For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 1033 (5) (N.Y.) Seller may not complain if | American Nat. Bank of Indianapolis, 148 N. E. jury is told that warranty exists more limited in scope than in truth is the fact.-J. Aron & Co. v. Sills, 148 N. E. 717.

1039(1) (Ind.App.) Ruling on pleadings not reversible where court has fully and clearly found facts.-Lind v. Douglas, 148 N. E. 497. 1039 (2) (Ind.App.) Refusal of motion to separate causes of action not reversible error. -Pittsburg, C., C. & St. L. R. Co. v. Rushton, 148 N. E. 337.

1039 (2) (Ind.App.) Court's refusal to require plaintiff to state in separate paragraphs alleged separate causes of action held not reversible error.-Travelers' Ins. Co. v. Fletcher American Nat. Bank of Indianapolis, 148 N. E. 501.

1039(8) (Ind.App.) Denial of motion to make complaint more specific not reversible error.-Pittsburg, C., C. & St. L. R. Co. v. Rushton, 148 N. E. 337.

501.

1060(1) (Ind.App.) Argument of counsel that defendant was competent witness to deny certain statements, but did not, held not reversible error.-Castor v. McDole, 148 N. E. 643. Jury not misled by counsel's argument as to relationship of party at whose house child was born.-Id.

1060 (3) (Ohio) Refusal to instruct to disregard prejudicial statements in argument on matters not in issue is reversible error.-Herman v. Teplitz, 148 N. E. 641.

1067 (Ohio) Refusal of charge that, if purchaser, from inspection knew depth of lot, he could not recover for misrepresentation, held reversible error.-Herman v. Teplitz, 148 N. E. 641.

1068 (1) (Ind.App.) Any error in giving instructions was harmless where defenses relied on by defendant were not made out.-Travelers' Ins. Co. v. Fletcher American Nat. Bank of Indianapolis. 148 N. E. 501.

1039 (8) (Ind.App.) Overruling motion to make complaint more specific held not reversible error.-Baltimore & O. S. W. R. Co. v. Hill, 1481068(3) (Ind.App.) Errors in giving or reN. E. 489.

1040 (6) (Ind.App.) Sustaining of demurrer to answer harmless where jury finds that substantial averments of answer are not true. -Travelers' Ins. Co. v. Fletcher American Nat. Bank of Indianapolis, 148 N. E. 501.

1040(10) (Ind.App.) Overruling of demurrer to complaint not prejudicial, where cause was fairly tried and submitted.-Terre Haute, Indianapolis & Eastern Traction Co. v. Scott, 148 N. E. 335.

fusing instructions not prejudicial, where cause was fairly tried.-Terre Haute, Indianapolis & Eastern Traction Co. v. Scott, 148 N. E. 335.

1068(3) (Ind.App.) Charge not reversible error, where jury returns only verdict possible. -City of Indianapolis v. National City Bank of Indianapolis, 148 N. E. 675.

1068(5) (Ind.App.) Errors in refusing instructions not prejudicial, where cause was fairly tried.-Terre Haute, Indianapolis & Eastern Traction Co. v. Scott, 148 N. E. 335. 1040(10) (Ind.App.) Overruling of demur-1068(5) (Ind.App.) Any error in refusing rer to complaint for negligent injury at railroad crossing not prejudicial.-Pittsburg, C., C. & St. L. R. Co. v. Rushton, 148 N. E. 337. 1040 (10) (Ind.App.) Objections to complaint taken by demurrer and overruled are not sufficient to reverse judgment in cause fairly tried on its merits.-Baltimore & O. S. W. R. Co. v. Hill, 148 N. E. 489.

to

1040(13) (Ind.App.) Overruling demurrer answer averring substantially same facts averred in complaint held not reversible error.City of Indianapolis v. National City Bank of Indianapolis, 148 N. E. 675.

1040(15) (Ind.App.) Overruling of defendant's demurrer to plaintiff's reply, if error, held harmless in view of jury's findings.-Travelers' Ins. Co. v. Fletcher American Nat. Bank of Indianapolis, 148 N. E. 501.

1043(6) (Mass.) Defendant not harmed by admission of answer to cross-interrogatory; deponent having given same testimony in answer to direct interrogatory.-Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105.

