§ 1. Administration of assigned estate. | plaintiff, attaching creditors who were not mis*Voluntary assignee for creditors held not led could not claim priority over plaintiff's a bona fide purchaser for value.-Smith v. Equita- equitable title under the recording acts.-Waterble Trust Co. (Pa.) 594. man v. Buckingham (Conn.) 212.

§ 2. Rights and remedies of creditors.
*Where an execution levy on a debtor's prop-
erty and the proceedings prior to sale thereof
before the debtor's assignment for the benefit
of his creditors, were valid as against him, the
assignee held not entitled to set aside the levy
because the officer's possession was not suffi-
ciently exclusive.-Murchie v. Wentworth (N.
H.) 507.

On an assignment for the benefit of creditors, creditor to whom a debtor had agreed to transfer certain property and compromise claim held entitled to dividend only on a market value of such property. In re Real Estate Inv. Co.'s Assigned Estate (Pa.) 331; Appeal of Murphy, Id.

ASSISTANCE, WRIT OF.

Right of mortgagee to writ of assistance to dispossess tenant of mortgaged premises, see "Mortgages," § 4.

ASSOCIATIONS.

§ 2. Quashing, vacating, dissolution, or abandonment.

Under Pub. St. 1901, c. 204, § 15, and chapter 220, §§ 34. 40, held that, where an erroneous judgment for defendant is vacated in the trial court, the lien of plaintiff's attachment is not affected.-Gunnison v. Abbott (N. H.) 23.

ATTORNEY AND CLIENT.

Allowance to executor or administrator for counsel fees, see "Executors and Administrators," § 3.

Argument and conduct of counsel at trial in .
civil actions, see "Trial," § 3.

Attorneys in fact, see "Principal and Agent."
Counsel fees as costs, see "Costs," § 1.

Counsel fees as costs in suit for partition, see
"Partition," § 1.

Counsel fees in action to maintain rights of
Counsel fees in proceedings to contest execu-
factor as pledgee, see "Factors."
tor's account, see "Executors and Adminis-
trators," & 8.

Counsel fees of attorney of testamentary
trustee, see "Trusts," § 3.

See "Beneficial Associations"; "Building and Proctor's fees in probate
Loan Associations."

ASSUMPSIT, ACTION OF.

See "Money Paid"; "Money Received"; "Work and Labor."

Action on note and common counts, see "Bills and Notes," § 4.

Computation of period of limitation, see "Limitation of Actions," § 2.

*One who has fully performed a contract for services may recover under the common counts. -Richards v. Richman (Del. Sup.) 238.

proceedings, see

"Wills," § 4. Subrogation to rights of client against attor ney, see "Subrogation."

§ 1. Retainer and authority.

In an action against a town for services in defending an action brought against members of a school committee, facts held sufficient to show an obligation on the part of the town by estoppel or ratification.-Newton v. Town of Hamden (Conn.) 229.

Attorney for borough held to have authority it.-Munley v. Sugar Notch Borough (Pa.) to enter plea for the borough in a suit against

377.

AUDITORS.

*In assumpsit want or failure of consideration may be taken advantage of under the general issue, it not being a special matter or a matter of confession, which must be set County auditors, see "Counties," § 3. up in a brief statement of special matter of defense.-Clark v. Holway (Me.) 642.

ASSUMPTION.

Of risk by employé, see "Master and Servant," § 6.

ATTACHMENT.

See "Execution"; "Garnishment."
Exemptions, see "Homestead."

Objections to parties in attachment proceed-
ings, see "Parties," § 1.

Release by infant of attachment as constituting ratification of liability, see "Infants," § 2. Right to attachment lien as against bona fide purchaser of realty, see "Vendor and Purchaser," § 2.

Substituted service by attachment of goods and service of summons, see "Process," § 2.

1. Levy, lien, and custody and disposition of property.

*Where a debtor held the title to certain real estate as a resulting trustee of a portion thereof for plaintiff, an attaching creditor acquired by his attachment only the rights of the debtor in the property.-Waterman v. Buckingham (Conn.) 212.

AUTHORITY.

Of agent, see "Principal and Agent," § 2.
Of attorney, see "Attorney and Client," § 1.

AUTOMOBILES.

