Rule that when terms of agreement have been intended in a different sense, that sense is to prevail, against either party, in which he had reason to suppose the other party understood it (Case Note) Agreement of vendee of real property to divide proceeds of resale with vendor, as affected by statute of frauds (Case Note) May statute of frauds relating to sales of real property be satisfied by a memorandum which discloses that one of the parties acted for an undis- closed principal (Case Note) Statute of limitations applicable to ac- tion to enforce an implied promise arising from acceptance of devise chargeable with payment of legacy (Case Note)
Effect of partial performance of con- tract to obviate lack of mutuality (Case Note) Responsibility of contractor, under con- tract for performance of entire work for gross sum, for defective condition of portion of completed work, due to interference or directions of other party (Case Note)
Validity of statute imposing special tax on transfer of corporate stock (Case Note)
Measure of damages for fraudulent rep- resentations in the sale or exchange of real estate (Case Note) Damages incident to attempt to reach destination by other means as an ele- ment of recovery for failure to stop train for intending passenger (Case Note) Recovery for loss of time, in action for personal injury, as affected by con- tingent character (Case Note)
Power of judiciary to fix rates to be charged by public-service corporations (Case Note)
Service of process upon foreign corpora-
tion not doing business within the state, as basis of a judgment in per- sonam (Case Note) Jurisdiction of equity over suits by a corporation or its representative to hold the directors or officers liable for losses of such corporation occasioned by their fraud, bad faith, or negli- gence (Case Note) Power to compel production of corpo- rate books to aid in assessing holder of stock or his estate (Case Note) Power of corporation to dedicate prop- erty for public use (Case Note)
Right of one cotenant who pays mort- gage to be subrogated to the rights of mortgagee as against other coten- ant or his privies (Case Note)
Validity of requirement by mutual bene- fit society that remedies within the
Power to compel the production of cor- porate books to aid in assessing hold- er of stock or his estate (Case Note)
By carrier, see CARRIERS. Unlawfulness of, see CONSTITUTIONAL LAW.
Documentary evidence. See EVIDENCE.
Right of widow to recover from estate the value of her dower interest in land conveyed by her husband during lifetime (Case Note)
Drunkenness.
Of passenger, see CARRIERS.
As to injunction, see INJUNCTION. Inherent power to devest estates of per- sons not in being (Subject Note) Equitable control of discretion vested in trustee (Case Note) Jurisdiction of equity over suits by a corporation or its representative to hold the directors or officers liable for the losses of such corporation occa- sioned by the fraud, bad faith, or neg- ligence of such officers (Case Note) Permitting chancery to set aside a ver- dict upon an issue directed by it to a law court, as an unconstitutional in- fringement upon the powers of the latter (Case Note)
The burden of showing that use upon which an easement by prescription is claimed was permissive, and not un- der claim of right (Case Note) Burden of proof as to payment of value by, or notice of fraud to, subvendee of chattels, when original seller seeks to rescind for fraud of first purchaser (Case Note)
b. Implication by necessity
license in suit to recover for services (Case Note)
3. Distinction between implied grants and implied reser-
Presumption of condonation of serv-
by appearances and implica- tion by necessity
Admissibility against defendant of docu- ments or articles taken from him (Case Note)
Evidence by phonograph (Case Note) Is a probability, without direct evi- dence, that a condition existed at the time of the fact in question, sufficient to sustain the admission of an experi- ment performed under such condition (Case Note)
Admissibility of, see EVIDENCE.
Delay in applying for Injunction against maintaining telegraph or telephone line in (Case Note) Right to mineral under the surface of street or highway the fee of which is vested in the public (Case Note) Liability of municipality for injury to person or property of one driving over defective highway, where at time of accident his horse is frightened without fault of either party (Case Note) Obstructions in highway, preventing ac- cess to property except by a circuit- ous route, as a special injury enti- tling owner to maintain action for damages, or to abate the nuisance (Case Note)
Effect of a wife's separate deed of homestead in connection with a con- veyance or encumbrance by husband, or her subsequent joinder therein (Case Note)
Conveyance of homestead by husband after abandonment by wife (Case Note)
Measure of damages for, see DAMAGES. Effect of, on insurance, see INSURANCE. trust in case Constructive of, see TRUSTS. Burden of proof as to payment of value by, or notice of fraud to, subvendee of chattels, when original seller seeks to rescind for fraud of first purchaser (Case Note) Waiver of fraud by completing execu- tory contract for sale of personal property after discovering the fraud (Case Note)
Action for price as bar to action for damages for (Case Note)
Negligence toward infant trespassers on railroad track, see RAILROADS. Effect upon title to property purchased by infant of his disaffirmance, after majority, of his executory contract to pay for the same (Case Note) Imputing another's negligence to (Sub- 664, 669 ject Note)
homestead entry, as within sole and unconditional ownership clause in in- surance policy (Case Note)
Duty to notify insurer of facts which develop after submission of applica- tion, but before delivery of policy or certificate (Case Note) Validity of requirement by mutual bene- fit society that remedies within the order must be exhausted before re- sort to the civil courts (Case Note) Reasonableness of new by-laws as im- plied condition of consent to change of by-laws (Case Note) Statute permitting change of benefi- ciary as affecting rights of beneficiary under policy previously issued (Case Note) Applicability of provisions in accident policy, exempting insurer or limiting its liability for disability arising from a specified condition, when such condi- tion is itself the result of an acci- dent occurring after the issuance of the policy (Case Note)
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