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FORMS OF ACTION.
FRAUDS, STATUTE OF.
their share in his estate to their mother held
not to convey realty of an heir.-In re Sproule's
Estate (Sur.) 432.
8 2. Pleading, evidence, trial, and re-
That the statute of frauds may be availed
up a contract for all the property, it need not
By bankrupt, see "Bankruptcy," 2.
tions," 8 2.
Failure of executors to pay off a mortgage
on property conveyed by the testatrix to her
son for life, under the provisions of her will,
held not fraudulent as against creditors of the
son.- Marshall v. United States Trust Co.
ecutors and Administrators," $ 5.
8 1. Criminal responsibility.
In action for violation of Pen. Code, $ 351,
finding that defendant assisted pool-selling.-
See “Attachment”; “Execution."
Charitable gifts, see "Charities."
Transfer taxes, see “Taxation," $ 4.
Evidence nelu to show a gift inter vivos.-In
re Sproule's Estate (Sur.) 432.
Where children of testator agreed to give all
counted for by her representative.-In re
Sproule's Estate (Sur.) 432.
Where children of testator agreed to give all
subsequently delivered to her their shares in the
heirs.-In re Sproule's Estate (Sur.) 432.
and 121 New York State Reporter § 2. Causa mortis.
p. 351, c. 192, relating to the construction of Facts held to show a gift causa mortis.-Ma-Hooring in city buildings, is whether the floor hon v. Dime Sav. Bank (Sup.) 258.
ing is to be constructed of fireproof material, On an issue as to whether a certain bank and not whether the floor beams are wooden book had been included among a number of or iron.-Holzman v. Katzman (Sup.) 478. bank books which were the subject of a gift causa mortis, evidence considered, and held suf
HEARING. ficient to show_that such was the case.—Mahon v. Dime Sav. Bank (Sup.) 238.
In probate proceedings, see "Wills," $ 3.
HIGHWAYS. See "Indictment and Information."
See "Bridges"; "Municipal Corporations," $ 6. Extent of examination of witness before Accidents at railroad crossings, see "Rail
roads," $ 2. grand jury defined.-In re Morse (Gen. Sess.) 721.
§ 1. Establishment, alteration, and disPerson accused of crime may be allowed to
continuance, testify before grand jury.-In re Morse (Gen.
County court, in proceedings to lay out highSess.) 721.
way, held to have authority, under Code Cis.
Proc. $ 3240, to allow costs and disbursements After indictinent found and returned, grand to petitioner on confirming commissioners' re jury cannot examine further in the matter.- port, notwithstanding Highway Law, Laws In re Morse (Gen. Sess.) 721.
1890, pp. 1195, 1205, c. 568, &92, 93, 152.Refusal of witness to testify, before grand. In re Peterson (Sup.) 1014. jury, on the ground that his evidence may con
Commissioners appointed to lay out a highvict him of the crime, held not guilty of con
way cannot materially depart from the route tempt.-In re Morse (Gen. Sess.) 721.
stated in the petition.-In re King (Co. Ct.) Grand jury can inquire as to a crime com- 236. mitted within the county only on complaint or Report of commissioners appointed to lay knowledge that such crime has been committed. out a highway set aside.-In re King (Co. Ct) -In re Morse (Gen. Sess.) 721.
236. HABEAS CORPUS.
HOLDING OVER. § 1. Jurisdiction, proceedings, and re
By tenant, see "Landlord and Tenant," $ 3. lief. Where there is no traverse to a return to a
HOLOGRAPHIC WILLS. 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
HOMICIDE. question brought up is the fact of commitment.
People v. New York Catholic Protectory 8 1. Indictment and information. (Sup.) 557.
An indictment for manslaughter caused by Where petition for habeas corpus alleged an negligence held to sufficiently allege that de agreement for detention, and return, which was cedent's death was the result of defendant's not traversed, alleged 'a commitment, relator negligent act.-People v. Murphy (Sup.) 786. should have been remanded.-People v. New An indictment for manslaughter as the result York Catholic Protectory (Sup.) 557.
of negligence held to sufficiently allege the date
of decedent's death.-People v. Murphy (Sup HACKS.
HUSBAND AND WIFE.
See "Divorce"; "Marriage."
8 1. Actions.
A married woman, living with her husband, In civil actions, see "Appeal," $ 5.
can recover in an action for personal injury
only for the pain and suffering.-Kimmel F. InHEALTH.
terurban St. Ry. Co. (Sup.) 466. § 1. Regulations and offenses.
ILLEGITIMATE CHILDREN. The test as to the application of Laws 1897, p. 468, c. 415, $ 20, as amended by Laws 1899, 'See "Bastards."
IMPAIRING OBLIGATION OF CON-
§ 2. Actions.
In an action by an infant for injury, there
See “Taxation," $ 4.
Consolidation of action for damages and in-
junction and action for damages alone, see
'Action," $ 1.
Costs on dismissal, see “Costs," $ 1.
Restraining particular acts or proceedings.
Use of street for hack stand, see “Municipal
Corporations,” § 6.
Voting corporate stock, see “Corporations," $8
8 1. Preliminary and interlocutory in-
Defendants held entitled to counsel fees on
voluntary discontinuance of injunction.-Mc-
Gown v. Barnum (Sup.) 605.
Services of counsel for defendant held to be on
account of injunction, entitling him to an order
of reference to ascertain his damages.-Perlman
v. Bernstein (Sup.) 862.
Court held to have power, after suspension of
injunction for one year, to grant a further ex-
versville (Sup.) 602.
§ 3. Violation and punishment.
tempt for violating an injunction against dis-
unsuccessfully moved to vacate the injunction,
they are not barred, on subsequent discontinu-
ance, from seeking damages.-McGown v. Bar-
num (Sup.) 605.
Where plaintiff voluntarily discontinues suit,
held, a reference should be had to determine
damages for injunction obtained.—McGown v.
Barnum (Sup.) 605.
Infancy of payees of note held not to affect Restaurant keepers are liable for negligence
Sherry (Sup.) 160.
and 121 New York State Reporter Whether spilling a glass of water on a guest Jefferson County Patrons' Fire Relief Ass's by a waiter in a crowded restaurant is negli- (Sup.) 5. gence depends on the circumstances of the case.
Where a married woman was appointed ageut -Block v. Sherry (Sup.) 160.
of a life insurance company, but her husband
acted for her with the knowledge of the officers INSOLVENCY.
of the company, he had the authority of a get
eral agent.-Peck v. Washington Life Ins. Co. See "Bankruptcy.."
(Sup.) 210. Of corporation, see “Corporations," I £
Broker's contract to furnish insurance held
not terminated by dissolution of combination of INSPECTION.
insurance companies mentioned therein.-Tan
enbaum v. Josephi (Sup.) 839. By employer, see "Master and Servant," & 4. Insurance broker's contract to furnish insurOf writings, see “Discovery," $ 1.
ance held rescinded.—Tanenbaum v. Josephi
(Sup.) 839. INSTRUCTIONS.
§ 3. The contract in general.
Where a director of a mutual insurance assoIn civil actions, see "Trial," 8 6.
ciation had agreed that plaintiff should be inIn criminal prosecutions, see “Criminal Law." sured pending action on his application, and he
suffered loss during such time, defendant could
not escape liability by subsequently rejecting INSURANCE.
such application.Loomis . Jefferson County
Patrons' Fire Relief Ass'n (Sup.) 5. Attachment of funds of insurance company, see "Attachment," $ 1.
A failure to indorse a mutual fire policy to Effect of receivership on lien acquired by ben- the mortgagee of the property as his interest eficiary, see "Receivers," $ 2.
may appear, under one of insurer's by-laws, held Laws relating to change of persons on whom not to relieve insurer from liability on the pol
process shall be served in actions against for-icy:- Loomis : Jefferson County Patrons' Fire eign insurance companies as impairing obli
Relief Ass'n (Sup.) 5. gation of contract, see “Constitutional Law,” Description of location of goods held sufficient § 1.
to entitle plaintiff to recover in action on fire Production of books showing amounts paid em- insurance policy.- Edwards v. Fireman's Ins.
ployés in action for indemnity insurance, see Co. (Sup.) 507. *Discovery," $ 1. Transfer of 'policies by bankrupt as unlawful injunction, no longer existed at time of trial,
Where plaintiff's interest, entitling him to an preference, see "Bankruptcy," "$ 2.
dismissal of complaint was proper.-Odell 5. § 1. Control and regulation in general. Bretvey (Sup.) 655.
Laws N. C. 1899, p. 175, c. 54, 8 62, held to $ 4. Assignment or other transfer of authorize service of process on the insurance
polioy. commissioner in au action against a foreign insurance company on a policy issued before the and under seal, held to require proof by one
An assignment of a lite policy, acknowledged statute was passed.-Johnston v. Mutual Re serve Fund Life Ins. Co. (City Čt. N. Y.) 438. disputing it that it was not for a valid considera
tion.-Von Schuckmann v. Heinrich (Sup.) 673. A foreigu 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
sentation, fraud, breach of v. Mutual Reserve Fund Life Ins. Co. (City
warranty or condition. Ct. N. Y.) 438.
In an action on a life insurance policy, facts Where a foreign insurance company, pursu- made the application that a sore on his tongue
held not to show that insured knew when be ant to Laws N. C. 1899, p. 175, c. 54, § 62, appointed the insurance commissioner to receive Co. (Sup.) 210.
was a cancer.-Peck v. Washington Life Ins. process in actions against it, held, it could not revoke the appointment.-Johnston v. Mutual Accident insurance policy, containing warranty Reserve Fund Life Ins. Co. (City Ct. N. Y.) that assured was married, held forfeited, and 438.
beneficiary could not recover thereon after Act N. C. June 1, 1899 (Laws 1899, p. 197, Gaines v. Fidelity & Casualty Co. of New
assured's death; he having had no wifec. 62), prohibiting every insurance company York (Sup.) 821. transacting business, unless it became a corporation of the state, held not to affect prior poli- & 6. Forfeiture of policy for breach of cies and the remedy thereon.-Johnston v. Mu
promissory warranty, covenant, tual Reserve Fund Life Ins. Co. (City Ct. N.
or condition subsequent. Y.) 438.
The assignment of a life insurance policy to § 2. Insurance agents and brokers.
a person nominally acting as general agent of Under by-laws of a mutual fire insurance as
insurer held not to vitiate the policy. -Perk sociation, one of its directors held authorized to
v. Washington Life Ins. Co. (Sup.) 210. make an oral contract to insure a member, Acceptance of premium on life policy with pending action on his application.-Loomis v. I knowledge of an assignment held to bare given
complete force and effect to the policy on the of insured at the time of the application was a
v. Washington Life Ins. Co. (Sup.) 210.
Finding that insured in a life policy did not
The provision, in a policy of fire insurance,
in which to pay the insurance, is waived by
denial of all liability under the policy.-Edwards
affecting right to avoid or for- The questiou whether a firm was the agent
of an insurance company held, under the evi-
In an action on a policy procured by a do-
company authorized to do business in New York
& Life Assur. Co. (Sup.) 525.
that costs should not be awarded against him.
Code Civ. Proc. $$ 1835, 1836.-Von Schuck-
mann v. Heinrich (Sup.) 673.
In an action on an insurance policy, on the
v. Metropolitan Life Ins. Co. (Sup.) 904.
Extent of loss and liability of in-
8 13. Mutual benefit insurance.
Where neither the statute, constitution, nor
his death, authorize a designation of a benefici-
ary by will, a designation of that character
is insufficient.-In re Smith's Estate (Sur.) 725.
Desiguation of beneficiary of death benefit
Smith's Estate (Sur.) 725.
ment," $ 2.
Element of damages, see “Damages," $ 1.
On particular classes of liabilities.
Benefits to landowner from municipal improve-
ments, see "Municipal Corporations," $ 4.
use, see "Eminent Domain," $ 2.
Pecuniary interest in particular subjects.