895(3) (Iowa) On appeal in equity incom-997(3) (Neb.) Motion by both parties for petent evidence ignored.-Tusant v. Grand directed verdict submits case to court, and its Lodge, A. O. U. W., 195.
901 (Iowa) Appellant must show error.- Henry v. Henry, 639.
907(3) (Neb.) In absence of bill of ex- ceptions findings will be presumed sustained by competent evidence.-Amos v. Eichenberger, 330.
907 (3) (N.D.) In the absence of settled case, findings must be accepted, and the evi- dence is presumed to support material facts alleged.-Ryan v. Bremseth, 818.
In the absence of a settled case, findings, conclusions, and judgment of strict foreclosure of contract for deed with liquidated damages
909 (6) (Iowa) Official acts presumed regu- lar in support of judgment.-Remington v. Machamer, 32.
finding has force of verdict and not set aside unless clearly wrong.-Riverton State Bank v. Walker, 1011.
1001 (1) (Neb.) Verdict supported by evi- dence not disturbed.-Simpson v. Omaha & C. B. St. Ry. Co., 1001.
1001(1) (S.D.) Credibility for jury.-Polluck v. Minneapolis & St. L. R. Co., 830.
1001 (1) (Wis.) Verdict not disturbed where evidence was sufficient for submission of case to jury.-Isgro v. Plankinton Packing Co., 606.
cause court disagrees with theory of jury.- 1001 (2) (Iowa) Verdict not set aside be- First Nat. Bank v. Royal Indemnity Co., 934. 1002 (Iowa) Verdict on conflicting evi- 52; Hanson v. Jeffries, 419. dence conclusive.-Farr v. Mackie Motors Co.,
1002 (Neb.) Verdict on conflicting evidence not disturbed.-Edwards v. Hastings Distribut-
927(7) (Iowa) On review of grant of mo- tion for directed verdict for defendant, testi-ing Co., 980. mony construed favorably to plaintiff.-Wool-1003 (Neb.) Verdict for defendant in dis- soncroft v. Rogers, 13. regard of material facts will be set aside.- Urban v. Novotny, 337.
927 (7) (Mich.) Evidence must be consider- ed most favorably to plaintiff against whom ver- dict is directed.-Oleszek v. Ford Motor Co.,
928(4) (Iowa) In absence of showing in abstract to the contrary, that party had op- portunity to ask for additional instructions will be presumed.-Kerns Bros. v. Delacy, 774.
1004 (3) (Wis.) Verdict reluctantly aside as excessive, especially where approved by trial court.-Heintz v. Schenck, 610.
1010(1) (Iowa) Finding that husband was owner of property not disturbed in suit by wife's creditor.-Hess v. Masters, 6.
1010(1) (Iowa) Trial court's finding has 930(1) (Iowa) On appeal in passing on effect of verdict where supported by some evi- sufficiency of evidence to support judgment, it dence.-Baker v. Palmer, 419. must view it most favorably to support judg-1010(1) (Iowa) Findings supported by ment.-Evans v. Corley, 883. sufficient evidence not disturbed.-Farm Lands
930 (2) (Iowa) Assumed that jury obeyed Development Co. v. Taft, 431. instructions. Spiker v. City of Ottumwa, 465.1010(1) (Iowa) Findings based on evidence 933 (4) (Wis.) Order setting aside verdict conclusive.-In re Stockham's Estate, 650. for plaintiff on condition he pay costs pre-1010(1) (Iowa) Trial court's finding of sumed granted on ground of weight of evidence. fact conclusive so far as supported by evidence. -John v. Pierce, 600. -Caldbeck Tool & Mfg. Co. v. Omnigraph Mfg. Co., 900.
933(6) (S.D.) Record and certificate pre- sumed to have been before judge on motion for new trial, though certificate not attached to record. Haaser v. Englebrecht, 572.
939 (Iowa) Abstract presumed to contain entire record.-Kubli v. First Nat. Bank, 421. Amended abstract presumed to be correct if not denied.-Id.
discretion.-Brock Bank, 3. 961 (Neb.) Refusal of physical examina- tion after commencement of trial held discre- tionary, and ruling not disturbed except for abuse of discretion.-O'Brien v. Sullivan, 532.
