« ForrigeFortsett »
junction with the collection of taxes. Rowland The repeal of the act under which town bonds
ready issued, and the holders have a vested right
In the absence of fraud or warranty, the ven-
, is not
dor of negotiable town bonds, which, after the
the stock of a railroad company, and to issue
municipal bonds in payment, but only on some
precedent condition, such as a popular vote fa-
47 and held by a bona fide purchaser, is conclusive
of the fact and binding upon the municipality,
In a suit upon negotiable town bonds, the
town is bound by the recitals in the bonds, and
in its official records. Toron of Moultrie v. The
Where legislative authority has been given
to a municipality to subscribe for the stock of a
railroad company, and to issue municipal bonds
enactment that the officers or persons designated
197 to decide whether the contingency had hap-
pened, or whether the fact existed which was a
297 requirements of the legislative act have been
Chap. 809 of laws of 1871 is constitutional.
Where a petition of the tax payers of a town,
said town in aid of a railroad, the statute gives
no right which the railroad company can enforce
against the town, even where the Commissioners
Where a county judge has decided that town
certiorari is granted to review his decision, and
the commissioners afterwards issue the bonds
to the railroad company, both parties having
562 and distinct dissolution of the trust at the time
of the purchase. Graves v. Waterman, admr.
Ib. the title became vested is bound to account, as
trustee, for the rents so collected ; the words
to include rents and profits. Belmont v. Pou.
A trustee who has faithfully performeu liis
duty as such cannot be removed on application
of the cestui que trust. Hull v. Mitchison. 339
for the trust estate, and is liable for any
An assignment of all claims, demands and
170 causes of action legal or equitable, passes to the
assignee a right of action for an accounting
Ib. tain moneys if they deemed it proper, is only
exercised when the money is actually paid, and
Where a testatrix left property in trust to pay
the income thereof to her son for life, directing
the same shall not in any way be liable for
the income in the trustees' hands cannot be
v. Wolbert et al.
Where money of one is already in the hands
of another, the owner may create a trust with
The money received for real property, held in
98 trust, remains impressed with the trust. Hoff,
trustee, v. Pentz.
their lives, and on the death of any child, to
convey his share to his issue, a valid several
trust is created for each of testator's children A contract for a loan of money at a rate of
lower, is not usurious, provided it be not a mere
money is to be repaid.
1b. portion of the part so retained, the mortgage is
not usurious. Estevez et al. v. Pur .y et al. 552
A party who purchases land subject to a
inortgage which he is to pay as a part of the
purchase price, is the purchaser of the equity of
fense that the note secured by the mortgage
was usurious. Cramer v. Lepper.
As to defense of usury in foreclosure, see
As to proof of usury, see PRACTICE.
Under an allegation of the recovery of a
judgment in the Circuit Court for the District of
Ib. where the defendant has pleaded nul tiel. Doro
VENDOR AND VENDEE.
Where the vendor of personal property, such
as cigars, has done all in his power to complete
no control over and asserts no possession in the
The relative rights of vendors and purchasers
of cigars are not affected by the Act of Congress
as between themselves, their contract of sale for
a supposed violation of the act.
A sold note signed by the broker of both par.
As to liability of vendor of town bonds which
As to effect of fraudulent representations on
Affidavit and notice to change venue for con-
venience of witnesses should set out the grounds
Whether an order of special term changing On an executory contract for the sale of " large place of trial for convenience of witnesses is ap- Bristol cabbage seeds, there is an implied pealable, quære. Kellogg v. Smith. 431 warranty that the seeds sold will produce a large
Bristol cabbages.” White v. Trustees of the Where papers under such an order are trans- Shakers.
368 mitted from one department to another the appeal must be taken in the latter, Ib. The measure of damages is the loss sustained
lo. An action to compel the assign inent of a bond by the failure of the crop. and mortgage is local, and must be tried in the
In an action for breach of warranty in buildcounty where the land is situated. Dings v, ling a canal boat, the plaintiff can recover, 1. Parshall.
456 | Difference between value of boat as she was and
as she ought to be. 2. Special damages by de WAIVER.
lays and injuries on first trip before defects
could be ascertained. Zuller et al v. Rodgers et A declaration in the recognizance by which al.
413 the prisoner is released on his own signature, that he elects to be tried by the Court of Special When a party uses a large portion of goods Sessions, no subsequent demand for trial by sold to him, after an opportunity to examine jury being made, is a waiver of the right of trial them, he must be deemed to have accepted by jury. In the matter of Swan. 114 them, and to have waived any implied war
536 The looal agent of an insurance company who ranty. Dounce v. Dow et al. has authority to take applications and collect
A statement made by a party a year before the premiums and transmit them to the company, sale that he was receiving “xx pipe iron,” which cannot waive compliance with the condition of was tou h and soft, is not a warranty that all a policy requiring proof of loss to be made with the iron of that brand which he might there in a specified time, where the policy required all after sell was of that character.
Io. waivers and modifications to be in writing and signed by an officer of the company. Van Allen
WEIGHT OF EVIDENCE. v. Farmers Joint Stock Ins. Co.
