INDEX. use might be a benefit to the business.-Burden v. Burden Iron Co. (Sup.) 390. Corporation held to have no license to use the inventions of its president without compensation. -Burden v. Burden Iron Co. (Sup.) 390. § 2. Title, conveyances, and contracts. A contract by which assignee of a patentee was to assign to the patentee a certain interest therein held without consideration.-Cowles v. Rochester Folding Box Co. (Sup.) 811. Where a contract contains no express provision for a formal assignment in writing of an interest in a patent, the law will imply such agreement, if essential to pass title.-Thourot v. Holub (Sup.) 1083. Vendees held not entitled, under a contract for sale of a patent, to an assignment thereof until purchase price is paid in full.-Thourot v. Holub (Sup.) 1083. PAYMENT. See "Accord and Satisfaction"; and Settlement." "Compromise Part payment within statute of limitations, see Subrogation on payment, see "Subrogation." Bill of exchange or promissory note, see "Bills Claims against estate of decedent, see "Executors and Administrators," § 4. Compensation for property taken for public use, see "Eminent Domain.' § 1. Pleading, evidence, trial, and review. Proof that property transferred by a partner to a firm creditor was worth more than the no presumption, credit given held to raise Provision of will directing trustee to hold personal property for a certain time held void under Personal Property Law (Laws 1897, c. 417) § 2.-McGuire v. McGuire (Sup.) 497. Provision of will suspending an alienation of real property for three years held void as a perpetuity.-McGuire v. McGuire (Sup.) 497. Will construed, and held to vest title in remainderman absolutely, and not to be in violation of Laws 1897, c. 417, § 2, relative to perpetuities, in that respect.-In re Conger's Will (Sup.) 933. Will construed, and held not to create a trust in the executors, in violation of Laws 1897, c. 417, § 2, relative to perpetuities. In re Conger's Will (Sup.) 933. PERSONAL INJURIES. See "Negligence." Caused by defects in demised premises, see "Landlord and Tenant," § 3. Caused by vicious animals, see "Animals." Caused in construction of telephone line, see "Telegraphs and Telephones," § 1. Excessive and inadequate damages, see "Damages," § 2. Expert and opinion evidence, see "Evidence," To person on or near railroad tracks, see "Railroads," § 1. To person on street railroad tracks, see "Street Railroads," § 2. To traveler on highway, see "Municipal Corporations," & 8. To traveler on highway crossing railroad, see "Railroads," § 1. PHOTOGRAPHS. against positive evidence to the contrary, that it As evidence, see "Evidence," § 7. was intended to wipe out the whole debt.-Leggat v. Leggat (Sup.) 327. Payment is an affirmative defense, which must be pleaded.-Forbes v. Wheeler (City Ct. N. Y.) 373. § 2. Recovery of payments. PHYSICIANS AND SURGEONS. Expert testimony, see "Evidence,” § 9. PLEA. In an action to recover for money paid by mutual mistake, an allegation, in defense, that In civil actions, see "Pleading," § 2. the payment was not made under duress and was voluntary, is frivolous.-Jaeger v. City of New York (Sup.) 356. PERPETUITIES. Will construed, and active trust in personalty held not invalid by a void direction as to accumulations.-Tobin v. Graf (Sup.) 5. Provision in will for accumulation of income on legacy to infant after he becomes of age held invalid.-Tobin v. Graf (Sup.) 5. Provisions of a will directing an accumulation of interest for adults held void under Real Property Law (Laws 1896, c. 547) § 51. -McGuire v. McGuire (Sup.) 497. PLEADING. Conformity of judgment to pleadings, see "Judgment," § 3. Allegations as to particular facts, acts, or transactions. See "Deeds," § 2; "Payment," § 1. In actions by or against particular classes of parties. See "Master and Servant," § 3; "Municipal Corporations," § 8. Assignees, see "Assignments," § 2. and 114 New York State Reporter In particular actions or proceedings. See "Divorce." § 1; "Ejectment," § 1; "False Imprisonment," § 1; "Libel and Slander," § 3; "Negligence,' $ 3. For personal injuries, see "Master and Servant," On bond, see "Principal and Surety," § 1. To foreclose mechanic's lien, see "Mechanics' To recover payment, see "Payment," § 2. 