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Under title indicating amend-jtelegraph. May v. Nat. Bank of
ment of charter, confirmation of Malone, 9 Hun, 108.
unauthorized acts is void. City Oral conditions of signature.
of Watertown v. Fairbanks, 65 N. Brewer's Fire Ins. Co. v. Burger,
Y. 588.
10 Hun, 56.

As to temporary appointment of
surrogate by supreme court.
ter of Hathaway, 9 Hun, 79.

CONTEMPT.

Promise to pay debt due a third
Mat-person, and assignment thereof.
Barlow v. Myers, 64 N. Y. 41; 3
Hun, 720; 6 T. & C. 183.

Effect of orders accepted. Ris-

Action not the remedy for. ley v. Smith, 64 N. Y. 576.

Foster . Townshend, 2 Abb. New
Cas. 29.

Mode of proceeding to punish.
Mayor, &c. v. N. Y. & Staten
Island Ferry Co., 64 N. Y. 622.

Non-payment of money not pun-
ishable as. Randall v. Dusenbury,
41 Super. Ct. (J. & S.), 456. Com-
pare Code of Civ. Pro. § 14, subd.
3, § 1240.

Power to retry and resentence
for same contempt. Snyder v.
Van Ingen, 9 Hun, 569.

CONTRACTS.

Distinguished from

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Effect of signing as surety."
Hubbard v. Gurney, 64 N. Y. 457.

Contract to pay riparian owner
of navigable stream, for consent to
continuously moor rafts, not en-
forceable. Moore . Jackson, 2
Abb. New Cas. 211.

Validity of gold sales. Bigelow
v. Benedict, 9 Hun, 429.

Validity of sharing fees of office.
Thurston v. Fairman, 9 Hun, 584.
Of covenants in restraint of
trade. Weller v. Hersee, 10 Hun,
431.

Parol promise to pay for comple-
tion of contract with third person.
receipt. Talmadge v. Spofford, 41 Super. Ct.

Woodruff . Sherrard, 9 Hun, 322. (J. & S.) 428.
Signature by agent. Peck v.

Gardner, 9 Hun, 704.

Written admission of purchase,
without specifying terms, not suf-
W. agent for S, is an execution ficient even with bought and sold
in name of the principal. Wal-note. Newbery v. Wall, 65 N. Y.
bridge v. Kilpatrick, 9 Hun, 135. 484; 3 J. & S. 106.

Undisclosed principal cannot Distinction between original and
enforce sealed contract for land collateral promise. May v. Nat.
without ratification. Briggs v. Bank of Malone, 9 Hun, 108.
Partridge, 64 N. Y. 357; 7 J. & Signature of cashier binds a

S. 339.

bank under statute of frauds.
officers-May v. Nat. Bank of Malone, 9
Paulding v. Hun, 108.

Contracts by public
personal liability.

Cooper, 10 Hun, 20.

Distinction between sale and
Inadequacy of consideration. manufacture. Cooke v. Millard,
Earl v. Peck, 64 N. Y. 596.

65 N. Y. 352; 5 Lans. 350.

Made by letter, and revoked by Requisites of memorandum of

employment under statute of measure of damages. Wetmore.
frauds. Hagan v. Domestic Sew- Jaffray, 9 Hun, 140.

ing Machine Co., 9 Hun, 73.

307.

Occasional breach of contract in
Part performance, to take case restraint of trade. Sander . Hoff-
out of statute of frauds. Miller v. man, 64 N. Y. 248; 7 J. & S.
Ball, 64 N. Y. 286.
Written prevails over printed Fraud, not available as a de-
matter. Burt v. Brewers' & Mal-fense, without rescission.
sters' Ins. Co., 9 Hun, 383.
v. Nichols, 64 N. Y. 117.

Arnold

Language construed according Rescission after acceptance of
to ordinary meaning. Meaning of order payable out of proceeds.
"lots fronting," &c. Clark v. N. Risley v. Smith, 64 N. Y. 576.
Y. Life Ins. & Trust Co., 64 N. Y. Forfeiture by non-payment of
33; 7 Lans. 322.
royalties. Smith . Newland, 9

Price of goods in market, deter-Hun, 553.
mined by offer. Harrison v. Glov- Expiration of contract does not
er, 9 Hun, 196.
terminate previous rights. Bush-
To furnish materials, "more or nell v. Chautauqua Co. Nat. Bank,
less." Harrington v. Mayor, &c. 10 Hun, 378.

of N. Y., 10 Hun, 248.

Relative duty of architect and
contractor. Slater v. Mersereau, 64
N. Y. 138; 5 Daly, 445.

CONTRACTORS.

Rights of public contractors
against the State. Lord v. Thomas,

Certificate of inspector not con- 64 N. Y. 107.
clusive unless so provided. Bigler
v. Mayor, &c. of N. Y., 9 Hun, sub-contractor.

