a surety on a poor debtor's recognizance held
not discharged by the subsequent adjudication
of the debtor as a bankrupt.-Carpenter V.
Goddard (Mass.) 953.

Claim for goods obtained under false state-
ment held released by discharge in bankruptcy,
under Bankr. Act July 1, 1898, c. 541, §§ 17,
63a, 30 Stat. 550, 562 [U. S. Comp. St. 1901,
pp. 3428, 3447], where not reduced to judg-
ment before discharge in bankruptcy.-Tindle
v. Birkett (N. Y.) 25.

BENEFICIAL ASSOCIATIONS.

See "Associations."

Building or loan associations, see "Building
and Loan Associations."
Insurance associations, see "Insurance," § 11.
Pleading in suit to compel reinstatement of
member, see "Equity," § 2.

The officers of local bodies of a beneficial as-
sociation being under its constitution its agents
to collect dues, held it was charged with their
knowledge when receiving dues that a member
had engaged in a more hazardous business.-
Brotherhood of Painters, Decorators and Paper-
hangers of America v. Moore (Ind. App.) 262.

The provision of a beneficial association's con-
stitution, against recovery of benefits, held
waived by its receiving dues from a member
with knowledge that he had engaged in a more
hazardous occupation.-Brotherhood of Paint-
ers, Decorators and Paperhangers of America
v. Moore (Ind. App.) 262.

change, after his injury, in a beneficial associa-
Rights of a member held not affected by the

Decorators and Paperhangers of America v.
tion's constitution.-Brotherhood of Painters,
Moore (Ind. App.) 262.

The complaint against a beneficial association
held to allege a permanent disability.-Brother-
hood of Painters, Decorators and Paperhangers
of America v. Moore (Ind. App.) 262.

BEST AND SECONDARY EVIDENCE.
In civil actions, see "Evidence," § 4.
In criminal prosecutions, see "Criminal Law,"
$ 5.

§ 1. Proceedings under bastardy laws.
An appeal from an affirmance of a judgment
in bastardy by the Appellate Court will be dis-
missed where no error was assigned as to the
proceedings in the Appellate Court.-Kominski See "Gaming."
v. People (Ill.) 717.

§ 2. Property.

BETTING.

BIAS.

The right of an illegitimate child to inherit Of witness, see "Witnesses," § 1.
from his father, under Burns' Ann. St. 1901, §
2630a, held not affected by the fact that the
father's acknowledgement of the child occurred

BILL OF EXCEPTIONS.

prior to the enactment of the statute.-Town- See "Exceptions, Bill of."
send v. Meneley (Ind. App.) 321.

On an issue as to what constitutes acknowl-
edgment of an illegitimate child within Burns'

BILL OF PARTICULARS.

Ann. St. 1901, § 2630a, relating to inheritance See "Pleading," § 5.
by bastards, an instruction as to what would
constitute acknowledgment held not erroneous
as an invasion of the province of the jury.-
Daggy v. Wells (Ind. App.) 524.

*Burns' Ann. St. 1901, § 2630a, permitting
illegitimate children who have been acknowl-
edged by the father to inherit, held to apply to
a case where the recognition was prior to the
statute.-Daggy v. Wells (Ind. App.) 524.

BATTERY.

See "Assault and Battery."

BILLS AND NOTES.

Creation of estate by entirety by note and
mortgage to husband and wife, see "Husband
and Wife," § 1.

Effect of giving note as changing advancement
to loan, see "Descent and Distribution," § 1.
False pretense in issuing check, see "False Pre-
tenses.'

Findings by jury in action on note, see "Trial,"
11.

Harmless error in action on note, see "Appeal
and Error," § 23.

*Point annotated. See syllabus.

Where a deed divided a dwelling house accord-
Under Burns' Ann. St. 1901, § 7517, the re-ing to certain partitions, "together with the
newal, by the seller of a horse, of a warranty southern half of the land adjoining thereto," the
and agreement to take the horse back if he was land was divided by the same general partition
not satisfactory, held not to have prejudiced the line that divided the house, and extended in a
rights of an assignee of notes given for the pur- straight course to the end boundary lines.-
chase price.-Rosenthal v. Rambo (Ind. Sup.) Jeffrey v. Winter (Mass.) 282.

