Exemption - partnership.] A partner is entitled to an exemption from
execution out of partnership property, before severance. Blanchard v.
Paschal (Ga.), 474.
EXECUTOR AND ADMINISTRATOR.
1. Commissions on his own dept.] An executor is not entitled to commis-
sions on a debt due to his testator and specifically bequeathed to him.
Handy v. Collins (Md.), 725.
2. Illiteracy and poverty.] Illiteracy and poverty do not disqualify a widow
for administering on her husband's estate. Bowersox's Appeal (Penn.), 387.
3. Right to fees as attorney.] An administrator ad litem, who is also an at-
torney, and as such renders services to the estate, is entitled, not to the
usual professional charges, but to a fair and reasonable allowance there-
for. Clark v. Knox (Ala.), 93.
4. Who creditor entitled to letters.] One who has paid the funeral expenses
of an intestate is entitled to letters of administration in the absence of
relatives or other creditors. Lentz v. Pilert (Md.). 732.
See CARRIER, 687; EXECUTION, 474.
EX POST FACTO.
See CONSTITUTIONAL LAW, 581.
Effect on easement.] See MORTGAGE, 260.
1. Constructive fraud - deed from parent to child.] Aldeed from a father to
one daughter to the exclusion of another is not constructively void. Wes-
sell v. Rathjohn (N. C.), 696.
2. Constructive notice.] In an action against a sheriff for an unlawful levy,
the defendant justifying under executions against the plaintiff's vendor,
and claiming that the sale was fraudulent as against the vendor's creditors,
held, that the plaintiff was not chargeable with constructive knowledge of
the fraudulent intent. Parker v. Conner (N. Y.), 178.
8. Fraudulent grant between parties.] One who executes a deed to defraud
creditors is estopped as to his grantee. Peterson v. Brown (Nev.), 437.
4. Representations as to constituency of board of directors.] The maker of
an insurance premium note may defend against the company by showing
that he was induced to make the note by the representations of the
plaintiff's agent that certain persons named and known to the defendant
were to constitute the board of direction, and that these representations
were false and fraudulent. Penn Mutual Life Insurance Company v.
Crane (Mass.), 282.
Oral guaranty of note for guarantor's debt.] An oral guaranty of payment of
a note of a third person, transferred to pay the guarantor's own debt, is
within the statute of frauds. Doro v Swett (Mass.), 310.
Bee CONTRACT, 741; MARRIAGE, 75.
Delivery father to daughter.] A father bought a piano for his minor
daughter, and two months afterward, on her attaining majority, presented
it to her formally and publicly at a birthday party which he made for her.
The daughter used it as her own and the family treated it as hers at home
for several years, and until her marriage. After that she lived some-
times at her father's house and sometimes away, but allowed the piano
to remain in his house as she had no place to keep it. Held a valid gift
as against her father's creditors attaching it by his consent but without
her knowledge. Ross v. Draper (Vt.), 624.
1. Construction] Defendant, of New York city, addressed a letter to B.
Brothers, of Evansville. Indiana as follows. "Any drafts you may
draw on Mr. A. Feigelstock of our city we guarantee to be paid at
maturity." This guaranty was without consideration between any of the
parties. The plaintiff, an Indiana bank, discounted drafts drawn by B.
Brothers on Feigelstock, on the sole security of the letter One of the
drafts appeared to be accommodation paper. Held, that the bank
acquired no right of action on the guaranty for the non payment of the
drafts. Evansville National Bank v. Kaufmann (N. Y.), 204.
2. Continuing. To request to "let A. have credit for goods to the amount
of $100, for the payment of which I hold myself responsible,” is a con-
tinuing guaranty. Tootle v. Elgutter (Neb.), 103.
8. Pursuit of principal.] Where the principal debtor is an insolvent corpora-
tion, the creditor is not bound to enforce the individual liability of its
stockholders before resorting to his guarantor. National Loan and Build-
ing Society v. Lichtenwalner (Penn.), 359.
See STATUTE OF FRAUDS, 310.
Settlement-emancipation.] It is competent for a girl, upon her marriage st
fifteen, to give her step-father, who has supported her, part of her estate,
without her guardian's influence or collusion, and for the guardian, hold.
ing her entire estate, to receive that part in payment of a well secured
debt which he has against the step-father. Bickerstaff' v. Marlin (Miss.),
418.
contributory negligence.] A town may be liable for
an injury sustained by a traveller on a highway by driving off a steep
and unguarded embankment, six inches outside the highway, in the dark,
the highway being wrought up to that point. Drew v. Town of Sutton
(Vt.), 644.
Declaration - estimate of value.] A homestead declaration is not made void
by the claimant's statement of the value of the homestead at a sum
greater than that which the statute fixes as the limit of claim of exemp-
tion. Ham v. Santa Rosa Bank (Cal.), 654.
Of witness.] See EVIDENCE, 583.
