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and 114 New York State Reporter
$ 8. Liabilities
administration |

Decree releasing surety of administratrix en- New York City Sanitary Code, & 63, held dot
tered on filing new bond and an account of her to prohibit the mere possession of adulterated
proceedings.-In re Sogaard's Estate (Sur.) 379. milk.-People v. Timmerman (Sup.) 285.

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See "Libel and Slander," $ 3.

Of lien, see "Mechanics' Liens," $ 3.

Of mortgage, see "Mortgages," $ 1.

8 1. Nature and extent.

A seat in a stock exchange is not exempt, See “Corporations," $ 6.
under Code Civ, Proc. $ 1391, as working tools
of the member.-Leggett v. Waller (Sup.) 13.


See "Courts," § 3.
In civil actions, see "Evidence," $ 9.


Probate or record, see "Wills," $ 3.
See “Carriers," § 1.


Of insurance, see "Insurance," § 7.
See "Costs," 2.


See “Judgment," 88 5, 6.
See “Brokers.”


See "Ejectment”'; “Replevin"; "Trover and

§ 1. Civil liability.

Complaint in action for_false imprisonment
held insuflicient.-Pease v. Freiwald (Sup.) 402. See "Fraudulent Conveyances."

A complaint for wrongful arrest is demurrable, In making contract, see “Contracts," $ 1.
where it fails to allege detention and damage. In procuring deed, see “Deeds," $ 2.
-Pease v. Freiwald (Sup.) 402.


§ 1. Sales of goods.
Allowance to administrator, see "Executors and A partial delivery of goods held to have been
Administrators,” $ 3.

made, so as to take the case out of the statute

of frauds.-Bristol v. Mente (Sup.) 52.

§ 2. Requisites and sufficiency of writ-

Assignment, see “Assignments," § 1.

If an owner of goods signs an agreement to

sell, and delivers it to the buyer, and he agrees

by parol to buy on the terms, there is a bind-

ing contract.-Bristol v. Mente (Sup.) 52.
See “Municipal Corporations," § 3.

The terms of the contract of sale may be de

rived from letters to third persons.-Bristol v.

Mente (Sup.) 52.

In order to satisfy the statute of frauds, it
Caused by operation of railroad, see "Railroads," is unnecessary that the terms of a contract of
§ 1.

sale be contained in a single instrument.-Bris-

tol v. Mente (Sup.) 52.
See "Waters and Water Courses," § 1.

FOLLOWING TRUST PROPERTY. By bankrupt, see "Bankruptcy," $ 1.

By mortgagor of chattels, see "Chattel Mort-
See “Trusts," $ 6.

gages," 8 1.



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§ 1. Remedies of creditors and purchas-

In an action under Code Civ. Proc. $ 1871, to See "Indictment and Information."
set aside a transfer of property from husband
to wife as in fraud of creditors, evidence tending
to show a valuable consideration held improperly

excluded.-Fitzpatrick v. Fox (Sup.) 677.

See “Principal and Surety."

8 1. Criminal responsibility.

Information for allowing rooms to be used § 1. Accounting and settlement.
for gaming, in violation of Code Cr. Proc. $ Where an infant was not made a party to a
148. held sufficient.–People v. Wyatt (Sup.) proceeding between his guardian and his de-
198; Same v. O'Brien, Id.

ceased guardian's administrator, to settle such

deceased guardian's accounts as such, the in-

fant was not bound by such settlement.-In re

Turner (Sup.) 573.
See "Attachment"; "Execution."

§ 1. Persons and property subject to

In civil actions, see "Appeal," $ 7.
The right of the legal holder of a tontine policy
to exercise certain options after the expiration
of the tontine period is neither a “cause of ac-

tion," a "demand," or "property," on which a See "Food."
lien'may be acquired by attachment under Code Department of city, see “Municipal Corpora-
Civ. Proc. $8 648, 649.-Columbia Bank v. Eq-

tions," $ 3.
uitable Life Assur. Soc. (Sup.) 428.

Where a tontine policy provided that it should $1. Regulations and offenses.
have no surrender value until the expiration of

In the absence of proof that fresh refuse
the tontine period, on October 8, 1888, an at- from a sanitarium for consumptives was more
tempted levy on that date was premature.— dangerous than like refuse from other places, a
Columbia Bank v. Equitable Life Assur. Soc. village board of health had no power to pro-
(Sup.) 428.

hibit defendant from collecting such refuse and

conveying it through the village.-People v.

