repeated.-Manton v. South Shore Traction Co. SUBTERRANEAN WATERS. SUBWAYS. An underground tunnel railroad with a large See "Waters and Water Courses," § 1. 909. § 2. Regulation and operation. See "Street Railroads," § 1. Enactment and validity of laws authorizing con- *A traveler driving across a street railway *In an action for injuries to plaintiff in a SUIT. SUMMARY PROCEEDINGS. Recovery of possession by landlord, see "Land- *Defendant's motorman held negligent in run- SUMMONS. SUPERSEDEAS. *One suing for injuries sustained in being On appeal, see "Appeal," § 5. In action against street railway company for STREETS. See "Highways"; "Municipal Corporations," STRIKES. See "Trade-Unions." SUBROGATION. On foreclosure, party not served, but entitled SUBSCRIPTIONS. SUPPLEMENTAL PLEADING. See "Pleading," § 5. SUPPLEMENTARY PROCEEDINGS. See "Execution," § 3. SURETYSHIP. See "Principal and Surety." SURRENDER. Of insurance policy, see "Insurance," § 4. Of possession of demised premises, see "Land- SURVIVORSHIP. Of devisees or legatees, see "Wills," § 5. SUSPENSION. To corporate stock, see "Corporations," § 3. SUBSTITUTION. Of devisees or legatees, see "Wills," § 5. SWINDLING. See "False Pretenses." TAXATION. and 140 New York State Reporter Laws relating to taxation of mortgages as im- Nonpayment of tax as causing incumbrance on Local or special taxes. See "Highways," § 2; "Municipal Corpora- Assessments for municipal improvements, see Occupation or privilege taxes. § 1. Liability of persons and property. *Money of a foreign corporation invested in Under Laws 1906, p. 1448, c. 532, providing a *A tax will not be held to be imposed on prop- § 2. Levy and assessment. *Under the corporation tax law, dividends Under Laws 1896, p. 882, c. 908, § 250, re- In valuing the interest of a lessee in leased property did not justify an assessment against Under Tax Law, Laws 1896, p. 800. c. 908, Under Tax Law, Laws 1896, p. 802, c. 908. § *Failure to describe entire tract not subdivided *Failure of the supervisors to extend the tax *Failure of assessors to verify the assessment § 3. Sale of land for nonpayment of tax. Sale of lands by the Comptroller by descrip- The sale of more lands than are covered by *The sale en masse of lands assessed as non- resident lands, in which various persons have Where one tax has been paid on lands, the *Where the lands are so indefinitely described *Affidavit of service of notice of sale of land 4. Tax titles. Conveyance given without any actual sale for *Failure of Comptroller's deed to indicate the The fact that property of corporations leased p. *Laws 1885, p. 758, c. 448, and Laws 1896, Comptroller after record for two years con- *Laws 1896, p. 841, c. 908, § 132, making con- *Laws 1896, p. 841, c. 908, § 132, held repug- *A conveyance without actual sale held not cent. under Transfer Tax Act, Laws 1896, p. Provision for payment to sister and sister's The surrogate, on an order to show cause, has TAXATION OF COSTS. See "Costs," § 4. TEACHERS. *Laws 1896. p. 841. c. 908, §§ 131, 132, held § 5. Legacy, inheritance, and transfer Under Tax Law, Laws 1901, p. 392, c. 173, § *A vested property right under a will could *Under Tax Law, Laws 1896, p. 868, c. 908, The original issuance of stock by a corpora- TELEGRAPHS AND TELEPHONES. Erection of telephone pole in street, see "Mu- Reception of evidence in action to restrain erec- Use by telephone company of highway condemn- Validity of contract between telephone com- § 1. Establishment, maintenance. construction, and *While the erection and maintenance of a *Under Laws 1905, c. 368, p. 829, § 221, be- *Under Laws 1905, c. 368, p. 829, § 221, be- Share of estate devised to grandneice on death § 2. Regulation and operation. TEMPORARY ADMINISTRATION. of testatrix held assessable at the rate of 5 per See "Executors and Administrators," § 2. TENANCY IN COMMON. and 140 New York State Reporter THEFT. See "Larceny." TIMBER. Husband and wife as tenants in common, see "Husband and Wife," § 1. § 1. Mutual rights, duties, and liabilities of co-tenants. A tenant cannot by injunction exclude his co- Removal of as trespass, see "Trespass," §§ 1, 2. tenant from occupation of the lands held in common.-People v. Golding (Sup.) 821. TENDER. See "Deposits in Court." In a suit by a seller in a conditional sale for the chattels, tender of the price made on the trial held sufficient as against the objection that costs should have been included.Kindelberger v. Kunow (Sup.) 597. *The delivery of money on condition that it shall be held and repaid in a certain event does not constitute a valid tender.-Persons v. Gardner (Sup.) 616. *Where a composition agreement is set up as a defense to a common-law action on the original obligation, and tender thereunder is shown, the tender need not be kept good where the same was refused.-Rosenzweig v. Kalichman (City Ct.) 860. THEATERS AND SHOWS. Combination to control theaters, see "Monopolies," § 1. Preliminary injunction to restrain performance by actor, see "Injunction," § 4. TIME. For particular acts in or incidental to judicial proceedings. Granting certiorari, see "Certiorari," § 1. For particular acts not judicial. Filing nomination certificate, see "Elections," § 1. Performance of contract, see "Contracts," § 2. Renewal of lease, see "Landlord and Tenant," § 2. *Ordinarily a contract by the day means the calendar day, or the hours of a calendar day ordinarily used.