[merged small][ocr errors][ocr errors]


[ocr errors]
[ocr errors]

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
Bank held warranted in payment of draft un-

der irrevocable letter of credit notwithstand-
ing previous notice from buyer not to pay draft. See Exceptions, Bill of.
Em 191 (N.Y.) Bank, which has issued irrev-

ocable letter of credit, required to pay seller's 1. REQUISITES AND VALIDITY.
sight drafts accompanied by documents specified

(E) Consideration. in letter of credit, regardless of defect in goods delivered.-Maurice O'Meara Co. v. Na-w92(1) (Ind.) Note may be supported by tional Park Bank of New York, 146 N. E. 636. consideration though not received by makers.

Bank, which objected to payment of draft |-Rich v. Fry, 146 N. E. 393. under letter of credit because of defect in

III. MODIFICATION, RENEWAL, AND goods, waived objections to sufficiency of docu

RESCISSION. ments presented.-Id.

Objection to dock delivery order accompany. Em 136 (Ind.App.) Payees held not entitled to
ing sight draft held not ground for bank's re- repudiate contract to give credit on note.-
fusal to pay draft, under letter of credit.-Id. Furman v. Glueck, 146 N. E. 586.

Documents accompanying draft held sufficient
to require bank to pay draft, under letter of V. RIGHTS AND LIABILITIES ON INDORSE-

Rule as to sufficiency of documents accom-

(A) Indorsement Before Delivery to or

Transfer by Payee.
panying draft, presented for payment under
letter of credit, stated.--Id.

m256 (Mass.) Failure to take proper steps Parol modification of letter of credit, under to take judgment against one indorser did not agreement between bank and seller's assignee release subsequent indorser.-Finance Corpoprior to assignment, held enforceable ration of New England v. Parker, 146 N. E. against assignee.-Id.

696. Oral agreement, modifying irrevocable letter

Payee could refuse or cease to sue any party. of credit, held void for want of consideration. -Id. -Id.

Loss of attachment of real estate of prior inMeasure of damages, on bank's refusal to pay dorser held not negligent loss of security which drafts against irrevocable letter of credit, stat- subsequent indorser was entitled to have preed.-Id.

served.-10. Seller suing bank for refusal to pay drafts

If action against estate of prior indorser was held entitled to summary judgment.-Id.

barred by limitation, it was damnum absque

injuria to subsequent indorser.-Id.

(D) Bona Fide Purchasers.
em315(1) (Mass.) Bill held to allege fraud of Cw368 (Mass.) Want of delivery is no de-
directors and banks on corporation and stock fense against holder in due course.-C. B. En-
holders.-Bonner Chapin Nat. Bank of sign & Co. v. Forrest, 146 N. E. 655.
Springfield, 146 N. E. 666.

382 (Mass.) That note was stolen not deStockholders, protesting against bank's mer- fepse against innocent holder.-C. B. Ensign & ger, acted with reasonable diligence.-Id.

Co. v. Forrest, 146 N. E. 655.
Comptroller of Currency not necessary party

Instruction that even holder in due course to suit by stockholder to enjoin bank merger. could not recover, if notes were stolen from -Id.

maker, held error.-Id. 315(2) (Mass.) Directors of trust compa

VIII. ACTIONS. ny occupy position of trust as to stockholders. -Bonner v. Chapin Nat. Bank of Springfield, Om477 (Ind.App.) Answer in action on note 146 N E, 666.

alleging fraud in its procurement held not Segregation by directors of part of assets demurrable.--Allen Realty Co. v. Uhler, 146 of trust company held fraudulent and breach N. E. 766. of trust.-Id.

Om 493(1) (Ind.) Promissory note is deemed 315(3) (Mass.) Right of set-off against prima facie to have been executed for a valuclaim of bank in course of liquidation determin- able consideration.-Rich v. Fry, 146 N. E. able as of date when commissioner took pos- 393. session.-Cosmopolitan Trust Co. v. Wasser- Cmw 523 (Mass.) Title not shown in absence of man, 146 N. E. 772.

evidence of genuineness of signature of payee
Partnership claim against insolvent trust as indorser.-Canton v. Shaffer, 146 N. E. 770.
company could not be set-off against note of
individual partner.-ld.

