4. While ordinarily a tenant in possession is presumed to occupy for his co-tenant as well as for himself, yet he may hold adversely to his cotenants, if he does so under a distinct claim as to the nature of his occupancy, and upon notice to his co-tenants. Such notice may be either actual or constructive. Ib.

5. Notorious occupancy, under deeds duly recorded, claiming the entire title, is good and sufficient notice, especially to those of whose claim of co-tenancy, and of whose existence the Occupying tenant did not know after diligent inquiry. AGENCY

Ib.

4. His possession and delivery of the deed to the grantee is not apparent authority to receive payment, especially where the grantor lives near Ib. by and can be easily reached.

5. Whether one is agent for another is a question of law to be determined from what took place between the parties at the time of the creation of the claimed agency.

Ib.

6. An affirmative answer to the question "did you give the papers to your agent" does not estop the party answering from denying the agency.

Ib.

7. Where a person is employed to make sales on commission the employer has a right to reject sales to persons he does not consider financially good, without being liable for commissions. Allhouse v. Baum. 205

8. The contract of an agent for his principal, made with himself, is prima facie void, and if it shows the agent's double and antagonistic capacity on its face, it carries notice to subsequent holders. Arnkens v. Rouse.

380

9. In a loan upon real estate security, the fact that the borrower pays the fee for examining the title, does not make the attorney rendering the service the agent of the borrower in the transaction. Antioch College v. Carroll. 220

10. Authority to collect the prin cipal debt, evidenced by a note is not implied from authority to make the loan and collect the interest unless the agent has possession of the prinIb. cipal note when due.

11. If the borrower pays the money at maturity to the attorney, and such money paid never reaches the lender, it is the borrowers loss, if, it in fact appears that such attorney did not have either the note or authority to collect the same. AMENDMENTS

Ib.

Certain syndicates owning land enter into a certain contract with a partnership, which the partnership assigned to a corporation, the stockholders of which were the members of the firm and two additional persons. In an action upon the contract it was held: That it was not error

AGENCY-Continued-

for the court at the conclusion or
plaintiff's testimony to allow the peti-
tion to be so amended as to state that
the assignment was with the assent of
defendants. Such amendment did
not change the cause of action. Har-
per v. Dalzell.
531

ANIMALS-

In Ohio the stealing of a dog,
may or may not be larceny, depending
upon whether the animal is of value.
Anonymous.
92

APPEALS-

1. The rule allowing parties to
appeal to chancery against a judgment
in any court, is of great strictness and
inflexibility, and the court will not
lend its aid, unless the party claiming
its assistance can impeach the judg-
ment by facts. Hill v. Hotel Co. 281

2. On appeal in replevin, judg-
ment on default for a petition may be
rendered for defendant for a restora-
tion of the property without an an-
swer being filed. Wellman v. Well-
815
3. There is no flexibility to the
statute requiring that bond for appeal
from the probate to be in double the
amount where money is ordered to be
paid. In re Simkinson.
678

man.

4. The statute applies to appel-
lants, other than those to whom the
order to pay was directed.
Ib.

5. An appeal does not lie to the
common pleas from a judgment of the
probate court, refusing to admit to
record therein, under sec. 5937, Rev.
Stat., a certified copy of a will claimed
to be executed and proven in another
state. Barr v. Chapman.
862

6. In a proceeding by an as-
signee in probate court for the sale of
real estate, the court in fixing the
amount of the appeal bond for a lien-
holder defendant appealing from the
order finding amount and priority,
etc., and directing payment will be
governed by its discretion without re-
gard to double the amount involved.
Hale v. Bank.
ARSON-

784

An indictment for arson, with
intent to defraud the insurer, under
sec. 6832 Rev. Stat., is defective, unless
it alleges that the property was in-
sured against loss or damage by fire.
State v. Yablon.
569
ASSESSMENTS-

1. One occupying property un-
der a mere license which may be re-
voked at any time is not an owner of
the same within the meaning of the

4. As to other lands which may
be assessed under sec. 2264, it must
appear that such steps were taken un-
der sec. 2277 as are necessary to equal-
ize the burden on each lot in propor-
tion to the benefit to that lot. Ib.

5. An action for recovery of
overpayment on a street assessment,
where the mistake was one of calcula-
tion by the city's agent is not barred
by the one year limitation of sec. 5848.
Grosbeck v. Eshelby.
819

6. Where council before an im-
provement is made, determines by or-
dinance that the cost shall be assessed
per front foot upon the property abut-
ting thereon, the question of benefits
cannot be considered. Crawford v.
Cincinnati.
378

7. The purpose of the provision
of sec. 2264, Rev. Stat., is that it shall
be designated in advance whether the
assessment is to be on the abutting
and such adjacent and contiguous or
other benefited lots and lands in the
corporation, either in proportion to
benefits, or according to value, or by
the foot front of the property bound-
ing and abutting upon the improv-
ment. Strauss v. Cincinnati.