Under Rev. Laws, c. 73, §§ 67, 80, 81, 138,
one who indorses a note before delivery to the See "Conspiracy," § 1; "Torts."
payee, and subsequently pays the same, there-
by extinguishes the note, and it cannot be again
transferred or made the basis of an action.-
Quimby v. Varnum (Mass.) 671.

to show delivery of the note.-Godman v. Henby On appeal or writ of error, see "Appeal and
(Ind. App.) 423.

.* Point annotated. See syllabus.

ficient, so that such sale, the customer having
failed to respond, constituted a conversion.-
Content v. Banner (N. Y.) 913.

*Sale of securities by stockbroker without
notice to customer held a conversion.-Content
v. Banner (N. Y.) 913.

2. Compensation and lien.

§ 1. Proceedings and relief.

In a suit to cancel a deed, a paragraph of
the complaint held to state a cause of action.-
Warner v. Jennings (Ind. App.) 1013.

CANVASS OF VOTES.

In an action for broker's commissions, a para- See "Elections," § 1.
graph of the answer alleging collusion between
the broker and the proposed purchaser_held to
state a sufficient defense.-McAfee v. Bending
(Ind. App.) 412.

A broker employed to sell a note and mortgage
for defendants, held not entitled to commissions;
the proof failing to disclose a performance of his
engagement.-Wiggin v. Holbrook (Mass.) 463.
§ 3. Actions for compensation.

A complaint for broker's services held sufficient
after verdict, though it failed to allege that the
check tendered by the purchaser to defendant
was indorsed in such form as to have enabled
defendant to obtain the money thereon.-McAfee
v. Bending (Ind. App.) 412.

A complaint in an action for broker's services
held sufficient after verdict, though it failed to
allege nonpayment by defendant of the amount
demanded.—McAfee v. Bending (Ind. App.) 412.

BUILDING AND LOAN ASSOCIATIONS.

A transfer of funds of a building association
by its treasurer to its secretary held to entitle
the treasurer to a credit therefor as against the
association.-Indiana Trust Co. v. International
Building & Loan Ass'n No. 2 (Ind. Sup.) 304.

BUILDING CONTRACTS.

See "Contracts,", § 5; "Interest," § 1; "Me-

chanics' Liens."

Applicability of instructions in action on, see
Trial," § 7.

Assessment of damages for breach, see "Dam-
ages," § 3.
Completion of work under as question for jury.

see "Trial, § 4.

Construction of instruction in action on, see
"Trial," § 9.

Evidence of res gestæ in action on, see "Evi-
dence," § 3.

Examination of witness in action on, see "Wit-
nesses," § 2.

Harmless error in action on, see "Appeal and
Error," § 22.

Instructions in action on, see “Trial,” § 5.

BULK STOCK LAWS.

Sales of stocks of goods in bulk in fraud of
creditors, see "Fraudulent Conveyances," § 1.

BY-LAWS.

Of corporations in general, see "Corporations,"
§ 2.
Of municipal corporation, see "Municipal Cor-
porations," § 1.

CALENDARS.

Computation of time, see "Time."

CANCELLATION OF INSTRUMENTS.
See "Quieting Title"; "Reformation of In-
struments."

See "Shipping."

CARGO.

CARRIERS.

Applicability of instructions in action for ejec-
tion of passenger, see "Trial," § 7.
Applicability of instructions in action for in-
juries to passenger, see "Trial," § 7.
Examination of witness in action against, see
"Witnesses," § 2.

Instructions in general in action for injuries to
passenger, see "Trial," § 6.

Joint liability of railroad companies for in-
juries to passenger in collision at crossings,
see "Railroads," § 5.

Objections for purpose of review in action for
injuries to passenger, see "Appeal and Error,"
$ 4.

1. Control and regulation of common
carriers.

Knowledge of a messenger company that mes-
not to render it a common carrier.-Haskell v.
sengers were employed to carry money held
Boston Dist. Messenger Co. (Mass.) 215.

