bank received no consideration, did not commit "forgery."-International Finance Corporation v. People's Bank of Keyser, 27 F. (2d) 523.

FRAUD.

II. ACTIONS.

(C) Evidence.

50 (U.S.C.C.A.Fla.) Fraud is never presumed.-Williams v. Penn Mut. Life Ins. Co., 27 F. (2d) 1.

58(1) (U.S.C.C.A.Fla.) Fraud must be proved by person asserting it with reasonable certainty by preponderance of evidence.-Williams v. Penn Mut. Life Ins. Co., 27 F. (2d) 1.

FRAUDS, STATUTE OF.

IX. OPERATION AND EFFECT OF STATUTE.

119(1) (U.S.C.C.A.Tenn.) Agreement by bank official on behalf of bank to take up paper sold was not void under statute of frauds, as against innocent purchaser banks.-Globe Indemnity Co. v. Union & Planters' Bank & Trust Co., 27 F. (2d) 496.

FRAUDULENT CONVEYANCES.

1. TRANSFERS AND TRANSACTIONS
INVALID.

(J) Knowledge and Intent of Grantee. 160 (U.S.C.C.A.Okl.) Title under assignment of interest in estate after institution of suit against assignor for alienation of affections with knowledge of assignee held vulnerable, notwithstanding substantial consideration paid (Comp. St. Okl. 1921, § 6020).-Creekmore v. Overton, 27 F. (2d) 504.

III. REMEDIES OF CREDITORS AND
PURCHASERS.

(A) Persons Entitled to Assert Invalidity.

215 (U.S.C.C.A.Okl.) Plaintiff in tort action is, prior to judgment, a "creditor," within law making transfers with intent to defraud void as against creditors (Comp. St. Okl. 1921, 6020).-Creekmore v. Overton, 27 F. (2d) 504. Plaintiff, suing for alienation of affections, is "creditor," within law providing transfers of property with intent to defraud are void against creditors (Comp. St. Okl. 1921, § 6020).—Id.

(G) Evidence.

298(1) (U.S.C.C.A.Okl.) Purpose of party making conveyance is to be determined by consideration of circumstances, and statements as to intent are not conclusive.-Creekmore v. Overton, 27 F. (2d) 504.

GIFTS.

I. INTER VIVOS.

38 (U.S.C.C.A.N.Y.) Confidential relation between parties to gift requires candor in communication and dealing, and fairest and fullest explanation.-Thaw v. Thaw, 27 F. (2d) 729. Person in whom confidence or trust is reposed must make fullest and fairest explanation, to establish gift from donor who trusted him.-Id.

47 (3) (U.S.C.C.A.N.Y.) Aged woman, making gift to grandson, need not, to secure relief in equity, establish insanity or mental condition rendering her entirely incapable of executing valid gift.-Thaw v. Thaw, 27 F. (2d) 729.

Gift from older member of family to younger member in confidential relation is presumptively invalid.-Id.

49(2) (U.S.C.C.A.N.Y.) Evidence held to require cancellation of gift by grandmother to grandson on ground of undue influence, overreaching, and unconscionable advantage.-Thaw v. Thaw, 27 F.(2d) 729.

GRAND JURY.

25 (U.S.D.C.Pa.) Grand juries have duty of protecting persons from unfounded accusation.-U. S. ex rel. Hassell v. Mathues, 27 F. (2d) 137.

GUARDIAN AND WARD.

IV. SALES AND CONVEYANCES UNDER ORDER OF COURT.

113 (U.S.C.C.A.Okl.) Mere disparity of price for extension of oil leases on minor Indian wards' lands and price for assignment thereof held not to authorize cancellation.-Twist v. Prairie Oil & Gas Co., 27 F. (2d) 470.

Extension of oil leases on wards' lands without public sale held void as not substantially complying with court rule (Oklahoma Supreme Court rule 9).-Id.

HABEAS CORPUS.

I. NATURE AND GROUNDS OF REMEDY.

3 (U.S.D.C.Pa.) Petitioner, claiming protection under statute of limitation, held not entitled to discharge, in view of question of law involved (18 USCA §§ 582, 584, 585).-U. S. ex rel. Hassell v. Mathues, 27 F.(2d) 137.

