« ForrigeFortsett »
note endorsed by such citizen, in the United gagor to procure the necessary mortgage search.
In an action against a railroad for negligently
injury was the direct natural consequence of de-
173 his bargage by conductor, and remains there,
believing himself to be so ordered by conductor,
Where a person approaches a railroad cross-
ing it is his duty, before crossing to take the
The owner of an implement or piece of ma-
539 chinery may lawfully allow another to take and
use it, and if in using it becomes defective and
Where a person is killed while walking over
a railroad crossing in the daytime, there being
nothing to obstruct the view of the track, and it
does not appear that there was anything to dis-
tract her attention, Held, that she was guilty of
contributory negligence. Mitchel ame'r v. The
The same degree of care is not required of one
one crossing on foot.
As to exemplary damages in case of, see
But where an instrument not purporting to be
A party taking a note as collateral security for
or giving any new credit thereon, is not a bona
fide holder. First National Bank of Clarion v.
A general promise for a valuable consideration
to pay all the debts of another, if it inures to the
was made, and any one thereafter taking the
ties between the endorser and promissor, even dorsement to the payee of the paper, when he has
87 the credit for the makers. Weld et al. v. Bouns.
The payee upon a note may show by parol
and designed to become the first endors-
paper as its second endorser, had really bonnd
Persons endorsing commercial paper should be
147 made upon a sufficient consideration. Ib.
An agreement to extend time on the original
An endorser's promise to pay, after maturity
J. & Co., who endorsed it to their agents, tho
210 for the amount. The forgery was not discovered
until the next month, on the balancing of the
accounts between the banks.
Held, That the National Bank was entitled to
1b. all blanks, and by such omission the check is
raised, it is liable in an action to recover the
The giving of a promissory note by one per-
son to another is presumptively a settlement of
267 An endorsee of a note, who takes it as collat.
eral security for a debt, created at the time,
nal parties, and relying on the note for security, Only those persons can be sued on an inden-
A plaintiff has a sufficient interest to sustain
dorsed to him for the purpose of collection, such
The Board of Health is the successor of the
566 City Inspector, and as such has control of all
existing contracts made by hím. Bell v. The
572 necessary party in any action where any of its
A sale in partition discharges & mortgage
made by one of the co-tenants upon his interest.
the purpose of executing certain trusts, is a suffi.
tion. Chapman et al. v. Cowenhoven impld. 365
A receiver appointed under supplementary
proceedings may maintain an action for the par-
tition of real estate in which the judgment
debtor is interested as a tenant in common.
But the action being an equitable one, the
court will order its discontinuance upon the pay.
ment of the judgment under which the receiver
was appointed, together with his costs, fees and
from try the legal title, but equitable claims may be
A partner is not liable for goods ordered by
copartners, on his individual account, where
firm, if immediate notice is given the vendor.
Where one of several partners withdraws
himself and former partners, a surety. Moess v.
16. And where he procures a past due outstand-
ford et al.
Where, upon the formation of a copartner combined forces or processes, from that given by
Where a license has been given by one or
174 patent, the remedy of the others is by action
for an account for whatever has been received.
As to sale of void patent, see CONSIDEEATION.
As to jurisdiction of State and Federal Courts
A voluntary payment cannot be recovered.
Fear of the result of an arbitration is not
made voluntarily. Quincey v. White. 37
Whether a payment is voluptary or not is a
question of law. Scholey, exr. v. Mumford, rrr.
Where illegal fees are demanded and paid as
a condition of giving up certain property, such
payment is not voluntary.
In the absence of appropriation by the par-
Where a debt is payable in a commodity, a
Where one of several partners dies, and the
576 payments made from time to time by the sur.
viving partners must be applied to the old debt.
A general deposit of money in a bank will
specific instructions that it be so applied. Na-
tended by the parties at the time, and ihe agent
in taking it binds the company, by his act.
Lycoming Mutual Fire Ins. Co. v. Bedford. 444
An extra-judiciai oath is no ground for indict-
677 ment for perjury. Van Dusen v. The People. 90
quiry into the cause or circumstances of a fire, tee of the corporation for neglect to make and
16. he is concluded from pleading a certain defense,
and therefore omits it in his answer, but after.
wards and before trial learns that the disability
as to the particular defense is removed, le
set up this defense. Seaver, collector, v. The
In such a case defendant should pay all costs
In an action arising out of an alleged breach
of covenant of seizin in a summons for money
is not proper; it should be under subdivision 2.
An allegation in the answer that the right of
receiver, and all facts necessary to establish his
title. Torensend v. Norris.
mencement of the action.
20 The court has authority to appoint a trustee
of real estate in place of a deceased trustee, and
39 waiver of a tort will not be allowed. Cushman
Where plaintiff delays for several years after
issue joined, in bringing his cause to trial, such
As to setting aside answer in foreclosure as
As to pleadings in actions by executors, see
As to pleadings in actions for fraud, see
In an action for damages for fraud committed As to amendments of pleadings, see PRAC-
For rules of pleading in various special pro.