1 The authority for taking land or material for the use of the State under 1 R. S., 220, $26, is not impaired by the fact that the State intended to, or had let the work to be done by contract, nor by the fact that the contractors were to furnish the materials. Ten Broeck et al. v. Sherrill et al. 442 2 Where the engineer, by direction of the canal commissioner, laid out certain land for the use of the State, and made and filed a map designating it, and the State afterwards takes possession of and uses such land. Held, That such acts constituted an appropriation of the land. Id. 1 An agreement between a mortgagor and a mortgagee of chattels that the former may retain possession of the property, and sell it, and pay over the proceeds to apply on the mort gage debt, will not render the mortgage fraudulent per se. Under such an agreement, the bona fides of the transaction becomes a question of fact for the jury. Dolson v. Saxton. 126 2 An agreement between a mortgagor and mortgagee of chattels that the mortgagor may sell a portion of the property mortgaged and use the proceeds as his own, renders the entire mortgage void. In re Burrows. 137 3 A chattel mortgage, given to secure the present and future indebtedness of the mortgagor to the mortgagee, is valid as between the parties thereto; and, when free from fraud, is valid as to creditors. Brown et al. v. Kiefer. CHECKS. 485 1 No liability is established against a drawee A check has been said to be a bill of exchange of a check unless there is an acceptance of it. payable on demand. Risley v. The Phonix Bank. 33 2 A bank check, general in form, will not operate as an equitable assignment of the money in the bank or other place of deposit. In order to have this effect it must specify a particular fund upon which it is drawn. In re Merrill. Atty. Gen. v. Continental Life Ins. Co. 461 3 The fact that a receipt in full of all demands upon a policy held by payee was indorsed upon the back of the check, which the payee was to sign in indorsing it, does not affect the question. Id. 4 While the mere giving of a check is not per se a transfer to the payee of any of the drawer's funds, yet where the check is certified by a bank, the bank becomes liable for the amount of the check and bound to retain so much of the drawer's funds as are necessary to pay it. Freund et al. v. The Importers & Traders' Bk. 481 ་ 5 A valid title to an unindorsed check as a chose in action may be created by delivery thereof by the payees without indorsement. Id. 6 Although its consideration may have been illegal, a check is valid in the hands of a bona fide holder for value before it is dishonored, and without notice. Cowing v. Altman. 516 7 The date of a check is only presumptive evidence of the time it was issued; it has no inception until its delivery, and this may be proved. CIVIL DAMAGE ACT. Id. sponsible for the enhanced value over the cost of reproducing the securities, Quære. ld. 3 The owner of a vessel which has been chartered for a voyage by another party, but which is manned, equipped and sailed by him, is liable to a shipper for the safe carriage of freight for the voyage; but where the freight is delivered by the shipper to the charterer, who turns it over to the master, and is by the master delivered to the consignees of the charterers, such delivery is sufficient to excuse the general owners from liability for loss. Robinson v. Chittenden et al. 40 4 Where a common carrier gives a receipt lim1 Where a husband became intoxicated. and iting its liability to a specific sum, if the value by reason thereof upset a wagon seat on which of the goods is not stated, the disclosure of his wife was seated, thereby throwing her to the value is a condition precedent to the atthe ground and injuring her. Held, That the taching of any liability to the carrier for mereintoxication was the proximate cause of the ly ordinary neglect unaccompanied by any injury. Relyea v. Norris. 343 misfeasance or wilful act. Magnin et al. v. Dinsmore. 104 2 An action under the Civil Damage Act may be maintained, although the liquor was sold under a valid license. Id. 3 Compensation for the pain endured may be included in the assessment of damage. Id. 4 Where it appeared that plaintiff's husband, who was the sole support of a family, became injured while in a state of intoxication, so that he was unable to labor for some time, during which plaintiff was destitute, and suffered for want of food and fuel. Held, Sufficient to establish the fact that plaintiff had been injured in person, property and means of support within the meaning of the Civil Damage Act. Quain v. Russell. 546 5 A license from the Board of Excise to sell CLOUD UPON TITLE. COMMISSIONERS OF DEEDS. Id. 7 Payment of freight money for goods cannot be demanded of a consignee, or he be sued therefor, until they are discharged, ready to be com. pletely delivered to him. Notice of the readiness of the master to deliver, and not knowledge of the vessel's arrival and that she is discharging, is the operative fact for maintaining an action against the goods or consignee for non-payment of freight. Delivery and receipt Dunham, exrx., et al. v. 1255 Vitrified Pipes et of the freight are simultaneous acts. al. 194 10 When the bill of a lading of goods shipped by canal-boat provides that the goods shall be held on the boat for ninety days after arrival, at a stipulated compensation, if the consignee so elects, the liability of the owner of the boat as a carrier ceases on the arrival of the boat at its destination with its cargo in good order ready for delivery, and notice to the consignees and their election not to remove the cargo. Putnam v. Furman et al. 314 11 The bill of lading is competent evidence against the consignees. id. 12 A stock release does not release a railroad company from liability for a loss resulting from its own negligence or that of its employees. Mynard et al. v. The S., B. & N. Y. RR. Co. 432 9 Where a corporation had a right to lay its 13 Common carriers of animals are excused tracks in the streets of a city prior to January from liability for loss caused by inherent quak-1, 1875, such right was not affected by the conties of the animals, but beyond this their stitutional amendment which then took efcommon law liabilities exist the same as against fect. carriers of other property. Id. Id. 10 A statute will not be declared invalid unless there has been a clear and substantial departure from the provisions of the fundamental law. Id. 12 Where a statute was passed by the Legislature of a State relieving particular persons or 1 Where one person conspires with others to defraud a party and induces him to part with his property on the credit of one who is insol-particular articles from taxation. Held, That vent, he is liable for the damages sustained by the party defrauded. Morehouse et al. v. Yeager. 