1011(1) (Iowa) Where evidence conflicting on fact question, judgment will be affirmed.- Mace v. Bruce, 838.
1012(1) (Mich.) Findings not disturbed unless against clear weight of evidence.-Ithaca Roller Mills v. Ann Arbor R. Co., 516.
1031(1) (Minn.) Presumption as to preju- dice not being absolute.-Rennie v. Skellett Co., 130. 1033 (5) (Mich.) Where charge full and favorable to defendant, he could not complain thereof.-In re Turner's Estate, 402.
1033 (5) (Mich.) Instruction as to proof of riage held not prejudicial to carrier.-Vander- special damages for breach of contract of car- berg v. Detroit & C. Nav. Co., 477.
1033 (5) (Minn.) Erroneous instructions fa- vorable to appellant not ground for appeal.- Carlson v. Payne, 291.
1033 (5) (Wis.) Error in instruction on proximate cause prejudicial only to plaintiff.- Kausch v. Chicago, Milwaukee Electric Ry. Co., 257.
965 (N.D.) Application for change on ground that impartial trial cannot be had is within court's discretion; denial held not an abuse thereof.-Langer v. Courier News, 102. 977(3) (Iowa) Granting of new trial not disturbed, in absence of abuse of discretion.-1033 (5) (Wis.) Instruction to disregard Sinkey v. O'Connell, 405. testimony known to be false held erroneous, lant.-Heintz v. Schenck, 610. but not prejudicial, where favorable to appel-
979(2) (Wis.) Granting ground verdict against weight of evidence not abuse of discretion, where opposite conclusions may be drawn.-John v. Pierce, 600.
(G) Questions of Fact, Verdicts, and Find- ings.
994 (2) (Iowa) Inconsistent statements on prior trial present question of impeachment for jury. Shuck v. Conway. 858.
997 (3) (Neb.) Verdict on evidence on which reasonable minds cannot differ not dis-
1033 (6) (Mich.) Where charge full and favorable to defendant, he could not complain thereof, or of the refusal of requested charges. -In re Turner's Estate, 402.
1036(4) (N.D.) Amending complaint by adding name of Director General not prejudicial error.-Asch v. Washburn Lignite Coal Co., 757.
1041 (2) (N.D.) Amending complaint by further specification as to injuries, not preju- dicial error.-Asch v. Washburn Lignite Coal
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 1041(2) (S.D.) Defendant not prejudiced damages to fix date of breach.-Maguire v. Wm. by rulings as to value of property awarded to Grettenberg Grain Co., 644. plaintiff.-Hoven State Bank v. Acker, 954.
1043 (7) (lowa) Denial of continuance held not reversible error.-Cavanagh v. O'Connor, 907.
1068 (5) (Minn.) Error cannot be predicat- ed on refusal of instruction based on evidence of facts which jury must have found to be non- existent.-Rennie v. Skellett Co., 130.
1048 (6) (Iowa) Instruction that there was no dispute about lost assignment of claim for goods sold not error.-Rumelhart v. Schnoebel-1097 (1) (Iowa) Questions on former ap- en, 641. peal are foreclosed.-Kiple v. Incorporated Town of Clermont, SS9.
1048(6) (N.D.) Calling witness for cross- examination held not prejudicial error.-Asch 1097 (1) (S.D.) Opinion on former appeal v. Washburn Lignite Coal Co., 757. law on subsequent appeal.-Alatalo v. Shaver, 872.
1050 (1) (Iowa) Admission of testimony without connecting evidence held harmless, if error.-Remington v. Machamer, 32.
1050 (1) (Minn.) Evidence of defendant's good reputation is inadmissible, but, where er- roneously admitted, held not prejudicial.-Ren- nie v. Skellett Co., 130.
1050(1) (N.D.) Erroneous admission evidence held cured by other evidence.-Asch v. Washburn Lignite Coal Co., 757.
1050(2) (Iowa) Admission of immaterial evidence held not prejudicial error.-Kerns Bros. v. Delacy, 774.
1052(5) (Iowa) Submission of evidence as to settlement in action for wrongful death, if error held harmless.-Freeby v. Incorporated Town of Sibley, 685.
Error in admission of evidence held cured by verdict.-Id.
1099 (3) (Wis.) Rule that driver's negli- gence not imputed to passenger inapplicable where court held on former appeal that such negligence was defense.-John v. Pierce, 600.
