Banks. Bills in Chancery. Bills of Lading.

BANKS.-Continued.

Chancery. Collision.

If there be a deficiency of assets and the stockholders are required to
contribute pro rata, on the amount of stock they own, and to pay
the whole amount if necessary, on such a decree an action of debt
cannot be sustained.

Ib.

To maintain an action of debt, the sum decreed must be certain, so as
to require no further action of the court. Ib.

An action being brought on the decree, is subject to the condition
expressed. 1b.

A suit in equity is sustainable to carry a decree into effect. Ib.
BILL IN CHANCERY.

On a demurrer to a bill being sustained, the court will give leave to
amend the bill and time for answer. Ketchum v. Driggs, 14.
To restrain a creditors bill, an execution is not necessary unless
required by statute, when the property cannot be reached at law.
Wilkinson v. Gale, 16.

A citizen of Connecticut, being a stockholder, may file his bill for an
injunction against the collection of an unconstitutional tax, and
make the directors of the bank defendants, they having refused
to take the necessary steps. Woolsey v. Dodge, Treasurer, 142.
An action of trespass is not an adequate remedy for the bank, when
its funds are annually and unlawfully abstracted. Ib.
The State cannot be sued, its officer may not be responsible. 1b.
The courts of the Union follow the construction of the statutes of the
State as established by its Supreme court. Ib.

All persons interested should be made parties to a bill to forclose a
mortgage. Matcolm v. Smith, 416.

This is indispensable when a party may be chargeable with any
balance which the sale of the premises may not satisfy. Ib.

BILL OF LADING.

A bill of lading is conclusive to establish the articles shipped, unless
fraud or mistake is shown. Backus v. the Schooner Marengo, 487.
Such an instrument has some of the characteristics of a bill of ex-
change. Ib.

Good faith in the agents of commerce is requisite. Ib.

CHANCERY.

Under the rules of court a bill is not amendable after replication is
filed, unless the plaintiff shows the proposed amendment is mate-
rial. Ross et al v. Carpenter, 352.

Such amendment will not be allowed to introduce a new party, where
the party were known before the bill was filed. Ib.

COLLISION.

A steamer in entering a harbor must use great caution to avoid a col-

Collision. Commerce. Common Carriers.

COLLISION.- Continued.

lision. Any want of care by the commander, will subject the
owner, in case of collision, to damages. Ward v. the Propeller
Rossiter, 63.

When the way cannot be seen, the entering boat should be stopped. Ib.
Since the introduction of steam the rule of navigation has been en-
larged. Steamers are bound to avoid a collision. Fashion v.
Ward, 152.

COMMERCE.

In-

The legislature of Illinois has no power to authorize a bridge across
the Illinois river which is a material obstruction to commerce.
surance Co. v. Peoria Bridge, 70.

Bridges may be constructed over this navigable river provided they
do not materially obstruct commerce.

1b.

If the bridge be an obstruction, damages cannot be recovered, if the
complaining boat was carelessly or unskilfully managed. Ib.

A State cannot authorize a material obstruction to the commerce of
any of the navigable tributaries of the Mississippi. Col. Insurance
Co. v. Customers, 209.

A steamboat enrolled and licensed, while engaged in carrying on
Commerce between different states, has a right to the use of a navi-
gable water without obstruction. Jolly et al v. Terre Haute Bridge,
337.

The ordinance in this respect is still in force. Ib.

A bridge of sufficient elevation with a proper draw would be no ob-
struction. Ib.

If the hight or draw be insufficient the act affords no justification. Ib.
The power to regulate commerce is vested in Congress; but the judi

cial power cannot act until Congress shall prescribe the rule. U.
States v. Railroad Bridge, 518.

Where there is an obstruction which operates to the irreparable in-
jury of an individual, chancery may give relief. Ib.

This was the ground on which the court decreed in the Wheeling
Bridge case. Ib.

The bridge proposed to be erected over the Mississippi at Rock Island
will, it is supposed, not form an appreciable obstruction to com-

A common carrier must deliver the property within a reasonable time,
under the circumstances of the case. Broadwell v. Butler & Co, 296.
Where the waters fa 1, usage may be shown in such cases. Ib.
Where there is such detention full freight may be recovered. Ib.

Compact. Constitutional Law. Consequential Damages. Contract.
COMPACT.

A law of Indiana was passed declaring lands sold by the United
States, within the State, should not be taxed until after the expira-
tion of five years from the time of sale. In 1847 Congress passed
a law taking off the restriction as to taxation before the year 1820.
The act of Indiana remained unrepealed. Before the repeal of the
law lands had been sold. Held, that such lands were exempt from
taxation for five years from the sale. Thompson v. Halton Treas-
urer, 386.

CONSTITUTIONAL LAW.

A provision in a bank charter which declares, "that the bank shall
pay a tax of six per cent. upon its dividends, after deducting as-
certained expenses and losses, in lieu of all taxation whatever,"
is a contract the obligation of which the legislature cannot impair.
Woolsey v. Dodge, 142.

CONSEQUENTIAL DAMAGES.

Consequential damages are often recovered, but they must be such as
result from a failure to perform by one of the parties to the con-
tract. But possible or probable profits cannot be the ground of
increasing damages. Chapin & Butts v. Norton et al, 500.

