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Particular species of property.

PUBLIC SCHOOLS.
See Animals; Copyrights.

See Schools and School Districts, $ 102.
Transfers and other matters affecting title.
See Adverse Possession.

PUBLIC SERVICE CORPORATIONS.
Dedication to public use, see Dedication.
Taking for public use, seé Eminent Domain. See Carriers; Railroads; Street Railroads.

Water companies, see Waters and Water Cours-
PROSECUTING ATTORNEYS. es, $8 183, 203.
See District and Prosecuting Attorneys.

PUBLIC USE.
PROTEST.

Dedication of property, see Dedication.

Taking property for public use, see Eminent
Of bill or note, see Bills and Notes, § 422. Domain.
PROVINCE OF COURT AND JURY.

PUBLIC WATER SUPPLY.

See Waters and Water Courses, &$ 183, 203.
In criminal prosecutions, see Criminal Law, $
741.

PUNISHMENT
PROXIMATE CAUSE.

See Criminal Law, § 1208.
Direct or remote consequences of injury, see Fines, see Fines.
Damages, Š 23.

For contempt of court, see Contempt, $ 82.
PUBLICATION.

QUESTIONS FOR JURY.
Of libel, see Libel and Slander, $ 25.

In civil actions, see Trial, § 142.
Service of process, see Process, 88 96, 98.

In criminal prosecutions, see Criminal Law, i

741.
PUBLIC DEBT.

QUIETING TITLE.
See Municipal Corporations, $$ 859, 978; Schools
and School Districts, $ 102.

II. PROCEEDINGS AND RELIEF.

$ 52. The fact that the complaint, containing
PUBLIC IMPROVEMENTS. allegations sufficient to sustain the action as

one to determine claims against real property
By municipalities, see Municipal Corporations, under Code Civ. Proc. 88 1638. 1639, contained
88 278-516.

other allegations and prayed for inappropriate

relief, held not to prevent the court from res-
PUBLIC LANDS.

dering judgment prescribed by section 1015.-

Doscher v. Wyckoff (Sup.) 389.
Lands under water, see Navigable Waters, 8 37.
* III. DISPOSAL OF LANDS OF THE

RAILROADS.
STATES.

See Street Railroads.
§ 163. It was not usual and is not customary As employers, see Master and Servant.
in grants by the state to include the acreage of Carriage of goods and passengers, see Carriers.
an adjoining stream as a part of the acreage
of the land conveyed.-Fulton Light, Heat &

X. OPERATION.
Power Co. v. State (Ct. Cl.) 1000.
& 163. The rule of strict construction held (D) INJURIES TO LICENSEES OR TRES-

PASSERS IN GENERAL.
not to apply to a grant of real estate by the
state where there is a consideration.-Fulton

§ 274. A railroad, permitting use of its sts-
Light, Heat & Power Co. v. State (Ct. Cl.) tion as a post office, held bound to exercise rea-
1000.

sonable care to protect persons so using the

premises.-Paulding v. New York Cent. & H. R.
IV. COLONIAL AND PROPRIETARY R. Co. (Sup.) 518.
GRANTS.

$ 278. It was not negligence for a child, at
§ 188. Wood creek held reserved as a com a railroad station to get the mail, to step oat
mon highway for the benefit of the public by on the platform, and she was not bound to look
letters patent.-Johnson v. State (Ct. Cl.) 253. and listen for an approaching train.-Paulding

v. New York Cent. & H. R. R. Co. (Sup.) 31S.
PUBLIC POLICY.

$ 282. Whether the running of a train 35

miles an hour past a station used as a post of
Affecting validity of contract, see Contracts, & fice, without warning, was negligence, held, in
129.

an action for the death of a person struck, for

the jury.-Paulding v. New York Cent. & H. R. I. RIGHT OF ACTION AND DEFENSES. R. Co. (Sup.) 518.

§ 11. Statement of scope of remedy of refor(G) INJURIES TO PERSONS ON OR NEAR mation of contract.-Moffett v. Jaffe (Sup.) 402.

TRACKS. $ 359. Plaintiff held a trespasser when injur

II. PROCEEDINGS AND RELIEF. ed on defendant's railroad.-Neuberger v. Long Pleading matters of evidence, see Pleading, $ 11. Island R. Co. (Sup.) 311.

8 36. The complaint for reformation, by a $ 400. Evidence held sufficient to go to the proportionate reduction of price, of a contract jury on the question of recklessness of the en- of sale of land, for mutual mistake in number gineer of a train which ran into a trespasser.- of acres, held insufficient in not alleging defendNeuberger v. Long Island R. Co. (Sup.) 311.

ant meant to fix the total by a certain sum per

acre.—Moffett v. Jaffe (Sup.) 402. REAL ACTIONS.

REHEARING.
See Ejectment; Partition; Quieting Title.

