INDEX

OF THE

PRINCIPAL MATTERS.

ACCOUNT.

If one stockholder of a corporation sells out to the others for what the stock is
worth on examination, he is entitled to have an account with the com-
pany. Hager v. Thomson et al., 80.

If he is defrauded in the account, equity will relieve him. Ib.

But he must prove the fraud. Ib.

Where an account is settled by the parties without fraud or mistake it is con-
clusive. Ib.

ADMIRALTY.

To what cases the admiralty jurisdiction of the Federal Courts extends. Pro-
peller Commerce, 574.

The true test of such jurisdiction. Ib.

Where the suit is in rem for a marine tort, it may be prosecuted in any dis-

trict where the offending thing is found. Ib.

This court will not reverse a decree in admiralty for a supposed mistake of
fact, unless the mistake be clear. Ship Marcellus, 414.

Admiralty jurisdiction is given to the Federal courts by the Constitution.
Steamer St. Lawrence, 522.

It cannot be enlarged by the States nor by Congress. Ib.

But Congress may prescribe the forms of carrying it out. Ib.

See Salvage, Collision, Maritime Lien, Carrier, Damages, Freight and Cargo,
Practice.

AGENT AND PRINCIPAL.

The mercantile partners of an agent employed alone are not partners in the
agency. Law v. Cross, 533.

Principal is bound by agent's acts unless he repudiate them promptly. Ib.
One agent cannot repudiate the act of another without the special direction of

the principal. Ib.

A general agency to transact all manner of business does not authorize the
sale of the principal's property. Hodge v. Combs, 192.

A person claiming to have bought under such an agency must at least show
that he bought in good faith and paid a full price. Ib.

ATTACHMENT.

Goods attached are in the custody of the law. Stiles v. Davis et al., 101.
Goods attached in the hands of a carrier cannot be delivered to the consignee.
Ib.

Even though attached for the debt of a third party. Ib.

The court having jurisdiction of the attachment suit must settle the question.
Ib.

If the consignee has title, his remedy is not against the carrier, but the officer
or the plaintiff in the attachment. Ib.

BANK CHECK.

What delay in presenting it will not discharge the drawer. O'Brien v. Smith,

99.

Cashier of an unincorporated association holding a check for the concern
may recover in his own name. Ib.

CARRIER.

Bill of lading prima facie evidence of good order, but not conclusive. Nelson
v. Woodruff, 156.

Carrier presumed to be responsible for all loss. Ib.

But he is not responsible for leakage caused by secret defect of casks. Ib.
Shipper takes the risk of hog's lard leaking on a long voyage in hot weather.
Ib.

A ship receiving and carrying a cargo and claiming freight cannot deny her
liability to deliver in like good order. The Water Witch, 494.

A party treated as consignee and making advances on the cargo may libel
ship for damage to cargo. Ib.

In what case cargo is to be carried under deck. Ib.

See Attachment, Freight.

CALIFORNIA CLAIMS.

See Land Law.

CHANCERY.

Where land is divided among many occupants and numerous suits are threat-
ened, a bill in equity will lie to quiet the title. Crews v. Burcham, 352.
COLLISION.

A steamer is responsible for injuries caused by her carelessness to a barge in
tow. Steamer New Philadelphia, 62.

If the barge is in danger of striking a schooner, which puts out a fender, and
thus injures the barge, the fault is not in the schooner. Ib.

If it were, the steamer would still be responsible. Ib.

The owner of injured property may seek compensation from either of two
wrong-doers. Ib.

CONSTITUTIONAL LAW.

Decision of State courts not binding on this court in a question of constitu-
tional law. Jefferson Branch Bank v. Skelly, 436.

A bank charter paid for is a contract within the meaning of the Constitution.
Ib.

A bank cannot be taxed if the charter stipulates the contrary.

Ib.

A State may agree not to exercise the taxing power with respect to a particu-

lar subject. Ib.

CONSTITUTIONAL LAW, (Continued.)

The authority to establish ferries is not given to the General Government, but
is reserved to the States. Conway v. Taylor's Executor, 603.

The admiralty jurisdiction of the Federal courts is given by the Constitution,
and cannot be either enlarged or diminished. Steamer St. Lawrence, 522.
But Congress may prescribe the mode of executing it. Ib.

