This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 Excerpt: ...so drawn were charged to him in the books of the bank, and reported to the board. It was held that these facts wero sufficient to establish ...Read MoreThis historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 Excerpt: ...so drawn were charged to him in the books of the bank, and reported to the board. It was held that these facts wero sufficient to establish an implied agreement between him and the board increasing the salary to three hundred dollars per month: San Joaquin Valley Bank v. Bours, 65 Cal. 247. 2026. Lien for general balance--Sale by consignor--Notice to factor.--A factor to whem goods are consigned for sale, but whe has made no specific advances thereon, does not acquire a lien on the goods for a general balance due him from the consignor, if prior to the shipment the consignor has sold the goods, and the factor prior to receiving possession thereof is notificd of the sale by a letter of advice, and an indorsement on the bill of lading: National Bank of D. 0. Mills t Co. v. Porter, 73 Cal. 430; see Zeimer v. Antisell, 75 Id. 509; Wilson v. Sturgis, 71 Id. 220. 2101. Negligence--Evidence.--The breaking of a wheel of a stage-coach is prima facie evidence that the wheel was defective, and in the absence of evidence shewing that it was sound, or that the defect was latent, and could not bo discovered by examination, is sufficient to establish the negligence of the carrier, and its liability for an injury to a passenger occasioned thereby: Lawrence v. Green, 70 Cal. 417. In an action to recover for such an injury, after the plaintiff had sbown that the accident was caused by the breaking of the wheel, the burden of proof was on the defendant to sbow that the wheel was not defective, or if so, that the defect did not causo the accident: Id. A stage-coach proprietor is liablo for an injury to a passenger, caused by the negligent overturning of the coach, notwithstanding the passenger contributed to the injury by his own raslmess, imprudence, or indiscretion at the ti...Read Less
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