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FORMS OF ACTION.

FRAUDS, STATUTE OF.
See “Assumpsit, Action of”; “Replevin"; "Tres-8 1. Real property and estates and in-
pass," § 1; "Trover and Conversion."

terests therein.

Oral agreement of children of testator to give
FRANCHISES.

their share in his estate to their mother held

not to convey realty of an heir.-In re Sproule's
Taxation, see “Taxation," 88 1, 2.

Estate (Sur.) 432.
The grant of a franchise presupposes a bene-

2. Pleading, evidence, trial, and re-

view.
fit to the public, and an equal right on every

That the statute of frauds may be availed
member thereof within the territory involved

of in partition against a defendant who sets
to participate in the benefit on the same terms
and conditions.-Rhinehart v. Redfield (Sup.)

| up a contract for all the property, it need not

be set up by reply.-Pattat v. Pattat (Sup.)
789.

140.
FRAUD.

FRAUDULENT CONVEYANCES.
See "Fraudulent Conveyances."
Bill of particulars, see “Pleading," $ 5. By bankrupt, see "Bankruptcy," $ 2.
Effect on limitation, see “Limitation of AC-18 1. Transfers and transactions invalid.

tions," $ 2.
Evidence of similar facts and transactions, see

Failure of executors to pay off a mortgage
“Evidence," $ 2.

on property conveyed by the testatrix to her

son for life, under the provisions of her will,
By particular classes of persons.

held not fraudulent as against creditors of the
Bankrupt, see "Bankruptcy,” 8 3.

son.-Marshall v. United States Trust Co.
Trustees, see "Trusts," $ 3.

(Sup.) 747.
In particular classes of conveyances, contracts,

FUNERAL EXPENSES.
or transuctions.
See “Contracts,” g 1; "Insurance," g 5. Claims against decedent's estate for, see "Ex-
Particular remedies.

ecutors and Administrators," & 5.
See "Equity,” 1.
Rescission of contract, see “Contracts," 4.

GAMING.
$ 1. Deception constituting fraud and See “Lotteries.”
liability therefor.

$ 1. Criminal responsibility.
In an action for fraud, actual damages need In action for violation of Pen. Code, 351,
pot be alleged nor proved.-Blumenfeld v. Stine prohibiting pool-selling, evidence held to sustain
(Sup.) 81.

finding that defendant assisted pool-selling.-
A grantee is not estopped to sue for dam- | People v. Canepi (Sup.) 773.
ages caused by false representations by his
grantor as to incumbrances on the land by the
fact that an examination of the public records

GARNISHMENT.
would have informed him as to the same.-
Blumenfeld v. Stine (Sup.) 81.

See "Attachment”; “Execution."
Vendee of premises held not put on inquiry
as to falsity of vendor's representation as to

GIFTS.
amount of rental.-Ettlinger v. Weil (Sup.)
1049.

Charitable gifts, see “Charities.” .
§ 2. Actions.

Transfer taxes, see "Taxation," $ 4.
Answer in action by grantee for damages

18 1. Inter vivos.
for false representations as to liens held to
state no defense.-Blumenfeld v. Stine (Sup.) |

Evidence nelu to show a gift inter vivos.-In
81.

re Sproule's Estate (Sur.) 432.
Evidence in an action for falsely representing

Where children of testator agreed to give all
to a prospective vendee that the premises were

| their interest in his estate to their mother, the

surplus income paid to the mother in each year
leased at a certain rental held to warrant a
recovery of $6,000.-Ettlinger v. Weil (Sup.)

of her life passed to her, and need not be ac-
1049. .

counted for by her representative.-In re

Sproule's Estate (Sur.) 432.
Measure of damages for falsely representing

Where children of testator agreed to give all
premises sold to be under lease at certain
rental stated.-Ettlinger v. Weil (Sup.) 1049.

their interest in the estate to their mother, and

subsequently delivered to her their shares in the
Evidence in actiou for falsely representing personalty, the interest in the undivided estate
premises sold to be under lease at a certain of the testator did not, on the death of one of
rental held to sustain verdict for plaintiff. the children, pass to the mother, but to his
Ettlinger v. Weil (Sup.) 1049.