CONTRACT.

Construction of a contract to take merchantable logs at a certain price. Leon-
ard v. Davis, 476.

What sort of delivery of floating logs sufficient to pass title. Ib.

When actual payment and delivery is not necessary to consummate sale as be-
tween parties. Ib.

When price must be tendered before vendce is entitled to goods, and when

not. Ib.

See Deed, Covenant.

CORPORATION.

Can exist only within the bounds of the State which created it.

Mississippi Railroad Co. v. Wheeler, 256.

Ohio and

But if all its members are citizens of one State it may maintain a suit in the
Federal Courts against the citizen of another State. Ib.

The presumption is that all the members of a corporation are citizens of the
State which created it. Ib.

No averment to the contrary will be heard for the purpose of withdrawing the
suit from the jurisdiction of the court. Ib.

A corporation chartered by two States cannot have the same legal being in
both; they are separate corporations. Ib.

Being separate, they cannot unite to sue a citizen of either State. Ib.

Liability of a municipal corporation to repair a bridge under its control.
Weightman v. Corporation of Washington, 39.

Responsibility of the corporation for injuries caused by its neglect to discharge
this duty. Ib.

Construction of charter strictly against corporation. Jefferson Branch Bank
v. Skelly, 436.

The 60th section of Ohio State Bank charter is a contract which limits the
power of the State Legislature to tax that bank and its branches. Ib.
Power of a State to make shareholders of a bank individually responsible for
its debts. Sherman v. Smith, 587.

COVENANT.

Will not be construed as several, though parties have several interests, if the
words make it expressly joint. Farni v. Tesson, 309.

When covenants are mutual and reciprocal. Washington v. Ogden, 450.
Construction of a vendor's covenant that he will make a deed. Ib.
Construction of a deed in which a father covenanted to secure a certain sum
to his daughter as soon as it should be ascertained how much would be
secured to her from another source. Rogers v. Law, 253.

CRIMINAL LAW.

Writ of prohibition does not lie in a criminal case from this court to a Circuit

Court. Ex parte Gordon.

Nor a writ of error, nor a certiorari. Ib.

A criminal case can come here only on certificate of division. Ib.

A party has no right to ask such a certificate. Ib.

After conviction and warrant of execution, neither the Circuit Court nor this
court can stop the execution. Ib.

What is necessary to give jurisdiction to a Circuit Court of a criminal offence
not committed within its district. United States v. Jackalow, 484.

Not sufficient that the party was first apprehended in the district. Ib.
It must appear, also, that the offence was not committed within the jurisdic-
tion of a State, nor within any other district of United States. Ib.
DAMAGES.

A claim for damages to a cargo cannot be split up, and applied part to the
freight and a decree for the balance. The Water Witch, 494.

DEED.

Construction of a deed by which a father covenanted to secure a certain sum
to his daughter as soon as it should be ascertained how much would be
secured to her from another source. Rogers v. Law, 253.
Construction of a vendor's covenant that he will make a deed.

v. Ogden, 450.

DEPUTY.

Washington

In what case an officer's duty may be performed by deputy. Leonard v. Davis,

476.

DESCENT AND SUCCESSION.

Terms of kindred in a statute mean only those which are legitimate. Mc Cool
v. Smith, 459.

Next of kin, in an Illinois statute, is to be understood according to the com-
mon law meaning. Ib.

EJECTMENT.

In ejectment, it is for the jury to say whether land in dispute is within plain-
tiff's survey. Bates v. Illinois Central Railroad Company, 204.

When the boundary is a river, the jury are bound to find it where the survey
and field-notes have designated it, though in fact the principal channel
was elsewhere. Ib.

For the purposes of survey and sale, the public had a right to fix the place of
the river, and the grantee cannot contradict it. Ib.

In a suit for land covered with water, this court will decide nothing until the
plaintiff proves his title to the land before it was swept away. Ib.

The plaintiff must recover, if at all, upon the title he had when the suit com-
menced. Pindell v. Mullikin, 585.

In Missouri, prior equitable title bars a suit at law on a patent. O'Brien v.
Perry, 132.

ERROR.

It is error to submit a hypothetical case to the jury. Bryan v. United States,
140.