(H) Actions. (E) Consideration. (F) Validity. 227 (3) (Mich.) Evidence that defendant 94(1) (Minn.) An outlawed debt is a good bank's assistant cashier signed a township consideration for a check.-Baxter v. Brandentreasurer's official bond upon understanding burg, 163 N. W. 516. that certain deposits would be made in the bank, and so informed one of bank's partners, who raised no objection but continued to 106 (Mich.) A note given solely to enable receive deposits, sustains a finding that such plaintiff to obtain its charter contrary to law partner ratified the contract.-Wexford Tp. v. was without consideration.-East Side Trust & Seeley, 163 N. W. 16. Savings Bank v. McGinnis, 163 N. W. 949. BAR. See Dower, 50; Judgment, 570–593. See Criminal Law, 304, III. PROCEEDINGS UNDER BAS- 36 (Minn.) Under Gen. St. 1913, § 3214 et seq., prosecution for bastardy is triable in county in which mother of the child resides, and not in county in which defendant resides.-State v. District Court of Blue Earth County, 163 N. W. 797. 51 (Minn.) In a bastardy case, court can allow an amendment to the complaint, where defendant never could have been in any doubt of the exact charges against him.-State v. Solie, 163 N. W. 505. 71 (Minn.) There was no error in instruct ing as to the average period of gestation.-State v. Solie, 163 N. W. 505. BENEFICIAL ASSOCIATIONS. See Insurance, 691. BENEFICIARIES. See Insurance, 769-793. BENEFITS. See Municipal Corporations, 200. A contract void as against public policy furnishes no consideration for a promissory note. -Id. IV. NEGOTIABILITY AND TRANSFER. (A) Instruments Negotiable. 170 (Iowa) Under Negotiable Instruments Law (Code Supp. 1913, § 3060a38), an indorsement without recourse does not destroy a note's negotiability.-Higby v. Bahrenfuss, 163 N. W. 247. V. RIGHTS AND LIABILITIES ON IN. (D) Bona Fide Purchasers. 344 (Iowa) That interest on a note was overdue does not constitute notice of dishonor to an indorsee.-Higby v. Bahrenfuss, 163 N. W. 247. 358 (Wis.) Bank taking bonds and notes as collateral for pre-existing debt held not holder in due course under St. 1915, § 1675-51.-Badger Machinery Co. v. Columbia County Electric Light & Power Co., 163 N. W. 188. VIII. ACTIONS. BEST AND SECONDARY EVIDENCE.452(3) (Mich.) Want of consideration may See Criminal Law, 400, 402; Evidence, 158-186. BICYCLES. See Municipal Corporations, 706. BIDS. See Municipal Corporations, 336, 339. BILL OF EXCEPTIONS. See Exceptions, Bill of. BILL OF SALE. See Chattel Mortgages, BILLS AND NOTES. See Abatement and Revival, 52; Alteration 44, I. REQUISITES AND VALIDITY. (A) Form and Contents of Bills of Exchange, Drafts, Checks, and Orders. 12 (Minn.) Where an outlawed debt is a good consideration for a check, it need not recite that such is the consideration.-Baxter v. Brandenburg, 163 N. W. 516. always be shown in defense of a note, upon suit between the original parties.-East Side Trust & Savings Bank v. McGinnis, 163 N. W. 949. 487 (Iowa) In action on note, defendants' proposed amendment to their cross-petition, at close of testimony, that an agreement releasing them from personal liability had been erased from mortgage securing note, was properly denied, or stricken, where there was no evidence of such erasure.-Higby v. Bahrenfuss, 163 N. W. 247. 520 (Minn.) In an action on a note which defendant was induced to execute through fraud, evidence held to warrant a finding that plaintiff was chargeable with notice of the fraud, and that defendant was not negligent in signing the note.-Stevens v. Pearson, 163 N. W. 769. 520 (Minn.) In action on notes given by purchaser of commercial school, evidence held sufficient to raise issue of plaintiff's misrepresentations and defendant's damage therefrom.Vath v. Wiechmann, 163 N. W. 1028. 525 (Minn.) In an action on a note which defendant was induced to execute through fraud, evidence held to warrant a finding that plaintiff was chargeable with notice of the fraud, and that defendant was not negligent in signing the note.-Stevens v. Pearson, 163 N. W. 769. BLOOD POISON. 23 (Minn.) Where a check is given for a valuable consideration, the drawer is the princi- See Master and Servant, ~385. pal debtor, and, where he has no funds in the drawee bank, he becomes absolutely liable in a suit on the check, which liability survives his BLOOD STAINS. death.