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to presume their existence, and the corporation is estopped to deny it. 3. That a bank can certify that a cheque is good, such certificate being equivalent to an acceptance. 4. That the cashier has authority to certify a cheque by virtue of his office. 5. That the question whether S. had authority to buy the gold was a question for the jury, on the evidence and principles above given. Clifford & Davis, JJ. dissenting. U. S. S. C. Rep. 10, Wallace, 604.
Luellen vs. Hare.—The defendants signed a blank form for a bill of exchange as drawers, and delivered it to W. for his accommodation. Without their knowledge, W. filled it up as a promissory note payable to the plaintiff's order, and gave it to him.
Held : That the alteration discharged the defendants from liability. 32 Ind. 211.
Kember vs. Southern Express Co.—The defendant, a common carrier, received from the plaintiff a package of gold, with full knowledge of its contents, and gave a receipt with the printed condition, "if the value of the property is not stated by the shipper at the time of shipment, and specified in the receipt, the holder thereof will not demand of the company a sum exceeding fifty dollars" for loss or damage. The charges were to be paid by the consignee. The property was lost, and the defendant claimed that it was not liable for more than fifty dollars, because the value was not specified in the receipt.
Held: That this was no defence. 22 La. Ann. 158.
Rainey vs. Lang.—A testator bequeathed a large amount of money to a religious corporation whose charter provided that it should not "take and hold" property yielding an annual income of more than $10,000. At the date of his death the annual income of the corporation far exceeded that amount. His heirs-at-law claimed that the bequest was void.
Held: That the corporation could take, and it was a question for the State whether it should be allowed to hold. 58 Barb. 453.
Terry vs. McNeil.—The report of prices-current, printed for public information in a newspaper is admissible in evidence to show the price of grain in the market at the date of publication. 58 Barb. 241.
Goodrich v. Weston.—A copy, sworn to be correctly made from a press copy, of a letter, is admissible as secondary evidence to prove its contents, without producing the press copy. 102 Mass. 362.
Rees vs. Jackson.—After fruitless search for an original telegram, the copy received by the person to whom it was sent is evidence with the record of the receipt of such a telegram at the office. 64 Pa. 486.
Spooner vs. Holmes.—Certain coupons of United States bonds were stolen from the plaintiff and delivered to the defendant by one who received them from the thief, and by him sold and turned into money, which he paid to the person of whom he received them. It appeared that the defendant acted only as this person's agent, without personally deriving any benefit from his acts; that he received the coupons without knowing, and without gross negligence in not knowing that they had been stolen; and that the plaintiff had never demanded them or their proceeds of him. Held: That he was not liable for their conversion. 102 Mass. 503.
French vs. Vining.—The defendant having a lot of hay on which he knew that white lead had been spilt, tried to separate the damaged hay from the rest, and thought that he had succeeded. From what was left he sold to the plaintiff a quantity, knowing that it was bought as food for a cow, which on eating it sickened and died, from the effects of lead that still remained on it.
Held: That the plaintiff could recover the value of the cow. 102 Mass. 132.
TABLE DES MATIERES.
Absence. V. Prescription.
Ab Intestacy. V. Gray.
Acte De L'amérique Britannique Du Xord, 1807. V. Droit Constitu-
Conclusion, 29-30.—Lettre de Mr. le professeur Lieber sur l'arbi-
Abitrage International.—Lettre de Mr. le professeur Lieber sur
Autorisation De La Femme. V. Procédure.
Avis D'action. V. Procédure.
Vol. I. Kk No. 4.
Banque. V. Corporation, Billet.
Billet Promissoibe.—Donné sous les menaces d'une poursuite crimi-
Bornage.—Clôture de ligne de trente ans sert de bornage, 121.
Cautionnement.—Opposition à l'exécution d'un cautionnement, recog-
par surprise dans le fonds social d'une compagnie, 121.—Donation