sulted. Liberal Coal & Mining Co. v. McAles-

ter Fuel Co., 178.

(B) Affirmance.
1140(4) (Mont.) Trial court's error in sub-
1046(3) (Okl.) Where amount not disput-mitting cause of action and erroneous item of
ed, defendant entitled to open and close on his damages held rectifiable by remittitur without
affirmative defenses.-Rennie v. J. I. Case
new trial.-Shipler v. Potomac Copper Co.,
Threshing Mach. Co., 626.
1097.

(D) Reversal.

1047 (3) (Idaho) Striking answers of wit-
ness to questions put by trial judge not reversi-
ble error where same testimony otherwise giv-1161 (Kan.) Statement in brief held not a
en.-Caravelis v. Cacavas, 110.
confession that recovery was excessive.-Hard-
wick v. Kansas City Rys. Co., 1043.

1050(1) (Okl.) One cannot complain of
evidence where similar evidence admitted with-
out objection.-Rock Island Coal Mining Co. v.
Galvin, 832.

of

1170(3) (Kan.) Sustaining demurrer to
evidence because cause barred by limitations
not abuse of discretion.-Atwood Mercantile
Co. v. Rooney, 1048.

1050(1) (Utah) Improper admission
testimony held not reversible error.-McLaugh- 1170(3) (Okl.) Joinder of issue by plaintiff
suit.-Brockhaus v. Killough, 863.
waives objections to counterclaim in attachment

lin v. Chief Consol. Mining Co., 726.
1050(2) (Kan.) Immaterial evidence held
not reversible error.-Hoard v. White, 296.
1050(2) (Kan.) Admission of immaterial 170(9) (Kan.) Instructions as to burden of
evidence held not prejudicial.-Carl v. Ackard, proof held not inconsistent and misleading.—
Durst v. Slusher, 1019.

515.
1051 (3) (Or.) Admission of evidence of 1170(9) (Okl.) No reversal for errone-
matter admitted harmless.-Sather v. Giaconi,
740.

1052(5) (Mont.) If plaintiff's testimony
of value was improperly received, defendant
could not complain where verdict was based on
defendant's testimony of value.-Shipler v.
Potomac Cooper Co., 1097.

ous instructions not affecting substantial
rights.-Davis v. Alexander, 358.

1173(1) (Wash.) Court may dismiss action
against defendant, where there is no evidence
M. & M. Const. Co., 803.
justifying a verdict against him.-Babcock v.

1175(7) (Okl.) Supreme Court may ren-
1053(7) (Or.) Admission of evidence of der decree where successive appeals have de-
loss of profits harmless where issue with-termined law of case.-Midland Savings & Loan
Co. v. Sutton, 663.
drawn.-Sather v. Giaconi, 740.

1060(1) (Okl.) Misconduct of counsel not 1175(7) (Okl.) Supreme Court may render
ground for reversal, unless
proper judgment in equity, where judgment be-
prejudicial.-
Knights and Ladies of Security v. Bell, 594.
low against weight of evidence.-Derdyn v.
Low, 945.
1064(1) (Kan.) Instruction on physician's
duty held harmless.-James v. Grigsby, 267.

re-

176(1) (Utah) Cause remanded on
versal with directions to enter findings, conclu-
sions, and judgment in absence of fact ques-
tions. Stewart v. Heywood, 717.

1064(1) (Okl.) Instructions requiring jury
to decide between conflicting principles of law
ground for reversal.-Hines v. Dean, 860.
1064(4) (Okl.) Loosely drawn instructions1178(6) (Kan.) Statute held to require re-
mand on reversal of judgment in alienation suit
held not ground for reversal.-Knights and
Ladies of Security v. Bell, 594.
to ascertain damages.-Bracken v. Champlin,
1027.

1066 (Mont.) Unwarranted reference to
plaintiff's husband in instruction harmless.-
Himmelbauer v. Union Bank & Trust Co., 84.

1067 (Mont.) Refusal of instruction held
reversible error.-James v. Speer, 535.

1068 (2) (Kan.) Instruction not prejudicial
where finding based on other grounds.-Bollin-
ger v. Schaff, 274.

