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Heydecker's Gen. Laws, p. 279, c. 5) $ 102. hi"?

not a partition thereof within section 7. 2: Liens, see Mechanics' Liens.

the only interest acquired by an Indian in : Public improvements, see Municipal Corpora- land allotted him is the right of occupaney aci tions, 88° 278-516.

the ownership of the improvements.-Terr.L.

v. Crowley (Sup.) 417. IMPUTED NEGLIGENCE

INDICTMENT AND INFORMATION. See Negligence, 88 95, 96.

Indictment for bookmaking, see Gaming, $ 87. INADEQUATE DAMAGES.




$ 131. Where the grand jury had jurisdictia From life estate, see Life Estates, & 15.

of a felony charged, its jurisdiction was

affected by the fact that the same acts as INCOMPETENT PERSONS.

constituted a misdemeanor; and, under »

Cr. Proc. $ 279, it could charge the differtat See Insane Persons.

crimes in different counts of the indictment

People v. Foster (Sup.) 530.

See Guaranty ; Principal and Surety.

$ 159. Under Code Cr. Proc. $ 293, an indict. Statute of frauds as affecting agreement to in- ment charging one with abandoning his cuir demnify guarantors of debt incurred by an- shelter for the child, may be amended as to live

and omitting to furnish necessary food an. other for accommodation of indemnitor, see People v. Lewis (Sup.) 893. Frauds, Statute of, $ 21.

$ 160. The court may in its discretion allow § 1. Defendant's agreement, made to induce an amendment to an indictment as to time i plaintiff to buy stock, held only to indemnify ther at the opening of the trial, relying on the plaintiff against loss in buying the stock, and statement of the district attorney as to #s: not to repurchase it on demand.-Norris v. Rey, the proof will be, or it may wait until the c* nolds (Sup.) 106.

crepancy as to date has been developed by the $ 11. No recovery can be had on a contract proof.- People v. Lewis (Sup.) 893. to indemnify and save harmless until actual damage is sustained.-Norris v. Reynolds (Sup.) IX. ISSUES, PROOF, AND VARIANCE 106.

$ 176. A variance between the indictment § 11. Plaintiff held not entitled to bring an and the proof respecting the date on which : action against defendant on his guaranty to in- crime was committed is immaterial unless tice demnify plaintiff against loss in purchasing is a necessary ingredient of the offense.-People stock until it appeared, after the lapse of a rea- v. Lewis (Sup.) 893. sonable time, that the stock or the property right attached thereto, had become partially worthless.-Norris v. Reynolds (Sup.) 106.


See Parent and Child.

Disability of infancy affecting limitations, see See Insurance, 88 430, 513, 665.

Limitation of Actions, & 72.

Right of sureties agreeing to pay expenses of INDEPENDENT CONTRACTORS.

infant to raise defense of infancy, see Prie

cipal and Surety, $ 83. See Master and Servant, 88 318, 322.


$8 52, 57, 58. An infant's note is voidable.

and may be affirmed after the infant becomes of § 10. Indian Law (1 Heydecker's Gen. Laws, age, or repudiated within a reasonable time be p. 250, c. 5) $ 2, authorizing an Indian to take, fore or after that event.-Darlington v. Hami: hold and convey real estate, held to extend on ton Bank of New York City (Sup.) 678. ly to lands outside of tribal lands.-Terrance

8 58. What constitutes a reasonable time v. Crowley (Sup.) 417.

within which an infant must repudiate a con$ 10. Indian lands within reservations held tract made during minority depends on the cir. not subject to state laws so long as the Indian cumstances of the case.-Darlington F. Hamiititle is not extinguished and the Indians main ton Bank of New York City (Sup.) 678. tain their tribal relations.-Terrance v. Crow

& 58. An infant's delay of four months after ley (Sup.) 417.

becoming of age in repudiating a note giren dur. § 13. An allotrrent on the St. Regis reserva- ing minority held not unreasonable.-Darlington tion to an Indian pursuant to Indian Law (1 v. Hamilton Bank of New York City (Sup.)


