injury alleged to have been inflicted upon the estate by joining in the purchase of a portion of testator's real estate. In re McInerney (Sur.) 1039. (C) CHARGES AND CREDITS. 475. On the settlement of the accounts of an executrix, proceeds of real estate of testator not sold by her as executrix should not be charged against her.-In re Sergant's Estate (Sur.) 273. § 481. Executors held entitled to credit for sum paid in settlement of a claim against the estate. In re Baruth (Sur.) 1125. (E) STATING, SETTLING, OPENING, AND REVIEW. Conclusiveness of judgment in other action of fered as evidence in suit for accounting, see Judgment, § 652. Stay of proceedings, see Action, § 69. § 504. On the hearing in proceedings for the settlement of the account of a temporary administrator, certain objections held withdrawn.In re Grant (Sup.) 1152. § 506. In the matter of the settlement of an estate, evidence of certain of the heirs as to transactions which would increase the amount of the estate and surcharge the executrix hold so improbable and inconsistent as to compel finding for the executrix.-In re Sergant's Estate (Sur.) 273. 1. NATURE AND EXTENT. (A) NATURE, CREATION, DURATION, AND EFFECT IN GENERAL. § 8. Laws 1908, p. 433, c. 148, amending Code Civ. Proc. 1391, so as to authorize an execution against the wages or salary of the judgment debtor where they amount to $12 a week or more, was not retroactive, and had no application to a judgment recovered before September 1, 1908, when it took effect.-Kelly v. Mulcahy (Sup.) 61. § 8. Allowing an order for execution against 10 per cent. of the judgment debtor's salary on a judgment obtained prior to amendment of Code Civ. Proc. § 1391, by Laws 1908, p. 433, c. 148, held error, where it does not appear the judgment was for a necessary, as required by the Code prior to amendment.-Laird v. Car ton (Sup.) 851. (D) LIABILITIES ENFORCEABLE AGAINST EXEMPT PROPERTY. § 68. A judgment for damages caused by negligence is not one recovered for "necessaries," within Code Civ. Proc. § 1391, authorizing an order for execution against the wages or salary of the judgment debtor, when thre judgment was obtained wholly for necessaries furnished.-Kelly v. Mulcahy (Sup.) 61. EXPERT TESTIMONY. $507. On the settlement of an executor's In civil actions, see Evidence, § 536. account in the Surrogate Court, that court has no jurisdiction to determine whether legacies are chargeable on the residuary real estate.In re Taber (Sup.) 960; Taber v. Taber, Id. § 513. A decision in a proceeding to settle the accounts of an executrix held res judicata in a subsequent accounting between the same parties as to whether amounts received from copyrights were income or capital.-In re Perkin's Estate (Sup.) 147. § 513. An administratrix held to have no title to funds in the hands of her attorney on which he claimed a lien.-In re Mahar (Sup.) 1068. XIII. LIABILITIES ON ADMINISTRATION BONDS. See Threats. EXTORTION. FACTORS. See Brokers; Principal and Agent. FALSE IMPRISONMENT. Effect of discharge in bankruptcy on liability for, see Bankruptcy, § 424. FEDERAL COURTS. Conflicting jurisdiction of courts of bankruptcy and state courts, see Bankruptcy, § 20. FEES. Act requiring administrator's sureties to be made § 172. § 535. Under Code Civ. Proc. § 2728, a decree of the surrogate against the sureties on FELLOW SERVANTS. an administrator's bond is not binding on the See Master and Servant, §§ 182, 201. EXEMPTIONS. From assessments for municipal improvements, see Municipal Corporations, § 434. From taxation, see Taxation, § 876. FELONY. For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER FINES. 12. Under Code Cr. Proc. § 718, where a fine of $50 is imposed, a provision for impris onment on default for 100 days is in excess of the punishment prescribed.