2. An order directing persons named both as executors and trustees in a will to render an account as executors, against their claim that they hold the estate as trustees, involves a decision that administration is necessary, and is therefore final so as to authorize them to appeal from it. Re Higgins's Estate (Mont.) 116 3. An appeal does not lie in Connecticut on the ground that the evidence does not support the facts found by the court below, but does support a state of facts which the court found not proved. Curtis v. Bradley (Conn.) fact that cannot be reviewed by the supreme court upon appeal. Heyward v. Farmers' Min. Co. (S. C.) 42 7. A defense of former action pending may be waived by the failure to introduce evidence to support it at the hearing. Id. 8. An accused cannot complain that a view by the jury was had in his absence and without the presence of the judge, where it was taken on his motion and without any request to be present or any objection made by him, although he knew it was to be taken without the presence of the judge. State v. Hartley (Nev.) 33 9. The denial of a challenge to a juror for cause is not ground of error unless appellant exhausted his peremptory challenges. ld. 10. An erroneous order striking from the files a bill of review will not be reversed unless it is prejudicial. Wood v. Wood (Ark.) 157 11. Allowing a witness to give an opinion as to negligence is not ground for reversal, if the facts were fully shown and the negligence fully proved by other evidence. Giraudi v. Electric Improv. Co. (Cal.) 596 1. The presentation to the board of examiners, which, by Cal. Pol. Code, § 672, is required before the comptroller can draw his warrant for a claim, is not excused by Cal. Act March 31, 1891, in case of a claim for a bounty for killing coyotes, although that Act provides for proving the claim and obtaining a certificate thereof from the board of supervisors. Ingram v. Colgan (Cal.) 143 4. A decision of the general term reversing a judgment upon exceptions, and at the same time affirming an order separately appealed from which denied a motion for a new trial, can be reviewed by the New York court of appeals only upon questions of law arising upon the exceptions, and not in respect to sufficiency of evidence or excess of damages. Edgecomb v. Buckhout (N. Y.) 816 187 providing for the payment of a bounty of $5 2. No appropriation is made by a statute out of the general fund in the treasury for each coyote which shall be destroyed, since the total amount which may be devoted to such purpose is not specified. Id. ARBITRATION. See INSURANCE, 9-12. ARREST. 5. An objection cannot be first made on ap- The arrest of a disorderly passenger without peal, to the fact that the name of a witness was a warrant, by an officer who was waiting at not indorsed upon an information. People v. the depot for that purpose in response to a De France (Mich.) 139 telegram from the conductor, who pointed out the passenger as the party to be arrested, was not unlawful because made without a warrant and for an offense not committed within the view of the officer. Baltimore & O. R. Co. v. Cain (Md.) 6. A finding by the presiding judge in a law case tried without a jury, that plaintiff in an action to try title to real estate has sufficiently connected himself with the original grant from the state to maintain the action, is a finding of 688 NOTES AND BRIEFS Arrest of disorderly passenger without warrant. 688 on another bank, which is not a member, until the completion of exchanges on the morning after notice to terminate the arrangement, is not relieved from paying such checks on the ASSESSMENTS. See PUBLIC IMPROVE morning after such notice by reason of the MENTS, NOTES AND BRIEFS. ATTEMPT. See EXTORTION. ATTORNEYS. See also ASSUMPSIT; CONTEMPT, 2, 3. Acts of record by counsel, consenting to the allowance of alimony in a gross sum, are binding on the client. Wood v. Wood (Ark.) 157 ATTORNEYS' FEES. See COSTS AND FEES; RECEIVERS, NOTES AND BRIEFS. BAGGAGE. See CARRIERS, 10, 11. BAILMENT. See also CONTRACTS, 3; EVIDENCE, 13. 1. The degree of care required of a bailee depends on the nature and value of the thing bailed and its liability to loss or injury. Prince v. Alabama State Fair (Ala.) 716 2. A lack of proper care which will create a liability for the loss of a painting on the part of a corporation to which it has been loaned for a competitive exhibition at a fair is shown where, after the close of the fair and the withdrawal of policemen, the duty of repacking and reshipping it is entrusted to an agent or officer who is not informed that the painting has been exhibited or in the possession of the corporation, and servants are employed to aid him who are unknown to him and of whose skill or integrity there is no evidence. ld. 3. A general proposal to all persons having articles deemed worthy of