-Baxter v. Brandenburg, 163 N. W. 516. See Criminal Law, 404. BOATS. See Bailment, 9, 31, 33. BONA FIDE PURCHASERS. tiff's claim for personal injuries due to a defective approach to a bridge, made full investigation offering inducement to settle, did not amount to a waiver of county's rights to question sufficiency of notice to stop running of three months' statute of limitations in view of See Bills and Notes, 327-358; Vendor and Code, § 3528.-Id. 227–244. BONDS. See Appeal and Error, 1234; Corporations, 473; Counties, 123; Drains, 29; Executors and Administrators, 26, 532, 537; Intoxicating Liquors, 88, 301; Principal and Surety. V. ACTIONS. That officers of county, upon receipt of plaintiff's claim for personal injuries due to defective approach to bridge, made full investigation and ty from pleading statute of limitations.—Id. offered inducement to settle, did not estop coun BRIEFS. See Appeal and Error, 757-762, See Factors. BROKERS. 132 (Wis.) In bond dealer's action to recover installment paid on bonds contingent upon its attorney's approval, evidence that bond market became demoralized, etc., held insufficient to susII. EMPLOYMENT AND AUTHORITY. tain verdict that attorneys in bad faith disap-8(3) (Iowa) In a real estate broker's action proved legality of issue.-Kissel, Kinnicutt & Co. v. Joint School Dist. No. 1, 163 N. W. 167. ESTABLISHMENT. for commissions, evidence held to sustain finding that plaintiff was authorized to act for defendant in procuring a purchaser for real estate. -Johnson v. Buckley, 163 N. W. 342. 8(3) (Iowa) Evidence that broker was employed under contract "to sell" held to sustain allegations of petition that plaintiff was "to find a purchaser" and to warrant finding to that ef fect.-Fawley v. Sheldon, 163 N. W. 585. IV. COMPENSATION AND LIEN. 45 (Iowa) In real estate broker's action for commissions in which it appeared that after rendition of services plaintiff abandoned his efworth in such case, plaintiff cannot recover, and in absence of a showing what services were court properly directed a verdict for defendant. -Johnson v. Doubravsky, 163 N. W. 589. II. EVIDENCE, ASCERTAINMENT, AND 32 (Iowa) a petition to establish a bound-forts and attempted to prevent sale, held that, ary alleging that defendant had fenced a tract of plaintiff's, described by giving its starting point and a line drawn therefrom in one direction, insufficiently describes property in question. Koppes v. Koppes, 163 N. W. 377. 37(5) (Iowa) Evidence of defendant and a surveyor held to sustain a verdict that plaintiff acquiesced in a boundary line run by surveyor pursuant to a partition decree, although such line gave plaintiff some three acres less than contemplated by decree.-Koppes v. Koppes, 163 N. W. 377. 48(7) (Iowa) If parties to a partition decree acquiesce in a division made pursuant to the decree, they are bound thereby, although such division was inaccurate.-Koppes v. Koppes, 163 N. W. 377. 45 (Iowa) Under direct provisions of Code, § 3447 (1), action founded on injury to person on account of defective bridge was barred within 3 months, unless written notice of injury was served upon county within 60 days.-Howe v. Sioux County, 163 N. W. 411. Under Code, § 3447 (1), notice of claim against county for personal injuries which fails to state time of injury is insufficient to stop running of three months' statute of limitations.-Id. That officers of county, upon receipt of plain 56(2) (Iowa) Under broker's contract to find cash purchaser of property, price to be determined by negotiations between owner and buyer, where sale was made direct by owner but not on cash terms, broker is not entitled to commission unless seller had notice that buyer was procured by him.-Fawley v. Sheldon, 163 N. W. 585. 60 (Minn.) Where broker's commission for exchange of land was to be paid only if exchange was made, and contract procured by him was never performed, and he did not show that nonperformance was due to owner's fault, he was not entitled to recover commission.-Appleby v. Dysinger, 163 N. W. 739. 65(1) (Iowa) Where defendant agreed to exchange his farm for another, and his brokers took him to inspect land he was to receive, he could not claim in brokers' suit on note for commission that he relied on and was deceived by their representations that land was worth $150 an acre.