XVII. DETERMINATION AND DISPOSI- TION OF CAUSE.
(A) Decision in General. 1107 (Wis.) Lower court's judgment fol- lowing prevailing rule of law as to imputed neg- ligence held not law of case.-Chase v. Ameri- can Cartage Co., 598.
Change in judicial rule not amounting to a rule of property becomes effective at once. -Id. 1119 (Neb.) No order or judgment could be made as to a defendant not appearing and mere- 1054(1) (Iowa) Testimony of incompetently denying a codefendant's cross-petition below. witness held not prejudicial.-In re Stockham's Coon v. O'Brien, 340. Estate, 650.
1056(2) (S.D.) Exclusion of testimony as to consolidation of school district in reliance on electors' wishes, held not prejudicial to defend- ants in action to avoid consolidation.-Hines v. Sumner, 116.
1056 (6) (Iowa) Exclusion of evidence to show performance of condition harmless in view of other unperformed conditions.-McMillan v. Jaeger Mfg. Co., 849.
1058(1) (Iowa) Exclusion of evidence held harmless.-Granby v. Friedman, 628.
1058(1) (N.D.) Exclusion of evidence held cured by other evidence.-Asch v. Washburn Lignite Coal Co., 757.
1138 (Iowa) Instruction withdrawing evi- dence not objected to by successful party not reversible error.-Kerns Bros. v. Delacy, 774.
1170(9) (Wis.) To reverse for misdirec- tion of jury, record must affirmatively show that error was materially harmful.-Heintz v. Schenck, 610.
1173(1) (Wis.) Judgment reversed as to both defendants, though error was committed as to only one.-Kuglich v. Fowle, 188.
1060(1) (Iowa) Unfounded argument im-1176(5) (Wis.) Supreme Court in revers- puting bribery to witnesses reversible error.- Riggins v. Chicago, M. & St. P. Ry. Co., 856.
1060(1) (Wis.) Refusal to permit plead- ing to be read to jury harmless.-Nelson v. Pauli, 217.
1061(4) (Iowa) Direction of verdict for, plaintiff held error without prejudice.—Security Sav. Bank v. Capp, 927.
1062 (2) (Wis.) Refusal to submit question as to whether injury was due to unavoidable ac- cident held not prejudicial.-Nelson v. Pauli, 217.
1062 (3) (Wis.) Assessment of damages by court held not prejudicial.-Pionke v. Wash- burn, 1012.
ing judgment for defendant notwithstanding verdict for plaintiff will direct entry of judg- ment on verdict.-Chase v. American Cartage Co., 598.
(E) Rendition, Form, and Entry of Judgment.
1185 (Iowa) Judgment may be modified on rehearing for error in computation of amount due.-Scott v. Habinck, 41.
1185 (S.D.) Supreme Court may either modify or withdraw opinion at any time while it retains jurisdiction.-Lynn v. Schirber, 570. (F) Mandate and Proceedings in Lower
1064 (4) (Iowa) Use in court's instruction of the word "specially" for the word "specific-1194(3): (Minn.) Defeated defendant after ally" held not prejudicial.-Maguire v. Wm. remand held entitled to contest issues in trial Grettenberg Grain Co., 644. court. Ricker v. J. L. Owens Co., 702.
1064(4) (Neb.) Copying pleadings in the instructions is not a commendable practice, but does not require reversal unless preju- dicial.-O'Brien v. Sullivan, 532.
1067 (Minn.) Refusal to instruct jury to disregard certain items of personal injury held error.-Posch v. Payne, 132.
1067 (Wis.) Instruction as to right of boy 15 years old to drive car held proper, but its refusal harmless.-Haggerty v. Rain, 1017.
1068 (4) (Iowa) Error in instruction held cured by verdict.-Freeby v. Incorporated Town of Sibley, 685.
1068 (4) (Wis.) Instruction concerning re- covery for medical services held harmless. Nelson v. Pauli, 217.
1068 (5) (Iowa) Defendant not prejudiced by any failure of instruction on measure of
1202 (Minn.) Motion for new trial under mandate from Supreme Court held addressed to trial court's discretion.-Ricker v. J. L. Owens Co., 702.
