WILLIAM B. HARRIS CO., Appellant, v. KIRCHOFER et al., Respondents. (Supreme Court, Appellate Term. June 1, 1906.) Appeal from Municipal Court, Borough of Manhattan, Second District. Action by the William B. Harris Company against Louis P. Kirchofer and another. From a judgment for defendants, plaintiff appeals. Reversed and remanded. Alfrd R. Bunnell, for appellant. Maurice M. Greenstein, for respondents. PER CURIAM. In affirming this judgment we were led to believe that the admission in the answer by the defendants of a liability to the plaintiff and a tender of the admitted amount due had been followed up by a payment of such amount into court. It now appears that such was not the fact, and therefore the judgment should have been reversed. Judgment reversed, and new trial ordered, with costs to appellant to abide the event. WILLIAMS, Respondent, v. VAN NORDEN TRUST CO., Appellant, et al. (Supreme Court, Appellate Division, First Department. June 25, 1906.) Appeal from Special Term, New York County. Action by Oliver Williams against the Van Norden Trust Company, as assignee for the benefit of creditors of James Clark and another, impleaded with others. From an order directing that, on payment by plaintiff to defendant of the sum of $50, the action should be discontinued without payment of further costs, defendant appeals. Modified and affirmed. E. W. S. Johnston, for appellant. Robert L. Luce, for respondent. PER CURIAM. PER CURIAM. Judgment and order affirmed, with costs. See opinion of Spring, J., in same case on former appeal, reported in 107 App. Div. 99, 94 N. Y. Supp. 1090. KRUSE, J., dissents. WITMARK et al., Respondents, v. J. B. SPARROW THEATRICAL CO., Appellant. (Supreme Court, Appellate Division, First Department. May 25, 1906.) Action by Marcus Witmark and others against the J. B. Sparrow Theatrical Company. S. G. Gibboney, for appellant. N. Burkan, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. WOODMANCY, Appellant, v. WOODMANCY et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. May 9, 1906.) Action by John C. Woodmancy against Hiram Woodmancy and others. No opinion. Judgment affirmed, with costs. WOOD & BROOKS CO., Respondent, v. SCHLEICHER, Appellant. (Supreme Court, Appellate Division, Fourth Department. May 9, 1906.) Action by the Wood & Brooks Company against George Schleicher. PER CURIAM. Order affirmed, with $10 costs and disbursements. WILLIAMS, J., not voting. WORTHINGTON et al., Appellants, v. CITY OF NEW YORK et al., Respondents. (Supreme Court, Appellate Division, First Department. April 20, 1906.) Action by Henry R. Worthington and another against the city of New York and others. M. Weiman, for apT. Connoly, for respondents. pellants. opinion. Order affirmed, with $10 costs and dis bursements. Order filed. Νο (Supreme Court, Appellate Division, Third DeYOUNG, Respondent, v. HYDE, Appellant. partment. May 18, 1906.) Action by Mary S. The order appealed from Young, a stockholder and policy holder against should be modified by permitting the plaintiff James' H. Hyde, impleaded. No opinion. Moto discontinue on payment to the defendant of tion for leave to go to Court of Appeals grantthe costs and disbursements of the former ap-ed, and questions certified as follows: (1) Does peal herein (93 N. Y. Supp. 821), the disbursements in the action, and $10 costs and disbursements of this appeal. As so modified, the order should be affirmed. WILLIAMSON v. RANDOLPH. (Supreme Court. Appellate Division, First Department. April 20, 1906.) Action by Harry L. Williamson against Lewis V. F. Randolph. No opinion. Application granted. Settle order on notice. WILSON, Appellant, V. NEW YORK MILLS, Respondent. (Supreme Court, Appellate Division, Fourth Department. May 9, 1906.) Action by Louisa M. Wilson, as, etc., against the New York Mills. the complaint state facts sufficient to constitute a cause of action? (2) Are causes of action improperly united as alleged in defendant's demur rer? YOUNG v. INTERNATIONAL RY. CO. (Supreme Court, Appellate Division, Fourth Department. May 9, 1906.) Action by Martha Young against the International Railway Com pany. PER CURIAM. Plaintiff's exceptions overruled, motion for new trial denied, and judgment ordered for the defendant on the nonsuit, with costs. WILLIAMS, J., not sitting. END OF CASES IN VOL. 99. INDEX. ABANDONMENT. ACCOMPLICES. Of water rights, see "Waters and Water Testimony, see "Criminal Law," § 3. ABATEMENT. Pleas in abatement, see "Pleading," § 3. ABATEMENT AND REVIVAL. Election of remedy, see "Election of Remedies." Substitution of parties, see "Parties," § 2. 1. Another action pending. 2. Transfer ог devolution of title, 3. Death of party and revival of ac- tion. Under Code Civ. Proc. §§ 121, 757, 758, 760, *Under Code Civ. Proc. § 764, where a ver- *Under the express provisions of Code Civ. 432. ABUTTING OWNERS. Assessments for expenses of public improve- ACCEPTANCE. ACCORD AND SATISFACTION. See "Compromise and Settlement,"; "Payment"; *Facts held not to constitute accord and sat- satisfaction precluding a seller from a recovery ACCOUNT. See "Account Stated." Accounting between partners, see "Partnership," Voluntary dismissal, see "Dismissal and Non- ACCOUNT STATED. *Matters held not such that an account stated ACKNOWLEDGMENT. Operation and effect of admissions as evidence, ACTION. Abatement, see "Abatement and Revival." Of bill of exchange, see "Bills and Notes," § 1. Malicious actions, see "Malicious Prosecution." 