CHECKS. and 121 New York State Reporter COLOR OF TITLE. See "Banks and Banking," § 2; "Bills and To sustain adverse possession, see "Adverse Against estate of decedent, see "Executors and See "Factors." Mandamus to compel audit of claim against CLUBS. Under club by-laws, held, that membership of delinquent did not terminate ipso facto, and without action by club.-Westchester Golf Club Co. v. Pinkney (Sup.) 153. COMMISSIONS. Of agent, see "Principal and Agent," § 1. Of executor or administrator, see "Executors 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. Pinkney (Sup.) 153. COLLATERAL AGREEMENT. Parol evidence, see "Evidence," § 5. COMMON COUNTS. See "Assumpsit, Action of." COMMON LAW. Common-law marriages, see "Marriage." COLLATERAL INHERITANCE TAXES. Common-law nuisance, see "Nuisance," § 2 See "Taxation," § 4. COLLATERAL SECURITY. See "Pledges." COLLECTION. COMPENSATION. For property taken for public use, see “Ennent Domain," § 2. For publication of notices in newspaper, see For services, see "Master and Servant." § 2 Of estate of decedent, see "Executors and Ad- Of broker. see "Brokers," § 2. COLLEGES AND UNIVERSITIES. Taxation, see "Taxation," § 1. Of city officer or employé, see "Municipal Cor porations," § 1. Of executor or administrator, see "Executors and Administrators," § 9. Of sheriff or constable, see "Sheriffs and Con stables," § 1. Arrest of judgment, see "Criminal Law," § 5. Former jeopardy, see "Criminal Law," § 2. § 1. Criminal responsibility. An indictment for conspiracy held not de- CONSTITUTIONAL LAW. Provisions relating to particular subjects. § 1. Obligation of contracts. Laws N. C. 1899, p. 175, c. 54, § 62, held not CONSTRUCTIVE TRUSTS. Pleading by way of confession and avoidance, See "Trusts," § 1. CONFIDENTIAL RELATIONS. Disclosure of communications, see "Witness- CONFLICT OF LAWS. See "Usury," § 1. CONTEMPT. Violation of injunction, see "Injunction," § 3. CONTRACTS. Agreements within statute of frauds, see Assignment, see "Assignments." Construction of note, see "Bills and Notes," § 2. Impairing obligation, see "Constitutional Law," CONNECTING CARRIERS. See "Carriers," § 2. CONSIDERATION. § 1. Liquidated damages or penalties, see "Dam- Novation, see "Novation." Operation and effect of usury laws, see "Usu- Opinion evidence, in action on, see "Evidence," Of bill of exchange or promissory note, see Parol or extrinsic evidence, see "Evidence," § 5. Of contract, see "Contracts," § 1. Specific performance. see "Specific Perform- 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," § 2; "Principal and Agent," § 2. Contracts relating to particular subjects. See "Patents," § 1; "Waters and Water Courses," § 1. Ground for mechanics' liens, see "Mechanics' Liens," § 1. Limitation of liability of carrier, see "Carriers," § 2. Making bequest or devise, see "Wills," § 1. Pool of corporate interests, see "Corporations," $ 5. Purchase of city bonds, see "Municipal Corporations," § 8. Particular classes of express contracts. See "Bailment"; "Bills and Notes"; "Chattel Mortgages"; "Covenants"; "Deeds"; "Insurance"; "Joint Adventures"; "Partnership"; "Sales." Agency, see "Principal and Agent." Particular classes of implied contracts. See "Assumpsit, Action of": "Use and Occupation"; "Work and Labor." Particular modes of discharging contracts. See "Accord and Satisfaction"; "Payment"; "Release." § 1. Requisites and validity. An agreement held supported by a valuable consideration.-Smith v. Kissel (Sup.) 176. Representations, inducing plaintiff to enter into a contract, held of fact, and, being false, sufficient to avoid the contract.-Spier v. Hyde (Sup.) 285. Contract for payment of debt of another held founded on sufficient consideration.-Flagg v. Fisk (Sup.) 530. A person stating a material fact, without knowledge whether it is true or false, held guilty of fraud, though he had no actual knowledge that it was untrue.-Prahar v. Tousey (Sup.) 845. Proposition and acceptance held sufficient to constitute a valid agreement without the execution of a formal contract.-Boysen v. Van Dorn Iron Works (Sup.) 995. In view of conduct of parties, proposition and acceptance held not to constitute a contract, in the absence of writing.-Boysen v. Van Dorn Iron Works (Sup.) 995. § 2. Construction and operation. Plaintiff held not entitled to an accounting for shares of stock in which he was not interested under his contract with defendants.-Spier v. Hyde (Sup.) 285. Sufficient privity held to exist between cred. itor and debtor to support creditor's action on debtor's contract with third person to pay indebtedness.-Flagg v. Fisk (Sup.) 530. § 3. Modification and merger. A party to a written contract, claiming modification by a subsequent oral agreement, has the Co. (Sup.) 232. burden of proof.-Manning v. Seaboard Paint A subsequent contract, superseding a prior one, determines the enforceable rights of the parties in the transaction governed by the contracts. Spier v. Hyde (Sup.) 285. § 4. Rescission and abandonment. A person who has been defrauded owes no duty to exercise vigilance in discovering fraud and taking prompt steps to rescind the contract induced thereby.-Slayback v. Raymond (Sup.) 931. § 5. Performance or breach. A strike, occasioning delay in a subcontractor's work, held not "through no default" of his. so that the contractor could finish the work at the subcontractor's expense.-Miller v. Norcross (Sup.) 56. Furnishing of architect's certificate of satisfactory completion of a contract held a compliance with the provisions of a subcontract, re quiring the architect's approval.-Graves Elevator Co. v. John H. Parker Co. (Sup.) 156. Subcontractor held not entitled to recover as extra work for work required as a part of the contract by the architect and contractor, though rendered necessary by imperfections in the work of the contractor.-Graves Elevator Co. v. John H. Parker Co. (Sup.) 156. Where defendant refused to fulfill his contract to advertise in plaintiff's periodical, held that plaintiff could thereafter recover only damages.-Food Trade Pub. Co. v. Harnishfeger (Sup.) 421. § 6. Actions for breach. Building contractor held not entitled to avoid payment under subcontract on the ground that the work had not been done in accordance with the contract.-Graves Elevator Co. v. John H. Parker Co. (Sup.) 156. In an action on a contract for labor and materials, amendment of the complaint held properly allowed by a referee.-Graves Elevator Co. v. John H. Parker Co. (Sup.) 156. Allegation of existence of condition precedert held unnecessary, where promisor had whels repudiated contract.-Flagg v. Fisk (Sup.) 39!. In an action for materials furnished and labor performed in constructing wells, question, asked defendant, as to whether he had used water from the wells, held properly excluded as previously answered.-Dubois v. Williamson (Sup.) 645. In an action for materials furnished and labor performed in constructing wells, defendant's conclusions held inadmissible to disprove his expression of satisfaction therewith.-Dubois v. Williamson (Sup.) 645. In action for materials furnished and labor performed in constructing wells, defendant's testimony held inadmissible to contradict plaintiff's evidence as to how the wells worked.-Dubois v. | borough, and not county, officers.-People v. Evidence held insufficient to sustain finding In an action on a contract for services, evi- In an action on contract, fraud is an affirma- Defendant's answer held indefinite for fail- CONTRADICTION. Of witness, see "Witnesses," § 3. CONTRIBUTORY NEGLIGENCE. See "Negligence," § 3. Of passenger, see "Carriers." § 3. Of person injured by electricity, see "Electric- New York City Charter, Laws 1897, p. 541, CORPORATIONS. Arrangement for pool and sale of stock, see Joinder of causes under statute and at com- Motions relating to pleadings in action against Taxation of corporations and corporate prop- Vacation of attachment against foreign corpo- Of person injured by operation of street rail-See Of person killed by fall from bridge, see "Bridg- Of person killed by operation of railroad, see parties. Particular classes of corporations. § 1. Capital, stock, and dividends. Rescission of sale, made on false representa- Purchaser of stock of corporation from com- § 2. Members and stockholders. See "Executors and Administrators," § 4; "Mu-est of the corporation against promoters for Bankrupt, see "Bankruptcy," § 1. Conveyances of particular species of property. Water rights, see "Waters and Water Cours- Particular classes of conveyances. CORONERS. Under Const. 1846, art. 10, § 1, as amended appropriation of stock, predicated on the con- Plaintiff held entitled to injunction restraining 3. Corporate powers and liabilities. A treasurer of a corporation held not author- 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. -Anderson v. Connor (Sup.) 449. into a contract for pool and sale of stock, to be Where plaintiff and defendants had entered carried out by defendants, held, that they were bound to disclose material facts to plaintiff, on entering into a new contract with him readjusting his compensation.-Spier v. Hyde (Sup.) 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. Facts held insufficient to show that investor dealt with secretary of investment company personally, and not in his official capacity as secretary.-Ring v. Long Island Real Estate Exch. & Inv. Co. (Sup.) 682. Investment company held estopped to deny reception of money given to its secretary and general manager for investment.-Ring v. Long Island Real Estate Exch, & Inv. Co. (Sup.) 682. Investment company, which received money from an investor, could not discharge itself of its obligation to invest or return the same by showing that investor was given by company's officer a forged mortgage.-Ring v. Long Island Real Estate Exch. & Inv. Co. (Sup.) 682. A statement by secretary of investment company to investor held an assurance that the company was about to take a mortgage on certain premises, and instead transferred it to plaintiff, so that it was liable, where the mortgage turned out to be a forgery.-Ring v. Long Island Real Estate Exch. & Inv. Co. (Sup.) 682. Where an investment company received money, it could not contend, as against the investor, that the investment contemplated was ultra vires.-Ring v. Long Island Real Estate Exch. & Inv. Co. (Sup.) 682. Under Stock Corporation Law, Laws 1892, p. 1825, c. 688, § 2, requiring the giving of a mortgage to be with the consent of the stockholders owning two-thirds of the stock, stock absorbed by the corporation at the time of the granting of the consent is not included in making the calculation.-Swan v. Stiles (Sup.) 1089. The receiver of an insolvent corporation cannot regain the property of the corporation from a purchaser at foreclosure sale, unless he restores to the purchaser what he paid for the property, where the purchase was for value and from a holder in good faith.-Swan v. Stiles (Sup.) 1089. § 4. Insolvency and receivers. Proof of execution of mortgage by insolvent corporation with intent of giving a preference held insufficient, in action by receiver to require purchaser at foreclosure to account under Stock Corporation Law, Laws 1892, p. 1838, c. 688, § 48.-Swan v. Stiles (Sup.) 1089. § 5. Reincorporation and reorganiza tion. Contract between holders of bonds of insolvent railway company held not to contain inplied agreement that plan of reorganization should be filed before sale of the company's property under a mortgage securing the bonds. -Industrial & General Trust v. Tod (Sup.) 657. Under contract, bondholder held to have given approval to plan of reorganization of company issuing the bonds, by failure to withdraw the bonds.-Industrial & General Trust v. Tod (Sup.) 687. Bondholder held not damaged by the breach of contract, if any, of a committee in not f ing plan of reorganization of insolvent railway company before foreclosure sale under mongage securing the bonds.-Industrial & General Trust v. Tod (Sup.) 687. § 6. Dissolution and forfeiture of franchise. Attorney, who showed on appeal that corporation appellant, which he represented, was dis solved, held to be without authority to represent corporation.-Austen v. Columbia Lubri cants Co. (Sup.) 497. Municipal Court Act, Laws 1902, p. 1578. c. 580, $311, providing that appellant's attorney's authority cannot be questioned in certain cases, held inapplicable to a case where attorney shows v. Columbia Lubricants Co. (Sup.) 497. that he represents defunct corporation.-Austen Attack of default judgment against defunct corporation must be by one having interest in matter, and cannot be by corporation.-Austen v. Columbia Lubricants Co. (Sup.) 497. § 7. Foreign corporations. Under Code Civ. Proc. § 1780, courts held to have no jurisdiction over action by nonresident against foreign corporation for injunction against voting certain stock.-Harper v. Smith (Sup.) 516. Foreign corporation held not doing business in state, within Laws 1892, p. 1805, c. 687. as amended by Laws 1901, p. 1326. c. 538. pre scribing the conditions on which foreign cer porations may do business in the state.-Peac Collieries Co. v. McKeever (Sup.) 869. CORRECTION. Of assessment of taxes, see "Taxation," § 2 CORROBORATION. Evidence held to show that defendants, on entering into a new contract with plaintiff, super- Of accomplices, see "Criminal Law," § 3. |