1070(1) (Okl.) Defective form of verdict
held harmless.-Raible v. Yawman, 463.

1070 (2) (Kan.) Erroneous special finding
in automobile accident case, held immaterial
and not to vitiate other findings.-Wrage v.
King, 259.

1071 (1) (Cal.App.) Form of findings held
not to warrant reversal.-Reid v. Kerr, 688.
1071(1) (Okl.) Failure to separately
state findings of fact and conclusions of law
held reversible error.-Grant v. Mathis, 331.

1192 (Okl.) Cause reversed and remanded,
with directions, stands below as if no trial
had.-McIntosh v. Lynch, 367.

1195(1) (Okl.) Law of case in successive
appeals binding in subsequent proceedings in
lower court.-Midland Savings & Loan Co. v.
Sutton, 663.

1198 (Okl.) Judgment following mandate
and opinion of Supreme Court not disturbed.
-Walker v. Bahnsen, 334.
to refuse amend-
1201 (3) (Okl.) Error
ments below on reversal and remand with di-
rections.-McIntosh v. Lynch, 367.

1216 (Okl.) Findings of trial court in con-
travention to remand may be disregarded.-
1071 (5) (Cal.App.) Immaterial finding not Midland Savings & Loan Co. v. Sutton, 663.
in accord with evidence held not prejudicial.-1216 (Wash.) Portion of judgment of
Nelson v. Dutton, 12.

(1) Error Waived in Appellate Court.
1078(1) (Mont.) Errors not argued in
brief deemed waived.-F. B. Connelly Co. v.
Schleuter Bros., 103.

1078(5) (Utah) Failure to make findings
waived when not argued in brief.-Eagle
ber Co. v. Burton Lumber Co., 1069.

lower court on going down of remittitur, not
authorized by Supreme Court, a nullity.-State
v. Superior Court of Washington in and for
Spokane County, 5.

Lum-1241 (Okl.) Return of identical property
does not avoid penalties on bond, where market
value decreased.-Gerber v. Wehner, 648.

(K) Subsequent Appeals.
1097(1) (Okl.) Law of case in successive
appeals binding in subsequent proceedings.-
Midland Savings & Loan Co. v. Sutton, 663.

XVII. DETERMINATION AND DISPOSI-
TION OF CAUSE.

(A) Decision in General.

1108 (Okl.) Judgment affirmed on motion
by appellants after settlement of minors' in-
terests. Verdine v. Cosden & Co., 329.

1241 (Okl.) Consideration of bond for stay
of execution on money judgment stated.-Na-
tional Surety Co. v. Craig. 943.

Second supersedeas bond filed in same case
held nullity.-Id.

Bond replacing one illegally canceled by court
held void.-Id.

APPEARANCE.

24(1) (Okl.) Filing demurrer waives de-
fects in summons.-Kirk v. McClendon, 949.

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

ARGUMENT OF COUNSEL.

See Criminal Law, 721; Trial, 109.

ASSESSMENT.

See Taxation, 348–495.

ASSIGNMENTS.

ATTORNEY AND CLIENT.

See Criminal Law, 721; Trial, 109.

I. THE OFFICE OF ATTORNEY.
(C) Suspension and Disbarment.
36(1) (Or.) Court has power to strike
from roll name of dishonest or untrustworthy
attorney. State v. Woerndle, 744.

1. REQUISITES AND VALIDITY.
39 (Or.) Attorney guilty of perjury sub-
(B) Mode and Sufficiency of Assignment. ject to disbarment.-State v. Woerndle, 744.
34 (Okl.) Proceeds of cause of action on 42 (Or.) Attorney's fraud on court and cli-
written contract must be assigned in writing.ent held to require disbarment.-State v. Gold-
stein, 565.
Automobile Ins. Co. of Hartford, Conn., v.
Lewis, 639.

Substitution of assignee as plaintiff under
oral agreement held not warranted.-Id.

50(1) (Utah) Order authorizing debtor to
take up checks issued by creditor to others held
equitable assignment.-Stewart v. Heywood,

717.

44(1) (Or.) Attorney's fraud on court and
client held to require disbarment.-State v.

Goldstein, 565.

