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HUMOR OF THE LAW.
"MASSACHUSETTS TRUSTS” AS BUSINESS
"No, Richard," she replied firmly, “I cannot COMPANIES
accept you. I love you, but I can never be
yours." Editor of the Central Law Journal:
“Why not?” he demanded. My attention was called yesterday for the first
"I am a member of the Consolidated Sweettime to the leading article in the Central Law
hearts' Association, which is allied with the Journal dated October 17, 1919, entitled "The
Lovers' Union, and I am, therefore, pledged to Massachusetts Trusts as a Substitute for Incor
marry none but a union man. You, I under
stand, do not belong to the Lovers' Union."— poration." I wish to state that the term "Massachusetts
1. An Idaho lawyer tells of a case tried in that Trusts” is as inapplicable as that other term
state some years ago, on which occasion the sometimes applied to trust organizations, name judge, an Easterner who desired to display his ly, “Voluntary Associations."
learning, instructed the jury very fully, laying These trust organizations date back for gen
down the law with the utmost authority. But erations wherever the English Common Law
the jurors, after deliberating some hours, found has been in use.
themselves unable to agree. Finally the fore
man asked for additional instructions. Massachusetts can no more claim to be the
"Judge, here's the trouble," said he. "The place of origin of such trusts than New York
jury wants to know if what you told us was or Missouri. Because they may have of late
really the law or only just your notion."become more in use in Massachusetts does not alter this.
One of our readers in Indianapolis thinks I am sending you under another cover a | that facts are sometimes hampering, and says: pamphlet of mine on this subject, and suggest "The politicians who are running around and that in that connection you read the review of talking loosely about what the covenant of the that little brochure of mine which appeared in league of nations provides without specific the American Economic Review for March, 1914, knowledge of what it will contain remind me pages 155 to 158, and which was written by of the advice that Senator Lindsey of Kentucky Francis Lynd Stetson, at one time president of gave to Senator Joe Blackburn at Winchester. the New York Bar Association and understood Mr. Lindsey knew that Mr. Blackburn was of to be the private counsel of the late Mr. J. P. large imagination and during a lull in the court Morgan. Yours very truly,
proceedings of a will case in which they were ALFRED D. CHANDLER. on opposite sides Lindsey said, 'Joe, you ought Boston, Mass.
not to be in the courtroom listening to the evi.
dence in this case,' and when Blackburn in[We have invited Mr. Chandler to discuss the question of the origin, value and limitations of quired “Why? Lindsey said, 'It will spoil your voluntary associations in the nature of trusts
speech to the jury.'"-Exchange. organized for business purposes. Lawyers, we are sure, are anxious to get all the light poszible on this interesting question.--Ed.]
Strolling along the quays of New York har. bor, an Irishman came across the wooden barricade where immigrants suspected of suffering
from contagious diseases are isolated. BOOKS RECEIVED
“Phwat's this boarding for?" he inquired of
a bystander. "British Labor Conditions and Legislation
"Oh," was the reply, “that's to keep out fever During the War," by M. B. Hammond, Profes
! and things like that, you know.” sor of Economics, Ohio State University and
"Indade," said Pat. "Oi've often heard of the Representative of U. S. Food Administration on
Board of Health, but be jabbers, its the first the War Labor Policies Board. Part of a Series
time Oi've seen it.”-Tit-Bits. of Preliminary Economic Studies of the War, edited by David Kniley, Professor of Political
"Yes, I was fined $200 for putting coloring Economy, University of Illinois, under the
matter in artificial butter.” auspices of the Carnegie Endowment for Inter
"Well, did you deserve it?" national Peace. Published by the Oxford Uni.
"Perhaps. But what made me mad was that versity Press, American Branch, 35 West
the magistrate who imposed the fine had dyed Thirty-second street, New York.
conveyed by the debtor to the judgment in the action at law, held to create an equitable lien on such property under the laws of the state enforceable as against general creditors in bank
ruptcy, where followed by a judgment at law.Weekly Digest of Important Opinions of the
In re Pemberton, U. S. D. C., 260 Fed. 521.
6. Bastards—Civil Action.-Bastardy prose
cutions are "civil actions, and a preponderance Copy of Opinion in any case referred to in this digest
of the evidence is sufficient to establish the may be procured by sending 25 cents to us or to the West Pub. Co., St. Paul, Minn.
affirmative of any issue.-Kintz v. State, Ind., 124 N. E. 739.
