City Bank of Dowagiac v. Dill-Continued.

note was due, the payee gave the bank his note, bear-
ing ten per cent. interest, for the amount of the loan,
and the bank continued to hold the first note as collat-
eral to the payee's note, but without the consent of the
maker, which latter holding is held to be subject to any
defenses which the maker could urge as against the
payee-Deposition-Not suppressed for commissioner's
failure to annex it to the interrogatories and stipulation
under which it was taken, and which provided for such
annexation, all of the papers being forwarded in a
sealed envelope.

CITY OF GRAND RAPIDS, Baisch v..

CITY OF GRAND RAPIDS, ELY V.....

CITY OF GRAND RAPIDS, SLIGH V.

CITY OF SAGINAW, CARLISLE V.............

CITY SAVINGS BANK OF DETROIT V. HUEBNER....

Statutes construed-Act No. 393, Local Acts of 1879,
authorizing the treasurer and auditors of Wayne county
to designate a depository of the public funds, construed
-Treasurer and board have an equal voice-Designation
is good until expiration of treasurer's term of office, and
until a new one is made by his successor and the board-
Until then it is the duty of such successor to recognize
the existing depository.

COLE, KENT V..

PAGE

666

336

497

134

391

579

COMMISSIONERS OF PARKS AND BOULEVARDS OF DETROIT,
HESTER V...............

450

COMMISSIONERS OF PARKS AND BOULEVARDS OF DETROIT v.
RUSH....

154

Bonds-Issued by common council of Detroit to raise
money to pay for lands purchased or condemned by the
commissioners of parks and boulevards of Detroit-Issu-
ance of need not be approved by city board of esti-

mates.

COMMON COUNCIL OF GRAND RAPIDS, ELECTRIC RAILWAY CO.
OF GRAND RAPIDS V..

COOK V. STANDARD LIFE & ACCIDENT INSURANCE COMPANY...

Life insurance-Acceptance of policy which expressly

257

12

Cook v. Standard Life & Accident Ins. Co.-Continued.

negatives the agent's right to waive or alter any of its
conditions estops the assured from setting up action of
agent in opposition to such prohibition-Proofs of death
-Question for the court whether they comply with
requirements of policy-If this issue is tendered by the
defendant, the proofs furnished may be put in evidence
and read to the court-If not they cannot be read to
the jury, including an affidavit of an eye-witness of the
accident causing death, the physician's statement, and
the certificate of the coroner-Evidence-A witness may
state whether or not a person had the appearance of
being intoxicated.

CORBETT V. LITTLEFIELD..

Chattel mortgage-Given by and to a resident of another
state, where it is filed, and property left in mortgagor's
possession-If he brings it to Michigan, where it is
attached by his creditors, the attachment lien will pre-
vail over that of the mortgage.

COUNTY TREASURER OF WAYNE, CITY SAVINGS BANK V........
COWAN V. MUSKEGON RAILWAY COMPANY..

Negligence-Street railway company not guilty of in exca-
vating and throwing up earth in the street while
engaged in repairing and laying its track-Declaration
in suit for injuries to carriage by reason of being driven
onto such obstruction, which fails to aver that it was
allowed to remain in the street for an unreasonable
time, or in the night-time without lights or barriers as
warnings, and the exercise of due care by the driver,
fails to set forth a cause of action.

PAGE

30

391

583

D.

DAVIDSON V. BENNETT..

Costs-Will not be awarded to an appellant where the record is printed solid, and in such small type as to render its reading exceedingly difficult-Fraud-Question of should be submitted to the jury.

DAVIS V. DAVIS....

Damages-Evidence held to furnish no sufficient data on

614

324

Davis v. Davis-Continued.

which to base an estimate of defendants' loss of profits
by reason of plaintiff's failure to protect them in the
exclusive use of a certain patent milk can within desig-
nated territory.

DELEMOS, BUEHLER V.....

PAGE

554

DETROIT, LANSING & NORTHERN RAILROAD COMPANY, ROBIN-
SON V......

