was used than was necessary to accomplish the re-entry, confers no right of action upon the tenant holding without any right of possession," citing Meader v. Stone, 7 Met. 147; Mufford v. Richardson, 6 Allen 76, 83 Am. Dec. 617; Allen v. Keily, 17 R. I. 731, 24 Atl. 776, 16 L. R. A. 798, 33 Am. St. Rep. 905. After all it would seem, that the right to have heat supplied is either by express provision in rental contracts, or as well understood according to the class and kind of property that is leased or rented, and that at all events the common law sense of eviction is modified by the nature of such contracts. Eviction and constructive eviction differ now from what those formerly were esteemed to be not so much in any really modern view, as what under particular contracts the equivalent of force actually takes place. The rule as to apartments and exclusive control by landlords as to means of heating is but another way of applying the rule as to common stairways for different tenants in one building. These are to be kept reasonably safe for whoever rightly uses the stairways. C. CORRESPONDENCE. ENFORCING THE VOLSTEAD ACT. Editor of Central Law Journal: Did you ever know of counsel for .defense objecting to a verdict of not guilty for his client? I have; and it occurred here before me on the 23rd inst. The defendant was arraigned before me charged with distilling an intoxicating liquor, the still being found in his possession. This is under the act of the legislature of Mississippi, for 1918, a felony, and counsel for defense, Mr. J. W. Wallace, of this city, raised the point that under the Volstead Act the distilling of liquors was no longer an offense against the state, but against the United States, and under § 29 of this Act it was a misdemeanor and punishable with a fine, and that under § 4, Title 1, the state and federal courts had concurrent jurisdiction. My judgment was that the state courts had no longer jurisdiction of criminal matters in regard to the manufacture and sale of intoxicating liquors (citing 5th Ruling Case Law, p 912; and State v. Bardwell per Cooper, C. J. 18, So. 377), and the defendant should be dismissed for want of jurisdiction. The counsel for the defense objected, saying, "I do not want him to be discharged, but I want the Court to enter a verdict of guilty and fine him in an amount you think proper." "Very well," I said, "it is your funeral, and I will fine him $100, but I am still of the opinion that the judgment will be void, although you think I have concurrent jurisdic WEEKLY DIGEST. Weekly Digest of Important Opinions of the State Courts of Last Resort and of the Federal Courts. Copy of Opinion in any case referred to in this digest may be procured by sending 25 cents to us or to the West Pub. Co., St. Paul, Minn. Alabama California. Colorado Connecticut Dist. of Col App. Georgia.. Idaho Illinois Indiana lowa Louisiana.. Maryland ..10, 12, 19, 25, 38, 40, 70, 77, 79, 91 .95 .82 .32, 63 .14, 27, 43, 80 ..5, 39 26 58 Massachusetts. Michigan Missouri Nebraska New York North Carolina. North Dakota. Oregon.... Pennsylvania South Carolina. 28, 81 .18, 24, 55, 67, 71 .17. 47 34, 42, 61, 62, 73, 85, 92 .30, 84 .41, 53, 96 .88 .37, 46, 50 .13, 36, 65 .48, 60, 66, 76, 78 ..11, 29, 94 .2, 6, 22, 35, 93 54 ..51, 52, 56, 59 16, 20, 49, 64, 87 45, 68, 72, 75, 83 .21, 44, 74, 90 .69, 86 .33, 57, 97 .31, 89 1. Attachment-Fraudulent Intent. That defendant has disposed of most of his property for the purpose of paying his debts and used the proceeds for that purpose does not show a fraudulent intent, and is not ground for attachment. Stockgrowers' State Bank of Worland v. Millard, Wyo., 186 Pac. 121. 2. Attorney and Client-Wrongful Discharge. -While a client may terminate the relationship between himself and his attorney, where an attorney is prematurely discharged or is otherwise wrongfully prevented from performing the professional duties for which he was employed without fault on his part, he is entitled to compensation, even though the arrangement was for a contingent fee, provided the contingency has happened.-Dolph v. Speckart, Ore., 186 Pac. 32. 3. Bankruptcy-Estoppel.-In a suit by trustee in bankruptcy to set aside a conveyance made by the bankrupt within four months of filing petitions, the adjudication in bankruptcy is not open to collateral attack, and the grantee cannot defend on the ground that the trustee was wanting in legal capacity to accept the post of trustee or that his grantor was not in fact bankrupt.