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602 | Ch. 223, § 37.

973

INDEX-DIGEST

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

1905, ch. 129, § 217...

609 CODE OF CRIMINAL PRO-

1905, ch. 167, § 68..

1905, ch. 169, § 192, sub-
sec. 9..

198 Ch. 231, § 5.

227

CEDURE.

Ch. 231, 7, subsec. 2.

442

193

Ch. 231, § 7, subsec. 9.

801

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1905, ch. 169,

[ocr errors]

204.

Ch. 231,

51.

801

Amended by Laws 1915,
ch. 14..

1905, ch. 169, § 235..

Ch. 231, § 89.

101

REVISED STATUTES.

602 Ch. 231, § 96..

379

193

Ch. 233,

19.

461

1907, ch. 222.

Amended

Ch. 233,

23.

113

First Edition.

Volume 1.

by Laws 1911, ch. 249..

675

Ch. 234, § 29.

123

1907, ch. 236, § 3...

406 Ch. 246, § 26.

1911, ch. 223'

481 Ch. 250, $ 3.

1911, ch. 249

447 Pt. 2, tit. 1, ch. 8, § 44... 518

.567, 570

675 Ch. 259, 1, subsec. 4... 811 SURROGATE'S COURT ACT.

1913, ch. 102

1915, ch. 14
1915, ch. 67

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[blocks in formation]

1915, ch. 106

.428, 496

SPECIAL LAWS.

CONSOLIDATED LAWS.

1915, ch. 106, § 27..

425

1915, ch. 106, § 32..

161 1917, ch. 358

805

Arbitration Law.

1915, ch. 106,

M

45.

88 3, 4..

559

Amended by Laws 1919,

LAWS.

ch. 57, §1..

161

Civil Service Law.

1915, ch. 176, § 2..

198

[blocks in formation]

1917, ch. 4, § 4.

Amend-

1780, ch. 15. Amended by

Ch. 7.

627

ed by Laws 1923, ch. 23,

Laws 1807, ch. 22..

900

$$ 19, 20..

627

§ 1...

197

1807, ch. 22

900

1917, ch. 4. § 20.

412

1823, ch. 50

900

1917, ch. 133

481

1823, ch. 50, § 3..

1919, ch. 49

405

1872, ch. 194

444

Decedent Estate Law.

900 $160. Amended by Laws

1925, chs. 253, 603..... 556

1919, ch. 57, § 1.

161

1887, ch. 270, § 1,

sub-

1919, ch. 234

406

sec. 1...

[blocks in formation]

1921, ch. 130

481

1890, ch. 418

813

1921, ch. 250, § 1

403

1923, ch. 23, § 1.

.143,

197 1892, ch. 126'

1890, ch. 418, § 6..

813

$ 70.

624

......

81.

630

805

1923, ch. 33

403

1907, ch. 585

467

1923, ch. 33, §§ 1, 3..

403

1909, ch. 486, § 30.

813

Election Law.

1923, ch. 34

146

1909, ch. 519

467 §§ 243, 245, 246.....

784

1925, ch. 19

474

1910, ch. 399

138

1925, ch. 45

1911, ch. 624

458

General Business Law.

417

1925, ch. 48, § 6.

403

1913, ch. 509, § 1..

895

1925, ch. 201, § 1....148, 474 1914, ch. 742, §§ 150-152

1914, ch. 687

805

1914, ch. 766

467

895 §§ 352, 354, 356, 359.

$$_352 to 359a. Added by
Laws 1921, ch. 649.

627

1918, ch. 247

458

MASSACHUSETTS.

CONSTITUTION.

Pt. 2, ch. 1, § 1, art. 4... 889
REVISED STATUTES 1836.
Ch. 109, §§ 5, 36........ 447
PUBLIC STATUTES 1882.
Ch. 147, § 1.........

Amended by Laws 1923,
ch. 600.

627

1922, ch. 403, § 1..

593

§ 359b. Added Laws 1923,

1923, ch. 242

458

ch. 600..

627

1925, ch. 240

130

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NEW YORK.

Highway Law.

[blocks in formation]

546

380

Art. 1, § 6.

796

Art. 5, 9.

627

Insurance Law.