4 (U.S.C.C.A.Kan.) Habeas corpus cannot be substituted for writ of error.-Barlos v. White, 27 F. (2d) 313.

23 (U.S.D.C.Mass.) District Court had jurisdiction in habeas corpus to determine alien's right to remain.-Ex parte Edmead, 27 F.(2d) 438.

29 (U.S.D.C.Pa.) One protected from proshabeas corpus.-U. S. ecution by limitations may be discharged on ex rel. Hassell v. Mathues, 27 F. (2d) 137.

II. JURISDICTION. PROCEEDINGS, AND

RELIEF.

53 (U.S.C.C.A.Tenn.) Habeas corpus petition held sufficient to entitle petitioner, sought to be removed to another district, to show absence of connection with alleged scheme to defraud (Cr. Code, § 215 [18 USCA § 338]).Jeffries v. Lillard, 27 F. (2d) 230.

56 (U.S.C.C.A.Cal.) Averments of habeas corpus petition, dismissed on demurrer, are deemed true.-Maltez v. Nagle, 27 F. (2d) 835.

57 (U.S.C.C.A.Cal.) Petition for habeas corpus may be made and verified by one authorized to act on behalf of prisoner in peril of being removed from jurisdiction before he can act in person (28 USCA §§ 454, 460; District Court Rule No. 51).-Collins v. Traeger, 27 F. (2d) 842.

85 (2) (U.S.C.C.A.Cal.) Evidence of no valid basis for charge against prisoner in rendition proceeding and complainant's motives held properly rejected in habeas corpus proceeding. -Collins v. Traeger, 27 F.(2d) ́842. ́

87 (U.S.C.C.A.Kan.) That motion to dismiss petition for writ of habeas corpus directed against warden, was made in name of former warden, held immaterial.-Barlos v. White, 27 F. (2d) 313.

92(1) (U.S.D.C.Pa.) Court determines whether relator should stand trial on petition for habeas corpus, not whether guilt has been proved with certainty justifying conviction.-U. S. ex rel. Hassell v. Mathues, 27 F. (2d) 137.

92 (2) (U.S.C.C.A.Cal.) Federal court in habeas corpus proceeding cannot inquire on what information Governor of demanding state acted. Collins v. Traeger, 27 F. (2d) 842.

Constitutionality of state statute, defining offense, alleged in extradition proceeding to have been violated, cannot be determined in habeas corpus proceeding (Cr. Code Ill. c. 38, par. 98). Id.

92(2) (U.S.C.C.A.Mass.) District Court held without jurisdiction to determine merits on petition for habeas corpus seeking release of alien ordered deported, where fair hearing

INDEMNITY.

II. HIGHWAY DISTRICTS AND OFFICERS.

90 (U.S.D.C.Tex.) That second road district was created by Legislature, and was par ticipating in suit, cannot affect right of plaintiff to recover on bonds issued by original corporation (Laws Tex. 1907, c. 84; Laws Tex. Sp. Sess. 1909, c. 7; Laws Tex. 1927, c. 121).—William L. Ross & Co. v. Road Dist. No. 4 of Shelby County, Tex., 27 F. (2d) 153.

IV. TAXES, ASSESSMENTS, AND WORK ON HIGHWAYS.

121 (U.S.Sup.La.) Legislature may empower municipal subdivision to impose taxes for highways, and status of subdivision is not affected by fact that it must secure approval of taxpayers.-(D. C.) St. Louis & S. W. Ry. Co. v. Nattin, 27 F. (24) 766, decree affirmed 48 S. Ct. 438.

122 (U.S.Sup.La.) Statute limiting property owner's right to hearing on tax imposed by road district to 60 days held not unconstitutional (Const. La. 1921, art. 14, § 14; Act La. No. 46 of 1921, §§ 33, 34, 35, 42, 43; Act La. No. 118 of 1921, § 11; Const. U. S. Amend 14). -(D. C.) St. Louis & S. W. Ry. Co. v. Nattin, 27 F.(2d) 766, decree affirmed 48 S. Ct. 438.

136 (U.S.Sup.La.) Police jury's determination of boundaries of road district, where not including entire parish, did not invalidate tax proceedings (Act La. No. 118 of 1921; Const. La. 1921, art. 14, § 14).-(D. C.) St. Louis & S. W. Ry. Co. v. Nattin, 27 F. (24) 766, decree affirmed 48 S. Ct. 438.

