Page:Harvard Law Review Volume 5.djvu/368

352 352 HAR YARD LA W RE VIE W. Criminal Law — False Pretences — Contributory Guilt. — One who obtains money by false pretences is liable to punishment, though the person from whom it was obtained parted with it in furtherance of an illegal purpose to obtain by fraud valuable land from the United States. Cummins v. People, 27 Pac. Rep. 887 (Col.). This decision is directly contrary to that of the leading case of McCord v. People, 46 N. Y. 470. The New York rule is followed in Wisconsin. State v. Crowley, 41 Wise. 271. On the other side, and in accord with the Colorado case, are the leading cases of Com. v. Morrill, 8 Cush. 571, and Com. v. Henry, 22 Pa. St. 253. Equity — Injunction — Restraining Action at Law. — A agreed to build a piece of road for $29,000, with the right to retain possession thereof and run it for his own benefit until that sum was paid. After completing the road and be- fore receiving full payment, he was forcibly dispossessed by the officers of the rail- road company, and brought an action of forcible entry and detainer in the District Court. Pending this action he entered into a written stipulation with the company that the sum due under the contract was $25,000. Judgment was rendered in his favor. Seven months later the company's successor tendered A $25,000, with interest to date, which A refused. This bill is to enjoin A from taking possession under his judgment. Held, that the agreement was a settle- ment of the amount due A^ and on payment into court the complainant was en- titled to the injunction prayed. Lamar, J., dissenting. St. Louis, I. M-, & S. Ry. Co. v. Johnson, 12 Sup. Ct. Rep. 124. Equity — Setting aside Conveyance — Insanity — Marriage. — De- fendant, by fraud and undue influence, obtained fr< m plaintiff, an insane person, conveyances and transfers of all his property; and the next day she persuaded plaintiff to go through the form of marriage with her. Held, that a bill would lie by plaintiff, through his guardian, to avoid such conveyances and transfers, although proceedings which had been instituted to annul the marriage had not yet been decided in plaintiff's favor, and although she was, therefore, still his wife. Lombard v. Morse, 29 N. E. Rep. 205 (Mass.). Estoppel — Holding Out — Liability — Tort. — A traction engine, to which the name and address of the owner were affixed, was let on hire by the owner for three months. Owing to the negligence of the hirer while driving it along the highway, the plaintiff, who was in a carriage, was injured. Held, that the owner was not liable. Lord Esher, commenting on Stables v. Eley : " If that case decides that a person who sends out a carriage with his name upon it holds himself out as being responsible to any one injured by it through the negligence of the driver, I think it was wrongly decided. The highest that that case can be put on as an authority is ,that the name being affixed to the carriage is prima facie evidence of the liability of the person whose name is so affixed as owner; but that prima facie liability may be rebutted by evidence." Smith v. Bailey, 40 W. R. 28 (Ct. of App., Eng.). Evidence — Damages — Collateral Matter. — In proceedings by a city to condemn a water-right which is not being utilized, evidence of the amount recently paid by the city for a similar neighboring water-right is incompetent. In re Thompson, 28 N. E. Rep. 388 (N. Y.). Authority is very evenly divided upon this question. In Massachusetts, New Hampshire, Illinois, Iowa, and Wisconsin such evidence is admitted; Pennsyl- vania, New York, Georgia, and California agree with the principal case. Infancy — Right of Next Friend to Compromise. — An action of tort was brought by plaintiff's father as next friend. At the trial defendant offered to show, in bar of the action, an executed accord and satisfaction between himself and the father. Hid, that evidence upon this point was rightly excluded. Such a settlement, made for less than the full amount of the infant's demand, is beyond the power of the next friend, and will not bind the infant unless it is confirmed by the court, or unless, with the approval of the infant's counsel, final judgment is entered in accordance with it. — Tripp v. Gifford, 29 N. E. Rep. 208 (Mass.). Insurance — Quasi-Contract. — A married woman, having insured her life in the defendant company by a policy made payable to her children, died child- less. Held, that the defendant was not liable for anything to any one at law;