-Michaelson v. Schulke, 163 N. W. 228. 65(5) (Iowa) A real estate broker could not chaser had not accepted client's terms, but where recover commissions where his prospective purbroker intended to purchase property personally, and sell it to purchaser.-Braden v. Hollen, 163 N. W. 199. V. ACTIONS FOR COMPENSATION. 86(1) (Iowa) In broker's action for commissions, evidence held to warrant a jury finding for plaintiff.-Johnson v. Doubravsky, 163 N. W. 589. In real estate broker's action for commissions, evidence held to show that after trouble with defendant plaintiff abandoned contract and tried to sell other property to purchaser and made disparaging 'remarks concerning defendant's land.-Id. 86(1) (Minn.) Evidence held to sustain find ing that plaintiff had contracted with defendant for a percentage of selling price for securing purchasers for defendant's land, and that there- | under he procured purchasers and earned the compensation.-Alden v. Sacramento Suburban Fruit Lands Co., 163 N. W. 133. 86(7) (Iowa) In action on note given brokers in payment of commission for making exchange of lands wherein defendant counterclaimed for damages for deceit, evidence held to justify finding that brokers stated land received by defendant was worth $150 an acre, etc., but that de fendant inspected it, with full opportunity to investigate, etc.-Michaelson v. Schulke, 163 N. W. 228. defendants recognized their duty to care for plaintiff under a parol agreement, decree will be ordered providing that while plaintiff shall remain elsewhere defendants shall pay him $300 per year while he ceases to live with defendants, defendants to pay taxes and keep premises in repair.-Canedy v. Turner, 163 N. W. 42. CANCELLATION OF POLICE RECORD. See Records, 11. CARLISLE TABLES. CARMACK AMENDMENT. 86(7) (Iowa) In a real estate broker's action See Evidence, 12. for commissions, evidence held not to show a double agency or acting in interest of the buyer in such bad faith as to warrant denying plaintiff a commission.-Johnson v. Doubravsky, 163 See Carriers, 177, 1812, 185. N. W. 589. CARNAL KNOWLEDGE. 88(1) (Iowa) Whether seller had notice that buyer was procured by broker held for jury un- See Rape; Sodomy, 1. der the evidence.-Fawley v. Sheldon, 163 N. W. 585. 88(7) (Iowa) In broker's action for commission, defendant held entitled to instruction on issue of his want of notice that buyer was procured by plaintiff; that portion of general charge referring to such issue being too narrow under the evidence.-Fawley v. Sheldon, 163 N. W. 585. CARRIERS. See Municipal Corporations, 705, 706; Negligence, 100. I. CONTROL AND REGULATION OF (B) Interstate and International Trans portation. VI. RIGHTS, POWERS, AND LIABILI-28 (Neb.) A milling in transit rate is an enTIES AS TO THIRD PERSONS. 102 (Iowa) In action for fraud in procuring a contract for exchange of defendant's real estate for plaintiff's stock of goods, if defendant real estate brokers deceived plaintiff, their liability could not be minified because they were acting as his agents in transaction.-McCann v. Clark, 163 N. W. 222. 103 (Iowa) In action for fraud in procuring contract for exchange of a defendant's real estate for plaintiff's stock of goods, alleged to have been perpetrated by purported agents of defendant, evidence held not to show a ratification by defendant of alleged fraud.-McCann v. Clark, 163 N. W. 222. 106 (Iowa) In action for fraud in procuring a contract for exchange of defendant's real estate for plaintiff's stock of goods, evidence held not to show fraud or deceit on part of defendant real estate brokers who acted as plaintiff's agents in transaction.-McCann v. Clark, 163 N. W. 222. BUILDING CONTRACTS. See Contracts, ~322. Conveyances, 47, 199, 200. BURDEN OF PROOF. See Criminal Law, 531, 778. See Cemeteries. BURIAL. tirety and must be accepted and carried out in its entirety or not at all.-Fremont Milling Co. v. Chicago & N. W. Ry. Co., 163 N. W. 331. Shipper cannot sue for unused transit credit on shipments from points in state to points outside and to one point in the state, where parts destination, and where milling in transit privilegof each car were forwarded indiscriminately to es have not been complied with.-Id. 30 (Neb.) Shipper and carrier must comply with published tariff rates, and erroneous statements by either will not relieve from such obligation, and construction of tariff rules by agent as to refunds in other cases is immaterial.