46 (Or.) Motive considered in mitigation
of offense alleged as ground for disbarment.-
State v. Woerndle, 744.

Court not inhibited from action in disbar-
ment proceedings by time limitation on pros-
ecution of such proceedings.-Id.

55 (Utah) Assignment of part of fund in
debtor's hands in payment of claim supported
by consideration.-Stewart v. Heywood, 717.54 (Or.) Findings of judge appointed as
58 (Utah) Order drawn on debtor for part referee entitled to great weight.-State v. Gold-
of fund in his hands operates as equitable as-
stein, 565.
signment in absence of objection.-Stewart v.
Heywood, 717.

58 (Or.) Attorney filing false affidavit sus-
pended for 6 months.-State v. Woerndle, 744.
III. DUTIES AND LIABILITIES OF AT-
TORNEY TO CLIENT.

59 (Utah) Mistake in listing indebtedness
in schedule and giving check for amount im-
material on issue as to assignment of fund to 106 (Or.) Duty of attorney to client de-
creditors.-Stewart v. Heywood, 717.

fined.-State v. Goldstein, 565.

BAIL.

II. IN CRIMINAL PROSECUTIONS.

40 (Cal.App.) Accused not entitled to re-
lease without giving bail.-Ex parte Hall, 23.

43 (Cal.App.) One accused of threatening
to kill another entitled to release from custody
on bail pending preliminary hearing.Ex parte
Hall, 23.

79(1) (Wash.) Order returning bail not
reversed except for abuse of discretion.-State
v. Olson, 776.

79(2) (Wash.) Return of only part of bail
held not to show abuse of discretion.-State v.
Olson, 776.

BANKRUPTCY.

III. ASSIGNMENT, ADMINISTRATION,
AND DISTRIBUTION OF BANK-
RUPT'S ESTATE.

(B) Assignment, and Title, Rights, and
Remedies of Trustee in General.

145(4) (Okl.) Mortgagee receiving after-
acquired property held liable to mortgagor's
trustee in bankruptcy.-Snow v. Cody, 578.

(E) Actions by or Against Trustee.
pay-303 (3) (Okl.) Evidence held to sustain
finding as to adequacy of consideration.-Da-
vis v. Littlefield, 830.

defendant bank under supervision of bank com-
missioner insufficient.-Id.

District court has no jurisdiction in action
against insolvent bank under supervision of
bank commissioner.-Id.

84 (Ariz.) Statutory phrase "who receives
and deposits" held to mean "receives and de-
posits."-Brown v. State, 225.

Statute prohibiting receiving by insolvent
bank of deposits means deposit of money or
evidences of money; "deposit."-Id.

Insolvent bank entitled to collect debts with-
out violating statute.-Id.

Receiving deposit by an insolvent bank and
applying same on debt not violation of statute.
-Id.

Agent of insolvent bank could waive right to
apply deposit to debt due bank.-Id.

85(2) (Ariz.) Exclusion of testimony in
prosecution for receiving deposit while bank
was insolvent held proper.-Brown v. State,
225.

III. FUNCTIONS AND DEALINGS.
(C) Deposits.

119 (Ariz.) Relation between bank and de-
positor stated.-Brown v. State, 225.

134(1) (Wash.) In view of its agreement,
bank held money deposited by representative
of creditors without right of set-right against
prior debt of debtor.-May v. Puyallup State
Bank, 762.

134(2) (Okl.) "Insolvency" defined.-Park-
er v. First Nat. Bank, 39.

Bank has right of offset against insolvent's
deposit.-Id.

134(6) (Colo.) Appropriation by bank of
deposit to debt owing by depositor, knowing
latter deposited money for others, held illegal.
-Drovers' Nat. Bank v. Denver Live Stock
Exchange, 402.

(D) Collections.

166(1) (Mont.) Collection of draft and re-
tention of proceeds created trust.-Hawaiian
Pineapple Co. v. Browne, 1114.

Where bank mingles trust funds with its own.
preference of beneficiary not extended beyond
lowest balance between receipt of fund and
bank's closing.-Id.