-People v. Jeratino (Co. Ct.) 1121. FIRE INSURANCE. See Insurance, § 164. FOLLOWING TRUST PROPERTY. See Trusts, § 354. FOOD. 2. A regulation of a city health department, requiring milk peddlers to provide a special room for storing milk and for cleansing utensils, held а reasonable one.-People v. Owen (Sup.) 502. FOOTBALL. Liability for injuries to spectators at football game by collapse of bleachers, see Landlord and Tenant, § 165. FORECLOSURE. Of lien, see Mechanics' Liens, §§ 246-303. FOREIGN CORPORATIONS. See Corporations, §§ 642, 676. Foreign insurance companies, see Insurance, § 17. FOREIGN COURTS. See Courts, § 516. FOREIGN JUDGMENTS. See Judgment, §§ 818, 822. FORGERY. In particular classes of conveyances, contracts, transactions, or proceedings. See Fraudulent Conveyances. Lease, see Landlord and Tenant, § 48. 1. Fraud by false representations defined.Scarsdale Pub. Co.-The Colonial Press v. Carter (Sup.) 731. § 3. Elements necessary to maintain an aetion for fraud determined.-Mussiller v. Rice (City Ct.) 1028. prospective tenant that the basement of the § 11. Misrepresentation by a landlord to a fact, and not a statement of opinion.-Blumenpremises was dry held a misrepresentation of feld v. Wagner (Sup.) 500. § 12. Evidence in an action against vendors of realty for falsely representing to the purchaser that the property was leased at a certain rental held to require reversal of a judgment for plaintiff.-Ettlinger v. Weil (Sup.) 328. § 12. Representations made by the agent of a vendor to a prospective purchaser held material representations of facts on which the purchaser could rely.-Sicklick v. Interurban Home Co. (Sup.) 553. § 28. A complaint held to state a cause of action for fraud.-Mussiller v. Rice (City Ct.) 1028. II. ACTIONS. (B) PARTIES AND PLEADING. Pleading matters of evidence, see Pleading. § 11 § 39. In an action against stockholders of a corporation for fraudulent representations in inducing plaintiff to purchase stock, the corporation need not be made a defendant, even if the complaint showed a cause of action against it as well as the stockholders.-Harlow v. Hain es (Sup.) 449. § 39. Allegations of misrepresentation by Liabilities between banks as to forged checks, stockholders as to the corporate assets, in order see Banks and Banking, § 149. FORMER ADJUDICATION. See Judgment, §§ 570-630, 707. FORMS OF ACTION. See Ejectment; Replevin; Trespass, FRANCHISES. Taxation of, see Taxation, § 376. FRAUD. to induce plaintiff to buy stock, held not to state a cause of action against the corporation, so as to render the complaint defective for not making it a defendant.-Harlow v. Haines (Sup.) 449. § 44. In an action against stockholders for false representations made to induce plaintif to buy stock, in reliance on which he purchas46; ed the stock and made advancements to the corporation, etc., that the advancements to the corporation were not sufficiently pleaded did not affect the right of action for deceit.-Harlow v. Haines (Sup.) 449. Parol evidence as to fraud in contract, see Evidence, § 434. § 47. In an action for fraud in inducing plaintiffs to permit defendant to foreclose a mortgage on corporate assets, etc., complaint held insufficient as not showing that plaintiff was injured by defendant's fraudulent conduct. -Rowell v. Haines (Sup.) 446. (C) EVIDENCE. § 58. The value of the assets of a corporation is evidence of the value of its stock, and largely constitutes its value, so that, where the assets of a corporation were not of the value they were fraudulently represented to be to induce another to buy stock, its stock was necessarily worth less than it would be if the assets were of the value represented.-Harlow v. Haines (Sup.) 449. (D) DAMAGES. § 59. In an action for inducing plaintiff to buy stock by false representations, the question is whether the stock was worth as much as it would have been had the representations been true, and not whether it was worth more or less than plaintiff paid for it.