Heydecker's Gen. Laws, p. 279, c. 5) § 102, 148 not a partition thereof within section 7, as the only interest acquired by an Indian in the

Liens, see Mechanics' Liens.

Public improvements, see Municipal Corpora- land allotted him is the right of occupancy and tions, §§ 278-516. the ownership of the improvements.-Terrance v. Crowley (Sup.) 417.

IMPUTED NEGLIGENCE.

IMPROVEMENTS.

See Negligence, §§ 95, 96.

INADEQUATE DAMAGES.

See Damages, § 130.

INCOME.

From life estate, see Life Estates, & 15.

INCOMPETENT PERSONS.

See Insane Persons.

INDEMNITY.

See Guaranty; Principal and Surety.
Statute of frauds as affecting agreement to in-
demnify guarantors of debt incurred by an-
other for accommodation of indemnitor, see
Frauds, Statute of, § 21.

§ 1. Defendant's agreement, made to induce plaintiff to buy stock, held only to indemnify plaintiff against loss in buying the stock, and not to repurchase it on demand.-Norris v. Reynolds (Sup.) 106.

§ 11. No recovery can be had on a contract to indemnify and save harmless until actual damage is sustained.-Norris v. Reynolds (Sup.)

106.

§ 11. Plaintiff held not entitled to bring an action against defendant on his guaranty to indemnify plaintiff against loss in purchasing stock until it appeared, after the lapse of a reasonable time, that the stock or the property right attached thereto, had become partially worthless.-Norris v. Reynolds (Sup.) 106.

INDEMNITY INSURANCE.

See Insurance, §§ 430, 513, 665.

INDEPENDENT CONTRACTORS.

See Master and Servant, §§ 318, 322.

INDIANS.

§ 10. Indian Law (1 Heydecker's Gen. Laws, p. 250, c. 5) § 2, authorizing an Indian to take, hold and convey real estate, held to extend only to lands outside of tribal lands.-Terrance v. Crowley (Sup.) 417.

§ 10. Indian lands within reservations held not subject to state laws so long as the Indian title is not extinguished and the Indians maintain their tribal relations.-Terrance v. Crowley (Sup.) 417.

INDICTMENT AND INFORMATION.
Indictment for bookmaking, see Gaming, § 87.
VI. JOINDER OF PARTIES, OFFENSES,
AND COUNTS, DUPLÍCITY,
AND ELECTION.

§ 13. An allotment on the St. Regis reservation to an Indian pursuant to Indian Law (1

$131. Where the grand jury had jurisdiction of a felony charged, its jurisdiction was not affected by the fact that the same acts as constituted a misdemeanor; and, under Coje Cr. Proc. § 279, it could charge the different crimes in different counts of the indictmentPeople v. Foster (Sup.) 530.

VIII. AMENDMENT.

$159. Under Code Cr. Proc. § 293, an indictand omitting to furnish necessary food an ment charging one with abandoning his chi shelter for the child, may be amended as to time. People v. Lewis (Sup.) 893.

§ 160. The court may in its discretion allow an amendment to an indictment as to time either at the opening of the trial, relying on the statement of the district attorney as to what the proof will be, or it may wait until the dis crepancy as to date has been developed by the proof.-People v. Lewis (Sup.) 893.

IX. ISSUES, PROOF, AND VARIANCE.

§ 176. A variance between the indictment and the proof respecting the date on which a crime was committed is immaterial unless time is a necessary ingredient of the offense.-People v. Lewis (Sup.) 893.

INFANTS.

See Parent and Child.

Disability of infancy affecting limitations, see
Limitation of Actions, § 72.

Right of sureties agreeing to pay expenses of
infant to raise defense of infancy, see Prin-
cipal and Surety, § 83.

IV. CONTRACTS.

$$ 52, 57, 58. An infant's note is voidable. and may be affirmed after the infant becomes of age, or repudiated within a reasonable time be fore or after that event.-Darlington v. Hami ton Bank of New York City (Sup.) 678.

§ 58. What constitutes a reasonable time within which an infant must repudiate a contract made during minority depends on the cir cumstances of the case.-Darlington v. Hamil ton Bank of New York City (Sup.) 678.

§ 58. An infant's delay of four months after becoming of age in repudiating a note given during minority held not unreasonable.-Darlington v. Hamilton Bank of New York City (Sup.) 678.

INHERITANCE.

See Descent and Distribution.

INHERITANCE TAX.