Van Fradenburgh (Sup.) 834.
Validity of act prohibiting charge for rental of
meters as confiscation of property without

due process of law, see "Constitutional Law,"
8 1.

In foreclosure, see "Mortgages," $ 1.
The transportation corporations law (Laws
1890, c. 566) providing that a consumer shall

be provided with a gas meter supplied by the
gas company without charge, etc., is a valid In civil actions, see "Evidence,” 8 6.
police regulation.-City of Buffalo v. Buffalo
Gas Co. (Sup.) 1093.

Evidence held sufficient to show that a charge
for meters enforced by a gas company was a

See "Descent and Distribution."
rent on meters, and therefore a violation of the
transportation corporations act. Laws 1890, c.

566.- City of Buffalo v. Buffalo Gas Co. (Sup.)

See “Bridges"; "Municipal Corporations," $ 8.

Accidents at railroad crossings, see "Railroads,"

§ 1.
Transfer taxes, see "Taxation," $ 5.

Aš boundaries, see “Boundaries," $ 1.
§ 1. Inter vivos.

§ 1. Establishment, alteration, and dis-
Intention to forgive distributees their debts
held ineffectual as a gift, where notes represent-


Under Laws 1895, c. 635, tit. 7, $ 26, a city
ing them were not surrendered.-In re Timerson cannot, without compensation, by resolution ap-
(Sur.) 639.

propriate a private road. which has not been

ceded or dedicated to public use, and cause it

to be laid out and used as a public street.-
Of purchaser, see "Bills and Notes," $ 1. Culver v. City of Yonkers (Sup.) 1034.

The use of a strip of land as a private road

does not bring it within the provisions of Rev.

St. (9th Ed.) p. 704, $ 100, declaring that lands
As subject to transfer tax, see "Taxation," $ 5. which have been used by the public as a high-


and 114 New York State Reporter
way for 20 years shall be a highway.-Culver

v. City of Yonkers (Sup.) 1034.
$ 2. Regulation and use for travel.

See “Principal and Surety."
Question of contributory negligence of dri-
ver, injured in collision of vehicles, held for the INDICTMENT AND INFORMATION.
jury.-Bachmann v. Paul Weidmann Brewing
Co. (Sup.) 931.

For particular offenses.

See “Gaming," 1.

Keeping disorderly house, "Disorderly
License to sell liquors, see "Intoxicating Liq-

uors," $ 1.

$ 1. Conviction of offense included in


Where the facts laid in an information war.

rant a charge of grand larceny, as well as of
See “Divorce"; "Dower."

petit larceny, the defendant may be charged

with and put on trial for either offense.-Peu
§ 1. Separation and separate mainte- ple v. Stein (Sup.) 817.

In a suit by a husband to set aside a convey-

auce made by him to his wife, pursuant to an
agreement of separation, held under the facts of bill of exchange or promissory note, see
to make it inequitable to order that the con.

"Bills and Notes," $ 1.
veyance be set aside, unless she gave a bond
to protect the husband against her future sup-
port.-Holihan y. Holihan (Sup.) 44,


See "Guardian and Ward."

Contributory negligence on part of children, see
Of witness, see “Witnesses," $ 3.

"Negligence," $ 2.
Security for costs in actions by infants, see

Costs," $ 1.

§ 1. Custody and protection.
See "Account Stated"; "Money Received."

A city magistrate can, under Laws 1886, c.
353, commit a female in danger of being moral-

ly depraved only to one of the three institutious

named in such statute.-People v. New York

Magdalen Benev. Soc. (Sup.) 608.
See "Bail"; "False Imprisonment."

$ 2. Actions.
Place of imprisonment, see "Criminal Law," s

Under Code Civ. Proc. $ 474, and Gen. Rules

Prac. No. 51, held, that a guardian ad litem or

her attorney may not proceed to collect a judg-

ment by execution till she has given security. -
Liens, see "Mechanics' Liens."

Wileman v. Metropolitan St. Ry. Co. (Sup.) 233.
Public improvements, see "Municipal Corpora-
tions," $ 5.


See "Courts," $ 2.
See “Negligence," $ 2.

See "Damages." 2.


See “Descent and Distribution."
See "Insane Persons."


See "Taxation," § 5.
Breach of covenant against incumbrances, see

"Covenants," § 1.

Restraining particular acts or proceedings.

Actions against insolvent corporation, see "Cor

porations," $ 5.
Of testator, see “Wills," $ 11.

Action in court of other state, see "Courts," $3.