See New Trial.
REAL ESTATE AGENTS.

RELEASE.
See Brokers.

See Payment.
REARGUMENT.

of particular classes of rights and liabilities. Allowance of costs, see Costs, $ 250.

See Mortgages, $ 314.

I. REQUISITES AND VALIDITY. RECEIVERS.

8 16. In order to have a release of all claims In supplementary proceedings, see Execution, s against an insurance company rescinded in 409.,

equity on the ground of mistake, plaintiff must Of corporations in general, see Corporations, & show that it was executed through a mutual 553.

mistake of an existing fact.–Dominicis v. Unit

ed States Casualty Co. (Sup.) 975. II. APPOINTMENT, QUALIFICATION,

8 16. A release executed to an insurance AND TENURE.

company of all claims against it resulting from Appointment of receiver of corporations, see an injury to insured's arm held to have been Corporations, 8 553.

executed under a mutual mistake of fact, and

not merely on a mistake of opinion or belief, VI. ACTIONS.

so as to entitle insured to rescind it.--Domin. § 174. A receiver may be sued under order icis v. United States Casualty Co. (Sup.) 975. of the court for a bank deposit collected by the II. CONSTRUCTION AND OPERATION. receiver which had previously been assigned to plaintiff.-Hochberger v. Ludvigh (Sup.) 696.

Construction of agreement to give employment

to injured servant in consideration of release RECORDS.

from liability for personal injuries, see Master

and Servant, $ 3. Transcript on appeal, see Appeal, 88 523, 662.

RELEVANCY.
REFERENCE.

Of evidence in civil actions, see Evidence,

123. Allowance of costs on report by referee making no provision therefor, see Costs, $ 73.

RELIGIOUS SOCIETIES. Compensation for stenographer employed by referee to take testimony, see Courts, $ 57.

8 20. A purchaser of tent lots on the ground

of a camp meeting association held liable to II. REFEREES AND PROCEEDINGS. pay back taxes assessed by it for expenses, and 8 76. Under Code Civ. Proc. $ 3296, a stipu- therefor.-Silver Lake Assembly v. Hard (Sup.)

to have taken the property subject to the lien lation fixing referee's fees held to exclude the 1061. recovery of the statutory fees.-Morgenthaler v. Carlin (Sup.) 723.

§ 20. A camp meeting association held not

to have waived the restrictions, limitations, and $ 76. Code Civ. Proc. $ 3296, held not to ap- covenants in deeds of lots on its ground, beply to the fees of a referee appointed to hear cause it did not insert the same in mortgages testimony as to the compensation of an attor

of its other property.-Silver Lake Assembly v. ney for a receiver of an insolvent corporation. Hard (Sup.) 1061. -People v. Bank of Staten Island (Sup.) 827.

REMAINDERS. REFORMATION OF INSTRUMENTS.

See Life Estates. See Cancellation of Instruments.

Creation by will, see Wills, $ 634. For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (3) NUMBER

REMAND.

REPLY.
Of cause on appeal, see Appeal, $8 1194–1201. See Pleading, 88 167–182.
REMEDY AT LAW,

REPORT.
Effect on jurisdiction of equity, see Injunction, of commissioners of appraisal of property tak,
$ 16.

en for public water supply, see Waters and
REMOVAL.

Water Courses, § 183.
Of corporate officers, see Corporations, $ 294.
Of municipal employé, see Municipal Corpora-

RESCISSION.
tions, $ 218.

Cancellation of written instrument, see Cancel-
Of municipal officer, see Municipal Corpora lation of Instruments.
tions, 185.

Of contract for sale of land, see Vendor and

Purchaser, $ 125.
REMOVAL OF CAUSES.
Change of venue or place of trial, see Venue, $8

RES GESTÆ.
45, 52

In civil actions, see Evidence, $ 123.
REMOVAL OF CLOUD.

RESIDENCE
See Quieting Title.

See Domicile.
RENEWAL.

RES JUDICATA.
Of lease, see Landlord and Tenant, & 88.

See Judgment, 88 570-630, 707.
RENT.

RESPONDEAT SUPERIOR.
See Landlord and Tenant, &$ 182-233.
Payment of as damages for injuries resulting Application of doctrine in municipality and its
from nuisance, see Nuisance, $ 35.

departments and officers, see Municipal Cor

porations, $ 747.
REPAIRS.

REVENUE.
Of demised premises, failure to make as con-

structive eviction, see Landlord and Tenant, 8 See Taxation.

172.
Of highway, see Highways, 8 115.

REVERSIONS.
REPLEVIN.

Of lessor, see Landlord and Tenant, $ 55.
III. PROCEEDINGS FOR TAKING AND

REVIEW.
REDELIVERY OF PROPERTY.
$ 32. Irregularities in a replevin affidavit See Appeal; Criminal Law, $$ 1144, 1184; Jus-
held waived by excepting to the sureties on

tices of the Peace, $ 189.
the undertaking given by plaintiff.—Brenker v.
Dlatt (City Ct.) 575.