Maker of note payable insolvent trust compa-

ny not entitled to set-off deposit in his name
as trustee.-Id.

Cmw8 (111.) Boundary of property devised des.
cm317 (Mass.) Banking commissioner held, ignated in uncertain manner discarded.-Fuller
under facts, not to have authorized employ-v. Fuller, 146 N. E. 174.
ment of plaintiff to work for trust company -

Line to be boundary between tracts of land Vigilante v. Old South Trust Co., 146 N. E. must be definitely fixed or there must be means 670.

of fixing it.--Id. Banking commissioner cannot burden assets

BRIDGES, of trust company in his hands, with obligation 1. ESTABLISHMENT, CONSTRUCTION, AND incurred to resume business.-Id.

MAINTENANCE. Pending permission to resume, neither officers nor bank could subject its assets to obliga- Cl2 (Mass.) Disallowance of bills of exception of contract of employment.-Id.

tions to commissioners, denials of requests for 317 (Mass.) Defendant in action on note rulings and findings in assessing cost and exby insolvent bank not entitled to set-off amount pense of bridge, held proper.-Petition of Town paid it for capital stock because certificate not of Weyinouth, 146 N. E. 720. filed.-Cosmopolitan Trust Co. v. Wasserman,

Decision of commissioners appointed to as146 N. E. 772.

sess cost and expense of new bridge to districts Equitable set-off against claim of insolvent benefited are binding on all parties. --Id. bank not permissible when giving priority over

Court supervises award of commissioners others.-Id.

only to be assured that it is not extravagant

and unreasonable.-Id. BENEFICIAL ASSOCIATIONS,

Effort to take exceptions to rulings of comBRIEFS.

missioners held not in accordance with pracSee Insurance, Cm687.


BURGLARY. See Appeal and Error, Om758-768.


Com 41(1) (Mass.) Evidence held to sustain BROKERS.

conviction of being accessory to breaking and II. EMPLOYMENT AND AUTHORITY.

entering and larceny.-Commonwealth v. SpezOns 15 (!!I.) Broker entering into absolute and zaro, 146 N. E. 3. unconditional contract for principal is liable

BURYING GROUNDS. for damages resulting from cancellation without principal's consent, notwithstanding broker See Cemeteries. and his contractee act under rules of Board of Trade of which they are members.-Thom

CANCELLATION OF INSTRUMENTS. son v. Thomson, 146 N. E. 451.

I. RIGHT OF ACTION AND DEFENSES. Contract for purchase of corn subject to rules and regulations of Board of Trade held om 25 (1.1.) Plaintiff held not entitled under not absolute and unconditional.-Id.

bill or evidence to rescission and cancellation Broker making settlement of contract for of contract for sale of real estate.-Lasier y. undisclosed principal on basis fixed by resolu- Mayer, 146 N. E. 465. tion of Board of Trade subject to which con

II. PROCEEDING'S AND RELIEF. tract was made held not liable to principal.-Id.

34 (1) (Mass.) Laches held. no defense in III. DUTIES AND LIABILITIES TO

suit by heirs to cancel releases to executor.PRINCIPAL.

Flynn v. Colbert, 146 N. E. 784. Camas 26 (Mass.) One with whose money stock

CARRIERS. is purchased by broker becomes owner of such

I. CONTROL AND REGULATION OF stock, entitled to it on demand.-Gifford. v.

Eastman, 146 N. E. 773.
On 29 (Mass.) Broker's failure to sell, and re-

(A) In General. tention of stock held by him only as agent for 2 (Ohio) Act requiring issuance of cer. sale, held evidence of intent to appropriate to tificate to parties operating busses at time of himself.--Gifford v. Eastman, 146 N. E. 773. filing act with secretary of state held valid.Cam 36 (III.) Purchaser of corn through bro- Cincinnati Traction Co. v. Public Utilities ker, who ratified contract made subject to reg- Commission of Ohio, 146 N. E. 84. ulations of Board of Trade, held bound by con: Cm4 (Ohio) Motor vehicle owner transpor; tract, though not absolute and unconditional ing property for hire under contract only held

. in accordance with instructions to broker.- not common carrier nor motor transportation Thomson v. Thomson, 146 N. E. 451.

company.-Hissem v. Guran, 146 N. E. S08. Person notified that contract made for himm 5 (Ohio) Private carriers held. not subject 'has been made subject to certain rules and to law regulating operation of motor vehicles. regulations may not avoid effect of such regu- |-Hissem v. Guran, 146 N. E. 808. lations by denying notice or knowledge of m8 (Ohio) Denial of rehearing by Public them.-Id.