*Messenger company held not a common car-
rier of things intrusted to messenger.-Haskell
v. Boston Dist. Messenger Co. (Mass.) 215.

2. Carriage of goods.

Under a contract of shipment of fruit, the
presumptively the cause of the injury to the
shipper's failure to supply sufficient ice held
fruit, in the absence of evidence of a default

on the carrier's part.-Chicago, I. & L. Ry.
Co. v. Reyman (Ind. Sup.) 970.

*In an action for negligent delay in transport-
ing theatrical properties, the measure of dama-
ges determined.-Weston v. Boston & M. R.
R. (Mass.) 1050.

§ 3. Carriage of live stock.

Failure of plaintiff's agent to tear off placards
labeled "Southern Cattle" from cars in which
plaintiff's cattle were shipped held not such con-
tributory negligence as to reduce the damages
recoverable against a railroad for wrongfully
using such placards, and thereby indicating that
plaintiff's cattle were diseased.-Wabash R. Co.
v. Campbell (Ill.) 346.

On the issue of damages for the negligence of
a railroad in shipping cattle in cars erroneously
placarded "Southern Cattle," thereby indicating
that the cattle were diseased, evidence as to what
the cattle subsequently sold for was properly ex-
cluded.-Wabash R. Co. v. Campbell (Ill.) 346.

Measure of damages for negligence of railroad
in shipping cattle in cars erroneously placarded
"Southern Cattle" defined.-Wabash R. Co. v.
Campbell (Ill.) 346.

Where a railroad erroneously placarded cars
carrying cattle "Southern Cattle," thereby in-
dicating that the cattle were diseased, the ques-
tion whether plaintiff's agent used proper efforts
to reduce the damages arising from such erro-
neous placarding was one of fact.-Wabash R.
Co. v. Campbell (Ill.) 346.
*Point annotated. See syllabus.

Rescission of contract, see "Contracts," § 3;
"Exchange of Property."

4. Carriage of passengers-Relation *In an action against a carrier for personal
between carrier and passenger. injuries to a passenger, if defendant relies on
The relation of passenger and carrier is creat- any special contract limiting its liability, such
ed by contract. Chicago Union Traction Co. v. contract must be specifically pleaded.-Pitts-
O'Brien (Ill.) 341.
burgh, C., C. & St. L. Ry. Co. v. Higgs (Ind.
Sup.) 299.

*A person desiring passage who boards a
street car stopping at a customary place to re-
ceive passengers, and indicating his intention to
become a passenger, without notice that persons
are not invited to board, cannot be treated as a
trespasser.-Hall v. Terre Haute Electric Co.
(Ind. App.) 334.

*Where a street car company stops a car
equipped for carrying passengers at a place se-
lected to receive passengers, a person attempting
to board the car becomes a passenger.-Hall v.
Terre Haute Electric Co. (Ind. App.) 334.

*A special contract with a street car company
based on the payment of fare is not essential to
make a person boarding a car stopping at the
customary place a passenger.--Hall v. Terre
Haute Electric Co. (Ind. App.) 334.

Where plaintiff had not been accepted as a
passenger on a street car at the time he was
injured while attempting to alight, the car-
rier was only bound to exercise ordinary care
to prevent such injury. Robertson v. Boston
& N. St. Ry. Co. (Mass.) 513.
§ 5. Fares, tickets, and special con-
Conditions in a railroad ticket for identifica-
tion of the holder as the original purchaser and
validation of the return portion by the carrier's
agent held reasonable.-Pittsburgh, C., C. &
St. L. Ry. Co. v. Coll (Ind. App.) 816.

tracts.

*A passenger's right to transportation on re-
turn portion of a ticket held not affected by the
arbitrary refusal of the carrier's agent to stamp
and validate the ticket when requested so to
do. Pittsburgh, C., C. & St. L. Ry. Co. v.
Coll (Ind. App.) 816.

§ 6.

Performance of contract of
transportation.

In an action against a carrier for damages
from breach of a contract whereby a passenger
was entitled to a drawing room in a sleeper, held
proper to admit evidence that plaintiff was
offered other accomodation.-Ingraham v. Pull-
man Co. (Mass.) 237.