See Taxation, §§ 865-900.

INFORMATION.

Criminal accusation, see Indictment and In- Co. v. Brennan (Sup.) 457. formation.

INJUNCTION.

Relief against particular acts or proceedings.
See Nuisance, §§ 23-37.
Mismanagement by corporate officers, see Cor-
porations, § 320.

Revocation of license of picture show, see
Theaters and Shows, § 3.
Suit in another state, see Courts, § 516.
Transfer of assets of insurance company, rights
of policy holders, see Insurance, § 55.

ERAL.

(B) GROUNDS OF RELIEF.

§ 16. Grantors of land reserving a right of action for injuries to the land held not entitled to enjoin a settlement of such right of action by the grantee.-Anderson v. New York & H. R. Co. (Sup.) 954.

(G) PERSONAL RIGHTS AND DUTIES.

§ 101. In an action to enjoin labor lodges and their members from unlawfully picketing plaintiff's factory and for damages, plaintiff held entitled to an injunction and to recover for Jones v. Maher (Sup.) 180. legal services and other expenses incurred.

$ 22. Injunction denied, where the wrong intended to be prevented has already been com mitted.-Red Raven Social Club v. Bingham (Sup.) 709.

II. SUBJECTS OF PROTECTION AND
RELIEF.

(H) CRIMINAL ACTS, CONSPIRACIES, AND PROSECUTIONS.

forcement of the criminal laws, nor prevent an § 105. The court will not restrain the enarrest, even though the party charged with an offense asserts his innocence.-Colby v. Bingham (Sup.) 705.

III. ACTIONS FOR INJUNCTIONS.

§ 109. In an action against a trade union lodge and others to enjoin interference with plaintiff and its business, an answer held not to state a defense.-New York Central Iron Works

§ 128. That defendant street railroads under. took under cover of night to lay tracks held proof that they then supposed they had no lawful right to tear up the street, and believed that they were laying an unauthorized extension.-Village of Waverly v. Waverly, S. & A. Traction Co. (Sup.) 1074.

I. NATURE AND GROUNDS IN GEN- v. Bingham (Sup.) 705.

IV. PRELIMINARY AND INTERLOCU-
TORY INJUNCTIONS.

(A) GROUNDS AND PROCEEDINGS TO PROCURE.

§ 154. On a motion for an injunction to prevent a police commissioner and captain from pursuing a certain course of conduct, defendants claiming that the remedy, if any, was by a criminal prosecution against them for oppression, under Pen. Code, § 556, the injunction was denied, that a test might be made of the adequacy of the suggested remedy, with leave to renew the motion, if such criminal prosecution should fail to afford the desired redress.-Colby

IN PAIS.
Estoppel, see Estoppel, §§ 58-88.

INSANE PERSONS.

II. INQUISITIONS.

Change of venue of trial to determine present sanity of prisoner committed to asylum on acquittal of murder, see Venue, §§ 45, 52.

III. GUARDIANSHIP.

$ 41. Widow, while acting as committee of incompetent husband, held not entitled, on his death, to compensation for personal care during

(A) ACTIONS AND OTHER LEGAL PRO- the last three years of his life.-In re Goff (Sup.) CEEDINGS.

650.

INSOLVENCY.

§ 26. Where a tenant sued to cancel the lease, claiming it was induced by fraud, held, that he was entitled to have an action by the landlord for rent stayed until determination of his action.-Van Riempst v. Weiher (Sup.) 218.

See Bankruptcy.

Of bank, see Banks and Banking, § 73.
Of corporation, see Corporations, § 553.

For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER

INSPECTION.

Of writings, see Discovery, § 84.

INSTRUCTIONS.

In civil actions, see Trial, § 253.

INSURANCE.

Act limiting amount of business which a domes-
tic life insurance company may do as denying
equal protection of laws, see Constitutional
Law, § 240.

I. CONTROL AND REGULATION IN
GENERAL.
Denial of equal protection of laws, see Consti-
tutional Law, § 240.

§ 16. Telegraphic negotiations between de-
fendants in this state and a Massachusetts in-
surance company, preliminary to issuance of a
policy in Massachusetts, held not the transac-
tion of business in this state.-Hammond v. In-
ternational Ry. Co. (Sup.) 854.

§ 17. A foreign insurance company engaged
in business in New York by permission of the
insurance department of the state is, so far as
any litigation is concerned, a citizen of New
York.-Webster v. Columbian Nat. Life Ins. Co.
(Sup.) 404.