-Harlow v. Haines (Sup.) 449. FRAUDS, STATUTE OF. III. PROMISES TO ANSWER FOR DEBT, DEFAULT OR MISCARRIAGE OF ANOTHER. § 21. An agreement of indemnity held not within the statute of frauds, and not required to be in writing.-Hyde v. Equitable Life Assur. Society of United States (Sup.) 219. § 26. That a merchant, delivering goods to one person on the promise of another to pay for them, charged the goods directly to the latter, is not conclusive as to the liability of the latter. Shay v. Cruxton (Co. Ct.) 1123. § 26. Where it is sought to charge one person with the value of goods delivered to another, it must be shown that the sole credit was given to the person sought to be charged.--Shay v. Cruxton (Co. Ct.) 1123. § 26. A promise held one to pay the debt of another, and void under the statute of frauds.Shay v. Cruxton (Co. Ct.) 1123. VI. REAL PROPERTY AND ESTATES AND INTERESTS THEREIN. VIII. REQUISITES AND SUFFICIENCY OF WRITING. § 118. Under a rule stated, a writing respecting a contract to sell goods held insufficient under the statute of frauds.-Waxelbaum v. Schloss (Sup.) 42. IX. OPERATION AND EFFECT OF STATUTE. $ 129. Part payment of the purchase price and possession under oral contract for purchase of land held not sufficient to take the contract out of the statute of frauds, without improvements.-Friedman v. Ender (Sup.) 461. § 139. A deed, executed and delivered pursuant to an oral contract for the purchase of land, ratifies and validates the oral contract.Friedman v. Ender (Sup.) 461. FRAUDULENT CONVEYANCES. By bankrupt, see Bankruptcy, § 198. II. RIGHTS AND LIABILITIES OF PARTIES AND PURCHASERS. (A) ORIGINAL PARTIES. § 174. In view of testator's fraud in conveying property to defendant to evade paying a judgment against him, and of his executor's fraud in inducing defendant to convey the property to him individually, held, that equity would not give to the executor individually, as against defendant, the surplus arising on sale of the property in foreclosure.-Greason v. Holcomb (Sup.) 336. (B) PROSECUTION AND PUNISHMENT. § 87. Under Code Cr. Proc. § 742, an information held insufficient to charge a violation of Pen. Code, § 351, making it a misdemeanor to engage in bookmaking.-People v. Langan (Sup.) 718, 720. GARNISHMENT. See Attachment. § 63. Real Property Law (Laws 1896, p. 592, c. 547) § 207, requiring a surrender of a lease for more than one year to be in writing, held not to apply where there is an actual surrender and acceptance.-Baldwin v. Cohen (Sup.) 510. § 74. A contract held one for the sale and purchase of real estate, so that it must be sign- Noxious gases as nuisance, see Nuisance, 35. ed by the party to be charged.-Scarsdale Pub. Co.-The Colonial Press v. Carter (Sup.) 731. VII. SALES OF GOODS. (A) CONTRACTS WITHIN STATUTE. $ 81. A contract for a sale of goods held void under the statute of frauds (Personal Property Law [Laws 1897, p. 510, c. 417] § 21).— Waxelbaum v. Schloss (Sup.) 42. $84. A writing held not even an account of goods sold, as affecting its validity within the statute of frauds.-Waxelbaum v. Schloss (Sup.) 42. GAS. GIFTS. Charitable gifts, see Charities. Of purchaser, see Sales, § 244. GRAND JURY. See Indictment and Information. For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER GRANTS. II. JURISDICTION, PROCEEDINGS, RELIEF. Of land under navigable water, see Navigable Duty of district attorney to defend commitment Waters, 37. Of public lands, see Public Lands. GUARANTY. See Indemnity; Principal and Surety. Agreement by corporation to indemnify guarantors of debt incurred by another for accommodation of corporation, see Corporations, § 316. Requirements of statute of frauds, see Frauds, Statute of, §§ 21-26. II. CONSTRUCTION AND OPERATION. 