REVOCATION.
$ 51. A defect in the affidavit in replevin, not of authority of broker, see Brokers, $ 44.
specified in the notice to vacate the writ, cannot Of letters testamentary, see Executors and Ad-
be urged as a ground of the motion.-Brenker

ministrators, $ 32.
v. Dlatt (City Ct.) 575.

Of license for conducting public amusements,
IV. PLEADING AND EVIDENCE.

see Theaters and Shows, $ 3.

Of license of picture show, see Theaters and
Admissions by answer as affecting matters to be

Shows, $ 3.
proved, see Pleading, $ 376.

Of liquor license, see Intoxicating Liquors, $

106.
VI. TRIAL, JUDGMENT, ENFORCE-
MENT OF JUDGMENT, AND

Of will, see Wills, $$ 181, 290, 296.
REVIEW.

REWARDS.
Practice in municipal court, see Courts, $ 189.

$ 100. Judgment in replevin held incorrect Implied authority of agent to offer reward for
in form.-Beinert v. William M. Tivoli & Co.

recovery of property of employer, see Princi-

pal and Agent, § 101.
(Sup.) 4.
REPLICATION.

§ 6. A person purchasing diamonds, know-

ing or having reasonable grounds to believe that
See Pleading, $$ 167-182.

they belonged to a person offering a reward

therefor and had been stolen, held not entitled I. REQUISITES AND VALIDITY OF
to the reward.—Sheldon v. George (Sup.) 969.

CONTRACT.
8 7. Knowledge of reward prior to discovery Damages for fraud in obtaining goods by giv-
of lost property held necessary to the claiming ing worthless check, see Fraud, $ 28.
of the reward.-Rubenstein v. Frost (Sup.) 681.

$ 23. One ordering goods held bound to take
8 7. Compulsory return of diamonds, with notice of a condition requiring acceptance of
the intention of 'claiming ownership if their the order.-Waxelbaum v. Schloss (Sup.) 42.
identity with stones stolen be not established,
held not to entitle the person making the re-

§ 23. A letter requesting plaintiff to call
turn to a reward offered therefor.-Sheldon v.

on defendants respecting goods selected by plain-
George (Sup.) 969.

tiff was not an acceptance of an order for the

goods.-Waxelbaum v. Schloss (Sup.) 42.
$ 7. To entitle a person to a reward, he must
have knowledge of the offer thereof before the

8 24. Matters essential to a breach of an
services are rendered.-Sheldon v. George (Sup.) option stated.—Harle v. Haggin (Sup.) 51.
969.

$ 32. A letter sent from defendant to plain-
RIGHT OF WAY.

tiff held a mere invitation for an offer to buy

bay rum at a specified price, and not an offer
See Easements.

which plaintiff could turn into a contract by
mailing an acceptance.--Stein-Gray Drug Co. v.

H. Michelsen Co. (Mun. Ct.) 789.
RIPARIAN RIGHTS.

§ 32. A proposal to sell merchandise must
See Navigable Waters, 88 39, 44.

leave nothing further for the proposer in order

that the mailing of an acceptance shall con-
RISKS.

stitute a binding contract.-Stein-Gray Drug

Co. v. H. Michelsen Co. (Mun. Ct.) 789.
Assumed by employé, see Master and Servant,

§ 53.

In an action for the contract price
$$ 219, 288.

of goods alleged to have been sold to defendants,
Within insurance policy, see Insurance, $ 430. whether defendants actually ordered the goods

held to be for the jury.- Neumeyer v. Hooker

(Sup.) 204.
ROADS.
See Highways.

II. CONSTRUCTION OF CONTRACT.
Streets in cities, see Municipal Corporations, 88 $ 62. Where the transfer of a farm is a part
657, 705, 777-818.

of a contract of sale of a stock of goods, and

the court is without jurisdiction to enforce a
ROYALTIES.

conveyance, the contract for the sale of the

stock of goods cannot be enforced.-Terrance v.
Remedy for recovery of royalties reserved under Crowley (Sup.j 417.
assignment of copyright interest in books, see

$ 79. Where no place of delivery under an
Copyrights, $ 47.

executory contract of sale was specified, the sell-

er's place of business was the place.-Gross v.
RULES.

Ajello (Sup.) 380.
Governing work of employés, see Master and IV. PERFORMANCE OF CONTRACT.
Servant, : 141.

(C) DELIVERY AND ACCEPTANCE OF

GOODS.
SALARIES.

$ 156. Merely setting aside goods sold under
Retroactive operation of statute authorizing ex an executory contract of sale did not constitute

ecution against part of judgment debtor's a delivery.-Gross v. Ajello (Sup.) 380.
salary, see Exemptions, $ 8.