*Where there was a breach of a contract
whereby a passenger was entitled to a drawing
room in a sleeping car, held that injury to
health by reason of a breach might be fairly
presumed to have been within the contempla-
tion of the parties.-Ingraham v. Pullman Co.
(Mass.) 237.

Personal injuries.

In an action for injuries to a passenger, in-
struction as to duties of carrier held warranted.
Chicago Union Traction Co. v. O'Brien (Ill.)

341.

The prima facie case of negligence arising
from evidence of a collision between two of de-
fendant's trains may be overcome by evidence
that the accident could not have been avoided
by the exercise of the highest practical care and
diligence.-Pittsburgh, C., C. & St. L. Ry. Co.
v. Higgs (Ind. Sup.) 299.

*An action for injury to a passenger for hire,
caused by defendant's negligence as a carrier,
held to be for tort and not on contract.-Pitts-
burgh, C., C. & St. L. Ry. Co. v. Higgs (Ind.
Sup.) 299.

In an action against a carrier for personal in-
juries to a passenger, held that there was no
variance.-Pittsburgh, C., C. & St. L. Ry. Co.
v. Higgs (Ind. Sup.) 299.

*A common carrier of passengers for hire or
reward cannot legally exempt itself from liabili-
ty for negligence of itself or servants.-Pitts-
burgh, C., Č. & St. L. Ry. Co. v. Higgs (Ind.
Sup.) 299.

Fact that no previous similar injury had oc-
curred held not of itself to relieve a street rail-
way from liability for injuries to a passenger.
Union Traction Co. v. Sullivan (Ind. App.)
116.

*In an action for injuries to a passenger, pre-
sumption of negligence held sufficient to sustain
the verdict. Cincinnati. I. & W. Ry. Co. v.
Bravard (Ind. App.) 899.

*In an action for injuries to a passenger
caused by a car leaving the track and violently
stopping the train, negligence is presumed from
the fact of the accident.-Cincinnati, I. & W.
Ry. Co. v. Bravard (Ind. App.) 899.

character of the train and the condition of the
In an action for injuries to a passenger, the
cars and appliances must be taken into account
in determining whether the train was negligently
or carefully operated.-Cincinnati, I. & W. Ry.
Co. v. Bravard (Ind. App.) 899.

*Carrier held not liable for injuries to a
passenger caused by inevitable accident.-Cin-
cinnati, I. & W. Ry. Co. v. Bravard (Ind.
App.) 899.

*Slight negligence is sufficient to render a
carrier liable to a passenger injured without
his own fault.-Cincinnati, I. & W. Ry. Co.
v. Bravard (Ind. App.) 899.

*A carrier is absolutely liable for injuries
to a passenger caused by the misconduct of its
servants while engaged in the performance of
the contract of carriage.-Hayne v. Union St.
Ry. Co. (Mass.) 219.

Carrier held liable for injuries to a passenger
by misconduct of the conductor of a car other
than that in which plaintiff was riding.-Hayne
v. Union St. Ry. Co. (Mass.) 219.

"Gross negligence" as used in Rev. Laws, c.
111, § 267, providing a liability for death of a
passenger caused by the "gross negligence" of
the carrier's servants, held satisfied by proof of
conduct constituting a reckless or willful dis-
regard of consequences. Spooner v. Old Colony
St. Ry. Co. (Mass.) 660.

*Ordinary jolts of a street car caused by its
operation over the track held an inconvenience
which is assumed by passengers.-Spooner v.
Old Colony St. Ry. Co. (Mass.) 660.

*A carrier held bound to provide proper facili-
ties for the transportation of a passenger, in-
cluding competent servants, and to carry him
safely to his destination.-Spooner v. Old Col-
ony St. Ry. Co. (Mass.) 660.

door open by reason of the closeness of the air
Where the servants of the carrier left the car
in the car, the carrier was not bound to keep it
from closing at a time when the car was in mo-
tion and before the next station was called.-
Weinschenck v. New York, N. H. & H. R. R.
(Mass.) 662.

