PROPERTY.

See "Trade-Marks and Trade-Names." Protection of rights of property by injunction, see "Injunction," § 1.

Taking for public use, see "Eminent Domain."

PROTEST.

Of bill or note, see "Bills and Notes."

PROVINCE OF COURT AND JURY.

In civil actions, see "Trial," § 5.

PUBLIC BUILDINGS.

See "Municipal Corporations," § 7.

PUBLIC IMPROVEMENTS.

By municipalities, see "Municipal Corporations," § 5.

PUBLIC SCHOOLS.

See "Schools and School Districts," § 1.

PUBLIC USE.

property occupied by him.-Stokes v. Hoffman House (Sup.) 821.

A receiver of the property of a corporation does not, by remaining in possession of premises leased by the corporation, render the funds in his hands as receiver liable for rent.-Stokes v. Hoffman House (Sup.) 821.

A receiver of the property of a corporation held entitled to recover back money wrongfully paid by him for rents.-Stokes v. Hoffman House (Sup.) 821.

§ 2. Allowance and payment of claims. Costs of motion to direct payment of a fund in hands of a receiver to the trustee of the corporation entitled thereto held chargeable to the fund. In re Hulbert Bros. & Co. (Sup.) 959.

An action may be brought against the receiver of a railroad company, for coal sold to and used by the receiver in the operation of the road, without suing the company or any other party.Cobb v. Sweet (Sup.) 545.

The fact that the property of a railroad company in the possession of its receiver, and properly at his command, cannot be charged with the payment of claims, if such company exists, without bringing it in as a party defendant, only goes to the extent of the relief sought.-Cobb v. Sweet (Sup.) 545.

Complaint against receiver of railroad held to state a cause of action.-Cobb v. Sweet (Sup.)

PUNISHMENT.

Contempt of court, see "Contempt," § 2.

RAILROADS.

See "Street Railroads."

An allegation that a receiver was "duly" appointed suffices to admit proof of the regularity of his appointment.-Morgan v. Bucki (Sup.) 929.

A complaint of a receiver appointed in sequestration proceedings which fails to allege that leave of court had been obtained to bring the suit is demurrable.-Morgan v. Bucki (Sup.) 929. The right of a receiver appointed in sequestration proceedings to bring suit does not fall tiff was "duly" appointed receiver, since the right is not incidental to his appointment.-Morgan v. Bucki (Sup.) 929.

riers."

§ 1. Operation.

An instruction allowing recovery, in an action for injuries caused by defendant's conductor in removing trespasser from a train, held proper, as being based on he latter's version of the transaction.-Barrett v. New York Cent. & H. R. R. Co. (Sup.) 9.

Instructions relative to operation of gates at crossings held not error.-Edgerley v. Long Island R. Co. (Sup.) 677.

RECORDS.

See "Mortgages," § 2.

Transcript on appeal, see "Appeal," § 7.

REDEMPTION.

RULES OF COURT.

Orders, see "Motions."

SALES.

See "Vendor and Purchaser."

Of intoxicating liquors, see "Intoxicating Liq

uors.

Tax sales, see "Taxation," § 3.

1. Requisites and validity of contract.

A wife, orally agreeing to pay for coal to be delivered to her insolvent husband for use in his business, held liable therefor as for goods purchased by her.-Franklin Coal Co. v. Hicks (Sup.) 875.

§ 2. Modification or rescission of contract.

Where the claim of rescission of a sale is based on an instruction from the husband of the buyer, his authority to give such instruction must be shown.--Hornberger v. Feder (Sup.) 865.

Title to the property sold cannot be revested in the seller by rescission of the sale, where the contract of sale is fully executed; there being a valid delivery, and no fraud.-Hornberger v. Feder (Sup.) 865.

Where one who has been induced to purchase property by false representations as to its quality returns it to the vendor, the jury are authorized to find that the purchaser rescinded the sale. Cushman v. De Mallie (Sup.) 878.

§ 3. Performance of contract.

Evidence held sufficient to show acceptance of goods sold.-O'Sullivan v. New York Lumber Corp. (Sup.) 493.

§ 4. Operation and effect.

A vendor held entitled, on rescission of sale for fraud, to recover goods from one to whom the purchaser had transfered, when the latter had notice of the fraudulent intention of the purchaser.-Gowing v. Warner (City Ct. N. Y.) 500. 5. Warranties.

An implied warranty in an executory contract of sale survives the acceptance where the defects were not discoverable on ordinary inspection.-Osborn v. American Ink Co. (Sup.) 70.

Where a bill of sale conveys all right, title, and interest in a liquor tax certificate, the seller expressly warrants the sale, although not in possession of the certificate at the time.-Frank v. Forgotston (City Ct. N. Y.) 1118.

If the language used at the time of a sale, on a fair construction, is equivalent to an undertaking on the part of the owner that the property is what it is represented to be, it is sufficient to create a warranty, without the use of the word "warrant" or "warranty."-Petty v. Fish (City Ct. N. Y.) 1127.

§ 6. Remedies of seller.

In an action to recover for hay sold, where defendant refused to receive for defect in quality, what the agreement was as to quality, and

whether hay delivered corresponded therewith, is for jury.-Carey v. Baldwin (Sup.) 581.

In an action to recover for hay sold, where the defendant refused to receive it, as not up to the quality agreed on, and the railroad company sold it for transportation charges, the price for which the company sold it is immaterial.-Carey Baldwin (Sup.) 581.

One claiming a breach of warranty as a defense to a check given in payment for goods sold has the burden of proving the breach.-Sharples v. Angell (Sup.) 643.