7. Bills and Notes-Corporate Seal. – That Alabama.......
seal of defendant corporation was not affixed to ...13, 69, 80
notes is conclusive evidence of a want of authorCalifornia.............. .................7, 36, 38, 73, 83, 87
ity for the execution of the notes, nor a circumDelaware...
........... 47, 75, 84
stance sufficient to create a suspicion that the Georgia.........4, 10, 25, 26, 28, 33, 35, 50, 58, 64, 81 Illinois
notes were not wanting in consideration, or that .................42
their consideration had failed at the time of Indiana....
..................6, 14, 16
their transfer to plaintiff.—Commercial Security Iowa........8, 17, 24, 29, 32, 43, 44, 51, 52, 56, 61, 71,
Co. v. Modesto Drug Co., Cal., 184 Pac. 964. 77, 86
..........70, 78 Kansas ...--
Holder in Due Course. A contract be
tween maker and payee of a note which gives Kentucky.... ......................27, 39, 41, 74, 82
the maker a right of offset to the note is not Louisiana .
available to the maker as against a holder in Minnesota....
.19, 40, 55
due course.-Commercial Nat. Bank of Charles
City v. May, Ia., 174 N. W. 646. Missouri
Notice to Holder.-The purchaser of a New York
past-due note is charged with notice of any deNorth Carolina.
fense which the maker has, but is not charged ..................31, 65, 79
with notice of the secret equities of third perNorth Dakota......
...................18, 63, 66 Oklahoma ....
.......................62, 76 |
sons.-Etheridge v. Campbell, Tex., 215 S. W. 441. Oregon
10.-- Promise to Accept.—The holder cannot South Carolina .............
49 sue the drawee on a promise to accept an existSouth Dakota............
...........22, 67 ing bill, where the promise was made to drawer Texas.. ......................3, 9, 12, 45, 46, 48, 53, 57, 59 after bill had passed to holder, and where money U. 8. C. C. App...............
sued for was paid or advanced by holder before United States D.
such promise, and not upon the faith of the Virginia..........................................................1, 15, 30 promise. -Pynetree Paper Co. v. Wilkinson West Virginia................ ...................2, 37, 54 County Bank, Ga., 100 S. E. 753. Wisconsin .......
72 11. Bonds—Consideration. - Courts should
look at an undertaking and the recitals therein, 1. Adverse Possession-Color of Title.-It is
and the legal proceedings out of which it grew, immaterial that the title paper relied upon as
in order to determine its real consideration and color of title is defective, or even void as pass
conditions.-Grafton v. U. S. Fidelity & Guaranty ing title, but the paper to constitute color of
Co., N. Y., 124 N. E. 742, 227 N. Y. 162. title must designate the land with certainty; the principal office of color of title being to define 12. Brokers-Exclusive Agency.—The general boundaries.-Blacksburg Mining & Mfg. Co. v. rule is that one employing an agent to sell land Bell, Va., 100 S. E. 806.
for a commission on the sales may make sales 2. Assignments—Assigns. — The word "as
himself or through other agents without liability
to th efirst agent for commission on them; even signs" generally comprehends all those who take
where the agency is exclusive, the owner himeither immediately or remotely from or under
self may sell without becoming liable for comthe assignor, whether by conveyance, devise,
mission.-Alley v. Griffin, Tex., 215 S. W. 479. descent, or act of law.-Ferrell v. Deverick, W. Va., 100 S. E. 850.
13. Carriers of Passengers — Assault.-The
liability of a railroad company for assault and 3. Bailment-Implied Agreement.-In the ab
battery upon plaintiff passenger by its consence of an express agreement by the bailee to ductor, in an action in trespass vi et armis, does return the bailed property to the bailor, the law not lie in any legal fiction of "direct, intentional
causation," as that the conductor was the alter implies such an agreement.-Loya v. Bowen,
ego of the defendant, but upon defendant's Tex., 215 S. W. 474.
negligent failure to safely carry and protect 4. Bankruptcy-Discharge. — A discharge in
intiff, which does not avoid the principle that
a complaint charging direct authorization by the bankruptcy does not release a bankrupt from
corporation is not supported by proof of an liability for obtaining property by false pre unauthorized act by an agent for which the cor
poration is liable on principle only of "respontenses or false representations.-Brooks v. Pitts,
deat superior."-Ex parte Louisville & N. R. Co., Ga., 100 S. E. 776.
