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.
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 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."
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.
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-
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.
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.
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.
Of purchaser, see "Bills and Notes," § 1.
See "Descent and Distribution."
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,
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
Injunction to restrain illegal construction of rapid transit tunnel denied under the facts. Barney v. City of New York (Sup.) 972.
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.
Of corporation, see "Corporations," § 5.
Of places to work, see "Master and Servant," § 3.
Of writings, see "Discovery," § 1.
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.
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
in the class participating in a beneficiary fund to change to the nonparticipating class, and that such amendment was reasonable.-French v. New York Mercantile Exchange (Sup.) 312.
A member of a beneficial association held not to waive his rights, or estop himself to sue for a partial breach of contract, where, on its re- fusal to continue to receive assessments on his $5,000 certificate, he under protest paid assess- ments on a basis of a $2,000 benefit.-Williams v. Supreme Council American Legion of Honor (Sup.) 713; Barton v. Same, Id.
A beneficial association held not entitled to reduce the amount of benefits by an amendment of the by-laws, as to one having a certificate on which he had paid benefits.-Williams v. Su- preme Council American Legion of Honor (Sup.) 713; Barton v. Same, Id.
Forfeiture of mutual benefit insurance by nonpayment of assessments held waived by sub- sequent acceptance_thereof.-Beil v. Supreme Lodge, Knights of Honor (Sup.) 751.
INTOXICATING LIQUORS.
81. Licenses and taxes.
Under Laws 1897, c. 312, § 28, subd. 2, pro- ceedings to cancel a certificate authorizing the sale of liquors may be maintained against the holder of the certificate of record, though he has no connection with the business.-Cullinan v. Kuch (Sup.) 186.
Liability of surety on liquor tax certificate bond held to continue until surrender or trans- fer of the certificate.-Cullinan v. Parker (Sup.) 187.
It is no defense to proceedings to vacate liq- uor tax certificate that the sales were made by the bartender against instructions of certificate holders.-In re Cullinan (Sup.) 607.
False statement, in application for liquor tax certificate. as to a building to be used as a hotel, held ground for vacating the certificate.— In re Cullinan (Sup.) 626.
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-
able.-O'Brien v. Supreme Council, Catholic Benev. Legion (Sup.) 775.
Member of mutual beneficial association and deceased beneficiary held to have no vested in- terest in the proceeds of the member's certifi- cate, so as to invalidate a by-law requiring pay- ment to the administrator of the second benefi- ciary.-O'Brien v. Supreme Council, Catholic Benev. Legion (Sup.) 775.
In a beneficial association, the certificate and the constitution and by-laws constitute the con- tract between the member and the associa- tion.-O'Brien v. Supreme Council, Catholic Benev. Legion (Sup.) 775.
On claims against city, see "Municipal Corpo- rations," 10.
On funds of estate of decedent, see "Executors and Administrators," § 3.
INTERLOCUTORY INJUNCTION. See "Injunction," § 2.
INTERLOCUTORY JUDGMENT. Review on appeal, see "Appeal," § 7.
INTERROGATORIES.
To witnesses, see "Depositions."
INTERVENTION.
In actions in general, see "Parties," § 1. In attachment proceedings, see "Attachment," § 5.
See "Descent and Distribution."
A bona fide assignee of a liquor tax certifi cate, issued on fraudulent representations of the applicant, held not entitled to compel a refund on surrender of the certificate.-People v. Hil- liard (Sup.) 792.
cate held no ground for revoking the same.— Mistake in application for liquor tax certifi- In re Brewster (Co. Ct.) 666.
A hotel, a portion of which had been rented hotel, within the liquor tax law. In re Brew- to tenants, held not continuously occupied as a ster (Co. Ct.) 666.
A hotel held not to lose its identity because, at a certain date, the location of the barroom has been changed.-In re Brewster (Co. Ct.) 666.
Place kept open for travelers without previous agreement as to length of stay or terms held a hotel within the liquor tax law. In re Brewster (Co. Ct.) 666.
A building may be a hotel, though it displays a sign "boarding house."-In re Brewster (Co. Ct.) 666.
It is not necessary, to constitute a hotel, that the proprietor should keep a safe for valuables, or have a register or private stable accommoda- tions.--In re Brewster (Co. Ct.) 666.
Application for liquor tax certificate for a hotel denied for false statement that there was no dwelling within 200 feet.-In re Ryon (Co. Ct.) 1114.
Liquor tax certificate to hotel revoked because bedrooms were smaller than the statutory re- quirements. In re Ryon (Co. Ct.) 1114.
Of estate of decedent, see "Executors and Ad- ministrators," § 2.
« PreviousContinue » |