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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 substantial, although not the complete truth. In White v. Mutual 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.

- In re

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HE following decisions were handed down at Saratoga Springs, Tuesday, June 26, 1883. Judgment affirmed with costs-Bank of Monroe v. State of New York; Scott v. Stockwell. Order 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 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 Railroad Company. Motion to file special return

-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. Remittitur 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 A FACT LITERALLY REN-
DERED.

A lawyer of the Trojan bar,
Modest and meek as lawyers are,
Though quite decided that he knew,
For general use, a thing or two
Which must some day bring to his net
The larger fish that dodged him yet,
Sat nodding in his office chair-
(In truth he had much time to spare)
When just as his glad dream had centered
On a large fee, a client entered.
Th' unwonted footstep, creaking, broke
Along the floor-the lawyer woke,
Thrust out his hand as if to seize
(Fruits of his dream) the expectant fees;
But finding no retainer in it,
Stared at the stranger for a minute,
Then motioned to a seat, and muttered
Something about his bread unbuttered,
And then proceeded to explain
That lately such excessive strain
His mind had undergone while he
Was bending all his energy
On an important case, involving
Such intricate points for legal solving
That he believed, in point of fact,
His brain was hardly left intact;
And that revenging nature cast
His weary eyelids down at last.
But he was ready now, he thought.
To give such counsel as was sought.
The countryman-for such he seemed
Looked dazed as if he, too, had dreamed;
For not a word of all was stated
His dull, crude sense had penetrated.
"Wal, Squire, I've come-if you're awake-
To see what course I orter take
With Bill O'Neil who's run away
And owes me for a ton of hay.
The biggest rogue I ever saw;-
Now tell me, lawyer, what's the law?"
"Why, sir, the case requires some thought:
The fellow then, it seems, has bought
Your personal property "-"No! my hay!”
"Absconded and refused to pay."
"No! no! Squire, no!-Did I not say,
The dirty dog has run away?"
"Precisely, but my Blackstone says
Absconded is a legal phrase.
Now let me see:-You must get out-"
"Oh, I will go, Squire, never doubt-"
"A short attachment; seize upon
His household goods-your suit is won!"
"His household goods?-why what a dunce!
His household goods-I told you once
That he's got nothin' anywhere,
No more than you!-Oh, you may swear,
I'll find some sharp, shrewd lawyer, yet
Who'll tell me how to get my debt!'
Out rushed the hind with visage grim,
The legal boot assisting him.
The lawyer cheated of his fee
Stalked out more grimly e'en than he;
But first he tacked upon his door
A card that read:-"Return at 4."

-F. J. Parmenter in Troy Press.

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NEW YORK:

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-Di-

gest.

NOTES, MISCELLANEOUS:

Asp. Law Journal

Attorney and client, poem by F. J. Parmenter.

364

40

Canada Legal News
Chicago Legal News

Criminal Law Magazine........
Law Magazine and Review.
London Law Journal...
London Solicitors' Journal
Medico-Legal Journal..

Pacific Coast Law Journal

Southern Law Review......

Virginia Law Journal....

....

PENAL CODE (see Current Topics).

Page.
220

60, 164, 280, 380, 440

20, 140, 340

40

220

120, 260

260

140

140

483

20

60, 140, 260

480

PENNSYLVANIA, Supreme Court Abstract (see

Recent American Decisions).

PHYSICIAN (see Leading Articles).

POLITICAL CONTRIBUTIONS (see Current
Topics.)

RAILWAY (see Leading Articles).

RECENT AMERICAN DECISIONS:

Georgia Supreme Court..
Illinois Supreme Court..
Iowa Supreme Court.

Kansas Supreme Court.

Kentucky Court of Appeals.
Maine Supreme Court.

116, 177, 399
239, 295
115, 195, 437
56, 116, 137, 217
77

194, 259, 814, 377, 397, 473, 517

38, 378, 497. 519
37, 97, 335, 374

Maryland Court of Appeals...... 77, 316, 337, 418, 474, 498
Massachusetts Supreme Court
Michigan Supreme Court
Minnesota Supreme Court....

55, 178, 237, 277, 296, 360, 376

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396, 477
397, 458, 516

218, 238, 476

157, 218, 338

276, 298
54, 76, 158, 510

New York Court of Appeals.... 35, 73, 94, 112, 134, 173, 235

255, 372
78, 176, 317, 375, 419, 458

157, 336, 399, 499
398. 436, 474, 518

Pennsylvania Supreme Court.
Rhode Island Supreme Court.
United States Circuit Couit, 96, 176, 216, 236, 275,435, 457, 472
United States District Court. 176, 236, 275, 435, 457, 472
United States Supreme Court, 35, 54, 74, 95, 113, 136, 175, 193
216, 236, 256, 274, 313, 333, 373, 395, 415, 432, 455, 470, 494,515
Wisconsin Supreme Court, 75, 156, 258, 297, 378, 420, 437, 475
RECENT ENGLISH DECISIONS, abstracts of. 57
117, 138, 180, 196, 239, 278, 338, 438, 500
REPLEVIN (see Current Topics).

RHODE ISLAND, Supreme Court Abstract (see Re-
cent American Decisions).

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Ohio Supreme Court...

440

All Saints Goodone...

40

40

520

Beer intoxicating

480

Belt libel suit..

120

Boston Bar Association. Dr. Holmes' after-dinner

poem..

120

Chas. Lamb against bankruptcy...

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Complaint, Curious..

340

Contingent fee anecdote.

100

Dissenting opinion, polite judge.

20

Divorce cases, statistics.

100

English courts as described in 1769

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160

French Canadian names...

160

Gibson's Law Notes, correcting error

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420

Gowns in court.....

280

Idem sonans, Texas court..

withdrawal of offer of

SPEER, SAMUEL T., D. D., on Court of Appeals

245

380

bill

46

Kansas Supreme Court, business statistics..

100

London Law Courts, new. Gibson's Law Notes

SPENCER, JOSHUA A., reminiscences of.

26

on

article of Albany Law Journal....

200

Modern law-suit, truth and poetry..

SIDE-WALK (see Current Topics; Icy Sidewalks).
SUNDAY (see Current Topics).

280

Pronunciation of Reporters' names.

80

"Rule in Shelly's case," poem by W. H. Rawle.

TELEPHONE (see Current Topics).

160

Statue of liberty, Miss Blake on.......

20

Supreme Court of Alabama..

220

U.S. C. and D. C., business statistics..

100

NUISANCE (see Leading Articles).

OBITUARY NOTICES:

Sharswood, George.

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438

Supreme Court Abstract (see Recent American Deci-
sions).

(See Current Topics).

OHIO, Supreme Court Abstract (see Recent American
Decisions).

cles).

ORDINANCE, MUNICIPAL (see Leading Arti-

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