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Mutual benefit insurance.
license" commissioners is sufficient ground for 14. Where a person became a member of a their refusal to grant a license to sell intoxicatmutual benefit association under an agreement ing liquors, since this is the established way with the person designated in the certificate as for a town to enforce local prohibition, and its beneficiary that the beneficiary should pay all right to enforce it is recognized by Laws 1892, the assessments, and they were so paid, the . 401, $ 41, excluding towns "where the majorbeneficiary acquired a vested interest in the ity of voters have voted for or hereafter vote certificate, and the member could not after- for local prohibition” from the operation of wards make another designation.-Maynard v. that chapter.-People v. Commissioners of ExVanderwerker, (Sup.) 24 N. Y. S. 932, 30 Abb.cise of Warsaw, (Sup.) 24 X. Y. S. 739. N. C. 134.
15. A policy in a mutual benefit society provided that the society would "pay the sum of
JUDGE. $5,000 from the mortuary fund, as hereinafter provided," and that all claims on the mortuary See, also, “Courts;" "Justices of the Peace." fund, arising between stated intervals of assessment, should be paid pro rata out of the next Special term-Authority in chambers. succeeding mortuary call, “but not to exceed
A special term has no authority to the face of each certificate." Held, that there issue a peremptory mandamus at chambers. was no ambiguity, so as to render applicable People v. Donovan, 31 N. E. 1005 135 N. Y. the rule that a policy should be construed most 82, followed.-In re Manning, (Sup.) 24 N. Y. strongly against the insurer, and thereby im- S. 1039. pose an absolute liability on the society for $5,
JUDGMENT. 000, but it was liable only for the pro rata part of the mortuary fund where the reserve fund Collateral attack, see “Specific Performance," was not available. – Gyllenhammer v. Home
2, 3. Ben. Soc., (Com. Pl. N. Y.) 24 N. Y. S. 930.
Papers part of, see "Records." Distribution of assets on winding up affairs.
By confession. 16. In an action by the people to dissolve an
1. A statement for a judgment by confesinsolvent insurance company, where there is a sion, that the amount is due for cattle, horses, judgment providing for closing up its affairs and agricultural implements, rent of' a farm through a receiver and the court, and appoint- paid by plaintiff for defendant, and money ading a referee to take proof of claims against vanced for the conduct of defendant's business the company, it is improper to allow an inter- and support of his family down to the time of vention by beneficiaries under a certificate of making such statement, is a sufficient compliinsurance claiming a certain fund in the hands ance with Code Civil Proc. & 1274, requiring a of the receiver collected on the death of as
statement of "the facts out of which the debt sured, and to appoint another referee to take arose,” which “must show that the sum proof of such claim.-People v. Grand Lodge of fessed is justly due, or to become due."—Weil Empire Order of Mutual Aid, (Sup.) 24 N. Y. y; Hill, (Sup.) 24 N. Y. S. 521; Hill v. Same,
2. A judgment by default will not be vaInsurable, see "Insurance," 3.
cated on the ground that defendant was an in
fant at the time the judgment was rendered, INTERPLEADER.
but the defense of infancy can be interposed
in such case only after procuring an order openWhen allowed.
ing the default, and allowing defendant to In an action to recover certain bales of plead.-Appel v. Brooks, (City Ct. X. Y.) 24 burlap of a warehouse company, it is error to N. Y. S. 100. substitute as defendant a bank claiming the Rendition and entry. burlap invoiced, where the bank alleged that these bales were a part of a large number in favor of plaintiff on the overruling of a demur
3. The entry of an order for judgment in dispute between the bank and various persons; rer to a complaint, with leave to answer on that if it was not entitled to the burlap the payment of costs, is a sufficient compliance warehouse company
was liable to the bank with Code Civil Proc. § 1010, providing that, therefor,-and denied the claim for storage of on a trial by the court, its decision must be the burlap, set up by the warehouse company filed within å certain time after final adjourn-Lawson 'v. Terminal Warehouse Co., (Sup.) ment of the term.-Garland v. Van Rensselaer, 24 N. Y. S. 281.
(Sup.) 24 N. Y. S. 783.
