and 140 New York State Reporter
in fulfillment and rejected.-Tomkins v. J. & R. and Laws 1900, p. 1607, c. 751, § 4, amending
Lamb (Sup.) 6.
Charter 1897, Laws 1897, p. 394, c. 378, § 1091,
a teacher of girls' graduating class in a public
school held entitled to salary of $1.440 nor an-
num.-Moore v. Board of Education of City of
New York (Sup.) 983.
*Where plaintiffs installed a power plant for
defendant under express warranty as to fuel
economy in its use, etc., defendant could keep
and use the plant with knowledge of its defects
and rely upon the warranty for protection.-
Ames v. Norwich Light Co. (Sup.) 952.
*In an action for the purchase price of a
power plant, damages for a breach of warranty
as to fuel economy in its use, etc., were prop-
erly pleaded as a counterclaim.-Ames v. Nor-
wich Light Co. (Sup.) 952.
*A warranty as to stationary engines held not
a warranty of the fuel economy of the engines
when carrying any less load than required to
develop their rated horse power.-Ames v. Nor-
wich Light Co. (Sup.) 952.
*Certain allowance of damages to the buyer
of a power plant on a breach of warranty by
the seller held improper.-Ames v. Norwich
Light Co. (Sup.) 952.
The measure of the purchaser's damages on
a breach of warranty by the seller of a power
plant stated.-Ames v. Norwich Light Co. (Sup.)
952.
5. Conditional sales.
In a suit by a seller, on condition that title
should remain in him until the price was paid,
for the chattels for nonpayment of the price,
a finding that he waived a formal tender of the
price defeating a recovery held warranted.—
Kindelberger v. Kunow (Sup.) 597.
SATISFACTION.
See "Compromise and
Of execution, see "Execution," § 2.
Of judgment, see "Judgment," § 7.
Of mechanic's lien, see "Mechanics' Liens," § 2.
Of mortgage, see "Chattel Mortgages," § 4.
SCHOOLS AND SCHOOL DISTRICTS.
Ballots for election of school commissioners,
see "Elections," § 2.
§ 1. Public schools.
*Greater New York Charter, Laws 1897, p.
404, c. 378, § 1117, operated to permanently pro-
tect teachers appointed either before or after
the passage of the act in the tenure of their
positions unless removed or reassigned for cause
and in the manner provided by law.-Moore v.
Board of Education of City of New York (Sup.)
983.
The mere acceptance and receipting for a
salary and pension by a retired teacher at a
lower rate than she was entitled to by statute
held not a waiver of her right to compensation
at the higher rate.-Moore v. Board of Educa-
tion of City of New York (Sup.) 983.
*School teacher after retirement upon pension.
who was never removed or reduced in rank, held
not compelled to resort to mandamus for rein-
statement before enforcing her right to back
salary and pension to which she is entitled.-
Moore v. Board of Education of City of New
York (Sup.) 983.
SHERIFFS AND CONSTABLES.
§ 1. Compensation.
Sheriff acting under execution valid and reg
ular on its face held entitled to poundage, though
the judgment and execution were subsequently
vacated.-Bradley v. Blue Ridge Hosiery Mill
(City Ct.) 1107.
*Point annotated. See syllabus.
Under Greater New York Charter, Laws 1897,
pp. 392, 394, 404, c. 378, §§ 1086, 1091, 1117,
Recovery of money paid by mistake on master's Attorney general, see "Attorney General."
draft, see "Money Received."
*The master of a German vessel consigned to
New Orleans for cargo had authority to incur
necessary outfitting expenses and port charges
of the vessel under both the German and New
York law.-Commercial Nat. Bank v. Sloman
(Sup.) 508.
*The master of a vessel may delegate his
authority to the ship's brokers to contract for
the outfitting of the vessel.-Commercial Nat.
Bank v. Sloman (Sup.) 508.
§ 2. Liabilities of vessels and owners
in general.
*Brokers to whom a ship was consigned for
cargo held impliedly authorized by the owners
to purchase necessary supplies to prepare the
vessel for sailing.-Commercial Nat. Bank v.
Sloman (Sup.) 508.
SIGNATURES.
To pleading, see "Pleading," § 6.
SLANDER.
See "Libel and Slander."
Municipal ordinances relating to, see "Municipal
Corporations," § 5.
SPECIFIC LEGACIES.
See "Wills," § 6.
