BOND.

A false representation made by the principal to a surety on a bond before his signing the same, that a party whose name appeared thereon as surety had signed said bond, will discharge said surety. — Chamberlin v. Brewer, 3 Bush, 561. See AGREEMENT; BILLS AND NOTES, 1.

BOUNDARY.-See OHIO RIVER; WATERCOURSE.

BOUNTY.

The assignee, for a valuable consideration of the State bounty, made payable to a volunteer soldier or to his "authorized agent or attorney," is not barred of recovering the same by the desertion of such volunteer without having rendered any service. Mandamus awarded. (WEISL, J., dissenting.) — Erchelberger v. Sifford, 27 Md. 320.

In an action of contract against warehousemen to recover for a failure to deliver goods, which were received by them and not delivered upon demand, the burden of proof is on them to show that the goods have been lost without their fault (BIGELOW, C.J., dissenting).— Cass v. Boston & L. R.R. Co., 14 All. 448.

CARRIER.

1. A receipt given by an express company, and limiting their liability at the time of the delivery of goods to them for carriage, is not a defence in an action for the loss of such goods, unless knowledge of the contents of the receipt is brought home to the plaintiff. — Belger v. Dinsmore, 51 Barb. 69.

2. A parcel worth $675 was lost in transportation by Adams' Express Company. Their agent had given a printed receipt, containing a stipulation that in no event "shall the holder hereof demand beyond the sum of fifty dollars, at which the article forwarded is hereby valued, unless otherwise herein expressed, or unless specially insured" by the company, "and so specified in this receipt.” The value of the parcel was not made known to the company, and it was not specially insured. Held, that the company was not liable for more than $50 with interest. ·Brehme v. Adams' Express Co., 25 Md. 328.

3. The Adams' Express Company gave receipts for goods, "value under fifty dollars, unless otherwise herein stated." Held, that this did not exempt them from liability beyond that amount for goods lost by their want of ordinary care.— Orndorff v. Adams' Express Co., 3 Bush, 194.

4. Boxes of poultry packed in ice were delivered by the plaintiffs to a carrier by steamboat, and his clerk signed a receipt for them, stating their contents. The boat was delayed by fog, no attention was paid to the poultry, and it was spoiled. Plaintiffs had long sent poultry by defendant's boat, who, when delayed, had often forwarded the same by rail. Held, that defendant was liable.- Peck v. Weeks, 34 Conn. 145.

5. A steamboat was loaded with troops. Afterwards the plaintiff, a civilian, took passage on board. While there he was injured by the discharge of a musket in a quarrel between two soldiers. The defendants averred that they took

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the troops under compulsion; but they gave no notice of this to the plaintiff. The jury were instructed that defendants were liable, unless they used every effort to keep order. Verdict for plaintiff for $10,000. (U. S. Circuit Court.)- Flint v. Norwich & N. Y. T. Co., 34 Conn. 554.

See DAMAGES, 4, 5; FREIGHT; LEGAL TENDER, 6; RAILROAD, 1-3; STAMP, 1.

CASES FOLLOWED.

1. Blair v. Ridgely, 41 Mo. 63; ante, 3 Am. Law Rev. 338, TEST OATH, 3, followed. State v. Neal, 42 Mo. 119.

2. The Hine v. Trevor, 4 Wall. 556, followed. In re Steamboat Josephine, 39 N.Y. 19.

3. Cavender v. Steamboat Fanny Barker, 40, Mo. 235; ante, 3 Am. Law Rev. 310, CONFLICT OF FEDERAL AND STATE AUTHORITIES, 2, followed. - Joyall v. Steamboat Goldfinch, 42 Mo. 455.

4. Drehman v. Stifel, 41 Mo. 184; ante, 3 Am. Law Rev. 311, CONSTITUTIONAL LAW, 2, followed. - Smith v. Owens, 42 Mo. 508.

5. Terrell v. Rankin, 2 Bush, 453; ante, 3 Am. Law Rev. 486, WAR, 3, followed. Lewis v. McGuire, 3 Bush, 202; Hogue v. Penn, ib. 663.

See BILLS AND NOTES, 3.

CHARITY.

A bequest to trustees "to secure the passage of laws granting women, whether married or unmarried, the right to vote, to hold office, to hold, manage, and devise property, and all other civil rights enjoyed by men," is not a charity.

When a valid charity is created which it becomes impossible to apply exactly as intended, the Court of Chancery may apply it cypres, in the exercise of the general jurisdiction over trusts. (See Cromie v. Louisville O. H. Soc., 3 Bush, 365.) A testator bequeathed two sums to trustees: one "for the preparation and circulation of books," &c., such " as in their judgment will create a public sentiment that will put an end to negro slavery in this country;" the other "for the benefit of fugitive slaves who may escape from the slaveholding States of this infamous Union from time to time;" and expressed his desire that the trustees should become a permanent organization, and his hope that they would receive the services, &c., the donations, &c., of the friends of the slave. After his death, slavery was abolished by the Thirteenth Amendment of the Constitution of the United States. Held, that these were valid charities (the second bequest admitting of a legal as well as of an illegal application), and should be applied cypres.-Jackson v. Phillips, 14 All. 539.