342 CONSTITUTIONAL LAW. 1 The Legislature may legalize the irregular or even void acts of commissioners appointed to condemn lands for public use. The People ex rel. Kilmer v. Cheritree. 65 2 Under $ 12, Art. 14 of the Constitution, the Legislature has power to abolish courts held by justices of the peace in cities. The People ex rel. White v. Common Council, &c. 70 3 Chapter 196, Laws of 1876, establishing the Municipal Court of the City of Rochester, and thereby in effect abolishing the office of justice of the peace in said city, is constitutional. Id. 4 The General Rapid Transit Act is constitutional. The validity of a law which is required to be general, and which is general in its terms, does not depend upon the number of subjects upon which it can operate, or upon the size of a class to which it applies. In re Petition of the N. Y. Elevated RR. Co. 243 5 The phrase "due process of law," in the 14th Amendment to the U. S. Constitution, does not mean by a judicial proceeding. McMillen v. Anderson. 245 6 A statute which recognizes the right of the tax payer to enjoin its collection, is due process of law, although it requires that the applicant for injunction shall give security. Id. 7 The Statute of Michigan, requiring every negotiable instrument given for the right to make, use or vend any patent invention, to have legibly written or printed on its face the words, given for patent rights," and providing that such instruments shall be subject to the same defenses in the hands of every holder as exist against the original holder, and making it a misdemeanor to knowingly sell a note given for such purpose and not so inscribed, is unconstitutional and void. Uranson v. Smith. there was not a violation of the Act of Congress in relation to the taxation of the shares of stock in national banks. Adams et al. v. The Mayor, &c. 365 13 Chapter 482, Laws of 1862, and Chapter 422, Laws of 1863, are not in violation of the Constitution of the U. S. King et al. v. Greenaway et al. 535 114 3 The Act of 1832 (4 R. S., 454) has been superseded by 120 and 397 of the Code of Procedure. Alexander v. Dutcher et al. 4 A clause in a charter providing that all persons appointed thereunder shall, unless otherwise provided, hold during the pleasure of the person or body by whom they were appointed, applies only to officers appointed under the act. The People ex rel. Donohue v. French. 298 2535 The title of a local or private act is a part of the act, and bears upon its meaning and purpose. The People ex rel. Cooke v. Wood. 579 See CEMETERIES; COUNTY TREASURERS, 2. CONTEMPT. 1 In order to support a conviction for contempt of an injunction in proceedings supplementary to execution, the legal title to the property, the transfer of which forms the contempt, must be proven to be in the accused. Dean v. Ilyatt. 67 2 A party cannot be punished for contempt in not delivering property to a receiver where the judgment appointing such receiver does require such delivery. McKelry v. Lewis. 202 3 In such cases an order will not be granted requiring delivery; the proper practice is to move to amend the judgment. Id. 4 On an attachment for contempt, where the act or omission constituting the contempt is admitted, interrogatories need not be filed. The People ex rel. Childs v. Cartwright. 259 4 Persons undertaking to perform services requiring a high degree of skill are required to possess such skill as is commensurate with the undertaking, and are responsible for any damages resulting from a want of such skill. Kellam, exrx., v. The Mayor. 17 5 Agreement by one party to buy and the other to sell, or one party to sell and the other to buy stocks at a specified price at a future day, where neither party intends to deliver or accept the shares, but merely to pay differences, according to the rise or fall of the market, are contracts for gaming, and void. Yerkes et al. v. Salomon. 29 6 Defendant sold a cow to one Carey, the purchase price to be paid in manure at a stipulated price, and delivered it to plaintiff as agent; subsequently, defendant took said cow from plaintiff's possession. Held, That the contract of sale was thereby rescinded, and plaintiff, as assignor of the claim, is entitled to recover for the manure delivered. Cook v. Reynolds. 79 7 An executory contract for the sale of stocks or goods at a fixed price is valid, although the vendor neither owns them nor has them in possession when the contract is made. Bigelow v. Benedict. 82 8 But an optional contract for the sale of property, when there is no intention on the one side to sell and deliver, or on the other to buy and take, but merely that the difference shall be paid according to the fluctuation in market values, is a wager, and void. Id. 9 In an action to recover the contract price of goods manufactured to order, where the defence is that they were not delivered in time and were defective in quality, the onus is upon the plaintiffs to establish the contract and show a performance on their part, or an acceptance by defendants, and also to establish the fact that the goods were of the quality called for by the contract. Bullou et al. v. Parsons et al. 171 furnish the funds, and bear the loss, if any, 187 14 Each party is liable to the other for losses 15 A sale of the stock by one of the parties in other, for which there is no consideration, is 25 Where one, acting on the faith of a promise, 26 Injury to a promisee is a good consideration, 27 Although a contract for the sale of personal 16 An agreement between two parties to refer 20 Where a mutual mistake is made by the parties to a real estate contract, and deed 299 21 A contract between owners of adjoining lots that they shall be reserved for first-class dwell- 23 Where, after the execution of a contract, 363 payment by the lessee, for goods delivered 29 In order to sustain an action in equity for 407 31 Where the time of performance of a written contract has been extended by an instrument A advances the amount due on a contract for 34 An agreement to pay for honest services, 24 A parol agreement to pay the debt of an- lation, is founded upon a good and sufficient |