COMPENSATION. For property taken for public use, see Emi- Waiver of conditions to right to sue to enforce In contracts and conveyances. Of particular classes of officers or other persons. See Bonds, § 64; Contracts, § 221; Mortgages, Attorney, see Attorney and Client, §§ 166, 182, Committee of insane person, see Insane Persons, Guardian ad litem of infant, see Infants, § 83. Referee, see Reference, § 76. Servant, see Master and Servant, §§ 70, 80. COMPETENCY. Of experts as witnesses, see Evidence, § 536. Of witnesses in general, see Witnesses, § 209. COMPLAINT. In civil actions, see Pleading, § 52. In criminal prosecution, see Criminal Law, § COMPOUNDING FELONY. By attorney as ground for disbarment, see § 3. Under Pen. Code, § 125, and Code Cr. COMPROMISE AND SETTLEMENT. Compromise of claim by administrator, see Ex- COMPROMISE JUDGMENT. CONCURRENT JURISDICTION. Of courts, see Courts, § 516. CONDEMNATION. Taking property for public use, see Eminent CONDITIONAL SALES. See Sales, §§ 460-481. CONDITIONS. On refusing injunction, see Injunction, § 154. § 314. Bill of lading, see Carriers, §§ 51, 83. Precedent to actions or other proceedings. To enforce liability of surety on bond to dis- To recover compensation of municipal employés, CONSTITUTIONAL LAW. Provisions relating to particular subjects. Enactment and validity of statutes, see Stat- Special or local laws, see Statutes, § 97. II. CONSTRUCTION, OPERATION, § 48. It is a well-settled rule of constitution- For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER V. PERSONAL CIVIL AND POLITI- Statutes of limitations, see Limitation of Ac CAL RIGHTS. tions, § 5. CONSTRUCTIVE NOTICE. 89. A Massachusetts insurance company has a constitutional right to make at contract in Massachusetts with a citizen of New York to insure property in this state, and a New York law See Notice, §§ 5, 6. would be void in so far as it interfered with such right.-Hammond v. International Ry. Co. (Sup.) 854. VII. OBLIGATION OF CONTRACTS. (C) CONTRACTS OF INDIVIDUALS AND PRIVATE CORPORATIONS. 154. Under Laws 1892, p. 2022, c. 690, § 235, as amended by Laws 1903, p. 1052, c. 450, 81, rights of a member of a beneficiary association to an old age benefit held vested, and not subject to impairment by subsequent legislation. -People V. Chapter General of America, Knights of St. John and Malta (Sup.) 985. CONTEMPT. In disobedience of order for payment of alimony, see Divorce, § 269. III. PUNISHMENT. Term of imprisonment for failure to pay alimony, see Divorce, § 269. § 82. Testamentary trustee, committed for contempt for failure to pay over moneys, will not be discharged on his general statements of inability. In re Geyer (Sur.) 800. CONTEST. $172. The application of Code Civ. Proc. § 2728, requiring the sureties of an administrator Of will, see Wills, § 226. to be made parties in proceedings for a voluntary accounting and for judgment on a bond executed before the section was passed, does not impair the obligation of contracts, as it affects the procedure only and not the remedy.-Cookman v. Stoddard (Sup.) 901. XI. DUE PROCESS OF LAW. § 290. A municipal assessment held void for want of adequate description, under constitutional provisions as to due process of law.-Noxon v. City of New Rochelle (Sup.) 822. CONSTRUCTION. CONTRACTS. Agreements within statute of frauds, see Assignment, see Assignments. 154, 172. Operation and effect of customs or usages, see Parol or extrinsic evidence, see Evidence, 419-442. Particular classes of express contracts. Of contracts, instruments or judicial acts and Bills of lading, see Carriers, §§ 51, 55. proceedings. Employment, see Master and Servant. Particular classes of implied contracts. Particular modes of discharging contracts. I. REQUISITES AND VALIDITY. (A) NATURE AND ESSENTIALS IN GENERAL. § 2. Acceptance of an offer by letter or telegram is governed by the law of the place where the acceptance is dispatched.