166(3) (Mont.) Drawer had preferential
right to proceeds of draft constituting trust
fund in hands of receiver of collecting bank.-
Hawaiian Pineapple Co. v. Browne, 1114.

BENEFICIAL ASSOCIATIONS.

See Insurance, 755-826.

BILL OF EXCEPTIONS.

See Exceptions, Bill of.

BILLS AND NOTES.

I. REQUISITES AND VALIDITY.
(B) Form and Contents of Promissory
Notes and Duebills.

36 (Colo.) Indefinite time of payment held
not to affect enforceability between parties.-
Simpson v. Baber, 235.

(C) Execution and Delivery.

1128

IV. NEGOTIABILITY AND TRANSFER.
(A) Instruments Negotiable.
the bearer" not one to "bearer."-American
147 (Or.) Note payable "to the order of
Nat. Bank v. Kerley, 116.

Note payable "to the order of bearer" one to
"order."-Id.

157 (Wash.) Instrument promising to pay
dollars," the amount being stated in
margin, held "negotiable, complete, and regu-
lar."-Citizens' Bank of Georgetown v. Jones,
787.

V. RIGHTS AND LIABILITIES ON INDORSE-
MENT OK TRANSFER.

(C) Assignment or Sale.
315 (Kan.) One to whom assigned by sepa-
rate paper takes subject to equities.-Stevens
v. Keegan, 1050.

(D) Bona Fide Purchasers.

330 (Kan.) Guarantee indorsement held to
constitute purchaser "holder in due course."-
-Rawlins County State Bank v. Rummel, 255.

334 (Or.) Payee informed before accept-
ance of delivery of signing on unperformed con-
Nat. Bank v. Kerley, 116.
dition not "holder in due course."-American

notice of infirmities after accepting note to be
Payee not holder in due course where it had
applied on a payment of others, but before
giving credit.—Îd.

Statute as to notice to transferee before full

payment inapplicable to note received as col-
lateral.-Id.

liability if holders had actual knowledge note
335 (Wash.) Makers of note relieved from
was fraudulently procured.-First Nat. Bank v.
Gunning, 793.

338 (Or.) Payee may be a holder in due
course; "negotiated."-American Nat. Bank
v. Kerley, 116.

346 (Wash.) Makers of note relieved from
liability if holders had constructive knowledge
note was fraudulently procured.-First Nat.
Bank v. Gunning, 793.

356 (Kan.) Bank held holder in due course
though it placed proceeds to credit of officer of
payee.-Rawlins County State Bank v. Rum-
mel, 255.

358 (Or.) Pre-existing debt consideration
to holder in due course of note taken as col-
lateral.-American Nat. Bank v. Kerley, 116.
Pre-existing debt, though not of full value,
valuable consideration for note taken as col-
lateral. Id.

359 (Or.) Pre-existing debt consideration
relative to holder in due course of note taken
in payment.-American Nat. Bank v. Kerley,
116.

362 (Kan.) Assignee of innocent holder
takes free from infirmities in spite of knowl-
edge thereof.-First Nat. Bank v. Greathouse,
1053.

VIII. ACTIONS.

443 (3) (Kan.) One possessing note which
has passed through innocent holder may sue
though he holds for collection.-First Nat.
Bank v. Greathouse, 1053.

452 (3) (Kan.) Maker of note executed with
contract not precluded from special defenses
because of bond given by payee to secure per-
formance. Stavens v. Keegan, 1050.

474 (Okl.) Answer held general denial.-
Rapp v. Hicks, 465.

58 (Or.) Principal maker of note who de-489(1) (Okl.) Answer held to raise issue
livered it not agent of payee so as to charge
it with notice of infirmity against accommoda-
tion signers.-American Nat. Bank v. Kerley,

116.

III. MODIFICATION, RENEWAL, AND

RESCISSION.

as to execution of note.-Rapp v. Hicks, 465.
as to new matter.-Hall v. Farmers' Bank of
491 (Colo.) Defendant has burden of proof
Severance, 237.

491 (Okl.) Burden on defendant admitting
notes to establish affirmative defenses.-Ren-
nie v. J. I. Case Threshing Mach. Co., 626.
140 (Okl.) Giving renewal note with knowl-492 (Okl.) Plaintiff had burden of proving
edge of fraud a waiver thereof.-Posey v. Citi- execution of notes denied by defendants.-Rapp
zens' State Bank, 628.

v. Hicks, 465.