Ala., 83 So. 52. 5.- Lis Pendens.-A creditors' bill and lis
14.- Res Ipsa Loquitur.-The doctrine of res pendens filed more than four months prior to ipsa loquitur, which may be invoked by a pasbankruptcy of the debtor and at the time of
senger injured in a railroad accident, does not
depend upon the rule asserted in some jurisdiccommencement of an action at law, as authorized
tions that a carrier or passenger is bound to by Gen. St. Fla. 1906, § 1961, to subject property exercise the highest degree of care practicable,
but is equally available, under the rule declared defendant had pleaded guilty in the United in Indiana that there are no degrees of care, but | States
States District Court for violating the internal that ordinary care only, which is that care com revenue laws was not good as a plea of former mensurate with the dangers involved and the jeopardy; the crimes being distinct and the jurcircumstances, must be exercised by a car
isdictions being different.---Tharpe v. State, Ga., passengers.--Union Traction Co. of Indiana v. 100 S. E. 754. Berry, Ind., 124 N. E, 737.
27.- Res Gestae.-Evidence of a separate and 15. Chattel Mortgages-Notice of Bill of Sale. distinct offense from the one for which defend.
Mortgagee in a chattel mortgage given to ant is being tried may be introduced as constisecure prior indebtedness, even though consid tuting a part of the res gestae, where its comered a deed of trust, acquired no lien where he mission is so closely connected with the one had prior notice that grantor had previously! being tried as to be unseparable from it.-Hickexecuted a bill of sale to another.-Henry's Ex'x ey v. Commonwealth, Ky., 215 S. W. 431. V. Payne, Va., 100 S. E. 845.
28.---Venue.- Where the president of a bank, 16.- Retention of Title. An instrument by reason of his official position with it, emwhereby title is retained to property sold, and bezzles its funds by drawing them by checks title to other property as additional security is issued in another county, the venue of the conveyed, is not a mortgage, but a conveyance crime is properly laid in the county in which the carrying title for the security for debt.Arnold bank is situated.- Weathers v. State, Ga., 100 S. V. Booth, Ga., 100 S. E. 779.
E. 768. 17. Contracts--Stifling Competition. - If a 29. Deeds-Want of Consideration. Since proposed joint adventure involved a secret defendants had burden of proving that obtainagreement of members of trade organization to ing of deed was a fair transaction upon fair and stifle competition while carrying before the pub adequate consideration, it does not help them lic an appearance of competition, equity would that plaintiff failed to show a want of consideraturn away its ear in any proceeding by part of tion.--Nolan v. Guggerty, Ia., 174 N. W. 706. the members thereof against the other party for
30. Damages-Poverty of Plaintiff. In an profits earned.-Goff & Heger v. Walker, Ia.,
action for personal injuries received by a plain 174 N. W. 661.
till hurt when the electric car on which she was 18. Corporation-Bonus Stock.-Stock issues riding collided with a motor truck, testimony as bonus stock in violation of Const., $ 138, as to poverty of plaintiff is not admissible for
ibiting corporations from issuing stocks or any purpose and cannot be received even to bonds except for money, labor or property re
show her mental suffering due to her alleged ceived, is void.-Lavell v. Bullock, N. D., 174 N. physical inability to make a living and her lack W. 764.
of funds.-Washington-Virginia Ry. Co. 19.- Estoppel. - Plaintiffs, suing to cancel
Deahl, Va., 100 S. E. 840. stock of defendant company, issued to an indi
31. Descent and Distribution-Half Blood vidual defendant, and to enjoin him from dis l'nder statute of distribution, claimants of the posing of or voting it, who obtained their stock half blood are entitled to share equally with by subsequent purchase from two of directors claimants of the whole blood in the distribution who attended a directors' meeting authorizing of personal property.-In re Skinner's Estate, N. issuance of the stock and who voted for reso C., 100 S. E. 882. lution authorizing issuance, are in no position to
32. Divorce--Cruel Treatment.--False accusaassert that such meeting was illegal.--Berman
tions of infidelity of a wife are acts of cruel y. Minneapolis Photo Engraving Co., Minn., 174
and inhuman treatment.-Anderson V. Anderson. N. W. 735..
