party from showing fraud, etc., in account; Turnbull v. Home Firs Ins. Co., 83 Md. 324, 34 Atl. 877, holding failure of agent of assured to disclose that gasolene was used on the premises, avoided policy; Gladstone Bank v. Keating, 94 Mich. 431, 53 N. W. 1111 (see dissenting opinion in 94 Mich. 434, 435, 53 N. W. 1112), holding bank could recover against the partnership; McKeen v. Boatmen's Bank, 74 Mo. App. 289, 290, 291, holding that bank-book is an account stated; Shipman v. Bank of New York, 126 N. Y. 328, 330, 22 Am. St. Rep. 828, 829, 27 N. E. 373, 374, 12 L. R. A. 796, 797, and n., holding that depositor is not presumed to know signature of payee; United Security, etc., Co. v. Bank, 185 Pa. St. 601, 40 Atl. 99, holding depositor is not required to examine indorsements of paid checks; National Bank v. National Bank, 92 Tex. 439, 440, 49 S. W. 368, 369, mere silence, in absence of proof that bank was prejudiced, will not estop depositor.

Estoppel does not necessarily imply intent to mislead; negligence is sufficient, p. 108.

Approved in Edison, etc., Light Co. v. Buckeye Electric Co., 59 Fed. 700, holding party estopped by acts done under a mistaken idea of the law; Davis, etc., Mfg. Co. v. Dix, 64 Fed. 410, holding parties could not set up an unauthorized alteration.

Bank officer overlooking forgery, for want of proper care, depositor can recover, though not examining returned checks, p. 112.

Reaffirmed in Janin v. London, etc., Bank, 92 Cal. 23, 27 Am. St. Rep. 84, 27 Pac. 1100, 14 L. R. A. 322, and Brixen v. National Bank, 5 Utah, 512, 18 Pac. 45. Approved in First Nat. Bank v. South Nat. Bank, 56 Fed. 971, 16 U. S. App. 1, charging bank with notice of letters duly mailed to it; Rice v. Citizens' Nat. Bank, Ky. 51 S. W. 455, holding bank liable for payment of forged check; Todd v. Meding, 56 N. J. Eq. 101, 38 Atl. 355, holding receiver not excused from liability of payment.

Estoppel arises against depositor if his negligence prevented bank promptly getting redress from forger, p. 115.

Approved in Robb v. Vos, 155 U. S. 39, 39 L. 62, 15 S. Ct. 13, holding party estopped to deny authority of attorney to appear for him; Manhattan Beach Co. v. Harned, 23 Blatchf. 500, 27 Fed. 489, holding purchaser had right to rely upon diligence of corporation; Janin 7. London, etc., Bank, 92 Cal. 26, 27 Am. St. Rep. 87, 27 Pac. 1101, 14 L. R. A. 323 (see dissenting opinion in 92 Cal. 29, 27 Pac. 1108, 14 L. R. A. 324), holding bank not prejudiced by the erroneous instruction; Lynch v. Smyth, 25 Colo. 112, 54 Pac. 637, it is sufficient that conduct of surety prevented obligee from trying to procure other security; Kuriger v. Jost, 22 Ind. App. 639, 52 N. E. 767, holding surety estopped from claiming his signature to be a forgery; Welson, etc., Mach. Co. v. Southeru Exp. Co., 42 La. Ann. 599, 7 VOL. XI-6

States. Distinction is between sults to enforce State's political obligations, and to protect personal rights, p. 70.

Approved in Pennoyer v. McConnaughy, 140 U. S. 16, 17, 35 L. 367, 11 S. Ct. 704, reviewing cases; Tuchman v. Welch, 42 Fed. 552, and M. Chandler Bottling Co. v. Welch, 42 Fed. 563, both restraining county attorney from instituting proceedings for contempt; President, etc., of Yale College v. Sanger, 62 Fed. 182, enjoining State treasurer from threatened diversion of income under an unconstitutional statute; Western Union Tel. Co. v. Henderson, 68 Fed. 595, upholding suit to restrain auditor from certifying valua tions for taxation under statute claimed to be unconstitutional; Mutual Life Ins. Co. v. Boyle, 82 Fed. 710, enjoining State officer from doing a ministerial act; Lowry v. Thompson, 25 S. O. 422, 1 S. E. 145, holding case was really against State.

