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 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- A lawyer of the Trojan bar, -F. J. Parmenter in Troy Press. NEW YORK: Court of Appeals Abstract, (see Recent American Court of Appeals Calendar.. Court of Appeals Decisions handed down (Dec. 28), 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 Criminal Law Magazine........ Pacific Coast Law Journal Southern Law Review...... Virginia Law Journal.... .... PENAL CODE (see Current Topics). Page. 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 RAILWAY (see Leading Articles). RECENT AMERICAN DECISIONS: Georgia Supreme Court.. Kansas Supreme Court. Kentucky Court of Appeals. 116, 177, 399 194, 259, 814, 377, 397, 473, 517 38, 378, 497. 519 Maryland Court of Appeals...... 77, 316, 337, 418, 474, 498 55, 178, 237, 277, 296, 360, 376 396, 477 218, 238, 476 157, 218, 338 276, 298 New York Court of Appeals.... 35, 73, 94, 112, 134, 173, 235 255, 372 157, 336, 399, 499 Pennsylvania Supreme Court. RHODE ISLAND, Supreme Court Abstract (see Re- 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... Complaint, Curious.. 340 Contingent fee anecdote. 100 Dissenting opinion, polite judge. 20 Divorce cases, statistics. 100 English courts as described in 1769 160 French Canadian names... 160 Gibson's Law Notes, correcting error 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). 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. 438 Supreme Court Abstract (see Recent American Deci- (See Current Topics). OHIO, Supreme Court Abstract (see Recent American cles). ORDINANCE, MUNICIPAL (see Leading Arti- |