RENT. and 121 New York State Reporter The sending of a letter to an incarcerated criminal held to constitute an attempt to commit the offense described in Pen. Code, 87, though See "Landlord and Tenant," § 5. Bill of particulars in action for, see "Plead- it was merely preliminary to the commission of such offense.-People v. Buckley (Sup.) 191. ing," § 5. RESIDENCE. REPAIRS. Of premises demised, see "Landlord and Ten- Affecting liability for support of pauper, see "Paupers," § 1. ant," § 4. REPEAL. Of statute, see "Statutes," § 1. REPLEVIN. § 1. Pleading and evidence. In an action to recover possession of goods, damages for the depreciation in the value of the goods are not recoverable, unless pleaded.-Jermyn v. Hunter (Sup.) 546. 2. Liabilities on bonds and undertakings. RES JUDICATA. See "Judgment," §§ 4, 5. See "Innkeepers." RESTRAINT OF TRADE. Trusts and other combinations, see "Monopolies," § 1. RETURN. That plaintiff in replevin always was the owner and entitled to possession of the property replevied held, in an action on the replevin bond To habeas corpus, see "Habeas Corpus," § 1. for breach of condition to return if the replevin action be dismissed, a partial defense only, under Code Civ. Proc. § 508.-Freeman v. United States Fidelity & Guaranty Co. (Sup.) 493. See "Taxation." REVENUE. REVERSIONS. That defendant in replevin denied he had possession of the chattels or had refused to deliver them, and that he did not, by answer, or notice under Code Civ. Proc. § 1725, demand return of lessor, see "Landlord and Tenant," § 2. thereof, held a defense to action on the replevin bond; the replevin action having been dismissed.-Freeman v. United States Fidelity & Guaranty Co. (Sup.) 493. REQUESTS. For instructions in criminal prosecutions, see "Criminal Law," § 4. For instructions to jury in civil actions, see "Trial," § 6. RESCISSION. Of contract for purchase of city bonds, see "Mu- Of contract for sale of land, see "Vendor and REVIEW. See "Appeal"; "Criminal Law," § 6. REVISION. Of statutes, see "Statutes," § 1. REVOCATION. Of liquor license, see "Intoxicating Liquors," RIGHT OF WAY. Of contract in general, see "Contracts," § 4. RESCUE. The sending of a letter to a person incarcerated for a felony held merely to constitute an attempt to commit the offense described by Pen. Code, § 87.-People v. Buckley (Sup.) 191. RISKS. Assumed by employé, see "Master and Serv- Within insurance policy, see "Insurance," § & See "Highways." The sending of a letter to a prisoner held to constitute a sufficient overt act to justify a conviction for an attempt to commit the crime described by Pen, Code, § 87.-People v. Buckley Streets in cities, see "Municipal Corporations," (Sup.) 191. § 6. ROYALTIES. For use or sale of patents, see "Patents," § 1. RULES OF COURT. Orders, see "Motions." SALARIES. dence in each case.-New York Hydraulic Press Whether there was a breach of warranty in a § 5. Remedies of buyer. In an action for breach of contract to manu- Of municipal officer or employé, see "Municipal Garvin Mach. Co. (Sup.) 41. Of corporate bonds, see "Corporations," § 3. Of intoxicating liquors, see "Intoxicating Liq- Of land for nonpayment of municipal taxes, § 4. § 1. Construction of contract. Contract to make and deliver wrenches ac- Question whether seller in contract of sale § 2. Performance of contract. In an action by a purchaser of goods against Any breach of a contract of sale on the part Tender of goods ordered held insufficient under Warranties. Buyer, purchasing goods by sample, held en- On failure to manufacture and deliver articles Vendee may recover difference between market For breach of contract to manufacture ac- cording to model, vendee cannot recover dam- Where tools were not made in compliance Evidence held to present a question for the Rule for measure of damage in case of sale of Evidence held not to sustain verdict for plain- SAMPLE. Sales by sample, see "Sales," §§ 3, 5. SATISFACTION. See "Accord and Satisfaction"; "Payment"; SAVINGS BANKS. There can be no recovery for breach of war- See "Banks and Banking," § 3. 4. Remedies of seller. Whether a sale is a sale by sample is a ques- SCAFFOLDS. Injuries to employés from defects in, see "Mas- See "Wills," § 5. SPECIFIC PERFORMANCE. § 1. Good faith and diligence. Contract for sale of realty held to have time for its essence, so that specific performance expired.