is no practical significance in the use of the word "remain" in this connection.

Accordingly, the law implies a power of sale as annexed to the estate for life in the real estate. That power was effectually exercised by the life tenant in her lifetime, and no estate in remainder in the real estate fell to the daughter at the death of the mother. The title to the demanded premises is in the defendant.

Judgment for the defendant.

The First Taker in a Will is presumed to be the favorite of the testator, and the tendency is to adopt such a construction as will give him an estate of inheritance: Platt v. Brannan, 34 Colo. 125, 114 Am. St. Rep. 147; Joplin Brewing Co. v. Payne, 197 Mo. 422, 114 Am. St. Rep. 770; Strawbridge v. Strawbridge, 220 Ill. 61, 110 Am. St. Rep. 226. Under a will by which a testator gives his property to his sister, and provides therein that if she should die without issue and leave any of the property, it shall go to another, the sister takes an absolute fee simple, with full power to sell and convey a perfect title: Galloway v. Durham, 118 Ky. 544, 111 Am. St. Rep. 300, and see cases cited in the cross-reference note thereto.

LANCASTER v. AMES.

[103 Me. 87, 68 Atl. 533.]

EVIDENCE-Typewritten Letters.-A reply letter received by due course of mail is admissible in evidence without specific proof of the genuineness of the signature attached thereto, although the whole body of the letter, including the name of the one purporting to be the writer, is typewritten. (p. 288.)

EVIDENCE-Typewritten Letters.-Presumption of Genuineness of a reply letter wholly typewritten, including the signature, received in due course of mail may be strengthened by the contents of the letter itself. (p. 289.)

GAMING.—Buying Stock on Margins is a gambling transaction, and void. (p. 289.)

GAMING-Buying Stock on Margins-Enforcement of Contract. If money is advanced to another for the express purpose of buying stock on margins, the promise of the person to whom it is advanced to repay it or be accountable for it, is void for want of consideration, and cannot be enforced. (pp. 289, 290.)

C. E. Sawyer, for the plaintiff.

Seiders, Marshall & Sturgis, for the defendant.

88 SAVAGE, J. The plaintiff in his declaration alleged, among other things, that he let the defendant have one hundred dollars to invest, and that the defendant promised to account for or return the same at the end of one year, if

so requested. Also, under the money counts in his writ, the plaintiff made the following specifications: "The plaintiff will prove the defendant accepted 100 on July 13th, 1903, for use of the plaintiff; and that he agreed to repay on (or) account for said sum at the end of one year, but has neglected so to do upon request, and that said money was accepted by the defendant to invest." We can discover no substantial difference between the special count and the specifieation under the money counts. Although other promises are set out in the special count, 89 the amount of the verdict for the plaintiff, considered in the light of the evidence, makes it certain that the jury based their verdict upon the allegations which we have already stated. The plaintiff's testimony, or at least some portions of it, tended to support these allegations.

The defendant, on the other hand, denied making the alleged promise, but claimed that the plaintiff let him have the money to be sent to a concern in Boston, known as the Financial Indicator Company, to be used by that company in buying on the plaintiff's account stock in the American Sugar Refining Company on margins. He also claimed that the sole responsibility assumed by him was the forwarding of the money to the Boston concern, and that he forwarded the money as agreed. Either one of the defendant's claims, if sustained by proof, would constitute a defense. The defendant, therefore, as a part of his defense, had a right to show that he forwarded the money to the Financial Indicator Company.

It seems to be undisputed that when the plaintiff paid his money to the defendant, the latter gave him a receipt of the following tenor:

"Portland, July 13, 1903.

"Received of Charles E. Lancaster one hundred dollars to be invested in the Financial Indicator Co., 31 State St., Boston, Mass. This receipt to be void when he receives receipt from said Co."

The defendant testified, without objection, that he sent a check for the money to the Financial Indicator Company by mail, the night of the 13th of July; that the check came back to him in the ordinary course of banking as paid, and bearing the indorsement of W. H. Gilman, the treasurer and manager of the Indicator Company; and that on the 15th of July he received the letter which he offered, as a reply to his remittance of the plaintiff's money. This letter bore date "Boston, July 14, 1903." Upon it was printed what ap

peared to be the letter-head of the Financial Indicator Company at 31 State St., Boston, together with the names of the president, and of W. H. Gilman as treasurer. The whole body of the letter, including the name of the one purporting to be the writer, was typewritten. There was no written signature.

90 The defendant further testified that he had before that time received letters from Gilman or the Indicator Company, having a letter-head like the one in question, that usually they had been signed on the typewriter only, that he had replied to Gilman, taking up matters presented in such letters, and had received replies back from him covering the same subjects.

The letter was addressed to the defendant, and omitting the letter-head and immaterial matters, was as follows:

"Dear Sir: Your letter of yesterday's date enclosing checks for $150. received, . . I have an appointment with some prominent parties at 3.30, and I trust you will excuse the delay about sending receipts until tomorrow.

"I shall send one direct to Dr. Charles E. Lancaster, Brunswick, Me. and the other directly to you for Elizabeth, W. VYours truly,

"W. H. GILMAN."