Execution of warrant for removal of tenant,

see “Landlord and Tenant," 8 5.
Operation of railway in front of one's premises, In civil actions, see “Trial,” 5.

see "Eminent Domain," $ 3.
$ 1. Subjects of protection and relief.

An injunction restraining defendant and his
sublessee from using leased premises for cer- Garnishment of interests under insurance poli-
tain purposes pendente lite held properly grant- cies, see “Garnishment," $ 1.
ed.--Orvis v. National Commercial Bank (Sup.)

§ 1. Insurance agents and brokers.

A failure of one contracting to procure fire
§ 2. Preliminary and interlocutory in- | insurance to procure a policy which the com-

pany either would pay or could be forced to
Injunction restraining breach of contract pen, pay held to render the one so contracting liable
deute lite or until further order of court held for damages.-Landusky v. Beirne (Sup.) 238.
too broad under the facts.-Shubert v. Angeles
(Sup.) 146.

§ 2. The contract in general.
An injunction order construed, and held an require a policy in a reliable company.-Lan-

A contract to procure fire insurance held to
injunction pendente lite only.--Orvis v. Nation- dusky v. Beirne (Sup.) 238.
al Commercial Bank (Sup.) 1029.

A contract to obtain fire insurance held to
After dismissal for lack of prosecution defend require a policy of a company authorized to do
ant held entitled to expenses incurred in get business both at place of contract and where
ting rid of temporary injunction.-Madison v. the property was.-Landusky v. Beirne (Sup.)
Brower (Sup.) 1059.

& 3. Permanent injunction and other $ 3. Premiums, dues, and assessments.

Injunction to restrain illegal construction of tion of company in waiving a misstatement in

Life policy held to have been validated by ac-
rapid transit tunnel denied under the facts.- the application, so that the premiums paid
Barney v. City of New York (Sup.) 972.

thereou were not recoverable.-Fay v. Pruden-

tial Ins. Co. (Sup.) 683.

8 4. Assignment or other transfer of
Of lunacy, see "Insane Persons," § 1.


A written assignment by a husband of an in-

surance policy on his life held such a "written

consent" to his wife's assignment of the same
Testamentary capacity, see "Wills," § 1. . policy as to render the wife's assignment good
| 1. Inquisitions.

under Laws 1879, c. 248.-Sherman v. Allison
When the proceedings to determine the lu- | (Sup.) 148.
nacy of a citizen are not instituted in the dis- An insurance company held to have assented
trict in which he resides, as required by Code to a transfer of insurance.-Hayes v. Saratoga
Civ. Proc. $ 2323, the order appointing a com- & W. Fire Ins. Co. (Sup.) 888.
mittee should be reversed. - In re Bischoff
(Sup.) 917.

$ 5. Estoppel, waiver, agreements


affecting right to avoid or for-
An incompetent is not deprived of his right

feit policy.
to object to irregularities in proceedings to de- Fire insurance company held estopped to as-
termine his lunacy by the fact that the pro- sert that insured had breached a condition of
ceedings were instituted with the consent and the policy.-Benjamin v. Palatine Ins. Co., Lim-
approval of his wife.-In re Bischoff (Sup.) 917. ited, of London, England (Sup.) 256.

Under Code Civ. Proc. $8 2325-2331, proceed- Insurance company held estopped to rely on
ings de lunatico inquirendo held void for irregu- untruthful description of premises in applica-
larities.-In re Bischoff (Sup.) 917.

tion for policy.--Mead v. Saratoga & W. Fire
An application to set aside proceedings de Ins. Co. (Sup.) 885.
lunatico inquirendo should be given consider- Where an applicant for fire insurance could
ation, and the matters disposed of, though not read writing, and the agent of the company
many of the questions might better have been inserted false answers in the application, they
raised by appeal.-In re Bischoff (Sup.) 917.

no defense.-Haves v. Saratoga & W.

Fire Ins. Co. (Sup.) 888.

§ 6. Notice and proof of loss.
See "Bankruptcy."

Evidence held sufficient to show compliance
Of corporation, see "Corporations," $ 5.

with requirements of a fire policy as to proofs
of loss.-Force y. St. Paul Fire & Marine Ins.

Co. (Sup.) 708.

$ 7. Mutual benefit insurance.
Of places to work, see “Master and Servant," A corporation organized under Laws 1874, c.
$ 3.

