in General. (D) Injuries to Licensees or Trespassers | 183 (Mass.) Action treated as against defendant as receiver.-French v. Kemp, 148 N. E. 442. 276(1) (III.) Duty to refrain from willful ly or wantonly injuring trespasser.-Bremer v. Lake Erie & W. R. Co., 148 N. E. 862. Duty to trespasser stated.-Id. Company liable to trespasser for gross negligence equivalent to wantonness.-Id. Declaration not alleging leave of court to sue receiver held demurrable.-Id. 186 (Mass.) Personal liability may be adjudged against receiver in action against him as receiver.-Shapiro v. Goldman, 148 N. E. 217. VII. ACCOUNTING AND COMPENSATION. Duty to trespasser before knowledge of presence is not to cause willful injury.-Id. Duty to trespasser applies to any one of gen-200 (Ohio) Parties invoking appointment eral public.-Id. 282(10) (III.) Gross negligence, evidencing willfulness or wantonness, held for jury.Bremer v. Lake Erie & W. R. Co., 148 N. E. 862. (F) Accidents at Crossings. ~~312(15) (Ind.App.) Other than statutory signals may be required.-Pittsburg, C., C. & St. L. R. Co. v. Rushton, 148 N. E. 337. 344 (1) (Ind.App.) Complaint held to show duty not to injure traveler on highway.-Pittsburg, C., C. & St. L. R. Co. v. Rushton, 148 N. E. 337. 344(1) (Ind.App.) Complaint for negligence held sufficient to withstand demurrer.-Campbell v. Payne, 148 N. E. 674. 351(9) (Ind.App.) Instruction on duty to give statutory signals held not error.-Pittsburg, C., C. & St. L. R. Co. v. Rushton, 148 N. E. 337. 18 (111) Two persons cannot jointly be guilty of rape apart from statute, except as accessory and principal.-People v. Richie, 148 N. E. 265. Evidence of distinct offenses held not to show concert of action sustaining conviction.-1d. II. PROSECUTION AND PUNISHMENT. (C) Trial and Review. of receiver by showing necessity therefor not personally liable for receiver's commissions and expenses of administration, in absence of circumstances creating liability; compensation of receiver and expenses of administration ordinarily payable from corpus of property.-Richey v. Brett, 148 N. E. 92. RECEIVING STOLEN GOODS. ~7(1) (Ind.) Affidavit for buying and concealing stolen property, knowing it to be stolen, sufficient.-Blum v. State, 148 N. E. 193. 8(3) (Ind.) Evidence sufficient to sustain conviction for buying property, knowing it to be stolen.-Blum v. State, 148 N. E. 193. RECORDS. See Appeal and Error, 500-706; Criminal 9(1) (III.) Proceeding for registration of land title is chancery proceeding.-Wyman v. Hageman, 148 N. E. 852. 9(5) (III.) In proceedings for registration of land title, court has power under statute to order restoration of lost deed, which is basis of title or interest of one of parties to proceeding.-Wyman v. Hageman, 148 N. E. 852. REFERENCE. See Arbitration and Award. I. NATURE, GROUNDS, AND ORDER OF 59 (19) (Ohio) Refusal to charge that if, when female refused consent, accused abandon-8(1) (N.Y.) Compulsory reference not ored purpose, it was not assault with intent to rape, held reversible error; refusal to charge that testimony must show accused's purpose at time of assault and intention to use force to overcome female's resistance held reversible error.-Gross weiler v. State, 148 N. E. 89. dered on showing that several items of an account will become centers of independent controversy-Brooklyn Public Library v. City of New York, 148 N. E. 637. Plaintiff held not entitled to compulsory reference.-Id. 8(6) (N.Y.) Reference not justified, because defendant had put plaintiff to its proofs. -Brooklyn Public Library v. City of New York. 148 N. E. 637. 27 (N.Y.) Plaintiff has burden of satisfying court that something more than mere examination of a long account will be involved.Brooklyn Public Library v. City of New York, 148 N. E. 637. REFORMATION OF INSTRUMENTS. I. RIGHT OF ACTION AND DEFENSES. 8 (Ind.App.) One dollar sufficient consideration for assignment to justify reformation. -Hay v. Billeter. 148 N. E. 159. 82 (Ind.App.) Powers of receiver stated.-16 (Mass.) When equity may reform writDavis v. Roach, 148 N. E. 498. ten agreement stated.-Barrell v. Britton, 148 Rules governing rights of receivers are of eq- N. E. 134. uitable origin.-Id. VI. ACTIONS. 167 (Ind.App.) Receiver cannot maintain action in which granting of relief sought would place creditor having an equity in a worse condition.