Ia., 174 N. W. 665. 20,- Fraud in Organizing. -- Where there 33.- Jurisdiction. - Where both defendant was fraud and misrepresentation in an agree and his wife were residents of Georgia when he ment providing for the forming of a corporation,
instituted his divorce proceeding against her in the fact that the corporation was organized and a circuit court of Alabama, and where service executed its notes in accordance with the agree
was had only by constructive service of publiment will not prevent a court from adjudicating
cation in Alabama, the divorce was a nullity rights as between the parties themselves, inde
and no defense to defendant in his prosecution dependently of the corporation. Goodspeed v.
for bigamy based on his subsequent marriage to Law, U. S. C. C. A., 260 Fed. 497.
another woman.-Goolsby v. State, Ga., 100 S. E. 21.-_ Liability of Agent. - A corporation 788. whose agent, in the discharge of duties intrusted
34. Easements-Inconsistency. The conveyto him by it, and within the apparent scope of ance of an easement in land does not pass the his authority, does not act, whereby another title or interfere with the right of the owner of suffers injury, is liable for the damages, though
the soil to occupy it for any purpose not inconits agent may have failed in his duty to it or
sistent with the easement.-Gamma Alpha Bldg disobeyed instructions.-Kirk V. Montana Trans
Ass'n v. City of Eugene, Ore., 184 Pac. 973. fer Co., Mont., 184 Pac. 987.
35. Electricity Ordinary Care. Where one 22.---- Stock.-Corporate stock of a domestic
experienced in his business has choice of doing corporation is "personal property."--Le Roy
certain work by a safe or a dangerous way, he Sargent & Co. v. McHarg. S. D., 174 N. W. 742. -Wrongful Diversion.Where those in
must select the former, and if he voluntarily
selects the latter when he knows, or in exercise management of a corporation misapply cor
of due care should know, of the danger. he is porate assets and divert them into their own
guilty of lack of ordinary care.-Columbus private use, a minority stockholder may maintain an action to compel restoration, to restrain
Power Co. y. Puckett, Ga., 100 S. E. 800. such misconduct in future, and as an incident to
36. Equity--Jurisdiction.- Where equity has such relief, in a proper case, may procure ap
acquired jurisdiction for one purpose, it will reointment of a receiver.-Tasler v. Peerless Tire tain that jurisdiction to the final adjustment of Co., Minn., 174 N. W. 731.
all differences between the parties arising from 24. Criminal Law-Corroboration. It is not the cause of action presented.-Barber v. Superinecessary that accomplice be corroborated in or Court of California in and for San Diego every material fact, the rule being that, if jury County, Cal., 184 Pac. 952. are satisfied that accomplice speaks the truth in 37.- Laches. Whether laches does or does some material part of his testimony in which not operate to defeat enforcement of a right they see him confirmed by other credible evi asserted is not always to be determined merely dence, they may believe that he speaks the truth
by a consideration of the time that has elapsed in other parts in which there may be no cor since the accrual of the right to sue.-Browning roboration.-State v. Seitz, Ia., 174 N. W. 694.
V. Browning, W. Va., 100 S. E. 860. 25.- Corroboration of Accomplice.-The rule 38.- Laches.---Laches, unlike the statute of that in a criminal case defendant cannot be limitations, is not a mere matter of time, but legally convicted upon the uncorroborated tes involves or implies some other circumstances timony of an accomplice does not apply in mis rendering inequitable the enforcement of a demeanors.-Kelley v. State, Ga., 100 S. E. 772. claim, such as change of relations of the parties
26. Former Jeopardy.-In a prosecution for or condition of the property.-Pratt v. Pratt, illegally making alcoholic liquors, a plea that I Cal., 184 Pac. 956.
39. Estoppel-Remaindermen, - Remaindermen were not estopped to deny that third person. who made improvements on the land under a contract by which the life tenant agreed to give him the land if he would take care of her during the rest of her life, had any rights to land or lien for improvements although they remained passive when they had knowledge that the improvements were being made, but did not know of the agreements between the life tenant and the third person.---Smith v. Richey, Ky., 215 S. W. 429.
40. Exchange of Property--Election. party, defrauded in an exchange of property, notwithstanding his offer to rescind, still has his election to sue in equity for rescission or at law for damages.--Bauer v. O'brien Land Co., Minn., 174 N. W. 736.
