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RIVER:

See WATERCOURSE.

RIVER BANK:

See RIPARIAN RIGHT.

PAGE.

* *

ROCHESTER - Assessment for a local improvement in Rochester - it may be
enforced against the deceased owner's personal estate although the real property
assessed has been sold therefor and bid in by the city, the title not having become
absolute.
See MATTER OF ELSNER ...

207
Tax sale of property in the city of Rochester meaning of words "sub-
ject, however, to all the claims which the people of this Stute may have thereon
for taxes.
See City of RocHESTER 0. KAPELL.

224
SALE Contract for "not less than 5,000 and no more than 3,000 cubic
yards of stone

to include all such stone as may be requiredfor a
bridge what quantity the vendor is entitled to furnish - provision as to notice
of the amount required.) The J. L. Fulton Company, which had a contract
for the performance of certain stone work, made a contract with David
Ready, a quarry owner, providing, “Mr. Ready agrees to furnish and the
J. L. Fulton Company agrees to buy not less than 5,000 and no more than
8,000 cubic yards of stone from Ready's quarries at Oil City, at a price of
$3.40 per cubic yard, f. o. b. cars Buffalo W. N. Y. & P. R. R. delivery; and
the stone to include all such stone as may be required for face stone, bridge
seats, coping and backing. If more than 5,000 yards are required three weeks
notice is to be given for the extra amount.”

Held, that Ready had a right to deliver, and to require the Fulton Com.
pany to accept, 8,000 cubic yards of stone, if that quantity was neces-
sary for the performance of the work;

That the notice, required by the contract to be given in case more than
5,000 cubic yards of stone were needed, was intended for the protection of
Ready and to enable Ready to know how long he must provide for a con-
tinuous supply of stone. READY v. Fulton Co.......

202
Champerty – purchase of a chose in action by an attorney with intent
to sue thereon — the attorney's donee or assignee may enforce it for her own
benefit — presumption that it is enforced for her benefit.
BEERS v. WASHBOND...

582
See ATTORNEY AND CLIENT.

Action to have a bill of sale absolute in form adjudged to have been
given as security only – what proof is required to sustain it — fraud or mis-
take need not be established. DONNELLY v. MCARDLE.

33
See EQUITY.

Architect's building plans — after they have been filed with a build.
ing department and the architect has been paid for his services he has no fur-
ther property rights therein. WRIGHT v. EISLE...

356
See MASTER AND SERVANT.

Good will of a partnership - it passes to a trustee in bankruptcy - a
purchaser thereof may state that he is the successor" of the firm.
FREEMAN v. FREEMAN,

110
See PARTNERSHIP.
Of a decedent's estate for the payment of debts.
See EXECUTOR AND ADMINISTRATOR.
Prer of, by an executor.

See EXECUTOR AND ADMINISTRATOR.
SCHOOL – Taxpayer's action the construction of a school building not
enjoined upon purely technical objections.] 1. Where a taxpayer's action,
brought under chapter 301 of the Laws of 1892, to enjoin the board of educa-
tion of the union free school district of the city of Jamestown from pur.
chasing a site and erecting a school building thereon, is based solely upon
the objection that the board of education has not strictly complied with all
the required technical, legal formalities, the court will not, when it appears

.

PAGE.

SCHOOL - Continued.
that there has been a substantial compliance with the law, and that the public
needs require the construction of the school building and that no bad faith
is shown, grant the plaintiff the desired injunction. Lawson v. LINCOLN.. 217

2. - Extra allowance.] In such an action the Appellate Division con-
sidered that an extra allowance of costs should not be granted to the
defendants. Id.

3. Form of notice of the special meeting of the inhabitants.] Section 8
and subdivision 2 of section 13 of title 8 of the Consolidated School Law
(Laws of 1894, chap. 556), which provide that the notice, required to be
published by the board of education of a union free school district in a city,
of a special meeting of the inhabitants of the school district, for the pur-
pose of authorizing the purchase of sites and the erection of school build.
ings and the raising of money to pay for the same, shall state the amount
and object of the sum to be raised, do not require that the amounts to be
expended for the various items be separately stated. Id.

