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LEASE. After a bill for specific performance of an agreement to lease had been pending ten years, a supplemental complaint alleged breaches of covenants which ought to be included in the lease when executed. On demurrer, held, that unless the defendant should, within reasonable time, agree not to set up the Statute of Limitations, nor to advert to the date of the lease, in actions thereafter to be brought against him for said breaches, the demurrer should be overruled; but, if he should so agree, the supplemental complaint should be dismissed. — Noonan v. Orton, 21 Wis. 283.
LEGACY. - See CONTRIBUTION, 3.
LEGAL TENDER. 1. The Legal Tender Law is valid and binding; and therefore a refusal, by the indorsee of a note made in 1860, of a tender in United States currency by the maker, discharges the sureties. — Johnson v. Ivey, 4 Coldw. 608.
2. Defendants were bound to pay a foreign debt of plaintiff, and to indemnify him from liability thereon; and plaintiff, on their default, paid it in exchange, purchased at the current rate with legal tender notes. Held, that defendants were liable for the full amount of the legal tender notes. — Pfeil v. Higby, 21 Wis. 248.
3. Plaintiffs paid their premiums in gold coin, in consideration of which the defendant insurers agreed to pay the losses, if any, in gold coin. Held, that defendants were bound to do so; but that, in the absence of further agreement, they were not bound to pay dividends of profits in gold. — Luling v. Atlantic Mut. Ins. Co., 50 Barb. 520.
4. An act making the judges' salary, which had been payable in gold, payable in legal tender notes, was held not within a clause of the State Constitution forbidding the diminishing of said salary during their term of office. — State v. Rhodes, 3 Ney. 240. See Tax, 4.
LEGISLATURE. When the Governor returns a bill, declining to approve it because of a supposed informality, it is not for the court to determine the soundness of the objection. The bill does not become a law without further action of the legislature. - Birdsall v. Carrick, 3 Nev. 154.
LEVY. – See ATTACHMENT.
LICENSE. A. granted to B. a right to sink one or more wells on his land, and agreed to convey the fee if oil was found; also to grant him an exclusive right to sink wells on other land at $100 for every ten years for every well B. might continuously pump oil from; B., if he should not find oil, to have the right to remove his machinery, &c.; if oil were found, the right to pump to continue as the rent should be paid. B. assigned his rights to plaintiffs. Held, that this was a license to B; that, B. having made improvements, it was irrevocable; that, having been assigned, it was determined. — Dark v. Johnston, 55 Pa. 164.
MASTER AND SERVANT. 1. A minor apprentice enlisted, his master consenting on condition of receiving the minor's bounty money, which he did. Held, that the minor could recover it. — Kelly v. Sprout, 97 Mass. 169. See Taylor v. Mechanics' Savings Bank, ib. 345.
2. Men working on a railroad were told by the foreman to go to their working place on a hand car; that there was time enough before an expected train could overtake them; and they went accordingly. The foreman's watch was behind the railroad time, the train struck the hand car, and killed one of the men. Held, that the company were not liable for his death. - Weger v. Pennsylvania R.R. Co., 55 Pa. 460.
MEASURE OF DAMAGES. — See DAMAGES.
MINE. . See EASEMENT, 1.
MORTGAGE. 1. A mortgage, not containing any express covenant to pay the mortgage debt, may be foreclosed after the mortgage note is barred. — Whipple v. Barnes, 21 Wis. 327. See Knox v. Galligan, ib. 470.
2. A contract was made for the sale of land, and payment of the purchase money was secured by a bond and mortgage. The purchaser took possession of the land, and made partial payments on the bond. Subsequently, the principal contract was cancelled, and the purchaser gave up possession of the land. Held, reversing the judgment of the Supreme Court, that the bond and mortgage were thereby cancelled. — Eveland v. Wheeler, 37 N.Y. 244.
3. The right of the assignee of a mortgage note to a preference over the holder of another such note falling due later, and secured by the same mortgage, attaches from the time of the assignment of the first note, and is not divested by the failure of the assignee to bring his action to foreclose before the maturity of the second note. — Lyman v. Smith, Wis. 674. See CHATTEL MORTGAGE; RAILROAD, 1; Usury, 1.
MURDER. 1. An indictment, charging the offence of murder to have been committed wilfully and of malice aforethought (omitting the words “ with premeditated design"), and a general verdict of guilty, followed by a sentence of death, will be sustained in New York, since the statute of 1862, creating two degrees of the crime, as well as before. — Fitzgerrold v. The People, 37 N.Y. 413 (Bacon, J., dissenting), ib. 685.
2. When a homicide is proved, the presumption is that the killing is murder; and it is for the slayer to rebut this by evidence justifying the act or reducing the offence to a lower grade. — Clarke v. State, 35 Ga. 75. See CONFLICT OF FEDERAL AND STATE AUTHORITY, 1; JURY, 2, 3.
NATIONAL BANK. 1. By section 8 of the Act of Congress of June 3, 1864, which is not modified by section 57, a national bank may be sued in the courts of a State other
for the amount which he would have earned. The claim of a public officer to fees arises only from the performance of services. — Smith v. Mayor, &c., of New York, 37 N.Y. 518. See Mott v. Connolly, 50 Barb. 516.
See CONSTITUTIONAL LAW, STATE, 4.
PARDON. 1. A full pardon, granted and accepted prior to the seizure of property, or the institution of any proceeding to condemn it, is a bar to a judgment of condemnation under the Confiscation Acts. — United States v. Athens Armory, 35 Ga. 344.
2. If one indicted does not avail himself of a general amnesty by accepting it before it is revoked, he cannot set it up afterwards. — Michael v. State, 40 Ala. 361.
PARENT AND CHILD. A father is not barred of his action for enticing his minor son from his service, and procuring said son to enlist as defendant's substitute, by having previously sued for and recovered, as administrator of said son, the bounty money promised the latter by the defendant, and by having received the said son's back pay from the Government (BOARDMAN, J., dissenting). — Caughey v. Smith, 50 Barb. 351. See SEDUCTION.
PARTNERSHIP. L. hired a shop, and bought the stock of goods in it, and permitted W. to carry on the business thereafter in W.'s name, under an agreement that W. should pay all the bills incurred in conducting it, and always keep a stock of goods on hand equal in value to the amount paid by L., and ultimately pay to L. that amount, and that L. should receive one-half of the net profits of the business, and should have a right to secure himself by taking possession at any time. Held, that L. was liable for a debt incurred by W. for goods used in carrying on the business, to one who sold them, relying on a belief that L. was a partner in the business with W. – Pratt v. Langdon, 97 Mass. 97.
PARTY WALL. — See SPECIFIC PERFORMANCE, 2.
PAYMENT. . When notes of a third party are received for a pre-existing debt, the fact that they are guaranteed by the original debtor is not prima facie evidence that they were not received in payment. — Williams v. Ketchum, 21 Wis. 432.
See AssuMPSIT, 1; CONFEDERATE MONEY, 5–9; LIMITATIONS, STATUTE OF, 1; SLAVE, 4.
PENAL STATUTE. See CORPORATION, 5.
PENALTY. — See INTEREST ; LIQUIDATED DAMAGES. PLEADING. - See BILLS AND NOTES, 6; CORPORATION, 5; LIMITATIONS, Star
UTE OF, 2; REPLEVIN, 1.
PLEDGE. Defendants, who held as collateral security certain stocks which had subsequently been assigned to plaintiffs, sold the same with their assent. Plaintiffs sued for the surplus proceeds. Held, that defendants could only retain the