« PreviousContinue »
'It is forgery to alter a mortgage by inserting a memorandum of part-pay-
Franchise. — See Bankruptcy, 1.
Frauds, Statute Of.
1. Plaintiff, at defendants' request, bought land in his own name for their benefit. Defendants verbally promised to pay the purchase-money, but failed to do so. Whereupon, pursuant to the conditions of sale, the land was resold at a less price, and plaintiff was compelled to pay the difference, to recover which be sued defendants. Held, that the contract between plaintiff and defendants *u one of agency, and not for the sale of land, provable by parol, and not within the statute (miller, J., dissenting). — Baker v. Wainwrighl, 36 Md. 836.
2. A deed poll of land containing an ore-bed included a clause " reserving to the grantor the right of mining on the granted premises" a certain quantity of ore annually at a certain duty per ton. Held, that this clause was a reservation, and not an exception, and that therefore the statute was no defence to a bill to reform it on the ground of mistake. —Stockbridge Iron Co. v. Hudson Iron Co., 107 Mass. 290.
3. Where a number of articles of furniture were sold by auction at the same time to the same person, in separate lots, each lot being of less value than $33, but the whole value exceeding that amount, held, that the contract was entire and within the statute. —Jenness v. Wendell, 51 N. H. 63.
There is no legal presumption that a conveyance from husband to wife is fraudulent as against a judgment creditor of the husband, whose judgment was recovered after the conveyance. — Hussey v. Castle, 41 Cal. 239.
Freight. — See Constitutional Law, 8, 9.
Indictment quashed because the witnesses before the grand jury were examined pubb'cly. — State v. Branch, 68 N. C. 186. See Constitutional Law, State, 8.
Guardian. — See Priority.
Husband And Wife.
1. A judgment against a married woman, rendered in an action brought on a contract made by her during coverture, is not void, and cannot be impeached iu a collateral action. — Gambette v. Brock, 41 Cal. 78.
2. Although a married woman may, by statute, transfer a note by indorsement, with her husband's consent, such indorsement does not make her liable on the note as an ordinary indorser. — Moreau v. Branson, 37 Ind. 195.
3. A married woman is not liable for materials bought by her husband and used by him in building a house on her land. — Miller v. Hollingsworth, 33 Iowa, 224.
See Dower; Fraudulent Conveyance; Power.
1. An action lies for the price of furniture sold to be used in a house of illfame, although the seller had notice of such intended use at the time of sale (howell, J., dissenting). —Hubbard v. Moore, 24 La. Ann. 591.
2. Defendants kept a billiard-room and a bar: the former was licensed, the latter not. Plaintiff was employed to attend on both indifferently. Held, that he could recover no compensation for his services. — Bixby v. Moor, 51 N. H. 402.
Income. — See Tax, 2.
An action lies for a breach of the covenant against incumbrances in a conveyance, to recover nominal damages, though no actual damage has been sustained (dixon, C. J., dissenting). — Eaton v. Lyman, 30 Wis. 41.
Indictment for murder, not containing the words, " with malice aforethought," held, good (howell, J., dissenting). — State v. Phelps, 24 La. Ann. 493. See Assault; Challenge; Profane Swearing; Stamf, 2; Verdict, 2.
Indorser. — See Check, 1; Husband And Wife, 2; Insurance (fire), 3.
Insurance (fire) . 1. Defendants wishing to cancel a policy issued to plaintiffs by them, plaintiffs surrendered it to defendants' agent, who notified them that he was ready to pay them the return premium. A month afterwards he did pay it to plaintiffs'' agent, who received it, neither party knowing that the insured property had in the mean tune been burnt. Held, that defendants continued liable on the policy. — Hollingsaorth v. Germania Fire Ins. Co., 45 6a. 294.
2. Goods were insured by a policy conditioned to be void if the insured was not the "sole and unconditional owner" of the property. There was a mortgage on the goods. Held, no forfeiture of the policy (miller, J., dissenting).— Eubbard v. Hartford Fire Ins. Co., S3 Iowa, 325.
3. The liability of a mortgagee as indorser of the mortgage note to an assignee of the mortgage gives him an insurable interest in the mortgaged property.— Williams v. Roger Williams Ins. Co., 107 Mass. 377.
4. Where a specific parcel of property is insured by a policy containing a dime providing for an apportionment of the loss in case of other insurance on the property, and the same property is covered by another policy which also inclndes other property, this constitutes other insurance within the meaning of the elause. — Ogden v. East River Ins. Co., 50 N. Y. 388.
.5. Plaintiff applied to M., who was agent of defendants and of other companies, for insurance to a certain amount and at a certain rate. M. decided to insure with defendants, entered a contract to that effect in his register, received the premium and paid it to defendants; after which, but before a policy was issued, the goods were burnt. Held, that there was a valid contract of insurance, on which defendants were liable (allen, Rapallo, and Andrews, JJ., dissenting). — EUis v. Albany City Fire Ins. Co., 50 N. Y. 402.
6. A steamboat was insured against fire by policy conditioned to be void, "if gunpowder, camphene, spirit-gas, naphtha, benzine or benzole, chemical, crude, or refined coal or earth oils, are kept or used on the premises without written consent." Held, that the unauthorized use of kerosene oil for lighting did not forfeit the policy. — Morse v. Buffalo F. & M. Ins. Co., 30 Wis. 534.
