2028. Refusal to give clearance card or consent to employment-Blacklisting. 2029. Breach of agreement to will property as compensation for services. 2030. Breach by employer-Profits. 2031. Breach by employee-Generally. 2032. Partial breach of agreement to locate and survey lands. 2033. Employee's failure to perform duties-Improper or imperfect work-Knowledge of peculiar character of work-Violation of instructions. 2034. Liability of master for servant's negligence or torts -Servant's malicious, etc., acts-Exemplary ages. dam 2035. Recovery against third person-Maliciously or unlawfully procuring discharge. 2036. Threats to discharge-Actual and exemplary dam ages. 2037. Enticing away servant, etc. -Preventing servant from entering employ. 2038. Retention of or injury to servant's property by mas ter. 2039. Physicians and surgeons→→→ Malpractice Nominal damages Punitive dam ages. SUBD. III. AGENTS, FACTORS, BROKERS, COMMISSION MERCHANTS, AUCTIONEERS, ETC. § 2040. Recovery and extent thereof against agents, etc., by principal or third personGenerally 2041. Principal and agent-Factor or correspondent-Violation of instructions-Negligence. chant-Double damages. 2058. Agents, etc.-Profits. 2059. Agent, etc.-Exclusive territory. 2060. Refusal of principal to furnish or deliver goods or stock or to permit salesLoss in performance of agent's duties-Nominal damages. 2061. Agents, etc.-Wrongful discharge from or termination of employment. 2062. Agents, etc.-Commission or compensation as damages. 2063. Agents, etc., expenditures, costs and attorney's fees. 2064. Agents, etc.-Set-off and counterclaim. 2065. Agents, etc.-Evidence. Generally. SUBD. IV. OFFICERS OF CORPORATIONS. § 2066. Negligent and wrongful acts and resulting damages— Participation or acquiescence of stockholders. 2067. Wrongful, etc., acts as to stocks, funds, drafts, notes, bonds and loans. 2068. Fraudulent issue or overissue of stock. 2069. Misleading statements as to credit-Publishing false reports as to conditionCompensatory and puni-l tive damages-Attorney's fees-Mental distress. 2070. Depreciation of stock-Remote damages-ProfitsWrongful cancellation of stock-Evidence. 2071. Transfers of stock. 2072. Refusal to allow examination of books, etc.-Damages proximately and legally resulting Remote, etc., damages-Costs and counsel fees. SUBD. VIII. SURETIES, GUARANTORS AND INDEMNITY. § 2110. Sureties, guarantors and in demnity-General rules 2111. Sureties on trustees' bonds. 2112. Sureties on executors or administrator's bonds-Probate bonds. 2113. Sureties on receiver's bonds. SUBD. I. HUSBAND AND WIFE-PARENT AND CHILDGUARDIAN AND WARD. § 2004. Husband and wife-Torts.-The husband was at common law liable for his wife's torts, and he alone, or they jointly, were so liable according to the circumstances, in general, of his control or coercion, or otherwise. But a recovery cannot be had against a husband, in the absence of his coercion or instigation to the act, for damage occasioned by his wife's causing a dog to bite a child. Nor can a recovery be had against a husband for slanderous utterances of his wife where he had no knowledge thereof; nor can a wife make her husband liable for damages, by instituting a criminal proceeding in his name, even though she has charge of the home and the general management of his affairs in his absence. A 3 Phelps, 73 Vt. 390; 50 Atl. 1101. 1 See Martin v. Robson, 65 Ill. | v. Nichols, 147 Mo. 387; 48 S. W. 129; Baker v. Young, 44 Ill. 42; 947; Bruce v. Bombeck, 79 Mo. Ball v. Bennett, 21 Ind. 427; Radke App. 231; 2 Mo. App. Rep. 327. v. Schlundt (Ind. App. 1902), 65 N. But see D. Wolff & Co. v. Lozier E. 770; Marshall v. Oakes, 51 Me.