-Ward v. Central Trust Co. of Illinois, U. S. C. C. A., 261 Fed. 344. - a 4. -Exemption of Machinery. Machinery may not be set aside to bankrupt as tools or apparatus of trade, exempt under Rev. St. Tex. 1911, art. 3785, where run by other power than hand.-Peyton v. Farmers' Nat. Bank of Hillsboro, Tex., U. S. C. C. A., 261 Fed. 326. 5. Insolvency Law.-A statute in order to be such insolvency law as is suspended by the federal Bankruptcy Act, must provide for the discharge of the debtor, so that Comp. St. 1919, § 6781. containing no such provision, is not an insolvency law, and is not suspended by the federal Bankruptcy Act.-Greene v. Rice, Idaho, 186 Pac. 249. 6.- -Unrecorded Mortgage. Under Bank1910 (U. S. Comp. St. 9631) a trustee in bankruptcy Act as amended in 1910 (U. S. Comp. St. 9631) a trustee in bankruptcy, as against the rights of a chattel mortgagee under an unfiled chattel mortgage, stands in the position of an attaching creditor.-First Nat. Bank v. Wegener, Ore.. 186 Pac. 41. 7. Bills and Notes--Indorsement in Blank.The holder of paper indorsed in blank may fill in the indorsement so as to vest himself with the legal title, but not so as to change liability of indorsement.-Dawsey v. Kirven, Ala., 83 So. 338. 8. -Lucid Interval.-Plaintiff suing an insane person on a note had the burden to show that the contract was entered into by him during a lucid interval.-Beasley v. Faust, Tex., 217 S. W. 179. Chattel Mortgages—Unliquidated Debt.— A chattel mortgage may be given to secure an unliquidated debt, but an "uniiquidated debt" in such case is a debt which, while not actually existing when the contract of hypothecation is made, is from the nature of the contract and the whole subject-matter thereof inherently incapable of coming into existence, or a debt the exact amount of which cannot be known at the time the mortgage is given.-Hayashi v. Pacific Fruit Exchange, Cal., 186 Pac. 174. 11. Contracts — Binding Representation. Generally a misrepresentation of law affords no ground of relief, the theory being that all men are supposed to know the law, but it is not universally true that such a misrepresentation is not binding on the party who makes it.-White v. Harrigan, Okla., 186 Pac. 224. 12. Forfeiture.-Forfeitures are not favored by the courts; every intendment and presumption being against person seeking to enforce the forfeiture.-Horton-Howard v. Payton, Cal., 186 Pac. 167. 13. Merger.-Where a contract is written, all previous negotiations of the parties are conclusively presumed to have been merged in the contract.-Patton v. Sinclaire Lumber Co., N. C., 101 S. E. 613. 14. Nudum Pactum.-A plea in an action on a note that defendant received nothing, and that plaintiff parted with nothing, in consideration of the note being signed, seeks not to deny the promise, but to avoid the consequence thereof, because it was a nudum pactum.-Stewart v. Hardin, Ga., 101 S. E. 716. 15. Offer and Acceptance.-Where it is sought to complete a contract by the acceptance of an offer, the acceptance must be in substantial accord with the proposal.-Diamond Mill Co. v. Adams-Childers Co., Tex., 217 S. W. 176. 16. Practical Construction.-It is always permissible to show what the parties did under their contract, as disclosing their construction of its purpose.-Eddleman v. Wofford, Tex., 217 S. W. 221. 17. Waiver.-The acquiescence, by the agents of an owner of land, in the removal of timber by a contractor to clear the land before the contractor's breach by failing to clear all the land and nevertheless removing timber, did not imply any waiver of the owner's right to have the contract fully performed according to its terms.-Maryland Casualty Co. v. East Baltimore Driving Ass'n, Md., 108 Atl. 517. 18. Corporations-Receivership. That corporation is in hands of a receiver does not exempt it from liability for a wrongful act committed by an agent, servant, or employe of the corporation within the scope of his employment. -Cox v. Stone, La., 83 So. 385. surrendered his stock for cancellation.-McCarty v. More, Cal., 186 Pac. 140. 20. Ultra Vires.-Where to avoid an ultra vires act would work a legal wrong, injustice, or loss to another, equity does not look with favor upon and will not accept such defense.Eddleman v. Wofford, Tex., 217 S. W. 221. 