41. Executors and AdministratorsPower to Sell-Where a will confers on the executor power to sell lands devised, his power to convey by proper deed to the purchaser results by implication.-Buckner v. Buckner, Ky., 215 S. W. 420.
42. Execution-Redemption from Sale.--Redemption from the sale of property under decree or execution or judgment, by judgment creditor, is a matter provided for by statute, is a proceeding at law and not in equity, and statutes must be complied with.-Garden City Sand Co. v. Christley, Ill., 124 N. E. 729.
43. Exemptions-Tools of Trade. A retired farmer, who occasionally made business trips with his automobile, and performed some small gatuitous service for others and used it in going to the market for merchandise required for the family, was not a "teamster or other laborer," within Code. $ 4008, and the automobile was not exempt property, which his widow was entitled to. In re McClellan's Estate, Ia., 174 N. W. 691.
44. Fraud-Reliance on Misrepresentation.To entitle the buyer of land to defend an action on a note given for the price on the ground of fraud and misrepresentations, there must have been reliance by him on a material misrepresentation.-Bean v. Bickley, Ia., 174 N. W. 675.
45. Frauds, Statute of-Original Undertaking. -Where goods are furnished to one person on the credit and request of another, it is an origir al undertaking on the part of the person making the request, not within the scope of the statute of frauds.-Bejil v. Blumberg, Tex., 215 S. W. 471.
46.- Performance Within Year.--An agreement by a surety company executing bonds to pay its agent procuring the business a specified commission annually while the bonds were in force was without the statute of frauds as one performable by one of the parties within one year, being already performed by the agent.
tional Surety Co, V. Murphy, Tex., 215 S. W. 465.
47. Gaming-Gambling Table. --The display or maintenance of a gambling table by one having authority over it, and the invitation or permission of the one having control over it to use the table for gambling purposes, constitutes a keeping or exhibiting, within the meaning of Kev. Code 1915. § 3568.-State V. Titleman, Del., 108 Atl. 92.
48. Guaranty-Strict Construction. The guarantor is entitled to a strict construction of his contract, and can stand upon its very terms. -Acme Brick Co. v. West, Tex., 215 S. W. 476.
49. Habeas Corpus-Custody of Child.—While the legal and moral claims of claimants to custody of a child may not be ignored in disposing of such custody, the paramount consideration of the court is the welfare of the child, and as a general rule it should be placed where its best interests will be subserved.--Gill y. Walker, S. C., 100 S. E. 894.
50. Homicide-Intent.-Where a man kills another by the use of means appropriate to that end, he is presumed to have intended that end. --Kinsey v. State, Ga., 100 S. E. 770.
51,- Specific Intent--Where defendant intended to shoot one person, but in fact shot and
killed such person's wife, then present, the killing was with malice aforethought and specific intent, and support conviction of murder.-State v. Huston, Ia., 174 N. W. 641.
52. Improvements-Personal Judgment. The naked fact that a stranger to the title of land feels an interest in seeing the property sell well, having Owned it previously, and makes no objection, though he knows improvements are being placed upon the property, will not sustain either personal judgment against him nor any lien against the property in favor of the improver.--Mahnke v. Marken Acres Co., Ia., 174 N. W. 669.
53. Insurance_Burden of Proof. In an action on a fire policy, the burden is upon plaintiff to show that his cause of action does not fall within excepting clauses in the policy.Northwestern Nat. Ins. Co. v. Westmoreland, Tex., 215 S. W. 471.
54.- Murder by Beneficiary.Where bene. ficiary in life insurance policy murders insured, and hence cannot recover on grounds of public policy, insurer's liability to pay the fund is not thereby extinguished, and ordinarily a recovery will be allowed in name of insured's personal representative for benefit of his estate. -Johnston V. Metropolitan Life Ins. Co., W. Va., 100 S. E. 865.
55.- Reformation of Policy. Where plaintiff's husband. negotiating with insurer's agent for fire insurance policy on plaintiff's property, informed agent that property belonged to her, and that title was in her name, and court found that husband and agent mutually intended that she be named in policy as assured, and that through inadvertence of insurer the husband's name was inserted as owner, without knowledge of himself or wife, trial properly awarded a reformation substituting her name in policy as the person insured.-Sundin V. County Fire Insurance Co. of Philadelphia, Minn., 174 N. W. 729.