[blocks in formation]

Art. 6, 9..333, 537, 727, 786
Art. 8, § 10.

§ 67.

661

548

Ch. 40, $ 21..

805

$141. Amended by Laws
1922, ch. 660, § 1..

661

Ch. 40, $ 53..

CIVIL PRACTICE ACT.

813

Ch. 59, 2...

889

(Laws 1920, ch. 925.)

§ 141b. Added by Laws
1923, ch. 436, § 3.

661

Ch. 65, 1. Amended by

Laws 1922, ch. 403, § 1 593

$209..

Ch. 66, § 6..

609

$211.

Ch. 84, 15..

376 $212.

771 88 111, 160, 185.....

771 Negotiable Instruments Law.
.532, 771

535

Ch. 90

889

$213.

532

Ch. 93, §§ 2. 3.

450

$258

771

Penal Law.

Ch. 106, § 23, subsec. 2.. 217

276.

552 §§ 2, 43.

786

Ch. 106, 58, subsec. 7.. 441

466.

637 $$ 404, 406.

796

Ch. 107, 74..

105

588, subsec. 2.

725 580, 583.

786

Ch. 119, §§ 52-72..

449

588, subsec. 3.

.639, 757

956.

634

Ch. 143

805 $$ 902, 903.

532

1930, subsecs. 1, 3.

786

Ch. 154, § 41.

609

§§ 1149, 1150.

725

1933.

786

Ch. 156, § 12..

§ 1157
811

518

1938.

796

Ch. 156, §§ 32, 41, 43...

609 § 1162.

624

Ch. 158, § 46..

1304.

187

609

Personal Property Law.

Ch. 159, § 40, 45.

1451.

590

562

Ch. 160, § 71..

1453..

467

.559, 562 §§ 82, 85..

212

Ch. 167

130

1457..

Ch. 167, § 22.

138

Ch. 167, §§ 28, 29, 31..

130 RULES OF CIVIL

PRAC-

Ch. 167, 35. Amended

by Laws 1925, ch. 240.. 130 Rules 93, 104, 113....
Ch. 167, § 36...

130

Ch. 172, § 18, 24, 39, 63 609
Ch. 182, 1, 2, 4, 6-9... 895

Rules 281, 282....

....

TICE.

559 $8 124, 144.
Laws 1911, ch. 571.
§ 146.
148, subsec. 3.

Added by

659

215

660

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Ch. 183, § 3...

Ch. 203, §§ 40-42.

Ch. 215, § 16...

807

811 CODE OF CIVIL
DURE.

PROCE-

[blocks in formation]

461

1570.

Ch. 218, §§ 26, 30.

110 § 1760.

639
518

365. Amended by Laws

1922, ch. 426.

530

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STREET RAILROADS.

II. REGULATION AND OPERATION.

470 1923, p. 216

697 1923, p. 217
8461925, p. 294.

23 (Mass.) Evidence held to warrant find-
Banca Italiana Di Sconto v. Columbia Counter
ing that note was not delivered on Sunday.-
Co., 148 N. E. 105.

Note presumed to have been delivered on
secular day.-Id.

SURETYSHIP.

See Principal and Surety.

SURVIVAL.

114(19) (Mass.) Evidence held not to justify See Abatement and Revival, ~50.
inference railroad, after notice of truck driv-
er's intention, could have avoided accident.-
Larkin v. Boston Elevated Ry. Co., 148 N. E.
806.

SUBROGATION.

(I.) To what cases doctrine of subro-
gation, in equity, is confined stated.-Leininger
v. Reichle, 148 N. E. 384.

16 (1) Purchaser at administrator's sale,
whose title fails for want of jurisdiction, not
entitled to be subrogated to claims of creditors
paid with purchase money.-Leininger V.
Reichle, 148 Ñ. E. 384.

Purchaser buying subject to rule of caveat
emptor not entitled to reimbursement or sub-
rogation to rights of creditors of estate.-Id.
That money loaned to purchaser at executor's
sale was applied by executor to pay debts of
estate held not to entitle lender to claims of
creditors.-Id.

SUNDAY.

13 (Mass.) That note made and dated on
Sunday held not to invalidate it.-Banca Itali-
ana Di Sconto v. Columbia Counter Co., 148
N. E. 105.