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- | flooring in city buildings, is whether the floor
hon v. Dime Sav. Bank (Sup.) 258.

ing is to be constructed of fireproof piaterial,
Ou 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 "

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.—Mabon
v. Dime Sav. Bank (Sup.) 258.

In probate proceedings, see "Wills," $ 3.

GOOD FAITH.

HEIRS.
Of purchaser, see “Bills and Notes," $ 3. See "Descent and Distribution."
. GRAND JURY.

HIGHWAYS.
See “Indictment and Information."

See “Bridges”; “Municipal Corporations," $ 6.
Extent of examination of witness before

Accidents at railroad crossings, see "Rail-
grand jury defined.-In re Morse (Gen. Sess.)

roads," $ 2.
721.

Is 1. Establishment, alteration, and dis-
Person accused of crime may be allowed to

continuance.
testify before grand jury.-In re Morse (Gen.

County court, in proceedings to lay out high-
Sess.) 721.

way, held to have authority, under Code Cis.

Proc. $ 3240, to allow costs and disbursements
er indictinent found and returned, grand to petitioner on confirming commissioners' re-
jury cannot examine further in the matter.-

port, notwithstanding Highway Law, Laws
În 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 high-
vict 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 (Supu
HACKS.

786.
Stands in cities, see "Municipal Corporations,”

HUSBAND AND WIFE.
$ 6.

See "Divorce"; "Marriage."
HARMLESS ERROR.

$ 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 v, In-
HEALTH.

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: 182. Actions.

In an action by an infant for injury, there
TRACT.

can be no recovery for loss of wages; he not

being emancipated.-Nemorofskie v. Interurban
See “Constitutional Law,” $ 1.

St. Ry. Co. (Sup.) 463.
IMPEACHMENT.

INFERIOR COURTS.
Of witness, see "Witnesses," $ 3.

See "Courts," $ 3.
IMPLIED CONTRACTS.

INHERITANCE.
See "Assumpsit. Action of": "Use and Occu- / See “Descent and Distribution.”
pation”; “Work and Labor."

INHERITANCE TAX.
IMPRISONMENT.

See "Taxation,” $ 4.
See “Arrest”; “Bail”; “Execution," 8 2.
Habeas corpus, see “Habeas Corpus."

INJUNCTION.

Consolidation of action for damages and in-
IMPROVEMENTS.

junction and action for damages alone, see

“Action," $ 1.
Liens, see "Mechanics' Liens."

Costs on dismissal, see “Costs," $ 1.
Public improvements, see "Municipal Corpora-
tions," $ 4.

Restraining particular acts or proceedings.

Use of street for hack stand, see “Municipal
INDEMNITY.

Corporations,” 8 6.
Production of books showing amounts paid em-

Voting corporate stock, see "Corporations,” 88

2, 7.
ployés in action for indemnity insurance, see
Discovery," § 1.

8 1. Preliminary and interlocutory in-

junctions.

Defendants held entitled to counsel fees on
INDEPENDENT CONTRACTORS.

voluntary discontinuance of injunction.-Mc-

Gown v. Barnum (Sup.) 605.
See “Master and Servant,” $ 9.

Services of counsel for defendant held to be on

account of injunction, entitling him to an order
INDICTMENT AND INFORMATION.

of reference to ascertain his damages.-Perlman

v. Bernstein (Sup.) 862.
See “Grand Jury.”

8 2. Permanent injunction and other
Necessity of objections to, for purpose of re-

relief.
view, see "Criminal Law," § 6.

Court held to have power, after suspension of
For particular offenses.

injunction for one year, to grant a further ex-
See "Conspiracy,” $ 1; "Homicide,” $ 1; "Per-

tension thereof.--Sponenburgh v. City of Glo-

versville (Sup.) 602.
jury," $ 1.

3. Violation and punishment.
§ 1. Motion to quash or dismiss, and

One held improperly adjudged guilty of con-
demurrer.

tempt for violating an injunction against dis-
An objection to an indictment for conspiracy

posing of property; the receiver in supplemen-
that the allegations thereof showed that there

tary proceedings, entitled thereto, not having
was a merger of the crime of conspiracy to pro made a demand therefor.-Gerson v. Berti
cure money by false pretenses in the crime of (Sup.) 458.
false pretenses itself might have been raised

$ 4. Liabilities on bonds or undertak-
by demurrer, under Code Cr. Proc. § 323, subd.
4.-People v. Weichers (Sup.) 897.