In the course of a contract if accounts are presented and no objection
made, it is too late afterwards to object. Ib.

CONTRACT.

should take a stock farm
Shortly after he took pos-
reserving to himself the

A contract was entered into that defendant
and manage it for one third of the profits.
session, he sold the stock on the farm,
homestead and a small part of the grounds, and he rented the resi-
due of the farm. Held, that this was an abandonment of the con-
tract. Tibbatts & Wife v. Tibbatts, 80.

Any modification or change of the contract after, by the husband
without the consent of the wife, cannot bind the wife, the land
being hers, after the death of her husband. Ib.

Where a contract was made for the purchase of wheat at Detroit to be
delivered in the spring, on the opening of navigation, parol proof
is admissible to show, at what time the payment is to be made.
Halsey v. Hurd, 102.

On a failure to deliver the article at the time specified, the purchasers
may claim, as damages, the difference between the contract price
and the current price of the article. Ib.

The plaintiffs agreed with the Commissioners of Hamilton county to
build for the county, upon the old court house lot in Cincinnati, a
court house upon such place and of such materials as to them shall
seem proper, which covered the entire lot.

CONTRACT.-Continued.

Contract.

In the same contract they agreed to build a jail, on such lot or within
certain limits, as the legislature might authorize. Held, that
although the law contemplated all the buildings for the county
should be placed on the court house lot, yet the contract for
building the jail on another lot, is not illegal on the condition ex-
pressed. Cook & Cook v. Commissioners of Hamilton county, 112.
It was to be made binding by the action of the legislature. Ib.
The contracts to build the court house and jail were separate and dis-
tinct, although included in the same instrument. Ib.

To justify a party to put an end to a contract, the contractor must in
effect abandon it. Ib.

Where two hundred thousand dollars were appropriated to construct
county buildings, which must cost three times that sum, the appro-
priation imposes no limitation as to expenditures. Ib.

If in construction of a public work, it is provided that the engineer
may put an end to the contract, if in his judgment the contractor
does not act with the necessary vigor-the engineer is not respon-
sible, though he may be mistaken in judgment. Culbertson v. Ellis
et al, 248.

But if the engineer act corruptly he is responsible. Ib.

The declaration of forfeiture will prevent the contractor from the
recovery of damages. Ib.

When a receipt is given in evidence to show the contract of affreight-
ment, the whole document is in proof and one part cannot be sepa-
rated from the other. Butler v. Steamer Arrow, 470.

After the voyage had been completed the clerk of a steamer sailing
between Sandusky, Ohio, and Chatham, Canada, touching at Detroit
and other ports, gave the following receipt to the owner of a horse

lost:

Received of T. B. three dollars for transporting horse from Sandusky
to Chatham. One dollar for the steamer Ploughboy, and two dollars
for the steamer Arrow. The horse (by consent) transferred to the
Ploughboy. Ib.

Parol evidence admitted to explain receipt. Ib. Held, steamboat not
liable, the horse having been handed over to the Ploughboy.
Where a person has agreed to deliver a quantity of lumber at speci-
fied prices, and he fails to comply with his contract, the plaintiff
is entitled to recover in damages the difference in price between
the lumber contracted for, and the market price at the place of
delivery. Barnad v. Conger, 497.

If the market price at the place of delivery was as low or lower, than
the price agreed to be paid in the contract, the plaintiff will be
entitled to no damages. Ib.

Contract. Corporation. County Orders. Costs.

CONTRACT.- Continued.

The rule is that no damages can be recovered, where none has been
sustained. Ib.

Under a contract made by complainants, with the defendants, that
the former would purchase all the lumber sawed by the defendants,
and complainant would furnish supplies, etc., which they after-
wards refused to do, on which defendants abandoned the contract;
held that where one party refuses to do a certain thing under the
contract which was necessary to enable the other party to perform
his part of the contract, he may abandon it. Ib.

And in such case the party first refusing is liable to the other for
damages. Ib.

But such damages are limited to the immediate consequences result-
ing from the refusal to perform the contract, and not to probable
profits. Ib.

A large amount of lumber being in the possession of the defaulting
party, having repudiated the contract, he cannot claim the benefits
under it. Ib.

But in selling the lumber he would be entitled to compensation. 1b.
CORPORATION.

A corporation in the State of New York, may hold land in the State
of Michigan. Farmers' Loan Co. v. McKinney, 4.

This is a matter of comity. Ib.

COUNTY ORDERS.

Counties are established by law and need not be proved. Lyall v. La-
peer county, 446.

The revised statutes of Michigan of 1846, sec. 46, having provided
that the county treasurer shall pay money on the order of the Board
of Supervisors, countersigned by the Chairman and signed by the
Clerk, an order in that form will be presumed correct, and the
official act of the Supervisors. Ib.

Such an order is a county liability, drawn by one county officer on
another, for payment out of county funds, and no presentment and
demand are necessary. Ib.

The statute expressly authorizes such orders for county indebtments
to be drawn by the Board of Supervisors, and does not prohibit
their negotiability. Ib.

An action lies against the county upon such county orders for county
indebtment, in the court of the United States. Ib.

COSTS.

There can be no taxation of costs except under the act of 1853.
Lyall v. Miller, 422.

That law abolishes all previous laws on the subject, without any re-
servation. Ib.