-Blanchard v. Archer (Sup.) 665. See "Master and Servant," § 2; "Work and could not be enforced after time limited had Labor." In actions for conversion of moneys collected by agent, commissions earned and due to the SPLITTING CAUSES. See "Judgment," § 4. STARE DECISIS. STATE. agent held a proper subject of counterclaim. See "Courts," § 2. Benton v. Moore (Co. Ct.) 717. SETTLEMENT. See "Accord and Satisfaction"; "Payment"; "Release." By executor or administrator, see "Executors and Administrators," § 9. SEWERS. Condemnation of railroad property by city for purpose of laying sewer under tracks, see "Eminent Domain," § 1. SHERIFFS AND CONSTABLES. § 1. Compensation. Under Laws 1890, p. 936, c. 523, as amended by Laws 1892. p. 868, c. 418, § 17. subd. 2, providing for sheriff's poundage, and Code Civ. Proc. § 709, and section 3343, subd. 12, sheriff held entitled to recover poundage from plaintiff in attachment, who procured vacation and annulment of same.-O'Brien v. National Conduit & Cable Co. (Sup.) 131. § 2. Powers, duties, and liabilities. A certain execution held no protection to the officer. Consolidation Act, Laws 1882, pp. 339, 356, c. 410, §§ 1297, 1399.-Goldberg v. Mark owitz (Sup.) 1045. See "Wharves." SHIPPING. SLANDER. See "Libel and Slander." Courts, see "Courts." STATEMENT. Of plaintiff's claim, see "Pleading," § 1. STATUTES. Laws impairing obligation of contracts, see "Constitutional Law," § 1. Provisions relating to particular subjects. See "Coroners"; "Descent and Distribution"; "Discovery," § 1; "Execution," § 1; "Highways," § 1; "Insurance," § 1; "Intoxicat ing Liquors"; "Limitation of Actions"; "Mechanics' Liens"; "Municipal Corporations," §§ 2, 4, 6, 8; "Newspapers"; "Paupers," § 1; "Pawnbrokers"; "Taxation," §§ 1. 2, 4. Covenants against erection of tenement houses. see "Covenants," § 1. Defect of parties, see "Parties," § 3. Designation of parties, see "Parties." § 2. Foreign corporations, see "Corporations," § 7. Statute of frauds, see "Frauds, Statute of." Town bonds, see "Towns," § 1. 1. Repeal, suspension, expiration, and 1890, p. 936, ch. 523. Amended by Laws 1892, p. 868, ch. 418, § 17, subd. 2 131 1890, p. 1082, ch. 565, § 2 334 1890, p. 1114, ch. 565, § 104 185 1890, pp. 1195, 1205, ch. 568, 88 92, 93, 152. .1014 1890, p. 1233, ch. 569, § 842 131 162. Amended by Laws 1897, p. 619, ch. 481.. 196 1892, p. 56, ch. 36, § 2.... 534 1892, p. 317, ch. 545, § 59 334 1892, pp. 814, 816, 822, ch. 399, §§ 1, 6, 22. 1892, p. 868, ch. 418, § 17, subd. 2 1892, p. 1490, ch. 677, § 26 114 1892, p. 1491, ch. 677, § 31 783 1892, p. 1750, ch. 686, §§ 21, 22 1892, p. 1761, ch. 686, § 69 1892, p. 1761, ch. 686, § 69. Amended by Laws 1894, p. 320, ch. 163; Laws 1895, p. 530, ch. 742; Laws 1896, p. 107, ch. 178 and 121 New York State Reporter 1896, p. 797, ch. 908, § 3.. 614, 745, 826, 1107 1896, p. 797, ch. 908, § 4..1107 1896, p. 800, ch. 908, 8 6.. 745 1896, p. 800, ch. 908, § 8 826 1896, p. 801, ch. 908, § 7 84 1896, p. 864, ch. 908, § 196 341 1896, p. 867, ch. 908, § 202. Amended by Laws 1901, p. 316, ch. 132, § 189... 628 1896, p. 868, ch. 908, §§ 220, 221 255 1896, p. 871, ch. 908, § 225. Amended by Laws 1900, p. 916, ch. 382. 842 1897, p. 3, ch. 378, § 4.. 803 1897, p. 5, ch. 378, § 9. 804 1897, p. 30, ch. 378, § 96. Greater New York Charter 1897, p. 35, ch. 378, § 118. Greater New York Charter 407 24 1897, p. 152, ch. 284. 783 1892, p. 1805, ch. 687. Amended by Laws 1901, p. 1326, ch. 538.. 869 334 478 .1104 276 842 1898, p. 1497, ch. 643, § 59a 1899, p. 351, ch. 192. 1899, p. 1589, ch. 712. 1900, p. 372, ch. 166. 1900, p. 916, ch. 382. 1900, p. 933, ch. 400, § 19 407 1901, p. 109, ch. 466, § 255. Greater New York Charter 1901, p. 129, ch. 466, § 302. Greater New York Charter 1901, p. 316, ch. 132, § 189 1901, p. 346, ch. 466, § 817. Greater New York Charter 144 .1017 628 1094 .1122 .1122 842 1901, p. 372, ch. 466, § 862. Greater New York Charter 886 856 123 1897, p. 160, ch. 378, § 458. Greater New York Charter 1897, p. 234, ch. 312, § 31 660 1897, p. 401, ch. 414, § 103 614 1897, p. 402, ch. 414, § 105 615 1897, p. 404, ch. 414, § 110 614 1897, p. 467, ch. 415, § 18 261, 1006 1897, p. 468, ch. 415, § 20. Amended by Laws 1899, p. 351, ch. 192. 478 1897, p. 477, ch. 415, § 70 911 1897, p. 480, ch. 415, § 81 911, 998 1897, p. 485, ch. 378, § 1364, subd. 1. Greater New York Charter... 704 1897, p. 517, ch. 418, § 7 465 1897, p. 537, ch. 378, § 1536. Greater New York Charter 1901, p. 426, ch. 466, § 1001. Greater New York Charter 1901, p. 637, ch. 466, § 1543. Greater New York Charter .856, 857 1901, p. 642, ch. 466, § 1554. Greater New York Charter 1901. p. 655, ch. 466, 831 1615. Greater New York Charter 856 869 ch. 482 ..1031 628 1901, p. 1319, ch. 535. 1901, p. 1326, ch. 538. 1901, pp. 1560, 1583, 580, 88 239, 326. 1902, p. 1748, ch. 600. 1902, p. 461, ch. 172. 1902, p. 1490, ch. 589, § 3 44 1902, p. 1519, ch. 580, § 90 538 1902, p. 1535, ch. 580, § 145 1902, p. 1557, ch. 580, § 231 |