Where plaintiff sued for goods sold to a third party as the agent of defendant, and the sale was made to third party while acting for himself. and defendant guarantied payment, it was error to refuse to instruct that, if there was a sale to the third party, and an agreement by defendant to guaranty payment, the verdict should be for defendant.-Booth v. Newton (Sup.) 727.

Where, in action for goods sold to defendant's decedent, the evidence showed that the goods were sold to another, and that defendant's decedent guarantied the payment, the complaint should be dismissed.-Booth v. Newton (Sup.) 727.

§ 7. Remedies of buyer.

A breach of an express warranty survives the acceptance, and the buyer need not return or offer to return the defective goods to entitle him to damages.-Osborn v. American Ink Co. (Sup.) 70.

fee of a certain grade and standard, and coffee Where a contract required delivery of Rio coftendered was of such grade, an instruction that the seller was required to deliver natural coffee was erroneous.-Crossman v. Lurman (Sup.) 560.

Evidence that coffee was covered by an opaque substance, without proof that the covering concealed damage, was not sufficient to justify the buyer's refusal to accept under Public Health Laws, § 41.-Crossman v. Lurman (Sup.) 560.

Where coffee tendered was covered by an opaque substance, evidence that such substance did not conceal any defects was competent. to show that the sale was not prohibited by Public Health Laws, § 41.-Crossman v. Lurman (Sup.) 560.

Error in charging that plaintiff could not recover without proof of express warranty held prejudicial.-Rogers v. Beckrich (Sup.) 725.

A complaint for breach of warranty, failing to state whether the warranty was express or implied. is supported by proof of either.-Rogers v. Beckrich (Sup.) 725.

and after the breach of contract is not admissible to fix damages in an action for failure to deliver goods contracted for.-Freedman v. Dobson (City Ct. N. Y.) 1115.

Evidence of the market value of goods before

§ 8. Conditional sales.

Seller held not to waive his right to reclaim goods under conditional sale by an unsuccessful attempt to collect notes given therefor by suit. -American Box Mach. Co. v. Zentgraf (Sup.) 417.

SATISFACTION.

See "Compromise and Settlement."

SAVINGS BANKS.

See "Banks and Banking," § 3.

SCHOOLS AND SCHOOL DISTRICTS.

§ 1. Public schools.

Consolidated school law, authorizing the city to establish certain schools for colored children, held not in violation of Const. art. 9. § 1, providing that the legislature shall establish a system of free common schools. People v. School Board of Borough of Queens, New York City (Sup.) 330.

Under Laws 1899, c. 417, an unexpended balance of the salary fund of the borough of Brooklyn need not be applied to the payment of the increase in salaries of teachers affected by the act, but may be applied to the payment of an increase in salaries of other teachers provided for by the board.-McCabe v. Cook (Sup.) 588.

Laws 1895, c. 767, authorizes a town to pension only such school teachers as had taught in the town 25 years prior to the passage of the act.-People v. Town Board of Plattsburg (Sup.) 932.

SEPARATE ESTATE.

Of married women, see "Husband and Wife," § 3.

SERVICE.

Of process, see "Process," § 1.

SERVICES.

See "Work and Labor."

SERVITUDES.

See "Easements."

SET-OFF AND COUNTERCLAIM.

Counterclaim held to allege facts sufficient to constitute a cause of action on which such counterclaim was based.-Foley v. Scharmann (Sup.) 969.

SETTLEMENT.

See "Compromise and Settlement"; "Payment."

1.

SHERIFFS AND CONSTABLES.

Powers, duties, and liabilities. An officer is entitled, in an action against him for an attachment levy, to the benefit of the short statute (Code Civ. Proc. § 385), though, as to the plaintiff, he may have trespassed.-Hill v. White (Sup.) 515.

Evidence held to show that an attachment levy was made before November 5, 1889, so that limitations had begun to run before that date against the officer for making the levy.-Hill v. White (Sup.) 515.

plementary proceedings could not be recovered Money deposited with the sheriff as bail in supfrom the sheriff without showing the termination of the attachment proceedings.-Alexander v. Creamer (Sup.) 539.

against the sheriff for money deposited as bail Verdict should not be directed, in a suit in attachment, when the complaint fails to show that the attachment proceedings are terminated. but the complaint should be dismissed.-Alexander v. Creamer (Sup.) 539.

SLANDER.

See "Libel and Slander."

SLEEPING CARS.

See "Clubs."

SOCIETIES.

SPECIFIC PERFORMANCE.

§ 1. Nature and grounds of remedy in general.

It is the court's duty to grant specific performance of a contract, where no sufficient excuse for nonperformance was proved, and plaintiff cannot be adequately compensated in damages.Goddard v. American Queen (Sup.) 133.

§ 2. Contracts enforceable.

A decree requiring specific performance of a contract for an exclusive advertising right in a monthly magazine for 18 months held not so difficult of execution as to preclude the granting of the decree.--Goddard v. American Queen (Sup.) 133.

3. Good faith and diligence.

Specific performance of land contract executed 25 years prior to action denied, where vendee practically abandoned his rights under it until after land became valuable because of oil therein.-Darrow v. Bush (Sup.) 2.

Where party seeking specific performance is guilty of unreasonable delay, relief will be de- | nied, though lapse of time may be insufficient to bring case within statute of limitations.--Darrow v. Bush (Sup.) 2.

Plaintiff was not entitled to decree for specific performance, where she had done nothing towards performing her part of the agreement.-Lennon v. Farrell (Sup.) 370.

$ 4. Proceedings and relief.

That a third party's rights might be injuriously affected by decreeing specific performance of a contract held not to preclude the granting of the decree.-Goddard v. American Queen (Sup.)

133.

The specific performance of a written agreement cannot be enforced in an action for the specific performance of a parol agreement.-Lennon v. Farrell (Sup.) 370.