exhibition to entrust them to a corporation for a competitive exhibition at a fair, with a promise of redelivery when the exhibition is closed, becomes a special contract with each person sending articles for exhibition, when they are received and accepted. Id. known insolvency of the bank on which they were drawn. O'Brien v. Grant (N. Y.) 361 2. A preference to creditors of an insolvent bank in violation of the New York Corporation Law of 1992, chap. 687, § 48, prohibiting transfers with intent to give a preference when the corporation is insolvent or its insolvency is imminent, is not made by the payment of checks drawn on an insolvent bank, in the course of exchanges at a clearing house, by a member of the clearing house which knew of the insolvency, but by its contract and the constitution of the clearing house was under obligation to pay them, and held securities which it was entitled to and did apply to its own reimbursement. Id. 3. An arrangement between a clearing house and a bank which is one of its members and another bank which is not a member, whereby the latter pays the clearing-house a fee for the privilege of being represented by such member, and makes a certain deposit of money and securities with such member in consideration of the latter's agreement to clear through the clearing-house checks drawn upon the other bank, while the constitution of the clearinghouse prohibits the discontinuance of such arrangement without previous notice, which notice shall not take effect until the exchanges of the morning following the receipt of the notice shall have been completed,-constitutes a tripartite agreement, upon ample consideration, for the mutual benefit of all the parties who enter into it. ld. 4. The fact that an officer authorized to borrow money for a bank is engaged in defrauding it will not prevent the liability of the bank on a loan obtained by him for the bank from another bank which has no knowledge of his fraud. Chemical Nat. Bank v. Armstrong (C. C. App. 6th C.) 231 Banks; set-off against check. Dividends on claims against, when insolvent; deduction of collections from collateral; interest on dividends. 231 4. The essential elements and characteristics of a lucrative as distinguished from a mere gratuitous bailment exist in the case of the loan of a painting for a competitive exhibition BICYCLES. See also TOLLS; TURNPIKE at a fair. BANKS. Id. COMPANIES. 1. A bicycle is a vehicle, and may be law. See also INTEREST; SET-OFF. fully riden upon the public highway for con1. A bank which is a member of a clearing-venience, recreation, pleasure, or business. house and bound by contract and the constitu- Thompson v. Dodge (Minn.) 609 tion of the clearing-house to clear checks drawn 2. A person driving a horse on a highway has no rights superior to those of a person in the hands of a bona fide purchaser, where riding a bicycle. Thompson v. Dodge (Minn) by their terms they are payable in eleven days 608 less than ten years from date. People's Bank v. Barnes County School Dist. No. 52 (N. D.) NOTES AND Briefs. ! Bicycles; charging tolls for. BIDS. See CONTRACTS, 6, 7. BIGAMY. 462 The fact that, at the time one accused of polygamy contracted his alleged polygan ous marriage, he had a bona fide and reasonable belief that his former wife was dead, does not constitute a defense under the Massachusetts statutes. Com. v. Hayden (Mass.) 642 2. Even bona fide purchasers of negotiable municipal securities are charged with knowledge of all the requirements of the statute under which such securities were issued. ld. 3. Bonds issued upon a vote at a school meeting held in a district organized by the county superintendent under Dak. Laws 1879, chap. 14, in which district officers were elected and exercised their functions, teachers were employed, and school taught, are not void because of failure to comply with statutory provisions regulating the organization of such BILLS AND NOTES. See also ALTERA-district, as to matters going to the jurisdiction TION OF INSTRUMENTS; CONFLICT OF of the superintendent to organize the district, LAWS, 2; INJUNCTION, 5. since the district is a de facto municipal corporation. Coler v. Dwight School Trop. (N. D.) 318 1. A negotiable note given for differences on a settlement of an illegal option contract which the statute expressly declares shall be void is not itself void in the hands of an innocent holder for value before maturity, unless the statute expressly or by necessary implication declares that such note shall be void. Pope v. Hanke (Ill.) 568 NOTES AND BRIEFS. 649 Bonds; validity of; power of municipality to issue. 643, 649 Rights of bona fide holders; estoppel as to; procedure to issue; legal existence of corporation. 