(N. J. 1902), 52 Atl. 303; Russell v. 308; McCarty v. De Best, 120 Mass. 89; Miller v. Sweetzer, 22 Mich. 2 Strubing v. Maher, 46 App. 391; Brazil v. Moran, Minn. 336; Div. (N. Y.) 400; 61 N. Y. Supp. D. Wolff & Co. v. Lozier (N. J. 799. See O'Brien v. Walsh (N. J.), 1902), 52 Atl. 503; Kowing v. Man- 43 Atl. 664, and examine citations ley, 49 N. Y. 192; 13 Abb. N. S. 276; | in last preceding note herein. Baum v. Mullen, 47 N. Y. 577; 8 McClure v. McMartin, 104 La. State v. Williams, 65 N. C. 398; 596; 29 So. 227. See Lane v. Bryant, Keen v. Hartman, 48 Pa. St. 497; 100 Ky. 138; 37 S. W. 584; 36 L. R. Edwards v. Wessinger, 65 S. C. 161; A. 709. But see Taylor v. Pullen, 43 S. E. 518; notes 83 Am. Dec. 776; 152 Mo. 434; 53 S. W. 1086. As to 6 Am. Dec. 106; 7 L. R. A. 640; 6 action by husband for slander of L. R. A. 718; 12 U. S. C. C. A. 190. wife, see sec. 395, herein. That common law liability for wife's torts is unchanged by statute, see Henley v. Wilson, 137 Cal. 273; 70 Pac. 21; 58 L. R. A. 941; Nichols * Miles v. Salisbury, 21 Ohio Civ. Ct. R. 333; 12 O. C. D. 7. As to malicious prosecution generally, see secs. 429-447, herein. As to false recovery can, however, be had against a wife for injury caused by her husband's vicious dog, where it is, without objection on her part, harbored on her private property, which is the common domicile.3 § 2005. Husband and wife-Loss of wife's servicesMedical expenses.-Damages occasioned in the loss of a wife's society and services, by reason of a nuisance, may bė recovered by the husband, and this will include medical expenses incurred by reason of her consequent sickness." But the damages recoverable for loss of her services should be based upon what they are reasonably worth to the husband, and what he had accumulated from such services should not be considered.? § 2006. Recovery by husband from wife or another.The value of his services may be recovered by a husband from his wife, when rendered, under the expectation of compensation, in cultivating her farm and her separate estate is benefited thereby.8 But damages cannot be recovered from a telegraph company by a husband from failure to deliver a message to his wife beyond the delivery limits, in his absence, where arrest and imprisonment generally, | St. R. Co., 69 N. Y. Supp. 955; 34 see secs. 448-456, herein. Misc. 528; Selleck v. Janesville, 104 5 Hugron v. Statton, Rap. Jud. Wis. 570; 80 N. W. 944; 47 L. R. A. Queb. 18 C. S. 200. 691; secs. 316-326, herein. Examine 6 Adams Hotel Co. v. Cobb (Ind. Southern R. Co. v. Crowder, 135 Ty. 1899), 53 S. W. 478. See as to Ala. 417; 33 So. 335; Martin v. loss of wife's society and services Southern Pac. Co., 130 Cal. 285; 62 and medical expenses in case of her Pac. 515; Denver & R. G. R. Co. v. death the chapters, herein on dam- Young (Colo. 1902), 70 Pac. 688; ages caused by death. As to serv- Vincent v. Ireland, 2 Pennewill ices and medical expenses in (Del.), 580; 49 Atl. 172; Roberts v. physical injury cases, see secs. 251- Haines, 112 Ga. 842; 38 S. E. 109; 259, 316-326, herein. As to non- Grand Ireland Bkg. Co. v. Wright, recovery for loss of wife's services 53 Neb. 574; 74 N. W. 82; Turner for failure to deliver telegram, etc., | v. Davenport (N. J. 1901), 49 Atl. see sec. 1445, herein. 463; Texas & P. R. Co. v. Humble (U. S. C. C. A. Ark.), 38 C. C. A. 502; 97 Fed. 837. 8 Indianapolis St. R. Co. v. Robinson, 157 Ind. 414; 61 N. E. 936. See as to services of wife, Culler v. Browning's Exr. v. Browning Missouri, K. & T. R. Co., 94 Mo.(Va.), 36 S. E. 108, aff'd 36 S. E. App. 340; Klapper v. Metropolitan | 525. |