-SteinGray Drug Co. v. H. Michelsen Co. (Mun. Ct.) 789. $ 9. A contract, whereby plaintiff, an insurance agent, agreed that if defendant would take out certain policies he would secure a loan thereon for defendant, held void for uncertainty.Smith v. Dotterweich (Sup.) 896. § 10. A contract whereby a city gave defendant the privilege of appropriating to his own use refuse at specified dumps of the street cleaning department for one year in consideration of a certain weekly payment held not void for want of mutuality.-City of New York v. Paoli (Sup.) 544. (B) PARTIES, PROPOSALS, AND ACCEPTANCE. § 19. Where an offer is made by mail, and an acceptance posted, the contract is complete; a withdrawal of the offer being ineffective, unless received before the mailing of the acceptance. Stein-Gray Drug Co. v. H. Michelsen Co. (Mun. Ct.) 789. § 28. Evidence held not to establish a contract of subscription for a publication.-Realty Records Co. v. Pierson (Sup.) 547. (C) FORMAL REQUISITES. § 32. That parties to an alleged oral agreement intend to have a formal written agreement executed is evidence that the oral agreement is not intended to be binding.-Sherry v. Proal (Sup.) 234. (E) VALIDITY OF ASSENT. $ 98. An agreement that is voidable, and not void, is to be given effect until disaffirmed. -Hyde v. Equitable Life Assur. Society of United States (Sup.) 219. (F) LEGALITY OF OBJECT AND OF CONSIDERATION. § 123. A contract by an employé of a city to sell information acquired in its employ, to be used against it, held immoral.-Coffey v. Burke (Sup.) 514. § 129. An agreement by an attorney with a creditor of a bankrupt held not invalid as against public policy.-William Bernard v. Fromme (Sup.) 807. § 131. If the intention of the parties to a contract to secure a reduction of taxes is to make use of an acquaintance with public officers for the purpose of illegitimately influencing them, the contract is void.-McCallum v. Corn Products Co. (Sup.) 118. § 138. That defendant has the fruits of plaintiff's immoral contract to furnish information to be used against his employer city held no ground for allowing recovery of the price.Coffey v. Burke (Sup.) 514. § 139. Parties to an invalid contract held not in pari delicto, so as to authorize one to make its invalidity a defense.-William Bernard v. Fromme (Sup.) 807. § 140. A new promise founded on an illegal contract held illegal.-Coffey V. Burke (Sup.) 514. $141. Evidence held to conclusively show that a party undertook to and did secure by improper methods a reduction of taxes against corporations to which they were not entitled, and so was not entitled to compensation therefor-McCallum v. Corn Products Co. (Sup.) 118. II. CONSTRUCTION AND OPERA TION. (A) GENERAL RULES OF CONSTRUCTION. § 147. In the absence of fraud or mistake, a contract must be construed so as to give effect to the intention of the parties so far as it can be gathered from the instrument itself.-Anderson v. New York & H. R. Co. (Sup.) 954. be understood in more than one sense, it should § 155. Where the language of a contract may be interpreted in the sense in which the promisor had reason to believe the promisee would understand it.-Stanton v. Erie R. Co. (Sup.) 375. § 169. Contracts must be read and given a reasonable construction in the light of the situation of the parties when the contract was made.-Condon v. New Rochelle. Water Co. (Sup.) 142. $176. The interpretation of a contract is for the court.-Smith v. Dotterweich (Sup.) 896. (E) CONDITIONS. § 221. Under an advertising contract, publisher held not entitled to recover contract price without showing orders sent to publisher to the extent of the contract price.