to the risk would avoid the contract. The referee found as facts that the assured had represented that the building was not used as a tavern or saloon, that in truth the basement was used as a saloon, and that such use increased the risk. Still the court preferred to hold the company released on some other grounds. In Chase v. Hamilton Ins. Co., 20 N. Y. 52, the application of the assured described the building as a stone dwelling-house, and by reference to the by-laws, provided that unless it contained a true representation of the property, so far as concerned the risk and value, the policy should be void. A wooden kitchen attached to the stone structure formed part of the dwelling. Held, that the policy was void. On the other hand, in Dobson v. Sotheby, 1 M. & M. 90, the policy was effected upon "a barn." The premises were agricultural buildings, but not such as were strictly to be described as a barn. Lord Tenterden held the policy good, because it would give the company sub. stantial information of the nature of the buildings, and the rate would have been the same if a more correct phrase had been used. He said the buildings were substantially well described. So in Foot v. Etna Ins. Co., 61 N. Y. 571, it was said that warranties must be substantially true, and in Gerhauser v. N. B. & M. Ins. Co., 7 Nev. 174, and Copp v. German Ins. Co., 51 Wis. 637, it was held that the breach of warranty must be a substantial one to avoid the policy. In Hall v. People's Ins. Co., 6 Gray, 185, the policy described the building as a hotel. It was leased as a hotel and kept by the tenant as such, but he used it also as a house of ill-fame. Held, that this alone did not invalidate the contract, but that if the undisclosed use were a material fact, known to the insured and suppressed by him, then the policy would not bind. This decision can be supported only on the theory that the warranty on the face of the policy was not broken, if it con tained the substaral, although not the complete truth. In White v. Mu Fire Ass. Co., 8 Gray, 566, the policy described the property as a "brick dwelling-house and wood-house." The "wood-house" was built for and used as a wood-house and carriage-house, the wood-room constituting about two-thirds of the whole structure. Held, that the policy covered both, and was valid. See also Haley v. Dorchester Ins. Co., 12 Gray, 545. New Jersey Sup. Ct., Nov. Term, 1883. Martin v. State Insurance Co. Opinion by Dixon, J. (15 Vroom, 485). THE COURT OF APPEALS DECISIONS. handed down at Order HE following decisions were Saratoga Springs, Tuesday, June 26, 1883. Judgment affirmed with costs-Bank of Monroe v. State of New York; Scott v. Stockwell. affirmed with costs-In re Attorney-General v. Continental Life Insurance Company; (claim of Hoyt,) May v. Jung; Yuengling v. Hone; In re Hine v. Wood. worth; Town of Hancock v. The National Bank of Oxford; Tine v. Smith; Boyd v. Smith; Malcolm v. Harnill; Village of Lansingburgh v. The Cohoes, etc., Bridge Company.-Appeal dismissed on the ground that an order appealed from is not final with costs - In re Leonard to vacate, etc.. -Appeal dismissed with costs -Diamond Match Co. v. Roeber; Buckley v. Gutta Percha Mfg. Co. Order of Supreme Court and County Judge reversed and motion to punish debtor for contempt denied with costs and costs of this appeal-Hancock v. Sears.-Order of Court of Common Pleas reversed; that of Marine Court affirmed, with costs-Griffin v. Greel.-Motion to put cause on calendar for a day certain denied without costsIn re Lehigh Valley Railroad Company, to cross tracks of New York Central Company, Hudson River RailMotion to file special return road Company. -Motion to vacate stay -Motion for reargument granted-Tillman v. Davis. denied-Webster v. People.denied without costs Fellows v. Fellows, upon reconsideration case upon points now submitted. Motion to return remittitur and open default denied with costs-Pierce v. Waters.-Motion to dismiss appeal granted with costs-Meigs v. McCann; Hencken v. James; Briant v. Holbrook.-Motion to send return denied with costs - Morange v. DeYouny, · Motion to dismiss appeal denied without costs- Mean v. New York, Lake Erie & Western Railroad. mittitur amended so as to read as follows: Judgment modified by striking therefrom the sum of $2,500 and interest thereon from July 15, 1882, and as thus modified affirmed without costs to either party - People v. Albany Insurance Company. NOTES. ATTORNEY AND CLIENT - Re A FACT LITERALLY REN A lawyer of the Trojan bar, Wal, Squire, I've come--if you're awake- -F. J. Parmenter in Troy Press. Court of Appeals Abstract (see Recent American Decisions). Court of Appeals Calendar... Court of Appeals Decisions handed down (Dec. 28), 20; (Jan. 16), 60; (Jan. 23), 80; (Jan. 30), 100; (Feb. 6), 120; (Feb. 9), 140; (March 6), 200; (March 13), 220; (March 16), 240; (March 27), 260; March 30), 280; (April 17), 320; (April 24), 340; (May 1), 360; (May 8), 380; (May 11), 400; (June 5), 460; (June 12), 480; (June 19), 500: (June 26), 520, NOTES OF CASES, for subjects of, see Index-Digest. NOTES, MISCELLANEOUS: 40 Albany Law Journal Index, N. Y. Daily Register on, 40 440 40 40 520 480 Ohio Supreme Court... 78, 176, 317, 375, 419, 458 ROOF, REV. G. L., on Reminiscences of Joshua A. 160 SALE, judicial, defaulting purchaser at.... withdrawal of offer of Beer intoxicating Belt libel suit... 120 Boston Bar Association. Dr. Holmes' after-dinner poem... 120 Chas. Lamb against bankruptcy. 420 Complaint, Curious.... 340 Contingent fee anecdote. 100 Dissenting opinion, polite judge.... 20 Divorce cases, statistics. 100 bill SPENCER, JOSHUA A, reminiscences of. SIDE-WALK (see Current Topics; Iey Sidewalks). SUNDAY (see Current Topics). Modern law-suit, truth and poetry. 280 Pronunciation of Reporters' names. "Rule in Shelly's case," poem by W. H. Rawle. 160 Statue of liberty, Miss Blake on...... 20 Supreme Court of Alabama.... 220 UNITED STATES: Circuit Court Abstract (see Recent American Decisions). District Court Abstract (see Recent American Deci Kansas Supreme Court, business statistics.. SPEER, SAMUEL T., D. D., on Court of Appeals 26 508 245 46 26 NUISANCE (see Leading Articles). OBITUARY NOTICES: sions). Sharswood, George. (See Current Topics). OHIO, Supreme Court Abstract (see Recent American Decisions). cles). ORDINANCE, MUNICIPAL (see Leading Arti |