137 (U.S.Sup.La.) Any irregularity in creating road district was cured by 60 days' prescription (Const. La. 1921, art. 14, § 14; Act La. No. 46 of 1921, §§ 33, 34, 35, 42, 43; Act La. No. 118 of 1921, § 11).-(D. C.) St. Louis & S. W. Ry. Co. v. Nattin, 27 F.(2d) 766, decree affirmed 48 S. Ct. 438.

148 (U.S.Sup.La.) Railroad company's right to assert case for injunctive relief was not affected by denial of right to sue for another corporation.-(D. C.) St. Louis & S. W. Ry. Co. v. Nattin, 27 F.(2d) 766, decree affirmed 48 S. Ct. 438.

Complaint of property owner, alleging highway district was improperly formed, that tax was levied for indebtedness not due, and that plaintiff was discriminated against and denied hearing held sufficient to permit urging of defense (Const. La. 1921, art. 14, § 14; Act La. No. 118 of 1921; Const. U. S. Amend. 14).-Id.

149 (U.S.Sup.La.) Road district's levy on 1926 assessment to pay semiannual installment on road district's bonds, falling due in March following, held valid (Const. La. 1921, art. 14, § 14, and Act La. No. 118 of 1921).-(D. C.) St. Louis & S. W. Ry. Co. v. Nattin, 27 F. (2d) 766, decree affirmed 48 S. Ct. 438.

HOMESTEAD.

IV. ABANDONMENT, WAIVER, OR FOR

FEITURE.

154 (U.S.D.C.Tex.) "Abandonment," as relates to homestead, is nonjudicial action, while "waiver" is owner's act in judicial proceeding. -In re Brooks, 27 F. (2d) 146.

HUSBAND AND WIFE.

VII. COMMUNITY PROPERTY.

9(1) (U.S.C.C.A.N.Y.) Any obligation Fleet Corporation to indemnify operating agent for expenses held not promise to pay judgment therefor.-U. S. Shipping Board Merchant Fleet Corporation v. Dietrich, 27 F. (2d) 681.

15(6) (U.S.C.C.A.N.Y.) Allegation that Fleet Corporation agreed to pay judgments against its operating agent held not allegation of agreement to pay expenses of voyage.-U. S. Shipping Board Merchant Fleet Corporation v. Dietrich, 27 F. (2d) 681.

15(7) (U.S.C.C.A.N.Y.) Evidence held not to establish Fleet Corporation's promise to pay judgments which might be recovered by shippers against operating agent.-U. S. Shipping Board Merchant Fleet Corporation v. Dietrich, 27 F. (2d) 681.

INDIANS.

15(1) (U.S.C.C.A.Okl.) Indian's trust deed, with purported approval of court, and trustees' reconveyance without restriction, did not remove restrictions on alienation of property (Act May 27, 1908, § 9 [35 Stat. 3315]).Brown v. U. S., 27 F (2d) 274.

Indian's deed held governed by statute in force when it was executed, rather than amendatory statute effective at time of trial (Act May 27, 1908 [35 Stat. 312]; Act April 10, 1926 [44 Stat. 239]).-Id.

United States could maintain suit to cancel Indian's conveyance, made without approval of probate court (Act May 27, 1908, § 6 [35 Stat. 313]).—Id.

15(1) (U.S.D.C.Cal.) No statute extends restrictions on alienation contained in patents issued to Indian homesteaders, nor authorizes President to do so (43 USCA § 190).-U. S. v. Jackson, 27 F. (2d) 751.

Executive orders purporting to extend period of restriction on alienation of Indian homestead lands held without effect (43 USCA § 190).-Id.

15 (1) (U.S.D.C.Idaho) Principle that grants by Indians should be regarded strictissimi juris must be liberally applied, in considering treaties with and statutes affecting them.-U. S. ex rel. Ray v. Hibner, 27 F. (2d) 909.