4. — The special meeting need not give specific directions concerning the
school building.) The statute does not require the special meeting of the
inhabitants tv give any specific directions relative to the construction of the
school building, but such matters may be left to the discretion of the board
of education. Id.

5. Attendance officers in the territory added to the city of New York by
chapter 378 of the Laws of 1897 they were not transferred to the educational
system of the Greater New York.] The expressions, educational staff” and

other members of the educational staff in the public school system,” used
in section 1117 of the Greater New York charter (Laws of 1897, chap. 378),
which specified what persons connected with the public school system in the
territory out of which the city of Greater New York was formed, should be
part of the educational system of such city, did not include attendance
officers. PEOPLE EX REL. FITZGERALD v. Bp. EDUCATION..

537
6. Status of such an attendance officer who was mistakenly supposed to have
been so transferred.) An attendance officer of a school district in a town incor-
porated into the city of Greater New York, who was mistakenly supposed to
have been transferred to the educational system of the greater city, and who,
for a number of years and until he was suspended without pay, performed the
duties of an attendance officer of the greater city, is not entitled to the bene-
fit of section 1543 of the revised Greater New York charter (Laws of 1901,
chap. 466) which prescribes that employees of the city whose positions were
abolished or made unnecessary shall be entitled to a preference in appoint-
ment to any similar position. Id.

Residence for the purpose of voting — mere attendance at a seminary,
without independent acts showing an intention to change the former resi-
dence, is ineffective. MATTER OF McCORMACK...

362
See ELECTION.

SECURITY:

See Bond.
Action to have a bill of sale adjudged to have been given as security only.

See DEBTOR AND CREDITOR.
SELLING POOLS — On a horse race.

See CRIME.

SEMINARY:

See SCHOOL

SERVANT:

See MASTER AND SERVANT.
SERVICE — Of process by publication.

See PROCESS.
Of process personally.
See PROCESS.

SERVICES — Of an attorney-compensation for.
See ATTORNEY AND CLIENT.

Lien for.
See LIEN.

PAGE.

SESSION LAWS-1801, chap. 79-Injunction to prevent the execution of a
resolution adopted by the votes of members worshipping at chapels connected with
a parent church -- where such practice has been acquiesced in for many years,
and no property rights are involved, equity will not interfere.

See DAVIE v. HEAL....

_____

1880, chap. 14, § 206- · Assessment for a local improvement in Roches-
ter it may be enforced against the deceased owner's personal estate although the
real property assessed has been sold therefor and bid in by the city, the title not
having become absolute.

See MATTER OF ELSNER.....

207

1882, chap. 410, § 1458 - New York city magistrate — jurisdiction of —
disorderly conduct — legislative power to make certain conduct an offense in
New York city but not elsewhere- description of the offense in a warrant of
commitment misdemeanor under Penal Code, § 675.

See PEOPLE EX REL. SMITH v. VAN DE CARR....

1884, chap. 107, § 9- Tax sale of property in the city of Rochester —
meaning of words “subject, however, to all the claims which the people of this
State may have thereon for taxes."

See CITY OF ROCHESTER V. KAPELL....

1890, chap. 565, § 62- Change of a railroad grade crossing — the rem-
edy of a property owner injured thereby is by action and not by proceedings
under the Village Law.

See MATTER OF TORGE..

-

1892, chap. 301 — Taxpayer's action—the construction of a school build-
ing not enjoined upon purely technical objections- -extra allowance.

See LAWSON v. LINCOLN..

1892, chap. 687, § 15- Foreign stock corporations doing business in the
State of New York without a certificate — right of, after btaining a certificate,
to enforce a contract made before doing so — - the acts on this subject are not retro-
active, or, if so, are unconstitutional.

See LEWIS PUBLISHING Co. v. LENZ.....

-

1894, chap. 556, tit. 8, §§ 8, 13, subd. 2 — Form of notice of a special
meeting of the inhabitants of a school district called for the purpose of authoriz-
ing the construction of a school building — the special meeting need not give spe-
cific directions concerning the school building.

-

See LAWSON v. LINCOLN......

...

