American Law Reports Annotated

courts, see COURTS.

Officers and agents.

Criminal liability for taking deposit when

insolvent, see post.

Presumption as to performance of duty
by cashier, see EVIDENCE.

Powers and duties of banks; ultra
vires.

General statement as to bank's powers.
51-296.

51-296.

Incidental powers.
Legislative provision of certain mode of
exercising express power as implied-
ly inhibiting exercise thereof in any
other way. 51-296.

—dealing with own stock.
Construction, application, and effect of

provision of Federal statute for-
bidding national banks to loan on
security of, or be purchaser or hold-
er, of its own shares. 51-346 (case
p. 336).

-pledge of assets.

County's deposit, pledge of assets to
secure. 51-296.

General depositors, power of bank to
pledge assets to secure. 51-313
case p. 296).

Priority of county on insolvency of bank
as affected by invalid pledge of as-
sets, see post.

Public money, power to pledge assets to
secure deposit of. 51-296.
Public policy as to. 51-296.

effect of ultra vires acts.
Loan on security of, or purchase or
holding of, its own shares by na-
tional bank, in violation of statute,
effect of. 51-346 (case p. 336).
National bank's right to assert invalidity
of loan on security of its own stock.
51-336.

Special deposits.

Bailment, receipt of bonds for safe-keep-
ing as constituting. 51-910.

Priority of special deposit on insolvency
of bank, see post.

Insolvency; rights and preferences of
creditors.

Certified check, right of drawer of, to
whom check had been returned by
payee after insolvency of bank and
who has paid it, to maintain action
against bank. 51-1030.

Guaranty fund, right to payment out of,
see ante.

Presumption that trust funds in posses-
sion of bank passed to its receiver, re-
buttal of, see EVIDENCE.

- priorities generally.

Administrator's right to preference be

cause of denial by bank of having
possession of funds of his decedent.
51-910.

Appointment of receiver as affecting re-

lation between bank and persons from
whom it borrowed bonds. 51-906.
Creditors of insolvent proceeds of whose
property had been deposited in bank
for distribution as without right to
preference. 51-910.

Liberty bonds loaned to bank to be used
as collateral, preference to claim for.
51-906.

-priority as to deposits taken after
insolvency.

Constitutionality of statute making fail
ure of bank prima facie evidence of
knowledge of insolvency at time of
51-1154.
receipt of deposits.
Criminal liability, see post.

ne indicates points with annotation; roman type points without.

BATHHOUSES AND BATHING RE-
SORTS.

Municipal liability in respect of, see Mu-
NICIPAL CORPORATIONS.

BAWDYHOUSE.

See DISORDERLY HOUSES.

BIGAMY.

Common-law marriage, second marriage
of party to, without obtaining di-
vorce, as bigamous. 51-321.
Divorced person's remarriage in the state
within prohibited period as bigamous.
51-321.

Divorced person's remarriage outside the
state within prohibited period; subse-
quent marriage of one of the parties
as bigamy. 51-321.

BILLS AND NOTES.

Alteration of, see ALTERATION OF INSTRU-

MENTS.

Collateral security for, see PLEDGE AND
COLLATERAL SECURITY.

Corporate officer's liability on negotiable
paper of corporation, see CORPORA-

TIONS.

Estoppel by negligence as to commercial
paper, see ESTOPPEL.

Forgery of, see FORGERY.

Parol evidence as to, see EVIDENCE.
Pledge of, see PLEDGE AND COLLATERAL
SECURITY.

Consideration.

Defense of lack or failure of considera-
tion, see post.

Negotiability - certainty as to amount.
Attorneys' fees, effect of invalidity of
provision for. 51-287.

Interest or discount, negotiability as af-
fected by provision in relation to.
51-294 (case p. 287).

Indorsement and transfer.
Parol evidence as to indorsements, see
EVIDENCE.

liability of indorser.

Parol evidence as to indorsements, see
EVIDENCE.

Pledge of note by unrestricted indorse-
ment, liability of pledgeor. 51-605.
Right of indorser to compel holder to sue
maker first. 51-605.

Presentment; demand; notice; protest.
Pledgee's liability for failure to make
demand and give notice of nonpay-
ment. 51-609.

The dash in each citation stands for A.L.R.

Rights and liabilities of bona fide pur-

chasers.

Alteration of instrument as affecting, see
ALTERATION OF INSTRUMENTS.

- who are bona fide purchasers.
Notice, limiting recovery by transferee to
payment made before. 51-287.
Notice of extinguishment of obligation by
payee's indorsement of note to co-
maker for valuable consideration, as
affecting rights of assignee of such
comaker. 51-930.

Actions; defenses.

Appellate court's remanding of case for
further findings, see APPEAL AND ER-

ROR.

Parol evidence, see EVIDENCE.

Pleading, see PLEADING.