Municipal regulations, see "Municipal Corporations," & 8.

Use of highways, see "Highways," § 2; "Municipal Corporations," § 9.

BAIL.

Parol evidence to prove bail bond, see "Criminal
Law," § 5.

BAILMENT.

Embezzlement or larceny by bailee, see "Em-
bezzlement."

Particular species of bailments, and bailments
incident to particular occupations.
See "Carriers," § 2; "Innkeepers"; "Pledges."

BALLOTS.

Where an attachment debtor held a large part of the land attached as a resulting trustee for See "Elections," §§ 3, 5. *Point annotated. See syllabus.

BANKRUPTCY.

A national bank held liable for violation of the banking act only to the United States gov ernment.-Farmers' Deposit Nat. Bank 7.

See "Assignments for Benefit of Creditors." Declarations as evidence in action by trustee in Western Pennsylvania Fuel Co. (Pa.) 374 bankruptcy, see "Evidence," § 7.

1. Assignment, administration, and distribution of bankrupt's estate. Where a fatuer uses money of his sons without their consent to buy a farm, and thereafter sells the farm at a profit, the profits when invested become an asset in the hands of the trustee in bankruptcy of the father.-Merrill v. Hussey (Me.) 819.

Conveyance of father to secure claims of sons held valid against the trustee in bankruptcy to the extent of the claims.-Merrill v. Hussey (Me.) 819.

3. Savings banks.

Circumstances surrounding the possession of a pass book of a savings account held not to warrant a holding that the book was out of the possession of the one claiming the fund.-Carlin v. Carlin (N. J. Prerog.) 1018. § 4. Loan, trust, and investment companies.

A paper exhibited to a person authorized to examine the condition of trust companies held a "paper" within the meaning of Trust Companies Act 1899 (P. L. 1899, p. 461) § 17, and if false and exhibited to the examiner with intent to deceive him, the officers exhibiting it were guilty of a crime under that section.State v. Twining (N. J. Err. & App.) 1073, 1135.

Bankr. Act. Feb. 5, 1903, c. 487, § 13, 32 Stat. 799 [U. S. Comp. St. Supp. 1905, p. 689] declaring that where a preference consists of a transfer, the four month's period shall not expire until four months after the date recording or registering is required held inapplicable to an oral chattel mortgage.-Mower v. Mc- Of action by former adjudication, see “JudgCarthy (Vt.) 578.

A chattel mortgage on after-acquired property under which the mortgagee has taken possession held valid as against the mortgagor's trustee in bankruptcy unless such possession was taken to afford a preference though acquired within four months prior to the date of the mortgagor's petition in bankruptcy and with knowledge of his insolvency and his contemplated bankruptcy proceedings.-Mower v. McCarthy (Vt.) 578.

§ 2. Rights, remedies, and discharge of bankrupt.

ment," 5.

BAR.

BASTARDS.

§ 1. Custody, support, and protection. *A mother held not to have forfeited her right to the custody of her natural child.-Hesselman v. Haas (N. J. Ch.) 165.

father, the mother of a natural child has the As against any person except the putative natural right to its custody.-Hesselman v. Haas (N. J. Ch.) 165.

BATTERY.

A bankrupt may litigate a claim which the assignee on notice fails to prosecute.-Hubbard See "Assault and Battery." v. Gould (N. H.) 668.

A statement of defendant's counsel at the trial that defendant was in bankruptcy could not operate as a stay of proceedings.-McGowan v. Bowman (Vt.) 1121.

BANKS AND BANKING.

Action by bank against heirs, see "Descent and
Distribution," § 2.

Bank as landlord, see "Landlord and Tenant,"
§ 1.

Gift of bank deposit, see "Gifts," § 1.
Laws exempting national and state banks from
their operation as class legislation, see "Con-
stitutional Law," § 4.
Multifariousness in pleading in suit by national
bank, see "Equity," § 2.

§ 1. Functions and dealings.

Evidence held insufficient to show such an

to

appropriation by a bank out of its general funds with which collections were mingled as identify the money as that collected for the holder of a draft.-Commonwealth v. State Bank of Pittsburg (Pa.) 923.

§ 2. National banks.

