-Sterrett & Oberle Packing Amend. 14, intends only that the equal protec-
The equal protection clause of Const. U. S.
Co. v. City of Portland, 154 P. 410.
A statute designed to prevent.spread of con-
tion and security shall be given to all under
tagious diseases, or to protect public health. like circumstances, and that no greater burdens
which operates on all alike, is not invalid under shall be laid on one than on others in the same
the state or federal Constitution.--Id.
ww81 (Wash.) The police power of the state imposing penalties on delinquent taxes and mak-
Can 229 (Okl.) Rev. Laws 1910, 88 6771-6775,
cannot be surrendered to the national govern- ing disposition thereof, held not violative of the
ment.-State v. Towessnute, 154 P. 805; Same equal protection clause of the federal Constitu-
v. Alexis, Id. 810.
In controversies involving the exercise of the City of Clinton, 154 P. 513.
tion.-Board of Com’rs of Custer County v.
police power of the state, the federal courts
will resolve every doubt in favor of the state Om 240 (Okl.) Laws 1915, c. 174, creating the
law, and even in case of a state law on a sub- state insurance board, etc., held not violative of
ject within the control of the federal govern equal protection clause of Const. Amend. U. S.
ment the state law will be upheld until the fed- 14:- Insurance Co. of North America v. Welch,
eral law has been extended to that subject.-Id. 154 P. 48.
An owner cannot remove his property from
That Laws 1915, c. 174, exempts certain insur-
the police power of the state by making a con-
ance companies from its operation does not ren-
tract concerning it, nor can the state, under der it invalid as to companies not exempted, as
the police power, permit a confiscation.-Id. denying them equal protection of the laws.-Id.
V. PERSONAL CIVIL AND POLITI-
XI. DUE PROCESS OF LAW.
Com 276 (Okl.) Laws 1915, c. 174, creating the
89 (Cal.) Act May 1, 1911 (St. 1911, p. state insurance board, etc., held not an unwar-
1313), amending Code Civ. Proc. § 1183, to re-
ranted interference with the power of insurance
quire that contractors furnish a bond to secure companies to contract.-Insurance Co. of North
lahorers and materialmen as a condition to the America v. Welch, 154 P. 48.
owner's exemption from liability to them in an em 284 (Okl.) Rev. Laws 1910, 88 6771-6775,
amount in excess of the contract price, held not imposing penalties on delinquent taxes and mak-
violative of Const, art. 1, § 1, guaranteeing the ing disposition thereof, held not violative of
right of contract. --Roystone Co. v. Darling, 154 the due process of law provision of the federal
Constitution.-Board of Com’rs of Custer Coun-
VI. VESTED RIGHTS.
ty v. City of Clinton, 154 P. 513.
106 (Wash.) There is no vested right in in 1913 (St. 1913, p. 145, $ 16), as to payment
Om 296 (Cal.App.) Bank Act, § 15, as amended
any particular remedy or form of proceeding.- into state treasury of unclaimed bank deposits,
White v. Powers, 154 P. 820.
held not to deny due process of law so far as
bank's rights as depositary are concerned.-
IX. PRIVILEGES OR IMMUNITIES,
AND CLASS LEGISLATION.
State v. Security Sav. Bank, 154 P. 1070.
Bank Act, § 15, as amended in 1913 (St. 1913,
Em 206 (Or.) Laws 1913, c. 278, regulating p. 145, § 16), relative to payment of unclaimed
the business of loaning money at more than 10 bank deposits into state treasury, held not to
per cent, interest and confining the privilege to deny due process of law in view of Code Civ.
residents, or those subject to process in the Proc. $1234.-Id.
state, held not to violate Const. U. S. art. 4, 8 mm 296 (Okl.) Laws 1915, c. 174, creating the
2, Const. Amend. 14, § 1, relating to the priv- state insurance board, etc., held not violative of
the due process of law provision of Const.,
Amend. U. S. 14.-Insurance Co. of North Amer
ica v. Welch, 154 P. 48.
See Elections, 305.
On 305 (Wash.) A general law administered in
its regular course, according to the form of
procedure suitable to the nature of the case, See Remainders.
conformably to the fundamental rules of right,
affecting all persons alike, is due process, the
elements of which are notice and opportunity
to defend, though due process does not require See Appeal and Error, em 189, 966.
any particular form of proceedings.-White v. Om6 (Kan.) Denial of a continuance, sought
Powers, 154 P. 820.
because plaintiff through poverty was unable to
309 (Wash.) Constructive notice to a resi- look up evidence, held not error, where it ap-
dent of the state in proceedings to foreclose peared that plaintiff had dismissed a previous
chattel liens for work and labor performed, action brought by him for the same cause with-
provided by Rem. & Bal. Code, 88 226, subd. 12, in the year, when it was brought to trial.-Han-
228, 1105-1107, and 1157, does not violaté son v. Missouri Pac. Ry. Co., 154 P. 1033.