Party defeated upon appeal held entitled to move for new trial for newly discovered evi- dence notwithstanding mandate from Supreme Court.-Id.
1208 (3) (Neb.) The "purchaser" whose ti- tle the statute provides shall not be defeated, if judgments under which lands are sold shall be reversed, is a bona fide purchaser.-Coon v. O'Brien, 340.
Where judgment under which land was sold was set aside, held, that judgment debtor's wife, as his assignee, was entitled to decree for land subject to judgment for bona fide purchaser for amount paid.-Id.
1208(5) (Neb.) Purchaser under errone- ous judgment held protected only to the amount of purchase money paid.-Coon v. O'Brien, 340. 1208(6) (Neb.) The assignee of a party against whom erroneous judgment was rendered may demand restitution of property sold and maintain action to quiet title.-Coon v. O'Brien, 340.
II. CRIMINAL RESPONSIBILITY.
(B) Prosecution and Punishment. convict of taking indecent liberties with girl.— 92 (Minn.) Evidence held insufficient to State v. Rolfe, 574.
In statutory action for restitution of prop- See Drains, 71-82; Municipal Corporations, erty sold on execution under a judgment after- wards vacated, further proceedings as to judgment immaterial, and evidence showing sec- ond judgment and its payment held properly re- jected.-Id.
(G) Jurisdiction and Proceedings of Ap- pellate Court After Remand.
1217 (S.D.) Supreme Court loses jurisdic- tion on remand.-Moe v. Goodroad, 967.
1. REQUISITES AND VALIDITY. (B) Mode and Sufficiency of Assignment. ~37 (Minn.) That payee of consignor's draft drawn on consignee did not obtain the bill of lading will not defeat payee's recovery.-First Nat. Bank v. Rogers-Amundson-Flynn Co., 575.
1221 (S.D.) Statute authorizing vacation of dismissal does not apply after remand.-Moe 49 (Minn.) Facts held to sustain finding of v. Goodroad, 967.
XVIII. LIABILITIES ON BONDS AND
1244 (S.D.) Party on whose behalf appeal bond is executed not necessary party in action on bond.-Palmer v. Baker, 951.
10 (S.D.) Ground of objection to jurisdic- tion held not to convert special appearance in- to general appearance.-Mitchell v. Morgan, 568.
equitable assignment of proceeds from cattle consigned to defendant for sale.-First Nat. Bank v. Rogers-Amundson-Flynn Co., 575.
57 (Minn.) Consignee receiving and selling goods with notice of consignor's draft held liable to payee.-First Nat. Bank v. Rogers- Amundson-Flynn Co., 575.
ASSOCIATIONS. See Beneficial Associations; Insurance,
22 (Neb.) Appearance for objection to ju- See Master and Servant, risdiction of subject-matter waives objection to jurisdiction of defendant's person.-State v. Westover, 998.
70 (Wis.) Functions of arbitrators cease after award and notice to interested parties.- Herman Andrae Electrical Co. v. Courteen, 212.
ARGUMENT OF COUNSEL.
See Criminal Law, ~720-730; Trial, 133.
ATTORNEY AND CLIENT.
See Criminal Law, 720-730; Trial, 110-133.
I. THE OFFICE OF ATTORNEY. (A) Admission to Practice.
6 (S.D.) Applicant for admission to bar 110- presumed morally fitted.-Petition of Morri- son, 556.
63(3) (Iowa) Officers may arrest without warrant persons found engaged in crap game. -Folson v. Piper, 28.
70 (Iowa) Officers must take prisoner be- fore magistrate.-Folson v. Piper, 28.
71 (Iowa) Officer making arrest has no statutory duty in regard to property except weapons of arrested person.-Folson v. Piper, 28.
Officers are not required to take charge of au- tomobile belonging to arrested person.-Id.
ASSAULT AND BATTERY.
1. CIVIL LIABILITY.
(A) Acts Constituting Assault or Battery and Liability Therefor.
(B) Privileges, Disabilities, and Lia- bilities.
32 (Neb.) Where testifying generally, he should not examine witnesses or address jury. -Cox v. Kee, 974.
(C) Suspension and Disbarment.
38 (S.D.) More than trivial abuses of confi- dence necessary for disbarment.-Petition of Morrison, 556.