TAXATION.

III. LIABILITY OF PERSONS AND PROP-

(B)

ERTY.

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120 (III.) Capital stock, including stock of
cemetery corporations, subject to assessment
for taxes.-People v. Elmwood Cemetery Co.,
148 N. E. 273.

(D) Exemptions.

196 (Ohio) Act exempting from taxa-
tion leaseholds or estates, income from which
is used for schools, held to conflict with Con-
stitution, as it applies to leaseholds or prop-
erty not institution used exclusively for chari-
table purpose and not public property used ex-
clusively for public purpose.-State v. Hess,
148 N. E. 347.

245 (III.) Stock of cemetery corporation
held not exempt from taxation, because repre-
sentative of exempt property, nor was it with-
out value for taxing purposes.-People v. Elm-
wood Cemetery Co., 148 N. E. 273.

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

251 (III.) One claiming exemption has bur- sence of disseisin.-Leininger v. Reichle, 148 den to clearly show that property is within N. E. 384. exemption statute.-People v. Elmwood Ceme-28(4) (III.) Grantee of tenant in common tery Co., 148 N. E. 273.

V. LEVY AND ASSESSMENT.

(C) Mode of Assessment in General.

held properly charged with rent and profits during his exclusive possession, less taxes paid by him.-Leininger v. Reichle, 148 N. E. 384. ~29 (2) (1.) Grantee of cotenant under deed 3632 (N.Y.) Expenses of trust estate in void as to other tenants is not entitled to cost excess of income therefrom proper deduction of improvements while in exclusive possession. from income from individual estate.-People ex-Leininger v. Reichle, 148 N. E. 384. rel. Field v. Gilchrist, 148 N. E. 530. (D) Mode of Assessment of Corporate Stock, Property, or Receipts.

386(2) (Ohio) In fixing value of bank's shares, value of its real estate is fixed as assessed on tax duplicate.-Board of County Com'rs of Franklin County v. Commercial Nat. Bank of Columbus, 148 N. E. 344.

(G) Review, Correction, or Setting Aside

of Assessment.

Absence of evidence as to extent improvements made by grantee of cotenant under deed void as to other tenants enhanced value of land precluded provision in decree for allowance of increase in value.-Id.

TENDER.

~~13(1) (Mass.) Actual production and offer of money due is essential to valid tender, unless waived; "tender."-Mondello v. Hanover Trust Co., 148 N. E. 136.

Mere offer or statement that party has money ready and is willing to pay is insufficient to

constitute valid "tender."-Id.
THREATS.

453 (III.) Taxpayer must avail himself of statutory remedy against excessive assessment or valuation, and cannot first resort to courts in defense of action for delinquent tax.-People v. Elmwood Cemetery Co., 148 N. E. 273. (1) (Mass.) Attempt to extort money by 494 (1) (III.) Judgment, in action in debt threat is gist of offense under statute not deto collect delinquent taxes on stock of ceme- pendent on state of mind of person threatened. tery corporation, held erroneous as attempted Commonwealth v. Corcoran, 148 N. E. 123. revision of valuation by taxing authorities.6 (Mass.) Proof of defendant's use of exPeople v. Elmwood Cemetery Co., 148 N. E. act words alleged unnecessary.-Commonwealth v. Corcoran, 148 N. E. 123.

273.

494 (2) (III.) Courts cannot value property for taxation, but can only defeat fraudulent assessment, or one so excessive as to amount to fraud.-People v. Elmwood Cemetery Co., 148 N. E. 273.

XIII. LEGACY, INHERITANCE, AND
TRANSFER TAXES.

865 (Mass.) Shares in trust in real estate held "property within the commonwealth."Baker v. Commissioner of Corporations and Taxation, 148 N. E. 593.

866 (Mass.) Interest of certificate holder in trust consisting wholly of land held to constitute "equitable interest" in land.-Baker v. Commissioner of Corporations and Taxation, 148 N. E. 593.

Equitable interest in land within statute imposing excise on "any interest in real estate." -Id.

876(2) (Ind.App.) Property transferred by will to trust company for charitable purposes not exempt from inheritance tax. In re Arp's Estate, 148 N. E. 427.

TELEGRAPHS AND TELEPHONES.