21. Copyrights-Illustrative Cuts.-Cuts designed and prepared by persons of skill and artistic capacity of articles of manufacture used to illustrate advertising catalogs, held subject to copyright under Copyright Act-Wireback Campbell, U. S. D. C., 261 Fed. 391. V. 22. Criminal Law-Accomplice. To be an "accomplice," one must be of sufficient intelligence and understanding knowingly to enter into and help carry out a plan for the commission of the crime, and must actually participate and a little girl who is a victim rather than a participant, is not an accomplice of one prosecuted for sodomy.-State v. Bateham, Ore., 186 Pac. 5. 23. Character of Accused.-Where defendant offered character witnesses, it was not improper for the prosecutor to refer to the fact that defendant failed to produce character witnesses from the place where the offense was charged to have been committed.-Pollard v. U. S., U. S. C. C. A., 261 Fed. 336. 24. Confession.-That confession was made while accused was handcuffed and in jail, and without any warning having been given him that whatever he might say would be used against him on his trial, did not render confession inadmissible, where otherwise free and voluntary.-State v. McGuire, La., 83 So. 374. 25. Similar Transaction.-In a prosecution for passing a check drawn on a bank without having funds therein, evidence of similar transactions with other persons is admissible to show intent.-People v. Rosencrantz, Cal., 186 Pac. 209. 26. Suspension of Judgment.-The effective administration of the criminal law requires that one who pleads guilty, or is convicted of a violation of law, shall be promptly and certainly punished, and no court has authority to suspend sentence indefinitely, it being its duty to pronounce judgment at the term at which conviction is had, unless, on motion for new trial, in arrest, or for other cause, the case is continued for further adjudication, and defendant, by recognizance or being held in custody, is still required to answer the charge.-People v. Leinecke, Ill., 125 N. E. 513. 27. View of Premises.-Where there was no claim that the consent of both parties was given after defendant's request that jury be allowed to view premises where alleged disorderly conduct was carried on, or that there was any statute allowing jury to inspect premises, in view of the judge's discretion at common law, the refusal to permit a view was not reversible error.-Massie v. State, Ga., 101 S. E. 703. 28. Death--Burden of Proof.-In an action for a pedestrian's death at a crossing where there were no eyewitnesses, the burden is upon the plaintiff to prove care upon the part of the decedent.-Anderson v. Chicago, R. I. & P. Ry. Co., Ia.. 175 N. W. 583. 29. Deeds-Parol Evidence. - The consideration clause in a deed is conclusive for the purpose of giving effect to the operative words in the deed, but for every other purpose is prima facie evidence only and is open to explanation by parol proof of the amount, kind and receipt of the consideration.-Tayiah v. Bunnell, Okla., 186 Pac. 240. 30. -Renunciation.-One need not accept title attempted to be placed in him by deed of gift, but may renounce it.-Truitt v. City of Battle Creek, Mich., 175 N. W. 578. is a 33. Continuing Ground.-Desertion continuing matrimonial offense, and as a cause for divorce is not complete until the end of the three full years, provided by G. L. 3560, from its inception.-Newlin v. Newlin, Vt., 108 Atl. 516. 34.Jurisdiction.-Rev. Laws, c. 152, § 35, providing that, if an inhabitant of Massachusetts goes into another state or country to obtain a divorce for a cause which occurred while the parties resided in Massachusetts, or for a cause which would not authorize a divorce by its laws, such divorce shall be of no force or effect in Massachusetts, is not violative of any provision of the federal Constitution.-Langewald v. Langewald, Mass., 125 N. E. 566. 35. Welfare of Child.-Although L. O. L 7057, provides that parents have equal rights to the custody of their children, yet, where there is a dispute between divorced parties, the controlling consideration is the child's welfare.Merges v. Merges, Ore., 186 Pac. 36. Electricity-Discrimination. A hydroelectric company, which was a public utility engaged in the sale of electric current, should not be allowed to discriminate between customers.Salisbury & S. Ry. Co. v. Southern Power Co., N. C., 101 S. E. 593. 