1050(1) (III.) Admission of evidence as to things occurring after train passed signal to stop held not confusing or prejudicial to defendant railroad company.-Bremer v. Lake Erie & W. R. Co., 148 Ñ. E. 862.

1050(1) (Ind.) Admission of evidence that, in former action against appellant, plaintiffs therein had recovered nothing, held not prejudicial.-Brier v. Childers, 148 N. E. 474.

1050(1) (Ind.App.) Admitting clerk's certificate that no record of marriage license existed in his office, if error, harmless.-Castor v. McDole, 148 N. E. 643.

instructions was harmless where defenses relied on by defendant were not made out.-Travelers' Ins. Co. v. Fletcher American Nat. Bank of Indianapolis, 148 N. E. 501.

1073(1) (Mass.) No change in decree on cross-bill necessary, where defendant did not suffer material harm.-Berenson v. H. G. Vogel Co., 148 N. E. 450.

(I) Error Waived in Appellate Court.

1078(1) (Mass.) Motions not argued are waived.-Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105.

(J) Decisions of Intermediate Courts.

1091(1) (N.Y.) On unanimous affirmance by Appellate Division of Court of Claims' allowance for appropriation of property, it must be assumed that award includes all elements of value, except on showing to contrary.-Banner Milling Co. v. State, 148 N. E. 668.

damage, unanimously affirmed, is supported by 1091(1) (N.Y.) Presumed that finding of evidence, and that appointment of commissioners was justified.-In re Grade Crossing Com'rs of City of Buffalo, 148 N. E..727.

1091 (4) (Ohio) Assumed that Court of Appeals in error proceeding weighed evidence and found that it supported judgment.-Kissinger v. Hill, 148 N. E. 347.

1094 (3) (N.Y.) Court of Appeals may look into evidence to determine whether errors in charge are harmless or substantial.-D'Aurio v. Long Island R. Co., 148 N. E. 333.

1050(2) (Ind.) Admission of immaterial ev-1094 (3) (N.Y.) Award to guardian unaniidence, not misleading judge, not ground for re- mously affirmed by Appellate Division could not versal.-Brier v. Childers, 148 N. E. 474. be interfered with.-Stillman v. Stillman, 148 N. E. 518.

1052(8) (III.) Letters held incompetent evidence, but harmless, where decree sustainable without them.-Marnik v. Cusack, 148 N. E. 42. Evidence as to whether complainant, seeking to have judgment set aside, had a defense, competent, but immaterial, where complainant not entitled to relief because served with summons, -Id.

1058(1) (Ind.App.) Exclusion of deposition of physician who examined insured held harmless.-Travelers' Ins. Co. v. Fletcher

1094 (3) (N.Y.) Court of Appeals cannot reverse judgment, unanimously affirmed by Aprellate Division, for refusal to direct verdict. -Bailey, Oot & Ryan v. Butcher, Tanner & Foster, 148 N. E. 537.

1094 (3) (N.Y.) On unanimous affirmance by Appellate Division of judgment of Court of Claims, review is limited to findings of fact made by Court of Claims.-Banner Milling Co. v. State, 148 N. E. 668.

← 1097(1) (11.) If lower court substantially See Judgment, ~266.
followed Supreme Court's directions after re-
mand, judgment must be affirmed.-Trustees of
Schools v. Hoyt, 148 N. E. 867.

Judgment of trial court, entered under mandate and direction of Supreme Court, is conclusive.-Id.

See Homicide.

See Municipal Corporations, 406-512; Taxation, 3632-494.

I. REQUISITES AND VALIDITY. (A) Property, Estates, and Rights Assignable.

25 (Mass.) Right to set aside a contract on ground of fraud is not assignable.-Mulready v. Pheeny, 148 N. E. 132.

119 (Mass.) Right of assignee of chose in action to bring action depends on law of forum.-Levenbaum v. Hanover Trust Co., 148 N. E. 227.

ASSIGNMENTS FOR BENEFIT OF
CREDITORS.

1177(1) (N.Y.) New trial will never be II. CONSTRUCTION ordered, where result in court below could not be altered.-Stillman v. Stillman, 148 N. E. 518.

