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Statute Of Frauds. — See Frauds, Statute Of.
Stofpage In Transitu. A vendor who has constructively delivered iron lying at his furnace by pointing it out to the vendee and charging it to him in his books, receiving the vendee's notes for the same, may retain the same for the price, if, while it is still in his custody, and said notes are unpaid, the vendee becomes insolvent. — Thompson v. Baltimore §• Ohio R.R. Co., 28 Md. 396.
Subrogation. — See Corporation, 2.
1. Bradley v. People, 4 Wall. 457 (2 Am. Law Rev. 297), reversing s.c. 39 HI. 130, disapproved but followed in People v. McCall, 43 111. 286.
2. A tax assessed on stock in a national bank of which the capital is wholly invested in United States bonds, is illegal. — State v. Boyd, 3 Vroom, 273. See State v. Metz, ib. 199.
3. If a company invests part of its capital in stocks made not taxable by statute, the amount so invested cannot be taxed under the guise of a tax on the nominal capital of the company. — Home Mutual Ins. Co. v. New Orleans, 20 La. An. 447; Same v. Same, ib. 450.
4. The State of New Jersey taxed the capital and surplus of all private corporations of said State. A bridge company was incorporated in New Jersey and Pennsylvania. Held, that half of its capital and of its surplus, less a sum invested • in United States securities, was taxable. — Stale v. Metz,-3 Vroom, 199.
5. An illegal tax was collected under protest. After the party had brought suit to recover it back, an act legalizing the tax was passed. Held, that the act prevented the recovery either of the amount of the tax or of costs. — Grim v. Weissenberg School District, 57 Penn. St. 433.
See Betterment; Bounty; Constitutional Law, 1; Legal Tender, 1; National Bank; Payment.
Telegraph. — See Carrier, 10; Damages, 2.
Tenancy At Will. After the determination of a tenancy at will by notice, assumpsit for use and occupation lies against the tenant if he holds over. — Hogselt v. Ellis, 17 Mich. 351; 3 Am. Law Rev. 757, 758.
Tenancy In Common. One tenant in common cannot maintain assumpsit against his co-tenant for services as auctioneer and broker, rendered at the defendant's request, in making sale of the common property, nor for money paid in advertising the same. The remedy is account under St. 4 Anne, ch. 16, s. 27, or bill in equity. —Hamilton v. Conine, 28 Md. 635. See Dech's Appeal, 57 Penn. St. 467.
Tenant For Life And Remainder-man. — See Legacy.
When one who has a secret in trade employs another who agrees to keep the secret, a breach of the agreement will be enjoined against. — Peabody v. Norfolk, 98 Mass. 452.
Trespass.—See Confederacy, 1; Corporation, 3; Damages, 8; Railroad, 7, 8; Tenant At Will. Trover. — See Confederacy, 2; Damages, 3.
A testatrix gave her estate to her husband for life, "in the full confidence that he will, as he has heretofore done, continue to give and afford my children (A., B., et al.) such protection, comfort, and support as they or either of them may stand in need of." After his death, half the estate was left to the sons, and half in trust for the daughters, apt technical words being used in creating this trust. Held, that the husband took subject to a trust for the children during his life. — Warner v. Bales, 98 Mass. 274.
See Charity; Will, 3.
Ultra Vires. — See Railroad, 1.
To recover usurious interest paid by him, the plaintiff must prove that he was legally liable to the defendant for the loan on which the interest was paid. — Holmes v. Gerry, 55 Me. 299.
Vendor And Purchaser Of Real Estate. — See Assumpsit; Covenant, 2;
When an act makes wagers on horse-races and the holding of stakes criminal offences, one_who has deposited money with a stake-holder cannot recover it, although the Hce has not come off (haines & Kennedy, JJ., dissenting).— Sutphin v. Croser, 3 Vroom, 462. See Bybee v. Burbank, 2 Oregon, 295.
Waiver. — See Bills And Notes, 3; Stamp, 2. War.—See Bills And Notes, 4; Confederacy; Contract, 1, 4; Illegai Contract, 1-3; Insurance, 8; Law Of Nations; Limitations, Staxcte Of, 1.
Warranty.—See Bond; Sale, 1.
1. By a devise of "the house and lot occupied by me in M. Street, in the city of C.," a way which the testator had opened over other of his lands to a barn on said lot, and which furnished the mode of egress from said barn during- the testator's life, and which was continuously used by him for that purpose, does not pass. — Fetters v. Humphreys, 4 C. E. Green, 471.
