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Counsel fees for defending against the writ allowed in damages. — Behrens v. McKenzie, 23 Iowa, 333.
Bounty. — See CONSTITUTIONAL LAW, 2.
BRIDGE. - See NEGLIGENCE, 4.
- See TENDER, 2.
CAPTURE. A horse branded “ U.S.” was left by the rebel General Morgan in exchange for one taken by him. Held, that presumptively the horse was captured from the United States, and that as against them the party receiving it from Morgan took a good title. — Cessna v. Thurman, 1 Bush, 292. See Price v. Poynter, ió. 387; Richardson v. Tipton, 2 Bush, 202.
CARRIER. 1. A keeper of a public ferry across the Mississippi is a common carrier, and liable for failing to transport plaintiff's cattle in consequence of not having his boat in running order, although he keeps said ferry as assignee of a license and contract with a city subjecting the licensee to penalties in case of such failure. – Slimmer v. Merry, 23 Iowa, 90.
2. A common carrier cannot exempt himself by notice from the duty to use ordinary diligence in carrying freight for reward. The burden is on the plaintiffs to show a want of such diligence; but they make a prima facie case in showing an unusual delay in delivering the goods according to the general course of business. – Mann v. Birchard, 40 Vt. 326.
3. Cattle were put on cars in time for the regular night train, with the knowledge of the station agent; two cattle trains passed without stopping for these cars, and in the morning the plaintiff removed his cattle from the cars, and drove them home. Held, that the railroad company was liable for the deterioration of the cattle during the night, and that the fact that they were not fed was proper for the consideration of the jury. — Illinois Central R.R. Co. v. Waters, 41 II. 73. See Mann v. Birchard, 40 Vt. 326.
4. Carriers of passengers are liable in assumpsit for the loss of ordinary baggage only; not for several watches, or ladies' dresses, carried in a male passenger's trunk, nor for the expense incurred in searching for the lost articles. — Miss. C. R.R. Co. v. Kennedy, 41 Miss. 671. See CONSIGNOR; RAILROAD.
Cases FOLLOWED. - See ADMIRALTY; RAILROAD, 2.
CERTIFICATE OF DEPOSIT. Assumpsit by an indorsee on a certificate of deposit by A. "payable to the order of himself on the presentation of this certificate properly indorsed.” No presentation and demand were alleged in the declaration. Held bad, on general demurrer.
Such a certificate is a negotiable instrument. — Bellows Falls Bank v. Rutland County Bank, 40 Vt. 377.
CHECK. - See Coupon.
CHOSE IN ACTION. — See AssIGNMENT.
COLLEGE. The laws of a college forbade the students to join secret societies. A student did nevertheless join the “Good Templars” (temperance), for which he was suspended by the faculty. A mandamus to reinstate him was refused. The right to join the “Good Templars" is not inalienable, and was surrendered by entering the college. — People v. Wheaton College, 40 Ill. 186.
COMMON CARRIER. —See CARRIER.
CONFEDERATE MONEY. 1 Executory contracts made in consideration of Confederate money within the Confederate lines, and during the war, are valid. — McMath v. Johnson, 41 Miss. 439; Martin v. Hortin, 1 Bush, 629.
2. Partners in Kentucky, while within the lines of the Confederate army, received Confederate money to a large amount. On the withdrawal of said army, it was agreed that one partner should go South and invest said money for the benefit of the firm. He went South, and made large profits with said money, for which he refused to account. Held, that he was liable. — Anderson v. Whitlock, 2 Bush, 398.
3. A guardian or administrator, who has charged himself in his annual accounts, in 1862, 1863, and 1864, with the receipt of so many dollars," cannot now show that he received the amount in question in Confederate currency. – McFarlane v. Randle, 41 Miss. 411; Adams v. Westbrook, ib. 385.
4. In November, 1861, 0. gave C. notes for so many “dollars,” payable in one, two, and three years. Nothing was said as to the currency in which they were payable, but C. accepted payment of the first two in Consederate money. In an action on the third, held, that C. could recover the full amount for which the note was given, with interest. - Omohundro v. Crump, 18 Grat. 703. See Boulware v. Newton, ib. 708.
5. Otherwise, of a bond given June 14, 1862, payable Jan. 1, 1863. Judgment for the value in gold, Jan. 1, 1863, of the number of Confederate dollars, secured by the bond, with interest (MONCURE, P., dissenting). - Dearing v. Rucker, 18 Grat. 426. CONFLICT OF FEDERAL AND STATE AUTHORITY. - See ADMIRALTY; Consti
TUTIONAL LAW, 5; MISSISSIPPI RIVER.
CONFLICT OF Laws. A policy of life insurance was made by a New York company, with a condition that it should not become valid until countersigned by their agent at Chicago, and the premium paid. Said condition was complied with in Chicago. Held, that the law of Illinois as to assignment of the policy prevailed; and that such an assignment by a married woman, by way of a pledge, was good in equity. – Pomeroy v. Manhattan Life Ins. Co., 40 III. 398.
CONSCRIPTION. See CONSTITUTIONAL Law, 1.
CONSIDERATION. - See ESTOPPEL.
blood, but in whom the white blood preponderates, are whites within the above clause; held, that a law imposing a heavy burden of proof on such citizens, providing that judges of elections should not be liable for damages for rejecting their votes, and otherwise unfavorably discriminating against them, was unconstitutional. — Monroe v. Collins, 17 Ohio St. 665.