$ 160. To constitute a delivery of goods, they

must at least be placed within the control of the
SALES.

buyer.-Gross v. Ajello (Sup.) 380.

$ 161.
Requirements of statute of frauds, see Frauds, livery of goods was to be f. o. b. at a certain

Where a contract provided that de-
Statute of, 88 74, 81, 84.

place, freight and duty prepaid, the arrival of
Sales of particular species of, or estates or in the goods at that point, the freight and duty
terests in, property.

having been paid, was a delivery under the
See Intoxicating Liquors.

contract.-Newmeyer v. Hooker (Sup.) 204.
Realty, see Vendor and Purchaser.

$ 162. Delivery of an order on a warehouse
Trust property, see Trusts, 88 191, 202.

for goods sold under an executory contract held

nullified by removal of the goods to the seller's
Sales on judicial or other proceedings. building without notice to the buyer.--Gross v.
See Execution, $ 326.

Ajello (Sup.) 380.
On foreclosure of mortgage, see Mortgages, 8 $ 178. Delivery of mortar sold was not equiv-

alent to an acceptance thereof, so as to show no
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (3) NUMBER

511.

consideration for a warranty thereafter made.-tain an action at law for breach of the option. Luckes v. Meserole (Sup.) 350.

-Harle v. Haggin (Sup.) 51. $ 182. Evidence held not to show notice & 418. Instructions in an action for breach that goods sold were ready for delivery, nor a of contract for sale of goods held to correctly tender of delivery.-Gross v. Ajello (Sup.) 380. state the law.-Delafield v. J. K. Armsby Co.

(Sup.) 71. V. OPERATION AND EFFECT.

$ 418. Where an article sold can be pur (A) TRANSFER OF TITLE AS BETWEEN chased in the market, the difference between the PARTIES.

contract price and the market price is the meas

ure of damages for breach of the contract.8 201. A contract of sale of wine to be ship- Delafield v. J. K. Armsby Co. (Sup.) 71. ped held to make the purchaser liable for the price, if wine identical with the sample was

& 418. The measure of damages for breach delivered to the carrier, whatever its condition of contract for the sale of cases of salmon held on arrival.-Paolino v. Lordi (City Ct.) 786.

to be the loss of the profits on the resale.-Del

afield v. J. K. Armsby Co. (Sup.) 71. (D) BONA FIDE PURCHASERS.

§ 418. On breach of contract for sale of salmNotice to officer or agent of corporation as af- on for export by an agent for domestic sales, fecting corporation, see Corporations, $ 428. it was not necessary for the purchaser to at

tempt to purchase from an agent for foreign § 244. In replevin against a person who sales.-Delafield v. J. K. Armsby Co. (Sup.) 11. claims under a fraudulent vendee, the burden is on him to show that he is an innocent pur- (D) ACTIONS AND COUNTERCLAIMS FOR chaser for value.-Beinert v. William M. Tiv

BREACH OF WARRANTY. oli & Co. (Sup.) 4.

Recovery against principal for breach of war

ranty made by agent, see Principal and Agent, VI. WARRANTIES.

§ 155. Liability of principal for breach of warranty

IX. CONDITIONAL SALES. made by agent without authority, see Principal and Agent, $ 155.

Counterclaim, see Set-Off and Counterclaim, $

29. VII. REMEDIES OF SELLER.

$ 460. Lien Law (Laws 1897, p. 539, c. 418) (E) ACTIONS FOR PRICE OR VALUE. art. 9, held not to necessitate a written con§ 340. Remedy of the seller, on breach of a ditional sale of chattels.-Alexander v. Kellner

tract as between the seller and buyer in a concontract to buy goods, stated.—Gross v. Ajello | (Sup.) 98. (Sup.) 380.

§ 479. In an action on a conditional sale § 345. To recover the price under an executory contract of sale, in the absence of delivery, plaintiff's failure to file the contract as required

contract, defendant held not entitled to prose the seller must show readiness to perform and by law, or that of his assignor.-Tobenkin v. tender of performance.-Gross v. Ajello (Sup.) Piermont (Sup.) 718. 380. $ 345. At common law one could only re

§ 481. Under Lien Law (Laws 1897, p. 51, cover for goods sold and delivered by showing 1624, C. 762, the buyer of chattels may recor

c. 418) § 116, as amended by Laws 1900, p. actual delivery.-Gross v. Ajello (Sup.) 380.

er the amount paid on a sale by the vendor on $ 348. In an action for the price of a boiler, retaking the property, without giving the stat work in setting it, and erecting a chimney utory notice of such sale.-Alexander v. Kell"suitable for the boiler," defendant may coun ner (Sup.) 98. terclaim the expense of extending the chimney to put it in the condition required by the con

SATISFACTION. tract.--Logan Iron Works v. