Title acquired by

SEC. 3262. A transferee of a bond, bank note or certificate of deposit, after its apparent maturity or actual indorsee. dishonor within his knowledge, acquires a title equal to that of a transferee before such event.

N. Y. C. C., Sec. 1828.

TITLE XVI.

GENERAL PROVISIONS.

SECTION 3268. Parties may waive provisions of Code.

Parties may

visions of

Code.

SEC. 3268. Except where it is otherwise declared, the provisions of the foregoing fifteen Titles of this Part, in waive pro respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascertained in the manner prescribed by the chapter on the Interpretation of Contracts; and the benefit thereof may be waived by any party entitled thereto, unless such waiver would be against public policy.

N. Y. C. C., Sec. 1829.

DIVISION FOURTH.

PART I. RELIEF.

II. SPECIAL RELATIONS OF DEBTOR AND

CREDITOR.

III. NUISANCE.

IV. MAXIMS OF JURISPRUDENCE.

V. DEFINITIONS AND GENERAL PROVI

SIONS.

PART I.

RELIEF.

TITLE I. RELIEF IN GENERAL.
II. COMPENSATORY RELIEF.

III. SPECIFIC RELIEF.

IV. PREVENTIVE RELIEF.

TITLE I.

RELIEF IN GENERAL.

SECTION 3274. Species of relief.

3275. Relief in case of forfeiture.

relief.

SEC. 3274. As a general rule, compensation is the relief Species of or remedy provided by the law of this State for the violation of private rights, and the means of securing their observance; and specific and preventive relief may be given in no other cases than those specified in this Part of the CIVIL CODE.

N. Y. C. C., Sec. 1830.

of forfeiture.

SEC. 3275. Whenever, by the terms of an obligation, Relief in case a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, wilful or fraudulent breach of duty.

Though this doctrine, especially as applied to contracts, is one in its origin of purely equitable cognizance, it is now to be applied in all actions, and to be considered in estimating damages, as well as in granting specific relief (see Spaulding vs. Hallenbeck, 39 Barb., 78).

N. Y. C. C., Sec. 1831.