and 140 New York State Reporter § 2. Rights and liabilities of parties. 3. Rights and remedies of creditors. CITATION. See "Process." CITIES. A chattel mortgage, not accompanied by im- See "Municipal Corporations." the party claiming under it, under 2 Rev. Sts. See "Indians." CITIZENS. 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 otherwise if the agreement was that the mortgagors should retain possession and use the proceeds in payment of other debts.-Briggs v. Gelm (Sup.) 693. CIVIL SERVICE. See "Municipal Corporations," §§ 2, 3. Mandamus to civil service commission, see "Mandamus," § 1. CLAIM AND DELIVERY. 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, p. 402, c. 279, § 1.-Briggs v. Gelm (Sup.) 693. § 4. Payment or performance of condi- See "Replevin." tion, release, and satisfaction. *Where a chattel mortgagor transfers the property to the holder of a first mortgage on them subject to the indebtedness secured by the mortgage, no merger results.-Independent Brewing Co. v. Durston (Co. Ct.) 686. As employés, see "Master and Servant," §§ 2, Negligence causing injuries to child as ques- CLAIMS. Against estate of decedent, see "Executors and Against property in hands of receiver, see "Re- Against town, see "Towns," § 1. CLERKS OF COURTS. Where requisition was made upon a county clerk for a search against "Catherine J., wife of Edward J.," held he was not negligent in omitting from his return a judgment against "Cassie J."-Maucher v. Hartzheim (Sup.) 371 CLOUD ON TITLE. See "Quieting Title." COLLATERAL ATTACK. On judgment, see "Judgment," § 3. COLLATERAL INHERITANCE TAXES. COLLATERAL UNDERTAKING. COMMISSIONS. Of broker, see "Brokers," § 2. Of estate of decedent, see "Executors and Ad- Of executor or administrator, see "Executors COMBINATIONS. See "Monopolies," § 1. COMITY. Between courts, see "Courts," § 5. COMMERCE. Carriage of goods and passengers, see "Car- § 1. Subjects of regulation. *Performance of a contract by a foreign cor- COMMERCIAL PAPER. See "Bills and Notes." COMMISSION. Inquisition of lunacy, see "Insane Persons," § 1. COMMISSIONERS. Ballots for election of school commissioners, see For establishment of highway, see "Highways," Forest commissioner, see "Woods and Forests." In condemnation proceedings, see "Eminent Do- Of estimate and assessment, see "Municipal Railroad commissioners, see "Railroads," § 4. Review by certiorari of determination of rail- Street commissioners, see "Municipal Corpora- COMMISSION MERCHANTS. See "Factors." and Administrators," § 6. *Point annotated. See syllabus. CONSPIRACY. 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 conditions.-Wilber v. Scatcherd (Sup.) 897. COMPUTATION. Of period of limitation, see "Limitation of Actions," § 1. Of time, see "Time." CONCURRENT JURISDICTION. Of courts, see "Courts," § 5. CONDEMNATION. Combinations to monopolize trade, see "Monopolies," § 1. To steal money, see "Larceny," § 2. CONSTABLES. See "Sheriffs and Constables." CONSTITUTIONAL LAW. Provisions relating to particular subjects. See "Courts." § 2; “Jury,” § 1; "Officers," § 1: "Pleading," $ 1. Taking property for public use, see "Eminent Enactment and validity of statutes, see "Stat Domain.' CONDITIONAL SALES. See "Sales," § 5. CONDITIONS. In contracts and conveyances. utes," § 1. § 1. Personal, civil, and political rights. *Under the liberty of action guaranteed by the state and federal Constitutions, any one may legally refuse to maintain trade relations with another for any reason or without any reason. -Locker v. American Tobacco Co. (Sup.) 115. § 2. Obligation of contracts. Laws 1906, p. 1448, c. 532, superseding Laws 1905, p. 2059, c. 729, with reference to the tax See "Chattel Mortgages," § 4; "Contracts," § 2. ation of mortgages, held not invalid as impairInsurance policy, see "Insurance," § 1. Precedent to actions or other proceedings. For brokers' commissions, see "Brokers." § 2. For price of land sold, see "Vendor and Purchaser," § 6. To rescind contract, see "Contracts," § 4. CONFIDENTIAL RELATIONS. Disclosure of communications, see "Witnesses," § 1. CONFLICT OF LAWS. As to insurance, see "Insurance," § 6. CONSENT. Of property owner to sale of intoxicating liquor, see "Intoxicating Liquors," § 2. CONSIDERATION. Of mortgage, see "Mortgages," § 1. ing a contract between the state and individuals, created by the act of 1905.-People v. Dimond (Sup.) 277. § 3. Due process of law. *Corrupt Practices Act, Laws 1906, p. 1385. c. 502, held in violation of the constitutional provision that no person shall be deprived of liberty or property without due process of law. -In re Lance (Sup.) 211. CONSTRUCTIVE TRUSTS. See "Trusts," § 1. CONTEMPT. Disobedience of order for deposit in court, see "Deposits in Court." False swearing in supplementary proceeding as contempt, see "Execution," § 3. In refusing to pay alimony, see "Divorce," § 2 Violation of injunction, see "Injunction," § 6. § 1. Acts or conduct constituting contempt of court. *Punishment for contempt for failure to ober an order cannot be had unless the order shall have been personally served.-Grant v. Greene (Sup.) 532. *Point annotated. See syllabus. *Under Code Civ. Proc. 88 874, 802, 2273, A referee in partition held not guilty of con- Id. A contempt is a willful disregard or dis- *Essentials to constitute constructive con- Contracts of particular classes of persons. Trust company, see "Banks and Banking," § 3. Contracts relating to particular subjects. See "Bailment"; "Bills and Notes"; "Chattel Agency, see "Principal and Agent." tempt stated.-Saal v. South Brooklyn Ry. Co. Leases, see "Landlord and Tenant." § 2. Power to punish and proceedings To find one guilty of constructive contempt CONTEST. Of election, see "Elections," § 4. CONTINGENT REMAINDERS. Creation, see "Wills," § 5. CONTINUANCE. *An adjournment held improperly refused where defendant was too sick to attend court.- CONTRACTS. Agreements within statute of frauds, see Assignment, see "Assignments." Damages for breach, see "Damages," § 4. Liquidated damages or penalties, see "Dam- Nominal damages for breach, see "Damages," Parol or extrinsic evidence, see "Evidence," § 4. Mutual benefit insurance, see "Insurance," § 6. Particular classes of implied contracts. and Labor." Particular modes of discharging contracts. *An agreement to reimburse another for a *Any contract is against public policy which In an action on an oral agreement for a com- *A contract between a telephone company and 511, 1149. *The courts of the state are not ousted of ju- *An arrangement between a cement manufac- ance. Subrogation to rights or remedies of creditors, *A purported contract between a cement man- |