2. Payment of interest on a note after maturity waives the defense of failure to pre- BOUNDARIES. sent the note for payment at the place where it was payable. Greeley v. Whitehead (Fla.) 286 4. An indorser for whose benefit an ac commodation note was made, being bound to provide funds to meet it at maturity, is not released by lack of presentment, protest, or notice. Id. 5. An accommodation indorser of a negotiable note which he is compelled to pay on the maker's default can enforce it against the maker if his indorsement was made in good faith, although it was for the accommodation of a third person, and although after bis in dorsement he may have learned of a failure of consideration. Sheahan v. Davis (Or.) 476 649 A description of land as running "to the shore" of a lake, and thence with said shore" to a certain point, does not include the shore or extend to low water mark so as to make the grantee a riparian proprietor entitled to submerged lands included in the Florida grant of 1856, which is limited to owners of lands" actually bounded by, and extending to, low-water mark." Axline v. Shaw (Fla.) BOYCOTT. See INJUNCTION, 3. BROKERS. 391 A broker who is privy to the unlawful design of the parties to an option contract, and brings them together for the purpose of making it, cannot recover for any services or losses incurred in the transaction. Pope v. Hanke 568 (Ill.) BUILDING AND LOAN ASSOCIA. 6. A promissory note on demand "payable 6-15. CARRIERS. See also See EVIDENCE, ARREST; COмMERCE, 2; EVIDENCE, 3, 4; GARNISHMENT; OFFICERS, 3. 1. The relation of carrier and passenger is not established between a railroad company and one who gets upon a passenger train with the deliberate purpose not to pay his fare, and adheres to that purpose, or who, being on the train and having money with him with which he could pay his fare, falsely and fraudulently represents to the conductor that he is without means, and thereby induces the conductor to permit him to remain the train without paying his fare. Condran v. Chicago, M. & it to the baggage agent and informs him of S. P. R. Co. (C. C. App. 8th C.) 749 the amount, and he accepts it to ship as baggage. St. Louis S. W. R. Co. v. Berry (Ark.) 2. One riding on a railroad train by fraud or stealth, without the payment of fare, takes upon himself all the risk, and, if injured by an accident happening to the train, not due to recklessness or willfulness on the part of the company, cannot recover. Id. 3. The rule that one riding upon a train by fraud or stealth, without payment of fare, cannot recover for injuries not due to recklessness or willfulness of the company, is not modified or abrogated by McClain (Iowa) Ann. Code, § 2002, making every railroad company liable for all damages sustained by any person in consequence of the neglect of agents, or by mismanagement of the engineers or other employés. ld. 4. If there are two or more regular stopping places for trains in a city, where passengers are allowed to enter and leave trains, either of them may be chosen as the place to stop off, under Cal. Civ. Code, § 490, although no sta tion-house is there located. Robinson v. South ern P. Co. (Cal.) 773 5. The junction of a ferry and a railroad is an Intermediate station within Cal. Civ. Code, S490, giving the right of stop over where a ticket is sold for transportation over both ferry and railroad. Id. 6. The right to ride to "destination or any intermediate station, and from any intermediate station to the depot of destination," declared in Cal. Civ. Code, § 490, to be given by a railroad ticket, cannot be construed to give merely the right to begin a journey at an intermediate station, but includes the right of stop-over. Id. 501 11. Money sufficient for personal use on the journey may be included in baggage for which the carrier will be liable as an insurer, if no more is taken than is necessary or usual for persons of like station, habits, and condition in life on similar journeys. Id. 12. A constructive, if not an actual, fraud to obtain cheap rates of freight, which relieves the carrier from liability for loss of the goods, is shown where a man of intelligence ships in a basket with a rope around it, without making known its contents, a quantity of silks, satins, laces, curtains, silver spoons, and other valuable articles, most of which were for sale by his wife in her business as a dressmaker and milliner and remains silent when he hears the carrier's agent designating them as "household goods," the rate on which is very much less than that on merchandise. Shackt v. Illinois C. R. Co. (Tenn.) 176 13. Overcharges by a common carrier on interstate shipments made prior to the taking effect of the interstate commerce act of congress cannot be recovered by the shipper by the application of common law doctrines. Catton v. Chicago, R. 1. & P. R. Co. (Iowa) 556 7. A railroad company cannot deprive a passenger who pays the regular rates for a ticket to a certain destination entitling him to go by a certain