-Davis v. Roach, 148 N. E. 498. Receiver of insolvent held not entitled to maintain action against defendant on theory that defendant had fraudulently procured extension of credit to insolvent.-Id. 17(1) (Ind.App.) That assignment by insured was as collateral security instead of absolute was mistake of fact.-Hay v. Billeter, 148 N. E. 159. 17(2) (Ind.App.) Mistake of draftsman of instrument could be reformed whether one of law or fact.-Hay v. Billeter, 148 N. E. 159. 19(1) (Mass.) When party entitled to reformation of contract on ground of "mistake" stated.-Barrell v. Britton, 148 N. E. 134. II. PROCEEDINGS AND RELIEF. may 183 (Ind.App.) Complaint, proceeding on erroneous theory as to receiver's right to main-44 (Ind.App.) Parol negotiations tain action, could not be amended to make same be shown to reform written instruments for good.-Davis v. Roach, 148 N. E. 498. mutual mistake.-Hay v. Billeter, 148 N. E. 159. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER REMOVAL OF CAUSES. VI. PROCEEDINGS TO PROCURE AND EF. for buyer's breach would lie.-Bradley Lumber & Mfg. Co. v. Cutler, 148 N. E. 101. 177 (N.Y.) Unjustified refusal of buyer to too late constituted breach of contract by buyaccept tender of goods on ground it was made er.-Sidney Blumenthal & Co. v. S. M. Gallert & Co., 148 N. E. 215. 88 (Mass.) Bond lacking essential element of seal not amenable after expiration of time limited.-Mahoney v. U. S. Shipping Board Emergency Fleet Corporation, 148 N. E. 454. 182(1) (Mass.) Whether breach serious Instrument intended for bond not supplanted enough to justify defendants in refusing further after time expired by good bond over objection performance is question of fact for jury. of opposing party.-Id. 89(1) (Mass.) Judicial Code is mandatory Bradley Lumber & Mfg. Co. v. Cutler, 148 N. as to filing accompanying bond for removal of case.-Mahoney v. U. S. Shipping Board Emer-182(3) (Mass.) Buyer's acceptance of slow gency Fleet Corporation, 148 N. E. 454. deliveries of lumber held for jury on question Filing bond within time limited is condition of waiver of its right to rescind for seller's precedent. Id. breach.-Bradley Lumber & Mfg. Co. v. Cutler, 148 N. E. 101. 89(2) (Mass.) Decision of question of law must be made by Supreme Judicial Court.Mahoney v. U. S. Shipping Board Emergency Fleet Corporation, 148 N. Ě. 454. Disputed questions of fact tried in federal court. Id. State court has duty to consider and adjudicate whether on face of record case ought to be removed.-Id. E. 101. VI. WARRANTIES. 274 (N.Y.) Seller of condensed milk liable J. Aron & Co. v. Sills, 148 N. E. 717. on warranty that it is of merchantable quality. VII. REMEDIES OF SELLER. (E) Actions for Price or Value. 342 (N.Y.) Passing of title necessary before action on contract of sale.-Zimmerman v. Roessler & Hasslacher Chemical Co., 148 N. E. 659. 89 (3) (Mass.) State court subject to review by U. S. Supreme Court, has duty to consider and adjudicate whether on face of record case ought to be removed.-Mahoney v. U. S. Shipping Board Emergency Fleet Corpo-353(1) (N.Y.) Complaint for purchase ration, 148 N. E. 454. REPLEVIN. IV. PLEADING AND EVIDENCE. price of German marks held not to state cause of action.-Zimmerman v. Roessler & Hasslacher Chemical Co., 148 N. E. 659. (F) Actions for Damages. 69(4) (Ind.App.) Any evidence tending to 370 (N.Y.) Seller held entitled to show plaintiffs were not entitled to possession of property involved held admissible under general denial.-People's State Bank of Indianapolis v. Hall, 148 N. E. 486. II. CONSTRUCTION OF CONTRACT. 79 (N.Y.) Delivery of goods not specified must be made at vendor's place of business before agreed date.-Zimmerman v. Roessler & Hasslacher Chemical Co., 148 N. E. 659. 81 (4) (Mass.) Seller of lumber excused from performance if causes for delay in deliveries were beyond its control.-Bradley Lumber & Mfg. Co. v. Cutler, 148 N. E. 101. treat buyer's unjustified refusal to accept tender of goods as abandonment of contract, and to sue for damages occasioned thereby.-Sidney Blu menthal & Co. v. S. M. Gallert & Co., 148 N. E. 215. Buyer's nonacceptance of seller's offer to keep contract alive, on condition buyer retract unjustified objection to tender theretofore made, held to entitle seller to damages, on proof of ability and willingness to perform.-Id. 371 (N.Y.) Buyer's election to abandon contract dispensed with seller's necessity to give notice of rescission.-Sidney Blumenthal & Co. v. S. M. Gallert & Co., 148 N. E. 215. 