36. 37. Executors and Administrators-Statute of Limitations.-To set in operation the six months' statute of limitations a claim against an estate must be "exhibited," which means presentation of claim in writing, and a notice of rejection must be served upon the claimant.-Diehl v. Becker, N. Y., 125 N. E. 533, 227 N. Y. 318. 38. Without False Imprisonment - Arrest Warrant. The arrest of a person without warrant, upon suspicion or upon information of others that a misdemeanor has been committed, is wholly unauthorized, and makes the person who accomplishes the arrest guilty of false imprisonment, which is either a high-grade misdemeanor or a felony, depending upon the use or nonuse of violence in affecting the arrest, Pen. Code, §§ 236, 840.-Ex parte Dillon, Cal., 186 Pac. 170. 39. Fixtures-Permanent Accession.-Personal property, in order to lose its character as a chattel and become a fixture, must be annexed to the realty, either actually or constructively, must be appropriated to the use of that part of the realty with which it is connected, and must be intended as a permanent accession to the freehold.-Boise-Payette Lumber Co. v. McCornick, Idaho, 186 Pac. 252. 40. Fraud-Estoppel.-Defendant, who knew of some, if not all, of false representations, and was jointly interested in trade of plaintiff's realty, cannot participate in ill-gotten gains and avoid liability for damages for deceit.-Bahen v. Furley, Cal., 186 Pac. 185. 41. Fraudulent Conveyances-Accepting Benefits. Where a judgment creditor accepts proceeds of a sale of the debtor's land to satisfy its judgment, it cannot thereafter sue the purchaser to set aside the conveyance as in fraud of its rights on an indebtedness existing at time sale was made.-Milan Bank v. Richmond, Mo., 217 S. W. 74. 42.- -Between Parties.-A conveyance in fraud of creditors was good as between the parties.-Dunne v. Cunningham, Mass., 125 N. E. 560. 43.- -Bulk Sales Statute.-Civ. Code, 1910, § 3226 et seq., forbidding sale in bulk of any stock of goods, etc., being in derogation of common law, must be strictly construed.-Martin v. Taylor, Ga., 101 S. E. 690. 44. Garnishment-State Sovereignty. The United States Shipping Board Emergency Fleet Corporation, in so far as it partakes of the character of a sovereign, is exempt from garnishment under the principle that a municipality cannot be subjected to liability growing out of any relation of stakeholder between private litigants. Commonwealth Finance Corporation v. Landis. U. S. D. C., 261 Fed. 440. 45. Gas Franchise Contract.-Where a franchise contract was made between a city and a gas company for a definite term of years, and a maximum rate in form agreed upon, if it be assumed that both parties were expressly empowered so to agree, the company cannot subsequently have the rate changed to meet changing conditions, on the ground that the rate has become confiscatory, in the absence of proof that performance of the contract, taking all the years of the term together, will prove unremunerative.-Knoxville Gas Co. v. City of Knoxville, U. S. C. C. A., 261 Fed. 283. 46. Gifts-Corroboration of Donee.-It is not necessary that the testimony of an alleged donee should, as a matter of law, be corroborated in order to establish a gift from the donor, since deceased. In re Sherman, N. Y., 125 N. E. 546, 227 N. Y. 350. 47. Guaranty-Transfer of Note.-A purchaser of a note before maturity in good faith and for value, without notice of any defect in the title of the seller, may sue guarantors, who indorsed an absolute guaranty on the note; the guaranty passing with the note.-Murphy v. Stubblefield, Md., 108 Atl. 523. 48.-Letter of Credit.-A letter of credit, wherein the maker agrees to pay for all goods ordered and not paid for by another party when due, is a contract of guaranty within Comp. Laws 1913. § 6651.-Aluminum Cooking Utensil Co. v. Rohe, N. D., 175 N. W. 620. 49. Homestead-Abandonment. The permanent appropriation of a part of the homestead tract to an inconsistent use is an abandonment thereof.-Lipscomb v. Adamson Lumber Co., Tex., 217 S. W. 228. 50. Homicide-Co-Conspirator. Where several conspire or unite in committing a robbery and one of the parties kills a third person in affecting the escape, the other cannot be deemed guilty in the first degree as a matter of law, unless the conspiracy extended to and included all acts, including escape; this being a question. for the jury.