« ΠροηγούμενηΣυνέχεια »
moneys which become due under the contract is
Affecting will, see Wills, $ 152.
Of judgment or order on appeal, see Appeal, $
$ 6. Complaint in an action for money loaned
held not demurrable, because the agreement to
8 7. To overcome the presumption that a
8 7. Evidence held admissible as tending to
overcome the presumption that a check was
Recovery of payment in general, see Payment,
Recovery of price paid for goods, see Sales, 8
and Purchaser, 8 337.
8 1. An action for money had and received
will lie whenever one has money which in equi-
ty and good conscience belongs to another. -
Davenport v. Walker (Sup.) 411.
§ 2. An unincorporated association's treasurer
held not liable to it for money had and received.
-Strahl v. Fink (Sup.) 352.
8 17. Allegations in an action by the receiv-
against defendants for money received in pay-
ment of bonds sold by them to the bank's cashier
and paid for with the bank's money.-Davenport
v. Walker (Sup.) 411.
cashier paid for bonds purchased from defendant
with a cashier's check which defendant receiv-
tiff, plaintiff could show either actual or con-
structive notice that the money received by de-
fendant belonged to the bank, and was not lim-
port v. Walker (Sup.) 411.
f 18. Weight of the evidence held to show | sion of sale under the judgment.-Mayer .
8 564. A judgment foreclosing a mortgage
covering, separate parcels, some of which are
of the parcels separately, and direct tbe appii
covered by the first mortgage to the payın-at
thereof.-Citizens' Permanent Savings & Loan
(N) FEES AND COSTS.
part of the costs, though a reasonable amount
for searches for taxes might have been included
Necessity for purpose of review, see Appeal.
For particular purposes or relief.
Change of venue in civil actions, see Venue, $I
Direction of verdict in civil actions, see Trial,
88 177, 178.
Judgment, $$ 138–169.
§ 268. A mortgage held not merged in the Striking out evidence, see Trial, $ 83.
from negligent or wrongful use of highway,
see Highways, 8 184.
MOVING PICTURE SHOWS.
See Schools and School Districts, $ 102.
Mandamus, see Mandamus, $ 87.
Ordinances relating to intoxicating liquors, see
Street railroads, see Street Railroads.
Water supply, see Waters and Water Courses,
88 183, 203.
V. OFFICERS, AGENTS, AND EM.
Authority of mayor to revoke license of picture
show, see Theaters and Shows, $ 3.
Service Law (Laws 1899, p. 798, c. 370) § 8, bationary period prescribed by municipal serv-
his probationary period.-McVay v. City of New
York (Sup.) 908.
§ 218. Under Civil Service Law (Laws 1899,
p. 802, c. 370), § 12, a volunteer fireman ap-
not entitled to rely on Civil Service Law (Laws
§ 189. The right of a police officer to inspect good-faith member of a volunteer fire depart-
ment so as to prevent his removal without cause.
cover his salary without first obtaining "rein-
statement” by certiorari or mandamus.--Shane
v. City of New York (Sup.) 685.
§ 220. Where a city civil service employé was
appointed to his place, and his position was not
work to be done in his department.-Shane v.
ful exclusion from office.-McVay V. City of
by City Charter (Laws 1901, p. 641, c. 460) 8
IX. PUBLIC IMPROVEMENTS.
OR GRANT AID THEREFOR.
$ 278. Under Greater New York Charter
of a borough held the proper local authority to
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (3) NUMBER
tionment.--City of New York v. New York subject-matter, levy an assessment for paving,
their action is not subject to collateral attack,
-City of Glens Falls y. McMullen (Sup.) 49.
X. POLICE POWER AND REGULA.
(A) DELEGATION, EXTENT, AND EXER-
CISE OF POWER.
§ 603. Laws 1897, p. 395, c. 414, & 89, subd.
tions, of claims filed in time, see Limitation terials in the construction of buildings, and not
to prevent use of building already erected.-
power of eminent domain, see Eminent Do. 788.
$ 603. The trustees of a village cannot enjoin
the erection of wooden buildings, wbere they
8 404. The limitation in Laws 1895, p. 2041, permission of the superintendent of buildings
to make alterations in the building held inde-
XI. USE AND REGULATION OF PUB-
LIC PLACES, PROPERTY,
local law, see Statutes, $ 97.
Acts constituting abandonment or vacation un-
der laws relating to assessment of damasis
in exercise of power of eminent domain, see
Eminent Domain, $ 174.
of evidence, see Dedication, $ 44.
$ 657. Laws 1895, p. 2037, c. 1006, author
§ 479. Under New Rochelle City Charter avoid vehicles thereon.-Boker v. H. Koehler &
Co. (Sup.) 540.
(B) ACTS OR OMISSIONS OF OFFICERS
$ 747. The city of New York held not liable
the posts or poles on which it was carried to sonal property tax against defendant.-City of
$ 978. In an action by the city of New York
to recover personal property taxes, facts held
to constitute a defense under Tax Law (Laws
1896, p. 795, c. 908) $ 259a, added by Laws
1905, p. 624, c. 348.-City of New York v. Hal-
§ 978. Tax Law (Laws 1896, p. 795, c. 908),
$ 259a, added by Laws 1905, p. 624, c. 348,
relating to the dismissal of suits to enforce pay-
ment of personal property taxes, held applica-
permitted by Greater New York Charter (Laws
See Insurance, $ 719.
cian, see Health, $ 34.
Of corporations, see Corporations, $8 43, 46.
I. RIGHTS OF PUBLIC.
§ 1. The term "navigable" at common law
and in a legal sense held to mean a stream in
which the tide ebbs and flows.-Fulton Light,
Heat & Power Co. v. State (Ct. Cl.) 1000.
§ 7. The construction of a barge canal held
not authorized by the reserved power of the
state to improve a river for navigation.-Fulton
verse Possession, $ 7.
Condemnation by city, see Eminent Domain, s
Grant of uplands as including land between
high and low water mark or to thread of
stream, see Boundaries, 88 13, 15.
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (1) NUMBER