43

15 (2) (U.S.D.C.Cal.) Statute relating to form and approval of contracts with Indians held inapplicable to conveyance by Indian widow of Indian homesteader (25 USCA § 81; USCA § 190).-U. S. v. Jackson, 27 F. (2d) 751. 24 (U.S.D.C.Cal.) Contracts by Indians, not prohibited by statute, are valid, if they conform to law of state where made.-U. S. v. Jackson, 27 F.(2d) 751.

38(4) (U.S.C.C.A.Okl.) Indictments for possession and transportation to place of possession held to charge different offenses (25 USCA § 244).--McMillan v. U. S., 27 F. (2d) 94.

38 (5) (U.S.C.C.A.Okl.) Evidence as to intoxication of defendant and his conduct at place of possession and transportation held admissible (25 USCA § 244).-McMillan v. U. S., 27 F. (2d) 94.

Evidence held to support conviction for possession of liquor in Indian country (25 USCA § 244).-Id.

INDICTMENT AND INFORMATION. V. REQUISITES AND SUFFICIENCY OF ACCUSATION.

86(4) (U.S.C.C.A.Okl.) Indictments for possession and transportation held to describe place of offense sufficiently (25 USCA § 244).McMillan v. U. S., 27 F. (2d) 94.

ment was immaterial, where language stated offense (Cr. Code, §§ 37, 135, 136 [18 USCA §§ 88, 241, 242]).-Harper v. U. S., 27 F.(2d)

77.

VI. JOINDER OF PARTIES, OFFENSES, AND COUNTS, DUPLICITY, AND

ELECTION.

125 (47) (U.S.C.C.A.Okl.) Indictment for possession of liquor held not duplicitous, as charging violation of different statutes (25 USCA244).-McMillan v. U. S., 27 F.(2d)

94.

129(1) (U.S.C.C.A.Okl.) Charges of possession and transportation of liquor could be joined in one indictment (25 USCA § 244).McMillan v. U. S., 27 E. (2d) 94.

VII. MOTION TO QUASH OR DISMISS, AND DEMURRER.

137(4) (U.S.D.C.Miss.) Motion to quash search warrant and indictment, and suppress evidence, should be overruled as to indictment, where insufficiency of evidence, exclusive of that obtained by search, to sustain indictment, does not appear.-U. S. v. Harbin, 27 F. (2d) 892.

INJUNCTION.

II. SUBJECTS OF PROTECTION AND
RELIEF.

(E) Public Officers and Boards and Mu. nicipalities.

75 (U.S.C.C.A.Va.) Injunction will not lie against executive official to restrain use of government property authorized by Congress and within discretion of executive.-Ferris v. Wilbur, 27 F. (2d) 262.

75 (U.S.D.C.Mass.) Court will not interfere with executive or administrative department's action by injunction, unless necessary to conserve personal or property rights.-Cooley v. Bergin, 27 F (2d) 930.

75 (U.S.D.C.N.Y.) Organization falsely representing by stamps that acts of United States forces in Nicaragua were unlawful could not enjoin exclusion thereof from mails.-Gomez v. Kiely, 27 F. (2d) 889.

(G) Personal Rights and Duties.

101(1) (U.S.D.C.N.Y.) Secondary boycott is legal, unless maliciously intended to destroy another's business and good will.-olian Co. v. Fischer, 27 F. (2d) 560.

Legality of refusal of members of affiliated unions to work with nonunion men depends on motive and justification.-Id.

Refusal of union members to work on premises with nonunion men is not of itself illegal. -Id.

III. ACTIONS FOR INJUNCTIONS. 118(1) (U.S.D.C.Cal.) Petition under Longshoremen's Compensation Act must state more than mere conclusions of law (Longshoremen's and Harbor Workers' Compensation Act, § 21 [33 USCA § 921]).-Perry v. U. S. Employees' Compensation Commission, 27 F. (2d) 144.

IV. PRELIMINARY AND INTERLOCUTORY INJUNCTIONS.

(A) Grounds and Proceedings to Procure. 136(2) (U.S.C.C.A.III.) Holder of certificates in syndicate held entitled to injunction pendente lite to preserve assets in hands of trustees pending suit for refund of subscriptions.-Croissant v. Adams, 27 F. (2d) 48.

136 (2) (U.S.D.C.Cal.) Longshoremen's and Harbor Workers' Compensation Act contemplates interlocutory injunction only when award is made, not denied (Longshoremen's and Harbor Workers' Compensation Act, § 21(b); 33 USCA § 921 (b).-Perry v. U. S. Employees' Compensation Commission, 27 F. (2d) 144.