-People v. Marwig, N. Y., 125 N. E. 535. 51.-Defense of Family.-The father and brother of a girl under 18 years of age had the right to prevent the elopement of such girl, and, if assaulted by a stranger engaged in assisting in the elopement, had the right to protect themselves and to protect each other.-State v. Douglas, S. C., 101 S. E. 648. 52. Defense of Family.-Where deceased and defendant's sister were in the woods on the lands of the deceased for the unlawful purpose of sexual intercourse, defendant not only had the right, but it was his duty, to resort to all reasonable means to prevent his sister and deceased from accomplishing their purpose, though the sister was of mature years, provided he did not commit a breach of the peace, and the mere fact that his protest or conduct was calculated to bring on a difficulty, and did so, did not deprive him of the right of self-defense if in apparent danger of losing his life or suffering serious bodily harm, nor was he bound to retreat.-State v. Burdette, S. C., 101 S. E. 664. 53. Drunkenness.-Drunkenness is no excuse for crime, and malice will be inferred in a prosecution for assault with intent to kill, where a drunk person discharged a revolver a number of times at another.-State v. Lloyd, Mo., 217 S. W. 26. 54. Intent.-Threats made by defendant, although not to the victim of a homicide, were admissible as evidencing defendant's intention to kill somebody, and hence as showing malice.Commonwealth v. Page, Pa., 108 Atl. 527. 55. Self-Defense.-A person is justified in using force in self-defense, where the danger that threatens him appears to him to be real and imminent, even though it should later develop that there was no real or actual danger.-State v. McCrory, La., 83 So. 361. 56. Threats.-If the lives of two men have been threatened each by the other, and one man went where he knew the other was going to be with the intent to do him harm, there would be express malice in his very act of going there. -State v. Jones, S. C., 101 S. E. 647. 57. Husband and Wife-Marital Rights. Marital rights of husband, at common law, in the personal property acquired by wife during coverture, are not inconsistent with theory that es tates by entirety may exist in personalty.George v. Dutton's Estate, Vt., 108 Atl. 515. 58. Insurance Act of God.-Insured's instantaneous death did not constitute an act of God, excusing failure to make proof of death within the agreed time.-Federal Life Ins. Co. v. Barnett, Ind., 125 N. E. 522. 59. Estoppel.-Apart from any untrue or fraudulent answers made by applicant for life policy, after a medical examiner of company has passed applicant, knowing of defects in his body, the company may not thereafter contend that the insured was unsound.-Wingo v. New York Life Ins. Co., S. C., 101 S. E. 653. 60. Repugnancy.-Where a repugnancy exists between different clauses of an insurance policy, the whole should, if possible, be construed so as to conform to an evident, consistent purpose.-Myli v. American Life Ins. Co. of Des Moines, Iowa, N. D., 175. N. W. 631. 61. Landlord and Tenant-Constructive Eviction. Where the lessor of an apartment fails to heat and to supply hot water, there is a constructive eviction of the tenant.-Conroy v. Toomay, Mass., 125 N. E. 568. 62. Covenant Running with Land.-Covenant of renewal of lease runs with the land, but the covenant in a lease for an extended term cannot be split into parts by the conduct of the lessee or those claiming under him.-Lamson v. Coulson, Mass., 125 N. E. 551. 63.-Defect in Sidewalk. The owner of a building is liable to a pedestrian, injured by defect in glass in sidewalk to light vault underneath, though all of basement and first floor are leased to one party.-Security Savings & Commercial Bank v. Sullivan, D. C., 261 Fed. 461. 64. Title of Landlord. A subtenant, like an assignee, is ordinarily precluded from questioning the title of the head landlord.--Rio Bravo Oil Co. v. Sanford, Tex., 217 S. W. 219. 65. Larceny-Condonment. If defendant committed larceny, what he did afterwards was no defense and no condonement in law.-State v. Caylor, N. C., 101 S. E. 627. - 66. Libel and Slander-Unchastity.-In view of Comp. Laws 1913, § 4353, it is not necessary that charge of unchastity should be made in direct terms, but it is sufficient if the words used were such as impute unchastity and were so understood by those who heard them.-Martinson v. Freeberg, N. D., 175 N. W. 618. 67. Limitation of Actions-Premature Suit.A person cannot bring suit until his cause of action has accrued, and until a cause of action has accrued prescription cannot run against it. -South Arkansas Lumber Co. v. Tremont Lumber Co., La., 83 So. 378. Con 68. Master and Servant-Independent tractor.-Under Civ. Code Ga. 1910, § 4415, subsec. 5, an independent contractor and his employes become employes of the owner by interference of the owner with the method or means of doing the work, resulting in injury to an employe of the contractor.-International Agricultural Corporation v. Slappey, U. S. C. C. A. 261 Fed. 279. of 69. Instructions to Servant.-Owners machinery, who employ minors to operate the machinery, must see to it that the minors are properly instructed and cautioned with respect to all the dangers that are necessarily incident to the operation of such machinery.-Groesbeck v. Lake Side Printing Co., Utah, 186 Pac. 103. 70. Malicious Prosecution-Advice of Counsel. Advice of counsel is no defense in an action for malicious prosecution, if the person who pretends that he acted upon it did not believe the accused was guilty.-Murphy v. Davis, Cal., 186 Pac. 143. 71. Mortgages-Enjoining Sale. A prior mortgage creditor has no standing to prevent a sale of the property mortgaged under a junior mortgage.-McDonald v. American Nat. Bank, La.. 83 So. 377. but is subject to action like any private individual for torts thus committed unless immunity it afforded him by special statute.-Warr v. Hodges, Mass., 125 N. E. 557. 74. Patents-Mechanical Equivalents. The doctrine of mechanical equivalents can be invoked in all patents.-Searchlight Horn Co. v. Victor Talking Mach. Co., U. S. D. C., 261 Fed. 395. 75. Prior Public Use.-Proof of prior public use of a patented article or process, to defeat the patent, must be such as to leave no doubt of the prior public use more than two years be fore application for the patent, and in general oral testimony as to date of such prior use should find corroboration in evidence of contemporaneous records, or memoranda, or physical exhibits.-General Insulating Mfg. Co. v. Union Fibre Co., U. S. C. C. A., 261 Fed. 389. 76. Payment-Novation.-A note of a debtor does not operate as an absolute payment of his obligation, so as to afford basis for a claim of novation, under Comp. Laws 1913, § 5830, unless it was intended to so operate.-State v. Royal Indemnity Co., N. D., 175 N. W. 625. 77. Promissory Note.-In the absence of an agreement to that effect or evidence that such was the intention of the parties, the taking of a note for existing liability does not constitute payment of the debt.-Ellison v. Henion, Cal., 186 Pac. 197. 78. Physicians and Surgeons-Implied Promise. In the absence of an express agreement as to amount, the law implies a promise to pay for a physician's services as much as they are reasonably and ordinarily worth.-Huntley v. Geyer, N. D., 175 N. W. 619. 79. Principal and Agent-Incidental Authority.- -Where the general authority of an agent to purchase merchandise exists, the right to make all incidental terms of the purchase must be implied.-Whitaker v. Dunlap-Morgan Co., Cal., 186 Pac. 181. 80. Private Instructions.--Private instructions or limitations not known to persons dealing with a general agent are not binding upon such persons.-Bacon v. Dannenberg Co., Ga., 101 S. E. 699. 81. Railroads Assumption of Liability. When property of a railroad corporation is restored to it with betterments made by a receiver, the company must be deemed to assume the liability of the receiver arising out of negligence of employes, to the extent at least of the betterments caused by the receiver out of the operation of the property.-Anderson v. Chicago, R. I. & P. Ry. Co., Ia., 175 N. W. 583. 82. Election to Sue.-One injured in a collision between two automobiles caused by a defect in a trunk line highway occasioned by a street railway at a crossing, has an election to sue the railway for its failure to perform a governmental duty cast upon it by statute, or for violation of its common-law duty to exercise reasonable care to keep planking in which its tracks were laid in good condition for public travel.