1895, chap. 570-Selling pools on a horse race when an indictment
therefor sufficiently states the crime and the acts constituting it — when it is not
defective for duplicity - if the defendant is not advised with sufficient definite-
ness of the acts with which he is charged, he should apply for a bill of particulars.
See PEOPLE v. CORBALIS..

1895, chap. 1027 Mileage book, tendered for the fare within the State
of New York on a trip, rart of which was in another State and was paid for by
a ticket purchased for that distance. - a railroad company, the successor of one
having a right to fix its charges for transportation, is subject to the Mileage
Book Acts.

See HORTON v. ERIE RAILROAD Co.......

1896, chap. 112, § 31, subd. g · Evidence - proof insufficient to sustain
a conviction of a bartender, of permitting persons, not servants or members of
his employer's family, to be present in a bar room on Sunday.

See PEOPLE v. RYAN....

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1896, chap. 547, § 53- Will—a direction that several shares of the
residue be deposited in bink and that a specified sum be paid therefrom to desig-
nated beneficiaries for life with provision over, sustained· the surplus income,
if any, passes to the persons presumptively entitled to the next eventual estate.
See REEVES v. SNOOK

517

9

224

211

217

451

217

531

379

524

303

SESSION LAWS- Continued.

1896, chap. 547, § 241- Purchase-money mortgage. -it has not priority
over a subsequent mortgage, first recorded, given to a creditor who, in considera-
tion thereof, extends the time of payment of a pre-existing debt.

See O'BRIEN v. FLECKENSTEIN. (No. 3).....

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PAGE.

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-

-1896, chap. 908, §182- Taxation of a corporation paying more than
six per cent dividends. basis of the assessment — money invested in stocks and
bonds of other corporations, when it is and when it is not capital employed
within the State of New York — capital in excess of the capital stock.
See PEOPLE EX REL. COM. CABLE Co. v. MORGAN..

---

1896, chap. 908, § 220, subd. 5, § 230 — Transfer tax — date of payment
thereof determined by the exercise of a power of appointment—the amendment of
1899 as to property "dependent upon contingencies or conditions" is inapplicable.
See MATTER OF HOWE....

...

1896, chap. 908, § 227 - Transfer tax — annuity to an executor and
trustee together with his commissions—when, in the case of a life estate, the estate
in remainder is presently taxable.

See MATTER OF HUBER......

-

1896, chap. 909, § 12— Election — the appointment of election officials
by the mayor of a city cannot be reviewed by a justice under section 11 of the
Primary Election Law.

-

See MATTER OF MCSHANE ~. MURPHY..
1897, chap. 284— Transfer tax· - date of payment thereof determined by
the exercise of a power of appointment the amendment of 1899 as to property
dependent upon contingencies or conditions" is inapplicable.

46

See MATTER OF HOWE....

1897, chap. 312 Evidence-proof insufficient to sustain a conviction
of a bartender, of permitting persons, not servants or members of his employer's
family, to be present in a bar room on Sunday.

See PEOPLE. RYAN..

....

- 1897, chap. 414, § 159 Change of a railroad grade crossing. the remedy
of a property owner injured thereby is by action and not by proceedings under
the Village Law.

See MATTER OF TORGE..

1897, chap. 446-Selling pools on a horse race — when an indictment
therefor sufficiently states the crime and the acts constituting it — when it is not
defective for duplicity if the defendant is not advised with sufficient definite-
ness of the acts with which he is charged, he should apply for a bill of particulars.

Se PEOPLE v. CORBALIS.....

1897, chap. 612, § 51 — Pre-existing debt as a consideration for a note-
it must constitute payment thereof or extend the time of payment in order to be
enforcible against an accommodation indorser.

See ROSEMAN v. MAHONY........

140

577

524

1897, chap. 378, § 1117 - Attendance officers in the territory added to
the city of New York by chapter 378 of the Laws of 1897- they were not trans-
ferred to the educational system of the Greater New York.

See PEOPLE EX REL. FITZGERALD v. Bd. EDUCATION..

286

458

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566

286

537

211

531

377

1897, chap. 754- Change of a railroad grade crossing—the remedy of
a property owner injured thereby is by action and not by proceedings under the
Village L.