1178(8) (N.Y.) New trial to enable plain-184 (Mass.) Assignee became trustee for tiff to allege and prove matter omitted from benefit of creditors.-B. B. Noyes Co. v. Balcomplaint held proper.-Trembath v. Berner, lard, 148 N. E. 807.

26 (N.Y.) On withdrawal of arbitrator See Work and Labor. from proceedings before all proofs heard, substitute arbitrator must be appointed as prerequisite to further proceedings.-Bullard v. Morgan H. Grace Co., 148 N. E. 559.

26 (N.Y.) Substitute arbitrator, to place of one resigning, need not be appointed, where case has been heard and practically de- See Garnishment. cided.-American Eagle Fire Ins. Co. v. New Jersey Ins. Co., 148 N. E. 562.

31 (N.Y.) Award given by two arbitrators, (A) Nature of Remedy, Causes of Action, in absence of third and of withdrawing party,

properly vacated. Bullard v. Morgan H. Grace19 (N.Y.) Mere rumor and suspicion conCo., 148 N. E. 559. necting party with wrongful trespass does not of warrant of attachment justify issuance against him.-Zenith Bathing Pavilion v. Fair Oaks S. S. Corporation, 148 N. E. 532.

935

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
V. LEVY, LIEN, AND CUSTODY AND DIS-
POSITION OF PROPERTY.

Co., 148 N. E. 185.

X. LIABILITIES

ON BONDS
TAKINGS.

II. PETITION, ADJUDICATION, WARRANT,
AND CUSTODY OF PROPERTY.

(D) Warrant and Custody of Property.

161 (N.Y.) Sheriff may be authorized to open debtor's safe deposit box in aid of attachment.-Carples v. Cumberland Coal & Iron 14 (1) (Mass.) Receiver liable personally for transactions outside of authority.-Shapiro v. Goldman, 148 N. E. 217. Trustee personally liable OR UNDER-15 (Mass.) may be sued without consent of bankruptcy 331 (Ind.App.) Surety by signing attach-court.-Shapiro v. Goldman, 148 N. E. 217. ment bond does not become participant in sheriff's seizure or detention of attached property. Summerland v. Automobile Funding Co., 148 N. E. 202.

Receiver or trustee not permitted by Bankruptcy Act to encroach on rights of strangers, nor are they exempt from action of state courts for wrongful acts.-Id. Objection of receiver to suit without consent Surety on attachment bond held not liable to owner for wrongful conversion by sheriff of at- of appointing court held waived.-Id. at receiver's tached automobile in such defendant's pos-117(1), (Mass.) Purchaser sale has right to confirmation from time propsession.-Id. erty was struck off to him.-Shapiro v. Goldman, 148 N. E. 217.

ATTORNEY AND CLIENT. See Amicus Curiæ; Criminal Law,

Trial,

129–133.

713-730;

I. THE OFFICE OF ATTORNEY.
(A) Admission to Practice.

7 (Ind.) Evidence held not to show that respondent resided in state sufficient length of time to entitle him to admission to bar.-In re De Benedetto, 148 N. E, 413.

(C) Suspension and Disbarment. ~44 (2) (III.) Attorney not justified in converting notes because of adverse circumstances. -People v. Grusd, 148 N. E. 860.

45 (Ill.) Attorney may be disbarred for gross misconduct in private capacity.-People v. Hoering, 148 N. E. 299.

46 (I.) Attorney's settlement with client, from whom he had converted property, would not preclude an inquiry into his acts.-People v. Grusd, 148 N. E. 860.

Weight to be given restitution by attorney of client's property is to be determined by facts in

each case.-Id.

Restitution, by attorney, of property converted from client, held not to warrant dismissal of the rule.-Id.

53(2)(III.) Evidence held to warrant disbarment.-People v. Hoering, 148 N. E. 299.

II. RETAINER AND AUTHORITY.

64 (N.Y.) Correspondence between firms of insurance attorneys, representing different companies, held not to show employment of one by the other.-Bailey, Oot & Ryan v. Butcher, Tanner & Foster, 148 N. E. 537.

Purchaser at sale by receiver in bankruptcy not required to complete contract till sale is confirmed.-Id.

Offer of property for sale third time by receiver released purchasers at former sales. -Id.