2. An act consolidating the suburbs of a city with the city, subject to the vote of the citizens of the districts interested, is not unconstitutional as an attempt to delegate legislative power. — Smith v. McCarthy, 56 Penn. St. 359.
3. An act of a State Legislature gave to a board of supervisors power to make all regulations necessary for the preservation of the public health ; and the board accordingly passed an order prohibiting the establishment or maintenance of slaughter-houses in certain places. Held, that said act and order were constitutional. — Ex parte Shrader, 33 Cal. 279.
4. An act authorizing the establishment of a private way over the land of another against his will, was held contrary to the State Constitution (LAWRENCE, J., dissenting). — Crear v. Crossly, 40 lll. 175; Winkler v. Winkler, ib. 179, 185.
But see Wolcott v. Whitcomb, 40 Vt. 40; Coster v. Tide-Water Co., 3 C. E. Green, 54, 67; Keeling v. Griffin, 56 Penn. St. 305.
See BETTERMENT; DISTRICT ATTORNEY; MANDAMUS; MUNICIPAL CORPORATION; RAILROAD, 1-3. CONSTRUCTION OF INSTRUMENTS AND STATUTES. See BETTERMENT, 2; Con
FEDERATE MONEY, 3, 4, 5; COUPON; DOMICILE; EXEMPTIOX, 3; INSURANCE; NATIONAL BANK; RAILROAD, 5; Tax; TENANT IN COMMON; WHARF; WILL, 2, 4, 5.
CONTRACT. A barge was hired for the sum of ten dollars per day, until delivered back in C., in like good order as received," no time for its return or the payment of the money being named. The amount due on this contract, after a reasonable time, was recovered. Second action being brought on said contract for use of said barge since the former recovery; held, that the former recovery was a bar, as the contract was entire. - Stein v. Steamboat Prairie Rose, 17 Ohio St. 471.
See ASSUMPSIT; CONFEDERATE MONEY; CONFLICT OF Laws; CONSTITUTIONAL LAW, 4; COVENANT, 3; EXEMPTION, 1, 2; RAILROAD, 1-3; SALE; SLAVERY, 2,3; Stay Law; TENDER, 2; Trust FUND; USURY; WAR, 4, 5.
CONVERSION. 1. A sale by one of another's property, believing it to be his own, is a conversion. — Morrill v. Moulton, 40 Vt. 242.
2. So is possession by a purchaser under like circumstances. — Chandler v.
Costs. — See BOND.
COUPON. Coupons in this form : "Coupon, City of Wheeling, guaranteed by the State of Virginia. Duncan, Sherman, & Co., of New York, will pay to the bearer thirty dollars, the half-yearly interest on Wheeling bond 269, due 1 January, 1867. $30. M. Nelson, Mayor ;” after having been taken up by the State, were stolen from it, and came to plaintiff's hand bona fide and for value after the instalments of interest for which they were given had been due for from six months to two years and a half. Held, that he could not recover, and the coupons were ordered to be given up. Rives, J., dissenting, on the ground that the coupon was a check, with no time appointed for its presentment, and not overdue when taken by plaintiff; the date specified the interest for which it was given, not a day for presentment. — Arents v. Commonwealth, 18 Grat. 750. See MORTGAGE, 2.
COVENANT. 1. A covenant between A. and B., owners of adjoining premises, that A. may build a party wall, half on each lot, and that when B. uses the same he shall pay A. half its cost, is personal, and does not pass with the land to A.'s grantee. — Block v. Isham, 28 Ind. 37.
2. A purchaser of a mill, after a breach of covenant by a railroad company with its former owner to dig a new channel, &c., for the mill stream, cannot sue on said covenant. - Junction R.R. Co. v. Sayers, 28 Ind. 318.
3. Defendant made a valid agreement with three partners not to do business in a certain place. Two of said partners sold out to the third, and left said place. Said third re-sold the business to defendant, and released said agreement. Held, that the other two partners could not sue for a breach, as the agreement was incident only to the business. — Gompers v. Rochester, 56 Penn. St. 194.
See WARRANTY. CRIMINAL LAW. - See CONSPIRACY; FORGERY; LARCENY; LOTTERY; SECES
SION; WAR, 2; WITNESS.
DAMAGES. 1. In assessing damages caused by the construction of a railroad, the loss of custom to a mill, owing to the frequent passing of trains which rendered it unsafe to drive horses to the same, may be considered. — Western Pennsylvania R.R. Co. v. Hill, 56 Penn. St. 460.
2. In assumpsit for failure to deliver goods sold according to agreement, the measure of damages is similar to that in trover; viz., the value of the goods at the time when they should have been delivered, with interest. — Bickell v. Colton, 41 Miss. 368; Orange & Alexandria R.R. Co. v. Fulvey, 17 Grat. 366.
3. The measure of damages in California for the wrongful taking and conversion of property of fluctuating value, is the highest market value at the place, at or after the time of conversion; with interest from the time of estimating the same as a matter of legal right. — Hamer v. Hathaway, 33 Cal. 117.
Contra, Bickell v. Colton, 41 Miss. 368. See Greer v. Powell, 1 Bush, 489. See BOND; CARRIER, 1, 4; MUNICIPAL CORPORATION; RAILROAD, 7.
DELIVERY. - See SALE; WAREHOUSEMAN. DEMAND. — See AssUMPSIT, 1; CERTIFICATE OF DEPOSIT ; GUARANTY.
DEPOSIT. - See GIFs.