Where, in injunction suit, defendants have

unsuccessfully moved to vacate the injunction,
INDORSEMENT.

they are not barred, on subsequent discontinu-

ance, from seeking damages.-McGown v. Bar-
Of bill of exchange or promissory note, see
"Bills and Notes," $ 3.

num (Sup.) 605.

Where plaintiff voluntarily discontinues suit,

held, a reference should be had to determine
INFANTS.

damages for injunction obtained.-McGown v.

Barnum (Sup.) 605.
Survival of right of action by infant, see
“Abatement and Revival," $ 1.

INNKEEPERS.
8 1. Contracts.

Infancy of payees of note held not to affect Restaurant keepers are liable for negligence
its validity.-Yarwood y. Trusts & Guarantee of servant in course of employment.-Block v.
Co. (Sup.) 947.

Sherry (Sup.) 160.

ings.

INSURANCE.

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 y. 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 gen-

eral agent.-Peck v. Washington Life Ins. Co.
See "Bankruptcy.."

(Sup.) 210.
Of corporation, see "Corporations,” | 4

Broker's contract to furnish insurance held

not terminated by dissolution of combination of
INSPECTION.

insurance companies mentioned therein.-Tan-

enbaum v. Josepbi (Sup.) 839.
By employer, see “Master and Servant," $ 4. Insurance broker's contract to furnish insur-
Of 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 asso-
In civil actions, see “Trial," 8 6.

ciation had agreed that plaintiff should be in-
In criminal prosecutions, see “Criminal Law."

sured pending action on his application, and he
$ 4.

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.
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 v. 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 Ips.

ployés in action for indemnity insurance, see Co. (Sup.) 507.
*Discovery," § 1.

Where plaintiff's interest, entitling him to an
Transfer of policies by bankrupt as unlawful

injunction, no longer existed at time of trial,
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, $ 62, held to

§ 4. Assignment or other transfer of
authorize service of process on the insurance

polioy.
commissioner in an action against a foreign in-

An assignment of a lite policy, acknowledged
surance company on a policy issued before the

| and under seal, held to require proof by one
statute was passed.—Johnston v. Mutual Re

disputing it that it was not for a valid considera-
serve Fund Life Ins. Co. (City Ct. N. Y.) 438.

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 misrepre-
be acquired by service on an agent.-Johnston

sentation, fraud, or 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-

held not to show that insured knew when be

made the application that a sore on his tongue
ant to Laws N. C. 1899, p. 175, c. 54, $ 62, ap-

was a cancer.-Peck v. Washington Life Ins.
pointed the insurance commissioner to receive

Co. (Sup.) 210.
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,

assured's death; he having had no wife-

Gaines V. Fidelity & Casualty Co. of New
c. 62), prohibiting every insurance company

York (Sup.) 821.
transacting business, unless it became a corpo-
ration of the state, held not to affect prior poli-8 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

a person nominally acting as general agent of
§ 2. Insurance agents and brokers.

the insurer held not to vitiate the policy.-Perk
Under by-laws of a mutual fire insurance as-

v. Washington Life Ins. Co. (Sup.) 210.
sociation, one of its directors held authorized to
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 have given

[graphic]
[graphic]

complete force and effect to the policy on the of insured at the time of the application was a
date of delivery.-Peck v. Washington Life Ins. cancer, or that he believed it to be such.-Peck
Co. (Sup.) 210.

V. Washington Life Ins. Co. (Sup.) 210.
Continuing insurance, in force at the time of Whether insured in a life policy used liquor
the issuance of a policy, held not other insur-“to excess," within the meaning of the applica-
ance, within the meaning of its stipulations as tion, is a question of fact.—Moore v. Prudential
to other insurance.-Lewis v. Guardian Fire & Ins. Co. (Sup.) 368.
Life Assur. Co. (Sup.) 525.

