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FORMS OF ACTION.
FRAUDS, STATUTE OF.
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-
That the statute of frauds may be availed
of in partition against a defendant who sets
| up a contract for all the property, it need not
be set up by reply.-Pattat v. Pattat (Sup.)
tions," $ 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.
$ 1. Criminal responsibility.
finding that defendant assisted pool-selling.-
See "Attachment”; “Execution."
Charitable gifts, see “Charities.” .
Transfer taxes, see "Taxation," $ 4.
18 1. Inter vivos.
Evidence nelu to show a gift inter vivos.-In
re Sproule's Estate (Sur.) 432.
Where children of testator agreed to give all
| their interest in his estate to their mother, the
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.
Where children of testator agreed to give all
their interest in the estate to their mother, and
subsequently delivered to her their shares in the
heirs.-In re Sproule's Estate (Sur.) 432.
and 121 New York State Reporter
p. 351, c. 192, relating to the construction of
ing is to be constructed of fireproof piaterial,
or iron.-Holzman v. Katzman (Sup.) 478.
In probate proceedings, see "Wills," $ 3.
See “Bridges”; “Municipal Corporations," $ 6.
Accidents at railroad crossings, see "Rail-
roads," $ 2.
Is 1. Establishment, alteration, and dis-
County court, in proceedings to lay out high-
way, held to have authority, under Code Cis.
Proc. $ 3240, to allow costs and disbursements
port, notwithstanding Highway Law, Laws
| 1890, pp. 1195, 1205, c. 568, &$ 92, 93, 152.-
Commissioners appointed to lay out a high-
way cannot materially depart from the route
stated in the petition.-In re King (Co. Ct.
out a highway set aside.-In re King (Co. Ct.)
An indictment for manslaughter caused by
| negligence held to sufficiently allege that de
| cedent's death was the result of defendant's
of negligence held to sufficiently allege the date
of decedent's death.-People v. Murphy (Supu
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, In-
terurban St. Ry. Co. (Sup.) 466.
IMPAIRING OBLIGATION OF CON: 182. Actions.
In an action by an infant for injury, there
can be no recovery for loss of wages; he not
being emancipated.-Nemorofskie v. Interurban
St. Ry. Co. (Sup.) 463.
See "Courts," $ 3.
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,” 8 6.
Voting corporate stock, see "Corporations,” 88
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.
8 2. Permanent injunction and other
Court held to have power, after suspension of
injunction for one year, to grant a further ex-
tension thereof.--Sponenburgh v. City of Glo-
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
$ 4. Liabilities on bonds or undertak-
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.
Infancy of payees of note held not to affect Restaurant keepers are liable for negligence
Sherry (Sup.) 160.
and 121 New York State Reporter
Where a married woman was appointed ageut
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 gen-
eral agent.-Peck v. Washington Life Ins. Co.
Broker's contract to furnish insurance held
not terminated by dissolution of combination of
insurance companies mentioned therein.-Tan-
enbaum v. Josepbi (Sup.) 839.
ance held rescinded.-Tanenbaum v. Josephi
3. The contract in general.
Where a director of a mutual insurance asso-
ciation had agreed that plaintiff should be in-
sured pending action on his application, and he
suffered loss during such time, defendant could
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 pol-
icy.-Loomis v. Jefferson County Patrons' Fire
Relief Ass'n (Sup.) 5.
to entitle plaintiff to recover in action on fire
ployés in action for indemnity insurance, see Co. (Sup.) 507.
Where plaintiff's interest, entitling him to an
injunction, no longer existed at time of trial,
dismissal of complaint was proper.-Odell 5.
§ 4. Assignment or other transfer of
An assignment of a lite policy, acknowledged
| and under seal, held to require proof by one
disputing it that it was not for a valid considera-
tion.-Von Schuckmann v. Heinrich (Sup.) 673.
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.
beneficiary could not recover thereon after
assured's death; he having had no wife-
Gaines V. Fidelity & Casualty Co. of New
York (Sup.) 821.
promissory warranty, covenant,
or condition subsequent.
The assignment of a life insurance policy to
a person nominally acting as general agent of
the insurer held not to vitiate the policy.-Perk
v. Washington Life Ins. Co. (Sup.) 210.
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
giving the insurer 60 days after notice of loss
in which to pay the insurance, is waived by
denial of all liability under the policy.-Edwards
of an insurance company held, under the evi-
In an action on a policy procured by a do-
mestic corporation from a foreign insurance
company authorized to do business in New York
& Life Assur. Co. (Sup.) 525.
that costs should not be awarded against him.
Code Civ. Proc. 88 1835, 1836.-Von Schuck-
mann v. Heinrich (Sup.) 673.
In an action on an insurance policy, on the
decide whether insured lost consciousness in the
v. Metropolitan Life Ins. Co. (Sup.) 904.
8 13. Mutual benefit insurance.
| 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.
Desiguation of beneficiary of death benefit
as "payable to estate" held insufficient.-In re
Smith's Estate (Sur.) 725.
ment," $ 2.
Element of damages, see "Damages," $ 1.
Foreclosure for default in payment, see “Mort-
On particular classes of liabilities.
Benefits to landowner from municipal improve-
ments, see “Municipal Corporations," 4.
Compensation for property taken for public
use, see "Eminent Domain," $ 2.
Pecuniary interest in particular subjects.