117 U. S. 72-96, 29 L. 821, WRIGHT v. KENTUCKY, ETC., RY. Railroad construction contract of Kentucky and Great Eastern railway construed, and held to create no lien, p. 93.

Railroad construction contract, made with knowledge of vendor's rights, conferred no lien superior thereto, p. 94.

Corporate directors cannot so place themselves that personal conflict with corporate interests, p. 94.

Approved in Thomas v. Peoria, etc., Ry., 36 Fed. 816, holding lease of cars to mortgagor by car company dominated by same person, cannot be made the basis of an accounting; Central Trust Co. v. Bridges, 57 Fed. 767, 16 U. S. App. 115, holding contract made by a majority stockholder for his own benefit cannot be questioned by third persons not injured thereby.

Railroad mortgage covers only mortgagor's interest, and bondholders acquire no rights superior to prior vendor's lien, p. 94.

117 U. S. 96-122, 29 L. 811, LEATHER MANUFACTURERS' BANK V. MORGAN.

Bank and its depositor sustain relation of debtor and creditor, p. 106.

Reaffirmed in McKeen v. Boatmen's Bank, 74 Mo. App. 288.

Bank depositor must examine his book promptly and report errors, or will be estopped thereby, p. 106.

Reaffirmed in First Nat. Bank v. Allen, 100 Ala. 482, 46 Am. St. Rep. 83, 14 So. 336, 27 L. R. A. 430, and n., and Weinstein v. National Bank, 69 Tex. 43, 5 Am. St. Rep. 27, 6 S. W. 174. Approved in Porter v. Price, 80 Fed. 657, 49 U. S. App. 300, acquiescence in account rendered concludes party; Charlotte, etc., Fertilizer Co. v. Hartog, 85 Fed. 155, 42 U. 8. App. 716, holding silence did not estop

1

party from showing fraud, etc., in account; Turnbull v. Home Fire Ins. Co., 83 Md. 324, 34 Atl. 877, holding failure of agent of assured to disclose that gasolene was used on the premises, avoided policy; Gladstone Bank v. Keating, 94 Mich. 431, 53 N. W. 1111 (see dissenting opinion in 94 Mich. 434, 435, 53 N. W. 1112), holding bank could recover against the partnership; McKeen v. Boatmen's Bank, 74 Mo. App. 289, 290, 291, holding that bank-book is an account stated; Shipman v. Bank of New York, 126 N. Y. 328, 330, 22 Am. St. Rep. 828, 829, 27 N. E. 373, 374, 12 L. R. A. 796, 797, and n., holding that depositor is not presumed to know signature of payee; United Security, etc., Co. v. Bank, 185 Pa. St. 601, 40 Afl. 99, holding depositor is not required to examine indorsements of paid checks; National Bank v. National Bank, 92 Tex. 439, 440, 49 S. W. 368, 369, mere silence, in absence of proof that bank was prejudiced, will not estop depositor.

Estoppel does not necessarily imply intent to mislead; negligence is sufficient, p. 108.

Approved in Edison, etc., Light Co. v. Buckeye Electric Co., 59 Fed. 700, holding party estopped by acts done under a mistaken idea of the law; Davis, etc., Mfg. Co. v. Dix, 64 Fed. 410, holding parties could not set up an unauthorized alteration.