4. An order that a demurrer be overruled, Interpretation.
and that plaintiff have judgment thereon, with Of contract, see “Contracts,” 8.
leave to defendant to answer on payment of costs, is a final order for judgment if the
terms are not accepted, and therefore complies INTOXICATING LIQUORS. with Code Civil Proc. $ 1021, providing that
the decision of the court on the trial of a dePower to refuse license.
murrer must direct the final or interlocutory The fact that the excise commissioners judgment to be entered thereon.-Garland v. of a town were nominated and elected as "no- I Van Rensselaer, (Sup.) 2+ X. Y. S. 783.
5. In an action tried by the court, where of creditors, and it appears on the second trial the latter in his decision filed directs judgment that there was no such agreement.— Tompkins to be entered in favor of defendants and against v. Hunter, (Sup.) 24 N, Y. S. 8. plaintiff for costs, the clerk has no power to in- 12. A judgment in a summary proceeding sert in the judginent that the case should be by a landlord, dispossessing tenants for nondismissed on the merits."-Card v. Mein-:ke, payment of rent, is conclusive of their liability (Sup.) 24 N. Y. S. 375.
for rent in a subsequent action against them
to collect it.-Grafton v. Brigham, (Sup.) 24 N. Res judicata.
Y. S. 54. 6. An action of foreclosure against the 13. Where the holder of a first mortgage, mortgagor and grantees who assumed the is made party to an action by a second mortsame, and who executed a second mortgage to ga gee to foreclose his mortgage, and neither such mortgagor, in which such grantees plead- answers nor demurs, and a decree is entered ed that their assumption of the inortgage was for the sale of the property and for payment of void for failure of consideration, but in which the second mortgage, he is bound thereby.the mortgagor made no defense, is not a bar to Jacobie v. Mickle, (Sup.) 24 N. Y. S. 87. an action by the latter to foreclose her mort- 14. Where, in eject ment for nonpayment of gage against such grantees.-Revoir v. Barton, rent, judgment is obtained against the party (Sup.) 24 Y. Y. S. 985.
in possession, plaintiff in ejectment can defend 7. A judgment on the merits in favor of his title and possession so acquired against one defendant in an action for injuries caused by claiming title under the lessee, though he was an obstruction on a turnpike, against the per- not a party to the ejectment suit.-Shultes F. son who placed the obstruction there, and in Sickles, (Sup:) 24 N. Y. S. 145. which defendant pleaded contributory negli- Opening and vacating. gence, bars a subsequent action against the turnpike company for the same injuries.
15. A party who had notice of the judgment Featherson v. President, etc., of Newburgh & 14 months before moving, because of collusion C. Turnpike Co., (Sup.) 24 N. Y. S. 603.
of counsel, to vacate the same, is chargeable 8. In an action to recover the value of sidered in determining the motion.—Jones F.
with laches and neglect, which may be con work performed by plaintiff's assignor on certain clothing, defendant introduced in evidence Jones, (Sup.) 24 N. Y. S. 1031. the judgment roll of an action of claim and
16. The special term cannot, on a motion delivery for the articles, wherein defendant
to vacate a judgment, review the decision of was plaintiff and plaintiff's assignor defend- | the referee on which the judgment was enterant, but which in terms only purported to be ed, as such remedy is only by appeal.—Jones v. a “judgment for the plaintifr":"named therein, Jones, (Sup.) 24 Ñ. Y. S. 1031. "and $22.50 costs,' without stating that it Foreign judgment. was against the defendant therein, or that 17. In an action in New York on a judg. he either appeared or was served with sum- ment obtained in Massachusetts, defendant can mons. Held, that this was insufficient to sus- show that he had a valid defense which he set tain a defense of former adjudication or up in the original suit, and that the judgment counterclaim for the amount of such costs.- was obtained by the fraud of plaintiff, who inHecht v. Mothner, (Com. Pl. N. Y.) 24 N. Y. | duced him to abandon the further defense on S. 826.
assurance that he would discontinue the action. 9. Where indemnity is sought by one who –White v. Reid, ($up.) 24 N. Y. S. 290. has been adjudged liable for damages arising 18. Where it appears in an action on a from negligence for which another, as between foreign judgment that the court by which such themselves, was primarily liable, the judgment judgment was rendered had original jurisdiction is evidence in the action brought for indemnity in all civil actions whereof exclusive jurisdiethat plaintiff was liable for the damages, and, tion was not given to some other court, it is when notice was given to defend, of the amount prima facie proof that such court had jurisdic of the damages, but it does not establish which tion of the action in which the judgment sued of the wrongdoers is primarily liable.-City of on was rendered.-Leach v. Linde, (Sup.) 24 New York v. Brady, (Sup.) 24 N. Y. S. 296. N. Y. S. 176.