(G) PERSONAL RIGHTS AND DUTIES. $ 83. A guardian ad litem cannot be allow 8 101. In an action to enjoin labor lodges ed compensation beyond the taxable costs, in- and their members from unlawfully picketing cluding additional allowances authorized by plaintiff's factory and for damages, plaintiff statute.-Walbridge v. Walbridge (Sup.) 239. held entitled to an injunction and to recover for $ 84. A guardian ad litem cannot make any Jones v. Maher (Sup.) 180.

legal services and other expenses incurred.contract which would dispose of or create a lien upon the infant's cause of action or the pro

(H) CRIMINAL ACTS. CONSPIRACIES, ceeds thereof without the court's approval, so

AND PROSECUTIONS. that an agreement by a guardian ad litem without the court's approval to pay the attorney forcement of the criminal laws, nor prevent an

$ 105. The court will not restrain the enprosecuting the action a percentage of the recovery was illegal.-In re Hart (Sup.) 193.

arrest, even though the party charged with an offense asserts his innocence.-Colby v. Bingham


III. ACTIONS FOR INJUNCTIONS. See Courts, 88 188–190.

§ 109. In an action against a trade union

lodge and others to enjoin interference with INFORMATION.

plaintiff and its business, an answer held not to

state a defense.-New York Oentral Iron Works Criminal accusation, see Indictment and In-Co. v. Brennan (Sup.) 457. formation.

8 128. That defendant street railroads under:

took under cover of night to lay tracks held INHERITANCE.

proof that they then supposed they had no law

ful right to tear up the street, and believed See Descent and Distribution.

that they were laying an unauthorized exten

sion.-Village of Waverly v. Waverly, S. & A. INHERITANCE TAX.

Traction Co. (Sup.) 1074. See Taxation, 88 865-900.




PROCURE. Relief against particular acts or proceedings. 8 154. On a motion for an injunction to preSee Nuisance, 88 23–37.

vent a police commissioner and captain from Mismanagement by corporate officers, see Cor- pursuing a certain course of conduct, defendporations, $ 320.

ants claiming that the remedy, if any, was by a Revocation of license of picture show, see sion, under Pen. Code, $ 556, the injunction was

criminal prosecution against them for oppresTheaters and Shows, $ 3. Suit in another state, see Courts, 8 516.

denied, that a test might be made of the adeTransfer of assets of insurance company, rights quacy of the suggested remedy, with leave to of policy holders, see Insurance, 8 55.

renew the motion, if such criminal prosecution

should fail to afford the desired redress.-Colby I. NATURE AND GROUNDS IN GEN

v. Bingham (Sup.) 705. ERAL.


Estoppel, see Estoppel, 88 58-88. & 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

INSANE PERSONS. by the grantee.- Anderson v. New York & H. R. Co. (Sup.) 954.

II. INQUISITIONS. Injunction denied, where the wrong in- Change of venue of trial to determine present tended to be prevented has already been cont

sanity of prisoner committed to asylum on acmitted.-Red Raven Social Club v. Bingham

quittal of murder, see Venue, $$ 45, 52. (Sup.) 709.

III. GUARDIANSHIP. II. SUBJECTS OF PROTECTION AND $ 41. Widow, while acting as committee of RELIEF.

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. $26. Where a tenant sued to cancel the

INSOLVENCY. lease, claiming it was induced by fraud, held, that he was entitled to have an action by the See Bankruptcy. landlord for rent stayed until determination of Of bank, see Banks and Banking, $ 73. his action.-Van Riempst v. Weiher (Sup.) 218. l Of corporation, see Corporations, $ 553.

For cases in Dec. Dig. & Amer, Digs. 1907 to date & Indexes see same topic & section (8) NUMBER

$ 22.

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and agreement to issue the policy and the tirs

when the first premium is paid and the piny
Of writings, see Discovery, Š 84.

delivered.-Webster y. Columbian Nat. Life is

Co. (Sup.) 404.

In civil actions, see Trial, $ 253.

$ 146. Insured's answers in his applica...

to questions therein which were framed by the

company will be construed most favorably to
Act limiting amount of business which a domes-

insured. - Diamond v. Metropolitan Life Ins. Co.
tic life insurance company may do as denying

(Sup.) 617.
equal protection of laws, see Constitutional

8 156. A contract for life insurance involves
Law, $ 240.

the risk which terminates on the death of in-

sured, and the obligation to pay in accordance
1. CONTROL AND REGULATION IN with the policy then becomes a liquidated debu

-McDonnell v. Mutual Life Ins. Co. of Ver
Denial of equal protection of laws, see Consti- | York (Sup.) 35.
tutional Law, $ 240.

§ 164. A fire policy covering merchandise the
8 16. Telegraphic negotiations between de property of the assured, or held by them in tris
fendants in this state and a Massachusetts in which assured were bailees for hire. I tica Can-

or on commission, held to cover goods as to
surance company, preliminary to issuance of a ning Co. v. Home Ins. Co. (Sup.) 934.
policy in Massachusetts, held not the transac-
tion of business in this state.-Hammond v. In $ 175. An insurance policy held a Massach
ternational Ry. Co. (Sup.) 854.

setts contract.-Hammond v. International Ky.
§ 17. A foreign insurance company engaged

Co. (Sup.) 854.
in business in New York by permission of the VI. PREMIUMS, DUES, AND ASSESS-
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. Apoidance of note given to insurance agent for
(Sup.) 404.

breach of condition, see Bills and lotes, $



§ 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- Information obtained by examining phrs.cias
ance company in the stock of a bank is author-
ized or not can be inquired into by the state

as privileged communication, see Witnesses, I

alone.-Hyde v. Equitable Life Assur. Society
of United States (Sup.) 219.

