SLANDER-Malicious Prosecution-Same cause of action-Practice. SPURIOUS STOCK, Issue of--Burden of Proof-Evidence-Corpo- STATE PRISON AGENT, Powers of-Debts against State-Set-off. STATUTE OF FRAUDS Trustee.] A party purchasing and He becomes a trustee and holds for the benefit of the party under his agreement. 110.] SANFORD V. NORRIS LIMITATIONS Administrator's power, Code, § A payment upon a note of the intestate barred by the Statute of Limitations during his lifetime, by his administrator, does not take the same from under the statute. The administrator has no authority to bind the estate by any such implied or express promise. MCLAREN v. McMARTIN Equity See EQUITY. USES AND TRUSTS-Personal Property.] The Statute of Uses and Trusts respecting lands, does not apply to BROWN V. VAUGHAN 2 R. S., 114, § 9 348 22 SEE EQUITY. STOCK, BANK, Assessment on-No Reduction for debts-Laws 1866, Chap. 761 See ASSESSMENT. SPURIOUS, Issue of- Burden of Proof- Evidence-Cor 96 STREET, LEAVING POST-HOLES IN, open at night—Negligence 263 See NEGLIGENCE. 2. LOTS SOLD BY MAP are bounded by Centre of. OPENINGS-Commissioners' Report· Conclusive when?] KING V. MAYOR OF NEW YORK. SUFFICIENT NOTICE to Endorser of Promissory Note, What 2. SUSPENSION OF INSURANCE to secure Bottomry Loan See INSURANCE. SUPREME COURT, POWERS OF-Appeal-Referees-Laying out See LAYING OUT HIGHWAY. SURETIES NOT RELEASED by addition to Fund in charge of Commissioners See ADDITION TO FUND. TAXATION OF COSTS-Mandamus-Correction of Case-Appeal 5. TAX-PAYERS, TOWN, ASSENT OF, to Bonds-Laws 1852, Ch. 375 TAX-SALES OF LAND-Invalid if Information refused.] Where land But if such officer has already given the necessary information by furnishing a bill of the amount to be paid, his refusal to furnish a second bill is not of itself evidence of official neglect. VAN BENTHUYSEN V. SAWYER TIME OF CONSUMMATION OF CONTRACT-Letter or Telegram 2. OFFER Costs-Code, § 385 See COSTS. 2. TITLE-Damages to Real Estate-Evidence See EVIDENCE. 2. TOWN TAX-PAYERS, ASSENT of, to Bonds-Laws 1852, Ch. 375 TREATMENT, CRUEL-Condonation-Cohabitation See CONDONATION. TRESPASSER BUILDS—Building passes with Realty, when.] If a TRESPASS-Life Estate-Lease-When action maintainable. TRUSTEES-Statute of Frauds See STATUTE OF FRAUDS. PAGE 19 209 160 109 206 TRUSTEE'S PURCHASE OF TRUST PROPERTY in good faith.] It is well settled that a person standing in a fiduciary relation to another cannot, in such relation, be allowed to purchase the property in respect to which such relation was created, or exists. Thus, an agent cannot purchase for himself the property of his principal, as assignee for the benefit of creditors the property of his assignor, &c. Nor can a trustee purchase the property of his cestui que trust. On setting aside an assignment accepted by the trustees in good faith, their sales under it will be ratified, and they will be indemnified in respect to all bonâ fide transactions thereunder. COLBURN v. MORTON USES AND TRUSTS, Statute of-Personal Property See STATUTE OF USES AND TRUSTS. USURY a Personal Defence.] Usury is a personal defence, and can be made available only by the borrower, not by third parties. And none but a party to a usurious contract, or his heirs, devisees, or personal representatives, can avoid a usurious contract on account of usury. CHAMBERLAIN v. DEMPSEY VALUE OF MASTER'S INTEREST, not special See MASTER'S INTEREST. WHEN APPEAL DETERMINED SUFFICIENT See APPEAL. 4. PAGE 257 172 WILL-Leases in Fee- Words of Perpetuity.] Where the introductory clause of a will is as follows, " And as for that worldly estate wherewith it hath pleased God to bless me, I dispose of as follows," it may be deemed to be the intention of the testator to dispose of all his estate by the will; so that a subsequent devise without words of perpetuity, may convey a fee, when there is a residuary clause in the will as to personal estate. But where there is no residuary clause, either as to land or personal estate, and the devise has respect to land alone, it may be otherwise. VANDERZEE v. VANDERZEE |