been precluded by order from giving evidence For wages, see "Master and Servant," § 2. plaint, see "Indictment and Information." § 1. Declaration, complaint, petition, or A complaint construed, and held to state but a Where complaint alleges three causes of ac- § 2. Plea or answer, cross complaint, and affidavit of defense. Defendant, denying plaintiff's allegation of In action for false representations, inducing In action for false representations, plaintiff Plaintiff in action for materials furnished and In an action against a gas company because A demurrer lies to new matter set up by way § 3. Demurrer or exception. Plaintiff, as a condition for service of amend- The denial of a motion to amend a complaint Where a new defense arises after the action Where an amended complaint was served in § 6. Motions. On a motion to compel plaintiff to separately In an action by a purchaser of corporate stock A motion is a proper remedy to require a A demurrer will not be stricken, unless its Under Code Civ. Proc. § 798, and Gen. Rules In action against directors of a corporation § 5. Bill of particulars and copy of ac-plaint held to give defendant sufficient informa- count. In an action for injuries caused by one of Indefiniteness in the complaint as to the in- In action for rent, held, that defendants, fail- for false representations, inducing plaintiff to In action against directors of corporation for and 121 New York State Reporter 87. Issues, proof, and variance. Answer of defendant in action to recover certificate of seat in produce exchange held sufficient to admit evidence of oral agreement contemporaneous with written one.-Hamblen v. German (Sup.) 642. § 8. Defects and objections, waiver, and aider by verdict or judgment. Court held justified, without regard to pleading, in submitting to jury question whether contract was as plaintiff testified, where the testimony was admitted without objection.Ceballos v. Munson S. S. Line (Sup.) 811. PLEDGES. See "Pawnbrokers." The title to a thing pledged remains in the pledgor until devested by sale, judicial proceedings, or conversion by pledgee, in which latter case limitations runs from the actual conversion.-Brown v. Bronson (Sup.) 872. Code Civ. Proc. § 410, subd. 2, providing that limitations runs from demand in certain cases, held not to apply to a case of deposit of stock as collateral to be specifically returned at a certain time.-Brown v. Bronson (Sup.) 872. PRACTICE. Procedure of particular courts, see "Courts." In particular civil actions or proceedings. See "Assumpsit, Action of"; "Habeas Corpus," § 1; "Interpleader"; "Quo Warranto," § 1; "Replevin." Accounting by executor or administrator, see "Executors and Administrators," § 9. Condemnation proceedings, see "Eminent Domain," § 2. Particular proceedings in actions. See "Abatement and Revival"; "Bail." § 1; "Costs"; "Damages," § 4; "Depositions" "Dismissal and Nonsuit"; "Divorce," § 2; "Evidence": "Execution": "Judgment": "Jury"; "Limitation of Actions"; "Motions" "Parties"; "Pleading"; "Reference"; "Trial"; "Venue." Particular remedies in or incident to actions. See "Arrest," § 1; "Attachment"; "Discov- Procedure in criminal prosecutions. Procedure in exercise of special jurisdictions. Procedure on review. Where a note was paid, right of the pledgee to demand collateral securing it was complete, within the meaning of Code Civ. Proc. § 410. providing limitations runs from time of right to make demand.-Brown v. Bronson (Sup.) 872. Possession by executors of creditor of a note See "Appeal"; "New Trial." and stock pledged as collateral held to impose on debtor's representatives burden of showing payment of note.-Brown v. Bronson (Sup.) 872. PREFERENCES. Effect of proceedings in bankruptcy, see "Bankruptcy," § 2. PREJUDICE. Ground for reversal in civil actions, see "Appeal," § 5. PRELIMINARY INJUNCTION. See "Injunction," § 1. PRESENTMENT. Of claims against estate of decedent, see "Executors and Administrators," § 5. PRESUMPTIONS. In civil actions, see "Evidence," § 1. On appeal, see "Appeal," § 5. PRINCIPAL AND ACCESSORY. See "Criminal Law," § 1. PRINCIPAL AND AGENT. See "Attorney and Client"; "Brokers"; "Fac tors." Admissions by agent, see "Evidence," § 3. Corporate agents, see "Corporations," § 3. PRIVATE NUISANCE. Service of process on agent of foreign insur- See "Nuisance," § 1. 