99 N.Y.S.-73 and 133 New York State Reporter Pendency of action, see "Abatement and Re- | Enforcement or foreclosure of lien, see "M vival," § 1; "Lis Pendens." Survival, see "Abatement and Revival," § 3. Actions between parties in particular relations. See "Landlord and Tenant," § 3; "Master and Servant," §§ 1, 2, 10. Partners see "Partnership," §§ 2, 5. Actions by or against particular classes of parties. See "Brokers," §§ 2, 3; "Carriers," §§ 2-8; "Corporations," §§ 5, 8; "Executors and Administrators,' § 8: "Guardian and Ward," § 1; "Husband and Wife," § 1; "Infants," $3; "Master and Servant," § 11; "Municipal Corporations"; "Principal and Agent," § 3: "Railroads," § 1; "Street Railroads," § 2. Banks, see "Banks and Banking," § 3. Corporate officers, see "Corporations," § 3. Stockholders, see "Corporations," § 2. Trustees, see "Trusts," §§ 3, 6. Particular causes or grounds of action. See "Account Stated"; "Bills and Notes," §§ 1, 5; "False Imprisonment," § 1; "Fraud,' §1; "Guaranty," § 2; "Insurance," $$ 2, 5, 6; "Libel and Slander," § 3; "Malicious Prosecution," § 3; "Money Paid,"; "Money Received"; "Negligence," § 3; "Trespass"; "Trover and Conversion," § 2. Breach of contract, see "Contracts," § 6; "Vendor and Purchaser," § 5. Breach of warranty, see "Sales," § 6. Deficiency on foreclosure of mortgage, see "Mortgages," § 1. Discharge from employment, see "Master and Servant," § 1. Loss of or injury to shipment, see "Carriers," §§ 2, 3. Personal injuries, see "Carriers," §§ 6, 7; "Gas"; "Master and Servant," §§ 10, 11; "Municipal Corporations"; "Railroads," § 1 "Street Railroads." § 2. Price of goods, see "Sales," § 5. Recovery of tax paid, see "Taxation," § 3. Particular forms of action. See "Replevin"; "Trespass," § 1; and Conversion." Particular forms of special relief. see "Trover See "Creditors' Suit"; "Divorce"; "Injunction"; "Interpleader" ; "Specific Performance." Alimony, see "Divorce," § 1. Dissolution of partnership, see "Partnership," § 5. chanics' Liens," §§ 2. 3. Establishment and enforcement of trust, sed "Trusts," § 6. Establishment of boundaries, see "Boundaries,” § 1. Establishment of will, see "Wills," § 4. Foreclosure of mortgage, see "Mortgages," §3. Setting aside fraudulent conveyance, see "Frardulent Conveyances." § 1. Supplementary proceedings, see "Execution," § 3. See Particular proceedings in actions. "Appearance";. "Costs"; "Damages"; "Depositions"; "Dismissal and Nonsuit"; "Evidence"; "Execution"; "Judgment": "Jndicial Sales"; "Limitation of Actions"; "Parties"; "Pleading"; "Reference"; "Stipulations"; "Trial"; "Venue." Bill of particulars, see "Pleading," § 6. Revival, see "Abatement and Revival," § 3. Particular remedies in or incident to actions. See "Arrest," § 1; "Attachment"; "Discor ery"; "Garnishment"; "Injunction"; "ReNotice of pendency of action, see “Lis Penceivers." dens." Where, in an action by a stockholder and policy holder in an insurance company, the only cause of action stated rested on the ground allegation that she was also a policy holder did that plaintiff was a stockholder, the further not result in an improper joinder of causes of action. Young v. Equitable Life Assur. Soc. (Sup.) 446. In an action by a stockholder against the directors to recover sums claimed to be due the corporation, causes of action held not improper ly joined.-Young v. Equitable Life Assur. Soc. (Sup.) 446. *A contract held indivisible, so that an action thereon could not be split up.-Howard v. Huater (Sup.) 542. ACTION ON THE CASE. ADEQUATE REMEDY AT LAW. Effect of other remedy on right to relief by pro- ADJOINING LANDOWNERS. See "Boundaries." bridge by adverse possession.-Staples v. Corn- ADVERTISEMENT. Construction of contract for, see "Contracts," Measure of damages for breach of contract for, Liability for negligence in excavating, see "Neg- Official newspapers, see "Newspapers." Of estate of decedent, see "Executors and Ad- See "Arrest," § 1; "Attachment," § 5. Of trust property, see "Trusts," § 3. ADMISSIONS. As evidence in civil actions, see "Evidence," ADOPTION. Adoption of minors held regulated solely by For change of venue, see "Venue," § 1. 3. AFTER-ACQUIRED PROPERTY. Rights of trustee in bankruptcy as to property AGENCY. Absence of adoption papers from office where See "Principal and Agent." they ought to be raises the presumption that Evidence held insufficient to raise presumption AGREEMENT. ALIENATION. that adoption papers had been filed in county See "Contracts." Evidence held insufficient to raise presump- There is no presumption that children living See "Food." ADULTERATION. ADVANCES. By landlord to tenant, see "Landlord and Ten- ADVERSE POSSESSION. See "Limitation of Actions." Acquisition of rights, see "Easements," § 1. 1. Nature and requisites. *One constructing and maintaining a bridge Suspension of power of alienation of property, ALIENS. Escheat, see "Escheat." ALIMONY. See "Divorce," § 1. ALLOWANCE. Of claims against estates. of decedents, see To surviving wife, husband, or children of ALTERATION OF INSTRUMENTS. *In a claim against a decedent's estate, the |