§ 8. Liabilities on

and 114 New York State Reporter
administration

bonds.
Decree releasing surety of administratrix en-
tered on filing new bond and an account of her
proceedings. In re Sogaard's Estate (Sur.) 379.

EXEMPLARY DAMAGES.

See "Libel and Slander," § 3.

EXEMPTIONS.

§ 1. Nature and extent.

FOOD.

New York City Sanitary Code, § 63, held not
to prohibit the mere possession of adulterated
milk.-People v. Timmerman (Sup.) 285.

FORECLOSURE.

Of lien, see "Mechanics' Liens," § 3.
Of mortgage, see "Mortgages," § 1.

FOREIGN CORPORATIONS.

A seat in a stock exchange is not exempt. See "Corporations," § 6.
under Code Civ. Proc. § 1391, as working tools
of the member.-Leggett v. Waller (Sup.) 13.

FOREIGN COURTS.

See "Courts," § 3.

FOREIGN WILLS.

Probate or record, see "Wills," § 3.
FORFEITURES.

Of insurance, see "Insurance," § 7.

FORMER ADJUDICATION.

See "Judgment," §§ 5, 6.

FORMS OF ACTION.

See "Ejectment"; "Replevin"; "Trover and
Conversion."

FRAUD.

See "Fraudulent Conveyances."
In making contract, see "Contracts." § 1.
In procuring deed, see "Deeds," § 2.

FRAUDS, STATUTE OF.

§ 1. Sales of goods.

A partial delivery of goods held to have been
made, so as to take the case out of the statute
of frauds.-Bristol v. Mente (Sup.) 52.

§ 2. Requisites and sufficiency of writ-
ing.

If an owner of goods signs an agreement to
sell, and delivers it to the buyer, and he agrees
by parol to buy on the terms, there is a bind-
ing contract.-Bristol v. Mente (Sup.) 52.

The terms of the contract of sale may be de
rived from letters to third persons.-Bristol v.
Mente (Sup.) 52.

In order to satisfy the statute of frauds. it

Caused by operation of railroad, see "Railroads," is unnecessary that the terms of a contract of
§ 1.

FLOWAGE.

See "Waters and Water Courses," § 1.

FOLLOWING TRUST PROPERTY.
See "Trusts," § 6.

sale be contained in a single instrument.-Bris-
tol v. Mente (Sup.) 52.

FRAUDULENT CONVEYANCES.

By bankrupt, see "Bankruptcy," § 1.

By mortgagor of chattels, see "Chattel Mort-
gages," § 1.

1. Remedies of creditors and purchas-

ers.

GRAND JURY.

In an action under Code Civ. Proc. § 1871, to See "Indictment and Information."
set aside a transfer of property from husband
to wife as in fraud of creditors, evidence tending
to show a valuable consideration held improperly
excluded.-Fitzpatrick v. Fox (Sup.) 677.

GARNISHMENT.

See "Attachment"; "Execution."

§ 1. Persons and property subject to
garnishment.

The right of the legal holder of a tontine policy
to exercise certain options after the expiration
of the tontine period is neither a "cause of ac-
tion," a "demand," or "property," on which a
lien may be acquired by attachment under Code
Civ. Proc. §§ 648, 649.-Columbia Bank v. Eq-
uitable Life Assur. Soc. (Sup.) 428.

Where a tontine policy provided that it should
have no surrender value until the expiration of
the tontine period, on October 8, 1888, an at-
tempted levy on that date was premature.-
Columbia Bank v. Equitable Life Assur. Soc.
(Sup.) 428.

GAS.

Validity of act prohibiting charge for rental of
meters as confiscation of property without
due process of law, see "Constitutional Law,"
§ 1.

GUARANTY.

See "Principal and Surety."

GUARDIAN AND WARD.

§ 1. Accounting and settlement.
Where an infant was not made a party to a
proceeding between his guardian and his de-
ceased guardian's administrator, to settle such
deceased guardian's accounts as such, the in-
fant was not bound by such settlement.-In re
Turner (Sup.) 573.

HARMLESS ERROR.

In civil actions, see "Appeal," § 7.

In foreclosure, see "Mortgages," § 1.

HEARSAY EVIDENCE.

The transportation corporations law (Laws
1890, c. 566) providing that a consumer shall
be provided with a gas meter supplied by the
gas company without charge, etc., is a valid In civil actions, see "Evidence," § 6.
police regulation.-City of Buffalo v. Buffalo
Gas Co. (Sup.) 1093.

Evidence held sufficient to show that a charge
for meters enforced by a gas company was a
rent on meters, and therefore a violation of the
transportation corporations act. Laws 1890, c.
566.-City of Buffalo v. Buffalo Gas Co. (Sup.)
1093.

GIFTS.

Transfer taxes, see "Taxation," § 5.

§ 1. Inter vivos.

Intention to forgive distributees their debts
held ineffectual as a gift, where notes represent-
ing them were not surrendered. In re Timerson
(Sur.) 639.

GOOD FAITH.

Of purchaser, see "Bills and Notes," § 1.

GOOD WILL.

HEIRS.

See "Descent and Distribution."

HIGHWAYS.

See "Bridges"; "Municipal Corporations," § 8.
Accidents at railroad crossings, see "Railroads,"
$ 1.

As boundaries, see "Boundaries," § 1.

§ 1. Establishment, alteration, and dis-
continuance.