10. The bond of a trustee appointed by an order of court was conditioned that if the trus
Judicial Notice. tee "will well and faithfully perform and discharge his duties as such trustee, as named in See "Evidence," 1. said order, then this obligation shall be void, else to be and remain in full force and virtue. Held, that a judgment against the executor of
JUDICIAL SALES. the trustee, in favor of his successor, for the recovery of the trust fund, was not conclusive Of decedent's property, see "Executors and Adon the sureties in the trustee's bond.-People
ministrators," 21. v. Donohue, (Sup.) 24 N. Y. S. 437. 11. A judgment of the general term, revers
Refusal to comply with bid-Objections ing a judgment for defendant in an action by
to title. creditors to set aside a transfer of property to 1. The fact that land is sold subject to a secure a creditor, is not conclusive on a new condition without authority in the decree of trial, where such reversal was based on the sale, and the condition is signed by the purassumption that there was an agreement be chaser's son without understanding its effect, tween the debtor and creditor that the debtor will not oblige the purchaser to take the titleshould not make an assignment for the benefit | Recor v. Blackburn, (Sup.) 24 N. Y. S. 692.
2. In partition of land claimed under the I that has not been vacated;" as it is the jug-
LANDLORD AND TENANT.
"Set-Off and Counterclaim."
Lease signed by person not named therein, sèe
1. Where judgment in ejectment is ob-
the defendant in the action and the person in
possession is valid.-Shultes v. Sickles, (Sup.)
Ct.) 24 N. 7, S. 473.
Liability of landlord to tenant.
3. A landlord is not liable to the tenant
for damages to the leasehold by a contractor
who entered the premises to preserve the walls
because the landlord gave the contractor license
to so enter, under Laws 1882, c. 410, $ 474.
serve the party or other wall when he desires
curb.-McKenzie v. Hatton, (Sup.) 24 N. Y.
be no implied covenant in a conveyance of land.
eviction.--Conley v. Schiller, (Co. Ct.) 24 N. Y.
Kenzie v. Hatton, (Sup.) 24 N. Y. S. 88.
Possession under execution extinguishes swer, defendant could not prove that defend-
ant's words related to a transaction which was
not itself a larceny.-Sherman v. Rogers, (Sup.)
24 N. Y. S. 390.
dren, evidence as to plaintiff's condition after
the publication of the libel is inadmissible.-
Tobin v. Sykes, (Sup.) 24 N. Y. S. 943.
7. In an action for libel, where defendant
sets up a justification, but fails to establish
it, the jury may, if they find that it was set
up in bad faith, consider that fact in estimat-
ing damages.-Tobin v. Sykes, (Sup.) 24 N. Y.
8. Under Code Crim. Proc. $ 289, providing
that an indictment for jibel need not set forth
any extrinsic facts for the purpose of showing
the application to the party libeled, but may
a relation to the former as to afford a reaside
N. Y.) 24 N. Y. S. 727.
Liberty of Speech.
To sell liquor, see "Intoxicating Liquors."
Applicability of statute.
in the statutory period. There was little eri-
dence of any payment of money, but evidence
6. On an issue as to whether a delivers of
thereon, was by the surety on the note, so as
to remove the bar of limitations as against
was his property, and that it came from a farm
were living. There was evidence that the
could have it when he came home. Severa
See "Carriers," 8.
4. In an action to rescind a sale of cor- Cancellation.
han undertaking in discharge of
to foreclose, and notice of lis pendens tiled,
or abated, or final judgment rendered against
appeal has expired; (2) where plaintiff filing
LIVERY STABLE KEEPERS.
Where the owner of a horse, in the
tained possession thereof by fraud, without
paying plaintiff's charges, plaintiff may recover
ca se out of the statute of limitations, but may detain it until his charges are paid: "pro-