Const. U. S. Amend. 14, and Const. Wash. art. 20 (Okl.) A motion for continuance for ab-
1, § 3, requiring due process of law; that re- sence of counsel is addressed to the court's dis-
quirement being fulfilled by the grant of a right cretion.-Jones V. Thompson, 154 P. 1139.
to proceed in equity.-White v. Powers, 154 P.
Notice of sale on foreclosure of chattel lien
merely posted and not published, nor personally See Abatement and Revival, em53; Accord and
served on the defendant who resided in another Satisfaction; Account Stated; Action,
county of the same state, held not a compli- 48; Assignments; Attorney and Client,
ance with Rem. & Bal. Code, 88 226, subd. 12, 143; Bailment; Bills and Notes; Bonds;
228, 1105–1107, and 1157, and therefore in vio- Carriers, 207, 271; Champerty and Main-
lation of Const. U. S. Amend. 14 and Const. tenance; Chattel Mortgages; Compositions
Wash. art. 1, $ 3, requiring due process of law. with Creditors; Compromise and Settlement;
Constitutional Law, 89, 276; Corpora-
Om313 (Or.) Workmen's Compensation Act tions, ww116-121 ; Counties, w124 ; Cove.
held not to violate Const. U. S. Amend. 14, 8 nants; Damages, 120, 189; Dismissal
1, relating to due process of law, as attempting and Nonsuit, 26; Evidence, 165, 400;
to provide for the trial of causes without a jury, Exchange of Property ; Frauds, Statute of;
since it leaves both the employer and the em- Husband and Wife, Cm 81-86; Indemnity
ployé free to accept or reject its provisions. Injunction, C61; Insurance, 136-177;
Evanhoff v. State Industrial Acc. Commission, Interest; Intoxicating Liquors, w327;
154 P. 106.
Liens; Limitation of Actions, 15, 51;
Mandamus, m 84, 93; Mechanics' Liens;
XII. RIGHT TO JUSTICE AND REME- Mines and Minerals; Money Received ; Mort-
DIES FOR INJURIES.
gages; Municipal Corporations, w373, 442,
em321 (Or.) Notwithstanding Const. art. 1, §
751 ; Novation : Payment; Principal and
Agent, Om 102, 132, 155; Principal and Sure-
10, held, that the Portland city charter, impos-
ty; Reformation of Instruments; Release;
ing on abutting owners the duty of maintaining
walks in repair, is valid.—Humphry v. City of
Sales ; Specific Performance; Subrogation;
Portland, 164 P. 897.
Usury; Vendor and Purchaser; Waters and
Water Courses, Ow156; Work and Labor.
328 (Or.) Workmen's Compensation Act
held not to violate Const. art. 1, § 10, requiring I. REQUISITES AND VALIDITY.
justice to be administered openly, and guaran-
(A) Nature and Essentials in General.
teeing right to justice and remedy for injuries.-
Evanhoff v. State Industrial Acc. Commission, Ew (Wash.) An action will lie on an instru.
154 P. 106.
ment promising to pay a given sum on the hap-
pening of a contingency, on the theory that the
only uncertain element in the contract, that of
time, has been rendered certain by the happen-
See Assignments for Benefit of Creditors, ing of the event.-Ryan v. Hanna, 154 P. 136.
174, 175; Constitutional Law, em 15 ; Con- A contract whereby the plaintiff architect
tracts, Em147-229; Covenants, cm 57; Crim- was to draw plans and superintend the construc-
inal Law, Omw 893 : Deeds, w95, 99; Insur- tion of a building for the defendants, if at any
ance, 177; Judgment, Omw526; Mines and time in the future the defendants should erect
Minerals, Om80; Pleading, m34; Sales, a building, was too indefinite and uncertain to
Om64: Statutes, 181–226; Trusts, be forced.-Id.
135, 140; Vendor and Purchaser, C58-80;
Wills, Omn 437, 487, 759.
(E) Validity of Assent.