$ 291. Reference to previous application in
§ 36. Insurance company held estopped from application for insurance in another company
setting up that its promise to indemnity guar- construed.-Fletcher v. Bankers' Life Ins. Cå.
antors of an indebtedness incurred by another of City of New York (Sup.) 1105.
for its accommodation was ultra vires.-Hyde $ 291. Statement on examination of app!
v. Equitable Life Assur. Society of United cant for life insurance that statements made in
States (Sup.) 219.

prior examination for another policy still beld

good held not a warranty that would avoid the

policy because of illness subsequent to the int
$ 55. A policy holder of a domestic stock life application.-Fletcher v. Bankers' Life Ins. lo.
insurance company held not entitled to sue to re-

of City of New York (Sup.) 1105.
strain a transfer of the assets of the corpora $ 292. In an action on a life policy, insured's
tion to a foreign stock insurance corporation. - statement in his application that he had Dui
Russell v. Pittsburgh Life & Trust Co. (Sup.) been treated in a dispensary, when he Lad in

fact been treated in a dispensary for an

known disease a year before, held not a breach

of warranty under the circumstances, so as to
Constitutional right to make contract, see Con- avoid the policy.-Diamond v. Metropolitan Life
stitutional Law, $ 89.

Ins. Co. (Sup.) 617.

$ 137. A stipulation in a life policy held to

refer to the health of insured during the period $ 377. A life insurance company, haviar
intervening between the acceptance of the risk 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. 624.
Germania Life Ins. Co. (Sup.) 998.

§ 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 tbe ground

that the action was barred under limitations pre-
$ 430. A surety company contracting to make scribed by the policy.-Creem v. Fidelity & Cas-
good for the amount embezzled by a salesman is ualty Co. of New York (Sup.) 1042.
bound to make good amounts embezzled by the

8 648. In an action on a life policy, an ap-
salesman which were collected for goods sold by plication to another company, tending to contra-
him or to his customers, but not the amount of dict applicant's statement as to not having con-
goods stolen by him.-Granger v. Empire State sulted a physician, should have been received. --
Surety Co. (Sup.) 973.

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. Ætna Indemnity Co. of Hart-

ford, Conn. (Sup.) 558.

$ 665. The company held not entitled to avoid
$ 513. Where insured in a liability policy in payment of a life policy on the ground of
demnifying him against damages recovered for breach of warranty of soundness of health and
injuries owing to his negligence successfully de- freedom from consumption.- Diamond v. Met-
fended an injury action, he could not recover ropolitan Life Ins. Co. (Sup.) 617.
expenses of litigation from insured. Creem v. § 665. In an action on a liability policy, evi-
Fidelity & Casualty Co. of New York (Sup.)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.
§ 521. A life policy construed, and held not
entitled to any distributive share of the surplus.

§ 668. Whether the examining physician cor-
-McDonnell v. Mutual Life Ins. Co. of New rectly, wrote applicant's answer to questions
York (Sup.) 35.

held, in an action on the policy, for the jury.-

Lynch v. Germania Life Ins. Co. (Sup.) 998.

$ 668. In an action on a liability policy,
$ 590. Where a third person, at the request a matter of law. Creem v. Fidelity & Casualty

held, that there was no breach of warranty as
of insured and the beneficiary, pays the premi- | Co. of New York (Sup.) 1042.

life insurance, such payments are
chargeable on the policy and the proceeds there-
of.—Morgan v. Mutual Benefit Life Ins. Co. XX. MUTUAL BENEFIT INSURANCE.
(Sup.) 999.

XVII. PAYMENT OR DISCHARGE, Impairing obligation of contracts, see Constitu-

tional Law, $ 154.

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

their prior right to sick benefits, held not bind-

ing upon a member who did not consent to it.-
XVIIL ACTIONS ON POLICIES. Feldblum v. Congregation Bikur Cholim of
Information obtained by examining physicians

Brooklyn, E. D. (Sup.) 289.
as privileged communication, see Witnesses, &

Transitory nature of action, see Courts, $ 7. Criminal, see Criminal Law, $ 42.

