Imágenes de páginas

and 121 New York State Reporter CHECKS.

COLOR OF TITLE. See “Banks and Banking," $ 2; "Bills and to sustain adverse possession, see “Adverse Notes."

Payment by check, see “Payment,” $ 1.


See "Conspiracy"; "Monopolies," § 1.
See “Bastards"; "Infants."


Carriage of goods and passengers, see "Car Assignment, see "Assignments."


CITIES. See “Municipal Corporations."

To take testimony, see "Depositions."



Highway commissioners, see "Highways," $ 1. CLAIM AND DELIVERY.

In proceedings relating to public improvements

by municipalities, see "Municipal Corpora. See "Replevin.”

tions," $ 4. CLAIMS.

COMMISSION MERCHANTS. Against estate of decedent, see "Executors and See “Factors.”

Administrators," § 5.
Mandamus to compel audit of claim against

COMMISSIONS. town, see "Mandamus," $ 1.

Of agent, see “Principal and Agent," $ 1. CLUBS.

Of broker, see “Brokers," $ 2.

Of executor or administrator, see "Executors Under club by-laws, held, that membership of

and Administrators," $ 9. delinquent did not terminate ipso facto, and without action by club.-Westchester Golf Club Co. v. Pinkney (Sup.) 153.

COMMON CARRIERS. Notice to delinquent club member that he see "Carriers.” would be dropped held to justify him in relying thereon, and to exonerate him from further dues.-Westchester Golf Club Co. v. Pinbuey

COMMON COUNTS. (Sup.) 153.

See “Assumpsit, Action of."
Parol evidence, see "Evidence," $ 5.


Common-law marriages, see “Marriage." COLLATERAL INHERITANCE TAXES. Common-law nuisance, see “Nuisance," § 2 See “Taxation," $ 4.

COMPENSATION. COLLATERAL SECURITY. For property taken for public use, see "Emi

nent Domain," $ 2. See “Pledges."

For publication of notices in newspaper, see


For services, see “Master and Servant," § 2. COLLECTION.

Of agent, see “Principal and Agent," $ 1.

Of attorney, see "Attorney and Client," $ 2 Of estate of decedent, see “Executors and Ad- of broker, see “Brokers," $ 2. ministrators,” $ 4.

Of city officer or employé, see "Municipal Cor

porations," $ 1.

Of executor or administrator, see "Executors COLLEGES AND UNIVERSITIES. and Administrators," $ 9.

Of sheriff or constable, see "Sheriffs and CanTaxation, see "Taxation," $ 1.

stables," $ 1.

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Of deed, see "Deeds," $ 1.

Of novation, see "Novation."
Of witnesses in general, see "Witnesses,” g 1.


See "Factors."
In civil actions, see "Pleading.
In criminal prosecution, see "Indictment and


Of actions, see "Action," § 1.
See “Accord and Satisfaction"; "Payment";

Effect of offer on right to costs, see "Costs,” Arrest of judgment, see “Criminal Law," $ 5.

Combinations to monopolize trade, see "Mo-
of claims against decedent's estate, see “Exec-Demurrer' to indictment, see “Indictment and

nopolies," $ 1.
utors and Administrators," § 5.

Information, $ 1.

Former jeopardy, see "Criminal Law," $ 2.

Necessity of objection to indictment for purpose

of review, see “Criminal Law," $ 6.
Of period of limitation, see "Limitation of Ac-
tions," $ 2.

8 1. Criminal responsibility.

An indictment for conspiracy held not de-

fective, on the theory that it showed that the

conspiracy had been merged in the crime of ob-
Of witness, see "Evidence," $ 6.

taining money by false pretenses.-People v.

Weichers (Sup.) 1897.

Taking property for public use, see “Eminent

Provisions relating to particular subjects.

