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

AND CUSTODY OF PROPERTY. Om 161 (N.Y.) Sheriff may be authorized to (D) Warrant and Custody of Property. open debtor's safe deposit box in aid of attachment.-Carples v. Cumberland Coal & Iron 114(1) (Mass.) Receiver liable personally

for transactions outside of authority--Shapiro Co., 148 N. E, 185.

v. Goldman, 148 N. E. 217. X. LIABILITIES ON BONDS OR UNDER-omi 15 (Mass.). Trustee personally liable TAKINGS.

may be sued without consent of bankruptcy C331 (Ind.App.) Surety by signing attach- court.--Shapiro v. Goldman, 148 N. E. 217. ment bond does not become participant in

Receiver or trustee not permitted by Banksheriff's seizure or detention of attached prop- ruptcy Act to encroach on rights of strangers, erty: -Summerland v. Automobile Funding Co., I nor are they exempt from action of state courts 148 N. E. 202.

for wrongful acts.-Id. Surety on attachment bond held not liable to

Objection of receiver to suit without consent owner for wrongful conversion by sheriff of at- of appointing court held waived.-Id. tached automobile in such defendant's pos- sale has right to confirmation from time prop

Om 117(1). (Mass.) Purchaser at receiver's session.-Id.

erty was struck off to him.-Shapiro v. GoldATTORNEY AND CLIENT.

man, 148 N. E. 217.

Purchaser at sale by receiver in bankruptcy See Amicus Curiæ; Criminal Law, 713-730; not required to complete contract till sale is Trial, 129-133.

confirmed.-10.

Offer of property for sale third time by re1. THE OFFICE OF ATTORNEY.

ceiver released purchasers at former sales. (A) Admission to Practice.

-Id. 7 (Ind.) Evidence held not to show that

Receiver having abandoned sale cannot set respondent resided in state sufficient length of up its validity after sale to another buyer.-Id. time to entitle him to admission to bar.-In re

Sale of property to third buyer held binding De Benedetto, 148 N. E, 413,

contract, notwithstanding time given to make

deposit.--Id. (C) Suspension and Disbarment,

Purchaser at sale demanding return of de

posit held not to have refused without right to Om 44 (2) (III.) Attorney not justified in con

go_on with sale.--Id. verting notes because of adverse circumstances.

Buyer, although refusing to complete con-People v. Grusd, 148 N. E. 860.

tract of purchase at receiver's sale, held not 45 (II.) Attorney may disbarred for liable in damages unless resale was by court gross misconduct in private capacity.--People order on his account.-Id. v. Hoering, 148 N. E. 299. E46 (11.) Attorney's settlement with client; price of property as trustee of depositor.--Id.

Receiver held to hold money deposited on sale from whom he had converted property, would not preclude an inquiry into his acts.--People deposit on sale price of property independent

Receiver had personal obligation to return v. Grusd, 148 N. E. 860. Weight to be given restitution by attorney of

of duty as receiver.-Id. client's property is to be determined by facts in in state court cannot prevent defense therein

Receiver or trustee seeking to establish claim each case.-Id. Restitution, by attorney, of property con

of receiver's personal liability for wrongful

withholding money.-Id. verted from client, held not to warrant dismissal of the rule.-Id. m53(2) (Ill.) Evidence held to warrant dis III. ASSIGNMENT, ADMINISTRATION, barment.-People v. Hoering, 148 N. E. 299.

AND DISTRIBUTION OF BANK

RUPT'S ESTATE, II. RETAINER AND AUTHORITY.

(C) Preferences and Transfers by BankOm64 (N.Y.) Correspondence between firms of

rapt, and Attachments and attorneys, representing different insurance

Other Liens. companies, held not to show employment of one by the other:-Bailey, Oot & Ryan v. Butcher, ment after knowledge of debtor's insolvency

mm 166(4) (Mass.) Creditor receiving pay. Tanner & Foster, 148 N. E. 537. Cm72 (N.Y.) Instruction, that burden was on

secured preference.--Levenbaum v. Hanover attorneys, sued personally on contract employ: em 168 (Mass.) Trustee in bankruptcy had

Trust Co., 148 N. E. 227. ing other attorneys, to disprove failure of authority, held error.–Bailey, Oot & Ryan v. right to follow trust fund through creditor into Butcher, Tanner & Foster, 148 N. E. 537.