route, of his right given by statute to stop over at an intermediate point on such route by giving him a ticket purport-in ing to entitle him to transportation to either the point of destination or the intermediate point. ld. 9. A passenger on a railroad train, with a ticket for a station at which it is customary for the train not to stop, but to slow its movement so as to allow passengers to alight, will be entitled to damages if, called to the platform by the announcement of the station, he is thrown from the steps of the car and injured, bis fall being caused by the sudden increase of the speed of the train when it should be slowed or stopped. Id. 10. A carrier is liable for the transportation as baggage of money in an amount more than is needed for use on the journey, where the passenger, in ignorance of the carrier's rules and instructions to the contrary, delivers Carriers; right of passenger to stop over:general; rule in case of coupon tickets; effect of particular stipulations, agreements, or representations; statutory permission; limited tickets; special rates or contracts; rules and custom of carrier; effect of delay of train; through train to be taken; no stop-over with out ticket; time within which stop over must be used; right to take up ticket. 773 Liability of, as warehousemen; liability for acts of mob. 80 Contracting to limit liability. 718 176 of the fund, is the test of the validity of its creation. Webster v. Wiggin (R. I.) 510 3. A charitable trust in the legal sense is one which originates from a gift, and which limits its property to any public use to which it is lawful to devote property forever. ing a common carrier from liability can be regarded as a regulation of commerce, although applied to an interstate shipment. Solan v. Chicago, M. & St. P. R. Co. (Iowa) 718 3. A license tax on all those engaged in pack ld.ing or canning oysters for sale or transportation, whose places of business are in the state, is not an unconstitutional interference with interstate commerce as applied to those who may sell or transport their oysters beyond the state. State v. Applegarth (Md.) NOTES AND BRIEFS. 4. A trust for the erection of convenient and healthful tenements for the laboring classes, and their maintenance in proper repair and in a clean and tidy condition, providing that no intemperate, disorderly, or filthy person shall be allowed to occupy them, although they are to be let to laborers for rent, and not gratuitously furnished to them,-creates a charity. Id. 812 5. A gift to promote the efficiency of public schools for the education of children residing COMMON LAW. schools, or, in the alternative, to establish COMMITMENT. See CRIMINAL LAW, 1. in tenements, is charitable. ld. 1, 2. NOTES AND BRIEFS. CIVIL SERVICE. See also OFFICERS, the insured acted without any real consider ation, in ignorance of the rights and obliga tions of the parties, while the insurer had full knowledge thereof and of his ignorance, and induced him to act by false and fraudulent misrepresentations, although his mistake was in respect to his legal rights. Titus v. Roches ter German Ins. Co. (Ky.) 478 CONFLICT OF LAWS. not require a law of one state to be executed 1. Comity between different states does in another, where it would be against the public policy of the latter state. Pope v. Hanke (Ill.) 568 2. The validity of a negotiable note in the hands of a bona fide holder in the state where COLLEGES. See also CONSTITUTIONAL the contract was made, although the considerLAW, 7. COMMERCE. See also CARRIERS, 13. 1. Interstate commerce is not subject to common law regulations as to discriminating charges of common carriers, in the absence of congressional action. Gatton v. Chicago, R. I. & P. R. Co. (Iowa) ation of the note was the settlement of differences under an illegal option contract, does not require its enforcement by the courts in another state in which the statutes make such notes void even in the hands of a bona fide holder, and make the transactions out of which the consideration arose criminal. ld. 3. The doctrine of state comity will not be applied in behalf of a corporation seeking to recover upon a claim on a contract expressly prohibited by law, or which is clearly at variance with the settled policy of the state. Seamans v. Temple Co. (Mich.) 430 4. A discharge of two firms in the same insolvency proceeding does not affect the claim of a nonresident creditor against one of the firms, merely because he proved a claim against the other firm, which included the partners in the former, and voted for its assignee, and accepted a dividend on the claim. l'attee v. Paige (Mass.) 451 556 5. An oral contract to make a will, al 2. Neither the common-law rule nor a state though valid in the state where it is made, statute denying validity to a contract exempt I cannot be enforced in Massachusetts against |