§ 622. An action on a liability policy issued
to a building contractor hold barred under the

terms of the policy.-Creem v: Fidelity & Cas- Effect as to credibility of witness, see Witness-
ualty Co. of New York (Sup.) 1042.

es, $$ 372, 374.
8 622. Under Code Civ. Proc. § 414, a lia- On award in condemnation proceedings, see Em-
bility policy may prescribe a shorter limitation inent Domain, Š 247.
than that provided by statute.-Creem v. Fideli-
ty & Casualty Co. of New York (Sup.) 1042. I. RIGHTS AND LIABILITIES IN
$ 624. Where plaintiff insured a watch, which

he was sending to his father in Europe, it may § 1. Where interest is not provided for by
be inferred that he intended to retain title until statute or by contract, the right thereto must
it was safely delivered to his father, nothing ap- arise from a default of the adverse party.-In re
pearing to the contrary, so that plaintiff was the Board of Water Com’rs of Village of White
proper party to sue for the insurance money for ! Plains (Sup.) 495.

For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (3) NUMBER




JUDGES. See Injunction, $ 154.

See Courts; Justices of the Peace.

Remarks and conduct at trial, see Trial, $ 23. INTERLOCUTORY JUDGMENT.

III. RIGHTS, POWERS, DUTIES, AND Review on appeal, see Appeal, 8 875.


$ 32. Where a surrogate's term expires after INTERPRETATION.

decision on settlement of executor's acco 1908

but before finding and decret, his SUCESS: Of contracts, instruments or judicial acts and may sign the findings and make the decree, LLproceedings.

der Code Civ. Proc. $ 2481, subds. & 9.-la re See Bills and Notes, $8 132-134 ; Bonds, & 64; Taylor (Sup.) 1040.

Contracts, $8147-221; Covenants, $ 69;
Deeds, $$ 93-140 ; Guaranty, 8 43; Indemnity,

8 11; Wills, 88 441-684.
Bill of lading, see Carriers, $ 51.
Contract for sale of realty, see Vendor and Pur- Judgment on pleading, see Pleading, $ 3tà

Decisions of courts in general, see Courts, $ 107. chaser, $ 79. Insurance policy, see Insurance, $$ 146-175. In particular civil actions or proceedings Lease, see Landlord and Tenant, iš 38, 48.

See Quieting Title, $ 52; Replerin, $ 100.

On appeal, see Appeal, $$ 1171-1201.

Probate proceedings, see Wills, § 310.

To enforce mechanic's lien, see Mechanics' Liens To witnesses, see Depositions.

$ 291.

In criminal prosecutions.
INTERURBAN RAILROADS. See Criminal Law, $ 977.
See Street Railroads, $ 28.


See Appeal.

See Descent and Distribution.


103. A party should always be prepared INTOXICATING LIQUORS. to try his case when it is reached on the cal

endar, so as not to suffer a default; and Ibe IV. LICENSES AND TAXES. party who conforms to court rules as to the

time of trial should be protected against one § 97. Under section 25 of the liquor tax law who disregards them.-Salkind v. Levy (City (Laws 1896, p. 67, c. 112, as amended by Laws Ct.) 581. 1897, p. 223, c. 312, § 17), one surrendering his certificate after the conviction of his employé

§ 126. Where the minutes taken on an inof a violation of the liquor law held not entitled quest failed to show a cause of action against to a rebate.-People v. Clement (Sup.) 1098.

the defendant, his default should be opened.

Anglo-American Authors' Ass'n v. Sluisby $ 106. It is no defense to a proceeding to re- (Sup.) 31. voke a liquor certificate that it was surrendered before the discovery of a violation of the law tained," where there was no proof of plaintil's

§ 126. A default judgment should not be susand the commencement of the proceeding.-In re right to sue on the contract, to which be, was Clement (Sup.) 1070.

not a party.-Anglo-American Authors' Ass'n F.

Slutsky (Sup.) 31.

(B) OPENING OR SETTING ASIDE Authority of insurance company to invest in

DEFAULT. bank stock, see Insurance, $ 36.

In municipal court, see Courts, $ 189.

§ 138. Default judgment against defendant

corporation will be reversed; the person seried In civil actions, see Pleading, $ 376.

with summons not being a director or otficer of, In criminal prosecutions, see Indictment and or authorized to accept service for the corporaInformation, 8 176.

tion, and it having appeared only specially to Presented for review on appeal, see Appeal, 88 have judgment set aside.- Newmark' y. Loro169, 171,

witz Bros. (Sup.) 561. JOINDER.

§ 143. Plaintiff, whose case was twice dis

missed for his failure to appear for trial, held Of causes of action, see Action, $ 47.

not entitled to have a default, entered upon the Of offenses in indictment, see Indictment and second dismissal, vacated under Code Civ. Proc. Information, $ 131.

$724, authorizing relief against a judgment

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