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265. Provisions of Laws 1905, p. 2027, c. Of trusts, see Trusts, &$ 354, 871.
tion; Executors and Administrators.
Estates for years, see Landlord and Tenant.
III. EQUITABLE ESTOPPEL.
claims, or liabilities.
To assert discharge of surety, see Principal
and Surety, $ 129.
To avoid or forfeit insurance policy, see In-
To maintain or oppose particular remedies or
Collection of municipal taxes, see Municipal
Corporations, $ 978.
(A) NATURE AND ESSENTIALS IN GEN-
tificate of deposit to deny that the depositor
had no funds in the bank.--Laza rus v. Caioa
Bank of Brooklyn (Sup.) 710.
(B) GROUNDS OF ESTOPPEL.
8 68. An attorney held estopped to claim a
lien on funds in his hands for services in procur
ing the appointment of administratrix.- re
Mahar (Sup.) 1068.
An indorsee of stock held not estop
ped to sue brokers for conversion of it.-hi.
mer v. Hutton (Sup.) 127.
88. A bill of costs held not to create an
preclude him from disputing the amount of a
Fraudulent Conveyances; Injunction; Ne timony on a reference.--Eckstein v. Schleimer
See Affidavits; Depositions; Discovery; Wit-
Admissibility of evidence under pleading, see
Applicability of instructions to evidence, see On insurance policy, see Insurance, 88 648, 663.
Probate proceedings, see Wills, 88 290-303.
and Administrators, $ 506.
In criminal prosecutions.
See Criminal Law, 88 369, 511.
Review and procedure thereon in appellate
See Appeal, 88 997, 1009.
Harmless error in rulings on, see Appeal, 88
tion in lower court of grounds of review, see
Appeal, $ 204.
As to particular .facts or issues.
Existence of heirs, see Descent and Distribu-
Servant, $ 330.
In particular civil actions or proceedings.
III. BURDEN OF PROOF..
As to particular facts or issues.
Diligence of passenger in calling for baggage,
see Carriers, $ 408.
Servant, $ 330.
In particular civil actions or proceedings.
main, $ 200.
On bill or note, see Bills and Notes, $ 496.
$ 90._“Burden of proof" defined.-Toube v.
IV. RELEVANCY, MATERIALITY, AND
COMPETENCY IN GENERAL.
(B) RES GESTÆ.
A declaration by the motorman, a
few seconds after the collision of his car with
bridge, held not admissible as res gestæ. -
§ 177. Books of account held not so volumi.
nous as to necessitate the admission of abstracts
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (3) NUMBER
part to prove his case, held not to authorize
VIII. DECLARATIONS. reception of plaintiff's summaries of the books, on his bare assertion that copies of entries he' (A) NATURE, FORM, AND INCIDENTS IN offered were correct abstracts.-Pfaelzer v. Gass
GENERAL ner (Sup.) 15.
$ 271. Letters written by plaintiff, in the
nature of self-serving declarations, held inadVII. ADMISSIONS.
missible.—Walleston y. Fahnestock (Sup.) 143. (A) NATURE, FORM, AND INCIDENTS IN
$ 317. In an action to recover a loan claimed § 205. On an issue as to the profits of a
to have been made to a decedent with money acbusiness during a particular period, evidence of quired from him by plaintiff shortly before by a statement of its net worth to a commercial check, held, that testimony of a notary as to agency held inadmissible as an admission statements made to him when decedent instructe Pfaelzer v. Gassner (Sup.) 15.
ed him to prepare the check were properly er
cluded as hearsay.-Russell V. Amlot (Sup.) 8 215. A memorandum of a contract for the 1080. sale of land, made and retained by the grantor, and not signed by the purchaser, held not conclu- admitted to show the effect of certain acids on
§ 318. A page from a scientific book on inks, sive against the grantor, and not evidence as against his wife.-Friedman v. Ender (Sup.) Newell
' (Sup.) 965.
an ink, held inadmissible as hearsay.-Brown v. 161. (C) BY GRANTORS,' FORMER OWNERS, X. DOCUMENTARY EVIDENCE. OR PRIVIES.
