Page:Harvard Law Review Volume 1.djvu/263

 The case was removed to the Circuit Court. While it was there pending, the defendant applied to the same Court for an injunction, alleging that numerous prosecutions were being brought against him for separate sales of beer, and that his business would be destroyed and his property rendered valueless if they were allowed to proceed. The application was refused. “Courts of equity, therefore, deal only with civil and property rights. They have no jurisdiction to give relief in criminal cases, and they will not, therefore, interfere by injunction with the course of criminal justice.” Suess v. Noble, 31 Fed. Rep. 855.

——Mortgagees were selling property at auction under foreclosure. An agent of the mortgagor put in a bid to run the price up, with no intention of completing the purchase. The defendant was thus induced to raise his former bid. But, on learning the facts, he refused to complete, on the ground that his bid had been obtained by fraud. Held—That specific performance must be given, as the vendors knew nothing of the fraud. Union Bank of London v. Munster, 84 L. T. 8.

———An irresistible impulse to do an act known to be wrong and punishable is no defence. Nor is voluntary intoxication a defence, but evidence of it is admissible when the question is as to intent. State v. Mowry, 15 Pac. Rep. 282 (Kan.).

A note collects recent cases on the test of criminal responsibility, and on the burden of proof when insanity is set up as a defence.

—The plaintiff was convicted of a burglary alleged to have been committed in Cook county. The proof showed simply that it was committed in Chicago. Held—The Court will take judicial notice that Chicago is in Cook county. Sullivan v. People, 13 N. E. Rep. 248 (Ill.).

——The receiver of a letter has only a qualified property in it, the general property remaining in the writer. This applies to letters other than those valued as literary compositions. Therefore the receiver cannot sell without the consent of the writer. Rice v. Williams, 20 Chicago Legal News, 53; 32 Fed. Rep. 437.

——A mortgagor let a house at a yearly rent, payable quarterly. After one quarter’s rent had been paid to him, the mortgagee gave notice to the tenant to pay the rent to him in the future. The mortgage was transferred, and notice of the transfer was given to the tenant. The receiver of rents due to the mortgagor applied to the tenant for the next quarter’s rent, but he paid it instead to the transferees of the mortgage. It was held that the proper inference from the tenant’s remaining in possession after notice to pay rent to the mortgagee was that he assented to become his tenant, and therefore he was justified in paying rent to the assignees of the mortgage, and need not pay it to the receiver of the mortgagor. Underhay v. Read, 4S W. N. 188.

This appears to be a return to the thoroughly discredited doctrine of Pope v. Biggs, 9 B. & C. 245. Even if the inference were a necessary one, it would not follow that the lessee had ceased to be tenant to the mortgagor because he had become tenant to the mortgagee. Payment of rent to the latter is not a defence to an action by the former, but at most a counter-claim. The lessee is still tenant by estoppel to the mortgagor, under the old law. This case holds in effect that this relation was terminated by a constructive eviction.

—The defendant operated a steam tow-boat, the boiler of which exploded, doing great injury to the plaintiff’s boat. The tow-boat was not licensed under United States statutes requiring boilers to be examined by an inspector. Held—The defendant was liable on proof of the above facts without proof of negligence. Van Orden v. Robinson, 36 Alb. L. J. 403; 46 Hun, 567.

——The defendant’s partner without authority gave a note by way of accommodation. The note came into the hands of a bank, and another was given in renewal of it, the bank being then aware that the original was given without authority. It did not appear that this was known when the bank first received the note, and for this reason recovery was