II. REGULATION AND OPERATION.

33(1) (Ohio) Amount deducted for depreciations is actual depreciation at time of inquiry; deduction for depreciation made from reproductive cost of physical properties.-City of Cincinnati v. Public Utilities Commission, 148 N. E. 817.

Valuation of property of utility fixed by considering actual depreciation; utility entitled to reasonable return.-Id.

Deduction of more than actual depreciation in ascertaining present valuation of property not justified.-Id.

34 (Ohio) Classified service schedule held reasonable, and not discriminatory.-City of Cincinnati v. Public Utilities Commission, 148 N. E. 817.

TENANCY IN COMMON.

See Joint Tenancy.

II. MUTUAL RIGHTS, DUTIES, AND LIA-
BILITIES OF COTENANTS.

15(2) (II.) Possession of one tenant in common is not adverse to his cotenants, in ab

7 (Mass.) Evidence held to warrant finding defendant entered into scheme or plot to extort money by threat of accusation of crime of adultery.-Commonwealth v. Corcoran, 148 N. E. 123.

Contract between defendant and credit reporting company and subscriber's tickets and requests for information held admissible.-Id. 8 (Mass.) Whether statements made to complaining witness constituted threats of prosecution for crime held question of law for court.-Commonwealth v. Corcoran, 148 N. E.

123.

TORTS.

See Fraud, 20-64; Libel and Slander, ~9–
123; Municipal Corporations, 733-832;
Negligence, 2-136; Nuisance, 3-72;
Trover and Conversion.

TOWNS.

IV. FISCAL MANAGEMENT, PUBLIC DEBT,
SECURITIES, AND TAXATION.

52(1) (Ind.) Board of commissioners did not lose jurisdiction to issue bonds for construction of roads because prices went up while matters were pending.-State v. Board of Com'rs of Dubois County, 148 N. E. 198.

52 (4) (Ind.) "Judgment establishing road" rendered when report of viewers and engineer was approved, as respects issuance of bonds, in order in which judgments are established.State v. Board of Com'rs of Dubois County, 148 N. E. 198.

TRADE UNIONS.

4 (N.Y.) Denial of privileges of association without hearing on notice enjoined in absence of remedy by appeal.-Simons v. Berry, 148 N. E. 636.

9 (N. Y.) Injunction against consolidation of local unions granted only pending appeal to convention of members.-Powell v. United Ass'n of Plumbers and Steamfitters of United States and Canada, 148 N. E. 728.

TRIAL.

See Costs; Criminal Law, 633-878; Jury;
New Trial; Reference.

For trial of particular actions or proceedings,
see also the various specific topics.
For review of rulings at trial, see Appeal and
Error.

III. COURSE AND CONDUCT OF TRIAL IN
GENERAL.

18 (Mass.) Presiding judge has adequate power and duty to see that fair trial is had.--| Allen v. Guarante. 148 N. E. 461.

IV. RECEPTION OF EVIDENCE.

(A) Introduction, Offer, and Admission of

Evidence in General.

53 (Mass.) Defendants, by limiting examination or cross-examination concerning registration card, could not narrow its probative value or effect as evidence.-Pizer v. Ĥunt, 148

N. E. 801.

54(1) (Mass.) Admission of electrical code for limited purpose held not ground for exception.-Lamberti v. Neal, 148 N. E. 463.

(C) Objections, Motions to Strike Out, and Exceptions.

89 (Ind.App.) Evidence offered to show that second annual premium of policy had been paid should have been stricken as being without probative force.-Equitable Life Assur. Soc. of U. S. v. Campbell, 148 N. E. 505.

V. ARGUMENTS AND `CONDUCT OF
COUNSEL.

129 (1.) Language of appellee's counsel in argument to jury held not to have prejudiced defendant.-Bremer v. Lake Erie & W. R. Co., 148 N. E. 862.

(E) Requests or Prayers. 260(1) (Mass.) Refusal of requests covered by charge held without error.-Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105; Cullen v. New England Fuel & Transportation Co., 148 N. E. 371. 260 (8) (Mass.) Refusal of request held without error, in view of instruction given.— Lamberti v. Neal, 148 N. E. 463.

Charge on nonapplication of doctrine of res ipsa loquitur held sufficiently favorable to defendant.-Id.