61 (Iowa) Evidence held not to require re- versal of decree denying reinstatement of dis- barred attorney.-State v. Maxey, 40.
That a disbarred attorney intends to practice in another state not persuasive as to reinstate- ment.-Id.
61 (Mich.) Court has inherent power to reinstate attorney.-In re Salsbury, 404. Reinstatement invests attorney with right to
2 (Wis.) Surgical operation without pa-practice, but does not revoke disbarment.-Id. tient's consent is technical assault.-Throne v. Wandell, 146.
29 (Minn.) Evidence of defendant's good reputation is inadmissible.-Rennie v. Skellett Co., 130.
Reinstatement does not relate back to dis- barment.-Id.
Proper remedy of disbarred attorney is by application for reinstatement.-Id.
Disbarred attorney not reinstated, when non- resident, but disbarment vacated.-Id.
61 (S.D.) Disbarred attorney seeking re- instatement has burden of proof.-Petition of
35 (Wis.) Evidence held sufficient to sup- port finding that dentist extracted patient's teeth without her consent.-Throne v. Wan-Morrison, 556. dell, 146.
4u (Neb.) Evidence held to support a $1,- 500 judgment for plaintiff.-O'Brien v. Sulli- van, 532.
40 (Wis.) $3,500 held excessive by $1,500 for extraction of six broken teeth without pa-
On petition for reinstatement of disbarred at- torney, court must seek information as to peti- tioner's moral fitness through every legitimate channel.-Id.
Disbarred attorney petitioning for reinstate- ment held not to sustain burden of showing mor-
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
IV. COMPENSATION AND LIEN OF
(A) Fees and Other Remuneration. 166 (2) (lowa) Evidence held to show em- ployment of attorney.-Myerly v. Lowery, 881.
92 (N.D.) Refusal to permit cross-exami- nation of complaining witness as to civil ac- tion against defendant held not prejudicial er- ror.-State v. Fuchs, 752.
BENEFICIAL ASSOCIATIONS.
See Insurance, 712-733.
16 (Mich.) While a dormant local grange (Neb.) Owner held to have leased thresh-association retained its charter, it could at any time resume its functions by act of members in er.-Gillispie v. Bohling, 85. 21 (Neb.) Owner held to have leased good standing.-Palmer v. Patrons' Mut. Fire thresher, and hence not liable for injuries from Ins. Co., Limited, of Michigan, 511. its negligent operation.-Gillispie v. Bohling,
III. ASSIGNMENT, ADMINISTRATION, AND DISTRIBUTION OF BANK- RUPT'S ESTATE.
BILL OF EXCEPTIONS.
See Exceptions, Bill of.
1. REQUISITES AND VALIDITY. (A) Form and Contents of Bills of Ex- change, Drafts, Checks, and Orders.
(D) Administration of Estate. 250(1) (Mich.) When property for which stock issued was not transferred to corpora-25 (Minn.) Consignee accepting and sell- tion, trustee in bankruptcy held entitled to pro- ing consignment with notice of consignor's bill ceeds of sale thereof.-Brooks v. Buys, 472. of exchange in favor of drawee is liable as for Dealings between original incorporators and money had and received.-First Nat. Bank v. purchasers held not to prevent trustee in bank- Rogers-Amundson-Flynn Co., 575. ruptcy from recovering payment for stock is- sued.-Id.
Incorporators sued for value of land for which stock issued held entitled to credit for amount paid creditors.-Id.
(E) Actions by or Against Trustee.
279 (Wis.) In suit by trustee to set aside transfer of property by bankrupt, it must ap- pear that assets are insufficient to meet liabili- ties.-Fernhaber v. Cream City Cartage Co.,
III. MODIFICATION, RENEWAL, AND
(A) Instruments Negotiable. 155 (Iowa) Note reciting waiver of de- 304 (Wis.) Evidence of fraudulent intent mand and agreement for extension not negotia- in mortgaging property, and subsequent trans-ble.--Security Sav. Bank v. Capp, 927. actions, held sufficient to go to jury-Fern- v. RIGHTS AND LIABILITIES ON INDORSE- haber v. Cream City Cartage Co., 175.
305 (S.D.) Trustee cannot justify under order of bankruptcy court when valid order could not have been made if relation disclosed. -Bank of Brookings v. Aurora Grain Co., 563.