Bank officer overlooking forgery, for want of proper care, depositor can recover, though not examining returned checks, p. 112. Reaffirmed in Janin v. London, etc., Bank, 92 Cal. 23, 27 Am. St. Rep. 84, 27 Pac. 1100, 14 L. R. A. 322, and Brixen v. National Bank, 5 Utah, 512, 18 Pac. 45. Approved in First Nat. Bank v. South Nat. Bank, 56 Fed. 971, 16 U. S. App. 1, charging bank with notice of letters duly mailed to it; Rice v. Citizens' Nat. Bank, Ky. 51 S. W. 455, holding bank liable for payment of forged check; Todd v. Meding, 56 N. J. Eq. 101, 38 Atl. 355, holding receiver not excused from liability of payment.

Estoppel arises against depositor if his negligence prevented bank promptly getting redress from forger, p. 115.

Approved in Robb v. Vos, 155 U. S. 39, 39 L. 62, 15 S. Ct. 13, holding party estopped to deny authority of attorney to appear for him; Manhattan Beach Co. v. Harned, 23 Blatchf. 500, 27 Fed. 489, holding purchaser had right to rely upon diligence of corporation; Janin v. London, etc., Bank, 92 Cal. 26, 27 Am. St. Rep. 87, 27 Pac. 1101, 14 L. R. A. 323 (see dissenting opinion in 92 Cal. 29, 27 Pac. 1108, 14 L. R. A. 324), holding bank not prejudiced by the erroneous instruction; Lynch v. Smyth, 25 Colo. 112, 54 Pac. 637, it is sufficient that conduct of surety prevented obligee from trying to procure other security; Kuriger v. Jost, 22 Ind. App. 639, 52 N. E. 767, hold ing surety estopped from claiming his signature to be a forgery; Welson, etc., Mach. Co. v. Southeru Exp. Co., 42 La. Ann. 599, I VOL. XI 6

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States. Distinction is between sults to enforce State's political obligations, and to protect personal rights, p. 70.

Approved in Pennoyer v. McConnaughy, 140 U. S. 16, 17, 35 L. 367, 11 S. Ct. 704, reviewing cases; Tuchman v. Welch, 42 Fed. 552, and M. Chandler Bottling Co. v. Welch, 42 Fed. 563, both restraining county attorney from instituting proceedings for contempt; President, etc., of Yale College v. Sanger, 62 Fed. 182, enjoining State treasurer from threatened diversion of income under an unconstitutional statute; Western Union Tel. Co. v. Henderson, 68 Fed. 595, upholding suit to restrain auditor from certifying valua tions for taxation under statute claimed to be unconstitutional; Mutual Life Ins. Co. v. Boyle, 82 Fed. 710, enjoining State officer from doing a ministerial act; Lowry v. Thompson, 25 S. C. 422, 1 S. E. 145, holding case was really against State.

117 U. S. 72–96, 29 L. 821, WRIGHT v. KENTUCKY, ETC., RY. Railroad construction contract of Kentucky and Great Eastern railway construed, and held to create no lien, p. 93.

Railroad construction contract, made with knowledge of vendor's rights, conferred no lien superior thereto, p. 94.

Corporate directors cannot so place themselves that personal conflict with corporate interests, p. 94.

Approved in Thomas v. Peoria, etc., Ry., 36 Fed. 816, holding lease of cars to mortgagor by car company dominated by same person, cannot be made the basis of an accounting; Central Trust Co. v. Bridges, 57 Fed. 767, 16 U. S. App. 115, holding contract made by a majority stockholder for his own benefit cannot be questioned by third persons not injured thereby.

Railroad mortgage covers only mortgagor's interest, and bondholders acquire no rights superior to prior vendor's lien, p. 94.

117 U. S. 96-122, 29 L. 811, LEATHER MANUFACTURERS' BANK V. MORGAN.

Bank and its depositor sustain relation of debtor and creditor, p. 106.

Reaffirmed in McKeen v. Boatmen's Bank, 74 Mo. App. 288.

Bank depositor must examine his book promptly and report errors, or will be estopped thereby, p. 106.