Directors of a national bank held not liable for the making of excessive loans, unless some injury or loss was sustained by the bank.Emerson v. Gaither (Md.) 26; Harden v. Same, Id.; Horner v. Same, Id.

Directors of a national bank who had ceased to be such prior to the failure of the bank held entitled to plead limitations as a defense to a suit by a receiver to recover losses sustained by their alleged malfeasance and gross negligence.-Emerson v. Gaither (Md.) 26; Harden 7. Same, Id.; Horner v. Same. Id.

BENEFICIAL ASSOCIATIONS.

Building or loan associations, see "Building and
Loan Associations."

Withdrawal of a state council of a beneficial association from affiliation with the national body held not to prevent it from continuing its business in the same manner as it had done before its affiliation with such national body.State Council of Junior Order of United American Mechanics of New Jersey v. National Council of Junior Order of United American Mechanics of North America (N. J. Ch.) 561.

An attempt by the national council of a beneficial association to compel a change of the objects of the order by an amendment of the constitution, illegally adopted, held to justify a state council in withdrawing from further affiliation with the national body.-State Council of New Jersey v. National Council of Junior of Junior Order of United American Mechanics Order of United American Mechanics of North America (N. J. Ch.) 561.

A state council of a beneficial association previously organized, on withdrawing from the national council held entitled to the sole use of its name, and to restrain the national council from operating in the state for the purpose of destroying the state council and its subordinate bodies.-State Council of Junior Order of United American Mechanics of New Jersey v. National Council of Junior Order of United American Mechanics of North America (N. J. Ch.) 561.

The name of a New Jersey corporation held not such a general descriptive name as would deprive the corporation of the right to the exclusive use thereof in New Jersey.-State *Point annotated. See syllabus.

BEST AND SECONDARY EVIDENCE. error to render judgment for defendant on

the ground of a failure of consideration on the facts set up in the statement and proved.

In criminal prosecutions, see "Criminal Law," Clark v. Holway (Me.) 642. § 5.

*Point annotated. See syllabus.

the dealings between the bank and the maker.-
Councilman v. Towson Nat. Bank (Md.) 358.
In an action in which plaintiff filed a note
sued on under Code Pub. Loc. Laws, art. 3, §
18f, held that, on the appearance of defendant
and his compliance with the statute, plaintiff
was not limited to recovery on the note, but
might recover on any evidence admissible un-
der the declaration.-Councilman v. Towson
Nat. Bank (Md.) 358.

In an action on a note and the common
counts plaintiff held entitled to recover on the
common counts.-Councilman v. Towson Nat.
Bank (Md.) 358.

A third person giving a check to discharge
a note secured by a mortgage held not entitled
to repudiate the check on the ground that the
note had not been indorsed to the holder by the
payee. National Bank of Newbury v. Sayer (N.
H.) 189.

Affidavit of defense in action on note held
sufficient.-Bovaird & Seyfang Mfg. Co. v. Fer-
guson (Pa.) 513.

BOARD.

Of civil authority in towns, see "Towns," § 2.
Of education, contracts for school supplies, see
"Schools and School Districts," § 1.

Of health, see "Health," § 1.

BODY EXECUTION.

See "Execution," § 4.

BONA FIDE PURCHASERS.

Assignee for benefit of creditors, see "Assign-
ments for Benefit of Creditors," § 1.

Of bonds, see "Bonds," § 1.

Of land, see "Vendor and Purchaser," § 2.

BONDS.

Bonds in legal proceedings, see "Appeal and
Error," § 5.

For performance of duties of trust or office, see
"Officers," § 1; "Receivers," § 4.

In proceedings to determine right to property
levied on, see "Execution," § 2.
Municipal contractors' bonds, see "Municipal
Corporations," § 7.

Of devisees of particular estates, see "Wills," 8

12.

Parol evidence to prove bail bond, see "Criminal
Law," § 5.

Secured by mortgage, see "Mortgages," § 4.
Time as essence of contract for sale of, see "Con-
tracts," § 2.

§ 1. Negotiability and transfer.

*The title of bona fide holders of coupon
mortgage bonds issued by a corporation held,
good against all secret equities claimed by the
corporation or third persons.-Lembeck v. Jar-
vis Terminal Cold Storage Co. (N. J. Err. &
App.) 126.