See “Coroners"; "Jury," $ 1; "Municipal Cor-

porations," $ 2.
In insurance policies, see "Insurance," 88 5, 6. 8 1. Obligation of contracts.
On dismissal of action, see "Dismissal and Non- Laws N. C. 1899, p. 175, c. 54, § 62, held not
suit," $ 1.

to impair the obligation of contracts by chan-
Precedent to action for breach of contract, see ging the person on whom process shall be serv-
"Contracts," $ 6.

ed in actions against foreign insurance compa-
Precedent to allowance of amendment to plead- nies.-Johnston v. Mutual Reserve Fund Life
ing, see "Pleading," § 4.

Ins. Co. (City Ct. N. Y.) 138.



Pleading by way of confession and avoidance, See “Trusts," $ 1.
see "Pleading," $ 2.


Violation of injunction, see “Injunction," $ 3.
Disclosure of communications, see "Witness-
es," $ 1.


Agreements within statute of frauds,
See "Usury," $ 1.

"Frauds, Statute of.”

Assignment, see "Assignments."
Construction of note, see "Bills and Notes,” $ 2. Impairing obligation, see "Constitutional Law,”

8 1.

Liquidated damages or penalties, see “Dam-

ages," $ 2.
See "Carriers," $ 2.

Novation, see "Novation."
Operation and effect of usury laws, see "Usu-

ry," $ 1.

Opinion evidence, in action on, see "Evidence,"

$ 6.
Of bill of exchange or promissory note, see Parol or extrinsic evidence, see "Evidence," $ 5.
"Bills and Notes," $ 1.

Specific performance, see "Specific Perform-
Of contract, see "Contracts," $ 1.


and 121 New York State Reporter Contracts of particular classes of parties. Contract held not so unreasonable as to be See "Corporations," $ 3; “Infants," § 1; "Mas: nonenforceable.-Ceballos v. Munson S. S. Line

ter and Servant"; "Municipal Corporations,” (Sup.) 811.
§ 3; "Partnership,” s 2; “Principal and $ 3. Modification and merger.
Agent," $ 2.

A party to a written contract, claiming modiContracts relating to particular subjects.

fication by a subsequent oral agreement, bas the See “Patents,” g 1; “Waters and Water Cours- burden of proof.- Manning v. Seaboard Paint es," $ 1.

Co. (Sup.) 232. Ground for mechanics' liens, see “Mechanics'

A subsequent coutract, superseding a prior Liens,” $ 1.

one, determines the enforceable rights of the Limitation of liability of carrier, see “Carriers," parties in the transaction governed by the con§ 2.

tracts.-Spier v. Hyde (Sup.) 285. Making bequest or devise, see "Wills," $ 1.

$ 4. Rescission and abandonment. Pool of corporate interests, see "Corporations," $ 5.

A person who has been defrauded owes Do Purchase of city bonds, see “Municipal Corpo- and taking prompt steps to rescind the contract

duty to exercise vigilance in discovering fraud rations," $ 8.

induced thereby.-Slayback v. Raymond (Sup.) Particular classes of express contracts.

931. See "Bailment"; "Bills and Notes" : "Chattel $ 5. Performance or breach.

Mortgages” ; “Covenants"; "Deeds" ; "Insur- A strike, occasioning delay in a subcontractance"; "Joint Adventures”; “Partnership"; or's work, held not "through no default” of bis, "Sales."

so that the contractor could finish the work at Agency, see “Principal and Agent."

the subcontractor's expense. -Miller v. Norcross Employment, see "Master and Servant."

(Sup.) 56. Leases, see “Landlord and Tenant."

Furnishing of architect's certificate of satis. Sale of realty, see "Vendor and Purchaser." factory completion of a contract held a compliParticular classes of implied contracts.

ance with the provisions of a subcontract, te

quiring the architect's approval.-Graves Ele See "Assumpsit, Action of": "Use and Occupa- vator Co. v. John H. Parker Co. (Sup.) 156. tion"; "Work and Labor."

Subcontractor held not entitled to recover as Particular modes of discharging contracts. extra work for work required as a part of the See "Accord and Satisfaction"; "Payment”; contract by the architect and contractor, though "Release.”

Rendered necessary by imperfections in the work

of the contractor.-Graves Elevator Co. . John § 1. Requisites and validity.