SPECIFIC PERFORMANCE.
Bill of particulars, see "Pleading," § 7.
$ 1.
Good faith and diligence.
*Equity will specifically enforce a contract
for the sale of real estate where the title of the
vendor is good at the time of trial.-Hugel v.
Habel (Sup.) 581.
*A purchaser in a contract for the sale of
real estate held not entitled to defeat specific
performance.-Hugel v. Habel (Sup.) 581.
Plaintiff in a suit for specific performance or
return of payments held not entitled to relief,
because of his delay and improvements by de-
fendant.-Woodenbury v. Spier (Sup.) 817.
SPIRITUOUS LIQUORS.
See "Intoxicating Liquors."
STATEMENT.
Exercise of police power to control liquor traf-
fic, see "Intoxicating Liquors," § 1.
Grant of franchises for use of streets, see "Mu-
nicipal Corporations," § 6.
Sale of liquor within certain distance of state
hospital, see "Intoxicating Liquors," § 2.
§ 1. Property, contracts, and liabilities.
*The state held to have no right to so raise
and operate a dam as to wash out and destroy
claimant's wall, built upon the shore of the
lake.-Fitzgerald v. State (Sup.) 620.
Laws denying due process of law, see "Constitu-
tional Law," § 3.
Laws impairing obligation of contracts, see
"Constitutional Law," § 2.
Provisions relating to particular subjects.
See "Adulteration"; "Appeal," §§ 2, 3, 5, 9;
"Assignments for Benefit of Creditors," § 1;
"Attorney and Client," §§ 1, 3; "Bail," § 1;
"Bankruptcy"; "Bastards," § 2; "Bills and
Notes," 1; "Bribery"; "Bridges," § 1; "Car-
riers," 88 1, 3; "Certiorari," § 1; "Chattel
Mortgages," § 3; "Contempt," § 1; "Coroners";
"Corporations"; "Costs"; "Counties," §§ 1, 2;
"Courts," §§ 2, 3; "Criminal Law," §§ 1, 3,
5-7; "Death," § 1; "Depositions"; "Descent
and Distribution"; "Discovery," § 1; "Dis-
missal and Nonsuit," § 1; "Divorce," § 1;
"Elections," §§ 1-3, 5; "Eminent Domain";
"Execution," § 2; "Executors and Administra-
tors," §§ 1-6; "Factors"; "False Pretenses";
"Food"; "Gas"; "Highways," §§ 1, 2; "In-
dians"; "Injunction," § 4; "Intoxicating Liq-
uors"; "Judgment,' §§ 6, 7; "Jury"; "Jus-
tices of the Peace," § 1; "Landlord and Ten-
ant," $$ 3, 4; "Larceny," § 2; "Mandamus,"
§ 1; "Marriage"; "Master and Servant." §§ 2,
5, 8, 10, 11; "Mechanics' Liens"; "Monopo-
lies," § 1; "Mortgages," § 3; "Municipal Cor-
porations," §§ 1, 3-8; "Negligence," § 1; "Of-
ficers," § 1; "Parties," §§ 1, 2; "Partition,"
81; "Paupers," § 1; "Pleading," §§ 6, 8;
"Powers," §§ 1, 2; "Railroads," §§ 1-4; "Re-
ceivers," § 1; "Schools and School Districts,"
§ 1; "Street Railroads," § 1; "Taxation":
"Telegraphs and Telephones," §§ 1, 2;
"Towns,' § 1: "Trade-Marks and Trade-
Names," § 3; "Trial," §§ 1, 6; "Vendor and
Purchaser," § 3; "Warehousemen"; "Wills,"
§§ 1, 4, 6; "Woods and Forests."
Statute of frauds, see "Frauds, Statute of."
§ 1. Enactment, requisites, and validity
in general.
*The unconstitutional provision of Laws 1880,
p. 872, c. 582, allowing a substitute for the
consent of local authorities to the construc-
tion of an underground street railway required
by Const. art. 3, § 18, held capable of being
Of case or facts for purpose of review, see "Ap- stricken from the act without affecting the re-
peal," § 6.
of plaintiff's claim, see "Pleading," § 2.
mainder.-New York & L. L. R. Co. v. O'Brien
(Sup.) 909.
