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and 140 New York State Reporter $ 2. Rights and liabilities of parties.
CHOSE IN ACTION. In action between first and second mortgagee to recover possession of the mortgage property, Assignment, see "Assignments." exclusion of first mortgage as evidence held error.-Independent Brewing Co. v. Durston (Co. Ct.) 686.
CITATION, $ 3. Rights and remedies of creditors.
See “Process." *Failure to file chattel mortgage as prescribed by statute held to render it void as to creditors. --Tooker v. Siegel-Cooper Co. (Sup.) 277.
CITIES. *A chattel mortgage, not accompanied by im- See “Municipal Corporations." mediate delivery and followed by actual and continued change of possession of the mortgaged property, held presumptively fraudulent, and
CITIZENS. conclusively so unless good faith is proved by the party claiming under it, under 2 Rev. Sts. See "Indians." p. 136, pt. 2, c. 7, tit. 2, $ 5.-Briggs v. Gelm (Sup.) 603.
CIVIL RIGHTS. *Where a chattel mortgage covered largely raw material, an agreement that it should be worked up and sold and the proceeds applied
See "Constitutional Law," $ 1. exclusively to the mortgage debt would not invalidate the mortgage ; but it would be other.
CIVIL SERVICE. wise if the agreement was that the mortgagors should retain possession and use the proceeds See “Municipal Corporations,” &$ 2, 3. in payment of other debts.-Briggs v. Gelm (Sup.) 693.
Mandamus to civil service commission, see “Man.
damus," $ 1. A delay of two days in the filing of a chattel mortgage held not so unreasonable as to render it conclusively fraudulent, under Laws 1833,
CLAIM AND DELIVERY. p. 402, c. 279, § 1.-Briggs v. Gelm (Sup.) 633. $ 4. Payment or performance of condi. See “Replevin."
tion, release, and satisfaction. *Where a chattel mortgagor transfers the
CLAIMS. property to the holder of a first mortgage on them subject to the indebtedness secured by Against estate of decedent, see "Executors and the mortgage, no merger results.-Independent
Administrators," $ 3. Brewing Co. v. Durston (Co. Ct.) 686.
Against property in hands of receiver, see "Re
ceivers," $ 2. § 5. Foreclosure.
Against town, see "Towns," $ 1. *Failure of chattel mortgagee after default to perform agreement as modified held a fresh default.-Independent Brewing Co. v. Durston
CLERKS OF COURTS. (Co. Ct.) 686.
Where requisition was made upon a county CHATTELS.
clerk for a search against “Catherine J., wife
of Edward J.," held he was not negligent in See “Property."
omitting from his return a judgment against
"Cassie J."-Maucher v. Hartzheim (Sup.) 371. CHEAT.
CLOUD ON TITLE.
See “Quieting Title."
On judgment, see "Judgment,” $ 3.
COLLATERAL INHERITANCE TAXES.
10, 11. Homicide resulting from punishment of child, see “Homicide," $ 2.
Of broker, see “Brokers," $ 2.
and Administrators," $ 6.
Guardianship of insane persons, see “Insane
Of political party, see "Elections," § 1.
"Master and Servant," $ 3.
Right of inventor to exclusive property in in-
vention, see "Property."
See "Schools and School Districts," $ 1.
nent Domain," $ 1.
of particular classes of officers or other persons.
See “Brokers," $ 2; “Executors and Admin-
istrators," $ 6; "Sheriffs and Constables," 1.
Servant, see “Master and Servant," $ 1.
Of witnesses in general, see "Witnesses," § 1.
main," $ 2.
Unfair competition, "Trade-Marks and
missioner, see “Certiorari," $ 1.
In civil actions, see “Pleading," $ 2.
COMPOSITIONS WITH CREDITORS.
In bankruptcy proceedings, see "Bankruptcy,"
and 140 New York State Reporter COMPROMISE AND SETTLEMENT.
CONSIGNMENT. See "Payment.”
See "Factors." Compromise as to testator's interest in property, see "Executors and Administrators,'' Š 2.
CONSOLIDATION. The consideration of an agreement to com- of corporations, see “Corporations," $ 7. promise a certain controversy held sufficient so that plaintiff could not recover in the absence of proof of performance of the agreed condi
CONSPIRACY. tions.-Wilber v. Scatcherd (Sup.) 897.