-Root v. Connecticut Co., Conn., 108 Atl. 506. 83.Last Clear Chance.-Trainmen who know, or in the exercise of crdinary care ought to know, that a person on a crossing, apparently will not get out of danger, must use all reasonable efforts to slacken speed, or, if possible, to stop, in order to avert an accident.-Vigil v. Atchison, T. & S. F. Ry. Co., U. S. C. C. A., 261 Fed. 313. 84. -Negligence by Lessee.-A railroad company which has leased its property to another is not liable for the negligent acts of lessee.-Peacock v. Detroit, G. H. & M. Ry. Co., Mich., 175 N. W. 580. 85. Release Joint Tortfeasor.-The release of one joint tortfeasor releases all, a rule applying to injury by the combined or concurring negligence of two or more persons acting independently of each other with no concert of action, and where the wrong done was not intentional. also where the person released was not, in fact, responsible for the injury, if claim has been made against him and there is a possible liability.-Cormier v. Worcester Consol. St. Ry. Co., Mass., 125 N. E. 549. courts will reform a contract so as to express what the parties actually agreed on and make it express the terms on which the minds of both parties met.-Cram v. Reynolds, Utah. 186 Pac. 100. 87. use Sales-Implied Warranty. Where the seller knew the purpose for which the buyer desired to the flour mill scales sold, the scales were impliedly warranted to be reasonably fit for or adapted to that purpose.-Detroit Automatic Scale Co. v. G. B. R. Smith Milling Co., Tex.. 217 S. W. 198. 88.-Latent Defects.-A manufacturer of goods, who prepares them to be sold, either through himself or through others, impliedly warrants that the goods sold are free from any latent defect growing out of the process of manufacturing-Plymouth Cordage Co. v. Phelps. Neb., 175 N. W. 603. 89. Tender and Refusal.-Where plaintiff purchased hay upon measurements to be made by it, and such measurements were fairly made, and plaintiff tendered to defendant seller amount due according to said measurements, which was refused and defendant failed to deliver the hay, plaintiff is entitled to recover advance payment.-W. F. Jahn & Co. v. Wright, Wash., 186 Pac. 262. 90. Trade-Marks and Trade-Names-Descriptive Word.-The word "Vogue," used as the name of a magazine, the contents of which relate, not only to fashions, but also to other matters of household interest, is not so descriptive as to preclude its use as a common-law trademark. Vogue Co. v. Brentano's, U. S. D. C., 261 Fed. 420. 91. Injunction.-Where one who so duplicates the product of another, or imitates the name or contents of its wares, or the place or places of sale, as to deceive the public into the notion that it is in fact entering such other person's store or buying such other person's goods, equity will enjoin the further pursuit of such fraudulent purpose and practice-Excelsior Cereal Milling Co. v. Taylor Milling Co., Cal., 186 Pac. 207. 92. Trusts Spendthrift Trust.-Testator, who devised an annuity to his son, could effectually provide further in substitution, by way of spendthrift trust, that if attachment process against the son should be adjudged vand, the annuity should be deemed to have ceased to be payable to the son on commencement of the proceedings, and to have been payable to trustees for application by them, in their uncontrolled discretion, for his benefit.-Morel v. Cornell, Mass., 125 N. E. 575. 93. Validity of Trust.-A. trustee must assume the validity of the trust under which he acts until it is actually impeached, though he may have some suspicion that there may have been fraud or collusion in the appointment or settlement.Boehmer v. Silvestone, Ore., 186 95. Waters and Water Courses-Irrevocable License. A parol license, from a landowner to a ditch company, to construct or extend an irrigation ditch, having been fully executed, is irrevocable.-Webb v. Wild Cat Lateral Ditch Co., Colo., 186 Pac. 287. 96. Surface Drain. At common law, as construed and applied in this state, landowner could by building embankment on his land obstruct surface water drain Adair Drainage Dist. v. Quincy, O. & K. C. R. Co., Mo., 217 S. W. 70. 97. Witnesses-Moral Turpitude.-To affect credibility of witness, his conviction, though not covering a crime involving moral turpitude, may, in the court's discretion, be shown.-Ï ́nderwood v. Cray, Vt., 108 Atl. 513. |