H. Parker Co. (Sup.) 156. An agreement held supported by a valuable

Where defendant refused to fulfill his conconsideration.-Smith v. Kissel (Sup.) 176.

tract to advertise in plaintiff's periodical, hdd Representations, inducing plaintiff to enter that plaintiff could thereafter recover only daminto a contract, held of fact, and, being false, ages.--Food Trade Pub. Co. v. Harnishfeger sufficient to avoid the contract.-Spier v. Hyde (Sup.) 421. (Sup.) 285.

§ 6.

Actions for breach. Contract for payment of debt of another held Building contractor held not entitled to a Foid founded on sufficient consideration.-Flagg v. payment under subcontract on the ground that Fisk (Sup.) 530.

the work had not been done in accordance with A person stating a material fact, without the contract. Graves Elevator Co. v. John H. knowledge whether it is true or false, held Parker Co. (Sup.) 156. guilty of fraud, though he had no actual knowledge that it was untrue.-- Prahar v. Tousey terials, amendinent of the complaint held prop

In an action on a contract for labor and ma(Sup.) 815.

erly allowed by a referee.-Graves Elerator ca Proposition and acceptance held sufficient to v. John H. Parker Co. (Sup.) 156. constitute a valid agreement without the execution of a formal contract.-Boysen v. Van held unnecessary, wbere promisor had wholly

Allegation of existence of condition precedent Dorn Iron Works (Sup.) 995.

repudiated contract.–Flagg v. Fisk (Sup.) 2 In view of conduct of parties, proposition

In an action for materials furnished and labor and acceptance held not to constitute a tract, in the absence of writing.-Boysen v. defendant, as to whether he had used water from

con- performed in constructing wells, question, asked Van Dorn Iron Works (Sup.) 995.

the wells, held properly excluded as previously $ 2. Construction and operation.

answered.-Dubois v. Williamson (Sup.) 645. Plaintiff held not entitled to an accounting for In an action for materials furnished and labor shares of stock in which he was not interested performed in constructing wells, defendant's under his contract with defendants.-Spier v. conclusions held inadmissible to disprove his er Hyde (Sup.) 285.

pression of satisfaction therewith.-Dubois r. Sufficient privity held to exist between cred. Williamson (Sup.) 645. itor and debtor to support creditor's action on In action for materials furnished and labor debtor's contract with third person to pay in- performed in constructing wells, defendant's tes debtedness.-Flagg v. Fisk (Sup.) 530.

timony held inadmissible to contradict plaintiff's

evidence as to how the wells worked.—Dubois v. borough, and not county, officers.-People v.
Williamson (Sup.) 615.

Scholer (Sup.) 1122.
Evidence held insufficient to sustain finding New York City Charter, Laws 1897, p. 541,
that contract was to continue as long as either c. 378, $ 1543, providing for the removal of
party shoul carry cattle to Cuba.-Ceballos clerks in departments of the municipality, has
1. Munson S. S. Line (Sup.) 811.

no application to clerks appointed by the coro-
In an action on a contract for services, evi- ner, under section 1571, p. 547, but applies only
dence held to make a prima facie case for plain to those in departments provided for in sec-
tiff.-Norton v. Farley (Sup.) 830.

tions 96, 118, pp. 30, 35, et seg.–People v.

Scholer (Sup.) 1122.
In an action on contract, fraud is an affirma-
tive defense, and must be proved.-Prahar v.
Tousey (Sup.) 845.

Defendant's answer held indefinite for fail-
ing to admit or deny the written contract as Arrangement for pool and sale of stock, see
pleaded by plaintiff.-Borsuk v. Blauner (Sup.) “Joint Adventures."

Joinder of causes under statute and at com-

mon law for misrepresentation of officers, see

"Action," & 1.

Motions relating to pleadings in action against
Of witness, see “Witnesses," $ 3.

corporate officers, see "Pleading," $ 6.