253.

When liable for negligence of
Slater v. Mer-

sereau, 64 N. Y. 138; 5 Daly,
445.

CONVERSION.

To leave property by will must
be certain and definite. Shakes-
peare v. Markham, 10 Hun, 311.
Agreement of decedent to make
Of personal property; demand
provision for claimant at death. on defendant before suit. Corsan
Nicholl v. Larkin, 2 Redf. Surr. v. Oliver, 2 Abb. New Cas. 352.
By sale after tender refused.
Stipulation for written waiver, Tiffany v. St. John, 65 N. Y. 314;
may be waived orally. Van Allen 5 Lans. 153.
v. Farmers' Joint Stock Ins. Co., 10
Hun, 397.

236.

Conditional extension of time to
perform. Levy . Burgess, 64 N.
v.
Y. 390; 6 J. & S. 431.

A bona fide purchaser, chargeable
with. Cormier v. Batty, 41 Super.
Ct. (J. & S.) 70.

Right of employer to certificate
of deposit obtained by his agent by
Refusal to perform, when it con-use of employer's funds. Voltz v.
stitutes a breach. Gray v. Green, Blackmar, 64 N. Y. 646.
9 Hun, 334.

Subsequent levy, no defense.

Breach of contract for board :Tiffany v. Lord, 65 N. Y. 310.

CONVICTION.

|L. 1874, p. 93, c. 76, by omitting
corporations created by special
"Conviction of adultery" means charters, and directing application
divorce. Schiffer v. Pruden, 64 to be made to special term of su-
N. Y. 47; 7 J. & S. 167.

CORONER.

Service upon person in charge
of his office. Manning v. Keenan,
9 Hun, 686.

CORPORATIONS.

preme court of county where the
chief business office is situated),
further amended by omitting rail-
road companies, by L. 1876, p. 281,
c. 280.

COSTS.

Awarded in equitable actions
reviewed by general term.
Law v.
McDonald, 9 Hun, 23.

General act for safe deposit and
guaranty companies (L. 1875, p. Where there is question of title
770, c. 613) amended. L. 1877, to real property in equitable action.
Code of Pro. § 304. Law v. Mc-
Donald, 9 Hun, 23.

p. 16, c. 10.

Receiving payment of stock in

materials and labor. Van Cott v.
Van Brunt, 2 Abb. New Cas. 283.
Implied powers of officers as to
contracts; estoppel. Alexander v.
Brown, 9 Iun, 641.

Rich-

Fees on sale in partition.
ards v. Richards, 2 Abb. New Cas.
93.

Fees and commissions of referee
to sell in partition cases. Daby v.

Accepting and holding certificate
of stock subjects holder to liabil-Jacot, 2 Abb. New Cas. 97.

ities of stockholder. Van Cott v.
Van Brunt, 2 Abb. New Cas. 283.
Personal liability of
Sieger . Culyer, 2 Abb.

347.

officers.
New Cas.

Directors liable for transactions
in their own interest. Van Cott
v. Van Brunt, 2 Abb. New Cas. 283.
Mortgage of corporate franchise.
Carpenter v. Black Hawk Gold
Mining Co., 65 N. Y. 43.

Ratification of mortgage by
statute accepted. Whitney v.
Union Trust Co., 65 N. Y. 576.
Lapsing of legacy to dissolved
corporation. Booth v. Cornell, 2
Redf. Surr. 261.

When party is estopped from de-
nying incorporation. Loaner's
Bank . Jacoby, 10 Iun, 143.

Fees of sheriff of Kings county
on foreclosure sales, fixed. L.
1876, p. 467, c. 439.

Not affected by tardy offer of
judgment. Herman v. Lyons, 2
Abb. New Cas. 90.

Of a former trial. Cochran v.
Gottwald, 41 Super. Ct. (J. & S.)
317.

Minutes of former trial, taxable.
Flood v. Moore, 2 Abb. New Cas. 91.
Of appeal in case of stipulation
to abide event. Moses v. McDivitt,
2 Alb. New Cas. 47.

When granting of new trial
cannot be conditioned on payment
of. Henderson v. Henderson, 2
Alb. New Cas. 102.

On reference as to surplus
moneys, costs are only motion
costs and referee's fees, and allow-

L. 1870, p. 750, c. 322, author-
izing corporations to change their ance cannot be granted. McDer-
names (which was amended by mott v. Hennesy, 9 Hun, 59.

VOL. II.-32

Allowed when claim against tes-
tator's estate is unreasonably re-
sisted. Darling v. Halsey, 2 Alb.
New Cas. 105.

COUNTER-CLAIM.

Not to be set up by one of two
joint defendants, unless there can
be a several judgment. Nat. State
Bank of Newark v. Boylan, 2 Abb.