382 (Mass.) Computations of witness based in part on lumber manufactured before contract was made held relevant and material.-Bradley Lumber & Mfg. Co. v. Cutler, 148 N. E. 101. 384 (1) (Mass.) Duty of seller of lumber to mitigate damages on buyer's breach did not require consideration of price paid by buyer's customer.-Bradley Lumber & Mfg. Co. v. Cutler, 148 N. E. 101. 388 (Mass.) Charge that if seller of lumber treated buyer fairly with reference to other customers, it did its duty to buyer held without error.-Bradley Lumber & Mfg. Co. v. Cutler, 148 N. E. 101. Request relating to buyer's customer canceling contract with buyer properly refused.-Id. VIII. REMEDIES OF BUYER. (A) Recovery of Price. Conditions held not to be such that buyer of lumber could repudiate contract.-Id. ~81(4) (N.Y.) Contract construed as allow-396 (N.Y.) Plaintiff not entitled to recoving 20 days after date named for delivery, to sale of grapes, under complaint alleging breach er deposit for breach of substituted contract in make delivery, failure of which in event of strikes, etc.. released both parties.-Sidney of original contract.-Brocia v. F. Romeo & Blumenthal & Co. v. S. M. Gallert & Co., 148 Co., 148 N. E. 331. N. E. 215. 88 (Mass.) Amount of lumber ordered and amount appropriated to contract held questions of fact for jury.-Bradley Lumber & Mfg. Co. v. Cutler, 148 N. E. 101. iv. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of Goods. 170 (Mass.) If seller's failure to furnish lumber did not go to root of contract, action (C) Actions for Breach of Contract. 413 (N.Y.) Plaintiff not entitled to recover damages for breach of substituted contract in sale of grapes under complaint alleging breach of original contract.-Brocia v. F. Romeo & Co., 148 N. E. 331. 418(3) (N.Y.) Damages, for failure of seller to deliver held determined by market price at time shipment should have arrived.-Schopflocher v. Zimmerman, 148 N. E. 660. (D) Actions and Counterclaims for Breach | Weatherford v. School Directors of Dist. No. 7, of Warranty. 48 N E. 244. V. 442 (16) (Mass.) Measure of damages for 159 (III.) Directors of common school dissale of misbranded apples not determined by trict held not liable for tuition of pupils attenddifference in value at time and value if an- ing township high school.-Weatherford swering to warranty.-Stein v. Almeder, 148 School Directors of Dist. No. 7, 148 N. E. 244. N. E. 441. 1592 (Ohio) Parent residing more than 4 miles from high school, transferring children thereto, may recover for transportation.-Sommers v. Putnam County Board of Education, 148 N. E. 682. IX. CONDITIONAL SALES. 475 (Ind.App.) Transferee of contract and notes, not shown to be innocent purchaser for value, held to have no greater rights therein than those of transferor.-People's State Bank of Indianapolis v. Hall, 148 N. E. 486. 168 (II.) Board of education cannot furnish free text-books, unless specially authorized. Segar v. Board of Education of School 479(11) (Ind.App.) Bank, electing to re- Dist. of City of Rockford, 148 N. E. 289. take property under conditional sales contract 172 (II.) Resolution of board of education, assigned to it waived right to receive payment requiring small deposit to guarantee proper on notes executed with contract.-People's use of free textbooks, held valid and reasonable. State Bank of Indianapolis v. Hall, 148 N. E.-Segar v. Board of Education of School Dist. 486. of City of Rockford, 148 N. E. 289. SEARCHES AND SEIZURES. 3 (Ind.) Invitation to search or seize must be free from coercion or fraud.-Meno v. State, 148 N. E. 420. Acquiescence in officer's command not invitation to search and seize.-Id. Defendant's acts and language held not an invitation to search.-Id. Absence of name of affiant in copy of affidathereon.-Id. vit does not destroy legality of warrant issued (III.) System of schools, permitting all persons of school age to attend classes and receive instruction without charging tuition, provides "free schools."-Segar v. Board of Educa-7 (N.Y.) Authorization to sheriff to open tion of School Dist. of City of Rockford, 148 safe deposit box not unwarranted search and 20 (III.) Exercise of discretion by board of seizure.-Carples y. Cumberland Coal & Iron education not interfered with, unless abused. Co., 148 N. E. 185. -Segar v. Board of Education of School Dist. of City of Rockford, 148 N. E. 289. N. E. 289. SENTENCE. 