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INTEREST. 1. Interest is to be allowed on cash advances, as a matter of law.— Field v. Burnam, 3 Bush, 518.
2. In an action in Massachusetts on a note made and payable, on a day certain, in New York, without any further agreement as to interest, the plaintiff can only recover six per cent interest, the legal rate in Massachusetts, though seven per cent is the legal rate in New York. – Ayer v. Tilden, 15 Gray, 178.
INTERNAL REVENUE. — See STAMP.
JETTISON. See GENERAL AVERAGE.
JURISDICTION. The State courts have jurisdiction of crimes committed on the United States military reservation of Fort Leavenworth. — Clay v. State, 4 Kansas, 49.
See CONSTITUTIONAL LAW, 1; RECORD.
LANDLORD AND TENANT. 1. A landlord may distrain during the term, after the death of the tenant and before administration granted, for rent due and in arrear. Want of notice does not render a distress invalid. - Keller v. Weber, 27 Md. 660.
2. Land was conveyed in fee, reserving a rent charge with a right of re-entry for non-payment. The grantor died, leaving six heirs. Held, that one of said heirs could maintain ejectment for one-sixth of said lands, for non-payment of rent, without joining the others. — Cruger v. McClaughry, 51 Barb. 642.
8. One of the Van Rensselaer leases was executed in 1799. It did not appear that rent was ever paid under it, and it was proved that rent had not been paid for twenty-two years. Held, that as the so-called lease was in fee, it was an assignment, and did not create the relation of landlord and tenant, and that the claim against the grantee on his covenant was barred. — Lyon v. Chase, 51 Barb. 13. See Cruger v. McClaughry, ib. 642; Van Rensselaer v. Barringer, 39 N. Y. 9; Hosford v. Ballard, ib. 147. LEASE. — See LANDLORD AND TENANT, 3; LEGAL TENDER, 3.
LEGACY. - See CHARITY; WILL, 3.
LEGAL TENDER. 1. It is competent for the State legislature to enact that all tolls, dockage, and wharfage charges, payable into the public treasury, shall be due and collectible exclusively in gold and silver money of the United States. — People v. Steamer America, 34 Cal. 676.
2. A contract to deliver a certain number of ounces of silver of a specific fineness, or an equivalent in gold, on a certain day, is a contract for the delivery of a commodity, and not for the payment of money. The measure of damages for the breach of such a contract is the market value of the commodity at the time of the breach, estimated in the most common currency (i.e. in legal tender), with interest. — Essex Co. v. Pacific Mills, 14 All. 389.
3. So, a lease reserving “the yearly rent of four ounces two pennyweights
caused by the falling of a bridge in consequence of a latent defect. — Warner . Erie Railway Co., 39 N.Y. 468.
2. The fact that a railroad company's servant was of a higher grade than another servant of said company, injured through his negligence, does not make the company liable. — Shanck v. Northern Central R.R. Co., 25 Md. 462 ; Cumberland Coal and Iron Co. v. Scally, 27 Md. 589.
MERGER. — See MORTGAGE, 2.
MILL. See WATERCOURSE.
MORTGAGE. 1. Although a power of sale mortgage authorizes the mortgagee or his assignee to become the purchaser at the sale, yet if he fails in the utmost diligence in protecting the rights of the mortgagor, the mortgagor will be allowed to redeem. — Montague v. Dawes, 14 All. 369. See Hahn v. Pindell, 3 Bush, 189, 193.
2. Land was conveyed, subject to a mortgage, by a deed poll, which expressed that the grantee was to pay it, and save the grantor harmless from the same as part of the consideration. The wife of the grantor released dower in the mortgage, but not in the subsequent deed. The grantee paid the sum due, and took an assignment of the mortgage. Held, that the mortgage was discharged, and the grantor's widow remitted to her full right of dower. - McCabe v. Swap, 14 All. 188. See LEGAL TENDER, 4; PLEDGE; SEISIN. MUNICIPAL CORPORATION. - See. WAY.
