section 49 of Chancery act does not prohibit assignment of
trust fund created by third party......
in absence of restriction in will creating a trust fund the
cestui que trust may assign the income, or part of it, to se-
cure a debt owing by him..............
ASSUMED RISKS.-See MASTER AND SERVANT.
effect of failure of writ to state ground of attachment.... 246
BANKRUPTCY.
unpaid alimony is not such a debt as may be discharged by
an order in bankruptcy proceedings..
banker loaning money as agent for customer must use or-
dinary care common to bankers to guard against loaning
to insolvent persons...
BARGAIN AND SALE.-See SALES.
BASTARDS.-See ILLEGITIMATES.
beneficiary has ordinarily no vested right to the mortuary
fund, arising from the certificate......
when member's power of appointment by will is a vested
right, which cannot be taken away
it is only when a member expressly agrees to obey future
amendments and by-laws that he is bound by such changes
as impair the obligations of his contract.....
what does not amount to an agreement by a member to be
bound by future changes in laws.....
admissibility of declarations by insured on question of mis-
take in making out benefit certificate......
competency of insured's declarations on question of mis-
take in benefit certificate does not depend upon whether
beneficiary named was present when they were made... 478
right of interested parties to have a benefit certificate re-
formed by the court....
when alteration of note amounts to a forgery..... ...... 136
subsequent alteration of complete note discharges maker
from liability......
note for "....hundred dollars" is not necessarily a note for
one hundred dollars, but is incomplete.......
BILLS AND NOTES.-Continued.
when maker is liable upon raised note...
mere negligence on the part of purchaser of a note does
not deprive him of the character of a bona fide holder........ 136
effect of alteration of marginal figures of note.....
if note is not preserved for inspection, Supreme Court can
not say whether trial court erred in admitting it, with-
out explanatory proof of alleged apparent alterations.. 133
seller of orders issued to him for services does not impli-
edly warrant that they are issued by authority of law,
nor that they are worth what they represent....
a bill of discovery in aid of suit at law need not aver that
the evidence is known only to the defendant .... ...... 566
a bill of discovery calling upon the defendant to convict
himself by giving information to be used against him in
a qui tam action cannot be maintained....
section 137 of Criminal Code, concerning bills of discovery,
construed......
board of equalization acts as an original assessor of the
capital stock and franchises of corporations..
duty of assessing capital stock and franchises of corpora-
tions is mandatory, and its performance may be enforced
by mandamus when omitted or evaded.............
when fraud by board of equalization in assessing capital
stock and franchises of corporations is established...... 528
rule for valuing capital stock and franchises.......
board of equalization has power to assess omitted property,
when acting as an original assessor, notwithstanding the
modification of section 276 of Revenue act by act of 1898.. 528
adjournment of board of equalization pending application
for mandamus does not deprive court of power to com-
mand it to re-convene and assess omitted property...... 529
BOARD OF HEALTH.-See MEDICINE AND SURGERY.
BONDS.
executor's bondsmen are not liable for his defaults in his
capacity as trustee or individually................
a mere charge by an executor against himself, as such, does
not create a liability against his bondsmen...
to authorize termination for default, the default need not
be such as would defeat the whole purpose of contract.. 319
when real estate broker is entitled to commission.......
in an action on life policy the defendant has the burden of
proving the falsity of statements of the insured which it
is claimed vitiate the policy.......
conveyance from husband to wife is presumed to be an ad-
vancement, and the burden is upon the grantor to prove
the contrary..
one attached for contempt in failing to pay alimony has
the burden of proving that, acting in good faith, he has
been unable to comply with the decree ....
the burden of proving insanity or undue influence upon the
mind of a grantor, for the purpose of having his deed set
aside, is upon the party making the allegations.......
in quo warranto the burden is upon the respondents to prove
the legality of the acts complained of..........
the State is an interested party in suits relating to the Illi-
nois and Michigan canal ...........
the contract of December 21, 1899, between the canal com-
missioners and the sanitary district, is not capable of
being specifically enforced..
railroad company operating its own line is liable to ship-
pers for its own or its servants' negligence....
when contract between carriers as allied lines of transpor-
tation does not create the relation of agency.....
carrier receiving freight to be carried beyond its own line
is the agent of the owner to make delivery to the con-
necting carrier......
carrier acting as an agent for another carrier in handling
shipments is liable to third persons for acts of misfeas-
ance on the part of its own employees.
when mistake in billing freight is an act of misfeasance.. 58
CASES CONTROLLED BY OTHERS.-See FORMER CASES.