136 (2) (U.S.D.C.N.Y.) Refusal of members of affiliated unions to work in building in which organs were being installed by plaintiffs' nonunion employees held not to warrant preliminary injunction, where improper motive was not shown.-Eolian Co. v. Fischer, 27 F. (2d) 560.

V. PERMANENT INJUNCTION AND OTHER RELIEF.

194 (U.S.C.C.A.Kan.) In suit to enjoin enforcement of ordinance, court may relieve plaintiff from penalties during time they were testing validity.-City of Marysville v. Standard Oil Co., 27 F. (2d) 478.

V. THE CONTRACT IN GENERAL. (A) Nature, Requisites, and Validity.

125(1) (U.S.D.C.Ga.) Fire insurance being purely personal contract, location of property which parties contracted.-Coffin v. London & insured is not conclusive in fixing law under Edinburgh Ins. Co., 27 F. (2d) 616.

129 (2) (U.S.C.C.A.Va.) Suit to enjoin storage of explosives held properly dismissed as to contractor employed only to construct depot roads. Ferris v. Wilbur, 27 F.(2d) 262.

Suit to enjoin storage of explosives held properly dismissed as to Secretary of the Navy, not served, nor resident of district, nor voluntarily appearing.—Id.

suffi

tract, made with and delivered to insured's broker in New York, held New York contract (Park's Ann. Civ. Code Ga. § 2545).-Coffin v. London & Edinburgh Ins. Co., 27 F. (2d) 616. 133(1) (U.S.D.C.Ga.) Memorandum cient under statute of frauds is not always sufficient compliance with statute requiring that entire fire insurance contract be written (Park's Ann. Civ. Code Ga. § 2470).-Coffin v. London & Edinburgh Ins. Co., 27 F. (2d) 616.

136(4) (U.S.D.C.Tex.) Policy issued pursuant to application requiring insured to be in good health at date of delivery held not effective until delivery.-Ellis v. Standard Accident Ins. Co. of Detroit, Mich., 27 F. (2d) 544.

IX. AVOIDANCE OF POLICY FOR MISREPRESENTATION, FRAUD, OR BREACH OF WARRANTY OR CONDITION.

(A) Grounds in General.

258 (U.S.D.C.Tex.) Applicant, making full and true answers to questions propounded, is not answerable for omission of other facts not inquired about.--Ellis v. Standard Accident Ins. Co. of Detroit, Mich., 27 F.(20) 544.

(B) Matters Relating to Property or Interest Insured.

282(8) (U.S.C.C.A.S.C.) Where purchaser makes payments and takes possession, vendor is not unconditional and sole owner.-First Nat. Bank v. Glens Falls Ins. Co., of Glens Falls, N. Y., 27 F. (2d) 64.

Contract of sale, under which purchasers had defaulted and one had agreed to pay rent, held not breach of vendor's warranty as to ownership.-Id.

(C) Matters Relating to Person Insured.

291(1) (U.S.D.C.Ga.) Representations as to previous health of insured and treatment by physicians, though relating to time several years before application, are material.-Pacific Mut. Life Ins Co. v Manley 27 F (2d) 915.

291 (3) (U.S.D.C.Ga.) Falsity of representations materially affecting risk invalidates policy, irrespective of applicant's good faith (Civ. Code Ga. 1910, §§ 2479. 2480, 2499; Acts Ga. 1912, p. 119, § 21).-Pacific Mut. Life Ins. Co. v. Manley, 27 F.(2d) 915.

292 (U.S.D.C.Ga.) Denial of previous treatment by physicians held material misrepresentation, requiring cancellation of policy, where applicant had six years previously been confined and treated for recurrent severe headaches (Civ. Code Ga. 1910. §§ 2479, 2480, 2499; Acts Ga. 1912, p. 119, § 21).-Pacific Mut. Life Ins. Co. v. Manley, 27 F. (2d) 915.

299 (U.S.D.C.Tex.) Questions, in application for accident insurance, as to insured's earnings exceeding indemnity on policies, held material to risk.-Ellis v. Standard Accident Ins. Co. of Detroit, Mich., 27 F.(2d) 544.

