PENNY V. CROUL...

Evidence-Suit by an administrator against an executor

individually for the conversion of property-If real
issue is between the two estates, the defendant is not
disqualified from testifying to facts equally within the
knowledge of the plaintiff's intestate-An heir of the
intestate is disqualified.

PETERS, BLODGETT & DAVIS LUMBER COMPANY V...

PLANK'S TAVERN COMPANY V. BURKHARD.

Subscription paper-By which the signers "promise to pay
the trustees of the hotel to be built at St. Joseph [their
place of residence] the sums set opposite our names, to
be taken as stock, $25 per share," is insufficient in and
of itself to form a contract-Directing verdict.

PLUMMER V. TOWNSHIP OF EDWARDS...

Sheriff - Board of supervisors has no power to allow that
officer an annual salary for his services as "jailer,”
including those for which the statute has provided fixed
fees.

PAGE 15

498

182

621

PLUMMER V. TOWNSHIP OF OGEMAW.

621

PORTAGE TOWNSHIP BOARD OF HEALTH V. VAN HOESEN...... 533

POSTAL, DOTY V................

POTTER V. HUTCHISON MANUFACTURING COMPANY..

143

59

Summons-Issuance of in blank-Is not vitiated by being filled out by attorney for plaintiff, no abuse being shown. PURVIS V. BUTLER..

Joint obligation-Each obligor is bound for its entire fulfillment, and, in the absence of a plea in abatement, may be proceeded against to judgment and executionPartnership-Agreement to advance money for the prosecution of a business, and to receive and apply the profits in its liquidation, makes the promisor, who succeeds to the entire proprietorship of the business, liable as a partner to third persons upon contracts entered into in carrying on the same.

248

R.

REILLY V. BROWN.

Mortgage-Absolute conveyance-Fraud.

PAGE

163

RICHMOND V. CHICAGO & WEST MICHIGAN RAILWAY COMPANY 374
Negligence case- -Question of negligence of street-car driver

in driving onto a railroad crossing without looking in
the direction from which certain detached freight-cars
were approaching, after reaching a point from which
they were visible, and until his horse was upon the
track, held a question for the jury-Jury to determine
whether, under the circumstances, the driver had the
right to rely, and how far, upon the absence of the
flagman from his post of duty, and the want of any
signal of danger from him, as an assurance of safety;
and, if they find that an ordinarily prudent man would
have acted as the driver did, plaintiff can recover-
Damages-Recoverable of a railroad company for the
negligent killing of a person are limited to the pecuniary
injury sustained by the persons entitled to share in the
distribution of his personal estate-Such distribution is
governed by the statute existing at the time of such
killing.

RIPLEY V. EVANS..

Corporations-Enforcement of individual liability of stockholders-Execution need only issue to, and be returned unsatisfied from, the home county-Return of sheriff is conclusive-Act No. 141, Laws of 1877, providing for such enforcement, is not unconstitutional because it exempts cases where the suit is for labor, and is brought by the laborer-Said act repealed by implication the provisions of chapter 130, Comp. Laws of 1871, for the enforcement of such liability by bill in chancery.

ROSENFIELD V. CASE...

Chattel mortgage-Replevin by mortgagee from creditors who attached subject to the mortgage-Defenses that they were entitled to joint possession until completion of inventory, and that the mortgage was being fraudulently used to defeat the claims of other creditors, are

217

295

Rosenfield v. Case-Continued.

antagonistic-Such second defense is properly excluded
-The attaching creditors cannot recover in the replevin
suit unless the value of the property exceeds the mort-
gage debt-If mortgagee was entitled to possession
when property was replevied, the after payment of his
mortgage by a second mortgagee will not affect his
right to a judgment-Attachment in opposition to mort-
gage, and refusal of officer to admit mortgagee to a
joint possession, justifies a demand for possession under
insecurity clause, whether the debt is due or not due-
Evidence-Conclusion of witness-Not called for by
question whether or not a demand was made at a
stated time for the joint possession of chattel-mortgaged
property-Disposition made of property after its replevin
by mortgagee is immaterial to the issue-Appraisals
made on subsequent attachments are admissible in the
replevin suit as tending to show the value of the prop-
erty, in connection with evidence tending to show that
it was in substantially the same condition as when
replevied-Estimate of value placed upon the property
by the owner and mortgagor is inadmissible.

