« ΠροηγούμενηΣυνέχεια »
bank's default in giving notice of dishonor, held
to have waived the default, under Negotiable See Assault and Battery.
Instruments Law (Laws 1897, p. 742, c. 612
$ 180.-Weil v. Corn Exchange Bank (Sup.) BENEFICIAL ASSOCIATIONS.
665. See Associations.
VII. PAYMENT AND DISCHARGE. Mutual benefit insurance associations, see In § 437. The maker of a note, having acquir surance, $ 719.
ed possession after maturity without having
paid the same, held not a "holder in his osa BENEFITS.
right," and liable to the second indorser.-Kor
kemas v. Macksoud (Sup.) 85. Acceptance of, as grounds of estoppel, see Estoppel, 88 68-88.
Discretion of court as to costs in action against BEQUESTS.
maker and indorsers, see Costs, $ 90. See Wills.
Proper parties defendant in action on note er
ecuted by unincorporated association, see As
sociations, & 20. BEST AND SECONDARY EVIDENCE.
$ 496. One suing on a check must prove that In civil actions, see Evidence, 88 177, 179.
he is the payee thereof, or the lawful holder hy
The Colonial Press v. Carter (Sup.) 731.
$ 523. Evidence held not to show plaintif's See Gaming.
ownership of the check sued on, essential to the
maintenance of the action.--Scarsdale Pub. Co.BIAS.
The Colonial Press v. Carter (Sup.) 731. Of juror, see Jury, 88 110_135.
Liability of lessor of bleachers for injuries by
collapse thereof, see Landlord and Tenant, s BILL OF LADING.
16). See Carriers, 88 51, 55.
BONA FIDE PURCHASERS.
Attachment bond, see Attachment, $$ 335–351. Larceny by bailee of promissory notes, see Em-Bonds to prevent or discharge mechanics lien,
see Mechanics' Liens. $ 228. bezzlement, § 44.
For payment of damages resulting from nu(F) VALIDITY.
sance, see Nuisance, $ 35.
Of executor or administrator, see Executors and Validity of note of infant, see Infants, $ 52. Administrators, 335.
Security for costs, see Costs, & 246. II. CONSTRUCTION AND OPERATION. Sureties on bonds, see Principal and Surety.
$ 132. A note held not avoided by failure of II. CONSTRUCTION AND OPERATION. the payee to perform a condition subsequent.-Smith v. Dotterweich (Sup.) 896.
$ 64. Under a bond conditioned that obligor
would maintain and support obligee, held. that $ 134. In an action on a check between the obligee might live where she pleased, prurided original parties to the transaction, a contract her choice did not involve needless expenserelating to the subject-matter of the transaction Stuart v. Abbey (Co. Ct.) 259. in which the check was executed and delivered must be read with the check as one instrument.
V. ACTIONS. -Scarsdale Pub. Co.-The Colonial Press v. Car
$ 135. Under Code Civ. Proc. $ 1915, held ter (Sup.) 731.
that recovery could be had on a bond in a pe
nal sum conditioned for the maintenance and VI. PRESENTMENT, DEMAND, NOTICE AND PROTEST.
support of obligee only to the amount of ai
tual damages suffered by reason of a viola§ 422. An indorser, having taken up a dis- tion of the condition.-Štuart V. Abbey (Co. honored check from the bank with notice of the ICt.) 259.
§ 13. Defendant in an action for breach of
promise may question validity of divorce obtain-
ed by plaintiff in another state.-Williams v.
Igel (City Ct.) 778.
$ 18. A complaint held to set forth a mu-
tual contract of marriage and breach thereof.
Operation of as nuisance, see Nuisance, 8 35.
§ 8. Evidence held not to justify a finding
8 8. Evidence in an action to recover for
services in selling defendant's automobile held
f 15. A grant by the state of land bordering III. DUTIES_AND LIABILITIES TO
fenses or evidence in action for negligence or
wrongful acts, see Trial, $ 253.
Specific performance of contract by broker to
$ 38. Corporate stock held prima facie con-
verted by brokers.-Kilmer v. Hutton (Sup.)
verting certificates of stock delivered by plain-
§ 49. Held, that the doctrine of practical lo IV. COMPENSATION AND LIEN.
sions on sale of defendant's realty on direction
of her husband.--Hurd v. Lee (Sup.) 445.
§ 44. The authority of a broker to procure
a purchaser may be revoked by the owner at
any time before the sale is consummated.-
Gardner v. Pierce (Sup.) 155.
§ 44. The authority of a broker employed
to procure a purchaser held revoked by the
$8156-182; Vendor and Purchaser, $$ 130, broker to commissions.-Gardner v. Pierce (Sup.)
A broker employed to procure a pur-
chaser held not entitled to recover commissions
until he brings the minds of the purchaser and
the owner to an agreement for the sale.-Gard-
ner v. Pierce (Sup.) 155.
to an agreement for a sale and the price and
terms under which it is to be made.-William
§ 53. A broker must show affirmatively that See Religious Societies, $ 20.
Condemnation of property for canal purposes, § 53. In an action by a broker to recover for
speculative damages, see Eminent Domain,
93. procuring a sale, held necessary to show that he Right of state owning bed of river and its wawas the procuring cause of the sale.-Walles
ter to take water for canal purposes without ton v. Fahnestock (Sup.) 743.
compensation, see Eminent Domain, $ St. 8 57. A broker employed to procure a pur
property held not entitled to com- CANCELLATION OF INSTRUMENTS. missions.—Gardner v. Pierce (Sup.) 155.
