INDEX.

[For index to notes see page 651.]

Head-note references are to pages.

Cross-references are to subjects; and the number of the note is added in parenthesis, unless the reference is to all.

ACCIDENT INSURANCE-See INSURANCE (1).

ACCOUNTING-See EQUITY PRACTICE (2, 3); STATUTE OF LIMITA

TIONS.

ACTION.

ASSUMPSIT.

1. To recover from the cashier of a national bank taxes assessed against certain of its stockholders. 19.

2. Upon a guaranty of payment by a married woman of a non-negotiable note, which her husband had assigned to her, and which she delivered to him to use in the payment of his debts. 67.

3. By a grantee to recover from the grantor the portion of a mortgage debt not assumed by the grantee on receiving a deed of the mortgaged premises, and which the grantor agreed to pay. 76.

4. By a firm of newspaper publishers upon a contract for advertising made with the defendant by one member of the firm. 79.

5. Upon a certificate of deposit, the defense being that the certificate was not presented for payment and payment refused before bringing suit. 88.

ACTION-Assumpsit-Continued.

6. On an insurance policy, the defenses being that the plaint-
iff made false representations as to the title to the land
upon which the insured building was situated, and that the
contract was made on Sunday. 132.

7. By a grantee to recover certain moneys which, by agree-
ment with the grantor, he had deposited with a third party,
to be used by him in paying off a mortgage upon the land.
135.

8. To recover from a firemen's benefit association a death ben-
efit, the defense being that the fire department had, by
placing the insured member upon the retired list, terminated
his membership in the defendant association. 149.

9. Upon a promissory note assigned to the plaintiff by a daugh-
ter of the payee after his death, she claiming the note as a
gift from her father during his last illness. 156.

10. To recover the balance claimed to be due from material
men on account of an order given to them by a contractor
for the contract price of a building, upon which they drew
the money, and from which, as claimed by the contractor,
they were to retain the amount due them for materials, and
turn the remainder over to him to pay his men. 213.
11. For the purchase price of three great gross papers of pins,
the defense being fraud. 225.

12. By the grantee in a warranty deed for the purchase price
of timber sold by him from the land, for the value of which
timber an adverse claimant of the land had recovered a
judgment against the vendee, who was reimbursed by the
plaintiff, the claim of plaintiff being that the purchase price
of the timber was agreed upon at a sum distinct from that
agreed to be paid for the land. 228.

13. To recover from a vendee damages for his refusal to receive
potatoes sold to him, and which, by reason of such refusal,
the vendor sold for the best price obtainable. 242.

14. By assignees to recover the amount claimed to be due upon
a sawing contract, the defense being that a large amount
of the lumber was improperly and defectively manufactured
by reason of the sawing of the logs indiscriminately with
the same saw.

252.

16. By a traveling salesman for a breach by his employers of

the contract of employment. 265.

ACTION—Assumpsit—Continued.

17. By a vendor to recover the purchase price of a windmill,
the defense being a breach of warranty. 281.

18. By retail clothing dealers against a common carrier to
recover damages alleged to have been sustained by reason
of delay in transporting a case of goods from the place of
purchase to the place of destination. 300.

19. Upon a constable's bond to recover moneys collected by the
constable on execution, and which he refused to pay over.
390.

20. Upon an insurance policy, the defense being that no valid
contract of insurance was made, the defendant company
having ordered the cancellation of the policy. 397.

21. Upon a promissory note signed by husband and wife. 433.
22. To recover for plumbing done in a house which a third
party contracted to erect for the defendant, and with whom
plaintiff agreed in the first instance to do the plumbing,
upon the theory of an abandonment by the contractor of his
contract, and an agreement by the defendant to pay plaintiff
for the work agreed to be done for the contractor if plaintiff
would finish the work, and make certain changes at an
additional price, which the defendant agreed to pay. 489.
23. Upon a fire insurance policy, the defense being the viola-
tion by the insured of a provision voiding the policy if the
insured had, or should thereafter make or procure, any other
contract of insurance, whether valid or not. 503.

24. Against the receiver of a bank upon a renewal note redis-
counted for the bank by the plaintiffs, the defense being
that the note was not rediscounted paper, and want of
authority on the part of the cashier of the bank to guaran-
tee the payment of the note. 521.

25. Upon a justice's judgment, the defense being that the judg-
ment was void because of the failure of the justice to enter
upon his docket the place to which the case was adjourned.
556.

26. Upon a promissory note given in payment for a subscrip-
tion to stock in a manufacturing company, the defense being
fraud and misrepresentation. 625.

27. Upon an accident insurance policy issued to a traveling
salesman, who was injured by jumping from a moving train,
from which injury death resulted, the defense being that
the decedent voluntarily exposed himself to " 'obvious risk

ACTION-Assumpsit-Continued.

of injury," within the meaning of the policy, which was
thereby voided. 634.

EJECTMENT.

1. For land held by the defendant under an arrangement with
the acting guardian of the minor owners, through whom the
plaintiff claimed title, for the purchase of the land, but
which arrangement he never consummated. 107.

2 By the holder of the original title against the grantee in
tax deeds. 494.

3. For land used as a part of a highway. 560.

GARNISHMENT.

Proceedings instituted by a creditor of a depositor against a
bank, the defense being an agreement with the depositor to
keep, at all times, a specified balance to his credit to cover
his liability on returned drafts. 176.

REPLEVIN.

1. By a mortgagee from the receiver of the mortgagor. 103.
2. By a lessor of hay cut on the leased premises, which the
lessor claimed by reason of an alleged abandonment by the
lessee of the leased premises. 109.

8. By a vendee from an officer who justified under an execution
issued upon a judgment rendered against the vendor for the
purchase price of the property. 153.

4. By a father for a horse owned by him, and which his
minor son mortgaged. 289.

5. By mortgagees of the mortgaged property from attaching
creditors of the mortgagor, the testimony tending to show
that the mortgage was given to secure an existing indebted-
ness and certain advances to be made to the mortgagor,
which facts did not appear upon the face of the mortgage.

856.

6. By a firm of firm property seized to satisfy a tax intended
to be assessed upon the property of the firm, but which was
by mistake assessed in the name of one of the partners. 424.
7. Of chattel-mortgaged property. 507.

8. Of logs, which the defendant had cut and removed from
wild lands, the title to which he claimed under tax deeds.
642.