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IMPROVEMENTS.

Liens, see Mechanics' Liens.

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

Public improvements, see Municipal Corpora- land allotted him is the right of occupancy and tions, 88 278-516.

IMPUTED NEGLIGENCE.

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 indemnify guarantors of debt incurred by another 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.

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

the ownership of the improvements.-TerraLe v. Crowley (Sup.) 417.

INDICTMENT AND INFORMATION. Indictment for bookmaking, see Gaming, § 87.

VI. JOINDER OF PARTIES, OFFENSES,
AND COUNTS, DUPLICITY,
AND ELECTION.

$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 Code 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 indictment charging one with abandoning his cut shelter for the child, may be amended as to time. and omitting to furnish necessary food and 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 s 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 Principal 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 before 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.

VII. ACTIONS.

883. A guardian ad litem cannot be allowed compensation beyond the taxable costs, including additional allowances authorized by statute.-Walbridge v. Walbridge (Sup.) 239.

§ 84. A guardian ad litem cannot make any contract which would dispose of or create a lien upon the infant's cause of action or the proceeds thereof without the court's approval, so that an agreement by a guardian ad litem without the court's approval to pay the attorney prosecuting the action a percentage of the recovery was illegal.-In re Hart (Sup.) 193.

INFERIOR COURTS.

See Courts, §§ 188-190.

INFORMATION.

(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 legal services and other expenses incurred.Jones v. Maher (Sup.) 180.

(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

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

formation.

INHERITANCE.

See Descent and Distribution.

INHERITANCE TAX.

See Taxation, §§ 865-900.

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.

I. NATURE AND GROUNDS IN GEN

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.

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

II. SUBJECTS OF PROTECTION AND
RELIEF.

§ 128. That defendant street railroads undertook 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.

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 v. Bingham (Sup.) 705.

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 ac-
quittal 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.

§ 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.

650.

INSOLVENCY.

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.

817. 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.

$ 36. Insurance company held estopped from
setting up that its promise to indemnify guar-
antors of an indebtedness incurred by another
for its accommodation was ultra vires.-Hyde
v. Equitable Life Assur. Society of United
States (Sup.) 219.

(B) MUTUAL COMPANIES.

§ 55. 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.)
841.

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

(A) NATURE, REQUISITES, AND

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

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.

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

§ 291. Reference to previous application is
application for insurance in another company
construed.-Fletcher v. Bankers' Life Ins. Co.
of City of New York (Sup.) 1105.

§ 291. Statement on examination of appli
cant for life insurance that statements made
prior examination for another policy still beid
good held not a warranty that would avoid the
policy because of illness subsequent to the tit
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.
§ 377. A life insurance company, having
knowledge that applicant had been previously

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

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.

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its nondelivery.-Schmerler v. Barasch (Sup.)
624.

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.

§ 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.

§ 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 Life Ins. Co. (Sup.) 998.

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

XX. MUTUAL BENEFIT INSURANCE.
(B) THE CONTRACT IN GENERAL.
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, 16.

XVIII ACTIONS ON POLICIES.
Information obtained by examining physicians
as privileged communication, see Witnesses, §
209.

Transitory nature of action, see Courts, § 7.

§ 622. An action on a liability policy issued
to a building contractor held barred under the
terms of the policy.-Creem v. Fidelity & Cas-
ualty Co. of New York (Sup.) 1042.

§ 622. Under Code Civ. Proc. § 414, a lia-
bility policy may prescribe a shorter limitation
than that provided by statute.-Creem v. Fideli-
ty & Casualty 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

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.

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

INTERLOCUTORY INJUNCTION.

See Injunction, § 154.

INTERLOCUTORY JUDGMENT. Review on appeal, see Appeal, § 875.

INTERPRETATION.

Of contracts, instruments or judicial acts and proceedings.

See Bills and Notes, §§ 132-134; Bonds, § 64; Contracts, 88 147-221; Covenants, § 69; Deeds, $$ 93-140; Guaranty, § 43; Indemnity, § 11; Wills, 88 441-684.

Bill of lading, see Carriers, § 51. Contract for sale of realty, see Vendor and Purchaser, § 79.

Insurance policy, see Insurance, §§ 146-175. Lease, see Landlord and Tenant, §§ 38, 48.

INTERROGATORIES.

To witnesses, see Depositions.

INTERURBAN RAILROADS.

See Street Railroads, § 28.

INTESTACY.

See Descent and Distribution.

INTOXICATING LIQUORS.

IV. LICENSES AND TAXES.

8 97. Under section 25 of the liquor tax law (Laws 1896, p. 67, c. 112, as amended by Laws 1897, p. 225, c. 312, § 17), one surrendering his certificate after the conviction of his employé of a violation of the liquor law held not entitled to a rebate.-People v. Clement (Sup.) 1098.

§ 106. It is no defense to a proceeding to revoke a liquor certificate that it was surrendered

before the discovery of a violation of the law and the commencement of the proceeding.-In re Clement (Sup.) 1070.

INVESTMENT.

Authority of insurance company to invest in bank stock, see Insurance, § 36.

ISSUES.

In civil actions, see Pleading, § 376.
In criminal prosecutions, see Indictment and
Information, § 176.

Presented for review on appeal, see Appeal, §§ 169, 171.

JOINDER.

Of causes of action, see Action, § 47.

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(A) REQUISITES AND VALIDITY. § 103. A party should always be prepared to try his case when it is reached on the calendar, so as not to suffer a default; and the party who conforms to court rules as to the time of trial should be protected against one who disregards them.-Salkind v. Levy (City Ct.) 581.

§ 126. Where the minutes taken on an inquest failed to show a cause of action against the defendant, his default should be opened.-Anglo-American Authors' Ass'n v. Slutsky (Sup.) 31.

tained, where there was no proof of plaintiff's § 126. A default judgment should not be susright to sue on the contract, to which he was not a party.-Anglo-American Authors' Ass'n v. Slutsky (Sup.) 31.

(B) OPENING OR SETTING ASIDE
DEFAULT.

In municipal court, see Courts, § 189.

§ 138. Default judgment against defendant corporation will be reversed; the person served with summons not being a director or officer of, or authorized to accept service for, the corporation, and it having appeared only specially to have judgment set aside.-Newmark v. Horowitz Bros. (Sup.) 564.

$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 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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