Taxation of corporations and corporate prop-

erty, see "Taxation," $ 1.
Vacation of attachment against foreign corpo-

ration because of attachment of property of
See “Negligence," $ 3.

domestic corporation of same name, see "At-
Of passenger, see "Carriers," $ 3.

tachment," $ 3.
Of person injured by electricity, see "Electric-

Particular classes of corporations.
of person injured by operation of street rail. See "Clubs”; “Municipal Corporations."

road, see "Street Railroads," $ 1.
Of person killed by fall from bridge, see “Bridg- Banks, see “Banks and Banking,” $ 1.
es," $ 1.

Insurance companies, see "Insurance."
Of person killed by operation of railroad, see
"Railroads," 2.

8 1. Capital, stock, and dividends.

Rescission of sale, made on false representa-

tions of committee of directors, authorized,

though the majority of the committee did not

krow of the falsity of the representations.-L.
Of partnership property, see "Partnership,” | D. Garrett Co. v. Olark (Sup.) 579; Same v.
$ 1.

Appleton, Id.
Wrongful conversion of personal property, see Purchaser of stock of corporation from com-
“Trover and Conversion."

mittee of directors on false representations held

entitled to recover from the stockholder to whom

money realized by the sale had been paid.-L. D.

Garrett Co. v. Clark (Sup.) 579; Same v. Ap-
In trust, see “Trusts," s 1.

pleton, Id.
Conveyances by or to particular classes of $ 2: Members and stockholders.

Stockholders of corporation held not entitled
See "Executors and Administrators,” $ 4; “Mu-est of the corporation against promoters for

to maintain action for accounting in the inter-
nicipal Corporations," $ 2.

appropriation of stock, predicated on the con-
Bankrupt, see "Bankruptcy," $ 1.

tract with promoters of which plaintiffs were
Conveyances of particular species of property.

not signers.-Hutchinson v. Simpson (Sup.) 369.
See "Easements," $ 1.

Plaintiff held entitled to injunction restraining
Water rights, see "Waters and Water Cours-defendant from voting stock in corporation
and 121 New York State Reporter A corporation, recognizing the validity of a seding an old one, did not fully disclose facts. lease executed by its principal officer in his own --Spier v. Hyde (Sup.) 285. name under seal, by collecting the rent from the tenant, ratified the lease made by its officer. iuto a contract for pool and sale of stock, to be

pending litigation of their claims thereto.-Har-
es," § 1.

per v. Smith (Sup.) 516.
Particular classes of conveyances.
See “Assignments"; "Deeds”; “Mortgages."

§ 3. Corporate powers and liabilities.

A railroad company, transferring registered

bonds under a forged authority, held liable to

the holder thereof. - Jennie Clarkson Home for
Children v. Chesapeake & 0. Ry. Co. (Sup.)

Under Const. 1846, art. 10, § 1, as amended
by Const. 1894, and New York City Charter, A treasurer of a corporation held not author-
Laws 1897, pp. 547, 555, c. 378, 88 1570, 1608, ized to change the registration and sell certain
which superseded Consolidation Act, Laws 1882, of its bonds without special authority.-Jennie
p. 429, c. 410, § 1766, held, that coroners elected Clarkson Home for Children v. Chesapeake &
in the city and county of New York are now 10. Ry. Co. (Sup.) 348.

Where plaintiff and defendants had entered --Anderson v. Connor (Sup.) 449,

carried out by defendants, held, that they were A corporation is chargeable with the acts and bound to disclose material facts to plaintiff, on admissions of its president as a general agent. entering into a new contract with him read-Rapp v. Hutchinson Stair Elevator Co. (Sup.) justing his compensation.-Spier v. Hyde (Sup. 459.

285. Personal dealings between third person and Contract for pool of interests in corporation agent held not to affect principal's liability to and formation of new company, and providing such third person for funds deposited with it for basis of plaintiff's compensation, construed. for investment through the agent.-Ring v. Long -Spier v. Hyde (Sup.) 285. Island Real Estate Exch. & Inv. Co. (Sup.) 682.

