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BATTERY.

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.

VIII. ACTIONS.

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
assignment or indorsement.-Scarsdale Pub. Co.-

The Colonial Press v. Carter (Sup.) 731.
BETTING.

$ 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.

BLACKMAIL.
Of witness, sea Witnesses, $ 372, 374.

See Threats.
BILL OF EXCHANGE.

BLEACHERS.
See Bills and Notes.

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.
BILL OF PARTICULARS. Of goods, see Sales, § 244.
See Pleading, 88 313-329.

BONDS.
BILLS AND NOTES.

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.

BOOK MAKING.

§ 13. Defendant in an action for breach of

promise may question validity of divorce obtain-
See Gaming, $ 87.

ed by plaintiff in another state.-Williams v.

Igel (City Ct.) 778.
BOOKS OF ACCOUNT.

$ 18. A complaint held to set forth a mu-
As documentary evidence, see Evidence, $ 354.

tual contract of marriage and breach thereof.
Secondary evidence of contents, see Evidence, -Hughes v. Walter (Sup.) 1.
88 177, 179.

BRICK KILNS.
BOUNDARIES.

Operation of as nuisance, see Nuisance, 8 35.
I. DESCRIPTION.
$ 13. In construing the conveyance of land

BROKERS.
upon a stream, more liberality must be allowed
in interpreting the language of the conveyance See Principal and Agent.
because of the difficulty of locating the bounds of
such land.-Fulton Light, Heat & Power Co. v. II. EMPLOYMENT AND AUTHORITY.
State (Ct. Cl.) 1000.

§ 8. Evidence held not to justify a finding
$ 13. Where land is bounded by or on a that plaintiffs were employed as brokers to sell
nontidal stream, the presumption is that the title a yacht for defendant.-Gardner v. Pierce (Sup.)
extends to the center, and this even against the 155.
state.-Fulton Light, Heat & Power Co. v. State
(Ct. Cl.) 1000.

8 8. Evidence in an action to recover for

services in selling defendant's automobile held
$ 15. Grant from the state considered, and insufficient to show that he acted as broker for
held to carry title to the center of the river.- defendant in the sale.- Walleston V. Fahne-
Fulton Light, Heat & Power Co. v. State (Ct. stock (Sup.) 743.
CI.) 1000.

f 15. A grant by the state of land bordering III. DUTIES_AND LIABILITIES TO
on a nontidal stream though navigable in fact,

PRINCIPAL.
held to carry title to the center of the bed of Instructions excluding or ignoring issues, de-
the stream and the riparian rights incident

fenses or evidence in action for negligence or
thereto.--Fulton Light, Heat & Power Co. v.

wrongful acts, see Trial, $ 253.
State (Ct. Cl.) 1000.

Specific performance of contract by broker to
§ 20. A deed of lots as shown by a map, deliver stock, see Specific Performance, § 114.
showing the laying out of streets, held to con-
vey to the center of the streets. ---Woolf V.

$ 38. Corporate stock held prima facie con-
Woolf (Sup.) 104.

verted by brokers.-Kilmer v. Hutton (Sup.)

127.
II. EVIDENCE, ASCERTAINMENT, AND 8 38. In an action against brokers for con-
ESTABLISHMENT.

verting certificates of stock delivered by plain-
8 33. The presumption that one holding tiff to their clerk for transfer on the corporate
land bounded on a highway is the owner to books to plaintiff, evidence held not sufficient
the center thereof held rebuttable by provi- to permit them to escape liability on the ground
sions of the deed.-Woolf v. Woolf (Sup.) 104. of good faith.-Kilmer v. Hutton (Sup.) 9127.

§ 49. Held, that the doctrine of practical lo IV. COMPENSATION AND LIEN.
cation might be resorted to to establish a dis-
puted line.-Fulton Light, Heat & Power Co. 8 40. Plaintiff held not entitled to commis-
v. State (Ct. Cl.) 1000.

sions on sale of defendant's realty on direction

of her husband.--Hurd v. Lee (Sup.) 445.
BOYCOTT.

§ 44. The authority of a broker to procure
Restraining, see Injunction, $ 109.

a purchaser may be revoked by the owner at

any time before the sale is consummated.-
BREACH.

Gardner v. Pierce (Sup.) 155.