260(9) (Mass.) Request held fully covered by instruction given.-Bradley Lumber & Mfg. Co. v. Cutler, 148 N. E. 101.

Request on seller's failure to perform contract covered by remarks of court thereon.-Id.

(G) Construction and Operation. 296(2) (I.) Instruction on issue of mental incapacity held not prejudicial error.-Kimber v. Kimber, 148 N. È. 293.

296 (2) (Ind.App.) Instruction on acknowledgment of illegitimate child not objectionable, in view of other instructions.-Castor v. McDole, 148 N. E. 643.

296(3) (Ind.App.) Instruction on negligence not erroneous.-Pittsburg, C., C. & St. L. R. Co. v. Rushton, 148 N. E. 337.

296 (3) (Mass.) Error in instruction defining vessel owners' duty to furnish safe place to work held harmless.-Cullen v. New England Fuel & Transportation Co., 148 N. E. 371.

VIII. CUSTODY, CONDUCT, AND DELIBER-
ATIONS OF JURY.

133(1) (Ohio) Request that jury should pay no attention to statement in argument of possible claim of defendant against another improperly refused.-Herman v. Teplitz, 148304 (Ohio) Request of juror on way to jury box to see plaintiff's injured hand held not of itself cause for mistrial.-Cleveland-Akron VI. TAKING CASE OR QUESTION FROM Bag Co. v. Jaite, 148 N. E. 82.

N. E. 641.

JURY.

(A) Questions of Law or of Fact in Gen

eral.

140(1) (Ind.App.) Peremptory instruction for defendant in suit on life insurance policy held properly denied, where evidence involved credibility of witnesses, which was for jury. Equitable Life Assur. Soc. of U. S. v. Campbell,

148 N. E. 505.

IX. VERDICT.

(A) General Verdict.

330(3) (Mass.) Finding or verdict applied to good count in declaration.-Pizer v. Hunt. 148 N. E. 801.

336 (Ind.App.) Statement on verdict concerning matter not in issue is surplusage, and 143 (III.) When evidence conflicting circuit does not vitiate matter properly found in due court cannot direct verdict.-Myers v. North-form.-People's State Bank of Indianapolis v. Hall, 148 N. E. 486. western Elevated R. Co., 148 N. E. 858.

VII. INSTRUCTIONS TO JURY.

eral.

(B) Special Interrogatories and Findings.

(A) Province of Court and Jury in Gen-344 (Ind.) Affidavits of jurors may be considered in aid of verdict, but not to impeach it. -Spannuth v. Cleveland, C., C. & St. L. Ry. Co., 148 N. E. 410.

as

191(2) (II.) Instruction held not to sume testatrix was induced to execute instrument.-Kimber v. Kimber, 148 N. E. 293.

X. TRIAL BY COURT.

191(3) (Mass.) Charge held not to assume that note was genuine.-Banca Italiana Di (A) Hearing and Determination of Cause. Sconto v. Columbia Counter Co., 148 N. E. 105.386 (4) (Mass.) Refusal of requests, based without error.-Stein v. Almeder, 148 N. E. on assumed fact judge not required to find, held 441.

(D) Applicability to Pleadings and Evi

dence.

TROVER AND CONVERSION.

251 (7) (Mass.) Whether note construed by law of Italy or Massachusetts being immaterial, requests on subject properly denied.Banca Italiana Di Sconto v. Columbia Counter I. ACTS CONSTITUTING CONVERSION AND Co., 148 N. E. 105.

LIABILITY THEREFOR.

252(1) (I.) Error to submit issue appeal-2 (Ind.App.) Fixtures severed by trespasing to prejudice or sympathy of jury, where ser subject of conversion.-Trust & Savings evidence to support issue properly submitted is Bank of Rensselaer v. Brushahan, 148 N. E. inconclusive.-Buerger v. Buerger, 148 N. E. 427.

274.

252(11) (N.Y.) Instruction seaman on ship

TRUST COMPANIES.

chartered by Emergency Fleet Corporation See Banks and Banking, ~3121⁄2-317.
was employed by managing agents held errone-
ous.-Robert v. U. S. Shipping Board Emer-
gency Fleet Corporation, 148 N. E. 650.