Utilities Commission without taking evidence ww38(4) (III.) Resolution of directors

not unreasonable.-Cincinnati Traction Chicago Board of Trade held admissible as af- Co. V. Public Utilities Commission of Ohio, fecting terms of contract in action against 146 N. E. 84. broker for damages for alleged unlawful set- Affidavit held prima facie evidence of facts tlement.-Thomson v. Thomson, 146 N. E. 451. / alleged, and if facts uncontroverted Commis

sion may issue certificate thereon.-Id. IV. COMPENSATION AND LIEN. Cw8 (Ohio) Motor transportation company Omn52 (Mass.) Broker held not obliged to holding certificate not entitled to protection show contract binding his customer.

from competition of private carriers over same Buono v. Cody, 146 N. E. 703.

routes.-Hissem v. Guran, 146 N. E. SOS. (m54 (Mass.) When broker entitled to com

11. CARRIAGE OF GOODS. mission for sale stated.-Buono v. Cody, 146 N. E. 703.

(A) Delivery to Carrier. Defendant's assent to terms submitted by C39 (11.) Cannot be required to receive or broker obviated necessity of producing cash deliver freight from or to point off its lines.customer.-Id.

Cleveland, C., C. & St. L. Ry. Co. v. ComCam 60 (Mass.) Broker not entitled to commis- merce Commission, 146 N. E. 606. sion, where owner received nothing above price stipulated, and sale was not consummated.- (B) Bills of Lading, Shipping Receipts, Carpenter v. Blake, 146 N. E. 224.

and Special Contracts.

Cum 51 (Mass.) Bill of lading defined.-NationV. ACTIONS FOR COMPENSATION. al Wholesale Grocery Co. v. Mann, 146 N. E.

791. Cam 86(1) (Mass.) Evidence of defendant's authorization of broker to procure customer on definite terms before conference in plaintiff's (D) Transportation and Delivery by Caroffice held lacking.--Hall v. Kotowski, 146 N. E. 717

Caw 82 (Mass.) Goods shipped to consignee in 86 (3) (Mass.) Evidence held to show par- care of another person may be properly delivties failed to agree on terms of sale.-Hall v. ered by carrier to such person.-Philadelphia Kotowski, 146 N. E. 717.

Tapestry Mills v. New England S. S. Co., 146 w88(2) (Mass.) Whether broker treated de N. E. 777. fendant as owner of property was fact question. (E) Delay in Transportation or Delivery. -Buono V. Cody, 146 N. E. 703.

Broker held not to know that defendant was mw 100(1), (Ind.App.) Demurrage rules extendagent only for sale of premises.-10.

ing free time for weather conditions, inappliCm88(3) (Mass.) Testimony of customer that cable where delay caused by consignee's inabil. he was ready and able to buy raised question ity to receive shipment.-Davis v. Steele, 146 of fact.--Buono v. Cody, 146 N. E. 703. N. E. 425.

88(3) (Mass.) Question whether parties came to understanding as to terms, or wheth

(J) Charges and Liens. er terms were not to be settled until agrees Cow 196 (Ind. App.) Evidence held insufficient to ment was signed, rightly submitted.-Hall v. excuse delay in unloading car of oil.-Davis v. Kotowski, 146 N. E. 717.

Steele, 146 N. E. 425.

of hela




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

CHARITIES. (A) Relation Between Carrier and Pas- II, CONSTRUCTION, ADMINISTRATION, Renger.

AND ENFORCEMENT. ww241 (Ind. App.) Railway, mail clerks, hela em45(2) (N.Y.) Plaintiff could not hold char"passengers."- Pittsburgh, C., C. & St. L. R. itable hospital for negligence of orderly.-PhilCo. v. Jones, 146 N. E. 864.

lips v. Buffalo General Hospital, 146 N. E. 199. Ono 247(!) (Ind.App.) Mail clerk held not de

"Orderly,” in charitable hospital, working as prived of rights as passenger by entering car "nurse," on same basis as doctors and nurses not yet switched into train.--Pittsburgh, C., C.

as to negligent acts.-Id. & St. L. R. Co. v. Jones, 146 N. E. 864.

CHILDREN. (D) Personal Injuries.

See Infants. ww303 (6) (Mass.) Mere fact that passenger was injured while alighting by violence of

CITIES. crowd attempting to board car does not impose liability. - Dullea v. Boston Elevated Ry. Co., See Municipal Corporations. 146 N. E. 237. Rule stated as to duty to guard alighting pas

CIVIL RIGHTS. sengers from violence of crowd getting on car. -Id.

See Constitutional Law, Own 83. Knowledge that large crowd would be present imposed no liability to alighting passenger

CLASS LEGISLATION. injured by its violence, unless on showing of previous misconduct of crowds.-Id.

See Constitutional Law, am230. Cw316(1) (Mass.) Burden was on plaintiff to show defendant's negligence.-Hurley v. New

COMMERCE. York, N. H. & II. R. Co., 146 N. E. 235.

1. POWER TO REGULATE IN GENERAL. em320(19) (Mass.) Whether sudden stopping of elevated train was negligence held question C8(12) (III.) Statute held not to apply to for jury.-Gray v. Boston Elevated Ry. Co., situations coming under Federal Transporta146 N. E. 244.

tion Act.-Cleveland, C., C. & St. L. Ry. Co. mw320 (25) (Ohio) Evidence of defendant's v. Commerce Commission, 146 N. E. 606. negligence causing injury to passenger held to raise jury question.- Jackson v. Cleveland Ry.


em 27(1) (III.) Proposed track from


company, already having shipping facilities to (E) Contributory, Negligence Person connect with second railroad not adjacent to Injured.

company, held not a private "spur track," which Omw344 (Mass.) Burden was on plaintiff to state commission can authorize.--Cleveland, C., show that decedent exercised due care.-Hur-C. & St. L. Ry. Co. v. Commerce Commission, ley v. New York, N. H. & H. R. Co., 146 N. 146 N. E. 606. E. 235.

Interstate Commerce Commission held to C346 (3) (Mass.) Evidence held to show in- have sole jurisdiction to authorize proposed jury to plaintiff after reaching place of safety track from coal company constituting extenresulted from her lack of due care in attempt - ( sion" of road sought to be connected with. ing again to board car.--Hurley v. New York, -1d. N. H. & H. R. Co., 146 N. E. 235. en 347 (4) (Mass.) Evidence held to warrant IV. INTERSTATE COMMERCE COM

MISSION. finding that passenger was justified in assuming she could rightfully board train from un- Cm88 (III.) Rulings of Interstate Commerce loading platform, so that direction of verdict Commission particularly persuasive, where for carrier was improper.-Threlkeld v. Boston matter of connection with railroad bound up Elevated Ry. Co., 146 N. E. 367.

with interstate traffic.-Cleveland, C., C. & St. Omw 348 (14) (Ohio) Evidence held insufficient L. Ry. Co. v. Commerce Commission, 146 N. to call for instruction on contributory negli- E. 606. gence of passenger.--James v. Cincinnati Traction Co., 146 N. E. 211.


See Bills and Notes.
Om (Mass.) “Permission of town" for ceme-

tery must result from vote in town meeting.- See Public Service Commissions.
Inhabitants of Canton v. Westbourne Cemetery
Corporation of Boston, 146 N. E. 258.

COMPROMISE AND SETTLEMENT. Statute regulating location of cemetery enforceable by injunction at suit of town.-Id. See Accord and Satisfaction.

Om2 (N.Y.) Action for negligence maintainaCERTIORARI.

ble without tendering back part payment under JI. PROCEEDINGS AND DETERMINATION. ineffective agreement.--Larscy v. T. Hogan &

Sons, 146 N. E. 430. Em 37 (!!I.) Incumbent not proper party in Cw5(1) (N.Y.) Agreement for settlement of certiorari proceedings by ousted official to claim not amounting to accord and satisfaction quash record discharging him.-People V. invalid.--Larscy v. T. Hogan & Sons, 146 N. E. Thompson, 146 N. E. 473.

430. Om70(1) (III.) Circuit court's order on cer-Om5(2) (N.Y.) Part payment under agreetiorari to review decision of board of appeals ment for settlement of personal injury claim not under zoning act not reviewable by Supreme accord and satisfaction.-Larscy v. T. Hogan & Court on appeal or writ of error; “suit in eq. Sons, 146 N. E. 430. uity"; "proceeding at law."--Petition of Forbes, 146 N. E. 448.

Omw 70(3) (III.) Judgment of circuit court in
certiorari proceedings self-executing.- People v. See Eminent Domain.
Thompson, 146 N. E. 473.

See Equity.

See Sales, 475-479.




287 (Ohio) Act taxing motor vehicles ac

cording to horse power held not violative of See Statutes, 47-98.

due process clauses.-Fisher Bros. Co. v. For validity of statutes relating to particular Brown, 146 N. E. 100. subjects, see also the various specific topics. C314 (Mass.) Party to action is without


cedure mistakenly chosen.-Pizer v. Hunt, 146 PROVISIONS.

N. E. 7. m38 (Mass.) Incidental means for enforcing medicine constitutional.-Davis v. Calderwood,

Om318 (Mass.) Statute regulating practice of valid statute violate no constitutional rights. 146 N. E. 708. -Davis v. Calderwood, 146 N. E. 708. 245 (N.Y.) Courts should be slow in declar

CONTEMPT. ing legislation unconstitutional.-Biddles, Inc., II. POWER TO PUNISH, AND PROCEEDv. Enright, 146 N. E. 625.


herent in court.-State v. Froelich, 146 N. E. (A) Legislative Powers and Delegation

733. Thereof.

III. PUNISHMENT. 62 (III.) Medical Practice Act held not in- en 70 (111.) Punishment for contempt not invalid as delegation of legislative power.-Peo- tended as punishment for violation of criminal ple v. Witte, 146 N. E. 178.

law.--State v. Froelich, 146 N. E, 733. 63(1) (Ohio) Acts providing disposition of motor vehicle license taxes held not invalid.

CONTINUANCE. -Fisher Bros. Co. v. Brown, 146 N. E. 100.

See Criminal Law, 593–615. (B) Judicial Powers and Functions. 70(1) (ind.) Courts by construction may

CONTRACTS. not annul statute whether reason for its en See Assignments; Bills and Notes; Compro. actment be logical or not.-Mid-West Box Co.

mise and Settlement; Covenants; Frauds, v. Hazzard, 146 N. E. 420.

Statute of; Novation; Release; Sales; em 70(1)(Mass.) Granting mandamus to com

Specific Performance; Stipulations; Vendor pel issuance of certificate of electiori held not

and Purchaser. invasive of rights of House of Representatives.-Madden v. Board of Election Com'rs

I. REQUISITES AND VALIDITY. of City of Boston, 146 N. E. 280. Ow70(3) (Ohio) Legislature may regulate or (B) Parties, Proposals, and Acceptance. prohibit use of saccharin in_food or drinks.- 29 (N.Y.) That instrument not a contract Longbrake v. State, 146 N. E. 417.

held not declarable as a matter of law.-Saltz

man v, Barson, 146 N. E. 618. (C) Executive Powers and Functions. Om 80(1) (Ind.) Act of auditor in drawing

(D) Consideration. warrants for refund of money paid as tax on

mw88 (Mass.) Sealed agreement held to presale of gasoline held not judicial.-Gafill v.

consideration supporting agreement.Bracken, 146 N. E. 109.

Act imposing tax on sale of gasoline held not Greenburg v. Bopp, 146 N. E. 687. to confer judicial power upon an administra

(E) Validity of Assent. tive officer.-Id.

Om 93(2) (Ind.App.) Party to written IV. POLICE POWER IN GENERAL. tract charged with knowledge of contents.