§ 44. The authority of a broker employed
Of condition, see Insurance, $$ 291, 292.

to procure a purchaser held revoked by the
Of contract, see Contracts, 88 280, 300; Sales, owner in good faith, defeating the right of the

$8156-182; Vendor and Purchaser, $$ 130, broker to commissions.-Gardner v. Pierce (Sup.)
133.

155.
Of covenant, see Covenants, $ 103.

$ 52.

A broker employed to procure a pur-
Of warranty, see Insurance, $ $ 291, 292.

chaser held not entitled to recover commissions

until he brings the minds of the purchaser and
BREACH OF MARRIAGE PROMISE.

the owner to an agreement for the sale.-Gard-
§ 7. A promise of marriage, to be carried out

ner v. Pierce (Sup.) 155.
if the woman, who has a husband living, pro $ 52. To entitle the broker to compensation,
cures a divorce, is void.-Williams v. Igel (City he must bring the minds of the buyer and seller
('t.) 778.

to an agreement for a sale and the price and
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (3) NUMBER

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terms under which it is to be made.-William

CAMP MEETINGS.
P. Rae Co. v. Kane (Sup.) 739.

§ 53. A broker must show affirmatively that See Religious Societies, $ 20.
the purchaser was induced to buy through the
means employed by him, in order to entitle him

CANALS.
to commissions.-Kalkstein V. Jackson (Sup.)
302.

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

BY CARRIER.
BUILDING CONTRACTS.

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

ca

riage, where the goods were stolen by his driv.

CEMETERIES.
er.- I l'eyman v. Stryker (Sup.) 638.

$ 119. A carrier is responsible for loss of Exemption from taxes or assessments for pub
goods which he undertakes to carry, irrespec-

lic improvements, see Municipal Corporations,
tive of negligence or fault on his part, if the loss

§ 434.
does not occur by the act of God or the public

CERTIFICATE.
enemies.-Heyman v. Stryker (Sup.) 638.

Of amount held in bank to order of party to
IV. CARRIAGE OF PASSENGERS. action under a municipal court act, see Courts,

8 189.
(D) PERSONAL INJURIES.

CERTIFIED CHECKS.
$ 280. It is the duty of the owner and op-
erator of a passenger elevator to exercise the See Banks and Banking, $ 149.
ordinary care that a reasonable person would
exercise for the protection of passengers.-
Frahm v. Siegel-Cooper Co. (Sup.) 90.

CHALLENGE.
§ 303. It is the duty of a carrier to provide To juror, see Jury, 88 110-135.
a reasonably safe place at which a passenger

alight, or warn the passenger of any known
danger. ---Catterson v. Brooklyn Heights R. Co.

CHANGE OF VENUE.
(Sup.) 760.

Of civil actions, see Venue, 88 45, 52
§ 314. A complaint in an action against a
carrier held sufficient to withstand a motion to
dismiss.-Catterson v. Brooklyn Heights R. Co.

CHARACTER.
(Sup.) 760.

Of accused in criminal prosecutions, see Crim
§ 318. In an action against a street railroad inal Law, $ 369.
for injuries to a passenger, the jury held en-
titled to consider certain evidence as to the

CHARGE.
speed of the car, though there was some dif-
ference of opinion among the witnesses.-Levy | For water supply, see Waters and Water Cours-
v. New York City Ry. Co. (Sup.) 655.

es, $ 203.
§ 318. In an action for injuries to a passen. Of legacies on property by will, see Wills, SÅ
ger, evidence held insufficient to establish the 823, 826.
carrier's negligence.-Gillmore v. Interborough To jury in civil actions, see Trial, $ 253.
Rapid Transit Co. (Sup.) 674.
§ 321. In an action for injuries to plain-

CHARITIES.
tiff through being struck while riding in de-
fendant's passenger elevator by a piece of mor- 1. CREATION, EXISTENCE, AND VA-
tar which fell down the shaft, an instruction

LIDITY.
as to the application of the rule of “res ipsa
loquitur” held to state the case too broadly.- tai in trust for the hospital held valid under

§ 7. A bequest to the treasurer of a hospi-
Frahm v. Siegel-Cooper Co. (Sup.) 90.

Laws 1893, p. 1748, c. 701, as amended by Laws

1901, p. 751, c. 291.-In re Beaver's Estate
(G) PASSENGERS' EFFECTS.