Receiver having abandoned sale cannot set up its validity after sale to another buyer.-Id. Sale of property to third buyer held binding contract, notwithstanding time given to make deposit.-Id.

Purchaser at sale demanding return of deposit held not to have refused without right to go_on with sale.-Id.

Buyer, although refusing to complete contract of purchase at receiver's sale, held not liable in damages unless resale was by court order on his account.-Id.

Receiver held to hold money deposited on sale price of property as trustee of depositor.-Id. Receiver had personal obligation to return deposit on sale price of property independent of duty as receiver.-Id.

Receiver or trustee seeking to establish claim in state court cannot prevent defense therein of receiver's personal liability for wrongful withholding money.-Id.

(C)

III. ASSIGNMENT, ADMINISTRATION,
AND DISTRIBUTION OF BANK-
RUPT'S ESTATE.

Preferences and Transfers by Bank-
rupt, and Attachments and
Other Liens.

receiving pay-
ment after knowledge of debtor's insolvency
secured preference.-Levenbaum v.
Trust Co., 148 N. E. 227.

166(4) (Mass.) Creditor

72 (N.Y.) Instruction, that burden was on attorneys, sued personally on contract employing other attorneys, to disprove failure of au-168 (Mass.) Trustee in thority, held error.-Bailey, Oot & Ryan v. Butcher, Tanner & Foster, 148 N. E. 537.

IV. COMPENSATION AND LIEN OF

ATTORNEY.
(B) Lien.

Hanover

bankruptcy had right to follow trust fund through creditor into creditor's bank.-Levenbaum v. Hanover Trust Co., 148 N. E. 227.

Right of trustee to avoid preferential payment held superior to equitable right of creditor's assignee.-Id.

(E) Actions by or Against Trustee.

189 (III.) Settlement by domiciliary administrator in Indiana for negligent death held not to entitle attorneys in Illinois suit to at-283 (Mass.) Receiver or trustee not pertorneys' lien.-Bremer v. Lake Erie & W. R. Co., 148 N. E. 241.

ATTORNEY GENERAL.

2 (N.Y.) Statute permitting Attorney General to appoint assistants without subjection to requirements of civil service commission held unconstitutional.-Ottinger v. Civil Service Commission, 148 N. E. 627.

AUTOMOBILES.

See Livery Stable and Garage Keepers.
BANKRUPTCY.

See Assignments for Benefit of Creditors.

V. RIGHTS, REMEDIES, AND DISCHARGE |ian lire.-Mondello v. Hanover Trust Co., 14S
OF BANKRUPT.
N. E. 136.

418(1) (Mass.) Discharge in bankruptcy is 192 (Mass.) Bank dealing in foreign excomplete legal defense to action on debt.-Fed-change held without authority to deny payment of properly indorsed and fully paid receipt iseral Nat. Bank v. Koppel, 148 N. E. 379. sued by it.-Augello v. Hanover Trust Co., 148 N. E. 138.

421 (5) (Ind.App.) Judgment for alimony is not "debt" within Bankruptcy Law, and is not released by discharge in bankruptcy.-Gilchrist v. Cotton, 148 N. E. 435.

Purchaser of Italian lire held entitled to actual delivery on payment of balance of purchase price or tender thereof.-Id.

433(7) (Ind.App.) Merger of original Bank which had not purchased or carried Italcause of action in judgment does not bring debt within oneration of discharge in bankruptcy-ian lire for purchaser held not entitled to charge interest.-Id. Gilchrist v. Cotton, 148 N. E. 435.

434 (Mass.) New promise to pay debt, to which discharge may be pleaded, is supported by old debt and debt is enforceable.-Federal Nat. Bank v. Koppel, 148 N. E. 379.

Bar of discharge in bankruptcy can be waived. -Id.

Promise to pay debt, made after adjudication, but before discharge, is enforceable.-Id.

Waiver of discharge in bankruptcy, as part of promise on which debt is founded, held not binding on promisor after adjudication.—Id.

Debt provable in bankruptcy is barred by discharge.-Id.

(E) Insolvency and Dissolution.

Purchaser of Italian lire on refusal of delivery held entitled to rescind and recover, money paid, demands for which were sufficient notice of election to rescind.-Id.

Evidence held to warrant finding of waiver of actual tender.-Id.

