Imágenes de páginas
PDF
EPUB

INDEX.

ACCIDENT INSURANCE.

CONDITION

That insurance shall not cover entering or trying to enter or leave a
moving conveyance using steam as a motive power, railroad em-
ployees excepted, does not debar a baggage checker of a transfer com-
pany from recovering.

EMPLOYEE.

... 794

Baggage checker of a transfer company, living in one place, whose
business is to board and meet trains and check baggage to other lines
is a railroad employee within the terms of an accident policy. . 794
EVIDENCE.
Marks of extreme violence, recently inflicted and causing injuries re-
sulting in death, constitute prima facie evidence of death "through
external, violent and accidental means"

ACTION.

DEMURRER.

· 133

Answer alleging that note was executed for a certain consideration,
and deposited with a bank, not to be delivered up until the considera-
tion is fulfilled, is not demurrable . .

ADMIRALTY.

JURISDICTION

-- 547

Of the admiralty court attaches only when the damage has been done
and the injury consummated upon the water; the fact that it was
done upon the ship is in itself insufficient. . .

MARITIME LIEN

. . . 547

For damages caused by collision, takes precedence of liens for repairs
and supplies

133

STEAM DREDGE

Is a subject of admiralty jurisdiction.

133

WAGES

Lien for, is not lost by an authorized suit brought on behalf of the
employee by the master of the vessel

547

AGENCY.
AUTHORITY TO SELL

Does not imply authority to collect the price of the goods sold. . 69
COMMISSIONS.

Real estate agent is not entitled to a commission upon a sale made
by the owner to a purchaser not procured by him, unless he has been
given the exclusive right to sell

.. 133

But where, by the agent's exertion, the owner and purchaser are
brought together, and the sale is subsequently made without his inter-
vention, the agent is entitled to a commission

. 202

Cannot recover on a quantum meruit under a contract to make him
sole agent to sell on commission to be in full for any service ren-
dered

ILLEGAL CONTRACT.

... 551

Advances made by an agent in effecting a combination for a purpose

921

AGENCY-(continued.)

which is unlawful and against public policy, cannot be recovered
back from the principal .

ANIMALS.

OWNER

202

Of dog, which he looses for his own advantage, is responsible for in-
juries done by it to passers on the public street
Liability of, for injuries by vicious dog

POSSESSION

202

. 26

Of cattle running at large on a range, which is common pasturage, is
constructively in the person holding the title.

APPEAL. See LEGAL HOLIDAYS, Error AND APPEAL.
HABEAS CORPUS.

69

The Supreme Court of the United States must, upon an appeal from
the action of a circuit court, examine the evidence taken in the latter
court to sustain or defeat the petitioner's right to his discharge under
writ of...

APPEARANCE. See LEgal Holidays.

ATTORNEY-AT-LAW.

DISBARMENT

658

Should be decreed because of an act by an attorney, whether in the
discharge of the duties of his office or not, which shows such a want
of professional or personal honesty, as renders him unworthy of pub-
lic confidence

BAILMENTS.

DEPOSIT ON STORAGE

. . 202

Of grain is a bailment, although under the agreement of deposit
other grain may be substituted for that actually deposited. . . . 267
BALLOT BOX. See ELECTIONS.

BANKS AND BANKING.

ACCEPTANCE

Of draft may be made by a telegram promising to pay
ALTERATION.

548

Addendum to note, making the amount of interest greater than the
legal rate, is material and will discharge a surety who did not sign
it
.. 621
BANKER
Includes, for purposes of taxation, one whose business is buying and
selling stocks for his customers, and who employs capital in his busi-
ness and has a regular place for transacting it..
CHECK

202

Must be accepted before suit can be maintained against the bank, but
an acceptance may be implied from the bank's charging it up to the
account of the drawer

COLLATERALS.

331

Deposit of, with a bank, as security for loans, does not render the
bank a gratuitous bailee, but it is liable for the want of ordinary and
reasonable care in the custody of such collaterals.
COLLECTION.

tomer

331

A bank receiving a draft for collection impliedly undertakes to per-
form such duties as are necessary for the protection of the cus-
634
The principles of the law of principal and agent applied to a bank un-
dertaking to collect .
634

[ocr errors][ocr errors]

The question of such liability and cases thereon, considered. 637-657
The contrary doctrine that where such bank has forwarded the paper,

[blocks in formation]

BANKS AND BANKING-(continued.)

and placed it in the hands of responsible agents, it is relieved from
responsibility, stated

637-657

Difference between paper received for collection, and for transmission

for collection
COLLECTION OF CHECK

... 640

By draft of the paying bank, which is dishonored when presented,
but which the depositor subsequently directs the collecting bank to
hold a few days and then send to him, does not render the bank liable
for its negligence taking the draft instead of cash . . .
EXEMPTION OF NATIONAL BANK

From suit in a State court, may be waived by the bank . .
FORGED CHECK.

267

69

Money paid upon, to an innocent holder, cannot be recovered back by
the bank on which such check was drawn

INDORSEMENT.

.. 331, 405

Restrictive, on draft left for collection, notice that the bank is merely
agent to collect .

LIABILITY FOR PUBLIC MONEY.

... 792

Depositary of public money cannot be held responsible for payments
made by order of a committee having official charge of the fund. 267
PRESIDENT

. 202

Of bank is not such a trustee as to give a court of equity jurisdiction
over him for the misappropriation of the bank's funds
Knowledge by, of equities affecting notes offered by him for discount
is not imputable to the bank

BEHRING SEA.

American rights in

BIBLE. See CHRISTIANITY.