843. A contract of guaranty construed.Cross, Austin & Ireland Lumber Co. v. Goodwin (Sup.) 315. IV. REMEDIES OF CREDITORS. Amendment setting up new order for cause of action, see Pleading, § 248. Motion for judgment on pleading, see Pleading, $ 350. V. RIGHTS AND REMEDIES OF to asylum, see District and Prosecuting Attorneys, § 7. § 85. The court, on habeas corpus to deter mine the present sanity of a person committed to the State Lunatic Asylum on his acquittal of murder on the ground of insanity, will assume that the verdict of insanity declared the truth.-People v. Chanler (Sup.) 62. HARMLESS ERROR. In civil actions, see Appeal, §§ 1050-1062. See Food. HEALTH. I. BOARDS OF HEALTH AND SANI- § 99. Under the circumstances, held, that of United States (Sup.) 219. $ 100. A person for whose accommodation an indebtedness has been guaranteed will be held to have impliedly agreed to indemnify the guarantors.-Hyde v. Equitable Life Assur. Society of United States (Sup.) 219. GUARANTY INSURANCE. See Insurance, §§ 430, 513. GUARDIAN AD LITEM. Of infant, see Infants, §§ 83, 84. GUARDIAN AND WARD. II. REGULATIONS AND OFFENSES. § 32. Tenement House Act (Laws 1901, p. 900, c. 334) § 40, as amended by Laws 1903, p. 406, c. 179, § 25, prohibiting the using of a tenement house for storing any combustible article, etc., or for keeping or storing feed, feathers, rags, etc., must be strictly construed.-People v. Friedman (Sup.) 538. $34. Under Greater New York Charter (Laws 1901, pp. 522, 523, c. 466) §§ 1237, 1240, 1241. relating to report and registry of names of children born, held, that it was the duty of the commissioner of health, where a name other than the true name of an infant was returned by a physician, to correct the record; the act of the parents in choosing a name different from the ones reported not being a change of names, necessitating procedure under Code Civ. Proc. $8 2410-2415.-People v. Department of Health of City of New York (Sup.) 66. Guardianship of insane persons, see Insane Per- tailor, of a quart of gasoline for cleaning sons, 41. HABEAS CORPUS. I. NATURE AND GROUNDS OF REMEDY. 37. The keeping in a tenement house, by a clothes, held not to violate Tenement House Act (Laws 1901, p. 900, c. 334) § 40, as amended by Laws 1903, p. 406, c. 179, § 25, prohibiting the keeping of any combustible article, etc., in a tenement house.-People v. Friedman (Sup) 538. HEARSAY. 17. The authority of a prison keeper for holding a convict is the certified copy of the entry of the judgment of conviction.-People v. In civil actions, see Evidence, §§ 317, 318 Foster (Sup.) 530. § 22. Habeas corpus will not lie to review the final determination of a court of general jurisdiction. People v. Frost (Sup.) 946. HEIRS. See Descent and Distribution. HIGHWAYS. release by the owner of the land or an assess- See Municipal Corporations, §§ 657, 705, 777- the legal estate. In re Riddell (Co. Ct.) 261. I. ESTABLISHMENT, ALTERATION, (B) ESTABLISHMENT BY STATUTE OR V. REGULATION AND USE FOR TRAVEL. (B) USE OF HIGHWAY AND LAW OF 184. Where plaintiff's automobile ran into Costs on appeal from interlocutory order over- § 28. Highway Law (Laws 1890, p. 1193, § 28. Petitioner in proceedings to establish § 28. In proceedings to establish a high- § 58. On vacating, on appeal, proceedings § 77. An order of the highway commissioners § 77. An order discontinuing a highway use- III. CONSTRUCTION, IMPROVEMENT, 115. The word "owner," in 1 Rev. St. (1st For cases in Dec. Dig. & Amer. Digs. 1907 to date HOLDING COMPANIES. Taxation of corporate stock in hands of holding HOSPITALS. As nuisances, see Nuisance, § 3. HUSBAND AND WIFE. See Curtesy; Divorce; Dower; Marriage. VI. ACTIONS. Husband as party to action to recover bank de- ICE. On streets and sidewalks, liability of abutting IMPAIRING OBLIGATION OF CON- See Constitutional Law, §§ 154, 172. IMPEACHMENT. Of record, see Appeal, § 662. IMPLIED CONTRACTS. See Money Lent; Money Received; Use and See Arrest. IMPRISONMENT. Habeas corpus, see Habeas Corpus. |