Contract reciting that "we, the undersigned officers" of a certain corporation, agree, etc., and signed by such officers. Held a corporate, and not an individual, contract obligation.-Groves v. Acker (Sup.) 406. Members and stockholders. Refusal to allow stockholder to inspect books is not justified by the fact that he proposes to have assistance of his attorney.-People v. Nassau Ferry Co. (Sup.) 244. Director of corporation who is the husband of a stockholder is not, by reason of that fact, interested in an action which he procures to be brought against the corporation for his wife's benefit, so as to entitle a stockholder to set aside the judgment.-In re Gardner (Sup.) 326. Stockholder cannot apply to set aside judgment against corporation suffered for purpose of preferring creditors.-In re Gardner (Sup.) 326. Stockholder is liable for corporate debts contracted during default in filing annual report, though report was filed before debt became due. -Providence Steam & Gas Pipe Co. v. Connell (Sup.) 482. In action to charge stockholder with corporate debts, complaint must allege that stock was not issued in payment of property.-Herbert v. Duryea (Sup.) 1031. Foreign corporations. Foreign corporations may sue on contract made in the state where it procures certificate of authority to do business before bringing suit, but after making contract.-Neuchatel Asphalte Co. v. City of New York (Com. Pl.) 64. Statute requiring foreign corporation to obtain certificate authority before it can sue applies only to actions on a contract.-Joseph Schlitz Brewing Co. v. Ester (Sup.) 143. contracts previously made.-Providence Steam & Gas Pipe Co. v. Connell (Sup.) 482. In action against foreign corporation, facts required by Code Civ. Proc. § 1780, must affir atively appear.-Ladenburg v. Commercial Bank (Sup.) 821. When courts of New York will not take juris diction of action between foreign corporations on contract made and to be performed in foreign state.-Delaware, L. & W. R. Co. v. New York, S. & W. R. Co. (Sup.) 1081. Whether cause of action arose within the state, so as to give court jurisdiction over foreign corporation, must be determined by pleadings alone.-Delaware, L. & W. R. Co. v. New York, S. & W. R. Co. (Sup.) 1081. COSTS. In condemnation proceedings, see "Eminent Payment as condition of amendment, see Right to costs. Indemnitors substituted as defendants in place of sheriff are not entitled to separate bills of costs.-Isaacs v. Cohen (Sup.) 188. Who liable. A person beneficially interested in an action who defends in the name of another is not liable for costs.-Peetsch v. Quinn (Com. Pl.) 87; In re Curran, Id. Security for costs. A domestic corporation suing in the city court of New York cannot be required to give security for costs.-Edward Thompson Co. v. Lobenthal (City Ct. N. Y.) 417. Receiver who prosecutes action brought by corporation before his appointment will not be required to give security for costs on the ground that the corporation was insolvent, where the receiver was not proceeding in bad faith.-Hale v. Mason (Sup.) 789. vent corporation to give security for costs will When application to compel receiver of insolbe denied on ground of laches.-Hale v. Mason (Sup.) 789. Taxation. Action for rent is not converted into equitable action in which costs are in the discretion of the court merely by making motion for interpleader New York (Com. Pl.) 41. which is not granted. Schildwachter v. City of On appeal to county court no costs are taxable except such as are specified in Code Civ. Proc. § 3073.-Shaver v. Eldred (Sup.) 158. Stenographers' fees are not taxable as a dis Foreign corporation doing business in Newbursement.-Shaver v. Eldred (Sup.) 158. York before enactment of Laws 1892, c. 687, requiring a certificate of authority, is thereby authorized to continue without such certificate until the end of the year, and afterwards to sue on Costs, after notice of trial, and before trial, are not taxable, where a new trial has been granted by order.-Kummer v. Christopher & Tenth St. R. Co. (Com. Pl.) 581. Expense of copy of stenographer's minutes of former trial, procured for use on subsequent trial, is taxable as a reasonable disbursement.-Kum mer v. Christopher & Tenth St. R. Co. (Com. Pl.) 581. funds of estate.-In re Leonhard's Estate (Sup.) 303; In re Brenneman, Id. Code Civ. Proc. § 1780, providing that action against foreign corporation can be maintained only in certain cases, is not restrictive of jurisdiction of supreme court.-Ladenburg v. Com Defendants who have separate interests and appear by different attorneys are entitled to sep-mercial Bank (Sup.) 821. arate bills of costs where demurrer to entire com.plaint is sustained.