II. INSURANCE COMPANIES.
(A) STOCK COMPANIES.

§ 36. Life insurance company held to have
implied power to borrow money to protect its
assets.-Hyde v. Equitable Life Assur. Society
of United States (Sup.) 219.

§ 36.
Whether an investment by an insur-
ance company in the stock of a bank is author-
ized or not can be inquired into by the state
alone.-Hyde v. Equitable Life Assur. Society
of United States (Sup.) 219.

(B) MUTUAL COMPANIES.

855. A policy holder of a domestic stock life
insurance company held not entitled to sue to re-
strain a transfer of the assets of the corpora-
tion to a foreign stock_insurance corporation.
Russell v. Pittsburgh Life & Trust Co. (Sup.)
811.

and agreement to issue the policy and the time
when the first premium is paid and the policy
delivered.-Webster v. Columbian Nat. Life Ins.
Co. (Sup.) 404.

V. THE CONTRACT IN GENERAL.
Constitutional right to make contract, see Con-
stitutional Law, § 89.

(A) NATURE, REQUISITES, AND

(B) CONSTRUCTION AND OPERATION.

146. Insured's answers in his application
to questions therein which were framed by the
company will be construed most favorably to
insured.-Diamond v. Metropolitan Life Ins. Co.
(Sup.) 617.

§ 156. A contract for life insurance involves
the risk which terminates on the death of in-
sured, and the obligation to pay in accordance
with the policy then becomes a liquidated deat
-McDonnell v. Mutual Life Ins. Co. of New
York (Sup.) 35.

§ 164. A fire policy covering merchandise the
property of the assured, or held by them in trust
which assured were bailees for hire.-Utica Can-
or on commission, held to cover goods as to
ning Co. v. Home Ins. Co. (Sup.) 934.

§ 175. An insurance policy held a Massachu-
setts contract.-Hammond v. International Ry.
Co. (Sup.) 854.

VI. PREMIUMS, DUES, AND ASSESS-
MENTS.

Avoidance of note given to insurance agent for
breach of condition, see Bills and Notes, }
132.

IX. AVOIDANCE OF POLICY FOR MIS-
REPRESENTATION, FRAUD, OR
BREACH OF WARRANTY OR
CONDITION.

(C) MATTERS RELATING TO PERSON
INSURED.

§ 291. Reference to previous application in
$ 36. Insurance company held estopped from application for insurance in another company
setting up that its promise to indemnify guar-construed.-Fletcher v. Bankers Life Ins. Co.
antors of an indebtedness incurred by another of City of New York (Sup.) 1105.
for its accommodation was ultra vires.-Hyde
v. Equitable Life Assur. Society of United
States (Sup.) 219.

Information obtained by examining physicians
as privileged communication, see Witnesses, }
209.

§ 291. Statement on examination of appli
cant for life insurance that statements made in
prior examination for another policy still held
good held not a warranty that would avoid the
policy because of illness subsequent to the first
application.-Fletcher v. Bankers Life Ins. Co.
of City of New York (Sup.) 1105.

§ 292. In an action on a life policy, insured's
statement in his application that he had not
been treated in a dispensary, when he had in
fact been treated in a dispensary for an L-
known disease a year before, held not a breach
of warranty under the circumstances, so as to
avoid the policy.-Diamond v. Metropolitan Life
Ins. Co. (Sup.) 617.

XI. ESTOPPEL, WAIVER, OR AGREE-
MENTS AFFECTING RIGHT TO
AVOID OR FORFEIT POLICY.

VALIDITY.

§ 137. A stipulation in a life policy held to
refer to the health of insured during the period
intervening between the acceptance of the risk

§ 377. A life insurance company, having
knowledge that applicant had been previously

rejected by another company, cannot rely upon | its nondelivery.-Schmerler v. Barasch (Sup.)
a breach of warranty in that respect.-Lynch v.
Germania Life Ins. Co. (Sup.) 998.

624.

XII. RISKS AND CAUSES OF LOSS.
(C) GUARANTY AND INDEMNITY
INSURANCE.

430. A surety company contracting to make
good for the amount embezzled by a salesman is
bound to make good amounts embezzled by the
salesman which were collected for goods sold by
him or to his customers, but not the amount of
goods stolen by him.-Granger v. Empire State
Surety Co. (Sup.) 973.