When claim against an executor
is not unreasonably resisted, plain-New Cas. 216.
tiff not entitled to costs. Pinker-

Admitted by failure to reply.

nelli v. Bischoff, 2 Abb. New Cas. Barthet v. Elias, 2 Abb. New Cas.

107.

364.

Refused in foreclosure of me- In action by assignee in bank-

chanic's lien against executor, &c. ;
disbursements allowed. Marryatt
v. Riley, 2 Abb. New Cas. 119.
Allowances regulated. L. 1876,

ruptcy. Von Sachs v. Kretz, 10
Hun, 95.

COUNTY CLERKS.

p. 455, c. 431. And see 3 Abb. New Office hours and holidays in

Cas. 36.

Schenectady. L. 1877, p. 77, c.

No extra allowance on a verdict 71.
for six cents. Murray v. Robin-
son, 9 Iun, 137.

Allowance computed upon the
value of the property, instead of
on the amount of damages. War-
ren v. Buckley, 2 Abb. New Cas.

323.

Defective records in Chenango.
L. 1877, p. 236, c. 215.

COUNTY COURTS.
Terms and proceedings in. L.
1876, p. 452, c. 431. Compare
Code of Civ. Pro. §§ 342, 355.
Have jurisdiction to direct a sale

Allowance, how computed in
injunction case. Spofford v. Texas by referee on foreclosure of a
Land Co., 41 Super. Ct. (J. & S.) 2 Abb. New Cas. 114.

228.

Appeal not stayed for non-pay-
ment of costs. Wice v. Commer-
cial Fire Ins. Co., 2 Abb. New Cas.
325.

What is special proceeding.
People ex rel. Day v. Bergen, 9
Hun, 202.

mechanic's lien. Gaulin v. Mills,

COUNTY JUDGES.

If interested, may request judge
from another county to sit. Matter
of Ryers, 10 Hun, 93. Compare
Code of Civ. Pro. § 342.

County judge acting out of his
county may perform any power
Taxation in special proceeding, except that of surrogate. L. 1877,
how set aside and reviewed. p. 17, c. 11.

Hun, 215.

Mayor, &c. of N. Y. v. Cornell, 9 Salaries. L. 1877, p. 23, c. 21;
L. 1877, p. 37, c. 35 (am'd'g L.
c. 401.
1872, c. 767, § 3); L. 1877, p. 414,

Readjustment of, when granted,
what direction as to readjustment,
proper. Murdock v. Adams, 10
Hun, 567.

COUNTY TREASURERS.
Rights and compensation. Su-

Motion costs; non-payment. L. pervisors of Delaware v. Foote, 65
1876, p. 456.

N. Y. 586; 9 Hun, 527.

Duties as to deposits; compen- Court of special sessions of New
sation; clerks; accounts; removal. York. People ex rel. Shea v. Board
L. 1877, p. 492, c. 436.
of Police of N. Y., 9 Huh, 222.

COURTS.

Recorder's court of Utica. L.

1877, p. 277, c. 267.

COVENANT.

Against incumbrances. Anony-

Municipal court of Rochester.mous, 2 Alb. New Cas. 56.
L. 1876, p. 200, c. 196; L. 1877, Rights of grantee with covenant

p. 204, c. 192.

of warranty. Barnes v. Mott, 64

Costs recoverable in city court of N. Y. 397.
Yonkers. Undertaking on appeal

Never in possession; breach of

not necessary. L. 1876, p. 235, covenant for quiet enjoyment.

c. 233.

COURT OF APPEALS.
Will not order re-hearing or new
application in court below. Ingra-
ham, Matter of, 64 N. Y. 310; 4
Hun, 495.

Calendar. L. 1876, p. 451, c.
431, § 1.

COURT OF COMMON PLEAS.
Jurisdiction of, over marine]

Hatch v. Elkins, 65 N. Y. 489.

CREDIT MOBILIER.
To build horse railroad. Van
Cott v. Van Brunt, 2 Abb. New Cas.
283.

cy.

CREDITOR'S ACTION.

Effect of discharge in bankrupt-
Dewey v. Moyer, 9 Hun, 473.
Wife's dower protected. Lowry

court judgment after filing of v. Smith, 9 Hun, 514.
transcript. Oberwarth v. McLean,

2 Abb. New Cas. 210.

COURTS-MARTIAL.

Remedy in case of fraud of
transferce. People v. Speir, 2 Abb.
New Cas. 466.

Necessity of conveyance to re-

Proceedings of courts-martial, ceiver. Van Wyck v. Baker, 10

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For delay in carrier's delivery.
Sherman v. Hudson R. R. R. Co.,
64 N. Y. 254; 5 Daly, 521.

COURTS OF SESSIONS.
L. 1855, p. 499, c. 290, relating
to courts of special sessions and
the police of Rensselaer county,
amended by L. 1876, p. 387, c. to board with plaintiff.
|v. Jaffray, 9 Hun, 140.

390.

Measure of, on breach of contract
Wetmore

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