creditor's bank.-Levenbaum v. Hanover Trust

Co., 148 N. E. 227.
IV. COMPENSATION

Right of trustee to avoid preferential pay-
IND LIEN OF
ATTORNEY.

ment held superior to equitable right of credi

tor's assignee.-Id. (B) Lien. Om 189 (!!!.) Settlement by domiciliary ad

(E) Actions by or Against Trustee. ministrator in Indiana for negligent death held not to entitle attorneys in Illinois suit to at- Cw283 (Mass.) Receiver or trustee not per. torneys' lien.-Bremer v. Lake Erie & W. R.mitted by Bankruptcy Act to encroach Co., 148 N. E. 241.

rights of strangers, nor are they exempt from

action of state courts for wrongful acts.ATTORNEY GENERAL.

Shapiro v. Goldman, 148 N. E. 217. (N.Y.) Statute permitting Attorney General to appoint assistants without subjec- | (F) Claims Against and Distribution of

Estate. tion to requirements of civil service commission held unconstitutional. -Ottinger v. Civilem315(2) (Ind.App.) Merger of judgment for Service Commission, 148 N. E. 627.

alimony in subsequent judgment held not to

make it provable in bankruptcy.-Gilchrist v. AUTOMOBILES.

Cotton, 148 N. E. 435. See Livery Stable and Garage Keepers.

w324 (111.) Amount of judgment allowing

claim payable, with interest thereon, if assets BANKRUPTCY.

are sufficient to pay all of bankrupt's debts.

Joseph T. Ryerson & Son v. Peden, 148 N. E. See Assignments for Benefit of Creditors. 849,

on

V. RIGHTS, REMEDIES, AND DISCHARGE lian lire.-Mondello v. Hanover Trust Co., 149 OF BANKRUPT.

N. E. 136. w418(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 eral Nat. Bank v. Koppel, 148 N. E. 379. of properly indorsed and fully paid receipt isOm421(5), (Ind.App.) Judgment for alimony sued by it.-Augello v. Hanover Trust Co., 148 is not "debt" within Bankruptcy Law, and is N. E. 138. not released by discharge in bankruptcy.-Gil

Purchaser of Italian lire held entitled to acchrist v. Cotton, 148 N. E. 435.

tual delivery on payment of balance of purchase m433(7) (Ind.App.) Merger of original price or tender thereof.-Id. cause of action in judgment does not bring debt Bank which had not purchased or carried Italwithin oneration of discharge in bankruptcy- ian lire for purchaser held not entitled to charge Gilchrist v. Cotton, 148 N. E. 435.

interest.--Id. 434 (Mass.) New promise to pay debt, to

Purchaser of Italian lire on refusal of delivery which discharge may be pleaded, is supported held entitled to rescind and recovery money paid, by old debt and debt is enforceable.-Federal demands for which were sufficient notice of Nat. Bank v. Koppel, 148 N. E. 379.

election to rescind.-Id. Bar of discharge in bankruptcy can be waived.

Evidence held to warrant finding of waiver of -Id.

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

VI, LOAN, TRUST, AND INVESTMENT Waiver of discharge in bankruptcy, as part of

COMPANIES. promise on which debt is founded, held not m3121/2 [New, vol. 6A Key-No. Series] binding on promisor after adjudication.-Id.

(Mass.) Approval of increase of capiDebt provable in bankruptcy is barred by tal stock of trust by commissioner of banks discharge.-Id.

held not to make legal that which was defec

tive.-Commissioner of Banks v. Cosmopolitan BANKS AND BANKING.

Trust Co., 148 N. E. 609. II. BANKING CORPORATIONS AND

Right to receive dividends and execute prox

ies held justifiable only on theory that one was ASSOCIATIONS.

stockholder.--Id. (E) Insolvency and Dissolution.

Shareholders estopped to assert invalidity of 80(2) (Mass.) Court may establish time shares.-Id. for proof of claims against banks in posses-w31242 [New, vol. 6A Key-No. Series] sion of commissioner.-In re Hanover Trust

(Mass.). Alleged misrepresentations Co., 148 N. E. 130.

held not to make stock void.-Bittenbender v. On 80(9) (Mass.) Banking Act, as to distribu- Cosmopolitan Trust Co., 148' N. E. 619. tion of assets of banks to creditors proving On 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 Trust Co., 148 N. E. 130.