COLLISION. See CONSTITUTIONAL LAW, 1.

1. An association was formed to build and keep a hotel. Then land was bought for the purpose, and was conveyed to the several members in undivided shares, upon condition that each grantee of a share, his heirs and assigns, should hold the same in common with the tenants of the other undivided parts, without partition or division, subject to the articles of association. Held, that the condibinding. Hunt v. Wright, 47 N.H. 396.

tion was

V

2. The owner of land on one side of a street and a beach on the other, granted the beach, on condition that only low bathing houses should be built thereon. It did not appear that the grantor had in view a division of his land, and intended a restriction on each parcel for the benefit of the rest. The land was divided, however, and the plaintiff, who owned other land on the side farthest from the sea, bought the part of the beach opposite his said land. Defendant also owned parcels on each side of the street, and broke the condition. After bill brought to restrain defendant in so doing, the heir and devisee of the first grantor released the condition to him. Bill dismissed. — Jewell v. Lee,

14 All. 145.

See BILLS AND NOTES, 3; FEE SIMPLE, 2; LANDLORD AND TENANT, 2. CONFLICT OF FEDERAL AND STATE AUTHORITY. - See CASES FOLLOWED, 2, 3; CONSTITUTIONAL LAW, 1; JURISDICTION.

CONFLICT OF LAWS.

1. An action at law cannot be maintained, in Massachusetts, to enforce the liability of a stockholder of a corporation established in another State for a debt of the corporation, if the laws of that State provide that the remedy against a stockholder upon a debt of the corporation in that State shall be by bill in chancery and not otherwise. - Erickson v. Nesmith, 15 Gray, 221; s.c. 4 All. 233; 46 N.H. 371; ante, 1 Am. Law Rev. 134; 3 ib. 555.

2. Insolvent debtors assigned all their property for the benefit of creditors, preferring some of them. The assignment was made in New York, and was lawful there. Part of said property was land in Missouri, by the laws of which State such an assignment would have been void, and a New York creditor afterwards attached said land. Held, that as against him the prior assignment was valid. — Thurston v. Rosenfield, 42 Mo. 474.

See CONSTITUTIONAL LAW, 6; INTEREST, 2.

CONSIDERATION.

An oral promise to convey land, in accordance with which the land is subsequently conveyed, is a sufficient consideration for a promissory note. — Kratz v. Stocke, 42 Mo. 351.

See BILLS AND NOTES, 3; HUSBAND AND WIFE, 2.

CONSTITUTIONAL LAW.

1. A State law allowing a personal action by the owner of one boat against the owner of another, in a case of collision through mutual fault, to recover a sum which will make the loss proportional to the value of such boats, is not in conflict with the Judiciary Act, § 9, and is constitutional. · Stewart v. Harry, 3 Bush, 438.

2. A State law requiring stamps of a certain value to be placed on all passenger tickets, and on all contracts for passage on vessels leaving the State, is unconstitutional. —People v. Raymond, 34 Cal. 492.

3. An act exempting lands of a certain corporation from taxation, the State having received no consideration for such exemption, is not a contract, and may be repealed, notwithstanding a provision in the act to the contrary. - Washing‐ ton University v. Rowse, 42 Mo. 308; Home of the Friendless v. Rowse, ib. 361.

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4. On December, 1867, the relator, who was not State Printer, was awarded the printing of the Kansas laws for 1868, and gave bond for performance of his duty; the next legislature ordered said printing to be given to the lowest bidder. Held, that the last order was unconstitutional and void. Mandamus granted, ordering Secretary of State to furnish a copy of said laws to relator. - State v. Barker, 4 Kansas, 379.

5. A similar mandamus in favor of the lowest bidder, under said subsequent order, was refused, although all the specifications as to the manner of printing, &c., were different from those of the previous contract. —Ib. 435.

6. Creditors are not barred in an action in a State court by a discharge under the insolvent laws of the State if they resided out of the State at the time the debt was contracted. Judgment of Supreme Court reversed (HUNT, C.J., dissenting). Soule v. Chase, 39 N.Y. 342.

See CASES FOLLOWED; JURISDICTION; LEGAL TENDER, 1; TAX, 1; TEST OATH.

CONSTITUTIONAL LAW, STATE.

1. An act authorizing the voters of a borough to decide by ballot whether any license to sell spirituous liquors should be granted within the limits of such borough, and, in case of an adverse vote, forbidding such licenses to be issued, notwithstanding a State license law, is constitutional. It is not a law referred to a vote of the people for their acceptance before it can become a law. - Hammond v. Haines, 25 Md. 541.

2. The Constitution of California provides that " Taxation shall be equal and uniform throughout the State. All property in this State shall be taxed in proportion to its value, to be ascertained as directed by law." A tax was imposed by statute on all property in the State, with the exception of certain classes. Held, that the exception was void, and that the tax must be levied on all the property in the State. People v. McCreary, 34 Cal. 432.

3. An act authorizing a particular manufacturing corporation to flow land of third parties without their consent, for the purpose of getting water power, is constitutional if it provides for the compensation of the owners of said land. – Great Falls Manufacturing Co. v. Fernald, 47 N.H. 444. See Todd v. Austin, 34 Conn. 78.

4. The right of eminent domain may be exercised in favor of a foreign corporation.

But an act authorizing the appointment of commissioners to appraise damages already sustained from the acts of such a corporation, and making the payment or tender of the sum awarded by them a bar to an action for such damages, is unconstitutional. Judgment of Supreme Court reversed (MILLER, J., dissenting). In re Townsend, 39 N.Y. 171. See MANDAMUS; TEST OATH.

CONSTRUCTION OF INSTRUMENTS AND STATUTES.

1. When in an assessment roll the column headed" Value of lands" contained figures unexplained by any "$" prefixed, or otherwise: Held, that there was no assessed valuation of such lands, and that the assessment was void. - People V. Hastings, 34 Cal. 571.

-6.

2. A party insured against injury "by violent and accidental means, within the meaning of the contract and conditions annexed," was injured internally by jumping from a car and running some distance, for purposes of business only, and not from peril or necessity. Held, that he could not recover.

The meaning of the principal words was not enlarged by conditions, excepting injuries hardly within their scope such as duelling, over-exertion, sunstroke, &c. - Southard v. Railway Passengers' Ass. Co., 34 Conn. 574.

3. A policy of insurance on the life of a husband was made payable to the wife, her executors, administrators, or assigns, for her sole use, and in case of her death before his to be paid to her children. A statute authorized a husband to effect such an insurance, and protected it from his creditors. The wife assigned the policy for value, and died before her husband. Held, that the policy was payable to the children, not to the assignee, in the event which had happened. ·Connecticut Mut. Life Ins. Co. v. Burroughs, 34 Conn. 305.

4. "For value received, I promise to pay H. D. or his order, eighty-five dollars, for the use of the N. E. P. Union Store, No. 607, on demand, with interest, S. S. Moore, Treasurer." It was proved that M. was treasurer and acting partner, and had authority to bind the firm of the N. E. P. Union. Held, that the note was that of the firm alone, and not of M. Dow v. Moore, 47 N.H. 419.

5. "The president and directors of the A. B. Co. will pay," &c., signed “C. D. Pres., E. F." et al., does not bind the individuals signing, but only the corporation. Yowell v. Dodd, 3 Bush, 581.

6. "The president, by the order of the board of the A. B. Co., promise to pay," &c.., signed "C. D. Pres., E. F." et al., binds the individuals signing, and not the corporation. - Caphart v. Dodd, 3 Bush, 584.

See AGREEMENt, 1; Bankrupt Law, 2; BouNTY; CONSTITUTIONAL LAW, 2; CONSTITUTIONAL LAW, STATE, 2; Embezzlement; Fee Simple, 1; GuarANTY, 1; INNKEEPER; INSURANCE, 3; NATIONAL BANK; ORDER, 1; WATERCOURSE; WAY; WILL, 1, 3.

CONTRACT.-See AGREEMENT; BET; BURDEN OF PROOF; CARRIER, 14; CoxSIDERATION; CONSTITUTIONAL LAW, 3-6; CONSTRUCTION OF INSTRUMENTS AND STATUTES, 2-6; DAMAGES, 2, 3; FRAUDS, Statute of, 2; GUARANTY; HUSBAND AND WIFE; LEGAL Tender, 2; ORDER, 2; RAILROad, 2; Sale; SUNDAY; TAX, 1.

CORPORATION.

1. Semble, an action will lie against a corporation for a libel published by its directors in the discharge of their office, and their malice is the malice of the corporation. Maynard v. Fireman's Fund Ins. Co. 34 Cal., 48.

2. A railroad company may be charged with exemplary damages for injuries done with force or malice to a passenger by a conductor of said company. — Baltimore and Ohio R.R. Co. v. Blocher, 27 Md. 277.

See CONSTITUTIONAL LAW, STATE, 4; FEE SIMPLE, 1; FRAUDs, Statute of, 1; CONFLICT OF LAWS, 1; SEAL.