56.-- Relinquishment of Right.-A "waiver" is the intentional relinquishment of a known right, or such conduct as warrants an inference of such relinquishment, and, where conduct of association is relied upon to constitute a waiver of prompt payment of dues and assessments for reinstatement, it must appear that insured was induced by the association to do or omit some act which he would not otherwise have done or omitted. --Fahey v. Ancient Order of United Workmen, Ia., 174 N. W. 650.
57. Landlord and Tenant--Contingent Limitation.--A provision in a lease, “Should the parties of the first part (the lessors) make a sale of land herein leased, then, and in that event this lease will immediately become void." operated as a contingent limitation of the lease term, and when the contingency happened, all rights under the contract, including the right of occupancy, terminated.- Johnson v. Phelps, Texl, 215 S. W. 446.
58.- Crops.—A bona fide purchaser. without notice of a crop grown on rented premises, will be protected against the lien, general or special, of the landlord for rent.--Collins v. Harrison, Ga., 100 S. E. 794.
59.- Hostile Possession.-In order that entry on land by lessor amount to a resumption of possession, it must be inconsistent and hostile to the right of possession of the tenant.-Goodman V. Republic Inv. Co., Tex., 215 S, W. 466.
60.- Lease.-The lease of a residence contemplates the housing therein of the lessee's family, the entertainment of his guests, and the entry therein of all persons whose relations with the occupants, whether of business or otherwise, requires, or reasonably calls, for such entry.-Ciaccio V. Carbajal, La., 83 So. 73.
61.- Repairs.--Alessee, in the absence of express agreement, is not bound to make substantial and lasting repairs or improvements.Des Moines Steel Co. v. Hawkeye Amusement Co., Ia., 174 N. W. 703.
62. Libel and Slander- Libel per se-It is libelous per se to write of or concerning a white person that said person is colored. Collins V. Oklahoma State Hospital, Okla., 184 Pac. 946.
63.- Protection Against.–Subject to qualifications and restrictions provided by law, every person has a right to protection from defamation by libel or slander, and any person who abuses the freedom of speech and liberty of the press by maliciously publishing libelous matter is liable for the injury occasioned thereby.Englund v. Townley, N. D., 174 N. W. 755.
64. Malicious Prosecution - Termination of Prosecution.-In order to recover for malicious use of legal process, malice, want of probable cause, and a termination of the proceedings in favor of defendant are necessary before suit may be brought.--Marshall v. Armour Fertilizer Works, Ga., 100 S. E. 766.
65. Master and Servant-Guards to Machinery-An uncovered cogwheel is a danger, and it is negligence to leave it uncovered, even temporarily, without notice to operatives passing it on their way from work.—Gordon v. Stehli Silks Corporation, N. C., 100 S. E. 884.
66. Mechanics' Lien-Description of Property. -Any description in a mechanic's lien statement which will enable a party familiar with the locality to identify the property with reasonable certainty is sufficient as between the parties.MacPherson v. Crum, N. D., 174 N. W. 751.
67. Mortgages-Statutory Sale. - Statutory sales under powers of sale are in derogation of the common law, and statutes authorizing the same should be strictly construed.--Gillette v. Abrahams, S. D., 174 N. W. 745.
68. Negligence Burden of Proof.---Where the injury may, with equal or greater probability, result from a different cause, for which defendant is not liable, the verdict cannot stand.Kerr v. Bush, Mo., 215 S. W. 393.
69. Partnership-Dissolution. - Where complainant alleging a partnership made an assignment for benefit of creditors and subsequently was adjudicated a bankrupt, any partnership that may have existed was thereby dissolved.Orman v. Wilson, Ala., 83 So. 57.
70.- Sharing Profits. One of the important tests in determining the existence of a partnership is the sharing of profits and losses, though such test is not conclusive, as there may be a sharing of profits with an agent or servant as partial compensation for services, which relationship will not constitute a partnership. Moore v. Thompson, Kan., 184 Pac. 980.
71. Railroads-Contributory Negligence. — A passenger on a motorcycle approaching a railroad crossing is guilty of contributory negligence, where he does not keep a proper lookout and does not caution the driver.-Sackett v. Chicago, Great Western R. Co., Ia., 174 N. W. 658.