408 An agent of an insurance company may waive
It is error to refuse to charge that where
two witnesses contradicting each by parol a condition in a policy, even where the there are policy requires any waiver to be endorsed on the other, if the jury find both equally worthy of policy. Newton v. Allemania Fire Ins. Co. 599 credit, their testimony is balanced, and plaintiti
fails to establish his case. Rogers v. Gouid. 69 As to waiver of submission of questions to the jury on trial, see PRACTICE.
WILLS. As to waiver of irregnlarity in service, see When the will of one who is deaf and dumb,
or unable to read or write and speak, is present.
ed for probate, there must be not only proof of WAREHOUSEMEN.
the facium of the will, but also that the mind of The transfer of a warehouse receipt, although the testator accompanied the act, and that the in blank, and the transferee unknown to the instrument executed speaks his language and warehouseman, yet if the latter have notice of really expresses his will and that he was cogni. transfer, he becomes the bailee of the transferee, zant of its provisions Kollwagen v.; Rollwugen and is bound to hold the deposit for him as
123 owner. Central Savings Bank v. Garrison. 301
A paper in the form of a bond signed by deWhere a warehouseman, having general no cedent, to take effect after his death, and in the tice of the transfer of a receipt given by him, devisee's possession is a will. Frew et al. v. permits the property to be taken from him by Clark.
137 legal process, he will be liable to the transferee for the amount advanced by him on the receipt.
A bequest of money to a legatee for her sup. 10. port during her natural life and with power io
use so much of the principal as might be necesWARRANTY.
sary for that purpose, with a remainder over to
the testator's children, is valid. Smith et al. v. Where answers are responsive to direct Van Nostrand.
228 questions asked by an insurance company, they are to be regarded as warranties, where not It is competent for the testator to w.ake the responsive, but volunteered without being call-life legatee custodian of the money, in which ed for, they are mere representations. Buell v. case such legatee becomes the trustee for the the Conn. Mutual Life Ins. Co. 161 children.
Ib. The defendant having sold a cow to plaintiff, A condition in the will in restraint of the sec a farmer, with a warranty that she was free ond marriage, whether of a man or woman, is not from foot and mouth disease, and the plaintiff void. Allen v. Jackson. having placed the cow with other cows, whereby the latter became infected with the disease and
Devise to C. M, for life, and in the event of died, the defendant is liable for the entire loss. his leaving a son born or to be born in due time Smith v. Green.
238 after his decease who should live to attain the
age of twenty-one, then to such sun and his Where by a will several legacies are left, and heirs if he should live to attain twenty-one, then the testator leaves all the rest, residue and with remainder over: He That on the death remainder of the real and personal estate to of C. M. his infantson took a vested estate in other parties, without creating any express fund the devised proper ty, subject to be divested if for payment of legacies, the real estate is charged he should die under twenty-one. Muskett v. with the legacies. Ragan v. Allen et al. 527 Eaton.
330 In proceedings to have a will admitted to pro, the exccutors shall place the proceeds of collec
The provisions of a will which provides that bate, an inquisition of lunacy previously found tion of debts due testator and all his property raises a presumption of testator's incapacity, real and personal at interest on bond and mortwhich it requires some evidence to overcomie. gage or otherwise, as in their judgment they Searles et al. exrs., v. Harvey et al.
may deem best, and that the proceeds, rent, in. The attestation clauses to a will in the pre- come, or interest should be used for the support cise form provided by statute, are not essential of testator's wife and children, and devising and prerequisites to its validity, nor is the cause de. bequeathing all his property to the children on claring the selection of the executor. Sisters of the death of the wife, are too indefinite to auCharity, &c., v. Kelly et al.
382 thorize a conclusion that the executors
bound to sell the real estate in any event. Gour". Where the signature of the testator occurs ley, admr. v. Cam, bele: a).
542 after tlie disposing clause in the will, and be fore the attestation clauses, in a blank in the
The personal property being sufficient to suplast clause of the will appointing the executor, port and educate the children and maintain the the signature will be regarded as a signing at widlow, the land retains its original character the end of the will, according to the provisions and descends to the heirs.
16. of the statute.
Ib. In construing a bequest under a will, the in As to impeachment of will which has been adtention of the testator from the whole will must mitted to probate, see EVIDENCE. govern, Watrous v, Sinith.
404 A bequest that executors sell all personal and cution, see WITNESS.
As to competency of devisee to prove ios exe-
The devisee named in a will is a competent A direction by a testatrix, a married woman, witness under the Act of 1869 (Pa.) to prove its to each of her children to give a note for past execution. Frew et al v. Clark.
137 services rendered, does not made the claim for such services a charge upon the estate. Eisen As to attorney of party being a witness for lord v. snyder, et al., exrs.
such party, see EVIDENCE. A legacy which is made payable upon the hap As to impeachment of witness, see EVIDENCE. pening of a certain event is a conditional one; and that event not happening, the legacy sinks As to exemption of from service of summons, into the residue. Taylor v. Lambert. 409 see SERVICE. Where an estate in given to a person described
WRIT OF ERROR. by relation, either to the testator or to other devisees, on a contingency, a person in being at the
An order quashing a writ of habeas corpus can time of making the will, to whom the descrip only be reviewed by an appeal from the order. tion would apply on the happening of the con.
l'cope ex rel Donovan v. Conner, sheriff: 501 tingency, is intended to be the devisee. Anshutz V. Miller.
485 Bee CRIMINAL PRACTICE.
Exis, A. a.