1129

INDEX-DIGEST

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

must

prove fraud.-nance and control of bridge in city limits as
part of public highway held sufficient basis for
plaintiff of prov- liability for injury resulting from its collapse.
to note-Barr v. Cowlitz County, 6.

494 (Colo.) Maker
Blaine v. Morgan, 497.
497 (4) (Kan.) Burden on
ing title as holder in due course
claimed to be in violation of Blue Sky Law.-
Weisendanger v. Lind, 263.

BRIEFS.

497(5) (Colo.) Maker must prove fraud. See Appeal and Error, ~759–773.
and transferee then required to show he is
holder in due course, without notice.-Blaine v.
Morgan, 497.

held to satisfy See Factors.
497(5) (Kan.) Evidence
burden on holder of showing absence of notice
of fraud.-Rawlins County State Bank v. Rum-
mei, 255.

BROKERS.

III. DUTIES AND LIABILITIES TO
PRINCIPAL.

497(5) (Or.) On evidence of note originat-19 (Okl.) Broker must be loyal to interest
ing in fraud, plaintiff must show it was a of employer.-Clark v. Pratt, 903.
holder in due course.-American Nat. Bank v.
Kerley, 116.

Under pleadings, on evidence of note origi-
nating in fraud, plaintiff held required to show
both absence of knowledge and taking in good
faith.-Id.

516 (Colo.) Evidence held to sustain find-
ing that note and separate writing were sep-
arate contracts.-Simpson v. Baber, 235.

518(1) (Utah) Evidence supported finding
of valid consideration for note.-Nelson v.
Massey, 387.

525 (Kan.) Finding that holder of note,
given for securities sold in violation of Blue
Sky Law, assisted in sale as a matter of busi-
ness sustained.-Weisendanger v. Lind, 263.

537 (2) (Okl.) Evidence held to raise is
sue as to execution of note.-Rapp v. Hicks,
465.

537 (6) (Wash.) Evidence held insufficient
to raise jury question whether bank purchasing
notes knew of fraud in procurement.-First
Nat. Bank v. Gunning, 793.

538 (5) (Colo.) Instruction on conditional
delivery held sufficient.-Hall v. Farmers' Bank
of Severance, 237.

31 (Ŏkl.) Broker may not take advantage
of position to profit beyond agreed compensa-
tion.-Clark v. Pratt, 903.

Oil and gas lease executed by agent to him-
self in violation of fiduciary relationship to
principal canceled.-Id.

IV. COMPENSATION AND LIEN.
54 (Okl.) When entitled to commission,
stated.-McKinney v. Biggs, 459.

55(1) (Okl.) One inducing execution of
sale contract held entitled to commission.--Mc-
Kinney v. Biggs, 459.

V. ACTIONS FOR COMPENSATION.
88(3) (Okl.) Submission of question of
broker's commission to jury where evidence
failed to show production of bona fide pur-
chaser error.-McKinney v. Biggs, 459.

BURGLARY.

1. OFFENSES AND RESPONSIBILITY
THEREFOR.

14 (Cal.App.) Instruction that return of
property was not defense held not error.-Peo-

538 (8) (Okl.) Evidence held to warrant in-ple v. Porter, 20.
struction as to fraud, though no issue raised
in answer.-Rapp v. Hicks, 465.

II. PROSECUTION AND

PUNISHMENT.

539 (Kan.) Special findings held to conflict 41 (I) (Cal.App.) Evidence held sufficient
with general verdict.-Rawlins County State to justify conviction.-People v. Porter, 20.
41(1) (Kan.) Evidence held to sustain con-
Bank v. Rummel, 255.

539 (Kan.) Findings of jury as to indorse-viction.-State v. Brundige, 1039.
ment before maturity held not conflicting.-46(7) (Kan.) Instruction as to possession
of recently stolen property held not erroneous.
Weisendanger v. Lind, 263.
-State v. Brundige, 1039.

BREACH OF THE PEACE.