92

11. A tract of land not of greater
dimensions than the fair average depth
of lots in the neighborhood, although
not a part of any subdivision num-
bered and recorded as lots, is not land
"not subdivided into lots," but is a lot
subject to assessment under sec. 2269,
Rev. Stat.
Ib.

12. Where a lot has been as-
sessed under a petition subscribed by
three-fourths of the owners abutting
on any street or highway, as provided
in sec. 2272, Rev. Stat., and when there
is a subsequent assessment for a dit-
ferent street on which said lot may
abut, within a period of five years, and
the owner did not subscribe the peti-
tion for the same, such lot will be lia-
ble for the assessment for the second
improvement in an amount not to ex-
ceed twenty-five per cent. of the value
of the lot or land after the improve-
ment is made. Pimshon v. Cincinnati.
490

ASSIGNMENT FOR CREDITORS-

1. Assignee is not bound to rec-
ognize prior existing equitable consid-
erations, and operations as an agree-
ment for a lien, between original par-
ties, his assignor and the creditors.
Bank v. Walton.
904

2. An assignment for benefit of
creditors operates as a conveyance,
and only such mortgages as appear to
have been duly executed and recorded
are entitled to notice at the time of
the assignment.
Ib.

3. A party claiming priority on
funds of an insolvent estate, should
clearly show that he is entitled there-
to; on general principles the fund
should be distributed pro rata among
all creditors. Lotze v. Hoerner. 131

4. The probate court has no ju-
risdiction to punish for contempt the
failure or refusal of the assignee to

5. Interest should be allowed a
creditor whose claim has been rejected
by the assignee, and subsequently al-
lowed by the courts, from the date the
dividend is allowed. In re assign-
ment of Easton.
759

6. After an assignment in the
probate court, a suit to foreclose a
mortgage need not be filed in the com-
mon pleas court. All the rights of
creditors can be worked out in the
probate court. Anonymous.
252

7. The word "operative" as used
in sec. 6355, Rev. Stat., includes all
classes of labor, except that which
might be properly distinguished as
professional or scientific labor. Akron
Iron Co. v. Whitely Co.

192

8. No distinction can obtain
under this statute between resident
and non-resident laborers.

Ib.

9. H. borrowed $200,000, pledg-
ing as collateral, stock in a national
bank, apparently valid. Afterwards
H, and the bank, both failed, and be-
came insolvent, and the bank's presi-
dent being sued by the bank in an
action in deceit for the false statements
contained in the certificates settled
the suit for $75,000: Held, That not-
withstanding such payment the bank
was entitled to prove its claim against
the estate of Harper for the full
amount of $200,000. Lloyd v. Bank.
851.

10. A manufacturing corpora-
tion chartered in N. Y. to own prop-
erty and transact business in Ohio,
may, when insolvent, by a deed exe-
cuted in N. Y., make a general assign-
ment for benefit of creditors, which is
valid to pass its real and personal
property situated in Ohio, to an as-
signee, notwithstanding the fact that
after it was chartered and entered upon
its property and business in Ohio, a N.
Y. statute was enacted which in terms
prohibited such corporations from
making such assignments "in contem-
plation of insolvency." Hall v. Coal
Co.
71

ATTORNEY AND CLIENT-

1. Under a petition resembling a
"narr." of common counts in the old
system of pleadings, attorneys may re-
cover the value of services, either
upon an express contract, or, if that
was not proved, upon a contract cre-
ated by law. Holmes v. Holland, 768
2. If such employment was by
unauthorized persons for defendants,
and the latter afterwards with full
knowledge ratified it, they became lia-

4. Testimony of attorneys who
testified to their opinions touching
the value of the services is not con-
clusive upon the jury.
Ib.

5. In estimating the reasonable
value of the services, the amount in-
volved the pecuniary advantage or dis-
advantage of the services to defend-
ants, the successful termination of the
case, the time, labor, skill, learning
and ability of plaintiffs, as attorneys,
should be considered by the jury. Ib.

6. The nature and importance of
the controversy, the novelty, intricacy
and doubtfulness of the questions in-
volved, the amount in controversy, the
nature of the services, the standing of
the attorneys and the result accom-
plished, are applicable on the quantum
meruit to recover attorney's fees and
may be considered. Kittredge v.
Armstrong.

661

1. In an action of deceit against
the directors of a National Bank, to
recover damages sustained by persons
who had loaned money and taken as
collateral security therefor, the stock
of the bank, relying upon the published
statement of the directors as to its
financial condition, it is no defense to
such directors that the bank has been
placed by the comptroller of the cur-
rency in the hands of a receiver.
Barnes v. Pogue.