BILLS AND NOTES

ALTERATION

331

625

By joint maker, without the consent of the other joint maker, will,
if material, render the note void as to the latter.
ATTORNEY'S FEE

133

When stipulated for in a promissory note, may be recovered without
proof of the value of the services rendered.
BLANK

· 331

For name of payee, may be filled in by any bona fide holder of the
note within a reasonable time after it comes into his possession. 202
BONA FIDE Holder.

Purchaser of a note, who has knowledge that it was given in a specu-
lative wheat deal, is not a bona fide holder for value..
CONTRIBUTION

. . 133

Cannot be expected from co-sureties by a surety on a promissory
note, which has been renewed by a note signed by the principal and
last-mentioned surety only

CORPORATION NOTE.

.. 331

Authority of the president of a corporation to indorse a promissory
note in its name, may be found from the surrounding circum-
stances

DELIVERY

. . 267

Of note deposited with a bank to await performance of a condition,
cannot be made until the condition is fulfilled.
HOLDER.

Purchaser of a promissory note payable to the order of —

. . 547
who fills

his own name therein, is a subsequent holder within the Act of Con-"
gress of March 3, 1887, as amended by that of August 13, 1888 . 792
INDORSEMENT

Is constituted by a guaranty of payment and waiver of demand and
notice, written upon the back of a promissory note.
. 267

BILLS AND NOTES—(continued.)

INDORSER

May maintain an action against the maker of a note, which he has
taken up, notwithstanding the fact that there was no proper demand
or notice of non-payment.
69
Nor is he precluded from recovering from the maker by the fact that
he paid the original note, not in cash, but by the substitution of a
new note of his own.

69

Of a note payable to the maker's own order, is liable thereon,
although his indorsement is made prior to that of the maker .. 405
Who has voluntarily paid a note from which he was discharged by
the negligence of the bank which held it for collection, cannot re-
cover back from the bank the amount so paid..
. 203
Request by, that the holder will extend the time of payment of a
note, constitutes a waiver of demand and notice. . .
LEX LOCI.

. 203

A note made in one State, and payable in another, is governed by
the laws of the latter.

.. 203

PAYMENT

Of a note made payable at the convenience of the maker, must be
made within a reasonable time.

Time of, may be controlled by a separate written agreement.
POSSESSION

1 203

. 268

By widow of an unindorsed note in the name of her husband does
not establish her ownership in the note
SALE

- 331

Of drafts by one to whom they have been indorsed in blank for col-
lection, vests a good title in the purchaser. . .

331

BILLS OF LADING. See COMMON CARRIERS, FIRE INSURANCE.

[blocks in formation]

May be protected by a chattel mortgage given by the maker, and
such mortgage will inure to the benefit of the holder of the note. 405
MORTGAGEE

May purchase at his own sale, but the burden is on him to show the
fairness of the sale . .
69
Is not required to deliver to the mortgagor on his own premises,
goods which he has taken into his possession after a default, but
which have subsequently been redeemed.
. 133
RETENTION OF POSSESSION

By mortgagor of a stock of goods, with the understanding that he
shall continue to sell them at retail in the ordinary course of trade,
renders the mortgage fraudulent and void as to his creditors. . . 268
CHECKS. See BANKS AND BANKING.

CERTIFICATION

Is not constituted by a verbal statement that a check is good and will
be paid.

CHRISTIANITY.

. 133

CHRISTIANITY AND THE COMMON LAW.

Part of the common law in England

273

This statement excepted to by Lord Coleridge

276

In the United States, same maxim asserted in some cases
Repudiated by the State governments

277

277

[blocks in formation]

284

[blocks in formation]

The adoption of, and reading any portion of the Bible in, is in viola-
tion of the Constitution of Wisconsin

286

The meaning of the word "sectarian" as used in the Wisconsin Con-
stitution

. . 286

The meaning of the term "sectarian instruction" in the Wisconsin
Constitution

Reading from the Bible without comment is instruction.

. . 286
. 286

The stated reading of the Bible in, is "worship" within the consti-
tutional prohibition.

286

School room a place of worship

286

Religion as a system, cannot be taught in the common schools of
Wisconsin

Morality and good conduct may be inculcated.

. 286
. 286

The function of the State in relation to religion under the constitu-
tional government, and the constitutional aspect of the Bible in the
public schools considered
321-330
COMMON CARRIERS. See FIRE INSURANCE, INTERSTATE COM-
MERCE, RAILROADS.

BILL OF LADING

[ocr errors]

Stipulation in, for an agreed valuation to cover loss or damage from
any cause whatever, does not relieve the carrier from loss by his own
negligence.

766

Full value may be recovered

766

The doctrine discussed, and the decisions and laws of the various
States in the Union collected.

[ocr errors][merged small][merged small]

Condition of, at the time of shipment must be looked to, in action
for damages.

548

Duty of carrier to feed and water does not arise when there is a special

contract

548

Effect of a special contract.

548

CONTRACTS AGAINST PUBLIC POLICY.

Agreement between rival steamboat owners to cease competition is
void and will not be enforced.

[ocr errors][merged small]

Release by a shipper of a common carrier from all loss or damage to
goods in course of transportation, is void .

. . . 268

203
Fire clause in a bill of lading, which exempts from liability for loss by
fire a railroad company that has made no reduction in its freight rates
in consideration of such clause, is void...
But a clause limiting liability in consideration of a reduced rate of
transportation, to a certain specified amount, in case of loss or damage
through the negligence of the shipper, is invalid.
Otherwise in Pennsylvania ..

[merged small][merged small][merged small][ocr errors][merged small][merged small]

Bound to receive payment in legal tender notes from passenger on
the train.

Cannot refuse to accept such, and eject passenger.

. 195
. 195

« AnteriorContinuar »