(Sur.) 424.
§ 404. Failure of a passenger to call for bag $ 15. In the absence of statute, a testamen-
gage within a reasonable time after its arrival tary trust to apply the income to the care of
relieves the railroad company of its obligation testator's burial lot is void.-Driscoll v. Hewlett
as a common carrier and substitutes the liabil. (Sup.) 466.
ity of a warehouseman.-Church v. New York
Cent. & H. R. R. Co. (Sup.) 560.

8 15. A testamentary gift in trust to apply

the income to the care of testator's burial lot
$ 408. In an action against a carrier for loss is not a gift to charitable use, within Laws 1893,
of baggage, the question whether plaintiff called p. 1748, c. 701.-Driscoll v. Hewlett (Sup.) 466.
for her baggage within a reasonable time held
one of fact.--Church v. New York Cent. & H.

§ 15. Under Laws 1895, p. 481, c. 723, $ 7,
R. R. Co. (Sup.) 360.

re-enacting with modifications Laws 1884, p.

253, c. 198, $ 2, a testamentary gift to a re
§ 408. In an action for loss of baggage, the ligious corporation in trust to apply the income
durden of showing diligence on the part of plain to care of testator's burial lot held not void as
tiff in calling for her trunk held to be on the against perpetuities.-Driscoll v. Hewlett (Sup.)
plaintiff.-Church v. New York Cent. & H. R. 466.
R. Co. (Sup.) 560.

CHATTEL MORTGAGES.
CAUSE OF ACTION.

See Pledges.

Possession of leased premises, see Use and Oc-
See Action.

cupation, $ 1.
For cases in Dec. Dig. & Amer. Digs. 1997 to date & Indexes see same topic & section (3) NUMBER

116 N.Y.S.-74

i

CHEAT.

COLLATERAL UNDERTAKING.
See Fraud,

See Frauds, Statute of, 8821-26; Guaranty.
CHECKS.

COLLECTION.
See Bills and Notes.

Of estate of decedent, see Executors and ad-
Giving check for goods with knowledge that

ministrators, $$ 87, 111.
drawer has no funds in the bank, see Fraud,
8 28.

COLLEGES AND UNIVERSITIES.
CHILDREN.

Nature and extent of liability of sureties op
See Infants ; Parent and Child.

bond for payment of expenses of prospectire

student, see Principal and Surety, $$ 66, 83.
CHOSE IN ACTION.

COLONIAL GRANTS.
Assignment, see Assignments.

See Public Lands, & 188.
CHURCHES.

COLOR OF TITLE.
See Religious Societies.

To sustain adverse possession, see Adverse Pos-
CITATION.

session.
See Process.

COMITY.
CITIES.

Between courts, see Courts, $ 516.
See Municipal Corporations.

COMMERCE.
CITIZENS.

Carriage of goods and passengers, see Carriers.
See Indians.

COMMERCIAL AGENCIES.
Equal protection of laws, see Constitutional
Law, 8240.

Statement to commercial agency as admission,

see Evidence, $ 205.
CIVIL RIGHTS.

COMMERCIAL PAPER.
See Constitutional Law, 88 89, 240.

See Bills and Notes.
CLAIM AND DELIVERY.

COMMISSION.
See Replevin.

To take testimony, see Depositions.
CLAIMS.

COMMISSIONERS.
Against estate of decedent, see Executors and
Administrators, 88 221, 250.

Of appraisal of property taken for public water

supply, see Waters and Water Courses, & idi
CLOUD ON TITLE.

COMMISSIONS.
See Quieting Title.

Of broker, see Brokers, $$ 40-75.
COLLATERAL AGREEMENT.

COMMITMENT.
Parol evidence, see Evidence, $ 442.

On charge of crime, see Criminal Law, 216
COLLATERAL ATTACK.

COMMITTEE
On assessment for municipal improvement, see Guardianship of insane persons, see Insace
Municipal Corporations, 8 516.

Persons, $ 41.
COLLATERAL INHERITANCE TAXES.

COMMON CARRIERS.
See Taxation, $$ 865-900.

See Carriers.
COLLATERAL SECURITY.

COMMON SCHOOLS.
See Pledres.

See Schools and School Districts, & 102.

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