1. Mutual rights, duties, and liabili- PRIVATE ROADS. Plaintiff, under his contract of employment Rights of way, see "Easements." An agent, entitled to commissions for orders PRIVILEGED COMMUNICATIONS. Disclosure by witness, see "Witnesses," § 1. PRIVITY. § 2. Rights and liabilities as to third See "Contracts," § 2. persons. Agent held to have authority to employ help A lease, executed by an agent in his own name The authority of an alleged agent to accept Agents, having authority to modify leases, Evidence held to authorize a finding that a An owner of real estate is not bound by a Vendors' letter to agent, exhibited to vendee, An agent, whose only authority was to pur- of traffic in intoxicating liquors, see "Intoxi- PROMISSORY NOTES. To constitute a ratification of unauthorized Facts held insufficient to show ratification by PRINCIPAL AND SURETY. See "Bail." Harmless error in action against sureties, see Liabilities of sureties on bonds in legal pro- PRIORITIES. PROOF. Of death, see "Death," § 1. PROPERTY. See "Animals"; "Fixtures"; "Franchises." Dedication to public use, see "Dedication.", PROXIMATE CAUSE. Between assignments, see "Assignments," § 1. Of injury, see "Negligence," § 2. 87 N.Y.S.-76 PUBLICATION. and 121 New York State Reporter In official newspapers, see "Newspapers." Of notice of meeting of village tax assessors, see "Municipal Corporations," § 8. PUBLIC DEBT. See "Towns," § 1. PUBLIC IMPROVEMENTS. By municipalities, see "Municipal Corporations," § 4. PUBLIC NUISANCE. See "Nuisance," § 2. PUBLIC POLICY. Affecting acts of public officers, see "Officers," $ 1. Discrimination by carrier as against public policy, see "Carriers," § 2. PUBLIC USE. Dedication of property, see "Dedication." Taking property for public use, see "Eminent Domain." PUNISHMENT. For violation of injunction, see "Injunction," § 3. QUANTUM MERUIT. Form, requisites, and sufficiency of instructions in action for personal injuries, see "Trial,” § 6. Negligence in use of bridge, see "Bridges," § 1. § 1. Location of road, termini, and stations. Under Railroad Law, Laws 1890, p. 1082. c. 565, § 2, certificate of approval of route, grauted by railroad commissioners, held not authorized.People v. Board of Railroad Com'rs of New York (Sup.) 334. 2. Operation. Facts as to manner of accident on defendant's railroad, used in connection with its docks and warehouse, by the car, from which plaintiff was removing freight, being struck by one which was derailed, defendant having complete management and control of the cars, held, unexplained, to warrant a finding of defendant's negligence.Fisher v. New York Dock Co. (Sup.) 117. In an action against a railway company. deLe Duc v. New York Cent. & H. R. R. Co. cedent held guilty of contributory negligence. (Sup.) 364. On the issue whether a railroad company had acquiesced in the use by the public of a path across its track, evidence held not to show such acquiescence. Le Duc v. New York Cent. & H. R. R. Co. (Sup.) 364. A person on a railroad track held a trespasser.-Le Duc v. New York Cent. & H. R. R. Co. (Sup.) 364. In an action for death at a railroad crossing. evidence of the absence of any signals at the crossing held evidence of defendant's negligence. -McSweeney v. Erie R. Co. (Sup.) 836. In an action for death at a railroad crossing. See "Assumpsit, Action of"; "Work and La- evidence held insufficient to show that deceased bor." was not guilty of contributory negligence.McSweeney v. Erie R. Co. (Sup.) 863. RATIFICATION. Of act of agent, see "Principal and Agent," § 2. REAL-ESTATE AGENTS. See "Brokers." RECEIVERS. In bankruptcy proceedings, see "Bankruptcy," § 2. Of corporations in general, see "Corporations," § 4. 1. Nature and grounds of receivership. On an interlocutory judgment for an accourting of plaintiff's share of the profits from the sale of stock, it was not necessary to appoint a receiver to protect plaintiff's rights.-Spier v. Hyde (Sup.) 285. REGISTRATION. 2. Title to and possession of property. 185. RECEIVING STOLEN GOODS. Facts held to constitute receiving stolen Evidence held sufficient to show that defend- Admission in evidence, on a trial for receiving RECORDS. As evidence, see "Evidence," § 4. Of chattel mortgages, see "Chattel Mortgages," REDEMPTION. From mortgage, see "Mortgages," § 5. REDIRECT EXAMINATION. Of witnesses, see "Witnesses," § 2. REFERENCE. In divorce proceedings, see "Divorce," § 2. REHEARING. See "New Trial." REINCORPORATION. See "Corporations," § 5. RELEASE. See "Accord and Satisfaction"; "Payment." 1. Construction and operation. RELEVANCY. Of evidence in civil actions, see "Evidence," § 2. RELIGIOUS SOCIETIES. Bequests to, see "Wills," § 4. REMAINDERS. Creation by deed, see "Deeds," § 2. REMEDY AT LAW. Effect on jurisdiction of equity, see "Equity," REMITTITUR. Of claims against decedent's estate, see "Ex-Of damages, see "Damages," § 4. To determine damages on injunction bond, see REMOVAL. § 1. Nature, grounds, and order of ref- Of judge from office, see "Judges,” § 1. erence. In action for an accounting of profits made § 2. Report and findings. Where the evidence is undisputed, a finding REMOVAL OF CAUSES. Change of venue or place of trial, see "Venue," RENEWAL. law.-Mt. Sinai Hospital v. Hyman (Sup.) 276. Of lease, see "Landlord and Tenant," § 3. |