Imágenes de páginas

and 121 New York State Reporter

See "Banks and Banking," $ 2; "Bills and to sustain adverse possession, see "Adverse

Payment by check, see “Payment,” $ 1.


See "Conspiracy”; “Monopolies,” į 1.
See “Bastards”; “Infants."


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


See "Municipal Corporations."

To take testimony, see "Depositions."

See "Aliens."

Highway commissioners, see "Highways," $ 1.

In proceedings relating to public improvements

by municipalities, see “Municipal Corpora-
See “Replevin."

tions," $ 4.

Against estate of decedent, see "Executors and | See "Factors."

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

town, see "Mandamus," 1.

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

Of broker, see “Brokers," $ 2.

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

Land Administrators," $ 9.
delinquent did not terminate ipso facto, and
without action by club.-Westchester Golf Club

Co. v. Pinkney (Sup.) 153.

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. Pinboey

(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,” g 4.


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.

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,” g 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 Con-
Taxation, see "Taxation," 1.

stables," $ 1.



Of deed, see "Deeds," 8 1.

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

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


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


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

Combinations to monopolize trade, see Mo-
of claims against decedent's estate, see “Exec-

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

Demurrer to indictment, see “Indictment and

Information," $ 1.

Former jeopardy, see "Criminal Law," 8 2.

Necessity of objection to indictment for purpose

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

8 1Criminal responsibility.
tions," $ 2.

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-

taining money by false pretenses.-People v.
Of witness, see "Evidence,” $ 6.

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. 1 8 1. Obligation of contracts.
On dismissal of action, see "Dismissal and Non-

I 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
See “Usury," & 1.

"Frauds, Statute of.”

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


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. I Contract held not so upreasonable 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,” $ 2; "Principal and

$ 3. Modification and merger.
Agent," $ 2.

A party to a written contract, claiming modi-
Contracts relating to particular subjects. fication by a subsequent oral agreement, has the
See "Patents," & 1; "Waters and Water Cours-

burden of proof.- Manning v. Seaboard Paint

Co. (Sup.) 232.
es," $ 1.
Ground for mechanics' liens, see "Mechanics'' A subsequent coutract, superseding & 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,"

A person who has been defrauded owes no
$ 5.

duty to exercise vigilance in discovering fraad
Purchase of city bonds, see "Municipal Corpo

by bonus, see municipal Corpo , and taking prompt steps to rescind the contract
rations," $ 8.

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

See “Bailment”; “Bills and Notes" : "Chattel / $ 5. Performance or breach.

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

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 compli-
Particular 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

rendered necessary by imperfections in the work

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

H. Parker Co. (Sup.) 156.
An agreement held supported by a valuable! Where defendant refused to fulfill his con.
consideration. --Smith v. Kissel (Sup.) 176.

tract to advertise in plaintiff's periodical, held.
Representations, inducing plaintiff to enter that plaintiff could thereafter recover only dam-
into 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.

8 6. Actions for breach.
Contract for payment of debt of another held Building contractor held not entitled to avoid
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 knowl. In an action on a contract for labor and ma-
edge that it was untrue.-Prabar v. Tousey | terials, amendinent of the complaint held prop
(Sup.) 845.

erly allowed by a referee.-Graves Elevator Co.
Proposition and acceptance held sufficient to v. John H. Parker Co. (Sup.) 156.
constitute a valid agreement without the ex- Allegation of existence of condition precedent
ecution of a formal contract.-Boysen v. Van held unnecessary, where promisor had bolly
Dorn Iron Works (Sup.) 995.

repudiated contract.-Flagg v. Fisk (Sup.) 53!
In view of conduct of parties, proposition. In an action for materials furnished and laber
and acceptance held not to constitute a con- performed in constructing wells, question, asked
tract, in the absence of writing.–Boysen v. defendant, as to whether he had used water from
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 .
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 te
debtedness.-Flagg v. Fisk (Sup.) 530.

I timony held inadmissible to contradict plaintifs

evidence as to how the wells worked.-Dubois v. I borough, and not county, officers.--People v.
Williamson (Sup.) 645.

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 should carry cattle to Cuba.--Ceballos clerks in departments of the municipality, has
V. 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 seq.-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

§ 1. Capital, stock, and dividends.
"Railroads," $ 2.

Rescission of sale, made on false representa-

tions of committee of directors, authorized,

ough the majority of the committee did not

know of the falsity of the representations.-L.
Of partnership property, see “Partnership,” | D. Garrett Co. v. Clark (Sup.) 579: Same v.

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," $ 1.

pleton, Id.
Conveyances by or to particular classes of

8 2. Members and stockholders.

Stockholders of corporation held not entitled

to maintain action for accounting in the inter-
See “Executors and Administrators,” 8 4; “Mu-

est of the corporation against promoters for
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

defendant from
Water rights, see “Waters and Water Cours-

voting stock in corporation

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

per v. Smith (Sup.) 516.
Particular classes of conveyances.

$ 3. Corporate powers and liabilities.
See “Assignments"; "Deeds”; “Mortgages."

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, 1. 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, 8 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.


! 285.

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

Where plaintiff and defendants had entered
the tenant, ratified the lease made by its officer.

into a contract for pool and sale of stock, to be
-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.)

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 im-
dealt 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 Esch. property under a mortgage securing the bonds.
& Inv. Co. (Sup.) 682.

-Industrial & General Trust y. Tod (Sup.) 687.
Investment company held estopped to deny re- Under contract, bondholder held to have giv-
ception 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 with-
land Real Estate Exch. & Inv. Co. (Sup.) 682. draw the bonds.-Industrial & General Trust

v. Tod (Sup.) 687.
Investment company, which received money
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 fl-
showing that investor was given by company's

ing plan of reorganization of insolvent railway
officer a forged mortgage.-Ring v. Long Island

company before 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 com-
pany to investor held an assurance that the 8 6. Dissolution and forfeiture of fran.
company was about to take a mortgage on cer-1

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

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

Municipal Court Act, Laws 1902, p. 1578. c.
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 shows

that he represents defunct corporation.-Austea
Under Stock Corporation Law, Laws 1892, v. Columbia Lubricants Co. (Sup.) 497.
p. 1825, c. 688, § 2, requiring the giving of a
mortgage to be with the consent of the stock Attack of default judgment against defunct
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.) 1089.7. 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 injunctian
stores to the purchaser what he paid for the against voting 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. 1805, c. 687, as
$ 4. Insolvency and receivers.

amended by Laws 1901, p. 1326, c. 538. pre

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

688, 8 18.-Swan v. Stiles (Sup.) 1089.

Of assessment of taxes, see "Taxation,* 2
§ 5. Reincorporation and reorganiza-

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

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