1. A life insurance company had an agent in Alabama at the breaking out of the war, whose authority to receive premiums was recognized by the company after the issue of the Presidents proclamation forbidding commercial intercourse. One who held a policy issued by the company paid to the agent, in 1862, premiums due thereon, in Confederate money. Held, a good payment. — Sands v. K. Y. Life Ins. Co., 50 N. Y. 626.
2. The holder of a policy of life insurance issued by defendants, conditioned to be void if the annual premiums were not duly paid, resided in Georgia, and by reason of the war could not pay the premiums. Held, that payment at the time was excused, and that a tender of the amount dne after the war revived the policy. — Cohen v. N. T. Mutual Life Ins. Co., 50 N. Y. 610.
3. Action on a policy conditioned to be void if the assured should die by his own hand. It was admitted that he killed himself. Held, that if he was so insane as to be unable to understand the moral character of his act, or was impelled thereto by an irresistible insane impulse, the policy was not avoided, though the assured intended to kill himself (strong, J., dissenting). — Mutual Life Ins. Co. of if. T. Terry, 15 Wall. 580.
Isterest. — See Application Of Payments; Constitutional Law, 5. Surety; Usury; War.
Internal Revenue. — See Tax, 2.
1. In ejectment for two parcels of land, defendant denied plaintiffs sitle; plaintiff offered evidence of his title to both parcels, and recovered one only, the judgment being silent as to the second. Held, that plaintiff was barred by the judgment from claiming the second parcel. — Thompson v. McKay, 41 Cal. 221.
2. Satisfaction of judgment recovered in an action of trespass for the conversion of chattels vests the property of the chattels in the defendant, by relation, from the time of the conversion. — Smith v. Smith, 51 N. H. 571; s. c. 50 N. H. 212; 7 Am. L. Rev. 499.
See Appeal, 2; Bankruptcy, 8; Contempt, 1, 2; Escape; Evidence, 5; Exemption, 1; Husband And Wife, 1; Jurisdiction; Priority; ProChein Ami.
Judicial Notice. The courts of a state will take notice of a peculiar use of English words, generally understood in the state. — Clarke v. Fitch, 41 Cal. 472.
Where a defendant was duly served with process, the fact that an attorney appeared for him, and defended the suit without authority, was held not to affect the validity of the judgment rendered. — Woodward v. Willard, 33 Iowa, 542.
See Appeal, 1, S; Patent.
1. An opinion formed and expressed from hearsay as to the guilt of the accused does not disqualify a juror from trying a criminal case. — Westmoreland v. The State, 45 Ga. 225.
2. Affidavits of a juror are admissible to deny or explain his acts or declarations outside of the jury-room, evidence of which has been introduced in support of a motion for a new trial on the ground that he had expressed an opinion before the trial; but not to prove any thing as to the discussions or votes in the juryroom. — Woodward v. Leavitt, 107 Mass. 453.
See Challenge; Constitutional Law, State, 4; Grand Jury.
Landlord And Tenant. — See Action, 1.
"A parol license to one to enjoy a permanent easement upon the land of another is an interest in the land, and must be in writing, by the Statute of Frauds." — Cook v. Pridgen, 45 Ga. 331. (The above is the head-note furnished by the court.)
See Constitutional Law, 3; Priority; Trespass.
One who carries a chattel, at the request and for the convenience of a bailee alone, has no lien thereon for his services, as against the owner. — Gilson v. Ovitm, 107 Mass. 128. ,
See Prerogative, 1.
Limitations, Statute Of. — See War,.
1. One who hires a horse to drive to a particular place, and drives it to another place, is liable in trover for the conversion of the horse, though the contract of hiring was void because made on Sunday. — Hall v. Corcoran, 107 Mass. 251. .
2. Plaintiff was driving his cattle to market on Sunday, when they were injured through a defect in a bridge which defendants were bound to repair. Held, that plaintiff's violation of the law was no bar to his action against defendants for negligence. — Sutton v. Wauwatosa, 29 Wis. 21.
A power of attorney given by a lunatic is void absolutely, and not merely roidable. — Dexter v. HaU, 15 Wall. 9. See Insurance (life), S.
Malpractice. ;— See Evidence, 3.
Mandamus does not lie to compel the governor of the state to perform bis official duty. — State v. Warmoth, 24 La. Ann. 351.
'Manslaughter. — See Autrefois Acquit.
A marriage between slaves is made valid by ratification of the parties after they become free. — Jones v. Jones, 36 Md. 447. See Constitutional Law, 4.
Married Woman. — See Husband And Wife.
Plaintiff's money, deposited in defendants' bank, was taken therefrom by order of the general commanding the United States forces in New Orleans during the war. Held, that defendants were not liable to make good the loss. — Grivot v. Louisiana State Bank, 24 La. Ann. 265. See also Slocomb v. Merchants' Mutual Insurance Co., ib. 291.
See Municipal Corporation, 1.
Master And Servant. A railroad company is not liable for an injury sustained while its road is being built and operated by contractors who own the cars and engine by which the injury is done, and over which the company had at the time no control. —Meyer v. Midland Pacific R.R. Co., 2 Neb. 320. See Illegal Contract, 2. Vol. Tin. 8