-Olifers v. Belmont (Com. Pl.) 623. Extra allowance may be granted in equitable action to guardian ad litem irrespective of statutory provisions. Roberts v. New York El. R. Co. (Super. N. Y.) 685. Surrogate cannot tax sum paid to expert witness by executor in proceeding to probate will.In re Bender's Will (Sup.) 907. Finding by surrogate that compensation of exnert witness in proceeding to probate will is taxable as costs according to the course and practice of the court is not conclusive on supreme court.In re Bender's Will (Sup.) 907. Compensation of expert witness in proceeding to probate will cannot be taxed as one of the reasonable and necessary expenses which the executor may incur.-In re Bender's Will (Sup.) 907. Value of the privilege sought to be enjoined held to be amount in controversy, for purpose of computing extra allowance.-Empire City Subway Co. v. Broadway & S. A. R. Co. (Sup.) 1055. Objections to jurisdiction must be raised by demurrer or answer.-Delaware, L. & W. R Co. v. New York, S. & W. R. Co. (Sup.) 1081. COVENANTS. Restraining breach, see "Injunction." Complaint in action on covenant of warranty for peaceful possession, held not to state a cause of action.-Kidder v. Bork (Super. Buff.) 663. Covenant not to use land except for private dwelling house held not violated by maintaining dressmaking establishment in dwelling house erected thereon.-Clark v. Jammes (Sup.) 1020. CRIMINAL LAW. See, also, "Forgery"; "Larceny." Failure to support wife, see "Husband and Wife." When certificate of conviction in court of special sessions sufficiently describes the offense.People v. Webster (Sup.) 337. Conviction will be reversed where circumstances do not exclude every hypothesis except defendant's guilt.-People v. Maxwell (Sup.) 794. DAMAGES. For death by wrongful act, see "Conflict of For failure to pay customer's check, see "Banks In condemnation proceedings, see "Eminent Measure of in action against carrier of goods, An award of nominal damages for a substantial injury is erroneous.-Smith v. Ingersoll-Sergeant Rock Drill Co. (Com. Pl.) 70. Verdict for $3.600 for personal injuries held not excessive.-Paetzig v. Brooklyn City R. Co. (City Ct. Brook.) 854. Measure of damages for cutting shade trees is the difference between value of land before tree Howell cut and afterwards.-Edsall v. was (Sup.) 892. Measure of damages for breach of agreement by defendant to pay plaintiff's indebtedness to third person is amount of such indebtedness.Wright v. Chapin (Sup.) 1068. Death by Wrongful Act. Decedents. Code Civ. Proc. § 872, subd. 5, does not forbid taking deposition of infirm party to action. Claims against estates of, see "Executors and Jarvis v. Brennan (Sup.) 723. Transactions with, see "Witness." Declarations and Admissions. See "Evidence." DEED. See, also, "Fraudulent Conveyances"; "Vendor and Purchaser." Consideration, see "Fraudulent Conveyances." Where sole issue is whether plaintiff delivered a deed signed by her, it is not error to charge that it makes no difference whether plaintiff knew that the instrument was a deed.-Riddell v. Riddell (Sup.) 99. Record of deed is not vitiated because of absence of seal from certificate required by law to be appended thereto, where the record of the certificate recites that it was under seal.-Thorn v. Mayer (Super. Buff.) 664. Provision that time of record shall be noted is merely directory, where there is no question of rights depending on priority of record.-Thorn v. Mayer (Super. Buff.) 664. Certificate as to authority of acknowledging officer-Rev. St. (8th Ed.) p. 2472, § 18-is not fatally defective because it fails to state name and official character of such officer, or because it is not dated.-Thorn v. Mayer (Super. Buff.) 664. When open commission will not be denied on ground that testimony had been taken on open commission in action by another plaintiff against defendant involving same issues.-Bliss v. Hornthal (Sup.) 1018; Auffmordt v. Same, Id.; Wicher v. Same, Id. DESCENT AND DISTRIBUTION. Evidence held sufficient to show that decedent was the mother of defendants.-Lavelle v. Corrignio (Sup.) 376. Advancements. 1 Rev. St. p. 754, § 23, providing that advancements made by an intestate to his children shall be charged against their shares of his estate, does not apply to cases of partial intestacy.Kent v. Hopkins (Sup.) 767. Transfer tax. Laws 1892, c. 169, exempts from transfer tax devise to a bishop, where the tax was due, but had not been paid.-Roman Catholic Church of the Transfiguration v. Niles (Sup.) 243. Transfer tax law (Laws 1892, c. 399, § 2), exempting transfer to person to whom a transferer stands "in the mutually acknowledged relation of parent," refers only to illegitimate children. In re Hunt's Estate (Sup.) 256. Supreme court has no jurisdiction to determine whether a legacy is subject to the transfer tax as incidental to the jurisdiction to construe a will.