INDEX.

See "Assumpsit, Action of"; "Replevin"; "Tres- § 1. Real property and estates and in-
pass," 1; "Trover and Conversion."

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.

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.)
140.

and 121 New York State Reporter

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.

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."
pation"; "Work and Labor."

For particular offenses.

INHERITANCE TAX.

Permanent injunction and other
relief.

Court held to have power, after suspension of
injunction for one year, to grant a further ex-
tension thereof. Sponenburgh v. City of Glo-

See "Conspiracy," § 1; "Homicide," § 1; "Per-versville (Sup.) 602.
jury," § 1.

1. Motion to quash or dismiss, and
demurrer.

An objection to an indictment for conspiracy
that the allegations thereof showed that there
was a merger of the crime of conspiracy to pro-
cure money by false pretenses in the crime of
false pretenses itself might have been raised
by demurrer, under Code Cr. Proc. § 323, subd.
4.-People v. Weichers (Sup.) 897.

§ 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
demand therefor.-Gerson v. Berti
made a
(Sup.) 458.

8 4. 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.

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
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.

The provision, in a policy of fire insurance,
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
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.

In an action on a policy procured by a do-
mestic corporation from a foreign insurance
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.