MURDER. A verdict of “guilty as charged in the indictment” on a common law indictment for murder, is a conviction of murder in the first degree, where a statute establishes degrees of the crime. — Kennedy v. The People, 39 N.Y. 245.
NATIONAL BANK. The Act of Congress of June 3, 1864, § 41, provided that shares in national banks might be assessed, under State authority, " at the place where such bank is located, and not elsewhere." A State law authorized the assessment of such shares in the town where the owner resided, for all taxes levied in said town. Held, that the above provision was constitutional, and that said State law complied with it. Said provision only requires that the assessment be made under the State authority existing at the place where the bank is located: – Austin F. Board of Aldermen, 14 All. 359. But see State v. Haight, 30 N.Y. 399; State v. Hart, ib. 434; 2 Am. Law Rev. 519. See EMBEZZLEMENT. NAVIGABLE STREAM. See OHIO RIVER.
NEGLIGENCE. 1. Defendant negligently let his horse go loose and unattended in the street of a city, where the horse kicked the plaintiff. Held, that defendant was liable without proof that the horse was vicious. — Dickson v. McCoy, 39 N.Y. 400.
PRINCIPAL AND AGENT. A shop-keeper is not liable for the act of his superintendent and clerks in calling a policeman, and causing the arrest and search of a woman suspected of stealing goods, if done without his authority, express or implied. — Mali F. Lord, 39 N.Y. 381.
See BOUNTY; CONSTRUCTION OF INSTRUMENTS AND STATUTES, 4-6; CORPORATION, 2; DAMAGES, 4; EVIDENCE; MASTER AND SERVANT.
PROMISSORY NOTE.- See BILLS AND NOTES.
PROXIMATE CAUSE. - See DAMAGES, 1-3; INSURANCE, 2. PUBLIC USE. — See CONSTITUTIONAL Law, State, 3, 4; EMINENT DOMAIN.
Quia EMPTORES. - See LANDLORD AND TENANT, 3.
RAILROAD. 1. A railroad company, which, for a consideration, receives the cars of a connecting company into its custody and control, and draws them with their contents over its own road, is liable as a common carrier for injuries to such cars during their transit over said road. — Vermont & M. R.R. Co. v. Fitchburg R.R. Co., 14 All. 462.
2. Defendants advertised the hours at which their trains would start in the newspapers, but it was their custom sometimes to postpone the hour of a train's starting, giving notice only by handbills in their cars and stations. On the day in question, after giving such notice, they postponed the hour. Plaintiff, who had purchased a package of tickets, and did not know of the postponement, presented himself for carriage at the advertised hour. · Held, that defendants were liable for not carrying him at that hour. — Sears v. Eastern R.R. Co., 14 All. 433.
3. A railroad company is not liable for injuries received by a passenger while voluntarily and unnecessarily standing on the platform of a car in motion, although by the express permission of the conductor and brakeman. — Hickey v. Boston & L. R.R. Co., 14 All. 429.
4. The same diligence is not required from a railroad company toward a stranger as toward a passenger. The care required is that which experience has found reasonable and necessary to prevent injury to others in like cases. — Baltimore & Ohio R.R. Co. v. Breinig, 25 Md. 378. See Philadelphia, W., & B. R.R. Co. v. Kerr, ib. 521.
5. A railroad is not bound to maintain a fence on the line of its road against cattle unlawfully in a pasture adjoining. – Mayberry v. Concord Railroad, 47 N.H. 391.
See CARRIER; CORPORATION, 2; DAMAGES, 4, 5; EASEMENT; EVIDENCE; LEGAL TENDER, 6; MASTER AND SERVANT; STAMP, 1; Tax, 1.
RATIFICATION. - See SUNDAY.
RECORD. A judgment of a court of general jurisdiction (i.e., in California, a court of record) cannot be impeached collaterally, because service by publication on a