300 (U.S.D.C.Tex.) Accident policy held not avoided because of applicant's failure to mention facts concerning other application on which policy had not yet been delivered.-Ellis v. Standard Accident Ins. Co. of Detroit, Mich., 27 F. (2d) 544.

I. FORFEITURE OF POLICY FOR BREACH OF PROMISSORY WARRANTY, COVENANT, OR CONDITION SUBSEQUENT.

(A) Grounds in General. ~311(1) (U.S.C.C.A.Ohio) Fire policies held not forfeited as to owner of fee for violation of provision precluding recovery if hazard was increased. Hartford Fire Ins. Co. v. Morris, 27 F.(2d) 508.

311(3) (U.S.C.C.A.Ohio) Fire policies held not forfeited as to mortgagee and trustee for violation of provision precluding recovery if hazard was increased.-Hartford Fire Ins. Co. v. Morris, 27 F. (2d) 508.

XII. RISKS AND CAUSES OF LOSS.

(A) Marine Insurance.

402 (U.S.D.C.Cal.) Marine policy, covering goods in transit "until safely deposited in * warehouse at destination," covered loss in custom house, notwithstanding intended reshipment.-Lindo v. Ocean Marine Ins. Co., 27 F. (2d) 956.

(B) Insurance of Property and Titles.

425 (U.S.D.C.Kan.) Fidelity surety held not liable for robbery loss after employee terminated employment, though he participated in conspiracy to rob previously hatched.--Montgomery County Nat. Bank v. National Surety Co., 27 F. (2d) 455.

(C) Guaranty and Indemnity Insurance. 430 (U.S.C.C.A.Tenn.) Where bank official agreed bank would take back paper he personally sold before his renewal bond was made in one case, and before original bond in another case, bondsman was liable on bonds in force, when loss occurred where bank took up paper. -Globe Indemnity Co. v. Union & Planters' Bank & Trust Co., 27 F. (2d) 496.

Bank official's indemnity bond held to include loss by bank's taking up notes without previous adjudication of liability on notes personally sold by official.-Id.

430 (U.S.D.C.Kan.) On issue whether surety of bank president is liable for his acts as cashier, federal court should look in turn to bank's by-laws, laws of state, and general principles.-Centerville State Bank V. National Surety Co., 27 F. (2d) 552. Bank president's surety held not liable for his acts as cashier.-Id.

Bank held estopped to assert that it was oneman bank, and that duties of president and cashier were identical as affects liability on fidelity bond (Rev. St. Kan. 1923, 9-109).—Id. 435 (U.S.C.C.A.Or.) Within indemnity policy of hop field operator, one employed and being transported by employer to field, held "employee," and injured in "work necessary and incidental" to hop picking.-E. Clemens Horst Co. v. Hartford Accident & Indemnity Co., 27 F. (2d) 42.

XIII. EXTENT OF LOSS AND LIABILITY OF INSURER.

(A) Marine Insurance.

474 (U.S.C.C.A.N.Y.) In cases of partial losses of valued cargoes, insured is coinsurer if value increases, and recovers proportion of agreed value which loss bears to sound value.Gulf Refining Co. v. Atlantic Mut. Ins. Co., 27 F. (2d) 678.

475 (U.S.C.C.A.N.Y.) Insurance "on liens p. p. i. and f. i. a." held valued insurance, concluding insurers as to damages payable on loss of vessel.-Wendell P. Colton Co. v. New York & Cuba Mail S. S. Co., 27 F.(2d) 657.

475 (U.S.C.C.A.N.Y.) In cases of general average contribution by valued cargoes, insured is coinsurer if value increases, and recovers proportion of agreed value which loss bears to sound value.-Gulf Refining Co. v. Atlantic Mut. Ins. Co., 27 F. (2d) 678.

Agreed value of cargo does not merely limit recovery, but assures underwriter against increases in value.-Id.

Agreed value of insured cargo is not mutual estoppel of parties to go outside such value. -Id.

Rule for reckoning partial losses of cargoes applies to general average contributions.-Id.

Whether insured is coinsurer to extent that sound value exceeds agreed value cannot be decided on assumption of universality of custom of paying only proportion which general average contribution bears to agreed value.-Id.