Om94 (Okl.) A contract procured to the in-
CONSTRUCTIVE TRUSTS. jury of one contracting party by fraudulent rep-
resentations, or conduct of the other as to a
See Trusts, 95, 100.
material matter, is unenforceable, though tbe
party misled was negligent.-Chisum v. Hug.
gins, 154 P. 1146.
Om97 (Kan.) A party suing for breach of con-
See Constitutional Law, Ow56; Indictment tract thereby ratifies the contract as valid and
binding.-Stramel v. Hawes, 151 P. 232.
(F) Legality of Object and of Consider-
72 (Or.) Under L. 0. L. $$ 670, 671, 959 am 117 (Wash.) A contract of the seller of a
subd. 1, defining contempt, attorney for one
charged with rape, who procured the latter's business not to engage in the same business in
wife and children, witnesses, to leave the state the same locality "for not less than two years"
was improperly sentenced, in contempt proceed is not invalid as an illegal restraint of trade
ings, based on an affidavit not charging that without limitation as to time.-Loutzenhiser v.
the remedy of a party was prejudiced, to a pun- l'eck, 154 P. 814.
ishment in excess of a fine of $100.-State v. Om 129 (Okl.) A contract, that a national bank
Brownell, 154 P. 428.
would take over the merchandise of an insolvent
merchant of whom it was the largest creditor months and was paid a higher rate by the com-
and pay all creditors' claims on condition that missioners, did not prevent him from recover-
the court accept the resignation of an assignee ing reasonable compensation, though in excess
theretofore appointed and appoint a person of the agreed rate.--Id.
named by the bank, held not void as against
public policy.-Parker Gordon Cigar Co. v. V. PERFORMANCE OR BREACH.
First Nat. Bank of Claremore, 154 P. 1153.
287 (Wash.) Decision of architect made um-
pire for settlement of disputes in building con-
II. CONSTRUCTION AND OPERA- tract that extra elevator contemplated by plans
in event owner decided on ten-story instead of
(A) General Rules of Construction. six-story building after construction was begun
Omer! 47 (Wash.) A written contract should be was included in price fixed for ten-story building
read as a whole and all of its provisions consid-contractor in absence of fraud, palpable mis-
and was not an extra held binding on plaintiff
ered, and too much effect cannot be given isolat-
ed provisions. - Tacoma Mill Co. v. Northern & Engineering Co. v. Green, 154 P. 791.
take, or arbitrary action.--Sound Construction
Pac. Ry. Co., 154 P. 173.
The duty of the courts, when construing ques. C303 (Wash.) Where a ranch owner, con-
tioned contracts, to search out the intention of tracting for the installation of a pump at his
the parties, is well established, but that duty well, agreed to put in a foundation, the install-
arises out of an ambiguity, and, when the instru- ing company to furnish the plans therefor,
ment is not ambiguous, effect 'must be given to which it failed to do, exhibiting only a rough
sketch, the owner's failure to install the requi-
Em 147 (Wash.) The intention of the parties, site foundation was not an excuse for the in-
as expressed or reasonably implied in a written stalling company's failure to deliver the ma-
contract, must prevail.–Loutzenhiser v. Peck, chinery at the well.— United Iron Works v.
154 P. 814.
Wagner, 154 P. 460.
cm 175 (Wash.) In an action for the price of with a city to construct a building for it, the
On 305 (Wash.) Where contractor agreed
the installation of a pump, defendant ranch
owner's evidence showing that the question of contract providing that no certificate for pay-
time of delivery and installation was discussed ment during the progress of the work should be
when the contract, which was silent as to the construed as an acceptance thereof, the city
matter of time, was made, was admissible to
was not estopped, by making payments to the
show what was a reasonable time for delivery. contractor. to claim damages from him for de-
-United Iron Works v. Wagner, 154 P. 460. lay and failure to complete the work.--Garey v.
eww176 (Okl.) Whether a party to an unambig-m319 (Wash.) Recovery against a ranch own-
City of Pasco, 154 P. 433.
uous contract is an independent contractor is a
question of law to be determined by the court er by a company, which had contracted to in-
from an inspection of the contract in the light stall
a pump for him of the full contract price
of surrounding circumstances.-Pressley v. In- for the installation on the ground of substantial
corporated Town of Sallisaw, 154 P. 660. performance only was improper.-United Iron
Works v. Wagner, 154 P. 460.