*Where a person claimed an agreement be-
tween her and a corporation that she should
have seven of a proposed issue of mortgage
bonds, and the bonds were never delivered to her,
but the entire issue came to the hands of the
holder without notice, his title was complete.-
Lembeck v. Jarvis Terminal Cold Storage Co.
(N. J. Err. & App.) 126.

BOROUGHS.

See "Fences."

BOUNDARIES.

Of towns, see "Towns," 1.
§ 1. Description.

tion of land where the other parts are not suf
*"Quantity" may be used to aid the descrip-
ciently certain to define the land intended.-
O'Brien v. Clark (Md.) 53.

*To reconcile the calls of a survey or to
harmonize the quantity of land with that called
for the calls may be reversed and the lines run
in the opposite direction.-Newbold v. Condon
(Md.) 356.

2. Evidence, ascertainment, and es-

tablishment.

a course is omitted from the deed, it may be
*Where land is sold according to a plat and
shown from description of deed to adjoining
property.-Zerbey v. Allan (Pa.) 587.

BREACH.

Of contract, see "Contracts," § 4; "Vendor and
Purchaser," § 1.

Of contract with municipal corporation, see
"Municipal Corporations," § 6.

Of warranty, see "Insurance," § 2; "Sales,"
3, 6.

BRIDGES.

Forfeiture of franchise of bridge company, see
"Corporations," § 6.

Specific performance to compel railroad to keep
bridge in repair, see "Specific Performance,'
Validity of contract for construction of by
§ 1.
county, see "Counties," § 2.

BROKERS.

See "Factors"; "Principal and Agent."
Harmless error in action for commissions, see
Review as to sufficiency of evidence in action
"Appeal and Error," § 14.
Wagering contracts, see "Gaming," § 1.
by broker, see "Appeal and Error," § 13.

§ 1. Compensation and lien.

broker for services in that state, whether plain-
In an action by a Pennsylvania real estate
in the absence of any proof that the laws of
tiff was a licensed broker or not was immaterial,
Pennsylvania required a license.-Richards v.
Richman (Del. Sup.) 238.

*Where A., without any employment by its
owner, exhibits a house to one seeking a tene-
promise by the owner thereafter to pay A. for
ment, who rents directly from the owner, a
his services is without consideration.-Sharp v.
Hoopes (N. J. Sup.) 989.

Evidence in action by broker for compensa-
tion on sale of land held to justify verdict for
plaintiff.-Fulton v. Walters (Pa.) 860.

2. Actions for compensation.

In an action by a real estate broker for com-
missions, the proof held not materially variant
from the pleadings.-Richards v. Richman (Del.
Sup.) 238.

In suits by real estate brokers for commis-
sions the question always is whether under
the circumstances, the agent was the cause of
the sale.-Hudson Real Estate Co. v. Bauer (N.
J. Sup.) 954.
*Point annotated. See syllabus.

See "Municipal Corporations," §§ 5, 7, 10.

BUILDING AND LOAN ASSOCIATIONS.
The issue of income stock by an association
formed under the building and loan association
act of April 9, 1875 (Rev. St. 1875, p. 64),
held ultra vires.-Bettle v. Republic Savings
& Loan Ass'n (N. J. Ch.) 176.

An association organized under the building
and loan association statute of April 9, 1875
(Rev. St. 1875, p. 64). held not absolved from
liability for the payment of loan certificates is-
sued by it on the ground that the borrowing of
the money was ultra vires.-Bettle v. Republic
Savings & Loan Ass'n (N. J. Ch.) 176.

will not at the instance of a grantor be de
clared void for improvidence.-Fretz v. Roth
(N. J. Err. & App.) 152.

CANVASS.

Of votes at town meeting, see "Towns," § 2.

CAPITAL.

Of corporations in general, see "Corporations,"
§ 1.

Holders of loan certificates issued by a cor- See "Shipping."
poration formed under the building and loan
association statute of April 9, 1875 (Rev. St.
1875, p. 64), held not stockholders but creditors
for money loaned and entitled to payment in full
out of funds deposited with a trustee to secure
payment of such certificates.-Bettle v. Republic
Savings & Loan Ass'n (N. J. Ch.) 176.