72,- Grade Crossing. The state may require the separation of grade crossings as a matter of police regulation, and place the burden on the railroad or the municipality or apportion it as it sees fit.-Application of Kaiser, Wis., 174 N. W. 714.
76. Sales-Caveat Emptor. — The rule of caveat emptor does not apply, where the sellen fraudulently conceals a latent defect affecting the value of the property for the purpose for which it is bought.-Hays v. Azbill, Okla., 184 Pac. 945.
77.- Express Warranty.-No particular form of words are necessary to constitute an express warranty.-Riser v. Cox, Ia., 174 N. W. 701.
78.- Implied Warranty. - Where written terms of a dealer's contract and order expressly warranted a machine sold thereunder to do good work when properly set up and adjusted, no issue could be raised by buyer on an alleged implied warranty as to its fitness for the use for which it was intended. -Advance-Rumley Thresher Co. v. Nelson, Kan., 184 Pac. 982.
79.- Nominal Damages.-In buyer's action for seller's refusal to deliver, where there was evidence to establish a sales contract and a breach thereof by seller, buyer was entitled to recover at least nominal damages.--Morrison & Hild v. Marks, N. C., 100 S. E. 890.
80. Specific Performance - Forfeiture. Where a land sale contract of its own terms and force worked a forfeiture of the same on default in the payment of notes without affirmative action on the part of the vendor, such forfeiture could be waived. and the burden of showing waiver rested upon the complainant purchaser suing for specific performance.—Davis y. Fol. mar, Ala., 83 So. 60.
81. SubscriptionsCharitable Purpose.-Generally, a promise to donate money to a charitable purpose is gratuitous and unenforceable unless some consideration therefor exists.-Miller v. Oglethorpe University, Ga., 100 S. E. 784.
82. Vendor and Purchaser -- Possession as Notice-Possession is such a fact, though dehors the record, as presses its attention upon a purchaser or mortgagee of the record title holder, so as to imply notice or necessitate an inquiry that would lead to knowledge of the character of such possession and any equities in the possessor, except where possessor is grantorWyatt v. Touvelle, Ky., 215 S. W. 418.
83.- Quieting Title.-In an action to quiet title, where defense was that defendant was entitled to possession under contract of sale, the burden was on the plaintiff, having conceded a waiver of the right of forfeiture of the contract for delay in payments, to show a revival of the terms of the contract by proof of a definite and specific notice of an intention to enforce it.--Bayside Land Co. v. Phillips, Cal.. 184 Pac. 951.
84. Wills-Attestation.-A will signed by testator in the presence of the witnesses, who attested it in his presence and in the presence of each other, held sufficiently published, where the witness who wrote it read it to testator and then called in the other witness, wh enough to know that it was testator's will. In re Salmons' Will, Del., 108 Atl. 93.
85.- Direction Applied for.- Where the parties were justified in applying to the court for instructions as to the construction of a will, reasonable expense of the litigation, including counsel fees, should be charged against the estate.-Reed v. Creamer, Me., 108 Atl. 82.
86.- Heirs.-The word "heirs" in a will primarily is used in its legal or technical sense and, unless the context shows a contrary intent. must be so construed.-Johnson V. Coler, Ia., 174 N. W. 654.
87.- Olographic Will. - Where an olographic will was admitted to probate with a separate residuary clause as part of it, on subsequent contest the burden rested on contestants to show the residuary clause objected to was not a valid testamentary disposition by testator because not dated; the original order of probate creating a prima facie presumption that the will, residuary clause and all, was a single instrument covered by the single date.-In re Hartley's Estate, Cal. 184 Pac. 950.
73.- Last Clear Chance.- Where one was thrown onto a railroad track by an automobile at a crossing, and the engineer, if he had exercised due care, could have seen him in time to have stopped the train, but failed to do so, the railroad was liable for running over him.Ching Wing v. Southern Pac. Co., Cal., 184 Pac. 949.
74. Receivers-Appointing Counsel.--Though a receiver usually secures his own counsel, he cannot make any contract of hiring or agreement for compensation that is binding on the court, whose function it is to determine both the necessity for counsel and the compensation to be allowed them.-Marble v. Husbands, Ky., 215 S. W. 435.
75. Receiving Stolen Goods-Recent Possession.-Mere possession of stolen goods, standing alone, does not establish knowledge or guilt; but it is a circumstance to be considered in connection with the whole case.State . Malvarosa, Del., 108 Atl. 95.