TELEGRAPH COMPANY-Conflict of Laws.-Where a tele-
gram is sent from a town in Indiana to a city in Kentucky, and in
course of the transmission in Indiana the name of the addressee is al-
tered so that the delivery of the message in Kentucky is delayed,
the breach of contract occurs in Kentucky, and the action by the
addressee for damages is governed by the law of that state. (Ky.)
Western Union Tel. Co. v. Lacer, 502.
3. TELEGRAPH COMPANY-Liability for Physical and Mental
Pain.—Where a telegraph company negligently delays the delivery of
a telegram calling a physician, it is not liable for the physical and
mental suffering of the sick person during the delay, for its negli
gence is not the proximate cause of the suffering. (Ga.) Seifert v.
Western Union Tel. Co., 210.
TENANTS IN COMMON.
See Ejectment.
1. THEATERS-Right to Regulate and License.-The state has a
right by statute to regulate a theater as a place of public amusement,
and may require a license fee for the privilege of conducting the
business. (Ill.) People v. Steele, 321.
2. THEATERS Right to License and Regulate. The legislature
has the same authority over the theater business as over any other
lawful private business, and no more. Besides the requirement of a
license, it may interfere with and regulate the business to the extent
that the public health, safety, morality, comfort and general welfare
require. (I.) People v. Steele, 321.
THEATERS-License Fee-Change in Character of Business.—
The requirement of a license fee for the privilege of conducting a
theater does not change the character of that business from a private
one to one impressed with a public interest. (Ill.) People v. Steele,
321.
4. CONSTITUTIONAL LAW-Scalping Theater Tickets.-A stat-
ute prohibiting the sale of a ticket by a manager of a theater with-
out the requirement on its face that it shall not be resold at an
advance, prohibiting the sale of a ticket at an advance, and pro-
hibiting the keeping of a place for such sale, is not a valid exercise
of the police power, and is unconstitutional and void as imposing
arbitrary and burdensome restrictions, not required by the public
welfare, upon the right of the theater manager as to the manner in
which he must conduct his business, and the contracts he shall make
in carrying it on, and as prohibiting a broker from selling at a profit
the tickets which it is his business to sell, and as depriving both of
their property and liberty without due process of law. (Ill.) People
v. Steele, 321.
TICKET SCALPING.
See Theaters, 4.'
TITLE OF STATUTE.
See Statutes, 2-11.
TORRENS LAND ACT.
See Constitutional Law, 15-20.
1. JOINT TORT-FEASORS-Several Verdict.-When two or more
persons are charged with a joint tort, and all are found guilty, the
jury cannot assess several damages. The damages must be assessed
jointly, against all jointly, although all may not be equally culpable.
(Tenn.) Nashville Ry. etc. Co. v. Trawick, 996.
2. JOINT TORT-FEASORS Several Verdict, How Corrected.-
When the jury returns a several instead of a joint verdict against
joint wrongdoers, the irregularity may be cured by the plaintiff taking
judgment against one of them in the amount awarded against him by
the jury, and entering a nolle prosequi as to the others. (Tenn.)
Nashville Ry. etc. Co. v. Trawick, 996.
3. JOINT TORT-FEASORS-Several Verdict, How Cured.-A sev-
eral verdict against two joint wrongdoers can be cured by the court,
on motion of the plaintiff, even after judgment is entered, dismissing
the case as to one defendant, after granting a new trial as to him,
and rendering judgment against the other alone for the amount of
the verdict awarded against him. (Tenn.) Nashville Ry. etc. Co.
v. Trawick, 996.
JOINT TORT-FEASORS Effect of Release of One.-When
some of the directors of a corporation have been guilty of mis-
feasance, the losses from which can be accurately ascertained, and
the receiver of the company executes a release under seal to some of
them, when the use of the seal is unauthorized by the court and the
intention is not to discharge the other directors, the latter are not
released from liability. (Md.) Murphy v. Penniman, 583.
1. JURY TRIAL-Omission to Instruct the Jury as to a Matter
of Common Knowledge.-The refusal of the court to instruct the jury
that the rate of interest by virtue of the statute is six per cent per
annum cannot be excused and a reversal avoided, on the ground that
such instruction was unnecessary, as it merely stated what is a matter
of common knowledge. (Kan.) New York Life Ins. Co. v. Martin-
dale, 362.