*Point annotated. See syllabus.
and 140 New York State Reporter
*Where a part of a statute is unconstitution- | preme Court by the Governor, held re-enacted
al, it does not render the remainder void unless by its amendment in 1895 (Laws 1895, p. SUS,
all the provisions are so connected that it can- c. 946, § 234).-People v. Neff (Sup.) 747.
not be presumed that the Legislature would have
passed the one without the other.-New York
& L. I. R. Co. v. O'Brien (Sup.) 909.
2. Repeal, suspension, expiration, and
revival.
Laws 1899, p. 1514, c. 690, prohibiting mo-
nopolies, held not to have repealed Stock Cor-
poration Law, Laws 1892, p. 1834, c. 688, §
40, re-enacted by Laws 1902, p. 1751, c. 601.-
In re Consolidated Gas Co. of New York (Sup.)
§ 3. Construction and operation.
*A penal statute must be strictly construed.
-People v. Sturgis (Sup.) 61.
*A decision under Laws 1870, p. 674, c. 291,
is applicable to a state of facts arising under
Laws 1897, p. 366, c. 414.-Taylor v. Village
of Matteawan (Sup.) 841.
*Statutes passed in the exercise of the police
power of the state restricting and regulating
property rights or the pursuits of lawful oc
Code Civ. Proc. § 234, authorizing the ap-cupations and callings should be construed
pointment of extraordinary terms of the Su- strictly.-People v. Sommer (Gen. Sess.) 190.
and 140 New York State Reporter
1901, p. 179, ch. 466, § 407.
Greater New York Char-
ter
1901, p. 314, ch. 130, § 33..
1901, p. 380, ch. 173.
655
1901, p. 392, ch. 173.
Amended by Laws 1905,
Laws
p. 827, ch. 368;
1906, p. 1893, ch. 699.. 716
1901, p. 405, ch. 466, subch.
17, tit. 4. Greater New
York Charter
1901, p. 411, ch. 466, §
980. Greater New York
Charter
1899, p. 795, ch. 370, §§ 8,
12
1899, pp. 802, 805, ch. 370,
§§ 13, 15.
1899, p. 807, ch. 370, § 19.. 459
1899, pp. 808, 809, ch. 370,
809, ch. 370.
Amended by Laws 1902,
p. 805, ch. 270.
1899, p. 993, ch. 473, §
10
580, 88 330, 347.
1902, p. 1748, ch. 600.
736, 837, 975
1902, p. 1748, ch. 600, § 1.. 233
1902, p. 1749, ch. 600, § 2.. 575
1902, p. 1750, ch. 600, §
3
233
1902, p. 1751, ch. 601. 407
1902, p. 1776, ch. 608, §
2
741
1904, p. 1055, ch. 432, § 5..
1904, p. 1250, ch. 490.
1904, p. 1314, ch. 538, §
1904, pp. 1316, 1319, ch.
1902, p. 805, ch. 270.
1902, p. 896, ch. 334, §
422. Amended by Laws
1905, p. 543, ch. 285... 267
1902, p. 1488, ch. 580, § 1,
1902, pp. 1553, 1557, 1559,
ch. 580, 88 216, 231, 238.. 561
1902, p. 1563, ch. 580, §
1901, p. 114, ch. 466, § 261.
Greater New York Char-
254
1902, p. 1565, ch. 580, §
263
1905, p. 1666, ch. 655.
1905, p. 2059, ch. 729..
1906, p. 1008, ch. 414.... 878
1906, p. 1374, ch. 495.... 205
1906, p. 1385, ch. 502.
1906, p. 1388, ch. 502, §
213
1906, p. 1393, ch. 505.
1906, p. 1448, ch. 532.
1906, p. 1893, ch. 699.
Of corporations, see "Corporations," §§ 4, 6, 7. to enlarge the exception beyond the fair scope
Where a street railway company accepted a
franchise, but failed to give the bond required.
and permitted the franchise to expire by failure
to comply with the conditions, an attempt of the
highway commissioners after the expiration of
the franchise to waive the time for filing the
bond held to have no effect in extending the
franchise.-Manton v. South Shore Traction
Co. (Sup.) 82.
Where a street railway company accepted a
franchise but took no action until after its ex-
piration, held that, in case the company desired
to build the road contemplated, the steps for
obtaining an original franchise would have to be
*Point annotated. See syllabus.
Carriage of passengers, see "Carriers."
Grant of rights to use street, see "Municipal
Corporations," § 6.
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