Banks v. Cosmopolitan Trust Co., 148 N. E. Reservation of funds in decree for final divi- | 609. dend not required on account of deposits or

Right to receive dividends and execute proxclaims not proved within time limited by de- ies held justifiable only on theory that one was cree.-Id.

stockholder.-Id.

Stockholders of trust company cannot defeat III. FUNCTIONS AND DEALINGS. liability on ground that shares were irregularly (B) Representation of Bank by Officers issued.-Id. and Agents.

Stockholders' liability is expressly made seen Ill (Mass.) Bank's agent authorized to curity for savings depositors.-Id. sell Italian lire held authorized to make repre

Failure of bank commissioner formally to sentations concerning time for delivery.-Augel- approve of inereased capital stock of trust lo v. Hanover Trust Co., 148 N. E. 138.

company held unavailing as defense to suit

against stockholders.-Id. (C) Deposits.

Fraud inducing subscriptions to stock not de

fense to suit for stockholders' liability.-Id. em 127 (Mass.) When title to checks received on deposit passes to bank stated. --Salem Eleva pany not for purpose of transfer held not to

Delivery of stock certificate to trust comtor Works v. Commissioner of Banks, 148 N. relieve holder of liability.--Id. E. 220. (D) Collections.

That defendant paid more for stock than

original stockholders did not place him on cm 156 (Mass.) When bank agent only for footing different from them.-Id. customer in collection of checks deposited Defense that payment for stock was by note stated.Salem Elevator Works v. Commis- and not in cash held unavailing.--Id. sioner of Banks, 148 N. E. 220.

Defendant, not having subscribed for stock,

nor knowing of certificate in her name, ex(F) Exchange, Money, Securities, and In- onerated from stockholders' liability.--Id.

Claim of stockholders' liability against deceOm 191 (N.Y.) Promise to pay letter of credit dent barred by limitation.--Id. is implied or inferred from statement that cred Holders receiving certificates as gifts held it has been established and is irrevocable. liable.-Id. Lamborn v. National Park Bank of New York, Amount due from stockholders bears interest 148 N. E. 664.

from date of notice that liability would be en"Confirmed irrevocable letter of credit," "ir- forced.--Id. revocable letter," or "confirmed credit" de-aww 313 (Mass.) Liability of stockholders in fined.--Id.

trust companies presumed to be part of basis Presenting sight drafts against irrevocable on which deposits are made.-Bittenbender v. letter of credit in December held compliance Cosmopolitan Trust Co., 148 N. E. 619. with letter of credit covering shipments of su Stockholders of record at time insolvent trust gar from Java in August and September.-Id. company is taken over by commissioner of

In absence of fixed time for presentment law banks cannot repudiate liability.-Id. reads into letter of credit provision that sightC315(1) (Mass.) Facts held to create reladrafts were to be presented within reasonable tion of principal and agent between bank and time.-Id.

customer for collection of checks deposited. Cmo 192 (Mass.) Statements of bank employé --Salem Elevator Works v. Commissioner of held not construable as waiver of tender of pay-Banks, 148 X. E. 220. ment due under contract for purchase of Ital. Condition of contract implied between trust

vestments.

no

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER company and depositor that former would con

BILL OF EXCEPTIONS. tinue to do its ordinary banking business according to custom.-Id.

See Exceptions, Bill of. Om317 (Mass.) Reservation of funds in decree for final dividend not required on account of

BILLS AND NOTES. deposits or claims not proved within time I. REQUISITES AND VALIDITY. limited by decree.--In re Hanover Trust Co.,

(B) Form and Contents of Promissory 148 N. E. 130.

Notes and Duebills. cm317 (Mass.) Interest not recoverable after em 29 (Mass.) Maker ordinarily bound under commissioner of bank takes possession. ---Augel- laws of place where note payable.- Banca Itallo v. Hanover Trust Co., 148 N. E. 138. w317 (Mass.) Commissioner of banks in col-iana Di Sconto v. Columbia Counter Co., 148

N. E. 105. lecting checks of customers for which bank

(E) Consideration. acted as agent for collection only holds proceeds for benefit of true owner if traceable to m94(2) (Mass.) Acceptance of note by payee any particular fund.-Salem Elevator Works in repayment of amount overpaid maker held

Di v. Commissioner of Banks, 148 N. E. 220.

sufficient consideration.-Banca Italiana Depositors of checks for collection only held Sconto v. Columbia Counter Co., 148 N. E. 105. authorized to follow proceeds thereof in ab

V. RIGHTS AND LIABILITIES ON INDORSEsence of superior right.-Id.

MENT OR TRANSFER. What depositor of checks for collection must show to claim priority in proceeds thereof on

(D) Bona Fide Purchasers. bank's insolvency stated.-Id.