Combinations to monopolize trade, see “MonopoCOMPUTATION.
lies," § 1.
To steal money, see "Larceny," $ 2. Of period of limitation, see “Limitation of Actions," § 1.
CONSTABLES. Of time, see “Time.”
See “Sheriffs and Constables." CONCURRENT JURISDICTION.
CONSTITUTIONAL LAW. Of courts, see "Courts," $ 5.
Provisions relating to particular subjects. CONDEMNATION.
See "Courts." $ 2; “Jury," $ 1; "Officers," $ 1:
"Pleading,” $ 1. Taking property for public use, see “Eminent Enactment and validity of statutes, see "StatDomain.
utes," 8 1. § 1. Personal, civil, and political rights.
*Under the liberty of action guaranteed by CONDITIONAL SALES.
the state and federal Constitutions, any one may
legally refuse to maintain trade relations with See “Sales," § 5.
another for any reason or without any reason.
-Locker v. American Tobacco Co. (Sup.) 115. CONDITIONS.
§ 2. Obligation of contracts.
Laws 1906, p. 1448, c. 532, superseding Lars In contracts and conveyances.
1905, p. 2059, c. 729, with reference to the tar. See “Chattel Mortgages," $ 4; "Contracts," § 2. ation of mortgages, held not invalid as impair. Insurance policy, see “Insurance," $ 1.
ing a contract between the state and individo
als, created by the act of 1905.-People v. Di. Precedent to actions or other proceedings. mond (Sup.) 277. For brokers' commissions, see “Brokers," $_2. For price of land sold, see "Vendor and Pur- $ 3. Due process of law. chaser," $ 6.
*Corrupt Practices Act, Laws 1906, p. 1385. To rescind contract, see “Contracts," $ 4.
c. 502, held in violation of the constitutional provision that no person shall be deprived of
liberty or property without due process of law. CONFIDENTIAL RELATIONS.
-In re Lance (Sup.) 211. Disclosure of communications, see "Witnesses,"
CONSTRUCTIVE TRUSTS. 8 1. CONFLICT OF LAWS.
See "Trusts," § 1. As to insurance, see "Insurance," § 6.
CONTEMPT. Conflicting jurisdiction of courts, see "Courts," § 5.
Disobedience of order for deposit in court, see Restraining monopoly, see “Monopolies," § 1.
“Deposits in Court."
False swearing in supplementary proceeding as CONSENT.
contempt, see "Execution," $ 3. In refusing to pay alimony, see “Divorce," $ 2.
Violation of injunction, see "Injunction," $ 6. Of property owner to sale of intoxicating liquor, see "Intoxicating Liquors," $ 2.
§ 1. Acts or conduct constituting con
tempt of court.
*Punishment for contempt for failure to ober CONSIDERATION.
an order cannot be had unless the order shall
have been personally served.-Grant v. Greene Of mortgage, see “Mortgages," $ 1.
*Under Code Civ. Proc. 88 874, 802, 2273, Contracts of particular classes of persons.
Transportation and delivery of shipment, see
Particular classes of express contracts.
Mortgages": "Gifts," $ 1; "Gua ranty”; “In-
Agency, see “Principal and Agent."
Mutual benefit insurance, see "Insurance," $ 6.
Sales of realty, see "Vendor and Purchaser.”
Particular classes of implied contracts.
$ 1. Requisites and validity.
*An agreement to reimburse another for a
sum that he might pay the owner of a building
occupied exclusively as a dwelling for the con-
sent required by Liquor Tax Law, Laws 1896,
authorizing the sale of liquor in a residential
v. Ryan (Sup.) 39.
*Any contract is against public policy which
provides for the sale by an individual of the
right given him, with others, by legislative
enactment, to give or withhold his consent to
v. Ryan (Sup.) 39.
mission, where the issue was as to whether the
gross amount of a contract, evidence that de-
fendant's own commission was on the net profits
held admissible.-Hunter v. Blodget (Sup.) 48.
*A contract between a telephone company and
another telephone company, reasonably restrict-
ing its corporate activities, but not to such an
extent as unduly to interfere with the public
*The courts of the state are not ousted of ju-
to a contract not to sue therein on it.-Gitler
*An arrangement between a cement manufac-
unreasonable to be enforced, and void.- Jackson
*A purported contract between a cement man-
of mutuality; the dealer not binding hinself