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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.

3. Rights and remedies of creditors.
*Failure to file chattel mortgage as prescribed
by statute held to render it void as to creditors.
-Tooker v. Siegel-Cooper Co. (Sup.) 277.

CITATION.

See "Process."

CITIES.

A chattel mortgage, not accompanied by im- See "Municipal Corporations."
mediate delivery and followed by actual and con-
tinued change of possession of the mortgaged
property, held presumptively fraudulent, and
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.) 693.

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.

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As employés, see "Master and Servant," §§ 2,
10, 11.
Homicide resulting from punishment of child,
see "Homicide," § 2.

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

CLAIMS.

Against estate of decedent, see "Executors and
Administrators," § 3.

Against property in hands of receiver, see "Re-
ceivers," § 2.

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.
See "Taxation," § 5.

COLLATERAL UNDERTAKING.
See "Guaranty."
Point annotated. See syllabus.

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COMMISSIONS.

Of broker, see "Brokers," § 2.

Of estate of decedent, see "Executors and Ad- Of executor or administrator, see "Executors
ministrators," § 2.

COMBINATIONS.

See "Monopolies," § 1.

COMITY.

Between courts, see "Courts," § 5.

COMMERCE.

Carriage of goods and passengers, see "Car-
riers"; "Shipping.'
Combinations injurious to commerce, see "Mo-
nopolies," § 1.

§ 1. Subjects of regulation.

*Performance of a contract by a foreign cor-
poration to manufacture and install certain
elevators in a building in New York held not to
involve interstate commerce.-Portland Co. v.
Hall & Grant Const. Co. (Sup.) 649.

COMMERCIAL PAPER.

See "Bills and Notes."

COMMISSION.

Inquisition of lunacy, see "Insane Persons," § 1.
Municipal civil service commission, see "Mu-
nicipal Corporations," § 2.
To take testimony, see "Depositions."

COMMISSIONERS.

Ballots for election of school commissioners, see
"Elections." § 2.

For establishment of highway, see "Highways,"
§ 1.

Forest commissioner, see "Woods and Forests."
Harmless error in rulings in action by state ex-
cise commissioner, see "Appeal," § 8.

In condemnation proceedings, see "Eminent Do-
main," § 2.

Of estimate and assessment, see "Municipal
Corporations." § 4.

Railroad commissioners, see "Railroads," § 4.
Review by certiorari of decision of police com-
missioner, see "Certiorari," § 1.

Review by certiorari of determination of rail-
road commissioners, see "Certiorari," § 1.
State excise commissioner, see "Intoxicating
Liquors," & 2.

Street commissioners, see "Municipal Corpora-
tions," § 4.

COMMISSION MERCHANTS.

See "Factors."

and Administrators," § 6.

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*Point annotated. See syllabus.

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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.
Conflicting jurisdiction of courts, see "Courts,"
$ 5.
Restraining monopoly, see "Monopolies," § 1.

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,
an original order for the examination of a
party having been personally served, an order
adjudging him in contempt for failure to ap-
pear for examination held valid, though an or-
der fixing a new date for the examination, and
an order to show cause why he should not be
punished for contempt, were not personally
served.-Grant v. Greene (Sup.) 532.

A referee in partition held not guilty of con-
tempt in failing to comply with an order.-
Youker v. Youker (Sup.) 810; In re Laurent,

Id.

A contempt is a willful disregard or dis-
obedience.-Saal v. South Brooklyn Ry. Co.
(Sup.) 996.

*Essentials to constitute constructive

con-

Contracts of particular classes of persons.
See "Carriers," § 2; "Counties," § 2: "Master
and Servant"; "Municipal Corporations," § 4;
"Warehousemen."

Trust company, see "Banks and Banking," § 3.

Contracts relating to particular subjects.
See "Licenses," § 1; "Patents," § 1.
Transportation and delivery of shipment, see
"Carriers," § 2.

See "Bailment"; "Bills and Notes"; "Chattel
Particular classes of express contracts.
Mortgages" "Gifts," § 1; "Guaranty"; "In-
surance": "Mortgages"; "Partnership";
"Sales"; "Subscriptions."

Agency, see "Principal and Agent."
Employment, see "Master and Servant."

tempt stated.-Saal v. South Brooklyn Ry. Co. Leases, see "Landlord and Tenant."
(Sup.) 996.

§ 2. Power to punish and proceedings
therefor.

To find one guilty of constructive contempt
of court in disobeying an order thereof, the
proof must show beyond reasonable doubt that
defendant willfully refused to do what was di-
rected.-Saal v. South Brooklyn Ry. Co. (Sup.)
996.

CONTEST.

Of election, see "Elections," § 4.
Of will, see "Wills," § 4.

CONTINGENT REMAINDERS.

Creation, see "Wills," § 5.

CONTINUANCE.

*An adjournment held improperly refused

where defendant was too sick to attend court.-
Irish Industrial Exposition & Amusement Co.
v. Sheridan (Sup.) 392.

CONTRACTS.

Agreements within statute of frauds, see
"Frauds, Statute of."

Assignment, see "Assignments."

Damages for breach, see "Damages," § 4.
Impairing obligation, see "Constitutional Law,"
$ 2.

Liquidated damages or penalties, see "Dam-
ages," & 3.

Nominal damages for breach, see "Damages,"
§ 1.

Parol or extrinsic evidence, see "Evidence," § 4.
Parties entitled to allege error in action on
contract, see "Appeal," § 8.

Mutual benefit insurance, see "Insurance," § 6.
Sales of realty, see "Vendor and Purchaser."
Suretyship, see "Principal and Surety."

Particular classes of implied contracts.
See "Money Paid"; "Money Received"; "Work

and Labor."

Particular modes of discharging contracts.
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
occupied exclusively as a dwelling for the con-
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
district, is void as against public policy.-Riggs
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
any project affecting a public interest.-Riggs
v. Ryan (Sup.) 39.

In an action on an oral agreement for a com-
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.

*A contract between a telephone company and
another telephone company, reasonably restrict-
ing its corporate activities, but not to such an
rights, is not invalid.-Whitaker v. Kilby (Sup.)
extent as unduly to interfere with the public

511, 1149.

*The courts of the state are not ousted of ju-
risdiction by an agreement between the parties
to a contract not to sue therein on it.-Gitler
v. Russian Co. (Sup.) 886.

*An arrangement between a cement manufac-
turer and cement dealer held too indefinite and
Restraining performance or breach, see "Injunc-unreasonable to be enforced, and void.-Jackson
tion." 2.
Specific performance, see "Specific Perform-v. Alpha Portland Cement Co. (Sup.) 1052.

ance.

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Subrogation to rights or remedies of creditors,
see "Subrogation."

*A purported contract between a cement man-
ufacturer and a cement, dealer held void for lack
of mutuality; the dealer not binding himself
*Point annotated. See syllabus.

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