(C) PRIVATE WRITINGS AND PUBLICA. $ 236. In an action to recover a loan to a
TIONS. decedent, admissions of the latter held properly § 354. Extracts from account books. made received as being relevant to an issue as to the by a party, and summaries thereof, held to ve ownership of the money received by him.-Rus- in the nature of ex parte statements by him sell v. Amlot (Sup.) 1080.
not binding on his employer, and obnoxious to
the rule against the presumption of the truth (D) BY AGENTS OR OTHER REPRE- of self-serving declarations, and forbidding a SENTATIVES.
man to be a witness for himself.-Pfaeizer v.
Gassner (Sup.) 15. § 243. In an action for negligence of an employé in dropping or throwing from a window XI. PAROL OR EXTRINSIC EVIDENCE a barrel which fell against a child standing in
AFFECTING WRITINGS. the street, held that an admission, if made by de- (A) CONTRADICTING, VARYING, OR ADDfendant's superintendent, that the workmen were
ING TO TERMS OF WRITTEN allowed to throw barrels out to persons calling
INSTRUMENT. for them, was not defendant's admission.-Wallace y. John A. Casey Co. (Sup.) 394.
8 419. The consideration stated in a derd $ 243. Where plaintiff dealt with defendant's conclusive as between the parties, and the
and the acknowledgment of its receipt is dis authorized agent in insuring the safe delivery true consideration, and the amount, if any. of a watch which he was sending to another, actually paid, may always be shown; the dead the agent's statements as to the loss of the itself being merely presumptive evidence.-Friedwatch were improperly stricken in an action for
man v. Ender (Sup.) 461. the insurance money.-Schmerler V. Barasch (Sup.) 624.
(B) INVALIDATING WRITTEN INSTRC$ 246. An admission by an attorney, though
MENT. not made under circumstances that would make § 431. A seal attached to an instrument will it evidence as against his client, held admissi- not prevent the court from receiving evidence ble to show that the attorney had knowledge to show that no contract was in fact entered of the fact admitted.-Beinert v. William M. into.--Israelson v. Wollenberg (Sup.) 626. Tivoli & Co. (Sup.) 4.
8 434. Oral fraudulent representations, made $ 248. A memorandum of a contract for the by a party to a written contract, held inadmis. sale of land, made and retained by the grantor, sible to vary a contract containing provisions and not signed by the purchaser, held not con negativing the claim that the representations clusive against the grantor, and not evidence as were relied on, or containing other representaagainst his wife.--Friedman v. Ender (Sup.) tions on the same subject.–Kreshover v. Berg 461.
er (Sup.) 20. (E) PROOF AND EFFECT.
§ 434. Parol misrepresentations of a vendor $ 265. A memorandum of a contract for the tract for the sale and purchase of real estate.
held inadmissible, as varying the written consale of land, made and retained by the grantor, and not signed by the purchaser, held not -Kreshover v. Berger (Sup.) 20. conclusive against the grantor, and not evi § 434. A written contract, stipulating that dence as against his wife.-Friedman v. Ender no verbal agreements affecting the validity there (Sup.) 461.
of will be recognized, may be impeached by parol
proof that it was procured by fraud. ---Scars- | Of person accused of crime, see Criminal Law, dale Pub. Co.-The Colonial Press V. Carter 216. (Sup.) 731.
Of witnesses in general, see Witnesses, $269
304. (C) SEPARATE OR SUBSEQUENT ORAL AGREEMENT.
EXCEPTIONS. § 442. An oral agreement by a landlord to make repairs as an inducement to the execution of a lease held admissible in an action for rent In deeds, see Deeds, & 140. due under the written lease.-Ernest Tribelhorn Taking exceptions at trial, see Trial, $ 83. v. Hanavan (Sup.) 632.
To pleading, see Pleading, $8 198–218.
EXCHANGES. (C) COMPETENCY OF EXPERTS. § 536. One who had made a special study Seat in stock exchange as asset of estate of deof, and had compiled, deciphered, and publish ceased member, see Executors and Adminised, ancient town records, was competent to trators, 38. testify as an expert as to allotments made of marsh lands in 1654 and subsequently.-Shin
EXCISE. necock Hills & Peconic Bay Realty Co. v. Aldrich (Sup.) 532.
Regulation of traffic in intoxicating liquors, see XIV. WEIGHT AND SUFFICIENCY.
