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2. On a promise to pay “ as soon as able," a judgment and execution are the best test of defendant's ability to pay. — Cecil v. Welch, 2 Bush, 168. See CARRIER, 4; CERTIFICATE OF DEPOSIT; DAMAGES, 2 ; STAMP, 5. BAILMENT. — See CONSIGNOR; INNKEEPER; WAREHOUSEMAN.
BANK. — See GIFT; NATIONAL BANK.
BETTERMENT. 1. An act of the legislature incorporated a company for the purpose of draining large tracts of marsh land, and authorized one of the judges of the Supreme Court to appoint three commissioners to make a contract with said company for said purpose, subject to the approval of one of said judges. The contract price was to be assessed, and to be a lien upon the land benefited; but there was no provision for the indemnification of the owner in case the expense exceeded the benefit conferred. Said act was not passed at the request of the land-owners. Held, that it was unconstitutional, by the Chancellor, on the ground that it was not passed for public uses, and that, as a police law, it was bad, as it allowed the making of a contract of profit to the corporation, and so imposed a rent charge on said lands for its benefit: on appeal, on the ground that it was a betterment law which did not limit the tax on the proprietors to the benefit conferred. — The Tide-Water Co. v. Coster, 3 C. E. Green, 54; 8.c. ib. 518.
See Ottawa v. Spencer, 40 III. 211. See also post, CONSTITUTIONAL Law, STATE.
2. A street-railroad company's easement of running cars over tracks in a street, may be assessed as real property benefited by the widening of said street for the expense of such widening. — Appeal of N.B. & M. R.R. Co., 32 Cal. 499; Chicago v. Baer, 41 Ill. 306.
As to word “land," see Cleveland & Pittsburgh R.R. Co. v. Speer, 56 Penn. St. 325.
BILL OF LADING. — See WAREHOUSEMAN.
BILLS AND NOTES. Notice of protest of a note was left at the house in Washington, of a member of Congress, after Congress had adjourned and he had left the city, as was his custom at such times. His domicile was in the district he represented, and his Washington house was occupied by strangers, by his permission, who did not pay rent. Held, that the notice was not sufficient (MONCURE, J., dissenting). - Bayly v. Chubb, 16 Grat. 284.
See AssUMPSIT, 1; CERTIFICATE OF DEPOSIT ; CONFEDERATE MONEY, 4, 5; COUPON; ESTOPPEL; GUARANTY; STAMP, 1-5. BOARD OF HEALTH. - See CONSTITUTIONAL LAW, STATE, 3.
Bona FIDE PURCHASER. — See STAMP, 8.
BOND. Insanity is not a defence to an action on an injunction bond, it not appearing that plaintiff knew the fact.
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.
BROKER. — 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, ib. 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 Ill. 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.
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 Confederate 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 Ill. 398.
CONSCRIPTION. – See CONSTITUTIONAL Law, 1.
• CONSIDERATION.. See ESTOPPEL.
CONSIGNOR. B. bought grain, and consigned it by defendants' railroad to C. & W.; paying for it with drafts on C. & W., accepted by them, and indorsed by L. C. & W. failed to take up some of said drafts, as they became due, and L. paid them, Thereupon B, ordered defendants to deliver said grain to L. instead of C. & W., which they refused to do. C. & W. had received no bill of lading, and L. offered to give up said drafts to them (C. & W., being the real defendants). Held, that defendants were liable to L, in trover. Lewis v. Galena & Chicago R.R. Co., 40 III. 281.
CONSPIRACY. Counts for conspiracy to “cheat and defraud” parties of their property “by divers false pretences, and subtle means and devices," held bad on demurrer. The object was not necessarily criminal, and the means too vaguely described. So counts alleging a purpose to “get into the hands" of the accused from cer. tain other parties their goods, and then to abscond from the State with said goods, and defraud said parties of the same. — Stale v. Keach, 40 Vt. 113.
CONSTITUTIONAL Law. 1. Congress may raise armies by conscription.
One who has furnished a substitute who still continues in the service, is not thereby entitled to be discharged from service, under a call made by a subsequent act of Congress. (Decided under the Confederate Constitution.) – Burroughs v. Peyton, 16 Grat. 470.
2. A tax was levied, by a county, under the authority of the State Legislature, in order to prevent a draft by hiring substitutes ; and another, after a draft, to reimburse expenses for substitutes and to pay drafted men who were willing to serve.
Held, that they were unconstitutional as to those who had not consented to them. — Ferguson v. Landram, 1 Bush, 548.
But see Drake v. Phillips, 40 III. 388, 393; State v. Harris, 17 Ohio St. 608; Washington County v. Berwick, 56 Penn. St. 466.
3. A toll imposed by a State on logs and lumber floated down a stream from that State into an adjoining one, is unconstitutional. — Carson R. L. Co. v. Patterson, 33 Cal. 334.
4. The Legal Tender Law is constitutional as to debts contracted before its passage. – Wilson v. Triblecock, 23 Iowa, 130.
Contra, Riley v. Sharp, 1 Bush, 348. See Hall v. Hiles, 2 Bush, 532.
5. The Civil Rights Bill, so far as it undertakes to make negro testimony admissible in State courts, contrary to State laws, is unconstitutional. - Bowlin v. Commonwealth, 2 Bush, 5.
See CONFEDERATE MONEY; EXEMPTION, 1, 2; MISSISSIPPI RIVER; RAILROAD, 1-3; SECESSION; STAMP, 1, 4, 5, 7; Stay Law; Tax; WAR, 3.
CONSTITUTIONAL Law, STATE. 1. The Constitution of Ohio gives a right to vote to white male citizens. It having been decided that male citizens having a visible admixture of African
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 II. 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; EXEMPTION, 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.