VI, LOAN, TRUST, AND INVESTMENT
COMPANIES.

312/2

[New, vol. 6A Key-No. Series] (Mass.) Approval of increase of capital stock of trust by commissioner of banks held not to make legal that which was defective.-Commissioner of Banks v. Cosmopolitan Trust Co., 148 N. E. 609.

Right to receive dividends and execute proxies held justifiable only on theory that one was stockholder.-Id.

Shareholders estopped to assert invalidity of

80 (2) (Mass.) Court may establish time shares.-Id.

for proof of claims against banks in posses-3122 [New, vol. 6A Key-No. Series] sion of commissioner.-In re Hanover Trust Co., 148 N. E. 130.

(Mass.) Alleged misrepresentations held not to make stock void.-Bittenbender v. 80 (9) (Mass.) Banking Act, as to distribu- Cosmopolitan Trust Co., 148 N. E. 619. tion of assets of banks to creditors proving 313 (Mass.) Demand on assistant secreclaims, construed in light of construction of tary on execution issued on judgment against federal National Bank Act.-In re Hanover corporation held sufficient.-Commissioner of Banks v. Cosmopolitan Trust Co., 148 N. E. Trust Co., 148 N. E. 130. 609.

Reservation of funds in decree for final dividend not required on account of deposits or claims not proved within time limited by decree.-Id.

Right to receive dividends and execute proxies held justifiable only on theory that one was stockholder.-Id.

Stockholders of trust company cannot defeat liability on ground that shares were irregularly issued.-Id.

Stockholders' liability is expressly made security for savings depositors.-Id.

Failure of bank commissioner formally to approve of increased capital stock of trust company held unavailing as defense to suit against stockholders.-Id.

Fraud inducing subscriptions to stock not defense to suit for stockholders' liability.—Id. Delivery of stock certificate to trust comrelieve holder of liability.-Id. pany not for purpose of transfer held not to

That defendant paid more for stock than original stockholders did not place him on footing different from them.-Id.

Defense that payment for stock was by note and not in cash held unavailing.—Id.

Defendant, not having subscribed for stock, nor knowing of certificate in her name, exonerated from stockholders' liability.—Id.

Claim of stockholders' liability against decedent barred by limitation.—Id.

Holders receiving certificates as gifts held liable.-Id.

Amount due from stockholders bears interest from date of notice that liability would be en

"Confirmed irrevocable letter of credit," "ir-forced.-Id. revocable letter," or "confirmed credit" defined.-Id.

313 (Mass.) Liability of stockholders in trust companies presumed to be part of basis on which deposits are made.-Bittenbender v. Cosmopolitan Trust Co., 148 N. E. 619.

Stockholders of record at time insolvent trust company is taken over by commissioner of banks cannot repudiate liability.-Id.

Presenting sight drafts against irrevocable letter of credit in December held compliance with letter of credit covering shipments of sugar from Java in August and September.-Id. In absence of fixed time for presentment law reads into letter of credit provision that sight 315(1) (Mass.) Facts held to create reladrafts were to be presented within reasonable time.-Id.

192 (Mass.) Statements of bank employé held not construable as waiver of tender of payment due under contract for purchase of Ital-I

tion of principal and agent between bank and customer for collection of checks deposited. -Salem Elevator Works v. Commissioner of Banks, 148 N. E. 220.

Condition of contract implied between trust

937

INDEX-DIGEST

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

company and depositor that former would continue to do its ordinary banking business according to custom.-Id.

317 (Mass.) Reservation of funds in decree for final dividend not required on account of deposits or claims not proved within time limited by decree.-In re Hanover Trust Co., 148 N. E. 130.

317 (Mass.) Interest not recoverable after commissioner of bank takes possession.-Augello v. Hanover Trust Co., 148 N. E. 138.

BILL OF EXCEPTIONS.

See Exceptions, Bill of.

BILLS AND NOTES.

I. REQUISITES AND VALIDITY.
(B) Form and Contents of Promissory
Notes and Duebills.

29 (Mass.) Maker ordinarily bound under
laws of place where note payable.---Banca Ital-
iana Di Sconto v. Columbia Counter Co., 148
N. E. 105.
(E) Consideration.

