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Adjoining owners - right to lateral support collapse of retaining wall. The appellate division of the Ontario supreme court has held in Foster v. Brown, 10 B. R. C. that an owner of land is liable for damage occasioned by the subsidence of the land of an adjoining owner, which results because a retaining wall built by defendant's predecessor in title, after making an excavation extending to the boundary line, has been permitted to get out of repair. The question of liability under such circumstances, as appears from the accompanying annotation, is one the law on which is not well settled.

Animals liability of owner for spread of disease. That the keeping of infected swine on one's land does not render him liable for the communication of the disease to swine of an adjoining owner, in the absence of negligence in the manner of keeping them, is held by the supreme court of New South Wales in Ruhan v. Water Conservation & Irrig. Commission, 10 B. R. C., which is accompanied by a note on the liability of the owner of animals for the spread of a disease from which they are suffering.

warranty deed his right of inheritance which can be affirmed after the death of his ancestor is held in Hunt v. Smith, 191 Ky. 443, 230 S. W. 936, which is annotated in 17 A.L.R. 588, on the validity and effect of a transfer of expectancy by a prospective heir.

Attorneys liability for allowing claim to become barred. That an attorney instructed by a client to make a claim against a municipal corporation, an action on which will be barred by statute unless brought within six months, is negligent in omitting to warn his client, while an offer of settlement is under consideration, of the necessity of prompt action, in consequence of which the claim becomes barred, is held by an English court in Fletcher v. Jubb, 10 B. R. C. —. The case is accompanied by an annotation collecting the decisions upon the question of the liability of an attorney for allowing a claim to become barred by limitation.

Bank liability for loss of bond taken for safe-keeping. A bank which undertakes to care for a bond of large value belonging to a customer, which is negotiable by delivery, and is lost by the burglarizing of the bank's vault, may be found to be negligent, it is held in the Tennessee case of Pennington v. Farmers & M. Bank, 231 S. W. 545, annotated in 17 A.L.R. 1213, in leaving it in the vault, which was old and built of brick without steel lining, where there was no police protection in the town and no lights or watchman in the bank, and it had a burglar-proof safe in the vault where valuables of the bank's officers and their relatives were kept, and which were not disturbed by the burglars.

Bills and notes- stifling charge of crime -recovering payment. One

giving notes to prevent arrest of his relative on a charge of criminal misappropriation of funds is held not entitled, in Union Exch. Nat. Bank v. Joseph, 231 N. Y. 250, 131 N. E. 905, to recover money paid thereon, since, being a wrongdoer in stifling a charge of crime, the law will leave him where it finds him, although the relative was innocent of the charge, and prosecution had not been begun, if the charge was not made in bad faith.

Innocence of the person threatened as affecting the rights or remedies in respect of contracts made, or money paid, to prevent or suppress a criminal prosecution, is treated in the note appended to this case, in 17 A.L.R. 323.

Cancelation

of usurious contract equity. Equity, it is held in the Rhode Island case of Moncrief v. Palmer, 114 Atl. 181, will not cancel a usurious contract unless the borrower offers to pay the amount due with legal interest, although the statute makes it void and authorizes the borrower to recover any money paid on it.

The subject of payment or offer to pay the principal and legal interest, as a condition of relief in equity against a usurious contract, is treated in the note appended to this case, in 17 A.L.R. 119.

divorce or separation except for fault of the wife, is held not to be unconstitutional as denying due process or the equal protection of the laws, in the Alabama case of Barrington v. Barrington, 89 So. 512, which is accompanied, in 17 A.L.R. 789, by a note on the constitutionality of a discrimination as between husband and wife as to grounds of divorce.

Contract modification by parol. That a provision in a written contract for sale of standing timber, giving a right of removal during a coming winter provided grantor still owned the land, cannot be modified by parol so as to provide for removal at that time regardless of who then owned the property, is held in the Wisconsin case of Schaap v. Wolf, 181 N. W. 214, which is accompanied, in 17 A.L.R. 7, by a note on the effect of the Statute of Frauds upon the right to modify, by subsequent parol agreement, a written contract required by the statute to be in writing.

Con

Contract moral obligation. tracts entered into or promises made on the basis of relations of friendship and good will, unsupported by pecuniary or material benefit, are held in Rask v. Norman, 141 Minn. 198, 169 N. W. 704, to create, at most, bare moral obligations, binding only on the conscience, and a breach thereof presents no cause for redress by the courts.

The note appended to this case, in 17 A.L.R. 1296, treats of a moral obligation as a consideration for an executory promise.

Corporation liability on promoter's contract. That a promoter's contract, as such, cannot, by the incorporation of the contemplated company, ipso facto become the contract of the corporation, is held in Kirkup v. Anaconda Amusement Co. 59 Mont. 469, 197 Pac. 1005, which is accompanied in 17 A.L.R. 441, by a note on the liability of a corporation on the contracts of promoters.

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Electricity negligent placing of defective wire- liability. A municipal corporation which places a defectively insulated electric wire in such close proximity to a latticed pillar erected in a highway to support an elevated railroad as to be dangerous to children, who, following their instincts of play, may climb the pillar and come in contact with the wire, may, it is held in Stedwell v. Chicago, 297 Ill. 486, 130 N. E. 729, be liable for injury inflicted by their so doing.

The duty to guard against danger to children by electric wires is discussed in the note which follows this case, in 17 A.L.R. 829.