-Weston v. Goodrich (Sup.) 382. A devise of the remainder after a life estate, if the person named as remainder-man be then living, with limitation over in case he be dead, is not taxable during the lifetime of the life tenant. In re Westcott's Estate (Surr.) 426. When testator does not stand in mutually ac knowledged relation of parent to legatee.-In re Moulton's Estate (Surr.) 578. See "Wills." Devise. Discontinuance. See "Practice in Civil Cases." DISCOVERY. Of assets of decedent, see "Executors and Administrators.' Generality in application for inspection of books is cured by particularizing the books in the order.-Hofman v. Seixas (Com. Pl.) 23. Discovery is allowable in action at law to enable plaintiff to ascertain amount for which he should demand judgment. - Hofman v. Seixas (Com. Pl.) 23. Under Code Civ. Proc. § 872, a discovery may be granted before action is commenced.-Drake v. Weinman & Co. (Com. Pl.) 177. The technical rules applicable to orders for the | made defendant.-Hennessey v. Paulsen (Super. examination of parties before trial are relaxed N. Y.) 638. where a fiduciary relation, or the relation of principal and agent, exists.-Drake v. Weinman & Co. (Com. Pl.) 177. On examination of officers of defendant corporation before trial, they will not be required to produce books and papers for inspection.-Drake v. Weinman & Co. (Com. Pl.) 177. Application for leave to examine books will be denied, where moving party declined offer to inspect the books at office of adverse party.Bearns v. Burras (Sup.) 262. When failure to produce books of late firm is and when it is not excused.-Holly Manuf'g Co. v. Venner (Sup.) 287. When discovery will be ordered to enable defendant to frame counterclaim.-Albany Brass & Iron Co. v. Hoffman (Sup.) 600. Order of county judge for inspection of books or to show cause, together with refusal to allow inspection, is equivalent to demand and refusal.Albany Brass & Iron Co. v. Hoffman (Sup.) 600. Dismissal. Of action, see "Practice in Civil Cases." Of appeal, see "Appeal." Distribution. See "Descent and Distribution." DIVORCE. Divorce obtained in a foreign state will not be recognized in New York, where defendant continued to be a resident of New York, did not personally appear in the action, and was personally served with process. In re Degaramo's Estate (Sup.) 502. DOWER. When the widow is not dowable in real estate owned by firm of which her husband was a member.-Riddell v. Riddell (Sup.) 99. Complaint in action for dower must allege that defendant is an occupant of the premises, or that he exercises acts of ownership, or claims title.Connolly v. Newton (Sup.) 102. EASEMENTS. Restraining interference with, see "Injunction." Value of, see "Eminent Domain." When acquiescence by owner of land under claim of right of way thereover will be implied.Bushey v. Santiff (Sup.) 473. Prescriptive right of way cannot be established without showing definite line of travel.Bushey v. Santiff (Sup.) 473. EJECTMENT. Failure to make an occupant defendant is not available as a defense to another occupant who is Where default has been made in payment of interest on mortgage loan made by state, under Laws 1837, c. 150, mortgagor's title is divested, and he cannot sue in ejectment for the land.Goodhart v. Street (Super. N. Y.) 687. Evidence of acts of ownership by defendant held admissible. Mangam v. Village of Sing Sing (Sup.) 843. ELECTION OF REMEDIES, When action to recover possession of goods does not preclude plaintiff from suing for the proceeds thereof.-Heidelbach v. National Park Bank (Sup.) 794. ELECTIONS AND VOTERS. When poll clerks may be appointed by the inspectors of election.-Howe v. City of Rochester (Sup.) 119. ELECTRICITY. Contract between city and electrical subway company held not to give such company exclusive right to maintain subways in street.-Empire City Subway Co. v. Broadway & S. A. R. Co. (Sup.) 1055. Elevated Railroads. See "Eminent Domain." EMINENT DOMAIN. Denial of motion to dismiss petition, see "Appeal." It is error for commissioners in condemnation proceedings to direct by their report that all taxes on the premises shall be deducted from the award.-In re South St. Paul Street (Sup.) 141. In condemnation proceedings by the city of Rochester the county court has no power to set aside the award of commissioners for error.-In re South St. Paul Street (Sup.) 141. Statement in decision that easements taken by construction and operation of elevated railroad in street were worth $1,200 does not violate rule that such easement has only nominal value.Reilly v. Manhattan Ry. Co. (Sup.) 391. Finding as to value of easement taken by elerated railroad company held not to include efert v. Metropolitan El. Ry. Co. (Super. N. Y.) 560. feet of noise and vibration on that value.