Contract between holders of bonds of insol. Facts held insufficient to show that investor vent railway company held not to contain indealt with secretary of investment company per- plied agreement that plan of reorganization sonally, and not in his official capacity as sec- should be filed before sale of the company's retary.-Ring v. Long Island Real Estate Exch. property under a mortgage securing the bonds. & Inv. Co. (Sup.) 682.

-Industrial & General Trust v. Tod (Sup.) 697. Investment company held estopped to deny re- Under contract, bondholder held to have girception of money given to its secretary and gen- en approval to plan of reorganization of com. eral manager for investment.-Ring v. Long Is- pany issuing the bonds, by failure to withland Real Estate Exch. & Inv. Co. (Sup.) 682. draw the bonds.-Industrial & General Trust Investment company, which received money

v. Tod (Sup.) 687. from an investor, could not discharge itself of

Bondholder held not damaged by the breach its obligation to invest or return the same by of contract, if any, of a committee in not filshowing that investor was given by company's ing plan of reorganization of insolvent railway officer a forged mortgage.-Ring v. Long Island company þefore foreclosure sale under mort. Real Estate Exch. & Inv. Co. (Sup.) 682. gage securing the bonds.-Industrial & General

Trust v. Tod (Sup.) 687. A statement by secretary of investment company to investor held an assurance that the $ 6. Dissolution and forfeiture of fran. company was about to take a mortgage on cer

chise, tain premises, and instead transferred it to Attorney, who showed on appeal that corporapla intiff, so that it was liable, where the mort- tion appellant, which he represented, was disgage turned out to be a forgery.-Ring v. Long solved, held to be without authority to repre İsland Real Estate Exch. & Inv. Co. (Sup.) 682. sent corporation.- Austen v. Columbia Lubri

cants Co. (Sup.) 497. Where an investment company received money, it could not contend, as against the investor,

Municipal Court Act, Laws 1902, p. 1578 € that the investment contemplated was ultra 580, $ 311, providing that appellant's attorney's vires.-Ring v. Long Island Real Estate Exch. authority cannot be questioned in certain cases, & Inv. Co. (Sup.) 682.

held inapplicable to a case where attorney shors Under Stock Corporation Law, Laws 1892, v. Columbia Lubricants Co. (Sup.) 497.

that he represents defunct corporation. -Austen p. 1825, c. 688, $ 2, requiring the giving of a mortgage to be with the consent of the stock- Attack of default judgment against defupet holders owning two-thirds of the stock, stock corporation must be by one having interest in absorbed by the corporation at the time of the matter, and cannot be by corporation.-dustes granting of the consent is not included in mak- v. Columbia Lubricants Co. (Sup.) 497. ing the calculation.-Swan v. Stiles (Sup.) 1089.8 7. Foreign corporations. The receiver of an insolvent corporation can

Under Code Civ. Proc. $ 1780, courts held to not regain the property of the corporation from have no jurisdiction over action by nonresident a purchaser at foreclosure sale, unless he re- | against foreign corporation for injunctis stores to the purchaser what he paid for the against yoting certain stock.-Harper v. Smith property, where the purchase was for value and (Sup.) 516. from a holder in good faith.-Swan v. Stiles Foreign corporation held not doing business (Sup.) 1089.

in state, within Laws 1892, p. 1803, c. 687, as

amended by Laws 1901, p. 1326. c. 538 pre § 4. Insolvency and receivers.

scribing the conditions on which foreign corProof of execution of mortgage by insolvent porations may do business in the state.-Pear corporation with intent of giving a preference Collieries Co. v. McKeever (Sup.) 869. held insufficient, in action by receiver to require purchaser at foreclosure to account under Stock Corporation Law, Laws 1892, p. 1838, c.

CORRECTION. 688, 8 48.-Swan v. Stiles (Sup.) 1089.

Of assessment of taxes, see “Taxation," { ? § 5. Reincorporation and reorganization.

CORROBORATION. Evidence held to show that defendants, on entering into a new contract with plaintiff, super-'Of accomplices, see "Criminal Law," $3.

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