20 (Utah) Element of fear not required
by statute to be stated in complaint.-Areson v.
Pincock, 503.

Proof of threatened offense and belief of
complainant not as matter of law insufficient
to authorize warrant.-Id.

Judgment in present tense instead of as of
time complaint filed held sufficient.-Id.

10(1) (Kan.) County bound to bear ex-
penses of building bridge on hard-surfaced road
alongside limits of city.-Board of County
Com'rs of Mitchell County v. City of Beloit,
1020.

CANCELLATION OF INSTRUMENTS.
I. RIGHT OF ACTION AND DEFENSES.
27 (Okl.) Grantee held guilty of fraud pre-
venting cancellation of earlier deed to another.
-Armstrong v. Wasson, 643.

Owner dedicating property as common
rier system subject to regulation by state.-Id.
Owner dedicating property as common car-
rier system may withdraw from public service
on order of court.-Id.

10(1) (Wash.) Acquisition by county with
city, of bridge within city limits, was not il-
legal, in so far as county's contribution of
funds toward purchase price was concerned.-10 (Okl.) Commission considering threat-
Barr v. Cowlitz County, 6.

II. REGULATION AND USE FOR TRAVEL.
29 (Wash.) Statute authorizes cities and
counties jointly to acquire, maintain, and con-
trol bridges, as well as jointly to contribute
toward purchase.-Barr v. Cowlitz County, 6.

ened disposition of property not concerned
with motive inducing owner to apply to public
use as carrier.-Western Union Telegraph Co.
v. Carter, 635.

10 (Or.) Licensed carrier entitled to re-
ceive and discharge passengers on the streets.
-Parker v. City of Silverton, 139.

37 (Wash.) Liability of county or munici-16 (Utah) Company may give preference
pality for injuries resulting from negligent as to parking space for vehicles on its grounds.
maintenance of bridge not affected by irregular--Kenyon Hotel Co. v. Oregon Short Line R.
ity in acquiring it.-Barr v. Cowlitz County, 6. Co., 382.

39(1) (Wash.) County's physical mainte-

Railroad company must make reasonable

rules for safety and convenience of public | 138(1) (Okl.) Procedure where conflict in
passing to and from trains.-Id.

(B) Bills

II. CARRIAGE OF GOODS.

of Lading, Shipping Receipts,
and Special Contracts.

interest between lien claimant and mortgagee
stated.-Anderson v. Marietta Nat, Bank, 883.

138(1) (Wash.) Mortgagee claiming prop-
erty by right of foreclosure sale, and not as re-
ceiver's representative, not entitled to assert
55 (Colo.) Nonnegotiable provision void title of receiver as against conditional vendor.
unless shipper agrees thereto in writing upon its-J. Bornstein & Sons v. Allen, 801.
face.-Davis v. Fruita Mercantile Co., 983.
Conditional sale not prior to chattel mort-

56 (Colo.) If delivery of order bill gives gage.-Id.
transferee right to compel indorsement, trans-150(1) (Kan.) Chattel mortgage on build-
fer must be for value with intent to transfer ing held superior to subsequent mortgage on
title.-Davis v. Fruita Mercantile Co., 983.
land.-Gafford Lumber & Grain Co. v. Eaves,
512.

58 (Okl.) Forwarding bank held liable to
one paying draft accompanied by forged bill of
lading.-Ft. Worth Elevator Co. v. State Guar-
anty Bank of Blackwell, 340.

(D) Transportation and Delivery by

Carrier.

Materialman failing to perfect lien, but tak-
ing subsequent mortgage on land, held charged
with notice of chattel mortgage.-Id.

IV. RIGHTS AND LIABILITIES OF
PARTIES.

82 (Colo.) Request for change in destina-161 (Mont.) Mortgagee taking possession
tion held not to include change of consignee.— under insecurity clause must exercise his right
Davis v. Fruita Mercantile Co., 983.
in good faith and upon reasonable ground for
probable cause. James v. Speer, 535.