-Keystone Pub. Co. v. Roman (Sup.) 654. III. MODIFICATION AND MERGER. Legality of marriage promise conditioned on one of parties securing divorce from present spouse, see Breach of Marriage Promise, § 7. V. PERFORMANCE OR BREACH. § 280. A contract to secure a reduction in the assessment of corporate stock held not performed by obtaining a reduction, which defrauded the state of taxes to which it was entitled, and which may still be collected.-McCallum v. Corn Products Co. (Sup.) 118. $ 300. The clause in a builder's contract making a strike among workmen a valid excuse for delay does not protect a contractor from the consequences of a voluntary lockout against employés on his part.-Mahoney v. Smith (Sup.) 1091. For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER III. CORPORATE NAME, SEAL, DOMICILE, BY-LAWS, AND RECORDS. Business § 43. Under Corporation Law (Laws 1890, p. 1168, c. 567) § 2, subd. 1, the name of a corporation is essential to its existence, and in its contracts it must use its name. -Scarsdale Pub. Co.-The Colonial Press v. Carter (Sup.) 731. $ 46. A corporation held not authorized to use only a part of its name in its contracts.Scarsdale Pub. Co.-The Colonial Press v. Carter (Sup.) 731. IV. CAPITAL, STOCK, AND DIVIDENDS. (B) SUBSCRIPTION TO STOCK. Action for fraud in inducing purchase of stock, see Fraud, §§ 39, 44, 58, 59. Agreement to indemnify subscriber against loss, see Indemnity, §§ 1, 11. Misjoinder of causes of action for fraudulently inducing purchase of stock, see Action, § 47. (D) TRANSFER OF SHARES. § 121. A buyer of corporate stock held entitled to recover the damages sustained in consequence of the failure of the seller to deliver the stock at the time fixed.-Chapman v. Fowler (Sup.) 962. § 121. A buyer held not to waive his right to recover damages for the seller's failure to per form at the date designated for performance.— Chapman v. Fowler (Sup.) 962. § 121. A buyer held not estopped from recovering damages for the seller's breach of contract of sale.-Chapman v. Fowler (Sup.) 962. V. MEMBERS AND STOCKHOLDERS. (A) RIGHTS AND LIABILITIES AS TO CORPORATION. Action for fraud in inducing purchase of stock. see Fraud, §§ 39, 58, 59. VI. OFFICERS AND AGENTS. § 283. The fact that only a minority of the stock of a corporation was voted on at the elec tion of directors does not make the election illegal.-Ashcroft v. Hammond (Sup.) 362. § 294. The suspension or removal of corporate directors can only be had in an action brought for that purpose by the Attorney Geteral, as provided by Code Civ. Proc. §§ 1781. 1782, and 1811.-Welcke v. Trageser (Sup) 166. (C) RIGHTS, DUTIES, AND LIABILITIES AS TO CORPORATION AND ITS MEMBERS. Striking out matter from pleadings in action between shareholder and officer or agent, see Pleading, § 364. § 316. Certain agreement by corporation $320. A court of equity may at the suit (D) LIABILITY FOR CORPORATE DEBTS (B) REPRESENTATION OF CORPORA- § 428. A corporation, represented in a pur- (C) PROPERTY AND CONVEYANCES. Waiver of limitations, see Limitation of Ac- (D) CONTRACTS AND INDEBTEDNESS. § 353. As Laws 1901, p. 961, c. 354, repeal- 8353. Laws 1901, p. 961, c. 354, repealing VII. CORPORATE POWERS AND LIABILITIES. (A) EXTENT AND EXERCISE OF POW- Power of life insurance company to invest in § 370. A corporation, when acting within § 370. A corporation is an artificial creation, § 377. A corporation may take the stock of § 389. It will not be assumed that stock Power of life insurance company, see Insurance, (F) CIVIL ACTIONS. Discovery of evidence before trial, see Discov- § 507. The validity of the service of sum- § 507. An assistant superintendent of a cor- § 513. Service with an answer of a copy of § 515. The defense of ultra vires, to be avail- § 553. A receiver for a corporation will not XII. FOREIGN CORPORATIONS. $ 642. A contract by a foreign corporation 96. § 676. Under Code Civ. Proc. §§ 432, 433, For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER |