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See "Fraudulent Conveyances."

Bill of particulars, see "Pleading," § 5.
Effect on limitation, see "Limitation of Ac-
tions," § 2.

Evidence of similar facts and transactions, see
"Evidence," § 2.

By particular classes of persons.
Bankrupt, see "Bankruptcy," § 3.
Trustees, see "Trusts," § 3.

In particular classes of conveyances, contracts,
or transactions.

See "Contracts," § 1; "Insurance," § 5.

Particular remedies.

See "Equity," § 1.
Rescission of contract, see "Contracts," § 4.

§ 1. Deception constituting fraud and
liability therefor.

In an action for fraud, actual damages need
not be alleged nor proved.-Blumenfeld v. Stine
(Sup.) 81.

A grantee is not estopped to sue for dam-
ages caused by false representations by his
grantor as to incumbrances on the land by the
fact that an examination of the public records
would have informed him as to the same.--
Blumenfeld v. Stine (Sup.) 81.

Vendee of premises held not put on inquiry
as to falsity of vendor's representation as to
amount of rental.-Ettlinger v. Weil (Sup.)
1049.

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FRAUDS, STATUTE OF.

1. Real property and estates and in-
terests therein.

Oral agreement of children of testator to give
their share in his estate to their mother held
not to convey realty of an heir.-In re Sproule's
Estate (Sur.) 432.

§ 2. Pleading, evidence, trial, and re-
view.

of in partition against a defendant who sets
That the statute of frauds may be availed
be set up by reply.-Pattat v. Pattat (Sup.)
up a contract for all the property, it need not

140.

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1. Inter vivos.

Evidence held to show a gift inter vivos.-In
re Sproule's Estate (Sur.) 432.

their interest in his estate to their mother, the
Where children of testator agreed to give all
surplus income paid to the mother in each year
of her life passed to her, and need not be ac-
counted for by her representative.-In re
Sproule's Estate (Sur.) 432.

their interest in the estate to their mother, and
Where children of testator agreed to give all
subsequently delivered to her their shares in the
personalty, the interest in the undivided estate
of the testator did not, on the death of one of
the children, pass to the mother, but to his
heirs. In re Sproule's Estate (Sur.) 432.

§ 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. Proc. $ 3240, to allow costs and disbursements to petitioner on confirming commissioners report, notwithstanding Highway Law, Laws 1890, pp. 1195, 1205, c. 568, §§ 92, 93, 152In 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. Cty 236.

Report of commissioners appointed to lay out a highway set aside. In re King (Co. Ct.)

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.

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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.
"Marriage."

See "Divorce";

§ 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."

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See "Assumpsit, Action of"; "Use and Occu- See "Descent and Distribution."
pation"; "Work and Labor."

IMPRISONMENT.

See "Arrest"; "Bail"; "Execution," § 2.
Habeas corpus, see "Habeas Corpus."

IMPROVEMENTS.

Liens, see "Mechanics' Liens."

Public improvements, see "Municipal Corpora-
tions," § 4.

INDEMNITY.

Production of books showing amounts paid em-
ployés in action for indemnity insurance, see
"Discovery," § 1.

INDEPENDENT CONTRACTORS.

See "Master and Servant," § 9.

INDICTMENT AND INFORMATION.

See "Grand Jury."

Necessity of objections to, for purpose of re-
view, see "Criminal Law," § 6.

For particular offenses.

INHERITANCE TAX.

See "Taxation," § 4.

INJUNCTION.

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," §§
2, 7.

§ 1. Preliminary and interlocutory in-
junctions.

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.

§ 2.

Permanent injunction and other
relief.

Court held to have power, after suspension of
injunction for one year, to grant a further ex-

See "Conspiracy," § 1; "Homicide," § 1; "Per- tension thereof. Sponenburgh v. City of Glo-
jury," § 1.

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versville (Sup.) 602.

§ 3. Violation and punishment.

One held improperly adjudged guilty of con-
tempt for violating an injunction against dis-
posing of property; the receiver in supplemen-
tary proceedings, entitled thereto, not having
made a demand therefor.-Gerson V.
(Sup.) 458.

Berti

84. Liabilities on bonds or undertak-
ings.

Where, in injunction suit, defendants have
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.

INNKEEPERS.

Restaurant keepers are liable for negligence
of servant in course of employment.-Block v.
Sherry (Sup.) 160.

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. Of writings, see "Discovery," § 1.

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.

§ 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 au 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 be 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.

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.

and under seal, held to require proof by one An assignment of a life policy, acknowledged disputing it that it was not for a valid consideration.-Von Schuckmann v. Heinrich (Sup.) 673. § 5. Avoidance of policy for misrepresentation, fraud, or breach of warranty or condition.

In an action on a life insurance policy, facts held not to show that insured knew when he made the application that a sore on his tongue Co. (Sup.) 210. was a cancer.-Peck v. Washington Life Ins.

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 wifeYork (Sup.) 821.

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complete force and effect to the policy on the
date of delivery.-Peck v. Washington Life Ins.
Co. (Sup.) 210.

Continuing insurance, in force at the time of
the issuance of a policy, held not other insur-
ance, within the meaning of its stipulations as
to other insurance.-Lewis v. Guardian Fire &
Life Assur. Co. (Sup.) 525.

Where the insured in a fire policy could not
recover for a loss, a mortgagee of the property
insured could not enforce the provision in the
policy stipulating that the loss, if any, should
be payable to him as his interest might appear.
Lewis v. Guardian Fire & Life Assur. Co.
(Sup.) 525.

7. Estoppel, waiver, or agreements
affecting right to avoid or for-
feit policy.

Mutual insurance association held estopped to
claim nonliability for an alleged misstatement of
interest, written in an application by one of in-
surer's directors.-Loomis v. Jefferson County
Patrons' Fire Relief Ass'n (Sup.) 5.

The general agent of a life insurance com-
pany has authority to waive immediate payment
of premium on delivery of a policy.-Peck v.
Washington Life Ins. Co. (Sup.) 210.

An insurance company held to have waived
the stipulation in its policy with reference to
other insurance.-Lewis v. Guardian Fire &
Life Assur. Co. (Sup.) 525.

§ 8. Risks and causes of loss.

The rupture of a blood vessel, caused by
lifting, held not an "accident," within the mean-
ing of that term in a certificate of a beneficial
association.-Niskern v. United Brotherhood of
Carpenters & Joiners of America (Sup.) 640.

§ 9. Extent of loss and liability of in-

surer.

Burglary insurance policy construed, and held
to limit liability of company to $250 on any one
article of jewelry.-Wormser v. General Acc.
Assur. Corp. (Sup.) 974.

§ 10. Adjustment of loss.

The resignation of an appraiser appointed of
a fire loss, after the award, was ineffectual to
invalidate the same.-Eisenberg v. Stuyvesant
Ins. Co. (Sup.) 463.

Appraisal of loss on fire policy by umpire
and one appraiser held invalid. New York Mut.
Savings & Loan Ass'n v. Manchester Fire
Assur. Co. (Sup.) 1075.

An action may be maintained to set aside
an award by insurance appraisers, and, if suc-
cessful in that regard, then for a recovery on
the policy of the actual loss sustained.-New
York Mut. Savings & Loan Ass'n v. Manches-
ter Fire Assur. Co. (Sup.) 1075.

11. Right to proceeds.

The administrator of insured held entitled to
allowance against the assignee of the life pol-
icy for a premium paid after insured's death.-
Von Schuckmann v. Heinrich (Sup.) 673.

12. Actions on policies.

In an action on a life policy, the burden was
on the insurer to show that a sore on the tongue

of insured at the time of the application was a
cancer, or that he believed it to be such.-Peck
v. Washington Life Ins. Co. (Sup.) 210.

Whether insured in a life policy used liquor
"to excess," within the meaning of the applica-
tion, is a question of fact.-Moore v. Prudential
Ins. Co. (Sup.) 368.

Finding that insured in a life policy did not
use liquor to excess held against the weight of
the evidence.-Moore v. Prudential Ins. Co.
(Sup.) 368.

giving the insurer 60 days after notice of loss
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
v. Fireman's Ins. Co. (Sup.) 507.

The question whether a firm was the agent
of an insurance company held, under the evi-
dence, for the jury.-Lewis v. Guardian Fire &
Life Assur. Co. (Sup.) 525.

mestic corporation from a foreign insurance
In an action on a policy procured by a do-
company authorized to do business in New York
on property located in Canada, the assignee of
the mortgagee held a necessary party, though
a resident of Canada.-Lewis v. Guardian Fire
& Life Assur. Co. (Sup.) 525.

Where, in an action on a life policy by the
assignee thereof, insured's administrator was
brought in by an order of interpleader, held,
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
issue of false warranty, it was for the jury to
decide whether insured lost consciousness in the
spells to which witnesses testified.-Sternaman
v. Metropolitan Life Ins. Co. (Sup.) 904.
§ 13. Mutual benefit insurance.

Where neither the statute, constitution, nor
by-laws of a benefit order, in force at the time
testator became a member and at the time of
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.

Designation of beneficiary of death benefit
as "payable to estate" held insufficient.-In re
Smith's Estate (Sur.) 725.

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