Morse v.
Pacific Railway Co (ante, p. 356,) controls the case
of Morse v. Pacific Railway Co....
CITIES.-See MUNICIPAL CORPORATIONS.
administrator's appointment cannot be questioned in a col-
the act creating Branch Appellate Courts is constitutional. 272
of the Medicine and Surgery act of 1899, as being the only
one on the subject at present in force....
of the Medicine and Surgery act of 1899, as not empower-
ing the board of health to revoke certificates to practice
medicine issued prior to July 1, 1899.......
intention of testatrix must be gathered from the language
used, in the light of attending circumstances, and not
from the testimony of a subscribing witness........
construction which would render will inoperative should be
avoided, if possible.......
of clause of will devising property to husband of testatrix,
"to have and to hold unto 'my' or our son's, his heirs and
assigns forever”..
of instruction, as not authorizing a recovery on dismissed
counts of the declaration .....
of word "claim," as used in a deed assigning claims and in
a bond, as to their value.......
of provision of a will, as creating a trust which is not de-
feated by the fact the trustee is one of the beneficiaries. 193
statute should be construed so as to give effect to the main
intent, even though some particular provisions are not
construed literally ......
in construing a statute the court will have regard to exist-
ing circumstances or contemporaneous conditions....... 257
of section 18 of Annexation act, preserving dram-shop or-
dinances of the annexed territory, as preserving in force
all ordinances entitled "Dram-shops"....
of language of will, as to when persons designated as "heirs-
at-law" do not take per stirpes.....
.... 296
section 88 of Practice act, giving right of appeal to the Su-
preme Court if State is interested, was not repealed by
section 8 of Appellate Court act as amended in 1887..... 326
of section 70 of Administration act, requiring claims to be
exhibited within two years, as being merely a limitation
upon right to participate in inventoried assets.......... 356
of act of June 14, 1887, allowing appeals from interlocutory
orders, as applying only to orders entered in term time.. 389
of act of 1899, imposing two per cent tax on "gross amount
of premiums received" by foreign insurance companies, as
not applying to premiums refunded on canceled policies. 410
of sections 2 and 3 of the Statute of Descent, as applying
to all illegitimate children.....
of section 2 of Riot act of 1887, as making county liable for
subsistence of deputies while on duty, whether they pro-
vide subsistence at their own homes or elsewhere....... 484
of section 276 of old Revenue law as modified by the Reve-
nue act of 1898, as not depriving State Board of Equali-
zation of power to assess omitted property when acting
as original assessor......
of section 137 of the Criminal Code, concerning bills of dis-
covery, as to its application
rule where will is susceptible of two constructions
when limitation over is void for remoteness.....
of devise, as passing a base or determinable fee..........
of section 49 of Chancery act, as not prohibiting assign-
ment of trust fund created by third party.....
whole will should be considered in determining the mean-
ing of words used in a particular clause.....
language of will construed.....
one attached for contempt in not paying alimony must
prove that, acting in good faith, he has been unable to
comply with the terms of the decree....
when a contract between carriers as allied lines of trans-
portation does not create the relation of agency........ 57
whether written contract creates relation of agency is a
question of law................
purchaser of mortgaged property is not personally liable
unless there is a contract, express or implied, to pay the
mortgage debt or some part thereof......
a promise to pay a mortgage debt is implied if amount of
encumbrance is included in the purchase price and the
purchaser retains that much of the purchase money.... 107
an implied promise to pay a mortgage debt cannot exist
where there is an express understanding to the contrary
and a distinct refusal by the purchaser to pay it........ 107
a verbal promise to pay an existing mortgage debt as part
of the consideration is valid, and may be enforced by the
grantor or the holder of the mortgage..
grantee who, as part of the consideration, has assumed the
mortgage debt, cannot dispute the consideration for the
mortgage.....
|