*The claims of general creditors of an insol-
vent building and loan association are entitled
to priority of payment from the assets over
the claims of shareholders as such.-Watkins v.
Commonwealth Savings & Loan Ass'n (N. J.
Ch.) 751.

On the insolvency of a building and loan as-
sociation held, that the common stockholders
were entitled to priority of payment over the
holders of the founders' stock.-Watkins v. Com-
monwealth Savings & Loan Ass'n (N. J. Ch.)
751.

BUILDING CONTRACTS.

See "Contracts," § 4.

BURDEN OF PROOF.

In civil actions, see "Evidence," § 3.

BY-LAWS.

Of beneficial association, see "Beneficial Asso-
ciations."

Of insurance company as part of policy, see
"Insurance," § 1.

Of mutual benefit insurance company, see "In-
surance," § 6.

CAISSONS.

CARGO.

CARRIERS.

Documentary evidence in action for injuries to
passenger, see "Evidence," § 8.
Inconsistent statements by witnesses in action
for injuries to passenger, see "Witnesses,"
§ 3.

Injuries to passenger on elevator caused by
negligence in general, see "Negligence," § 4.
Restricting evidence to specific purpose in ac-
tion for injuries to passenger, see "Trial," § 2.
1. Control and regulation of common
carriers.

A common carrier defined.-Carpenter v.
Baltimore & O. . Co. (Del. Super.) 252.
§ 2. Carriage of goods.

*Where a common carrier claims the benefit
of a special agreement limiting liability for loss
of goods, the burden is on it to prove the spe-
cial agreement.-Carpenter v. Baltimore & O. R.
Co. (Del. Super.) 252.

*A contract between a shipper and a common
carrier limiting the carrier's liability held valid.
-Carpenter v. Baltimore & O. R. Co. (Del.
Super.) 252.

*The requisites of a contract limiting the lia-
bility of a carrier for loss of or injury to goods
stated.-Carpenter v. Baltimore & Ŏ. R. Co.
(Del. Super.) 252.

*A common carrier cannot relieve himself
from any part of his common-law liability for
the loss of property carried by him, except by
contract with the shipper.-Carpenter v. Balti-
more & O. R. Co. (Del. Super.) 252.

*In an action against a carrier for damages
to property, plaintiff could not recover for
any injury to the property after it had arrived
at its destination and he had refused to accept

Negligence in towage of, see "Negligence," 88 it.-Carpenter v. Baltimore & O. R. Co. (Del.

1, 4.

CANALS.

Estoppel to object to pollution of canal, see
"Estoppel," § 2.

Pollution of river by discharge from canal, see
"Waters and Water Courses."

CANCELLATION OF INSTRUMENTS.
See "Quieting Title."

see

Competency of witnesses, see "Witnesses," § 1.
Evidence of deeds, see "Deeds," § 3.
Setting aside fraudulent conveyances,
"Fraudulent Conveyances," § 3.
Grounds for cancellation or rescission of par-
ticular instruments.

Contracts for sale of goods, see "Sales," § 3.
Contracts in general, see "Contracts," $3.
Note of incompetent, see "Insane Persons," § 3.
1. Right of action and defenses.
*A voluntary deed executed by a husband
through another to his wife, of all his realty,

Super.) 252.

*Where goods are injured under such circum-
stances as to render the common carrier liable,
the measure of damages is the difference be-
tween the value of goods in their damaged state
and what would have been their value in good
order.-Carpenter v. Baltimore & O. R. Co. (Del.
Super.) 252.

*A common carrier is not responsible for the
loss occasioned by bad packing or other negli-
gence of the shipper, or for ordinary wear and
tear of the goods in the course of transportation
or for any inherent natural infirmity or ten-
dency to damage.-Carpenter v Baltimore & O.
R. Co. (Del. Super.) 252.

*An act of God which will excuse a common
carrier for loss of goods defined.-Carpenter v.
Baltimore & O. R. Co. (Del. Super.) 252.

*The duty and liability of a common carrier
of goods defined.-Carpenter v. Baltimore & O.
R. Co. (Del. Super.) 252.

In an action to recover a rebate of $3 per
car on material furnished to defendant railroad
*Point annotated. See syllabus.