86, and Laws 1882, c. 302, held authorized to
Of writings, see "Discovery," $ 1.

amend its by-laws, so as to authorize members


and 114 New York State Reporter
in the class participating in a beneficiary fund INTOXICATING LIQUORS.
to change to the nonparticipating class, and that
such amendment was reasonable.-French V. § 1. Licenses and taxes.
New York Mercantile Exchange (Sup.) 312. Under Laws 1897, c. 312, § 28, subd. 2, pro

A member of a beneficial association held not ceedings to cancel a certificate authorizing the
to waive his rights, or estop himself to sue for sale of liquors may be maintained against the
a partial breach of contract, where, on its re-

holder of the certificate of record, though be
fusal to continue to receive assessments on his has no connection with the business.-Cullinan
$5,000 certificate, he under protest paid assess-

v. Kuch (Sup.) 186.
ments on a basis of a $2,000 benefit.-Williams Liability of surety on liquor tax certificate
v. Supreme Council American Legion of Honor bond held to continue until surrender or trans-
(Sup.) 713; Barton v. Same, Id.

fer of the certificate.-Cullinan v. Parker (Sup.)

A beneficial association held not entitled to
reduce the amount of benefits by an amendment It is no defense to proceedings to vacate liq-
of the by-laws, as to one having a certificate on uor tax certificate that the sales were made by
which he had paid benefits.- Williams v. Su- the bartender against instructions of certificate
preme Council American Legion of Honor bolders.-In re Cullinan (Sup.) 607.
(Sup.) 713; Barton v. Same, Id.

False statement, in application for liquor tax
Forfeiture of mutual benefit insurance by certificate, as to a building to be used as a
nonpayment of assessments held waived by sub- hotel, held ground for vacating the certificate.-
sequent acceptance thereof.–Beil v. Supreme In re Cullinan (Sup.) 626.
Lodge, Knights of Honor (Sup.) 751.

Statement of applicant for transfer of liquor
By-law of mutual benefit association, chan- tax certificate, that building complied with stat.
ging the rule as to payment of the proceeds of utory requirements as to a hotel, held material.
certificates in case of the death of the benefi- -In re Cullinan (Sup.) 626.
ciary before that of the member, held reason-
able.-O'Brien V. Supreme Council, Catholic cate, issued on fraudulent representations of the

A bona fide assignee of a liquor tax certifi-
Benev. Legion (Sup.) 775.

applicant, held not entitled to compel a refund
Member of mutual beneficial association and on surrender of the certificate.-People v. Hil-
deceased beneficiary held to have no vested in- liard (Sup.) 792.
terest in the proceeds of the member's certifi-
cate, so as to invalidate a by-law requiring pay.cate held no ground for rerobing the same.-

Mistake in application for liquor tax certifi-
ment to the administrator of the second benefi- In re Brewster (Co. Ct.) 660.
ciary.-O'Brien v. Supreme Council, Catholic
Benev. Legion (Sup.) 775.

A hotel, a portion of which had been repted
In a beneficial association, the certificate and hotel, within the liquor tax law.-In re Brew.

to tenants, heid not continuously occupied as a
the constitution and by-laws constitute the con-
tract between the member and the associa-

ster (Co. Ct.) 666.
tion.-O'Brien v. Supreme Council, Catholic A hotel hcld not to lose its identity because, at
Benev. Legion (Sup.) 715.

a certain date, the location of the barroom has

been changed.-In re Brewster (Co. Ct.) 666.

Place kept open for travelers without previous

agreement as to length of stay or terms held a
On claims against city, see "Municipal Corpo- hotel within the liquor tax law.-In re Brewster
rations," $ 10.

(Co. Ct.) 666.
On funds of estate of decedent, see "Executors A building may be a hotel, though it displays
and Administrators," $ 3.

a sign "boarding house."-In re Brewster (Co.

Ct.) 666.
INTERLOCUTORY INJUNCTION. It is not necessary, to constitute a hotel, that

the proprietor should keep a safe for valuables,
See "Injunction," $ 2.

or have a register or private stable accommoda-

tions.--In re Brewster (Co. Ct.) 666.
INTERLOCUTORY JUDGMENT. Application for liquor tax certificate for a

hotel denied for false statement that there was
Review on appeal, see "Appeal,” $ 7.

no dwelling within 200 feet.-In re Ryon (Co.

Ct.) 1114.

Liquor tax certificate to hotel reroked because

bedrooms were smaller than the statutory re-
To witnesses, see "Depositions."

quirements.-In re Ryon (Co. Ct.) 1114.

In actions in general, see "Parties," $ 1.

See “Patents."
In attachment proceedings, see “Attachment,"
8 5.


Of estate of decedent, see "Executors and Ad.
See "Descent and Distribution."

ministrators," $ 2.

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