658

ELECTRIC RAILWAY CO. OF GRAND RAPIDS V. COMMON COUN-
CIL OF GRAND RAPIDS....

Street railway companies-Action of respondent in requiring relator to furnish free transfers to passengers, as a condition to its use of wooden poles outside of the fire limits on adopting electricity as a motive power, is held void as in conflict with section 14, chap. 95, How. Stat. ELY V. CITY OF GRAND RAPIDS.............

Municipal corporations-Provision of defendant's charter
that the plans and specifications of the work, for the
payment of which an assessment is ordered to be made,
may be changed, and the work added to or deminished,
at any time before the completion of the assessment
roll, does not refer to the contract for the work, which,
under the charter, must be awarded to the lowest
bidder-The changes, if any are authorized in the con-
tract, are limited to the work therein provided for.

257

336

F.

FARRAND V. PETIT...

Will-Certain clauses held void as attempting to suspend
power of alienation, etc.

671

FISHER, AUDITOR GENERAL v.

FISHER V. HOLDEN...

Tender-A mortgagee, after accepting a tender of the
amount due on the mortgage, with the accrued costs of
a pending statutory foreclosure, cannot treat it as a
partial payment, and complete the foreclosure; and a
subsequent sale under such foreclosure will be void-
Where, after the commencement of a suit by the mort-
gagor for an accounting, he makes such tender, he must
show such fact by a supplemental bill.

FOLKERTS, KINNEY V.....

Fox V. PENINSULAR WHITE LEAD & COLOR WORKS...

Evidence-Jury are to determine which theory of expert

witnesses is the true one-Proof of notice to other

employés, not in plaintiff's presence, of the dangerous

character of the common employment, is inadmissible to

rebut his testimony that he was not so informed-

Plaintiff cannot show that after he was injured all

employés were required to and did sign a contract

waiving all claim for damages on account of injuries

received from the same source, and that danger signals

were put up in the shop where they were employed-

Contents of medical books not competent evidence-
Master and servant-Master performs his duty by noti-
fying servant of the poisonous character of the ingredi-
ents used in the manufacture of Paris green, and of the
precautions he should use- -Jury-Error for circuit judge
to enter jury-room, and give instructions in absence of
counsel and court stenographer-Such facts are properly
brought up by certiorari in aid of writ of error.

G.

GEORGE T. SMITH MIDDLINGS PURIFIER CO., PRESTON NATIONAL

BANK V...

GLASSMIRE V. MANISTEE CIRCUIT JUDGE.

Criminal law-How. Stat. § 9315, punishing libel and

slander, only applies to the cases therein enumerated-

Prior to its passage libel and slander were only punish-

able as misdemeanors at the common law.

84 MICH.-B.

PAGE

128

494

616

676

364

447

ཝཙ

161

49

GRISTOCK V. ROYAL INSURANCE COMPANY'.......

Fire insurance-Waiver of formal proofs of loss-Notice to
agent of incumbrances-Authority of adjuster-Evi-
dence.

GUTTA PERCHA & RUBRER MANUFACTURING COMPANY V.
WOOD

Sale-Warranty of quality-If goods are so situated as to
prevent a determination of the truth of the warranty by
inspection before trial, vendee who purchased the goods
for sale in his business may recover back. the purchase
money paid before he ascertained that the goods were
worthless-Burden of proof is on vendee to show breach
of warranty, and that goods were absolutely worthless
for any purpose, if not returned or tendered to the
vendor.

452

H.

HAMILTON V. INGHAM CIRCUIT JUDGE..........

Bill of particulars-Specification of item as two-thirds of whatever sum remained in defendant's hands of a stated amount, received by him for certain bonds and stock of a specified railroad company, after paying certain notes, describing them, but not giving their amount, is too uncertain and indefinite in the amount claimedOrder requiring plaintiff to show how and by what right and when he or his assignors became entitled to each item of his claim as stated in original bill, and 'Rehearing granted at April term, 1891.

393