83 (Colo.) Carrier acts at its peril in deliv-
ering shipment without production of bill of 172(1) (Mont.) Mortgagor may sue for
lading.-Davis v. Fruita Mercantile Co., 983. recovery of chattels when mortgagee takes
Carrier not justified in delivering if order bill possession before entitled to do so.-James v.
is not properly indorsed.-Id.
Speer, 535.

sue for

Rule justifying delivery by carrier to possess-176(1) (Mont.) Mortgagor may
or of order bill applies only when bill is proper- value of chattels when mortgagee takes pos-
ly indorsed.-Id.
session before entitled to do so.-James v.
Speer, 535.

Carrier waiving production of order bill makes
delivery at its risk.-Id.

Carrier may require production of order bill,
though knowing of attempted change of con-
signee.-Id.

93 (Colo.) Change of order bill to straight
bill on shipper's request for diversion held
wrongful.-Davis v. Fruita Mercantile Co., 983.
Carrier held informed that proposed buyer
was not entitled to possession until payment of
draft.-Id.

94 (3) (Colo.) Carrier making irregular de-
livery has burden of showing right of recipient
to possession.-Davis v. Fruita Mercantile Co.,

983.

Evidence held to show shipper did not trans-
fer order bill to prospective buyer of shipment.
-Id.

Evidence held not to show transfer of title to
order bill by shipper to prospective buyer.—Id.
Burden on carrier to show shipper holding
order bill transferred title to buyer.-Id.

IV. CARRIAGE OF PASSENGERS.
(D) Personal Injuries.

176(5) (Mont.) Mortgagor suing mortga-
gee in conversion entitled to recover only value
of his interest.-James v. Speer, 535.

Verdict held excessive and influenced by pas-
sion and prejudice.-Id.

176(6) (Mont.) Whether mortgagee's tak-
ing of mortgaged chattels was justifiable held
for jury.-James v. Speer, 535.

Instruction improperly refused.-Id.

V. RIGHTS AND REMEDIES OF CRED-
ITORS.

198 (Okl.) Mortgage void as against cred-
itors good as between parties.-Snow v. Cody,
578.

VII. REMOVAL OR TRANSFER OF PROP-

ERTY BY MORTGAGOR.

(A) Rights and Liabilities of Parties.
229(1) (Okl.) Whether mortgagor was
mere cropper held for jury.-Crowell Bros. v.
Johnson, 328.

229(3) (Okl.) Evidence held to sustain
verdict for plaintiff mortgagee against purchas-
er of crop in action on chattel mortgage of in-
terest in crop.-Crowell Bros. v. Johnson, 328.
(B) Criminal Responsibility.

280 (1) (Utah) Liable for high degree of
care, though not insurers of passenger's safety.
Taylor v. Bamberger Electric R. Co., 695.
288 (Utah) Carrier liable for discomforts
from failure to provide adequate accommoda-233 (Kan.) Evidence held to sustain con-
tions.-Taylor v. Bamberger Electric R. Co., viction for fraudulent sale of mortgaged prop-
695.
erty. State v. Wilfong, 250.

Fraudulent intent to sell mortgaged property
may be shown by circumstantial evidence.-Id.
IX. FORECLOSURE.

331(5) (Utah) Passenger on electric train
held contributorily negligent in assuming posi-250 (Mont.) Foreclosure before note be-
tion on crowded side step.-Taylor v. Bam-
berger Electric R. Co., 695.

See Equity.

CHANCERY.

CHATTEL MORTGAGES.

III. CONSTRUCTION AND OPERATION.
(C) Property Mortgaged, and Estates and
Interests of Parties Therein,

came due held a nullity.-James v. Speer, 535.

267 (Mont.) If mortgagee's original taking
before note became due was justifiable, he could
retain possession until maturity and then fore-
close, notwithstanding void foreclosure.-James
v. Speer, 535.

CHILDREN.

See Infants; Parent and Child.

CHURCHES.

120 (Okl.) Mortgage on stock of goods See Religious Societies.
covers only goods on hand.-Snow v. Cody, 578.

(D) Lien and Priority.

CITIES.

138(1) (Okl.) Chattel mortgage lien held See Municipal Corporations.
prior to lien for material furnished or labor
performed subsequent to filing.-Greer v. Bird,
579.

CLASS LEGISLATION.

See Constitutional Law, -230-255.