-Fre mont Milling Co. v. Chicago & N. W. Ry. Co., 163 N. W. 331. II. CARRIAGE OF GOODS. (C) Custody and Control of Goods. 76 (Mich.) In action by shipper against carrier for damages to goods, held, plaintiff was owner of goods, and could maintain action without having secured by assignment consignee's rights. Ithaca Roller Mills v. Ann Arbor R. Co.. 163 N. W. 934. Where goods had been injured in transit, that consignee inspected goods at destination Fraudulent livery placing title in consignee, so as to redid not constitute acceptance making good dequire it to sue for their damage.-Id. CANCELLATION OF INSTRUMENTS. II. PROCEEDINGS AND RELIEF. 57 (Mich.) In suit to cancel deed made by plaintiff to his niece and her husband, where 76 (Minn.) Where defendants and railroad innocently converted wheat, and railroad paid owners and took assignment of cause of shipper's action, defendants, in suit for conversion, could set up defense that railroad could not assert shipper's claim, where it had committed first act in conversion.-Greer v. Equity Co-operative Exchange. 163 N. W. 527. In suit for conversion of car of wheat, brought had no interest in assignment of cause of action, by assignee of shipper, evidence that plaintiff but that railroad had paid shipper, and taken assignment for its own benefit, and brought action thereon was admissible.-Id. (D) Transportation and Delivery by Carrier. 79 (Minn.) Without shipping directions, carrier is not bound to route shipment on intrastate line to secure lower rate, when easier grade and shorter distance call for interstate route, though as to car routed over intrastate line it must re fund under maximum freight rate statute, Gen. I destination.-McElwain v. Union Pac. R. Co., (F) Loss of or Injury to Goods. 132 (Minn.) In view of Gen. St. 1913, §§ 228(1) (Neb.) Where there is proof of un- IV. CARRIAGE OF PASSENGERS. 305(5) (Iowa) In action for passenger's in- 137 (Minn.) In shipper's action for value of (H) Limitation of Liability. show injured passenger's statement to another 159(2) (Iowa) Bill of lading condition that CEMETERIES. by a religious corporation is not governed by 159(2) (Mich.) Shipper of potatoes on a CERTIFICATE. Surgeons, 5. 159(3) (Mich.) In suit for goods damaged in See Acknowledgment, 55; Physicians and CERTIFICATES OF DEPOSIT. 163 (Iowa) In action against carrier for See Banks and Banking, 84. CERTIFICATION. of statement itself.-Erisman v. Chicago, B. & See Elections, 156. (I) Connecting Carriers. 177(1) (Iowa) Liability of connecting and 177(4) (Iowa) Only effect of Carmack 180(5) (Iowa) Bill of lading condition that 1812 (Iowa) Carmack Amendment does not CERTIORARI. 185(1) (Iowa) Rule that plaintiff, to make III. CARRIAGE OF LIVE STOCK. 218(10) (Neb.) Under bill of lading requir- CHANCERY. See Carriers, 305; Criminal Law, 776, CHARGE. By carriers, see Carriers, 28. To jury, see Criminal Law, 759-833, 1172. ment executed by one who is termed the mort- See Process. CIRCUS. 5; Municipal Corporations, CITATION. CITIES. upon personal property as security for a debt See Municipal Corporations. CITIZENS. 34 (Mich.) A so-called bill of sale, reciting See Aliens; Constitutional Law, 208; In- maker's release from so much of his debt as dians. 10 (Iowa) Evidence held insufficient to show (C) Execution and Delivery. N. W. 749. III. CONSTRUCTION AND OPERA- TION. (D) Lien and Priority. CIVIL DAMAGE LAWS. See Intoxicating Liquors, 286-312. CIVIL SERVICE. 138(3) (Iowa) Chattel mortgages executed for rent against the property are superior to his lien.-Guthrie v. Winters, 163 N. W. 208. CLAIM AND DELIVERY. 150(1) (N.D.) Provision that chattel mort-See Replevin. gage be signed by mortgagor in presence of two witnesses in order to be filed was complied with, CLAIMS. though name of one witness, by mistake, appear- See Carriers, 159, 218; Compromise and 170(1) (N.D.) Defendant bank which under COMBINATIONS. VIII. PAYMENT OR PERFORMANCE See Conspiracy. 191. II. SUBJECTS OF REGULATION. 40(1) (Wis.) Where president of foreign 46 (Wis.) Provisions of St. 1915, § 1770b, See Bastards; Guardian and Ward; Infants; Co. v. Kissel Motorcar Co., 163 N. W. 141. CHOSE IN ACTION. See Assignments. III. MEANS AND METHODS OF REG- ULATION. 58 (Minn.) Where only those trains which |