BANKS AND BANKING.
III. FUNCTIONS AND DEALINGS. (C) Deposits.
145 (Iowa) Holder of certified check must hold in good faith.-Wilson v. Mid-West State Bank, 891.
153 (Iowa) No presumption that keeping of bonds for depositor was gratuitous.-Kubli v. First Nat. Bank, 421.
Gratuitous bailee charged with enforceable obligation for benefit of bailor.-Id.
Bank must exercise ordinary care as to bonds left gratuitous'y for safe-keeping.-Id.
154 (6) (Iowa) Burden on bank to show loss of bonds in its keeping and circumstances relieving it from liability.-Kubli v. First Nat. Bank, 421.
154(7) (Iowa) That bank solicited holding of bonds held admissible in action for value of stolen bonds.-Kubli v. First Nat. Bank, 421.
154 (9) (Iowa) Whether bank exercised reasonable care to preserve bonds left with it held for jury.-Kubli v. First Nat. Bank, 421. (F) Exchange, Money, Securities, and In- vestments.
1881/2 (Wis.) Contract held to obligate ex- press company to transmit money in 10 days. -Slivick v. American Express Co., 185.
III. PROCEEDINGS UNDER BASTARDY
65 (N.D.) Verdict against defendant held supported by evidence.-State v. Fuchs, 752. Date on which child begotten not material ex- cept on question of paternity.-Id.
MENT OR TRANSFER.
(C) Assignment or Sale. 315 (Iowa) Indorsee of nonnegotiable note takes subject to maker's defenses.-Security Sav. Bank v. Capp, 927.
320 (Iowa) Consideration paid by assignee does not prevent defense of counterclaim against payee of nonnegotiable note.-Farmers' Sav. Bank of Remsen v. Van Brunt Automo- bile Co., 839.
Notice to assignee of counterclaim against payee of nonnegotiable note is unnecessary to preserve defense.-Id.
Surrender of negotiable note for nonnego- tiable does not defeat maker's right to coun- terclaim.-Id.
(D) Bona Fide Purchasers.
338 (Neb.) Payee may be "holder in duc course."-Bank of Commerce & Savings v. Ran- dell, 70.
342 (Iowa) Holder takes postdated check not in due course of business and subject to defects.-Wilson v. Mid-West State Bank, 891. 370 (Neb.) Failure of consideration not de- fense against holder in due course.Bank of Commerce & Savings v. Randell, 70.
373 (Neb.) Fraud not defense against hold- er in due course.-Bank of Commerce & Sav- ings v. Randell, 70.
VII. PAYMENT AND DISCHARGE. 430 (Neb.) Execution of new note for ex- isting note not a payment of debt.-Auld v. Walker, 1008. VIII. ACTIONS.
452 (3) (S.D.) Absence or failure of con- sideration constitutes defense.-Independent Harvester Co. v. Anderson, 112.
~497(2) (Iowa) Burden is on holder of note negotiated in breach of faith by payee to prove that he is a holder in due course.-City Nat. Bank of Auburn, Ind., v. Mason, 30.
497 (2) (Iowa) Holder of check held under 26 (Minn.) Mental anguish an element of burden of establishing claim as innocent holder damages.-Bukowski v. Kuznia, 311. by preponderance of evidence.-Wilson v. Mid-27 (Minn.) Defendant's financial condition West State Bank, 891. may be considered.-Bukowski v. Kuznia, 311. 31 (Minn.) $1,100 held not excessive for breach of promise of marriage.—Bukowski v. Kuznia, 311.
497 (5) (Neb.) Indorsee suing on note pro- cured by fraud upon maker must allege and prove himself bona fide holder.-Auld v. Walk- er, 1008.
497 (5) (Neb.) Indorsee suing on note shown to have been fraudulently procured re- quired to prove it took note in good faith with- out notice of defense or infirmity.-Riverton State Bank v. Walker, 1011.
518(1) (N.D.) Verdict for defendant held not supported by evidence.-Merchants' State Bank of Velva v. Streeper, 98.
524 (Iowa) Production of note makes prima facie case.-Security Sav. Bank v. Capp,
525 (Iowa) Holder held to have failed to show a holding in good faith.-Wilson v. Mid- West State Bank, 891.