Pledgee's duty to collect pledged paper,
see PLEDGE AND COLLATERAL SECU-
RITY.

Presumptions and burden of proof, see
EVIDENCE.

Reinstatement of dismissed action, see
DISMISSAL OR DISCONTINUANCE.

-who may sue.

Pledgeor's right to sue on pledged note.
51-605.

-defense of lack or failure of con-
sideration.

Corporate stock, mere nondelivery of cer-

tificate of, as defense to action on
note for purchase price. 51-13.
Payment or extinguishment.
Bona fides of assignee of note as affected
by notice of its extinguishment, see
ante.

Comakers, effect of indorsement and de-
livery of note to. 51-936 (case p.
930).

Demand for payment, see ante.

- revival.

Comaker's assignment of note indorsed to

him by payee for valuable considera-
tion as reviving it so as to render an-
other maker liable to holder. 51-930.

BLASTING.

Concussion of atmosphere, liability for in-
jury by. 51-773.

Notice to those in charge of approaching
trains of presence of rock on track
as result of near-by blasting, duty to
give. 51-773.

Precautions to prevent injury by rocks
sliding onto railroad track, duty of
road contractors as to. 51-773.
Railroad employee injured by sliding onto
track of rock loosened by blasting.
51-773.

Railroad right of way, duty of one blast-
ing near a cut on embankment along.
51-780 (case p. 773).

Bailment by loan of bonds to bank, see
BAILMENT.

Bank, preference on insolvency of, to
bonds deposited for safe-keeping, see
BANKS.

State's waiver of prerogative right to
priority on insolvency of bank by re-
quiring bond for return of deposit,
see BANKS.

In legal proceedings.

Appeal bonds, see APPEAL AND ERROR.
Attachment bonds, see ATTACHMENT.
Replevin bonds, see REPLEVIN.
Of postmaster.

Character and extent of liability on
postmaster's bond, 51-784 (case
p. 780).

C. O. D. parcels, liability of postmaster's
bond for money collected on, by em-
ployee. 51-780.

Discharge of surety, see PRINCIPAL AND
SURETY.

Embezzlement of employee in charge of
C. O. D. department of money col-
lected as covered by postmaster's
bond. 51-780.

Bond of notary.

Measure of damages on, see DAMAGES.

Corporate bonds.

Fraud on sale of, see FRAUD AND DECEIT.
Municipal and county bonds.
Mandamus to compel collection of assess-

ments to pay bonds, see MANDAMUS.
Pleading as affecting relief in action to

compel payment of public improve-
ment bonds, see PLEADING.

Public improvement bonds, liability of mu-
nicipality which fails to collect a-
sessments to pay, see PUBLIC IM-

PROVEMENTS.

Italic type indicates points with annotation; roman type points without.

– compensation.
Cancelation of valid contract or release
of purchaser by owner as affecting
broker's right to commission. 51-
1392, 1405 (case p. 1386).
Collection of purchase price, broker's duty
as to. 51-1386.

Delivery of deed and payment of purchase

price, seller's duty where commission
is payable on. 51-1386.

Financial inability of purchaser to com-
ply with valid contract as affecting
broker's right to commission. 51-
1393.

Right to commission ás affected by fail-
ure or refusal of customer to com-
ply with valid contract. 51-1390
(case p. 1386).

Seller's duty to broker to make reasonable
effort to complete contract and col-
lect purchase price. 51-1386.
Test of broker's right to commission when
transaction falls through. 51-1386.
Waiver by seller of right to refuse to pay
as question for jury, see TRIAL.

BUSINESS.

Damages for sale of live stock infected
with communicable disease as in-
cluding injury to business. 51-507.

BY-LAWS.

Insurance company's by-laws, see INSUR-
ANCE.

CAMERAS.

Court's power to forbid use of cameras in
court room, see COURTS.

CANCELATION OF INSTRUMENTS.
Contracts generally, see CONTRACTS.
Deeds, see DEEDS.

Equity jurisdiction of suit to cancel, see
EQUITY.

CAPITAL STOCK.

See CORPORATIONS.

CARBON COPIES.

Admissibility in evidence, see EVIDENCE.

CARRIERS.

Insurance of passenger against accident,
see INSURANCE.

The dash in each citation stands for A.L.R.

CAVEAT EMPTOR.

See SALE.

CHECKS.

Forgery of, see FORGERY.
Payment by, see PAYMENTS.

Certification.

Bank's guaranty fund, certified check as
charge against, see BANKS.

Insolvent bank, rights as against, of draw-
er or holder of certified check, see
BANKS.

Payment by certified check, see PAYMENT.

CIGARETTES.

Constitutionality of statute making pos-
session of cigarette papers prima
facie evidence of violation of Anti-
Cigarette Act. 51–1171.

Italic type indicates points with annotation; roman type points without.

« Předchozí Pokračovat »

Knihy

American Law Reports Annotated, Svazek 51