Ow323 (Wasb.) In an action by a corporation
em 187 (Wash.) Where one promises to pay an-
which had contracted with a ranch owner to
other's debt to a third person, such third person install a pump at his well for the price of the
may sue directly upon the promise. --Union Ma- installation, the questions whether or not there
chinery & Supply Co. v. Darnell, 154 P. 183.
had been a substantial delivery of the machin-
ery, and whether or not substantial delivery had
been waived by the owner, held questions of fact
198 (Wash.) Agreement for construction of Iron Works v. Wagner, 154 P. 460.
for the jury under the circumstances.---United
building held not to contain an agreement for
arbitration of the amounts due for extra work
by the building architect or for demurrage, so
that plaintiffs might resort to the courts to de. See Negligence, em83-101.
termine such amount.-Russell & Gallagher v.
Yesler Estate, 154 P. 188.
Although the law favors the settlement of dis-
putes by arbitration, it will compel parties to See Trover and Conversion.
resort thereto only when the terms of their
contract are clear and certain in showing that
they had such intention.--Id.
See Assignments; Assignments for Benefit of
(D) Place and Time.
Creditors ; Chattel Mortgages; Corporations,
542; Deeds; Fraudulent Conveyances;
em 208 (Wash.) Delivery at ranch owner's land-
Husband and Wife, 14, 267; Mortgages ;
ing of machinery for the installation of a pump
Vendor and Purchaser,
at his well 300 feet away up a steep and rock
bank held not such a delivery on plaintiff's
land as to call for payment of the first install-
ment of the price as provided.-United Iron w 5 (Nev.) District court has jurisdiction to
Works v. Wagner, 154 P. 460.
order life convict before it to stand trial for
murder.-State v. Tranmer, 154 P. 80.
m 6 (Colo.) Where adoptive mother in peni-
Com 229 (Okl.) Where a contract provided that tentiary was served with process in proceeding
a superintendent should be paid out of the speci- to commit child to home for dependent children
fied compensation of architects employed to under provisions of Rev. St. 1908, SS 568-585,
make drawings for county buildings, but left the court had jurisdiction.-Board of Control of
amount of his compensation blank, he was en State Home v. Mulertz, 154 P. 742.
titled to a reasonable compensation.-Miller v.
Hair, 154 P. 1002.
Where the contract with architects left blank
the amount of compensation payable by them See Abatement and Revival, Em57; Banks
to a superintendent, the fact that the com- and Banking; Building and Loan Associa-
missioners and architects agreed on a certain tions; Carriers; Costs, Omw98; Counties;
amount per month, which agreement was not Courts, em 121 ; Criminal Law, w 403; In-
communicated to him, and he worked several surance; Limitation of Actions, cm37, 58,
100; Mandamus, Om87; Municipal Corpora- wrong against the corporation and only to give
tions; Parties, em 95 ; Railroads; Religious a right of action to the defrauded purchasers.
Societies; Street Railroads; Telegraphs and -Id.
Telephones; Waters and Water Courses, Ow20712 [New, vol. 10 Key-No. Series]
(Cal.) In stockholder's action, motion to
dismiss appeal as to certain defendants because
IV. CAPITAL, STOCK, AND DIVI- of composition agreement between them and
plaintiffs held not properly before the court, as
(A) Nature and Amount of Capital and such agreement required approval by the trial
court.-Whitten v. Dabney, 154 P. 312.
em 62 (Cal.) Under Civ. Code, $ 290, subd. 6, of all of the stock of the corporation in payment
Om 211 Çal.) In stockholder's action, issuance
and sections 307, 322, articles of incorporation
declaring that the capital stock should consist of property held not shown to be corrupt by al-
of 50,000 shares of common stock of the par Whitten v. Dabney, 154 P. 312.
leging that it was the outcome of a conspiracy.-
value of $1, and 47,500 shares of preferred stock
of the par value of $20, violate the law because ing by former owners of all of the stock
In stockholder's action to require an account.
by power to vote the common stock would con-
trol, though the capital invested therein was less person acquiring control of the corporation from
than that in the preferred.–Film Producers v. them, complaint held to state facts demanding
Jordan, 154 P. 605.
an investigation and inquiry by a court of equi-
(B) Subscription to Stock.
(D) Liability for Corporate Debts and
90 (Okl.) The provisions of Comp. Laws
1909, $$ 1312–1332, relative to forfeiture and am 264 (Cal. App.) Under Code Civ. Proc. $ 359,
sale of corporate stock to pay subscriptions, if an action against stockholders to enforce their
in force, would be cumulative, and not bar an liability for the company's breach of a lease
action on a subscription contract.-Muskogee agreement must be brought within three years
Industrial Development Co. v. Ayres, 154 P. after such breach, not within three years after
the lessor's discovery thereof.—Johnson v. Hin-
(C) Issue of Certificates.
kel, 154 P. 487.
