INDEX. FORMS OF ACTION. FRAUDS, STATUTE OF. See "Assumpsit, Action of"; "Replevin"; "Tres- § 1. Real property and estates and in- See "Fraudulent Conveyances." Bill of particulars, see "Pleading," § 5. Evidence of similar facts and transactions, see By particular classes of persons. In particular classes of conveyances, contracts, See "Contracts," § 1; "Insurance," § 5. Particular remedies. See "Equity," § 1. In an action for fraud, actual damages need A grantee is not estopped to sue for dam- Vendee of premises held not put on inquiry terests therein. Oral agreement of children of testator to give § 2. Pleading, evidence, trial, and re- That the statute of frauds may be availed Charitable gifts, see "Charities." 1. Inter vivos. Evidence held to show a gift inter vivos.-In Where children of testator agreed to give all Where children of testator agreed to give all § 2. Causa mortis. and 121 New York State Reporter Facts held to show a gift causa mortis.-Mahon v. Dime Sav. Bank (Sup.) 258. On an issue as to whether a certain bank book had been included among a number of bank books which were the subject of a gift causa mortis, evidence considered, and held sufficient to show that such was the case.-Mahon v. Dime Sav. Bank (Sup.) 258. GOOD FAITH. Of purchaser, see "Bills and Notes," § 3. GRAND JURY. See "Indictment and Information." Extent of examination of witness before grand jury defined.-In re Morse (Gen. Sess.) 721. Person accused of crime may be allowed to testify before grand jury.-In re Morse (Gen. Sess.) 721. After indictment found and returned, grand jury cannot examine further in the matter.In re Morse (Gen. Sess.) 721. Refusal of witness to testify before grand. jury, on the ground that his evidence may convict him of the crime, held not guilty of contempt.-In re Morse (Gen. Sess.) 721. Grand jury can inquire as to a crime committed within the county only on complaint or knowledge that such crime has been committed. -In re Morse (Gen. Sess.) 721. HABEAS CORPUS. § 1. Jurisdiction, proceedings, and relief. p. 351, c. 192, relating to the construction of flooring in city buildings, is whether the flooring is to be constructed of fireproof material and not whether the floor beams are wooden or iron.-Holzman v. Katzman (Sup.) 478. HEARING. In probate proceedings, see "Wills," § 3. HEIRS. See "Descent and Distribution." HIGHWAYS. See "Bridges"; "Municipal Corporations," § 6. Accidents at railroad crossings, see "Railroads," § 2. § 1. Establishment, alteration, and discontinuance. County court, in proceedings to lay out highway, held to have authority, under Code Civ. to petitioner on confirming commissioners' reProc. $ 3240, to allow costs and disbursements port, notwithstanding Highway Law, Laws 1890, pp. 1195, 1205, c. 568, §§ 92, 93, 152.In re Peterson (Sup.) 1014. Commissioners appointed to lay out a highway cannot materially depart from the route stated in the petition.-In re King (Co. Ctj 236. out a highway set aside.-In re King (Co. Ct.) Report of commissioners appointed to lay 236. HOLDING OVER. By tenant, see "Landlord and Tenant." § 3. HOLOGRAPHIC WILLS. Where there is no traverse to a return to a writ of habeas corpus, such return must be accepted as true.-People v. New York Catho- See "Wills," § 2. lic Protectory (Sup.) 557. Habeas corpus being a writ of right, the only question brought up is the fact of commitment. People v. New York Catholic Protectory (Sup.) 557. Where petition for habeas corpus alleged an agreement for detention, and return, which was not traversed, alleged a commitment, relator should have been remanded.-People v. New York Catholic Protectory (Sup.) 557. Regulations and offenses. The test as to the application of Laws 1897, HOMICIDE. § 1. Indictment and information. An indictment for manslaughter caused by negligence held to sufficiently allege that de cedent's death was the result of defendant's negligent act.-People v. Murphy (Sup.) 786. An indictment for manslaughter as the result of negligence held to sufficiently allege the date of decedent's death.-People v. Murphy (Sup) 786. HUSBAND AND WIFE. See "Divorce"; "Marriage." § 1. Actions. A married woman, living with her husband, can recover in an action for personal injury only for the pain and suffering.-Kimmel v. Interurban St. Ry. Co. (Sup.) 466. ILLEGITIMATE CHILDREN. p. 468, c. 415, § 20, as amended by Laws 1899, See "Bastards." INDEX. IMPAIRING OBLIGATION OF CON- TRACT. See "Constitutional Law," § 1. IMPEACHMENT. Of witness, see "Witnesses," § 3. IMPLIED CONTRACTS. See "Assumpsit, Action of"; "Use and Occu- See "Descent and Distribution." For particular offenses. INHERITANCE TAX. Permanent injunction and other Court held to have power, after suspension of See "Conspiracy," § 1; "Homicide," § 1; "Per-versville (Sup.) 602. 1. Motion to quash or dismiss, and An objection to an indictment for conspiracy § 3. Violation and punishment. One held improperly adjudged guilty of con- 8 4. Liabilities on bonds or undertak- Where, in injunction suit, defendants have Where plaintiff voluntarily discontinues suit, INNKEEPERS. Restaurant keepers are liable for negligence and 121 New York State Reporter (Sup.) 5. Whether spilling a glass of water on a guest | Jefferson County Patrons' Fire Relief Ass'n by a waiter in a crowded restaurant is negligence depends on the circumstances of the case. -Block v. Sherry (Sup.) 160. INSOLVENCY. See "Bankruptcy." Of corporation, see "Corporations," § 4. INSPECTION. By employer, see "Master and Servant," § 4. INSTRUCTIONS. In civil actions, see "Trial," § 6. Where a married woman was appointed agent of a life insurance company, but her husband acted for her with the knowledge of the officers of the company, he had the authority of a general agent.-Peck v. Washington Life Ins. Co. (Sup.) 210. Broker's contract to furnish insurance held not terminated by dissolution of combination of insurance companies mentioned therein.-Tanenbaum v. Josephi (Sup.) 839. Insurance broker's contract to furnish insurance held rescinded.-Tanenbaum v. Josephi (Sup.) 839. § 3. The contract in general. Where a director of a mutual insurance association had agreed that plaintiff should be in In criminal prosecutions, see "Criminal Law." sured pending action on his application, and he § 4. INSURANCE. Attachment of funds of insurance company, see "Attachment," § 1. Effect of receivership on lien acquired by beneficiary, see "Receivers," § 2. Laws relating to change of persons on whom process shall be served in actions against foreign insurance companies as impairing obligation of contract, see "Constitutional Law," § 1. Production of books showing amounts paid employés in action for indemnity insurance, see "Discovery," § 1. Transfer of policies by bankrupt as unlawful preference, see "Bankruptcy," § 2. suffered loss during such time, defendant could not escape liability by subsequently rejecting such application.-Loomis v. Jefferson County Patrons' Fire Relief Ass'n (Sup.) 5. A failure to indorse a mutual fire policy to the mortgagee of the property as his interest may appear, under one of insurer's by-laws, held not to relieve insurer from liability on the policy.-Loomis v. Jefferson County Patrons' Fire Relief Ass'n (Sup.) 5. Description of location of goods held sufficient to entitle plaintiff to recover in action on fire insurance policy.-Edwards v. Fireman's Ins Co. (Sup.) 507. injunction, no longer existed at time of trial, Where plaintiff's interest, entitling him to an dismissal of complaint was proper.-Odell v. Bretney (Sup.) 655. § 4. Assignment or other transfer of policy. An assignment of a life policy, acknowledged and under seal, held to require proof by one disputing it that it was not for a valid consideration.-Von Schuckmann v. Heinrich (Sup.) 673. § 1. Control and regulation in general. Laws N. C. 1899, p. 175, c. 54, § 62, held to authorize service of process on the insurance commissioner in an action against a foreign insurance company on a policy issued before the statute was passed.-Johnston v. Mutual Reserve Fund Life Ins. Co. (City Ct. N. Y.) 438. A foreign insurance company held still doing business in the state, so that jurisdiction could 5. Avoidance of policy for misreprebe acquired by service on an agent.-Johnston v. Mutual Reserve Fund Life Ins. Co. (City Ct. N. Y.) 438. Where a foreign insurance company, pursuant to Laws N. Č. 1899, p. 175, c. 54, § 62, appointed the insurance commissioner to receive process in actions against it, held, it could not revoke the appointment.-Johnston v. Mutual Reserve Fund Life Ins. Co. (City Ct. N. Y.) 438. Act N. C. June 1, 1899 (Laws 1899, p. 197, c. 62), prohibiting every insurance company transacting business, unless it became a corporation of the state, held not to affect prior policies and the remedy thereon.-Johnston v. Mutual Reserve Fund Life Ins. Co. (City Ct. N. Y.) 438. § 2. Insurance agents and brokers. Under by-laws of a mutual fire insurance association, one of its directors held authorized to make an oral contract to insure a member, pending action on his application.-Loomis v. sentation, fraud, or breach of warranty or condition. In an action on a life insurance policy, facts held not to show that insured knew when be made the application that a sore on his tongue was a cancer.-Peck v. Washington Life Ins. Co. (Sup.) 210. Accident insurance policy, containing warranty that assured was married, held forfeited, and beneficiary could not recover thereon after Gaines v. Fidelity & Casualty Co. of New assured's death; he having had no wife.York (Sup.) 821. INDEX. complete force and effect to the policy on the Continuing insurance, in force at the time of Where the insured in a fire policy could not 7. Estoppel, waiver, or agreements Mutual insurance association held estopped to The general agent of a life insurance com- An insurance company held to have waived § 8. Risks and causes of loss. The rupture of a blood vessel, caused by § 9. Extent of loss and liability of in- surer. Burglary insurance policy construed, and held § 10. Adjustment of loss. The resignation of an appraiser appointed of Appraisal of loss on fire policy by umpire An action may be maintained to set aside 11. Right to proceeds. The administrator of insured held entitled to 12. Actions on policies. In an action on a life policy, the burden was of insured at the time of the application was a Whether insured in a life policy used liquor Finding that insured in a life policy did not The provision, in a policy of fire insurance, The question whether a firm was the agent In an action on a policy procured by a do- Where, in an action on a life policy by the In an action on an insurance policy, on the Where neither the statute, constitution, nor Designation of beneficiary of death benefit |