(E) PROCEEDS. gages, § 38.
$ 326. Rule for distribution of proceeds of Common-law marriage, see Marriage, 8 50.
execution sale on levy of second execution Contract, see Contracts, $ 28. Fraud in sale of realty, see Vendor and Purs. Wotkyns & Co. v. Dempsey-Gabriels Brick
against the same property determined.-Tom chaser, § 44.
Co. (Co. Ct.) 265. Surrender of and acceptance of lease, see Landlord and Tenant, § 231.
X. SUPPLEMENTARY PROCEEDINGS. In particular civil actions or proceedings. See Injunction, & 128; Money Received, $ 18. Against foreign corporation, see Corporations, Condemnation proceedings, see Eminent Do
§ 676. main, $ 205. For breach of covenant, see Covenants, 8 122. $ 370. Under Code Civ. Proc. § 2454, the For compensation of broker, see Brokers, $ 86. failure to enter an order dismissing a suppleFor conversion by broker, see Brokers, 8 38. mentary proceeding held a valid objection to For injuries caused by vicious dog, see Animals, a subsequent order for defendant's examination. $ 74.
-Tobias v. Walton (City Ot.) 587. For injuries from operation of street railroad, $ 409. Where B., holding title to the land see Street Railroads, 8 114.
of the judgment debtor as mortgagee, sold the For injuries to passenger, see Carriers, $ 318.
to innocent purchasers for value, the For injuries to servant, see Master and Servant, debtor's receiver in supplementary proceedings $8 278, 279.
was only entitled to recover from B. the differFor libel, see Libel and Slander, $ 112.
ence between his advances and interest and the For wages, see Master and Servant, g 80.
purchase price.---Maples v. O'Brien (Sup.) 175. On bill or note, see Bills and Notes, $ 523. On insurance policy, see Insurance, g 665.
$ 409. A conveyance by a judgment debtor
of certain real estate in which he held an eq8 594. Verdict for defendant held unauthoriz- uitable interest to his receiver in supplementary ed, where plaintiff makes out a case sufficient proceedings held effective to convey such into warrant refusal to dismiss and defendant terest.-Maples v. O'Brien (Sup.) 175. offers no evidence.-Lefkowitz v. City of New York (Sup.) 683.
$ 409. A receiver in supplementary proceed
ings takes only the right of possession of the EXAMINATION.
debtor's realty, and not the title thereto.-Ma
ples v. O'Brien (Sup.) 175. Of adverse party before trial, see Discovery, 88 8 417. Where an order in supplementary pro36-6112.
ceedings had been altered, without being sign
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (8) NUMBER
ed, by another justice, and served after the more cogent than will suffice to maintain a guit
(C) DISPUTED CLAIMS.
Scheetz's Estate (Sur.) 428.
$ 250. Where, in answer to claim of cred.
administrator sets up discharge in bankruptcy,
the Surrogate's Court is without jurisdiction,
under Code Civ. Proc. $ 2722, and must dis.
miss the petition.-In re Peterson's Estate
VII. DISTRIBUTION OF ESTATE.
$ 303. Where there is no evidence of the ex-
to the treasury of the state under Code Cis. Proc.
8 2747.-In re Beaver's Estate (Sur.) 424.
§ 315. Under Code Civ. Proc. $ 2481. hold.
ties as to the law governing distribution.-In
re Schlosser (Sur.) 794.
Suspension of statute during infancy of claim-
ant, see Limitation of Actions, § 72.
solute rejection of a claim against a decedent's
estate as to bring it under the operation of seen
if no action was commenced within that time.
-In re Scheetz's Estate (Sur.) 428.
$ 456. Where the cause of action sued on by
an administratrix accrued after the death of
$ 456. Where plaintiff, suing as administra.
necessary.-Lakin v. Sutton (Sup.) 820.
made parties as impairing obligation of con-
tract, see Constitutional Law, $ 172.
powers of successor, see Judges, $ 32.
§ 473. Where to examine a testamentary
trustee's dealings, to determine whether he is
funds in his hands for services to administra- parties in any action in which questions cos-
nizable in equity would be presented. the par-
ties will be left to the equity court.-In re Me
§ 221. An action for money loaned a dece $ 473. Surrogate's Court held without juris-