1. Form and allegations in general. A complaint alleging that an assignment of a life policy was fraudulently obtained or made as security for a loan which has been paid held not bad because of such averment in the alternative.-Hasberg v. Mutual Life Ins. Co. (Sup.) 867. § 2. Plea or answer, cross complaint. and affidavit of defense. However inconsistent with the complaint the allegations in the defense may be, they cannot be treated as having the effect of a denial. -Jaeger v. City of New York (Sup.) 356. A denial must be stated separately, and not mingled with a defense.-Jaeger v. City of New York (Sup.) 356. Admissions in defenses in an answer will be stricken out as irrelevant.-Sanford v. Rhoads (Sup.) 404. Denials must be stated separately and before affirmative allegations of an answer.-Carpenter v. Mergert (Sup.) 615. § 3. Demurrer or exception. Demurrer to defense, where general denial is Under the facts, held, that order permitting service of further bill of particulars by plaintiff, as required by a former order, would not be disturbed. though there had been great laches on plaintiff's part in serving same.Romer v. Kensico Cemetery (Sup.) 38. In an action to set aside an assignment of plaintiff's interest in an estate, plaintiff held not entitled to a bill of particulars showing the net value of the property of the estate.-Toomey v. Whitney (Sup.) 826. An affidavit by an attorney in support of an application for a bill of particulars held insufficient to justify an order requiring such bill to be furnished. Toomey v. Whitney (Sup.) 826. 6. Motions. A cause of action may not be stricken from a complaint on motion, unless its insertion is prohibited by some order.-Craig v. James (Sup.) 235. § 7. Defects and objections, waiver, and aider by verdict or judgment. Failure to demur to complaint held not waiver of objection that no such action could be maintained against defendant.-Town of Ulysses v. Collins (Sup.) 924. PLEDGES. Pledgee of bank stock on which bank had a also pleaded, sustained.-Jaeger v. City of Newien held bona fide holder with lien superior to York (Sup.) 356. that of the bank.-Lyman v. State Bank of Randolph (Sup.) 901. Demurrer to answer consisting of general de nial and a defense held aimed at the new matter set up in the defense.-Jaeger v. City of New York (Sup.) 356. POLICE DEPARTMENT. That new matter alleged as a separate de- See "Municipal Corporations," § 3. fense, under Code Civ. Proc. § 500, subd. 2, could be proved under the general denial, is not ground for demurrer, but for motion to strike out.-Kraus v. Agnew (Sup.) 518. Judicial notice should be taken that an action was not begun prior to the date of the summons.-Keene v. Newark Watch Case Mfg. Co. (Sup.) 859. POLICE POWER. Of municipality, see "Municipal Corporations," § 6. Regulations for supply of gas, see "Gas." POLICY. When, by reason of allegations in the complaint in the alternative, the defendant is left Of insurance, see "Insurance." in uncertainty, the remedy is by motion to make definite, and not by demurrer.-Hasberg v. Mutual Life Ins. Co. (Sup.) 867. POLITICAL RIGHTS. § 4. Amended and supplemental plead-Suffrage, see "Elections." ings and repleader. Amendment to complaint held not to set up a new cause of action, so as to make it neces POSSESSION. sary for plaintiff to pay all costs before it was Of demised premises, see "Landlord and Tengranted. Miller v. Carpenter (Sup.) 82. aut," § 5. POWERS. Creation by will, see "Wills," § 9. Of attorney, see "Principal and Agent." Of executors under will, see "Executors and Ad- Powers of executors under will, see "Executors PRACTICE. Procedure of particular courts, see "Courts." In particular civil actions or proceedings. PRESUMPTIONS. In civil actions, see "Evidence," § 2. PRIMARY ELECTIONS. See "Elections," § 1. PRINCIPAL AND AGENT. See "Brokers." Insurance agents, see "Insurance," § 1. persons. See "Account," § 1; "Divorce." § 1;"Eject-1. Rights and liabilities as to third Particular proceedings in actions. Procedure in criminal prosecutions. See "Criminal Law." Complaint in an action to recover on certain Suing agent held not an election to release his Instructions to agent authorized to sell goods In action against carrier for loss of bag- - A commercial traveler's contract for carriage In an action for the price of goods sold, the Warrant of quality of goods sold by agent PRINCIPAL AND SURETY. See "Bail." Liabilities of sureties on bouds for performance § 1. Remedies of creditors. A complaint on a bond to secure performance PRIVATE NUISANCE. Of check for payment, see "Bills and Notes," § 2. See "Nuisance," § 1. and 114 New York State Reporter PRIVATE ROADS. Rights of way, see "Easements." PRIVILEGE. Of witness as to testimony, see "Witnesses," § 2. PRIVILEGED COMMUNICATIONS. Disclosure by witness, see "Witnesses," § 1. PRIZE FIGHTING. Physical contest held a prize fight, within Pen. Code, § 458, punishing the aiding of a prize fight.