See MATTER OF TORGE.....

211

1898, chap. 577-Mileage book, tendered for the fare within the State of
New York on a trip, part of which was in another State and was paid for by a
ticket purchased for that distance· -a railroad company, the successor of one
having a right to fix its charges for transportation, is subject to the Mileage Book
Acts:

See HORTON v. ERIE RAILROAD CO......

379

1899, chap. 76— Transfer tax-date of payment thereof determined by
the exercise of a power of appointment · -the amendment of 1899 as to property
dependent upon contingencies or conditions" is inapplicable.

66

See MATTER OF HOWE....

286

SESSION LAWS- Continued.

PAGE.

1899, chap. 370, § 21-Removal of a deputy tax commissioner in the
department of taxes and assessments of the city of New York-he is not a
'deputy" within the meaning of section 21 of the Civil Service Law, and cannot
be summarily removed.

66

See PEOPLE EX REL. RYAN v. WELLS...
1899, chap. 370, § 21 Civil service-a person employed to furnish
and drive a horse and wagon for the New York city department of public works
is not a "person holding a position by appointment or employment."

See PEOPLE EX REL. SEIB v. REDFIELD.

-

367

1899, chap. 451 - Banking—the statute authorizing a proceeding to
enforce payment, or the cancellation, of a lost certificate of deposit is unconstitu-
tional - right to appeal from orders made thereunder.
See MATTER OF COOK...

-

1899, chap. 473, § 11 - Election the appointment of election officials
by the mayor of a city cannot be reviewed by a justice under section 11 of the
Primary Election Law.

See MATTER OF MCSHANE v. MURPHY.

-

1901, chap. 95 Election the appointment of election officials by the
mayor of a city cannot be reviewed by a justice under section 11 of the Primary
Election Law.

See MATTER OF MCSHANE v. MURPHY.....

566

―――

1901, chap. 68 - Change of a railroad grade crossing · the remedy of a
property owner injured thereby is by action and not by proceedings under the
Village Law.

See MATTER OF TORGE.....

........

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1901, chap. 171 Banking-the statute authorizing a proceeding to
enforce payment, or the cancellation, of a lost certificate of deposit is unconsti-
tutional right to appeal from orders made thereunder.
See MATTER OF COOK...

-

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1901, chap. 409-Surrogate-his power to turn an accounting insti-
tuted by the executors of a deceased executor into a judicial settlement.

See MATTER OF FURNISS......

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.....

1901, chap. 466, §§ 300, 302— Trial of a member of the New York police
force-the charges may be heard before a deputy and the sentence be fixed by the
police commissioner — where such sentence w.18 based on four charges sustained
by the deputy, two of which were not established by the proof, the Appellate
Division ordered a new trial.

See PEOPLE EX REL. REARDON v. PARTRIDGE..

1901, chap. 466, § 685- New York city-evidence insufficient to estab-
lish the desertion of a wife by her husband-proof that the wife is likely to
become a public charge.

See PEOPLE v. CROUSE...

1901, chap. 466, § 1543 Attendance officers in the territory added to
the city of New York by chapter 378 of the Laws of 1897-they were not trans-
ferred to the educational system of the Greater New York.

See PEOPLE EX REL. FITZGERALD v. BD. EDUCATION......

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....

1901, chap. 503 — Banking the statute authorizing a proceeding to
enforce payment, or the cancellation, of a lost certificate of deposit is unconsti-
tutional right to appeal from orders made thereunder.
See MATTER OF COOK.

1901, chap. 538 — Foreign stock corporations doing business in the State
of New York without a certificate-right of, after obtaining a certificate, to
enforce a contract made before doing so — the acts on this subject are not retro-
active, or, if so, are unconstitutional.

See LEWIS PUBLISHING Co. v. LENZ...

270

...

1902, chap. 270 — Removal of a deputy tax commissioner in the depart-
ment of taxes and assessments of the city of New York- he is not a “deputy”
within the meaning of section 21 of the Civil Service Law, and cannot be sum-
marily removed.

See PEOPLE EX REL. RYAN v. WELLS......

586

211

566

586

96

310

352

537

586

451

270

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