370 (Mass.) Absence of consideration not Facts held not to sustain finding that pro- defense if plaintiff holder in due course.-Banca ceeds of checks deposited in trust company for Italiana Di Sconto v. Columbia Counter Co., collection only were traceable to particular 148 N. E. 105. fund.--Id. 317. (Mass.) Depositor held to show

VI. PRESENTMENT, DEMAND, NOTICE,

AND PROTEST. equity in fund superior to that of other depositors.--Yesner v. Commissioner of Banks, m397 (N.Y.) Drawer, baring right to expect 148 N. E. 224.

drafts to be paid when presented, was entitled When fund is made up wholly of fruits of to notice of dishonor.-Mazukiewicz v. Hanover fraud against a myriad of victims, fiction that Nat. Bank of City of New York, 148 N. E. remainder of fund is trust for single depositor | 535. is inapplicable.--Id.

VIII. ACTIONS, Preference by one depositor, over other de- Cw467 (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 Omw497(5) (Ind.App.) Maker's charge of fraud by inferences from other facts found.-Id.

in procurement of notes threw burden on holder 317 (Mass.) Facts held to establish no to aver and prove it was holder in due course, special equity in plaintiff over other depositors. -People's State Bank of Indianapolis v. Hall, Central Automobile Tire Co, v. Commission- 148 N. E. 486. er of Banks, 148 N. E. 226.

Cw517 (Mass.) Finding that note was executConstructive trust in fund not established in ed by maker's president held warranted.-Banca favor of plaintiff.-Id.

Italiana Di Sconto v. Columbia Counter Co., Omw317 (Mass.) Assignor held not necessary 148 N. E. 105. party in suit by assignee.-Levenbaum v. Han

BONDS. over Trust Co., 148 N. E. 227.

1. REQUISITES AND VALIDITY. ww317 (Mass.) Stockholder held without right to establish debt or gain priority as to cw14 (Mass.) A bond imports a seal.—Mafunds in liquidation. Bittenbender y. "Cosmo- honey v. U. S. Shipping Board Emergency Fleet politan Trust Co., 148 N. E. 619.

Corporation, 148 N. E. 454.
BASTARDS.

BOUNDARIES.

II. EVIDENCE, ASCERTAINMENT, AND I. ILLEGITIMACY IN GENERAL.

ESTABLISHMENT. 3 (N.Y.) Child born during marriage is 33 (Ind. App.) When presumption obtains presumptively legitimate.-Stillman v. Stillman, that vendor intended to convey to center of 148 N. E. 518.

highway stated.-Woolverton v. Miller, 148 N. On7 (N.Y.) Court had no jurisdiction to de- | E. 621. termine legitimacy of child, where divorce ac Description in deed held not to overcome pretion by husband was dismissed.-Stillman vi i sumption grantor intended to convey realty to Stillman, 148 N. E. 518.

center of highway.--Id. Om 8 (Ind.App.) Instruction limited statements as to legitimation to questions of mar

BRIBERY, riage and birth.-Castor v. McDole, 148 N. E.ml(i) (Ohio) "Bribery” completed receipt 643. 13 (Ind.App.) Statute does not require ac

of money to influence official action.-Curtis v. knowledgment to be made after marriage.-Cas. State, 148 N. E. 834. tor v. McDole, 148 N. E. 643.

Cams? (Ohio) In a prosecution for bribery upon

an indictment alleging a single offense state III. PROCEEDINGS UNDER BASTARDY

could properly introduce evidence of conspirLAWS.

acy to thwart justice.-Curtis v. State, 148 N.