On 99 (Cal.) It was within the power of a cor- For purposes of the statute of limitations, the
poration to issue all of its stock in payment of liability of an oil company upon a lease agree-
leaseholds upon oil lands transferred to it.- ment not to remove the casing from oil wells
Whitten v, Dabney, 154 P. 312.
upon abandonment was created, not by execu-
tion of the lease, but by removal of the casing.
(D) Transfer of Shares.
Om 116 (Okl.) An escrow contract to buy cor-
VI. OFFICERS AND AGENTS.
porate stock, construed with an attached let-
ter and held to contemplate, as
a condition (C) Rights. Duties, and Liabilities as to
precedent to its binding effect, that the company
Corporation and Its Members.
would give a bond binding it to pay all royal-cm317 (Wash.) For a stockholder, though an
ties and carry out the terms of a lease assign- officer, in buying from others their stock as a
ed to it by the buyer of the stock.-Swift v. personal venture, not to disclose that he had a
McAlester Trust Co., 154 P. 1175.
contract to sell it above its value to another
Om | 16 (Wash.) Defendant cannot avoid his corporation desiring control, held not actiona-
contract of purchase of stock because of plain- ble deceit.-Haverland v. Lane, 154 P. 1118.
tiff's representations, not shown to be anything w318 (Cal.) Where the directors of two cor-
more than mere opinions about value, or to porations were the same persons, and the ma-
have been relied on in making the contract.- jority of the shares were owned by the same
Templeton v. Warner, 154 P. 1081.
person, a transaction between the two corpora-
em 118 (Okl.) Where S. and C., stockholders of tions is only voidable and may be ratified.
the A. Co., made an escrow contract by which Manning v. App. Consol. Gold Mining Co., 154
C. was to buy S.'s stock on a contingency P. 301.
which never happened, held, that S. was not
entitled to recover the agreed price, or to en-
(D) Liability for Corporate Debts and
join the return of same to C. by the escrow
holder.-Swift v. McAlester Trust Co., 154 P. 338 (Mont.) Where a corporation failed to
file the required financial statement and then
121 (Cal. App.) Where a stock purchase con- gave notes, directors liable for the debts of the
tract provided that payment to the seller's agent, corporation under the direct provisions of Rev.
a bank, would be sufficient, held, in an action Codes, § 3850, as amended by Laws 1909, p.
on a check given to the bank and payable to it 217, § 1, are not discharged because of renewal
or bearer, that evidence of the bank's delivery of the instruments.--First Nat. Bank of Mis-
of the check to the seller was admissible.- soula v. Cottonwood Land Co., 154 P. 582.
Bank of Bakersfield v. Conner, 154 P. 869. Om 351 (Mont.) Under Rev. Codes, $ 5866, a
Om 123 (Cal.) Where pledge of corporate right of action against directors of a corpora-
stock was not recorded on the books of a cor- tion which failed to file a financial statement
poration, it is, under Civ. Code, $ 324, valid as required by section 3850, as amended by
only as between the parties, and the act of the Laws 1909, p. 217, § 1, must be on the debt,
corporation in issuing a new certificate for the and cannot be on a note which they did not
pledged stock cannot be questioned by a third sign.-First Nat. Bank of Missoula y. Cotton-
person.- Manning v. App Consol. Gold Mining wood Land Co., 154 P. 582.
Co., 154 P. 301.
VII. CORPORATE POWERS AND
V. MEMBERS AND STOCKHOLDERS.
(C) Suing or Defending on Behalf of Cor-
(B) Representation of Corporation by 0t.
ficers and Agents.
em 204 (Cal.) Stockholder's action held main-m426 (Utah) Corporation held to have rati-
tainable only to redress wrongs and impositions fied option to purchase land given by its presi-
suffered by the corporation, and not to redress dent and thereby become bound by his contract,
the individual wrongs of the stockholders.- by making and forwarding a deed. -Tyng v. Con-
Whitten v. Dabney, 154 P. 312.
stant-Loraine Inv. Co., 154 P. 767.
False representation by owner of stock op 432 (Or.) Finding that corporation's man-
sale thereof that it was treasury stock and that ager, in sole charge of its plant, had authority
proceeds would go into treasury, held not. a I to employ superintendent, held supported by evi-