253 (5) (Mass.) Denial of request exclud- See Mortgages.

ing liability on ground of ratification held without error.-Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105.

TRUST DEEDS.

TRUSTS.

See Monopolies, 8-20.

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

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79 (Mass.) How resulting trust may be created.-Moynihan v. Murphy, 148 N. E. 380.

80 (Mass.) Facts alleged held not to imply trust.-Moynihan v. Murphy, 148 N. E. 380.

VII. ESTABLISHMENT AND ENFORCE-
MENT OF TRUST.

(B) Right to Follow Trust Property or
Proceeds Thereof.

~358(1) (Mass.) Trust not established can be traced into specific fund or property. against proceeds of trust property, unless they Yesner v. Commissioner of Banks, 148 N. E.

224.

89(1)(III.) Resulting or implied trust not sufficiently established, where evidence capable of reasonable explanation on theory other than 358(2) (Mass.) It is equitable fiction to asexistence of such trust.-Parker v. Ruley, 148 sume that, in fluctuations of fund made up in part of money obtained by fraud, wrongdoer's purpose was to draw out his own.-Yesner v. Commissioner of Banks, 148 N. E. 224.

N. E. 308.

89 (5) (III.) Parol evidence to establish equitable title, as against legal title of one in possession, must be clear and convincing.Parker v. Ruley, 148 N. E. 308.

(C) Constructive Trusts.

(C) Actions.

~371 (62) (Mass.) Demurrer to bill rightly sustained.-Moynihan v. Murphy, 148 N. E. 380.

96 (Mass.) Facts alleged held not to support constructive trust.-Moynihan v. Murphy, See Trade Unions. 148 N. E. 380.

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N. E. 19.

Trustee may charge his accounts with whatever expense or loss he has been required to meet, where he exercised good faith and common prudence.-Id.

250 (1.) Trustee's indemnification by trust estate for losses sustained, does not create direct liability against estate to third persons. Austin v. Parker, 148 N. E. 19.

Generally, remedy of third persons dealing with trustee is against trustee only.-Id.

When third person dealing with trustee may proceed directly against trust estate in chancery, stated.-Id.

254 (1.) Trustee, binding himself for benefit of estate, is liable in action at law, and bill of equity will not lie against trust estate. -Austin v. Parker, 148 N. E. 19.

V. EXECUTION OF TRUST BY TRUSTEE
OR BY COURT.

272(3) (N.Y.) Rules for distribution of extraordinary dividends on stock of trust estate declared.-Bourne v. Bourne, 148 N. E. 180. Judgment of directors of corporation in valuing capital and surplus, not reviewed except for ignorance or mistake of law.-Id.

UNIONS.

USURY.

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(A) As to Each Other.

189 (N.Y.) Vendee held not estopped to dispute vendor's title.-Trembath v. Berner, 148 N. E. 729.

191 (Mass.) Vendee has no right to possession before obtaining deed unless contract so specifies.-Barrell v. Britton, 148 N. E. 134. Vendor could maintain writ of entry and thereby gain possession.-Id.

(C) Bona Fide Purchasers.

Burden is on one asserting bad faith or ignorance of corporate directors in valuation of 232(1) (III.) Possession of third person assets to prove it.-Id. constructive notice to purchaser of possessor's rights.-Union Bank of Chicago v. Gallup, 148 N. E. 2.

Rule for disposition of ordinary dividends from profits made after loss has been sustained by corporation stated.-Id.

Remainderman entitled to extraordinary dividends, though loss has been made good from subsequent profits.-Id.

Extraordinary stock dividend properly allocated to capital of trust estate.-Id.

Finding that loss to corporation, whose stock composed trust, occurred after creation thereof sustained.-Id.

Extraordinary cash or stock dividend declared from surplus restored by profits should be allocated to remainderman.-Id.

148 N.E.-62

232 (2) (III.) Second party's possession not notice to purchasers where record owner also in possession.-Union Bank of Chicago v. Gallup, 148 N. E. 2.

VI. REMEDIES OF VENDOR.
(A) Lien and Recovery of Land.

280(1) (N.Y.) Vendor's complaint not containing offer to convey does not state cause of action for foreclosure.-Trembath v. Berner, 148 N. E. 729.

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