Robertson's Music House v. Holy, 146 N. E. 81 (1.1.) State in exercise of police power 862. may regulate all occupations.-People v. Witte, 146 N. E. 178. Legislature sole judge as to laws enacted to (F) Legality of Object and of Consid

eration, protect public health.-Id.

Om 103 (III.) To perform act declared unlawV. PERSONAL, CIVIL AND POLITICAL ful or contrary to public policy by statute is RIGHTS.

unenforceable. -De Kam v. City of Streator, 83(!). (Mass.) Right of personal liberty 146 N. E. 550. must yield to prosecutions for crime.-Klous Ow105 (III.) Prohibited by valid statute void. v. Bolster, 146 N. E. 783.

-De Kam v. City of Streator, 146 N. E. 550. VII. OBLIGATION OF CONTRACTS.

II. CONSTRUCTION AND OPERATION. (C) Contracts of Individuals and Private (A) General Rules of Construction. Corporations.

Om 143 (Mass.). Contract construed as whole 156 (111.) Judgment holding purchaser of to ascertain intent.-Aurnhammer v. Brotherleased lands liable for special assessments held hood Acc. Co., 146 N. E. 47. not to impair obligations of lease.-Carlyle v. Om 152 (N.Y.) Business contract must be con: Bartels, 146 N. E. 192.

strued in light of what a business man would

expect to give or receive under its terms.X. EQUAL PROTECTION OF LAWS.

Shirai v. Blum, 146 N. E. 194. Cm 230(1) (Ohio) Act taxing motor vehicles Omw 164 (Mass.) Rules of stock exchange held according to horse power 'held not violative of part of contracts between members.-Brickles equal protection clauses.-Fisher Bros. Co. v. v. Wrenn, 146 N. E. 797. Brown, 146 N. E. 100.

Om 175(3) (Mass.) Conditions held to warrant

implication that words, clauses, and sentenees XI. DUE PROCESS OF LAW,

were used with appreciation of exact meaning Em 275(1) (Mass.) Attorney cannot be de- and precise application to subject-matter. prived of right to practice except by proceed MacDonald v. Page Co., 146 N. E. 727. ings complying with due process.- Bar Ass'n of City of Boston v. Sleeper, 146 N. E. 269.

(C) Subject-Matter. C278(1) (11.) Mortgage foreclosure statute 203 (Mass.) Contract between publisher held not void as violating due process clause.- and author held to restrict publication to stoHall v. American Bankers’ Ins. Co., 146 N. E. ries submitted by author in 1919.-MacDonald 137.

v. Page Co., 146 N. E. 727.



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

IV. RESCISSION AND ABANDONMENT. Om 155(5) (Mass.) Breach of trust on part of On 267 (III.) Jurisdiction to grant rescission corporate directors must be specifically chargof written contract for mistake of one party ed. --Thomas v. Laconia Car Co., 146 N. Ē. will not be exercised unless due care and dili- 775. gence is shown.-Lasier v. Mayer, 146 N. E. On 156 (Mass.) Preferred stockholder's rights 465.

are contractual, and determined from provi

sions of stock certificate and statute.--ThomV. PERFORMANCE OR BREACH. as v. Laconia Car Co., 146 N. E. 775. On 29242 [New, vol. ITA Key-No. Series)

Preferred stockholder, refusing to accept sec(N.Y.) Duty of court to enforce agree-ond preferred stock in lieu of accumulated divments as to arbitration.-S. A. Wenger & Co. idends, held not entitled to cash payment of v. Propper Silk Hosiery Mills, 146 N. E. 203. such dividends in preference to other pre

Where parties have selected tribunal for ar- ferred stockbalders.-Id.
bitration, court will not ordinarily interfere.


(C) Suing or Defending on Behalf of Cor

poration. mol (N.Y.) Owners of securities wrongfully pledged by stockbroker and sold by pledgee mw204 (N.Y.) One whose corporate stock beheld entitled to contribution from owners of comes valueless because of fraud by which conother securities pledged but not sold.-Asylum sent to act of bankruptcy was obtained may of St. Vincent De Paul v. McGuire, 146 N. E. recover damages.-Adams v. Clark, 146 N. E. 632.