E. 834. Em92 (Ohio) Supersedeas bond to stay judg

BRIDGES. ment of conviction creates liability against sureties for performance of judgment of court of 1. ESTABLISHMENT, CONSTRUCTION, AND

MAINTENANCE. common pleas to limit of penalty thereof.-Dimmitt v, State, 148 N. E. 90.

ww25 (N.Y.) Evidence held sufficient to show

that use of bridge leased to railway for switchIV. PROPERTY.

ing was prohibited.-Niagara Falls Internationw 105 (Ind.App.) Illegitimate child inherits, ada, 148 N. E. 797.

al Bridge Co. v. Grand Trunk Ry, Co. of Canif acknowledged at or after marriage.--Castor V. McDole, 148 N. E, 643. Acknowledgment of illegitimate child, once

BRIEFS. made, not affected by denials.-Id.

See Appeal and Error, Om758–766.

BROKERS.

route served by two other bus lines, interurban See Factors.

line and two steam railroads must show, stat

ed.--Cincinnati Traction Co. v. Public Utilities 1. REGULATION AND CONDUCT OF BUSI- Commission of Ohio, 148 N. E. 921. NESS IN GENERAL.

Om 18(6) (Mass.) Act held not to prevent (N.Y.) Statute prohibiting splitting of private remedy, where nature of wrong war. commissions on realty transactions became ef- rants such course.- New York, N. H. & H. R. fective October 1, 1922.-J. L. Holding Co. v. Co. v. Deister, 148 N. E. 590. Reis, 148 N. E. 623.

(B) Interstate and International TransIII. DUTIES AND LIABILITIES TO

portation. PRINCIPAL.

Cm26 (III.) Fixing of rates by Interstate Com24(1), (Mass.) Refusal to deliver on cus merce Commission establishes that they are tomer's demand stocks held on margin, free reasonable, and not discriminatory.-Davis v. from claim, establishes liability to pay fair Keystone Steel & Wire Co., 148 N. E. 47. market value.-Pizer v. Hunt, 148 N. E. 801. Cm 30 (II.) Demurrage charges held properly w26 (Mass.) Legal title to stocks held on included in schedule filed with Interstate Commargin account is in broker.- Pizer v. Hunt, merce Commission and published.-Davis v. 148 N. E. 801.

Keystone Steel & Wire Co., 148 N. E. 47. Ew37 (Mass.) Nature of declaration against Cw35 (111.) Parties cannot by agreement alter stockbroker for refusal to deliver stocks held traffic schedules as filed and published.-Davis on margin stated.-Pizer v. Hunt, 148 N. E. v. Keystone Steel & Wire Co., 148 N. E. 47. 801.

II. CARRIAGE OF GOODS, Finding held to support recovery on account annexed.--Id.

(E) Delay in Transportation or Delivery.

em 100(1) (111.) Strike cannot exempt from IV. COMPENSATION AND LIEN.

payment of demurrage charges.-Davis v. Keycm 66 (N.Y.) Agreement between party to stone Steel & Wire Co., 148 N. E. 47. exchange of realty and broker for other party to split commissions not inherently illegal.-J.

(J) Charges and Liens. L. Holding Co. v. Reis, 148 N. E. 623.

Om 194 (Ohio) Carrier held justified under Agreement between party to exchange of facts in collecting from consignee freight and land and broker for other party to split com- demurrage charges after reshipment.-Pennsylmissions held supported by consideration.—Id. vania R. Co. v. Rice Coal Co., 148 N. E. 349.

Agreement between party to exchange of land and broker for other party to split com

IV. CARRIAGE OF PASSENGERS, missions held not to violate statute.--Id.

(D) Personal Injuries. Statute prohibiting splitting of commissions ma 280 (1) (Ind.App.) Carrier has duty of orgiven a reasonable and fair construction.-Id.

dinary care to protect passenger from injury. CANCELLATION OF INSTRUMENTS. -Terre Haute, Indianapolis & Eastern Trac

tion Co. v. Scott, 148 N. E. 335. I. RIGHT OF ACTION AND DETEYSES. Om4 (111.) Courts of equity have jurisdiction

CERTIORARI. to set aside deeds for fraud.-Penkala v. Tom

I. NATURE AND GROUNDS. czyk, 148 N. E. 64. Cmw 14 (II.) Legal remedy of ejectment does Cm 12 (N.Y.) Order of certiorari appropriate not deprive equity of jurisdiction to set aside only to review judicial action of inferior courts fraudulent deed. -- Penkala v. Tomczyk, 148 N. E. or public officers or bodies.-Long Island R. 64.

