lateral for an antecedent debt.-Sutherland v. Of covenant, see "Covenants," § 1.
Mead (Sup.) 504.
Of warranty, see "Sales," §§ 4, 6.

Fraudulent diversion of a note held an af-
firmative defense, which must be pleaded.-
Sutherland v. Mead (Sup.) 504.

Under Negotiable Instruments Law, § 98, held
that, a note having been fraudulently diverted
from its purpose, the holder has the burden of
proving he acquired title in due course.-Suther-
land v. Mead (Sup.) 504.

Whether the maker of a note acquiesced in
the application of a payment to the last note of
a series, instead of the first, held a question for
the jury.-Root v. Kelley (City Ct. Ñ. Y.) 482.

The presumption that a deed of land bounded
by an existing road carries the fee to the center
thereof is strengthened by a recital of a pur-
pose to dispose of the entire estate. - Van
Winkle v. Van Winkle (Sup.) 612.

To overcome the presumption that a convey-
ance of land bounded by an existing road car-
ries the fee to the center thereof, there must
be express words explicitly excluding the high-
way.-Van Winkle v. Van Winkle (Sup.) 612.

BRIDGES.

§ 1. Establishment, construction, and
maintenance.
The action of a town board in rejecting a
claim for services in the repair of a bridge, pre-
sented by the commissioners of highways as re-
quired by Laws 1890, c. 568, § 10, as amended,
held not a bar to proceedings by the claimant
to procure audit and payment.-People v. Town
Board of Oyster Bay (Sup.) 309.

In auditing the claim of a person employed by
the commissioners of highways to repair bridge,
the town board may act on their own knowl-
edge of the facts.-People v. Town Board of
Oyster Bay (Sup.) 309.

by Laws 1895, c. 606, and Laws 1899, c. 84,
Under Laws 1890, c. 568, § 10, as amended
the commissioners of highways may employ a
person to superintend the repair of a bridge at
the expense of the town board.-People v.
Town Board of Oyster Bay (Sup.) 309.

§ 2. Regulation and use for travel.

Under Laws 1881, c. 700, the fact that a high-
way commissioner was without funds with
which to repair a damaged bridge held a de-
fense in an action against the town for injuries
caused by the giving way of a defective bridge.
-Lee v. Town of Berne (Sup.) 107.

In an action against a town for injuries caus-
ed by defective bridge, highway commissioner
held not guilty of negligence.-Lee v. Town of
Berne (Sup.) 107.

BROKERS.

§ 1. Duties and liabilities to principal.
Complaint in an action to recover money al-
leged to have been paid on account of stock to
be purchased by defendants, and wrongfully
converted, held demurrable for failure to show
that defendants were in default.-Cowen v.
Voyer (Sup.) 29.

Rule for accounting between stockbroker and
purchaser defined.-Tuell v. Paine (Sup.) 956.

Where a stockbroker, being ordered to pur-
chase stocks, never purchases them, the cus-
tomer is excused from demanding them.-Tuell
v. Paine (Sup.) 956.

Broker, having bought stocks on margin, can-
not sell them out unless the customer waives
tender, demand of payment, and notice of sale.

It is presumed that the owner of land bordering-Tuell v. Paine (Sup.) 956.
on a canal has title to the center of the stream. Duty of stockbroker, on receiving order to
-Warner v. City of Gloversville (Sup.) 912.

purchase stocks, defined.-Tuell v. Paine (Sup.)
956.

§ 2. Compensation and lien.

Evidence held suflicient to show an employ-
ment of plaintiff by defendant, and an agree-
ment to pay the reasonable value of the serv-
ices.-Hart v. Maloney (Sup.) 293.

Real estate broker held not entitled to com-
missions.-Hausman v. Herdtfelder (Sup.) 1039,

and 114 New York State Reporter

Question of street car company's negligence in
propelling car across railroad track, so as to

CHARGE.

threaten collision with an approaching train, For supply of gas, see "Gas."

thereby causing passenger to jump and receive Of legacies on property by will, see "Wills," §
injuries, held for the jury.-Robson v. Nassau
Electric R. Co. (Sup.) 698.

11.

To jury in civil actions, see "Trial," § 5.

CHATTEL MORTGAGES.

Defendant's evidence, in an action against a
street railway company for assault by a con-
ductor, held not so incredible as to demand the
setting aside of a verdict in its favor.-James See "Pledges."
v. Metropolitan St. Ry. Co. (Sup.) 710.

A street railway company is not liable for an
assault on a passenger by a conductor, provoked
by the passenger's violence.-James v. Metropoli-
tan St. Ry. Co. (Sup.) 710.

Provision on railroad ticket held not such as
to exempt carrier from liability for injuries
from its negligence.-Dow v. Syracuse, L. &
B. Ry. (Sup.) 941.

1. Removal or transfer of property by
mortgagor.

Facts held not to show intent to defraud, so
as to create criminal liability, under Pen. Code,
§ 571, punishing chattel mortgagor fraudulent-
y disposing of goods.-People v. Staton (Sup.)
2.

CHECKS.