XIII. EXTENT OF LOSS AND LIA-
BILITY OF INSURER.

(C) GUARANTY AND INDEMNITY
INSURANCE.

513. Where insured in a liability policy in-
demnifying him against damages recovered for
injuries owing to his negligence successfully de-
fended an injury action, he could not recover
expenses of litigation from insured.-Creem v.
Fidelity & Casualty Co. of New York (Sup.)
1042.

(D) LIFE INSURANCE.

§ 521. A life policy construed, and held not
entitled to any distributive share of the surplus.
-McDonnell v. Mutual Life Ins. Co. of New
York (Sup.) 35.

XVI. RIGHT TO PROCEEDS.

$590. Where a third person, at the request
of insured and the beneficiary, pays the premi-
ums on life insurance, such payments
chargeable on the policy and the proceeds there-
of.-Morgan v. Mutual Benefit Life Ins. Co.
(Sup.) 989.

are

XVII. PAYMENT OR DISCHARGE,
CONTRIBUTION, AND SUB-

XVIII ACTIONS ON POLICIES.

Information obtained by examining physicians
as privileged communication, see Witnesses, §
209.
Transitory nature of action, see Courts, § 7.

645. In an action on a contractor's liabili-
ty policy, held, that a certain allegation was not
sufficient to admit proof of waiver or estoppel
precluding insurer from defending on the ground
that the action was barred under limitations pre-
scribed by the policy.-Creem v. Fidelity & Cas-
ualty Co. of New York (Sup.) 1042.

§ 624. Where plaintiff insured a watch, which
he was sending to his father in Europe, it may
be inferred that he intended to retain title until
it was safely delivered to his father, nothing ap-
pearing to the contrary, so that plaintiff was the
proper party to sue for the insurance money for

For cases in Dec. Dig. & Amer. Digs. 1907 to date

§ 648. In an action on a life policy, an ap-
plication to another company, tending to contra-
dict applicant's statement as to not having con-
sulted a physician, should have been received.-
Lynch v. Germania Life Ins. Co. (Sup.) 998.

$665. The evidence held insufficient to au-
thorize recovery on a burglary insurance_poli-
cy.-Gordon v. Etna Indemnity Co. of Hart-
ford, Conn. (Sup.) 558.

§ 665. The company held not entitled to avoid
payment of a life policy on the ground of
breach of warranty of soundness of health and
freedom from consumption.-Diamond v. Met-
ropolitan Life Ins. Co. (Sup.) 617.

ROGATION.

§ 719. An amendment to the by-laws of a
Mistake as ground for rescission of release, see benefit society, depriving female members of
Release, 16.

their prior right to sick benefits, held not bind-
ing upon a member who did not consent to it.-
Feldblum v. Congregation Bikur Cholim of
Brooklyn, E. D. (Sup.) 289.

§ 665. In an action on a liability policy, evi-
dence held insufficient to show that the broker
through whom the policy was secured was an
agent of insurer.-Creem v. Fidelity & Casualty
Co. of New York (Sup.) 1042.

§ 668. Whether the examining physician cor-
rectly wrote applicant's answer to questions
held, in an action on the policy, for the jury.-
Lynch v. Germania Ins. Co. (Sup.) 998.

§ 668. In an action on a liability policy,
held, that there was no breach of warranty as
Co. of New York (Sup.) 1042.
a matter of law. Creem v. Fidelity & Casualty

XX. MUTUAL BENEFIT INSURANCE.

(B) THE CONTRACT IN GENERAL.
Impairing obligation of contracts, see Constitu-
tional Law, § 154.

INTENT.

Criminal, see Criminal Law, § 42.

INTEREST.

Effect as to credibility of witness, see Witness-

es, §§ 372, 374.

On award in condemnation proceedings, see Em-
inent Domain, § 247.

I. RIGHTS AND LIABILITIES IN
GENERAL.

§ 1. Where interest is not provided for by
statute or by contract, the right thereto must
arise from a default of the adverse party.-In re
Board of Water Com'rs of Village of White
Plains (Sup.) 495.

& Indexes see same topic & section (§) NUMBER

JOINDER.

§ 143. Plaintiff, whose case was twice dismissed for his failure to appear for trial, held not entitled to have a default, entered upon the

Of causes of action, see Action, § 47.

Of offenses in indictment, see Indictment and second dismissal, vacated under Code Civ. Proc. Information, § 131. § 724, authorizing relief against a judgment