317 (Mass.) Commissioner of banks in collecting checks of customers for which bank acted as agent for collection only holds proceeds for benefit of true owner if traceable to 94 (2) (Mass.) Acceptance of note by payee any particular fund.-Salem Elevator Works in repayment of amount overpaid maker held sufficient consideration.-Banca Italiana v. Commissioner of Banks, 148 N. E. 220. Depositors of checks for collection only held Sconto v. Columbia Counter Co., 148 N, E. 105. authorized to follow proceeds thereof in absence of superior right.-Id.

What depositor of checks for collection must show to claim priority in proceeds thereof on bank's insolvency stated.-İd.

Facts held not to sustain finding that proceeds of checks deposited in trust company for collection only were traceable to particular fund.-Id.

no

317 (Mass.) Depositor held to show equity in fund superior to that of other depositors.-Yesner v. Commissioner of Banks, 148 N. E. 224.

When fund is made up wholly of fruits of fraud against a myriad of victims, fiction that remainder of fund is trust for single depositor is inapplicable.-Id.

Di

V. RIGHTS AND LIABILITIES ON INDORSE-
MENT OR TRANSFER.

(D) Bona Fide Purchasers.
370 (Mass.) Absence of consideration not
defense if plaintiff holder in due course.-Banca
Italiana_Di Sconto v. Columbia Counter Co.,
148 N. E. 105.

VI. PRESENTMENT, DEMAND, NOTICE,
AND PROTEST.

397 (N.Y.) Drawer, having right to expect
drafts to be paid when presented, was entitled
to notice of dishonor.-Mazukiewicz v. Hanover
Nat. Bank of City of New York, 148 N. E.
535.
VIII. ACTIONS.

Preference by one depositor, over other de-467 (2) (N.Y.) Allegation that plaintiff is positors of second class, held inapplicable.-Id. holder and owner of note sued on sufficient.Finding, that deposits of plaintiff could not Trembath v. Berner, 148 N. E. 729. be traced into particular fund, held supported by inferences from other facts found.-Id.

317 (Mass.) Facts held to establish no special equity in plaintiff over other depositors. -Central Automobile Tire Co. v. Commissioner of Banks, 148 N. E. 226.

Constructive trust in fund not established in favor of plaintiff.-Id.

317 (Mass.) Assignor held not necessary party in suit by assignee.-Levenbaum v. Hanover Trust Co., 148 N. E. 227.

317 (Mass.) Stockholder held without right to establish debt or gain priority as to funds in liquidation.-Bittenbender v. Cosmopolitan Trust Co., 148 N. E. 619.

LAWS.

497 (5) (Ind.App.) Maker's charge of fraud in procurement of notes threw burden on holder to aver and prove it was holder in due course. People's State Bank of Indianapolis v. Hall, 148 N. E. 486.

517 (Mass.) Finding that note was executed by maker's president held warranted.-Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105.

BONDS.

I. REQUISITES AND VALIDITY.

14 (Mass.) A bond imports a seal.--Mahoney v. U. S. Shipping Board Emergency Fleet Corporation, 148 Ñ. E. 454.

(1) (Ohio) "Bribery" completed receipt of money to influence official action.-Curtis v. State, 148 N. E. 834.

7 (Ohio) In a prosecution for bribery upon an indictment alleging a single offense state could properly introduce evidence of conspiracy to thwart justice.-Curtis v. State, 148 N. E. 834.

BRIDGES.

92 (Ohio) Supersedeas bond to stay judgment of conviction creates liability against sureties for performance of judgment of court of I. ESTABLISHMENT. CONSTRUCTION, AND common pleas to limit of penalty thereof.Dimmitt v. State, 148 N. E. 90.

IV. PROPERTY.

105 (Ind.App.) Illegitimate child inherits, if acknowledged at or after marriage.-Castor v. McDole, 148 N. E. 643.

Acknowledgment of illegitimate child, once made, not affected by denials.-Id.

MAINTENANCE.

25 (N.Y.) Evidence held sufficient to show that use of bridge leased to railway for switching was prohibited.-Niagara Falls International Bridge Co. v. Grand Trunk Ry. Co. of Canada, 148 N. E. 797.

BRIEFS.

See Appeal and Error, 758-766.