798

2. Where the directors of a na-
tional bank, in pursuance to sec. 5211,
U.S. Rev. Stat., make reports by which
it appeared that the bank was solvent
and in a highly prosperous condition,
whereas, in fact, said reports were
fraudulently made and said statements
were almost entirely false; such direc-
tors are liable to an action for deceit
to one, who relying on such statements
and reports, made a loan of money to
a stockholder, taking his stock as col-
lateral. Bank v. Thoms.
632

3. Whether he has a right of
action against the other directors,
Quære.

BILL OF EXCEPTIONS-

Ib.

In order to correct a bill of exceptions,
the fact of the mistake must be estab-
lished without question. McIntyre v.
Railroad Co.

BILLS, NOTES AND CHECKS-

81

1. Notes of a corporation, signed
in its name by its president and secre-
tary, payable to the president's order,
are presumptively unauthorized; and
subsequent indorsees, though for value
and in good faith and before maturity,
take with notice. Arnkens v. Rouse.
380

2. No privity of contract exists
between the holder of a check and the
bank upon which it is drawn; and no
action can, therefore, be maintained
against a bank by the holder of a check,
unless the bank has accepted the
469
Bank v. Railroad Co.
BUILDING AND LOAN ASSOCIA-
TIONS-

same.

1. In Ohio, a borrowing share-
holder or member of a building asso-
ciation, incorporated under the Rev.
Stat., is under personal obligation to
share in losses. Everman v. Schmitt.

2. This liability is not affected
by the circumstance that his dues paid
and dividends credited, amount in the
aggregate to the sum loaned or ad-
vanced to him on his shares, provided
there has been no actual adjustment as
provided in sec. 3835, Rev. Stat., (77
O. L., 208).
Ib.

3. Where the conditions of the
borrower's mortgage have been wholly
fulfilled by him in good faith whilst
the building association was in actual
operation as a going corporation, and
before its being placed in the hands of
a receiver, the borrower is entitled to
a cancellation of his mortgage, al-
though, in the absence of an actual ad-
justment under the Rev. Stat., his per-
sonal liability to share in the losses
continues.
Ib.

4. The provision in sec. 3835,
Rev. Stat., as to adjustment, does not
execute itself, and until an actual ad-
justment is had, the terms of said pro-
vision do not come into operation.
Ib.

5. The constitution of a build-
ing and loan association providing
that money must be collected in legal
money, etc.: Held, that payment of
dues must be made in cash and, the
giving of checks is not payment within
the meaning of the constitution of the
association. Mueller v. Cohen. 575

6. In receiving the checks of a
member for the purpose of collecting
them and applying the proceeds to the
payment of his dues, the directors
were acting as the agent of the mem-
ber, and not as the agent of the cor-
poration.
Ib.
7. If one of them collects the
check, appropriates the proceeds and
fails to turn it over to the treasurer of
the corporation, the loss falls upon the
member, and not upon the corpora-
tion.
Ib.
8. It is immaterial that the board
of directors had frequently taken his
checks before, in payment of his dues.
Ib.

9. The directors have only the
powers delegated to them by the con-
stitution; beyond these their acts as
regards such members of the associa-
tion, are unofficial and do not affect the
corporation.
Ib.
10. Dividends could not be al-
lowed on dues paid in advance, in 1884.
Turner, etc., v. Woodburn,

578.

11. Quære, whether a building
association under the law as now
amended, with a constitution provid-
ing therefor, can enter into an agree-
ment binding it to pay dividends on
advance dues, or dues other than the
regular stated dues?

CARRIERS-

Ib.

1. Workmen may lawfully com-
bine to obtain such wages as they may
after consideration agree to insist
upon receiving for their work. Per-
kins v. Regg.
585

2. The appointment by striking
workmen of a committee to visit the
neighborhood of each factory whose
regular workmen are on a strike, for
the purpose of reporting the number
and addresses of the workmen em-
ployed by the factory may be legal or
illegal according to the manner in
which such mission is performed. Ib.
3. It is lawful for workmen to
endeavor by reasonable argument and
persuasion to induce others who have
not hitherto acted with them to do so.
Ib.

4. It is unlawful for them by
threats, intimidation, molestation or
by any form of coercion or compul-
sion, to interfere with the exercise of
the free will of such other workman.
Ib.

5. When a number of persons
conspire to do an unlawful act, all are
responsible for whatever any one of
the conspirators may do in further-
ance of the purpose of the conspiracy.

Ib.

6. But where a number of per-
sons agree to do a lawful act, in a law-
ful manner, and one of them for the
purpose of accomplishing the con-
certed purpose does an unlawful act,
the offending individual is alone re-
sponsible.
Ib.