Finding that insured in a life policy did not
Where the insured in a fire policy could not use liquor to excess held against the weight of
recover for a loss, a mortgagee of the property the evidence.-Moore V. Prudential Ins. Co.
insured could not enforce the provision in the (Sup.) 368
policy stipulating that the loss, if any, should The provision, in a policy of fire insurance,
be payable to him as his interest might appear.
-Lewis v. Guardian Fire & Life Assur. Co.

giving the insurer 60 days after notice of loss

in which to pay the insurance, is waived by
(Sup.) 525.

denial of all liability under the policy.-Edwards
Estoppel, waiver, or agreements | v. Fireman's Ins Co. (Sup.) 507.
affecting right to avoid or for The question whether a firm was the agent
feit policy.

of an insurance company held, under the evi-
Mutual insurance association held estopped to dence, for the jury.-Lewis v. Guardian Fire &
claim nopliability for an alleged misstatement of Life Assur. Co. (Sup.) 525.
interest, written in an application by one of in-
surer's directors,-Loomis v. Jefferson County

In an action on a policy procured by a do-
Patrons' Fire Relief Ass'n (Sup.) 5.

mestic corporation from a foreign insurance

company authorized to do business in New York
The general agent of a life insurance com-on property located in Canada, the assignee of
pany has authority to waive immediate payment the mortgagee held a necessary party, though
of premium on delivery of a policy.--Peck v. a resident of Canada.-Lewis v. Guardian Fire
Washington Life Ins. Co. (Sup.) 210.

& Life Assur. Co. (Sup.) 525.
An insurance company held to have waived Where, in an action on a life policy by the
the stipulation in its policy with reference to | assignee thereof, insured's administrator was
other insurance. Lewis v. Guardian Fire & brought in by an order of interpleader, held,
Life Assur. Co. (Sup.) 525.

that costs should not be awarded against him.
§ 8. Risks and causes of loss.

Code Civ. Proc. 88 1835, 1836.-Von Schuck-
The rupture of a blood vessel, caused by

mann v. Heinrich (Sup.) 673.
lifting, held not an "accident," within the mean.

In an action on an insurance policy, on the
ing of that term in a certificate of a beneficial issue of false warranty, it was for the jury to
association.-Niskern v. United Brotherhood of

decide whether insured lost consciousness in the
Carpenters & Joiners of America (Sup.) 640. spells to which witnesses testified.-Sternaman

v. Metropolitan Life Ins. Co. (Sup.) 904.
& 9. Extent of loss and liability of in-
surer.

8 13. Mutual benefit insurance.
Burglary insurance policy construed, and held Where neither the statute, constitution, nor
to limit liability of company to $250 on any one

| by-laws of a benefit order, in force at the time
article of jewelry.-Wormser v. General Acc.

testator became a member and at the time of
Assur. Corp. (Sup.) '974.

his death, authorize a designation of a benefici-

ary by will, a designation of that character
8 10. Adjustment of loss.

is insufficient.-In re Smith's Estate (Sur.) 725.
The resignation of an appraiser appointed of
a fire loss, after the award, was ineffectual to

Desiguation of beneficiary of death benefit
invalidate the same.-Eisenberg v. Stuyvesant

as "payable to estate" held insufficient.-In re
Ins. Co. (Sup.) 463.

Smith's Estate (Sur.) 725.
Appraisal of loss on fire policy by umpire
and one appraiser held invalid. - New York Mut.

INTEREST.
Savings & Loan Ass'n v. Manchester Fire
Assur. Co. (Sup.) 1075.

See “Usury."
An action may be maintained to set aside Application of payments on principal, see “Pay-
an award by insurance appraisers, and, if suc-

ment," $ 2.
cessful in that regard, then for a recovery on

Element of damages, see "Damages," $ 1.
the policy of the actual loss sustained.-New

Foreclosure for default in payment, see “Mort-
York Mut. Savings & Loan Ass'n v. Manches | gages," $ 4.
ter Fire Assur. Co. (Sup.) 1075.

On particular classes of liabilities.
$ 11. Right to proceeds.

Benefits to landowner from municipal improve-
The administrator of insured held entitled to

ments, see “Municipal Corporations," 4.
allowance against the assignee of the life pol-

Compensation for property taken for public
icy for a premium paid after insured's death.-

use, see "Eminent Domain," $ 2.
Von Schuckmann v. Heinrich (Sup.) 673.
& 12. Actions on policies.

Pecuniary interest in particular subjects.
In an action on a life policy, the burden was Effect as to credibility of witness, see "Wit-
on the insurer to show that a sore on the tongue nesses," $ 3.

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