Injury to infant trespasser.] Defendant owned an abandoned and unin-
closed brick yard, with an open and unguarded but plainly visible well
in it, about eighty feet from the nearest highway. The public were
accustomed to cross the yard, but the paths were somewhat distant from
the well. The nearest dwelling-house was three hundred yards distant.
The lot was a common place of resort for children and adults.
A boy
eight years old was found drowned in the well, having evidently been
fishing in it by daylight. Held, that no action would lie. Gillespie v. Mo
Gowen (Penn), 365.
See PARENT AND CHILD, 789.
Municipal authorities threatening to take land for street.] That the public
authorities are proposing to extend a street over the complainant's wharf
is no ground for an injunction. Ballantine v. Town of Harrison (N. J.),
667.
When relation of guest ceases.] A guest at an inn paid his bill and had his
name stricken from the register, in the morning, purposely to relieve
himself of his liability as guest during a short absence, intending to re-
turn at night. He left his valise in his room with a friend, and during his
absence it was stolen. Held, that the innkeeper was not liable
▼. Peoples (Miss.), 423.
Bee CRIMINAL LAW, 397, 651.
Discharge-debt contracted before passage of act.] A debt contracted
before the passage of an insolvency law cannot be discharged thereunder,
the creditor not becoming a party to the proceedings, although merged in
a judgment rendered after the discharge. Conway v. Seamons (Vt.), 579.
1. Accident-contributory negligence.] A policy of insurance against ac-
cident provided that there should be no recovery for death or injury in
consequence of exposure to obvious or unnecessary danger, and that the
insured should use all diligence for personal safety and protection. The
insured was killed by a railway train while he was running on the track
in front of it, in the night, to get on a train approaching in the other
direction on a parallel track. Held, that there could be no recovery.
Tuttle v. Travellers' Insurance Co. (Mass.), 816.
2. Change of interest — death of insured.] A fire insurance policy insured
B., loss payable to a mortgagee, and covenanted "to make good unto the
said insured, his heirs, executors, administrators and assigns." It was
conditioned to be void if the interest of the insured should be changed in
any manner, whether by act of the insured or by operation of law, the
policy should be void until consent. Held, that the death of B. avoided
the policy. Matter of Hine v. Woolworth (N. Y.), 176.
Foreign company, regulation of.] See CONSTITUTIONAL LAW, 217.
After maturity.] A contract to pay interest at a specified rate, but silent as to
the rate after maturity, draws the conventional rate after maturity. Mead-
ers v. Gray (Miss.), 414.
1. Constructive notice merger.] A judgment obtained in another State
against a non-resident, upon constructive notice and without appearance,
does not merge the cause of action in this State. National Bank of St.
Johnsbury v. Peabody (Vt.), 632.
2. Former - estoppel.] Where a partial defense is pleaded to one of a series
of notes, a judgment for less than the face of the note has no effect as to
the other notes Felton v. Smith (Ind.), 454.
Of another State, when action lies on.] See JURISDICTION, 555.
See ACCORD AND SATISFACTION, 274.
Judgment of another State.] No action lies in West Virginia upon a judg
ment obtained in New York against a foreign corporation without ap-
pearance. Gilchrist v. West Virginia Orl and Oil Land Company
(W. Va.), 555.
1. Drinking intoxicants — going to theatre.] A conviction in a capital case is
not invalidated by the mere fact that some of the jury drank intoxicants
during the trial and after submission, and that the court allowed them to
go together in charge of an officer to a theatre. Jones v. People
(Col.), 526
2. Non-age.] The objection that a juror was not of proper age comes too late
after verdict. Johns v. Hodges (Md.), 722
Disqualification.] See CRIMINAL LAW, 138.
Taking instructions to room.] See TRIAL, 117.
See CRIMINAL LAW, 700.
1. Liability of landlord to tenant for defect in common entrance.] A land-
lord who lets several tenements in the same building, with a common
exterior flight of entrance steps, without a railing, is not liable to a tenant
injured by falling on ice accumulated on the steps, although they are so
made and of such material as to collect ice. Woods v. Naumkeag Steam
Cotton Company (Mass.), 344.
2. Monthly letting -- holding over.] A parol letting for a monthly rent
nothing being said about a year, is a lease from month to month, and by
holding over more than twelve months the tenant does not become a
tenant from year to year. Hollis v. Burns (Penn.), 379.
Tenant's mortgage on crops raised on shares.] See MORTGAGE, 278,
866 BAILMENT, 410; CRIMINAL LAW, 67, 698.
To cut timber—how revoked.] A parol sale of standing trees, although
void as a sale of an interest in land, operates as a license to enter and cut
and carry away the trees, until revocation, but is revoked by a sale and
conveyance of the land to a third person. Jenkins v. Lykes (Fla.), 19.
To trade. See MUNICIPAL CORPORATION, 85.
Statute of-payment --collateral.] The application by the creditor of the
proceeds of a collateral security deposited by the debtor will operate like
a payment by the debtor to remove the bar of the statute of limitations
against the principal debt. Sornberger v. Lee (Neb.), 106.
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