$_74. Purchasers of land and a broker held See Quieting Title; Reformation of Instrounder no liability to the owner's broker respecting commissions.-Oppenheimer v. Barnett (Sup.) 44.
I. RIGHT OF ACTION AND DEFENSES. § 75. To entitle a real estate broker to com $ 24. Restoration of consideration as a conmissions, hold, that he must show that the cash dition precedent for suing for rescission of a conrequired' bad been paid and a deed delivered, or tract held not necessary under the circumstances, that nonperformance was the owner's fault.--Cox v. Stillman (Sup.) 931. Larson v. Burroughs (Sup.) 358. V. ACTIONS FOR COMPENSATION.
II. PROCEEDINGS AND RELIEF. Conclusiveness as against broker of judgment Striking out matter from pleadings, see Pleadfor purchaser against broker's principal re
ing, $ 364. scinding contract for fraud, see Judgment, $ $ 37. A complaint held to state a good cause 707. Self-serving, declaration as evidence, see Evi-V. Stillman (Sup.) 931.
of action for the rescission of a contract-Cor dence, 271. § 82. In an action to recover for services
CARRIERS. performed by plaintiff as a broker under a contract with defendant, recovery cannot be had on proof of a special promise to pay him a com
II. CARRIAGE OF GOODS. mission, which showed no employment of plain- (B) BILLS OF LADING, SHIPPING REtiff.-Walleston v. Fahnestock (Šup.) 743.
CEIPTS, AND SPECIAL CONTRACTS. $ 86. In an action for commissions for pro § 51. The provision in a bill of lading to curing the sale of property, evidence held to notify a certain person of arrival of goods held sustain a finding that the sale was made through not to make him consignee.-Pisapia v. Hartplaintiff's efforts, so that a verdict for him was ford & N. Y. Transp. Co. (Sup.) 26. improperly set aside.-Sturenberg v. Spero (Sup.) 737.
§ 55. A bill of lading, in view of writing,
held negotiable, potwithstanding printing.-- Pis $ 88. In a broker's action for commissions, apia v. Hartford & N. Y. Transp. Co. (Sup.) whether plaintiff was the procuring cause of the 26. sale held for the jury.-Kalkstein v. Jackson (Sup.) 302.
(D) TRANSPORTATION AND DELIVERY
8 83. Delivery of goods, without surrender
of bill of lading, in contravention of it, though Delay in performance, see Contracts, $ 300.
to the consignee, held to give cause of action.
Pisapia v. Hartford & N. Y. Transp. Co. (Sup.) BURDEN OF PROOF.
26. In civil actions, see Evidence, $ 90.
$ 83. Proof of damages held necessary for
action for breach of stipulation of bill of ladBURGLARY INSURANCE, ing against delivery of goods except on sur
render of bill of lading.--Pisapia v. Hartford See Insurance, 665.
& N. Y. Transp. Co. (Sup.) 26.
$ 83. Under a bill of lading, held, the onBY-LAWS.
signor could be consignee.--Pisapia . HartOf mutual benefit insurance association, see
ford & N. Y. Transp. Co. (Sup.) 26. Insurance, $ 719.
(F) LOSS OF OR INJURY TO GOODS. CALENDARS.
$ 108. A public truckman held a common
carrier, and liable, as for a breach of contract, Of causes for trial, see Trial. 88 11-16.
to a person delivering goods to him for car
riage, where the goods were stolen by his driv.
$ 119. A carrier is responsible for loss of Exemption from taxes or assessments for pub
lic improvements, see Municipal Corporations,
Of amount held in bank to order of party to
alight, or warn the passenger of any known
CHANGE OF VENUE.
Of civil actions, see Venue, 88 45, 52
Of accused in criminal prosecutions, see Crim
es, $ 203.
§ 7. A bequest to the treasurer of a hospi-
Laws 1893, p. 1748, c. 701, as amended by Laws
1901, p. 751, c. 291.-In re Beaver's Estate
8 15. A testamentary gift in trust to apply
the income to the care of testator's burial lot
§ 15. Under Laws 1895, p. 481, c. 723, $ 7,
re-enacting with modifications Laws 1884, p.
253, c. 198, $ 2, a testamentary gift to a re
Possession of leased premises, see Use and Oc-
cupation, $ 1.
See Frauds, Statute of, 8821-26; Guaranty.
Of estate of decedent, see Executors and ad-
ministrators, $$ 87, 111.
COLLEGES AND UNIVERSITIES.
Nature and extent of liability of sureties op
bond for payment of expenses of prospectire
student, see Principal and Surety, $$ 66, 83.
See Public Lands, & 188.
COLOR OF TITLE.
To sustain adverse possession, see Adverse Pos-
Between courts, see Courts, $ 516.
Carriage of goods and passengers, see Carriers.
Statement to commercial agency as admission,
see Evidence, $ 205.
See Bills and Notes.
To take testimony, see Depositions.
Of appraisal of property taken for public water
supply, see Waters and Water Courses, & idi
Of broker, see Brokers, $$ 40-75.
On charge of crime, see Criminal Law, 216
Persons, $ 41.
See Schools and School Districts, & 102.