-Collins v. Carlin (Sup.) 235. TITLE. Estoppel to assert title, see "Estoppel," § 1. Tax titles, see "Taxation," § 4. To trade-mark or trade-name, see "Trade-Marks and Trade-Names," § 2. See "Counties"; "Municipal Corporations": "Schools and School Districts," § 1. Maintenance and repair of bridge, see "Bridg es," § 1. § 1. Claims against towns. The allowance of a claim of the town clerk of the town of White Plains by a resolution of the town board of auditors, which was filed in the office of the town clerk and the making of a *Point annotated. See syllabus. certificate by the clerk certifying that his bill had been allowed, which was delivered to the supervisor of the town, held a sufficient allowance of the claim under Town Law, § 162 (Laws 1897, p. 663. c. 569, as amended by Laws 1906, p. 1393, c. 505), made applicable by Town Laws, 174 (Laws 1890, p. 1236, c. 569, as amended by Laws 1896, p. 33, c. 85).-Central Bank of Westchester County v. Shaw (Sup.) 94. Where the board of town auditors of the town of White Plains proceeding in substantial conformity with Town Law, § 162 (Laws 1897, p. 663, c. 569, as amended by Laws 1906, p. 1393, c. 505), made applicable by Town Laws, § 174 (Laws 1890, p. 1236, c. 569, as amended by Laws 1896, p. 33, c. 85), audited and allowed a claim against the town, they cannot by subsequent action disallow it.-Central Bank of Westchester County v. Shaw (Sup.) 94. Boards of town auditors which derive their power solely from the statute and whose members act in a semijudicial capacity, exhaust their authority under the statute and are without power to reconsider, revise, review, or annul their own judicial action after it has once been legally exercised.-Central Bank of Westchester County v. Shaw (Sup.) 94. TRADE-MARKS AND TRADE-NAMES. *Irrespective of any question of a right protected by a patent, a party may not always appropriate to his own use a business label in prior use by another where such act deceives the ordinary buyer.-Westcott Chuck Co. v. Oneida Nat. Chuck Co. (Sup.) 1016. In an action by a manufacturer to recover damages for unfair competition in the sale of an article the patents on which had expired, proof of actual deception of purchasers held necessary.-Westcott Chuck Co. v. Oneida Nat. Chuck Co. (Sup.) 1016. Mere possession of a box of siphons by defendant held not a use thereof within Laws 1896, pp. 996, 997, c. 933, §§ 1, 2, providing for the protection of trade-marks and trade-names, and hence was insufficient to support a conviction, since, under section 3, p. 998, defendant not being a junk or second-hand dealer, mere possession alone was not presumptive evidence of unlawful use.-People v. Sommer (Gen. Sess.) 190. TRADE UNIONS. Restraining picketing by union strikers, see "Injunction," § 2. A strike of members of a labor union against an increase of labor without an increase of § 1. Marks and names subjects of own- compensation or to improve the condition of ership. its members as laborers, though not so an*Trade-names and trade-marks defined and dis-nounced at the time, is justifiable.-Searle Mfg. tinguished.-Ball v. Broadway Bazaar (Sup.) Co. v. Terry (Sup.) 438. 249. § 2. Title, conveyances, and contracts. *An exclusive right may be acquired in the name in which a business has been carried on, and it will be protected by injunction against infringement.-Andrew Jurgens Co. v. Woodbury (Sup.) 571. § 3. Infringement and unfair competition. Plaintiff's trade-name held not infringed by that of defendant.-Ball v. Broadway Bazaar (Sup.) 249. *A purchaser of the right to manufacture and sell soap known as "Woodbury" soap held entitled to restrain the seller from manufacturing and selling soap known as "Woodbury's New Skin Soap."-Andrew Jurgens Co. v. Woodbury (Sup.) 571. Members of a labor union held justified in method employed by them to aid fellow members in maintaining a strike.-Searle Mfg. Co. v. Terry (Sup.) 438. TRANSCRIPTS. Of record for purpose of review, see "Criminal Law," § 7. TRANSFER OF CAUSES. See "Trial," § 1. See "Taxation," § 5. TRANSFER TAX. TREES. In an action to restrain unfair competition, a supplemental answer setting up a patent secured by defendants will not be held frivolous because it cannot constitute a complete defense where it is possible that some of the acts of See "Woods and Forests." unfair competition alleged may be justified by the invention.-Silver & Co. v. Waterman (Sup.) 899. *In an action to enjoin defendants from imitating plaintiffs' trade-marks, the facts shown examined, and held sufficient to establish a prima facie case of infringement, and hence plaintiffs should be awarded a temporary injunction. -Boker v. Korkemas (Sup.) 904. TRESPASS. By servant, see "Master and Servant," § 12. Joinder of action for trespass with equitable action for injunction to prevent further trespass, see "Action," § 1. Restraining trespass, see "Injunction," § 2. *Point annotated. See syllabus. |