Acceptance by one from railroad of tickets See "Bills and Notes."
bearing provision exempting railroad from lia-
bility for injuries held not to render such provi-
sion binding on the acceptor of the tickets.-
Dow v. Syracuse, L. & B. Ry. (Sup.) 941.

In an action for injuries to a passenger, a
prior sworn statement held not inconsistent with
plaintiff's claim at the trial that his injury
was caused by the sudden forward movement of
the car as he was alighting.-Tooker v. Brook-
lyn Heights R. Co. (Sup.) 969.

See "Animals."

CATTLE.

CERTIORARI.

To review tax assessment, see "Taxation," § 3.

1. Proceedings and determination.
Code Civ. Proc. § 2131. has changed the com-
mon-law rule under which the writ of certiorari
effected a stay.-People v. Sturgis (Sup.) 194.

That the commissioner of the fire department
was prejudiced against the chief of the fire de-
partment is no ground for a stay on certiorari
issued by the supreme court to review the dis-
missal.-People v. Sturgis (Sup.) 194.

On certiorari to review the removal of the
chief of the fire department, the question of the
erroneous rulings of the commissioner is for

the appellate division.-People v. Sturgis (Sup.)

194.

Certiorari to review dismissal of chief of city
fire department by fire commissioner should not
contain a provision staying execution of the or-
der.-People v. Sturgis (Sup.) 194.

On a second return of police commissioners in
certiorari, under Code Civ. Proc. §§ 2135, 2136,
to review proceedings in removing a patrolman,
held, that they could not contradict their record,
made by them pursuant to Greater New York
Charter, §§ 298, 300, 1543, 1546, and rules of
the board of police commissioners (rule 28, par.
"m").-People v. York (Sup.) 300.

CHILD.

See "Guardian and Ward"; "Infants."

CHOSE IN ACTION.

Assignment, see "Assignments."

CITIES.

See "Municipal Corporations."
CLAIM AND DELIVERY.

See "Replevin."

CLAIMS.

Against estate of decedent, see "Executors and
Administrators," § 4.

Against insolvent corporation, see "Corpora-
tions," § 5.

Against municipal corporation, see "Municipal
Corporations," § 10.

To property levied on, see "Attachment," § 5.

COLLATERAL AGREEMENT.

Parol evidence, see "Evidence," § 8.

COLLATERAL INHERITANCE TAXES.
See "Taxation," § 5.

COLLATERAL SECURITY.

See "Pledges."

COLLECTION.

Of costs, see "Costs," § 3.

Of estate of decedent, see "Executors and Ad-
ministrators," § 3.

COMMERCE.

and 114 New York State Reporter

Carriage of goods and passengers, see "Car- pay examined, and held to justify a finding that
riers."

COMMISSION.

Evidence in an action against a firm for a
debt which it had given its moral obligation to
there was a definite promise to pay within the
time allowed.-Taylor v. Hotchkiss (Sup.) 1042.
A letter written by an insolvent firm to a
creditor held to constitute a moral obligation to

Inquisition of lunacy, see "Insane Persons," § 1. pay in full.-Taylor v. Hotchkiss (Sup.) 1042.
To take testimony, see "Depositions."

Of health department officers, see "Municipal
Corporations," § 3.

COMPROMISE AND SETTLEMENT.

See "Accord and Satisfaction"; "Compositions
with Creditors"; "Payment"; "Release."
Evidence held insufficient to show executor of
an estate should be charged with a certain
note.-Magee v. Magee (Sup.) 757.

COMPUTATION.

Of period of limitation, see "Limitation of Ac-
tions," § 2.

CONCLUSION.

Of witness, see "Evidence," § 9.

CONDEMNATION.

Taking property for public use, see "Eminent
Domain."

CONDITIONS.

On opening default, see "Judgment," § 2.

CONFIDENTIAL RELATIONS.

Disclosure of communications, see "Witnesses,"
§ 1.

CONFLICT OF LAWS.

Of municipal officers, see "Municipal Corpora- Conflicting jurisdiction of courts, see "Courts,"
tions," § 2.

Of policemen, see "Municipal Corporations," § 3.
Of receiver, see "Receivers," § 2.

Of surviving partner for winding up business,
see "Partnership," § 2.

Of trustee, see "Trusts," § 5.

COMPETENCY.

Of evidence in civil actions, see "Evidence," § 3.
Of jurors, see "Jury," § 2.

§ 3.

CONSIDERATION.

Of accord, see "Accord and Satisfaction."
Of contract, see "Contracts," § 1.
Proof of, in action on note, see "Bills and
Notes," § 4.

CONSTITUTIONAL LAW.

Of witnesses in general, see "Witnesses," § 1. See "Jury," § 1; "Taxation," § 1.

COMPLAINT.

1. Due process of law.

The transportation corporation act (Laws
1890, c. 566), providing that a gas company

In criminal prosecution, see "Criminal Law," shall not charge, either directly or indirectly,
§ 2; "Indictment and Information."

COMPOSITIONS WITH CREDITORS.
See "Compromise and Settlement."

Evidence in an action against a firm exam-
ined, and held to warrant the finding that it
was able to pay.-Taylor v. Hotchkiss (Sup.)
1042.

Specific performance, see "Specific Perform-ings held to supersede previous oral agreement
ance.'