525 (Neb.) Evidence held insufficient to prove that bank took note in good faith with- out notice of fraud.-Riverton State Bank v. Walker, 1011.
527(1) (Neb.) Evidence held sufficient to support verdict for defendant maker.-Cox v. Kee, 974.
35 (Neb.) Instruction that jury might con- sider defendant's property and financial stand- ing held not erroneous.-Higgins v. Doty, 315. BRIDGES.
II. REGULATION AND USE FOR TRAVEL.
38 (Neb.) Liable under statute for damag- es to person and property from want of re- pairs of highway or bridge.-Higgins v. Gar- field County, 347.
40(2) (Neb.) Liable for maintaining bridge, though mode of travel may have chang- ed.-Higgins v. Garfield County, 347.
42 (Neb.) Notice of defective condition of bridge held not necessary.-Higgins v. Garfield County, 347.
46(6) (Neb.) Evidence held not to show contributory negligence as to damages to a truck from the collapse of a bridge.-Higgins v. Garfield County, 347.
46 (7) (Neb.) Evidence held to sustain 537(4) (Neb.) Questions of fraud in incep- judgment of $275 damages to automobile truck. tion held matter for the jury.-Bank of Com--Higgins v. Garfield County, 347. merce & Savings v. Randell, 70.
537(6) (lowa) Failure to make inquiry be- fore acquiring note may make good faith ques- See Appeal and Error, 760-766. tion for jury.-City Nat. Bank of Auburn, Ind., v. Mason, 30.
Submission to jury of good faith of holder held proper.-Id.
IV. COMPENSATION AND LIEN.
537(6) (lowa) Holder's testimony that he received note without notice insufficient to es- tablish bona fides as matter of law.-Farmers' 43(3) (Neb.) Contract "subscribed" by Nat. Bank of Kingsley v. Pratt, 924. placing signatures at bottom, top, or in body of instrument sufficient.-Dollarhide v. James, 989.
Bona fides in possession of note for corporate stock held for jury.-Id.
537(6) (Neb.) Questions of fraud in in-49(1) (Minn.) What broker must do to ception and knowledge thereof by purchaser earn commission for sale of land stated.- held matters for the jury.-Bank of Commerce Igo v. Brinkman, 297. & Savings v. Randell. 70.
537(6) (Neb.) Whether indorsee took note with notice of fraud held for jury.-Auld v. Walker, 1008.
II. CONSTRUCTION AND OPERATION.
54 (S.D.) Party on whose behalf bond is executed did not become jointly liable by ex- ecuting it.-Palmer v. Baker, 951.
II. EVIDENCE, ASCERTAINMENT, AND
37(4) (Minn.) Official government survey held prima facie evidence that meander line marked actual shore line. In re County Ditch No. 67, Murray County, 711.
No compensation in absence of meeting of minds of parties on terms of sale.-Id.
56 (2) (Wis.) Owner who has given agent nonexclusive right to sell or lease may in good faith sell or lease to one he believes not pro- cured by agent.-Ballard v. Archambault, 622.
Owner in good faith giving option to person not known to have connection with brokers having nonexclusive right to lease land not li-
46 (1) (Wis.) Mere agreement to have sur-able for commission.-Id. vey made not binding agreement to abide there- by.-Pionke v. Washburn, 1012.
63(1) (Minn.) Facts held insufficient to entitle agents to recover a commission where owner declared land deal off and refused to accept purchaser.-Richter v. McGregor, 796.
V. ACTIONS FOR COMPENSATION.
82 (2) (Minn.) Only issue raised by plead- ings in broker's action held defense of pay- ment.-Stannard v. National Land Agency, 792.
86(1) (Iowa) Evidence held sufficient to support finding for broker suing for commis- sion.-Evans v. Corley, 883.
86(4) (Minn.) Evidence held to show bro- ker procured purchaser and earned commission. -Shinners v. Peterson, 239.
86(4) (Minn.) Evidence held not to sustain a finding that broker procured purchaser.- McNally v. Taft, 240.
BREACH OF MARRIAGE PROMISE. 14 (Minn.) Action governed by law applica. ble to tort actions.-Bukowski v. Kuznia, 311. 21 (Neb.) Evidence as to defendant's state- ments of his financial condition admissible.-88(7) (Minn.) Submission of issues as to
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