Co. v. Hylan, 148 N. E. 189. Cuo24(2), (III.) Return of earnest money not Em 2! (N.Y.) Order of certiorari appropriate prerequisite to suit to set aside deed unlawfully only to review judicial action of inferior courts appropriated.-Penkala v. Tomczyk, 148 N. E. for public officers or bodies.-Long Island R. 64.

Co. v. Hylan, 148 N. E. 189.
CARRIERS.

No useful purpose served in reviewing leg

islative action of public body in attempting to I. CONTROL AND REGULATION OF exercise judicial functions, as such attempted COMMON CARRIERS,

action is void.--Id. (A) In General.

ww28(3) (N.Y.). Courts will not give validity ww8 (Mass.) Operation of motor busses or

to attempted action of public body acting with. coaches held "transporting passengers for hire

out jurisdiction.—Long Island R, Co. y. Hylan,

148 N. E. 189. as a business between fixed and regular termini,” within statute.- New York, N. H. & H. R. Co. v. Deister, 148 N. E. 590.

CHAMPERTY AND MAINTENANCE. Operation of motor busses without license (m5(6) (Ind.App.) Sale of real estate by tenconstitutes nuisance.-Id.

ant in common to her lawyer in partition suit Cwm8 (Ohio) Certificate of convenience and ne- held not champertous.-Lind v. Douglas, 148 N. cessity is revocable license, conferring no prop- E. 497. erty rights.-Scheible v. Hogan, 148 N. E. 581.

CHARITIES. Right to revoke certificate of convenience and necessity applies to certificate issued on affida- 1. CREATION, EXISTENCE, AND VALIDITY. vit prior to April 28, 1923, and certificate is. Cal (Mass.) Founder of charity may fix and sued on application thereafter.-Id.

define its nature.—Trustees of Andover TheoOrder revoking certificate of convenience and logical Seminary v. Visitors of Theological necessity may be entered upon good cause Inst. in Phillips Academy in Andover, 148 N. shown upon notice.-Id.

E. 900. Cw8 (Ohio) Motor equipment not required by ww 13 (Mass.) Donor may give property in Motor Transportation Act to be owned by trust to maintain Christian doctrine and to transportation company.-Northern Ohio Trac- extend particular Christian denomination. tion & Light Co. v. Public Utilities Commis- Trustees of Andover Theological Seminary v. sion, 148 N. E. 581.

Visitors of Theological Inst. in Phillips AcadeApplication to alter route or change number my in Andover, 148 N. E. 900. of vehicles heard only in accordance with notice prescribed.--Id.

II. CONSTRUCTION, ADMINISTRATION, 8 (Ohio).What evidence in application of

AND ENFORCEMENT. motor bus company for certificate of public Cw31 (Mass.) First donors for establishment convenience and necessity to compete along l of theological seminary founders in technical

For cases in Doc.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER sense.- Trustees of Andover Theological Semi: Ication to have been made subject to visitatorial nary v. Visitors of Theological Inst. in Phil-powers.-Id. lips Academy in Andover, 148 N. E. 900.

Visitors of theological seminary held, under No incompatibility in making gifts to existing facts, to have jurisdiction touching seminary as educational corporation and at same time be-/ entity.-Id. coming founders of new department.-Id. Visitors of theological seminary held to have Om 36 (Mass.) Nature of institution as declar- supervision and control of decision as to whethed by founders is single end to be sought.- er seminary would consolidate with divinity Trustees of Andover Theological Seminary v. school of college.-Id. Visitors of Theological Inst. in Phillips Acade Trustees authorized by statute to receive gifts my in Andover, 148 N. E. 900.

to academy subject to conditions imposed by Plan of closer affiliation of theological semi-donors.-Id. nary with divinity school of college held, under Visitors of theological seminary not restrictfacts, not to conform to purposes of founders ed to single annual visitation.-id. of seminary.-Id.

Annual meeting of visitors not kept alive by Findings held not to show that plan of closer successive adjournments.--Id. Ilfliliation of seminary with divinity school was Meeting of visitors of seminary as visitation in conformity to purposes of founders of semi- not improper.--Id. pary.-Id.

Meeting of visitors at point other than semiImpracticability of execution of charitable nary held not to invalidate it.-Id. trust held not to authorize trustees to make Failure to conform to provision limiting ofdifferent disposition.-Id.

fice of visitors to those under 70 years of age Approval of earlier plan of affiliation of sem not fatal to acts performed by them.--Id. inary with divinity school by visitors held not Provision prescribing age limit of visitor of to require approval of plan of closer affiliation. theological seminary held directory:--Id. Id.

