16. Upon a sale of hides by the plaintiffs to the defendant, through a broker, the bought and sold note was as follows: "New York, Feb. 19, 1859. Sold for account of D. G. and W. B. Bacon, to Mr. W. W. Gilman, 4045 Singapore and Penang Cow Hides, per Samuel Appleton. No allowance except for sea damaged. Price 12 cents per pound, cash." Held, that the contract was for the purchase of all the hides, at the price of 12 cents per pound, subject to a deduction from the price, at the usual and fair rate, for any of the hides that were sea damaged. Bacon v. Gilman, 640 3. Where, in an action upon a promissory note, tried in a justice's court, the defendant, under an answer of denial and payment, offered to prove that the debt on which the note was founded had been paid to the creditor, before the making of the note in suit; Held that under the rule for the liberal interpretation of pleadings in justices' courts, the answer was sufficient to authorize the admission of the evidence offered, even if an answer setting up new matter were necessary. ib See EQUITY, 1, 2. 2. Accordingly held that evidence of ASSESSMENTS. ib It was the intention of the legisla ture, by the act of 1813, (Valentine's Laws, p. 1252, ý 178,) to make the confirmation of the report of commissioners of estimate and assessment when lands are taken for a park, &c., as they have declared it to be, final and conclusive in reference to their proceedings, as between the commonalty of New York, and all persons whomsoever, in reference to the land taken, and the estimate and assessment made and imposed. Matter of the Commissioners of the Central Park, 132 1. Although the omission to advertise for bids or sealed proposals for cross-walks to be laid or relaid, when such cross-walks are embraced in the resolution of the common council for paving an avenue, is a legal irregularity, under the act of 1858, (Laws of 1858, ch. 338,) yet under the provisions of section 27 of the act of 1870, chapter 383, it is not necessarily fatal to the assessment; as the assessment may be modified, by deducting therefrom the 9. The object of notice of publication amount of the unlawful increase. Matter of McCormack, 128 8. All persons are thus advised that, being given the opportunity to be heard, they must appear, and by objection either made before the commissioners or submitted to the Supreme Court, protect whatever rights are invaded or jeopardized. ib would be defeated if the abstract of the awards of the commissioners could not be altered; and although an award is made to a particular individual, in the first instance, he will not be justified in relying upor: the entry of such award, and the abstract of the report. It is his duty to see, if he means to rely upon the report as originally prepared, that it is not, at the instance of any subsequent claimant having even an apparent title, altered to his prejudice. ib ing the amount upon each lot, if necessary; although it would be better to assess each lot by itself. ib 17. When objections are made by a person assessed, to an assessment for a local improvement in the city of New York, and are disallowed by the assessors, it is the duty of the assessors to present such objections, with the assessment, to the board of revision, for the purpose of enabling that board to correct the errors, if any, of the assessors. Matter of Dunning, 877 18. And an omission by the assessors to submit such objections to the board of revision is an "irregularity" in "the proceedings relative to an assessment," within the meaning of the statute of 1858, in relation to "frauds in assessments for local improvements in the city of New York," (Laws of 1858, ch. 338, ý 1,) which authorizes an application to a judge of this court, to vacate the assessib ment. See CONSTITUTIONAL LAW, 1. 2, 3. CORPORATIONS. 13. Where an ordinance of the common council of the city of New York directed an avenue to be curbed and guttered, and the sidewalks to be flagged, without directing that new flagging should be used; Held that For it was no objection to the assessment that a part of the old flagging was relaid, and the old curb reset, the expense of the labor, only, being charged. Matter of Anderson, 375 14. Nor is it an objection to the assessment that the lots are charged for the work done opposite each lot, while the expenses are charged on all the property, per foot, equally. ib 15. Although the street directly in front of a lot may not require much expense to bring it to the grade, still the lot may be very much benefited by the grading beyond it; and the assessors are to judge of the extent of such benefit. Per INGRAHAM, J. ib 16. The objection that more than one lot, owned by the same person, is included in one assessment, is not a valid ground for vacating the same; provision being made for apportion MUNICIPAL CORPORATIONS, 2, 3, 4, See ASSESSMENTS, 1, 2, 8, 13, 14. B BAIL. See CRIMINAL LAW, 1, 2. 1. The consent and approbation of a justice of the Supreme Court required by the act of April 12, 1848, "for the incorporation of benevolent, charitable, &c., societies," to the certificate of organization of a society under that act, although necessary, like the acknowledgment before a commissioner, is not conclusive upon the Secretary of State, nor upon the court, upon the question whether the association, as its objects are stated in the certificate, is within the authority and meaning of the statute. The People, ex rel. Blossom v. Nelson, 159 2. An association formed under that act, to provide a "relief fund," and "to aid persons of moderate pecuniary resources in obtaining from a respectable insurance company insurance on their lives, and in maintain creditor's suit brought to reach the | COMMISSIONERS OF HIGHWAYS. assets of a foreign corporation. 1. Where a chattel mortgage contained a power to the mortgagee, in case of default in payment, to take possession of the property, and sell the same, and after deducting all expenses, to apply the proceeds in payment of the debt; and in case he should at any time deem himself unsafe, that he might take possession of the property and sell the same at public or private sale, before the day of payment; Held that on default in payment at the day, the mortgagee might sell the property at private sale, without notice to the mortgagor; and that if the sale was fair and bona fide, the right of the mortgagor to redeem was foreclosed. Ballou v. Cunningham, 425 See HIGHWAYS, 1, 2, 3, 4, 5. COMMON SCHOOLS. 1. The expenses of actions commenced or defended by the trustees of a school district, without a previous resolution of the district, and for which expenses, notwithstanding the want of a previous resolution, an assessment may be made upon the district by a vote of the inhabitants at a district meeting, or on appeal from their refusal, to the county judge, under sections 9 and 10 of title 13 of the act of 1864, "to revise and consolidate the general acts relating to public instruction," do not embrace penalties, which are expressly excluded from the operation of section 8. The People ex rel. Gilpatrick v. Hatch, 228 Hence an appeal does not lie to the county judge from the refusal of a school district meeting to vote a tax to reimburse a trustee for the costs and expenses of an action brought by him, against a pupil, to recover the penalty imposed by the 3d section of said title, for disturbing the school. it 2. In a bill to redeem, an offer to pay whatever may be found due upon the mortgage, or a tender of the amount which the plaintiff concedes to be due, are indispensable. Without one or the other of these, the complaint does not set forth a cause of action. Silsbee v. Smith, 372 See PHYSICIANS AND SURGEONS, 7. |