This letter when offered was excluded by the court, and exceptions were taken by the defendant, the verdict being against him. The correctness of this ruling we have now to consider.

The letter was excluded, not because a genuine acknowledgment of the defendant's remittance to Gilman or the Indicator Company would not have been admissible, as indeed it would be, but solely because, being wholly typewritten, it was not "authenticated in the usual way," and because "the letter itself, in the judgment of the court did not seem to possess sufficient internal evidence of its authenticity to allow it to go to the jury.".

It is true, as a general rule, that documentary evidence, to be admissible, must be authenticated, and in case of a letter this is ordinarily done by proof of the genuineness of the signature of the writer. When the signature is typewritten, this method of authentication may be difficult, if not impossible. At any rate, it was not tried in this case. But there is a relaxation of this rule in the case of what are called reply letters. The rule does not apply to a letter which is received by due course of mail, purporting to come in answer from the person to whom a prior letter has been duly ad

dressed 91 and mailed. Proof of these facts is sufficient evidence of the genuineness of the reply to go to the jury, without specific proof of the genuineness of the signature. The genuineness is assumed, at least, until the contrary is shown: Connecticut v. Bradish, 14 Mass. 296; 3 Wigmore on Evidence, sec. 2153. The rule is recognized in Abbott v. McAloon, 70 Me. 98. This is true when the signature is in the handwriting of some person. Logically, it must be equally true when the signature is typewritten.

We think the letter before us bears internal evidence of being an answer to a prior one written by the defendant to Gilman, the treasurer of the Indicator Company. The succession of dates, the reference to checks received and to receipts to be sent to the plaintiff and one other person, taken in connection with the testimony respecting the letter written by the defendant to the Indicator Company, leave no real doubt that the letter over the name Gilman was an answer to one written the day before by the defendant in which he says he inclosed the plaintiff's money. That is certainly the purport of it. Accordingly, we think that the letter should have been admitted. The defendant's exceptions must be sus

tained.

We think that the motion for a new trial should be sustained.

The plaintiff denies that he knew that the money was to be sent to the Boston concern for investment, or that he understood it was to be used for stock gambling either in Boston or by the defendant at Portland. The effect of the receipt taken by him and of some of his admissions render it extremely improbable that his present version relating to the defendant's position in the matter is the true one. But assuming that it was as he now claims, and that he thought he was dealing with the defendant alone as a principal, we think, after a careful consideration of all the evidence, that the plaintiff, notwithstanding his denials, intended that his money should be used in stock gambling. To say in the light of the evidence that he did not understand that the money was to be used in buying "sugar" stock on margins is not creditable to the intelligence of an educated professional man such as he is. We are convinced that he so understood, and that he intended the money to be so used. If so, the whole transaction was illegal: Rumsey v. 92 Berry, 65 Me. 570; O'Brien v. Luques, 81 Me. 46, 16 Atl. 304. The defendant's promise to repay or to be accountable for the money, if he made such a

Am. St. Rep., Vol. 125-19

promise, was a part of the illegal transaction, which the court will not enforce: Tyler v. Carlisle, 79 Me. 210, 1 Am. St. Rep. 301, 9 Atl. 356. We think the verdict was clearly wrong, and that it should be set aside.

Motion and exceptions sustained.

The Admissibility in Evidence of typewritten letters is discussed in State v. Freshwater, 30 Utah, 442, 116 Am. St. Rep. 853; and the admissibility of carbon or letter-press copies of instruments are discussed in International Harvester Co. of America v. Elfstrom, 101 Minn. 263, 118 Am. St. Rep. 626, and Goodrich v. Weston, 102 Mass. 362, 3 Am. Rep. 469. As to the effect of a printed or stenciled signature to an instrument, see Loughren v. Bonniwell, 125 Iowa, 518, 106 Am. St. Rep. 319; Herrick v. Morrill, 37 Minn. 250, 5 Am. St. Rep. 841; Hamilton v. State, 103 Ind. 96, 53 Am. Rep. 491.

CARL v. YOUNG.

[103 Me. 100, 68 Atl. 593.]

NEGLIGENCE-Injury by Article Falling from Building. The tenant of a building is not liable for injuries suffered by a passer-by from anything thrown from a window of the building, when neither the tenant nor any of his servants is in fault. (pp. 290, 291.)

The plaintiff, while rightfully passing along the street, in the rear of the store and place of business of the defendants, which they occupied as tenants, was struck by a spittoon filled with blazing benzine and other filth thrown from a window of such premises by some person unknown to plaintiff, causing him great fright and damage to his person and clothing. A general demurrer to the complaint was sustained and plaintiff excepted thereto.

G. C. Wing and G. C. Wing, Jr., for the plaintiff.

T. Atwood, for the defendant.

100 EMERY, C. J. It is evident that the declaration in this case can be sustained only upon the assumption that the tenant of a building 101 is liable for injuries suffered by a passer-by from anything thrown by any person from a window of the building, though neither such tenant nor any of his servants were in fault. There is no allegation in the declaration that the article inflicting the injury was thrown by either of the defendants or any of their servants, nor is it stated wherein they were in fault in not preventing the injury.