ROYAL INSURANCE COMPANY, GRISTOCK V....

PAGE

428

S.

SAGINAW CITY, DAVIES V..

SANSCRAINTE V. TORONGO...

Evidence-If land is described as lying in a given direc-
tion from a certain creek, and in a later deed as lying
in a like direction from a specified river, the identity
of the two streams may be shown-Statement of hus-
band, in wife's presence and without her dissent, as to
removal of ancient fence, held admissible in a disputed
boundary case to which the wife is a party-Adverse
possession-If maintained for 30 years up to a marked
boundary, establishes the right of the occupant, although
his original entry may not have been under any title or
claim of title-Evidence of general reputation that
occupant claimed to own the land is admissible.

439

69

SCHINDLER V. MILWAUKEE, LAKE SHORE & WESTERN RAIL-
WAY COMPANY.....

Negligence case-Gross negligence of defendant in the
management of certain detached freight-cars, to plaint-
iff's injury, who had not arrived at the age of account-
ability, held properly found by the jury.

SCHMIDT V. SPENCER...

Husband and wife-Their note, given for a loan made
and used for the husband's benefit, is void, in the
absence of the wife's representations that loan is made
for her use and benefit-Payee is chargeable with knowl-
edge of the law voiding such a note, and the fact that
the husband asked for the loan as his wife's agent is
immaterial.

PAGE

400

121

SCHROEDER V. FARMERS' MUTUAL FIRE INSURANCE COMPANY.. 310
Mutual fire insurance companies-Member cannot with-
draw so as to release himself or the company from
liability without surrendering his policy, if such sur-
render is required by the charter as a condition to such
' withdrawal-Charge to jury-Error to instruct jury that
the undisputed testimony shows a certain state of facts
where there is contradictory testimony on the subject.
SMITH V. ABAIR..

Husband and wife-Husband can maintain replevin for
wife's wearing apparel, purchased by her with his
money, as against an officer who seizes it in satisfaction
of a tax assessed ugon her separate property.

SMITH, BRYANT v..

62

SMITH, GOODRICH V.

SOWLE, CRIBBS V..

SOWLE, STAHELIN V..

SPENCER, SCHMIDT V......

SPONABLE V. HANSON...

Deed-Mental incompetency-Evidence establishing-Bona

fide mortgagee.

525

1

340

124

121

204

STAHELIN V. SOWLE..

Evidence-Of contemporaneous agreements and conversations is competent, where the written agreement does not contain the entire contract, to supply the deficiency —A contract not required to be in writing, and resting partly in parol, may be proved by oral testimony-The writing is the best evidence of the facts stated therein -If plaintiff seeks to recover damages. for being prevented from performing contract, he must make out the contract alleged in his declaration, and show prevention of its performance by wrongful act of defendant-Contract for the mutual delivery of specific articles, or for delivery by one party and payment by the other -On default by one party, the other may treat the contract as abandoned, and justify its rescission. STEVENS V. PANTLIND... - - - .

Directing verdict-Unauthorized before plaintiff has rested
his case,
he not claiming to recover on case as presented,
and having advanced no theory inconsistent with the
case set forth in his declaration.

SUMMERS V. WAGNER..

Sale Of cut of shingle-mill, title to pass when shingles
are reported and paid for-Evidence of parol agreement
for shipment of shingles not so reported and paid for,
and for passing of title on such shipment, is admissible
-Vendor can recover for shingles so shipped, but not
for those loaded in a car and burned prior to shipment.

SUPERVISORS OF SAGINAW COUNTY, HAINES V......

SWEET V. MICHIGAN CENTRAL RAILROAD COMPANY................................. Negligence case-Duty of master to provide a safe place for servant to work in-Violated by the construction and maintenance by a railroad company of a side track so near a building in its yards, and under its control, as to endanger the lives of its employés while switching cars-It is for the jury to determine whether a brakeman who is killed by being crushed between a car and the building knew or ought to have known of the danger, it not appearing that he had ever before switched

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124

476

272

237

559