20 (Ind.) Discretion of general assembly See Criminal Law, 980-1001. in school affairs must be respected by local authorities and courts, unless resulting in local or special laws.-Gruber v. State, 148 N. E. 481. (B) Creation, Alteration, Existence, and Dissolution of Districts. 33 (III.) Community consolidated district organized only out of territory bounded by district lines as they exist at time of organization. People v. Madison, 148 N. E. 247. SET-OFF AND COUNTERCLAIM. III. OPERATION AND EFFECT. 59 (Mass.) Recovery on declaration in setoff in amount in excess of that alleged to be due held unwarranted.-Mondello v. Hanover Trust Co., 148 N. E. 136. See Drains. Only territory detached from community consolidated district which is authorized to be organized into it; "former common school dis- See Wharves. trict."-Id. 42(2) (Ind.) Township not required to establish joint high school, if without funds, and had reached its constitutional debt limit. Gruber v. State, 148 N. E. 481. School trustee held required to establish and maintain joint high school demanded by petitioners.-Id. (C) Government, Officers, and District Meetings. SEWERS. V. LIABILITIES OF VESSELS AND OWN- 84 (3) (Mass.) Duty of steamship to provide invitees safe place to work stated.-Cullen v. New England Fuel & Transportation Co., 148 N. E. 371. Instruction that vessel owner could not rely on federal inspection exclusively held without error.-Id. SLANDER. 49 (Ind.) Township advisory board not allowed to arbitrarily defeat performance by See Libel and Slander. township school trustee of duty enjoined on him by law.-Gruber v. State, 148 N. E. 481. (H) Pupils, and Conduct and Discipline of Schools. SPECIAL LAWS. See Statutes, ~77-96. SPECIFIC PERFORMANCE. II. CONTRACTS ENFORCEABLE. gant to prosecute a suit which she believes to be false, groundless, and unlawful.-Mulready v. Pheeny, 148 N. E. 132. 148 (Ohio) County board of education is under mandatory obligation to provide school privileges, if district board of education fails 62 (Mass.) Equity will not require a litiso to provide; privilege of going to high school or studying high school branches is one which county board of education must provide on failure of district board so to provide.--Sommers v. Putnam County Board of Education, 148 N. E. 682. County board of education by refusing to exercise option cannot absolve itself from liability.-Id. Intended purchaser of stock to be recovered in suit to rescind prior sale cannot, by specifie performance, compel seller to prosecute suit to rescind which she believes groundless.-Id. IV. PROCEEDINGS AND RELIEF. 154 (III.) School Law, giving county super-105(1) (Mass.) Specific performance propintendents certain power as to place of attend- erly denied when time for conveyance had not ance by pupil, held not unconstitutional.- arrived.-Barrell v. Britton, 148 N. E. 134. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER STATES. II. GOVERNMENT AND OFFICERS. 159 (III.) Acts seemingly repugnant are to 148 N. E. 686. STATUTE OF FRAUDS. See Frauds, Statute of. STATUTE OF LIMITATIONS. See Limitation of Actions. STATUTES. relating to same subject does and does not con- 168 (III.) Unconstitutional statute does not For statutes relating to particular subjects, see 181 (2) (III.) Construction of statute re- I. ENACTMENT, REQUISITES, AND VA- sulting in great inconvenience or absurd conse- 352 (Ohio) Gasoline Tax Bill is law pro-184 (II.) Construction requires determina- II. GENERAL AND SPECIAL OR LOCAL LAWS. 184 (Mass.) Statutes interpreted to effec- 77(4) (11.) Prohibition Act not special leg- 96(1) (Ind.) Act authorizing joint high III. SUBJECTS AND TITLES OF ACTS. 146. 194 (Ohio) Court gives effect to specific 203 (Mass.) Omissions from statutes not 205 (111) Construction requires determina- 206 (Mass.) Every word of enactment giv- 114(6) (Ind.) Title to act held sufficiently 207 (Ohio) Ambiguous language of act not IV. AMENDMENT, REVISION, AND CODIFI- 135 (Ind.) Act prohibiting possession, con- lature did not contemplate unjust consequences 212 (Mass.) Presumed that General Court 224 (Mass.) Statutes enacted at different 143 (111.) Unconstitutionality of amenda- V. 2253 (III.) Rules for interpreting terms in AND REVIVAL. 158 (11.) Repeal of laws by implication not UNITED STATES. Glencoe v. Hurford, 148 N. E. 69; Same v. Judicial construction becomes part of law. ACT. Act 1898, July 1, ch. 541, 30 Act 1887, Feb. 4, ch. 104, 24 .23, 250 Ch. 541.. |