2. TRIAL-Instructions-Charge on Facts.-If a request to charge
the jury that if it finds that plaintiff was not authorized by defendant
to go to and put his hand near the machinery, he was a trespasser,
is modified by the court by adding that, "in this particular case
plaintiff was a person of tender years, " and submitting his capacity
to commit trespass to the jury, the whole charge is not upon the facts,
nor is the issue as to trespass taken from the jury. (S. C.) Tucker
v. Buffalo Cotton Mills, 957.
TRIAL-Instructions.-A request for a charge which intimates
to the jury the inference to be drawn from the facts therein stated
in detail is a charge on the facts and should not be given. (S. C.)
Weaver v. Southern Ry. Co., 934.
1. TRUSTS-Purchase of Lands.-A purchase of real estate
completed on the credit of two, and afterward paid for wholly by one
of them, does not, of itself, give rise to a resulting trust in favor of
the other. (Neb.) Norton v. Brink, 822.
2. TRUSTS-Establishment. The claim that title to land is held
in trust is one which must be made in a court of equity. (Mich.)
Sanborn v. Loud, 614.
3. TRUST-Legal Title, When Vests in the Beneficiary.-A con-
veyance to one person in trust for another vests the legal title in the
beneficiary under the code of Alabama. (Ala.) Hinton v. Farmer,
63.
4. TRUSTEE, Note Executed by, When Makes Him Personally
Liable. A note in the ordinary form containing a personal promise
to pay, and signed W. H. J., trustee, is his personal obligation, upon
which a judgment may be recovered against him. (Cal.) Hall v.
Jameson, 137.
5. TRUSTEE, When Personally Liable upon a Note and Mort-
gage. If a trustee executes a note which he subscribes as trustee
and a mortgage to secure its payment, he having no power to bind
anyone but himself by his promise for the payment of the money,
though he has power to mortgage the trust property, he is personally
liable on the note and the covenant for the payment of the money,
though the mortgage refers to the trust and shows the intent to
pledge trust property. (Cal.) Hall v. Jameson, 137.
6. THE POWER OF A TRUSTEE to Mortgage does not Include
the Power to Make a Personal Promise on behalf of the beneficiaries
of the trustor that they or either of them should pay the money.
(Cal.) Hall v. Jameson, 137.
7. TRUST DEEDS-Right of Trustees to Recover Rent.-If a trust
deed is made subject to a lease without any reservation of rent, but with
an express provision that the trustees shall collect the rent and apply it
to the trusts therein declared, they are entitled to recover the rent.
(Ill.) Reichert v. Missouri etc. Coal Co., 307.
8. TRUST DEEDS—Trustees as Joint Tenants.—Trustees are ex-
cepted from the provision of the statute requiring a declaration in
a conveyance that the estate is held in joint tenancy, and unless there
is a provision to the contrary in a trust deed, they hold as joint
tenants, and, upon the death of one, the administration of the trust
devolves upon the survivor, and nothing passes to the heir or per-
sonal representative of the deceased trustee. (Ill.) Reichert v. Mis-
souri etc. Coal Co., 307.
9. TRUSTS-Legal Estate Taken by Trustee. A trustee takes
precisely that quantum of the legal estate which is necessary to the
discharge of his declared powers and duties, regardless of technical
terms ordinarily required for the conveyance, and such estate will
inure to the trust until the active trusts are accomplished, when the
statute of uses will execute the use, and the entire title, both legal
and equitable, will be in the one beneficially interested. (Ill.) Reich-
ert v. Missouri etc. Coal Co., 307.
10. TRUSTS AND TRUSTEES--Filling
creates a trust has a right to provide a method for filling vacancies
and for the appointment of successors in trust. (Ill.) Reichert v.
Missouri etc. Coal Co., 307.
11. TRUSTS AND TRUSTEES Filling Vacancies Construction
of Trust Deed.-If a trust deed conveys an estate to trustees, "their
successors and assigns," and provides for the appointment of suc-
cessors in trust to whom the estate shall go, and that upon the ap-
pointment of a new trustee, the real estate shall "thereupon be con-
veyed, assigned and transferred in such manner as to legally and
effectually vest the same in the acting trustee,' such provision
simply means that upon the appointment of a new trustee the estate
shall thereupon be deemed to be conveyed and transferred to him,
without a conveyance being executed by anyone. (Ill.) Reichert v.
Missouri etc. Coal Co., 307.
12. TRUSTS-Bond for Beneficiaries-Collateral Inquiry.-In a
suit by trustees to recover rent from lessees of the trust estate, the
question whether the trustees have given the required bond to the
beneficiaries does not concern such lessees, and cannot be collaterally
inquired into. (Ill.) Reichert v. Missouri etc. Coal Co., 307.
