INDEX.

INDEX TO THE NOTES.

AGENCY, sale by agent passes title when, 201.

ASSIGNMENTS FOR BENEFIT OF CREDITORS of corporation, powers of assignes respecting unpaid subscriptions, 833, 834.

BONA FIDE PURCHASER from vendee under conditional sale, 197, 198.
BONDS, stolen, sale of, passes title when, 200.

official, receipts of officers as evidence against their sureties, 749, 750.

BROKER purchasing for principal, liability of, 204.

CONSPIRACY, acquittal of one conspirator, 492.

agreement may be express or implied, 47€.

boycotting as, 492.

concurrence of several persons necessary, 475, 476.

defenses to indictment for, 491.

defined, 474, 475.

evidence, acts and declarations of co-conspirators, 487–489.

evidence, assembling and drilling men, 486.

evidence, contents of handbills as, 486.

evidence, direct proof not required, 482.

evidence, inscriptions and devices on banners and flags, 485.

evidence, letters and telegrams as, 484.

evidence, meetings and acts at, 486.

evidence, object must be proven, 483.

evidence of similar crimes, 484.

evidence, order of proof, 489.

evidence, overt act need not be proven, 483.

evidence, personals in newspapers as, 485.

evidence, printed placards and publications as, 486.

evidence, proof as to time when conspiracy was formed, 484.

evidence, speeches as, 484.

indictment, averments of, 480-482.

influence upon society as an element, 475.

instructions in cases of, 489, 490.

judgment, form of, 492.

CONSPIRACY, knowledge of member of part performed by him, 479, 490.

malice as an element, 477-479.

means used must effect design, 477–479.

meeting of parties, 480.

merger in higher crime, 491.

nature of offense, 475.

presence at consummation, 477. previous acquaintance of parties, 480. prior agreement necessary, 475, 476. separate trials of conspirators, 491. venue, where must be laid, 482. CONTRACTS, effect of fraud upon, 729.

CORPORATIONS, assignees for benefit of creditors, powers respecting unpaid

subscriptions, 833, 834.

bill for discovery of stockholders, 807.

contribution among stockholders upon payment of debt by one, 870. construction of statutes imposing liability on stockholders, 836.

creditors may waive right to pursue stockholder, 848.

debts for which stockholders are liable, 844.

decree in suit by creditors against stockholders, 816.

equity jurisdiction to compel payment of subscriptions or to make calls,

810-814.

estoppels in action to enforce statutory liability of stockholder, 872. estoppel of stockholders to attack validity of organization, 827, 872. fraud and mistake as affecting stockholder's liability, 824-827.

full-paid shares, liability of stockholder, 817-824.

interest and costs, liability of stockholders for, 845.

judgment in action against, whether conclusive against stockholder, 858. mandamus to compel officers to call in subscriptions, 807, 808.

married women are subject to statutory liability of stockholders, 867.

notice of meeting must be given directors when, 69, 70.

parties to suit by creditor against stockholders, 815, 816, 857.

partners, stockholders are not liable as, 849, 850.

priority of creditors suing stockholders, 869.

receivers, powers respecting unpaid subscriptions, 833, 834.

set-off by stockholder, against statutory liability, 870.

statute of limitations, effect on creditor's rights against stockholders,

827-829, 872.

statutory liability of stockholders to creditors, 834-872.

stock-books as evidence of ownership, 866.

stockholders are not sureties or guarantors, 848, 849.

stockholders, common-law liability to creditors for unpaid subscriptions,

806.

stockholder, extent of liability, 816, 817.

stockholders, garnishment for unpaid subscriptions, 807, 808.

stockholders, liability of, to creditors for corporate debts, 806-872.

CORPORATIONS, stockholders, liability to creditors under national banking

act, 842, 843.

stockholders, statutory liability of, where enforceable, 867.

survival against decedent's estate of statutory liability as stockholder, 869.

transfer of stock, effect on liability of stockholder, 860-866.

unpaid subscriptions are trust fund for creditors, 808–810. COSTS, liability of stockholders of corporation for, 845. COUNTERCLAIM, statute of limitations against, 63, 64. CRIMINAL LAW, conspiracy, what constitutes, 474–492. indictments for murder, sufficiency of, 279–284. See CONSPIRACY.

DIVORCE, physical examination in suits for, 556.
DRAINAGE, easements of, 787, 788.

EASEMENT of drainage, 787, 788.

EQUITY, jurisdiction to compel payment of subscriptions to corporate stock, 810-814.

jurisdiction to compel corporations to make calls, 810-814.

parties to bill by creditors to compel payment of unpaid subscriptions to corporation, 815, 816.

ESTOPPEL of stockholders to deny validity of corporate existence, 827, 872. EVIDENCE of criminal conspiracy, 474-492.

of title in action on sale, 205, 206.

receipts of officers as, against sureties, 749, 750.

EXECUTIONS, title acquired by purchaser at sale on, 203, 204.

EXECUTORS AND ADMINISTRATORS, right to impeach or defend on ground of, 740-742.

title acquired by purchaser at sale by, 204.

FACTORS, sale by, passes title when, 201.

FRAUD as recriminatory defense, 727-745.

effect upon executed and executory contracts, 729, 730.

right of executor or administrator to impeach or defend on ground of, 740-742.

FRAUDULENT CONVEYANCES, valid between parties, 728.

heirs, privies, and assigns, how far bound, 729.

GARNISHMENT of stockholder for unpaid subscriptions, 807, 808.

INSURANCE, life, declarations of applicant as to health, effect on policy, 634637.

life, effect of disease of applicant, on policy, 634-637.

life, forfeiture of policy for misrepresentations, 637.
life, waiver of forfeiture of policy, 637.

INTEREST, liability of stockholders of corporations for, 845.