2. If the horse of a traveller is frightened at a defect in the highway with which, but for his fright, he would have come in contact, but leaps on one side by reason of such fright and runs away without coming in contact with it, and overturns the carriage at a place where there is no defect, the city is not liable. — Cook v. Charlestown, 98 Mass. 80.
3. Plaintiff's horse threw his tail over the rein so as to free himself from efficient control, and in this condition came on a defect in the highway, whereby an injury was occasioned. Held, that the town was not liable, whether the rein was disengaged at the moment of the injury or not. — Fogg v. Nahant, 98 Mass. 578.
See Easement, 1; Municipal Corporation; Negligence, 1-8, 5, 7; Nuisance, 5.
1. The burden of proving that a testator was insane at the time of executing his will is on the party alleging the fact. — Higgins v. Carlton, 28 Md. 115.
2. A will was executed as required by the law in force at the time of its execution. Before the testator's death an act was passed providing that no property "shall hereafter be bequeathed (or devised) " without certain further formalities. Held, that the will was valid. — Taylor v. Mitchell, 57 Penn. St. 209.
8. A party is not disqualified by signing a will as witness from taking under it a trust estate in which he has no beneficial interest.—Hogan v. Wyman, 2 Oregon, 302.
See Charity, 2, 4; Guardian; Legacy; Perpetuity; Power; Trust; Way, 1.
One of two parties jointly indicted, who has not yet been acquitted or convicted, may be called as a witness for the government on the separate trial of the other. — State v. Brien, 3 Vroom, 414.
See Will, 3.
"Absolute total toss." — See Insurance, 5. "Act of God."—See Act Of God. "Citizen." — See Removal Of Suits From State To United States Courts. "Communicated.'' — See Proximate Cause. "Corporate Purposes." — See Bounty, 1. "Crime." — See Constitutional Law, 3. "Fence suitable for the security of the land-owner." — See Railroad, 7
"Flee from justice.'' — See Constitutional Law, 8.
A Treatise on the Measure of Damages: or, an Inquiry into the Principles which govern the Amount of Pecuniary Compensation awarded by Courts of Justice. By Theodore Sedgwick. Fifth Edition by Arthur G. Sedgwick, Comprising the Fourth Edition by Henry D. Sedgwick. New York: Baker, Voorhis, & Company. 1869.
The third edition of Sedgwick on Damages, which was the last published in the author's lifetime, appeared in 1858. The next edition was not printed till last year, but the growing popularity of the work is attested by the fact that a fifth edition is already called for. (We arc glad to chronicle the success of what is one of the most useful, as it is one of the most attractive, of law-books.) The fourth edition we noticed at the time of its appearance (2 Am. Law Rev. 725), and have nothing to add to what we then said. The present editor has brought the work down to the present time, collecting the recent decisions with care and accuracy. We wish he had noted his additions by some distinguishing mark. When a book has been through numerous editions, it is, of course, impossible to separate each set of notes; but the cases added by the last editor should be so indicated that one who has been accustomed to use the earlier edition may at once perceive what new law has been added. The short time that has elapsed since the prior edition makes this, however, less necessary than it usually is.
The Law of Railways: embracing Corporations, Eminent Domain, Contracts, Common Carriers of Goods and Passengers, Telegraph Companies, Constitutional Law, Investments, &c., &c. By Isaac F. Redfield, LL.D., Chief Justice of Vermont. Fourth Edition, greatly enlarged. 2 vols. Little, Brown, & Company. 1869.
The Law of Carriers of Goods and Passengers, Private and Public, Inland and Foreign, by Railway, Steamboat, and other Modes of Transportation; also, the Construction, Responsibility, and Duty of Telegraph Companies, the Responsibility and Duty .of Innkeepers, and the Law of Bailments of every class, embracing Remedies. By Isaac F. Redfield, LL.D. Cambridge, Mass.: H. O. Houghton & Company. New York: Hurd & Houghton. 1869.
Judge Redfield says in the Preface to this edition of his book on Railways, speaking of the third edition, that he was compelled "to push the first half of the second volume through the press, in a few days, and to leave the remaining materials in very judicious hands, to be used as far as needful in completing the volume in proper size; and which, we are happy to say, was exceedingly well done." Now we do not think the profession generally would agree that it was