-Stein Damages to premises by construction of elevated railroad in street on which premises abut is not subject to set-off for benefits to adjacent premises not abutting on such street.-Missionary Society of St. Paul the Apostle v. New York El. R. Co. (Super. N. Y.) 648. Judgment for damages against elevated rail road for interfering with easements appurtenant to real estate must require release of premises | the fund in his hands.-Bamberger v. Fillebrown injured and of liens thereon.-Kissam v. Brook- (Com. Pl.) 614. lyn El. R. Co. (Sup.) 740. Evidence held not sufficient to show that construction of defendant's elevated railroad injured plaintiff's abutting property. - Beck v. Brooklyn El. R. Co. (Sup.) 764. When renewal of a lease will not be rescinded at the instance of the lessee, on the ground that she was induced by the representations of the lessor to waive her rights.-Terry v. Moore (Com. Pl.) 846; Syms v. Same, Id. Refusal to find that benefited portion of premises alleged to have been injured by the construction of elevated railroad in street on which-Finlay v. Leary (Sup.) 872. it abuts exceeded injuries to other portions held Equity has jurisdiction to set aside unconscionable agreement between attorney and client. erroneous. Market V. Manhattan Ry. Co. (Sup.) 842. When deed of land, part of which had been condemned for public use, does not pass award for portion taken.-Simms v. City of Brooklyn (Sun.) 859. Rental value of the premises alleged to have been injured by construction of elevated railroad in front thereof is total sum for which they may be rented without deducting for vacancies.Brooklyn El. R. Co. v. Lewis (Sup.) 881. Petition in condemnation proceedings may be amended.-City of Syracuse v. Stacey (Sup.) 929. Petition in proceeding to condemn water rights held not to sufficiently describe the property sought to be condemned.-City of Syracuse v. Stacey (Sup.) 929. Rule that contract will not be rescinded un less complaining party returns what she received ment.-Smith v. Fisher (Sup.) 1059. Stronger degree of proof will be required to re- ESTOPPEL. at 10 per cent. money placed in his hands by Statement by defendant that he had invested plaintiff, estops him to deny the investment, and claim credit for excess paid over legal interest.-Davis v. Myers (Sup.) 352. Eviction. The condemnation law (Code Civ. Proc. c. 23) applies to proceedings by the city of Syracuse to condemn water rights in the Skaneateles Lake for the purpose of obtaining water as provided See "Landlord and Tenant." by Laws 1889, c. 291, as amended by Laws 1890, c. 314.-City of Syracuse v. Stacey (Sup.) 929. Syracuse water board is not authorized to condemn right to law water pipe from the Skaneateles Lake other than 30-inch pipe mentioned in Laws 1890, c. 314.-City of Syracuse v. Benedict (Sup.) 944. Separate bills of costs will not be allowed against defendants who answer jointly in proceeding to condemn land owned by them as partners.-City of Syracuse v. Benedict (Sup.) 944. Averments in petition, when denied by answer, must be proven by petitioner.-City of Syracuse v. Benedict (Sup.) 944. When benefits cannot be offset against damages in proceeding to condemn easements in street by elevated railroad.-Brooklyn El. R. Co. v. Flynn (Sup.) 974. When lessee of premises injured by construction of elevated railroad has a cause of action against the company.-Crimmins v. Metropolitan El. Ry. Co. (Sup.) 984. EQUITY. Action for accounting, see "Accounting." Conversion of realty into personalty, see "Conversion." EVIDENCE. See, also, "Deposition"; "Discovery"; "Wit ness. Weight and sufficiency on appeal, see "Appeal." sometimes buy land intending to resell before Declarations and admissions. Declarations of notary are not admissible to impeach a certificate made by him.-Kranichfelt v. Slattery (Com. Pl.) 27. Acts and declarations inter alios are not admissible to affect parties to an action.-Henry v. Agostini (Com. Pl.) 37. Answer in action for injury to goods held not an admission of charges in complaint.-Tucker v. Pennsylvania R. Co. (Com. Pl.) 93. When the declarations of agent are admis sible against principal.—Dakin v. Walton (Sup.) 203. Declarations of occupants of portions of a tract of land as to the boundaries thereof are evidence only of the extent of their possession. Defense of adequate remedy at law must be -Skinner v. Odenbach (Sup.) 282. pleaded.-Gage v. Lippman (Com. Pl.) 59. Equity has jurisdiction in an action by receiver in supplementary proceedings to determine priorities, where conflicting claims are made against A party may take advantage of admissions in his adversary's pleading, so far as they are in his favor, and disprove the residue.-Cromwell v. Hughes (Super. N. Y.) 643. |