Reaffirmed in First Nat. Bank v. Allen, 100 Ala. 482, 46 Am. St. Rep. 83, 14 So. 336, 27 L. R. A. 430, and n., and Weinstein v. National Bank, 69 Tex. 43, 5 Am. St. Rep. 27, 6 S. W. 174. Approved in Porter v. Price, 80 Fed. 657, 49 U. S. App. 300, acquiescence in account rendered concludes party; Charlotte, etc., Fertilizer Co. v. Hartog, 85 Fed. 155, 42 U. 8. App. 716, holding silence did not estop

party from showing fraud, etc., in account; Turnbull v. Home Fire Ins. Co., 83 Md. 324, 34 Atl. 877, holding failure of agent of assured to disclose that gasolene was used on the premises, avoided policy; Gladstone Bank v. Keating, 94 Mich. 431, 53 N. W. 1111 (see disPenting opinion mm 94 Mich. 434, 435, 53 N. W. 1112), holding bank could recover against the partnership; McKeen v. Boatmen's Bank, 74 Mo. App. 289, 290, 291, holding that bank-book is an account stated; Shipman v. Bank of New York, 126 N. Y. 328, 330, 22 Am. St. Rep. 828, 829, 27 N. E. 373, 374, 12 L. R. A. 796, 797, and n., holding that depositor is not presumed to know signature of payee; United Security, etc., Co. v. Bank, 185 Pa. St. 601, 40 Afl. 99, holding depositor is not required to examine indorsements of paid checks; National Bank v. National Bank, 92 Tex. 439, 440, 49 S. W. 368, 369, mere silence, in absence of proof that bank was prejudiced, will not estop depositor.

Estoppel does not necessarily imply intent to mislead; negligence is sufficient, p. 108.

Approved in Edison, etc., Light Co. v. Buckeye Electric Co., 59 Fed. 700, holding party estopped by acts done under a mistaken Idea of the law; Davis, etc., Mfg. Co. v. Dix, 64 Fed. 410, holding parties could not set up an unauthorized alteration.

Bank officer overlooking forgery, for want of proper care, depositor can recover, though not examining returned checks, p. 112. Reaffirmed in Janin v. London, etc., Bank, 92 Cal. 23, 27 Am. St. Rep. 84, 27 Pac. 1100, 14 L. R. A. 322, and Brixen v. National Bank, 5 Utah, 512, 18 Pac. 45. Approved in First Nat. Bank v. South Nat. Bank, 56 Fed. 971, 16 U. S. App. 1, charging bank with notice of letters duly mailed to it; Rice v. Citizens' Nat. Bank, - Ky. 31 S. W. 455, holding bank liable for payment of forged check; Todd v. Meding, 56 N. J. Eq. 101, 38 Atl. 355, holding receiver not excused from liability of payment.

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Estoppel arises against depositor if his negligence prevented bank promptly getting redress from forger, p. 115.

Approved in Robb v. Vos, 155 U. S. 39, 39 L. 62, 15 S. Ct. 13, holding party estopped to deny authority of attorney to appear for him; Manhattan Beach Co. v. Harned, 23 Blatchf. 500, 27 Fed. 489, holding purchaser had right to rely upon diligence of corporation; Janin ▼. London, etc., Bank, 92 Cal. 26, 27 Am. St. Rep. 87, 27 Pac. 1101, 14 L. R. A. 323 (see dissenting opinion in 92 Cal. 29, 27 Pac. 1108, 14 L. R. A. 324), holding bank not prejudiced by the erroneous instruction; Lynch v. Smyth, 25 Colo. 112, 54 Pac. 637, it is sufficient that conduct of surety prevented obligee from trying to procure other security; Kuriger v. Jost, 22 Ind. App. 639, 52 N. E. 767, holding surety estopped from claiming his signature to be a forgery; Welson, etc., Mach. Co. v. Southeru Exp. Co., 42 La. Ann. 580, 7 VOL. XI-6