-People v. Finucan (Sup.) 929. PROBATE. Of will, see "Wills," § 3. PROCESS. To sustain judgment, see "Judgment," § 1. In particular actions or proceedings. In criminal prosecutions, see "Criminal Law," § 2. Particular forms of writs or other process. See "Execution"; "Garnishment"; "Injunction"; "Mandamus"; "Replevin." PROHIBITION. Of traffic in intoxicating liquors, see "Intoxicating Liquors." PROMISSORY NOTES. See "Bills and Notes." PROOF. Of loss insured against, see "Insurance," § 6. PROPERTY. Constitutional guaranties of rights of property, see "Constitutional Law," § 1. Taking for public use, see "Eminent Domain." PROSTITUTION. See "Disorderly House." PROVINCE OF COURT AND JURY. In civil actions, see "Trial," § 5. PUBLIC IMPROVEMENTS. By municipalities, see "Municipal Corporations," § 5. PUBLIC POLICY. Effect on validity of contract, see "Contracts," § 1. PUBLIC SCHOOLS. See "Schools and School Districts," § 1. PUBLIC USE. Taking property for public use, see "Eminent Domain.' PUNISHMENT. See "Criminal Law," § 6. For contempt of court, see "Contempt," § 1. QUASHING. Attachment, see "Attachment," § 4. QUESTIONS FOR JURY. In civil actions, see "Trial," § 4. QUIETING TITLE. § 1. Right of action and defenses. A court of equity held to have jurisdiction to grant relief in an action to have deed set aside as procured by fraud, though plaintiff is not in possession.-Letson v. Letson (Sup.) 1032. RAILROADS. See "Street Railroads." As employers, see "Master and Servant." Carriage of goods and passengers, see "Carriers.' § 1. Operation. In an action against a railroad company for fire set by locomotive, case held sufficient to go to jury. Smith v. Long Island R. Co. (Sup.) 4. Evidence in case of a pedestrian killed at a railroad crossing held insufficient to show freedom from contributory negligence. Ward v. New York Cent. & H. R. R. Co. (Sup.) 161. Question of railroad engineer's negligence in threatening collision with street car, thereby causing street car passenger to jump and receive injuries, held for the jury.-Robson v. Nassau Electric R. Co. (Sup.) 698. Evidence in an action for damages from collision with a railroad train at a street crossing examined, and held, that the verdict for plaintiff was against the weight of evidence.-Schooler v. New York Cent. & H. R. R. Co. (Sup.) 800. In an action for injuries at a crossing, whether defendant was guilty of negligence held a question for the jury.-Swart v. New York | 8 2. Accounting and compensation. In an action for injuries at a crossing, a In an action for injuries at a crossing, plain A person, killed on a paved way running Where the facts concerning the administra- RECORDS. Of foreign wills, see "Wills," § 3. crossing, held a licensee, and not entitled to the From tax sales, see "Taxation," § 4. In an action for killing a pedestrian at a In an action for the killing of plaintiff's in- REFERENCE. § 1. Nature, grounds, and order of ref- erence. A case held not one requiring the examina- 2. Referees and proceedings. In action for conversion of soil, referee's re- Rules as to admissibility of evidence will not RATIFICATION. Of performance of contract, see "Contracts," See "Ejectment." REAL-ESTATE AGENTS. See "Brokers." REAL PROPERTY. Equitable conversion, see "Conversion." RECEIVERS. Compensation for winding up partnership, see In supplementary proceedings, see "Execution," Of corporations in general, see "Corporations," § 1. Nature and grounds of receiver- Receiver appointed, where testatrix executed ford (Sup.) 891. REFORMATION OF INSTRUMENTS. § 1. Proceedings and relief. Evidence held insufficient to show that a con Reformation of contract for sale of land be- RELEASE. See "Accord and Satisfaction"; "Compositions § 1. Construction and operation. A release of one of two corporations, whose One of two debtors in a judgment against In action by one of two debtors in a judg- |