That a car door which had been opened by the
carrier's servant was violently closed by an un-
usual jolt of the car did not show negligence of
the carrier.-Weinschenck v. New York, N. H.
& H. R. R. (Mass.) 662.
* Point annotated. See syllabus.

*In an action by a passenger for injuries, the
question of contributory negligence held for the
jury.-Hall v. Terre Haute Electric Co. (Ind.
App.) 334.

A passenger on a street car held not guilty of
negligence in seating himself in a rear seat
facing the rear of the car.-Spooner v. Old Col-
ony St. Ry. Co. (Mass.) 660.

In an action for death of a passenger, evidence
held to justify a finding of gross negligence on
the part of the carrier's servants in operating
the car, justifying a recovery under Rev. Laws,
c. 111, § 267.-Spooner v. Old Colony St. Ry.
Co. (Mass.) 660.

*Where a passenger while standing on the
running board of an open car was struck by
a pole erected by the company, the question of
his contributory negligence was for the jury.
Mason v. Boston & N. St. Ry. Co. (Mass.) 717.
§ 9. Ejection of passengers and in-

truders.

A complaint against a carrier for the refusal
of its agent to validate plaintiff's return ticket
held to state a cause of action in tort, and not
in contract.-Pittsburgh, C., C. & St. L. Ry.
Co. v. Coll (Ind. App.) 816.

*A verdict for $2,000 in favor of plaintiff, in
an action against the carrier for refusal to
validate plaintiff's return ticket, held so ex-
cessive as to indicate passion and prejudice.-
Pittsburgh, C., C. & St. L. Ry. Co. v. Coll
(Ind. App.) 816.

See "Animals."

CATTLE.

CAUSE OF ACTION.

See "Action."

CERTAINTY.

As to beneficiaries, see "Charities," § 1.

CERTIFICATE.

As evidence, see "Evidence," § 8.

Of election, see "Elections," § 1.

Of insurance, see "Insurance," § 11.

Of record for purpose of review, see "Appeal
and Error," § 7.

CHANCERY.

CHANGE OF VENUE.

Of civil action, see "Venue," § 2.
Of criminal prosecutions, see "Criminal Law,"
§ 1.

CHARGE.

To jury in civil actions, see "Trial," §§ 5-9.
To jury in criminal prosecutions, see "Criminal
Law," §§ 9-11.

CHARITIES.

§ 1. Creation, existence, and validity.
A conveyance to the trustees of an unincor-
porated congregation is in the nature of a
charitable trust, and all the members of the
congregation are beneficiaries.-Christian Church
of Sand Creek v. Church of Christ of Sand
Creek (Ill.) 703.

*Where a resident of this state bequeaths
funds in trust to an officer of a church in an-
other state to acquire lands and erect church
buildings in that state, the validity of the trust
as well as the competency of the donee is to
be determined by the laws of the state in
which the trust is to be executed.-Mount v.
Tuttle (N. Y.) 873.

bequest was not competent to take held justified.
*A finding that the grantee of a charitable
-Mount v. Tuttle (N. Y.) 873.

§ 2. Construction, administration, and

enforcement.

Under Laws 1893, p. 1748, c. 701, relative
to charitable gifts, a charitable bequest to a
religious corporation which does not, as a mat-
ter of fact, exist at the time the will is made.
and which is not organized thereafter, cannot
be enforced by directing the trustees of the gift
to organize such corporation.-Mount v. Tuttle
(N. Y.) 873.

CHARTER PARTIES.

See "Shipping," § 1.

CHATTEL MORTGAGES.

1. Requisites and validity.
*A bill of sale, though absolute in form, is
but a mortgage, where given under an oral
agreement that it shall be held simply as se-
curity for the seller's indebtedness.-Clark v.
Williams (Mass.) 723.

§ 2. Construction and operation.

*Mortgage of after-acquired chattels operates
as an executory agreement that the goods when
acquired shall be held by the mortgagee as se-
curity, and the mortgagee may take possession
*Point annotated. See syllabus.

Teacher's certificate, see "Schools and School
Districts," § 1.

76 N.E.-73