642. On 3 (N.Y.) One who has borne more than

his just share of common burden is entitled to
contribution from others who have been dealt (C) Rights, Duties, and Liabilities as to
with more fortunately.-Asylum of St. Vincent

Corporation and its Members.
De Paul v. McGuire, 146 N. E. 632.

320(1) (Mass.) Suits by stockholders

against officers of corporation not maintainable CONVERSION,

in equity to enforce personal rights.---Bonner

v. Chapin Nat. Bank of Springfield, 146 N. E. See Trover and Conversion.

666. Cum 19 (2) (N.Y.) Conversion held not effected wo 320 (5) (Mass.). Where application by stockuntil life beneficiary's death.-In re Seymour's holder to corporation for relief would be useWill, 146 N. E. 372.

less, it is not required.-Bonner V. Chapin

Nat. Bank of Springfield, 146 N. E. 666. CORPORATIONS.

320 (7) (Mass.) Bill by stockholders against See Banks and Banking; Carriers; Electric-officers must allege suit is for corporation's

ity; Gas; Municipal Corporations; Public Springfield, 146 N. E. 666.

V. Chapin Nat. Bank of
Service Commissions; Railroads; Street


LIABILITIES, Oml (N.Y.) Even though stockholder owns (B) Representation of Corporation by 08controlling interest, corporation is separate

ticers and Agents. from him.-American Union Line v. Oriental 406 (4) (Ind.App.) General manager

of Nav. Corporation, 146 N. E. 338.

moving picture business of corporation had m22 (Ill.) Duties of Secretary of State, in apparent authority to contract for right to filing or refusing to file statement of incorpo- use films.-Blackstone Theatre Corporation v. ration and issue certificate, are ministerial.-Goldwyn Distributing Corporation, 146 N. E. People v. Emmerson, 146 N. E. 129.

217. Statement of incorporation permitting direc- m423 (Ind.App.) Liable for slander committors at discretion to divide preferred stock into ted by agent by authority of corporation exclasses held not entitled to be filed.-Id,

press or implied.-Writesman v. Pettis Dry

Goods Co., 146 N, E. 835.
II. CORPORATE EXISTENCE AND Omw 432 (5) (Mass.) Payee of note executed by

treasurer had burden of proving majority of di-
Com 40 (Mass.) Alterations in agreement of as- rectors, with knowledge of transaction, adopted
sociation adopted by two-thirds of stockhold-it.-Cashin v. Corporation Finance Co., 146 N.
ers binding on minority.-Thomas v. Laconia E. 233.
Car Co., 146 N. E. 775.

(D) Contracts and Indehtedness. IV. CAPITAL, STOCK, AND DIVIDENDS.

Cw464 (Mass.) Treasurer held neither (D) Transfer of Shares.

pressly nor impliedly authorized to execute ww125 (Mass.) Firm to whom shares of stock pote.-Cashin v. Corporation Finance Co., 146 were specially indorsed became person appear- N. E. 233. ing by certificate to be owner.-Place v. Chaffee,

(F) Civil Actions. 146 N. E. 722.

Purchase of stock certificates after fraudu-m513(4) (Ind.App.). Complaint against corlent alteration by erasure of special indorse- poration for slander held to sufficiently allege ment gave no title to purchaser.-Id.

that employee was acting within scope of emWhere special indorsement of certificates ployment when making slanderous statement. was erased, delivery thereafter did not pass

-Writesman v. Pettis Dry Goods Co., 146 N. title.-Id.

E. 835.

Cw521 (Mass.) Refusal to instruct that de(E) Interest, Dividends, and New Stock, fendant's directors gave no authority to treas151 (Mass.) Cash dividends regarded as

urer to purchase stock held erroneous.-Cashincome, and stock dividends capital.

Corporation Finance Co., 146 N. E. 233. Coolidge v. Grant, 146 N. E. 719. w 152 (Mass.) Dividends payable only when


FRANCHISE. declared, and declaration creates right to receive.-Thomas v. Laconia Car Co., 146 N. E. Ow617 (5) (N.Y.) Death of corporation an775.

swering complaint no defense.-Fred S. James Declaration of dividends rests in sound dis- & Co. v. Second Russian Ins. Co., 146 N. E. cretion of directors.-Id.


[ocr errors][ocr errors]


in v.



« ForrigeFortsett »