Visitors as corporation held to have funcGenerally no length of time of diversion of tioned with majority of members.-Id. charity will prevent its restoration to true pur Election of visitors to succeed retiring mempose.-Id.

ber held not to affect validity of visitors' proConstruction placed on charitable foundation ceedings.-Id. of doubtful meaning by administrators entitled Vote of visitors to end that controversy be to weight.-Id.

presented to court held not vote expensive as to Cm37 (Mass.) When purpose of charity is im- merits of plan.-Id. practicable of execution, it may be directed into Visitors of theological seminary not estopped other channels under doctrine of cy pres.-Trus- from considering plan of closer affiliation of tees of Andover Theological Seminary y. Visi- seminary with divinity school.-Id. tors of Theological Inst. in Phillips Academy in Jurisdiction of visitors of theological semiAndover, 148 N. E. 900.

nary to consider plan of closer affiliation with Doctrine of cy pres administered only by divinity school not affected because officers court of equity.-Id.

of latter not summoned to hearing.-Id. Public charity, no longer capable of adminis. Cum 45(2) (N.Y.) Public charitable university tration according to foundation, can be changed immune from liability for errors of professors to new purpose.-Id.

or instructors or other members of its staff 43 Mass.) Ordinary exercise of visitatori- of teachers.-Hamburger v. Cornell University, al powers, if founded on evidence, not reviewed 148 N. E, 539. by courts.-Trustees of Andover Theological

Public charitable university held. not liable Seminary v. Visitors of Theological Inst. in for negligence of instructors in fulfillment of Phillips Academy in Andover, 148 N. E. WO.

duties incidental to teaching function.-10. Duty of court as to visitors acting within gen Trust fund theory does not obtain in New eral jurisdiction is to prevent act contrary to York.--Id. law.-Id.

Degree of care and diligence which hospital Generally decision of visitor within his powers or university owes to its patients or students not subject to legal or equitable examination. stated.-Id. -Id.

Duty of care and diligence owing by hospital Determination of visitors of seminary must or university to patients or to students cannot stand, if supported by evidence.-Id.

be less than appropriate investigation of charAppeal from determination or decree of visi- acter and capacity of agencies of service.--Id. tors of theological seminary expressly author Duty of care and diligence to patients or stuized by statute.--Id.

dents of hospital or university devolves upon Powers of visitors of theological seminary corporation itself, and cannot be delegated or held sufficiently broad to invoke chancery to

surrendered.-Id. enforce intentions of founders.--Id.

Party asserting incompetent selection of in44 (Mass.) Visitors of foundation required structors or employees held to have burden of to see there was no deviation in management establishing that fact.-Id. from declared purpose of founders.- Trustees Evidence held not to show incompetency of of Andover Theological Seminary v. Visitors of employees selected by university in chemical Theological Inst. in Phillips Academy in And- laboratory storeroom.-Id. over, 148 N. E. 900.

Evidence held not to show negligence of emFounders had common-law right to become ployee of university in handling chemicals for visitors or appoint others so to act.-Id.

use in experiments by students.--Id. Visitatorial powers deemed to reside in in- m49 (Mass.) Suit held not one where Attorcorporators in corporate character, unless such ney General alone authorized to sue to enforce power is reserved to founders.-Id.

charitable trust.–Trustees of Andover TheoAct incorporating trustees as visitors held not logical Seminary v. Visitors of Theological Inst. inconsistent with acceptance by them of funds in Phillips Academy in Andover, 148 N. E. 900. in new corporation with visitatorial powers in

Attorney General has prerogative to repreothers.-Id.

sent public in proceeding to determine whether Visitors endowed by founders with powers

there has been improper use of public trust. and duties inherent in such body under com

-Id. mon law.-Id.

m50 (Mass.) Cost of visitors of theological Rule that general words at conclusion of seminary to be paid out of general funds of specifications are to be restrained to incidental seminary.—Trustees of Andover Theological matters ejusdem generis held inapplicable.--Id.

Seminary y. Visitors of Theological Inst. in Visitors of theological seminary, when creat- Phillips Academy in Andover, 148 N. E. 900. ed, held to be visitors of institution, and not of particular donations.-Id.

CHILDREN. Gifts to theological institution held by impli-) See Infants; Parent and Child.

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