Under Laws 1895, c. 635. tit. 7, § 26, a city
cannot, without compensation, by resolution ap-
propriate a private road, which has not been
ceded or dedicated to public use, and cause it
to be laid out and used as a public street.-
Culver v. City of Yonkers (Sup.) 1034.

The use of a strip of land as a private road
does not bring it within the provisions of Rev.
St. (9th Ed.) p. 704, § 100, declaring that lands
As subject to transfer tax, see "Taxation," $5. which have been used by the public as a high-

Execution of warrant for removal of tenant,

INSTRUCTIONS.

see "Landlord and Tenant," § 5.
Operation of railway in front of one's premises. In civil actions, see "Trial," § 5.
see "Eminent Domain," § 3.

1. Subjects of protection and relief.
An injunction restraining defendant and his
sublessee from using leased premises for cer-
tain purposes pendente lite held properly grant-
ed.-Örvis v. National Commercial Bank (Sup.)
1029.

§ 2. Preliminary and interlocutory in-
junctions.

Injunction restraining breach of contract pen-
dente lite or until further order of court held
too broad under the facts.-Shubert v. Angeles
(Sup.) 146.

An injunction order construed, and held an
injunction pendente lite only.-Orvis v. Nation-
al Commercial Bank (Sup.) 1029.

After dismissal for lack of prosecution defend-
ant held entitled to expenses incurred in get
ting rid of temporary injunction.-Madison v.
Brower (Sup.) 1059.

3. Permanent injunction and other

relief.

Injunction to restrain illegal construction of
rapid transit tunnel denied under the facts.
Barney v. City of New York (Sup.) 972.

INQUISITION.

Of lunacy, see "Insane Persons," § 1.

INSANE PERSONS.

Testamentary capacity, see "Wills," § 1..
§ 1. Inquisitions.

When the proceedings to determine the lu-
nacy of a citizen are not instituted in the dis-
trict in which he resides, as required by Code
Civ. Proc. § 2323, the order appointing a com-
mittee should be reversed. In re Bischoff
(Sup.) 917..

An incompetent is not deprived of his right
to object to irregularities in proceedings to de-
termine his lunacy by the fact that the pro-
ceedings were instituted with the consent and
approval of his wife.-In re Bischoff (Sup.) 917.
Under Code Civ. Proc. §§ 2325-2331, proceed-
ings de lunatico inquirendo held void for irregu-
larities. In re Bischoff (Sup.) 917.

An application to set aside proceedings de
lunatico inquirendo should be given consider-
ation, and the matters disposed of, though
many of the questions might better have been
raised by appeal.-In re Bischoff (Sup.) 917.

INSOLVENCY.

See "Bankruptcy."

Of corporation, see "Corporations," § 5.

INSPECTION.

Of places to work, see "Master and Servant,"
§ 3.

Of writings, see "Discovery," § 1.

INSURANCE.

Garnishment of interests under insurance poli-
cies, see "Garnishment," § 1.

§ 1. Insurance agents and brokers.
A failure of one contracting to procure fire
insurance to procure a policy which the com-
pany either would pay or could be forced to
pay held to render the one so contracting liable
for damages.—Landusky v. Beirne (Sup.) 238.
§ 2. The contract in general.

A contract to procure fire insurance held to
require a policy in a reliable company.-Lan-
dusky v. Beirne (Sup.) 238.

A contract to obtain fire insurance held to
require a policy of a company authorized to do
business both at place of contract and where
the property was.-Landusky v. Beirne (Sup.)
238.

3. Premiums, dues, and assessments.

Life policy held to have been validated by ac-
tion of company in waiving a misstatement in
the application, so that the premiums paid
thereon were not recoverable.-Fay v. Pruden-
tial Ins. Co. (Sup.) 683.

§ 4. Assignment or other transfer of
policy.

A written assignment by a husband of an in-
surance policy on his life held such a "written
conseut" to his wife's assignment of the same
policy as to render the wife's assignment good
under Laws 1879, c. 248.-Sherman v. Allison
(Sup.) 148.

An insurance company held to have assented
to a transfer of insurance.-Hayes v. Saratoga
& W. Fire Ins. Co. (Sup.) 888.

5.

Estoppel, waiver, or agreements
affecting right to avoid or for-
feit policy.

Fire insurance company held estopped to as-
sert that insured had breached a condition of
the policy.-Benjamin v. Palatine Ins. Co., Lim-
ited, of London, England (Sup.) 256.

Insurance company held estopped to rely on
untruthful description of premises in applica-
tion for policy.-Mead v. Saratoga & W. Fire
Ins. Co. (Sup.) 885.

Where an applicant for fire insurance could
not read writing, and the agent of the company
inserted false answers in the application, they
were no defense.-Hayes v. Saratoga & W.
Fire Ins. Co. (Sup.) 888.

§ 6. Notice and proof of loss.

Evidence held sufficient to show compliance
with requirements of a fire policy as to proofs
of loss.-Force v. St. Paul Fire & Marine Ins.
Co. (Sup.) 708.

§ 7. Mutual benefit insurance.

A corporation organized under Laws 1874, c.
86, and Laws 1882, c. 302, held authorized to
amend its by-laws, so as to authorize members

and 114 New York State Reporter

Statement of applicant for transfer of liquor
By-law of mutual benefit association, chan- tax certificate, that building complied with stat
ging the rule as to payment of the proceeds of utory requirements as to a hotel, held material.
certificates in case of the death of the benefi--In re Cullinan (Sup.) 626.
ciary before that of the member, held reason-