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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.

See "False Pretenses”; “Fraud."

See “Quieting Title."

See "Banks and Banking," § 1; "Bills and

On judgment, see "Judgment,” $ 3.

See “Bastards."
As employés, see “Master and Servant," $82, See “Taxation," 8 5.

10, 11. Homicide resulting from punishment of child, see “Homicide," $ 2.

Negligence causing injuries to child as ques-
tion for jury, see "Negligence," $ 3.

See "Guaranty."
*Point annotated. See syllabus.


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Of costs, see “Costs,” 8 6.

Of broker, see “Brokers," $ 2.
Of estate of decedent, see "Executors and Ad. Of executor or administrator, see "Esecutors
ministrators," $ 2.

and Administrators," $ 6.


See “Monopolies," $ 1.

Guardianship of insane persons, see “Insane

Persons," 2.

Of political party, see "Elections," § 1.
Between courts, see "Courts," $ 5.


See "Carriers."
Carriage of goods and passengers, see "Car-

riers"; "Shipping."
Combinations injurious to commerce, see "Mo-

See “Drunkards."
nopolies," 8 1.
§ 1. Subjects of regulation.

*Performance of a contract by a foreign cor-
poration to manufacture and install certain Liability for cost, see "Costs," $ 6.
elevators in a building in New York held not to Liability of master for injury to servant, see
involve interstate commerce.-Portland Co. v.

"Master and Servant," $ 3.
Hall & Grant Const. Co. (Sup.) 649.

Right of inventor to exclusive property in in-

vention, see "Property."

See "Bills and Notes."

See "Schools and School Districts," $ 1.

Inquisition of lunacy, see "Insane Persons," $ 1.
Municipal civil service commission, see ' "Mu- For property, taken for public use, see "Emi-
nicipal Corporations,” $ 2.

nent Domain," $ 1.
To take testimony, see “Depositions.”

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.
Ballots for election of school commissioners, see Teachers, see "Schools and School Districts,"
“Elections," 8 2.

8 1.
For establishment of highway, see “Highways,"
$ 1.

Forest commissioner, see "Woods and Forests."
Harmless error in rulings in action by state ex- Of experts as witnesses, see “Evidence," $ 5.
cise commissioner, see "Appeal," $ 8.

Of witnesses in general, see "Witnesses," § 1.
In condemnation proceedings, see “Eminent Do-

main," $ 2.
Of estimate and assessment, see "Municipal

Corporations," $ 4.
Railroad commissioners, see "Railroads," § 4.

Unfair competition, "Trade-Marks and
Review by certiora ri of decision of police com- Trade-Names," $ 3.

missioner, see “Certiorari," $ 1.
Review by certiorari of determination of rail-
road commissioners, see “Certiorari," $ 1.

State excise commissioner, see “Intoxicating
Liquors," $ 2.

In civil actions, see “Pleading," $ 2.
Street commissioners, see "Municipal Corpora-
tions," $ 4.

COMMISSION MERCHANTS. See “Compromise and Settlement."

In bankruptcy proceedings, see "Bankruptcy,"
See "Factors,"

$ 3.
*Point annotated. See syllabus.

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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,"


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.

(Sup.) 532.
*Point annotated. See syllabus.

*Under Code Civ. Proc. 88 874, 802, 2273, Contracts of particular classes of persons.
an original order for the examination of a See “Carriers,” & 2; “Counties," $ 2; “Master
party having been personally served, an order and Servant"; "Municipal Corporations," $ 4;
adjudging him in contempt for failure to ap “Warehousemen."
pear for examination held valid, though an or, Trust company, see “Banks and Banking,” $ 3.
der fixing a new date for the examination, and
an order to show cause why he should not be Contracts relating to particular subjects.
punished for contempt, were not personally See “Licenses," § 1; “Patents,” g 1.
served.-Grant v. Greene (Sup.) 532.

Transportation and delivery of shipment, see
A referee in partition held not guilty of con "Carriers," $ 2.
tempt in failing to comply with an order.-
Youker v. Youker (Sup.) 810; In re Laurent, See "Bailment”: “Bills and Notes”; “Chattel

Particular classes of express contracts.

Mortgages": "Gifts," $ 1; "Gua ranty”; “In-
*A contempt is a willful disregard or dis surance" "Mortgages" ; "Partnership";
obedience.-Saal v. South Brooklyn Ry. Co. “Sales" ; "Subscriptions."
(Sup.) 996.

Agency, see “Principal and Agent."
* Essentials to constitute constructive con- Employment, see "Master and Servant."
tempt stated.--Saal v. South Brooklyn Ry. Co. Leases, see "Landlord and Tenant."
(Sup.) 996.

Mutual benefit insurance, see "Insurance," $ 6.

Sales of realty, see "Vendor and Purchaser.”
§ 2. Power to punish and proceedings Suretyship, see “Principal and Surety.”

*To find one guilty of constructive contempt See "Money Paid”; “Money Received”; “Work

Particular classes of implied contracts.
of court in disobeying an order thereof, the

and Labor.'
proof must show beyond reasonable doubt that
defendant willfully refused to do what was di Particular modes of discharging contracts.
rected.-Saal v. South Brooklyn Ry. Co. (Sup.) See “Compromise and Settlement” ; “Payment.”

$ 1. Requisites and validity.

*An agreement to reimburse another for a

sum that he might pay the owner of a building
Of election, see "Elections," $ 4.

occupied exclusively as a dwelling for the con-
Of will, see "Wills," § 4.

sent required by Liquor Tax Law, Laws 1896,
p. 60, c. 112, $ 17, subd. 8, to obtain a certificate

authorizing the sale of liquor in a residential
CONTINGENT REMAINDERS. district, is void as against public policy.-Riggs

v. Ryan (Sup.) 39.
Creation, see “Wills," $ 5.

*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
*An adjournment held improperly refused any project affecting a public interest.-Riggs
where defendant was too sick to attend court.-

v. Ryan (Sup.) 39.
Irish Industrial Exposition & Amusement Co. In an action on an oral agreement for a com-
V. Sheridan (Sup.) 392.

mission, where the issue was as to whether the
commission was to be on the net profits or 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.
Agreements within statute of frauds,

*A contract between a telephone company and
"Frauds, Statute of.”


another telephone company, reasonably restrict-
Assignment, see “Assignments."
Damages for breach, see “Damages," $ 4.

ing its corporate activities, but not to such an
Impairing obligation, see "Constitutional Law," rights, is not invalid.-Whitaker v. Kilby (Sup.)

extent as unduly to interfere with the public
$ 2.

511, 1149.
Liquidated damages or penalties, see “Dam-
ages,” $ 3.

*The courts of the state are not ousted of ju-
Nominal damages for breach, see "Damages,” risdiction by an agreement between the parties
$ 1.

to a contract not to sue therein on it.-Gitler
Parol or extrinsic evidence, see "Evidence,” $ 4. v. Russian Co. (Sup.) 886.
Parties entitled to allege error in action on

*An arrangement between a cement manufac-
contract, see "Appeal," $ 8.
Restraining performance or breach, see “Injuncturer and cement dealer held too indefinite and

unreasonable to be enforced, and void.- Jackson
tion." 8 2.
Specific performance, see “Specific Perform- v. Alpha Portland Cement Co. (Sup.) 1052.

*A purported contract between a cement man-
Subrogation to rights or remedies of creditors, ufacturer and a cement, dealer held void for lack
see "Subrogation."

of mutuality; the dealer not binding hinself
*Point annotated. See syllabus.


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