13. TRUSTS-Parties-Death of Beneficiary. In an action by
trustees to recover rent from lessees of the trust estate, the death of a
beneficiary, who is not a party to the suit, does not affect the right
to prosecute the suit. (II.) Reichert v. Missouri etc. Coal Co., 307.
1. USURY-Defense Against.-Honest belief by the holder of
a note in his legal right to collect compound and usurious interest
under the terms of his note, is no defense to the penalty imposed
by law against usury. (S. C.) Plyler v. McGee, 950.
2. USURY-Recovery of Usurious Interest Paid.-If a note con-
taining usury has been assigned before maturity, to an innocent pur-
chaser, and the defense of usury thereby cut off, and compelling the
maker to pay the note to the assignee, the usurious interest paid may
be recovered of the assignor. (Ill.) Culver v. Osborne, 302.
3. USURY-Recovery of Usurious Interest.-If a note is given
upon usurious interest and passes into the hands of a bona fide pur-
chaser before maturity without notice of the usury, and is by him col-
lected, the payment by the maker to the assignee is regarded as com-
pulsory and not voluntary, and equity will require the original payee
to pay to the maker the usurious interest included in the note. (Ill.)
Culver v. Osborne, 302.
1. VENDOR AND PURCHASER-Constructive Notice.-A pur-
chaser is bound by constructive notice of all recorded instruments and
the recitals therein lying within his chain of title; but a deed or in-
strument lying outside his chain of title imports no notice to him.
(Mo.) Gross v. Watts, 662.
2. VENDOR AND PURCHASER-Actual Notice of Mortgage—
Evidence. If the purchaser has actual knowledge of the existence of
a mortgage on the premises before he purchases and pays for the land,
such mortgage is admissible in evidence in an action to foreclose it.
(Mo.) Gross v. Watts, 662.
VERDICT.-Affidavits of Jurors cannot be Received to im-
Richards v. Sanderson, 167.
peach their verdict. (Colo.)
Vessels, accident, inevitable, collision, when not deemed due to, 40.
accident, inevitable, defense of, when not sustainable, 40.
accidents must be avoided if possible, 40-42.
anchor, duty of vessels at, 51.
bridges, duties of when approaching, 52.
care to be exercised by persons navigating, 40.
care to be exercised by to avoid imperiling smaller vessels, 53-58.
care to be exercised by when entering the harbor, 51, 52.
care, want of by one party, does not entitle the other to injure
him, 41.
care when moving in a fog, 46, 47.
care with respect to lookouts, what exacted, 43-46.
collisions due to fault of both, 41.
collisions due to fault of both, apportionment of loss caused by,
collisions, means and care which must be used to avoid, 41.
duty of to exhibit lights, 50.
duty of to stop when they cannot be steered, 47.
duty of when approaching bridges, 52.
duty of when at anchor, 51.
duty of when entering the harbor, 51, 52.
duty of when leaving slip, 52.
duty of when passing through narrow channels, 52.
duties, reciprocal of vessel overtaking and vessel being over-
taken, 49, 50.
fault of one does not relieve the other from the exercise of due
care, 41.
ferry-boats, care to be exercised by, 52.
fog, duty of vessels moving in, 46, 47.
larger, duties of to avoid imperiling smaller, 53-58.
liability of owners of for not exercising vigilance, 40.
lights, duties of with respect to maintaining and exhibiting, 50.
lookout astern, whether must be kept, 46.
lookout, duty of to keep, 43-46.
lookout must be able to give undivided attention, 44.
lookout, sufficient, what is and what is not, 44-46.
lookout, where must be kept, 43, 44.
moving must avoid vessel at anchor, 50.
out of their proper place are not be run into, 41.
overtaking must be kept out of the way of those being overtaken,
48, 49.
rowboats, care which must exercise to avoid injury to and peril
to occupants, 58.
rowboats, duty of to keep out of the way of larger vessels, 58, 59.
sailing, duty of to keep their course, 48.
sailing, steam vessels must be kept out of the way of, 48, 49.
signals, duty of to answer, 52.
signals, fog, duty of vessels at anchor to give, 51.
speed, care to be exercised respecting the rate of, 42.
speed, lessening of, when becomes a duty, 42, 43.
speed of when moving in a fog, 46, 47.
steam, care required of as to speed, 42.
steamers must keep out of the way of sailing vessels, 48, 49.
stopping of to prevent accidents, duty of, 47, 48.
|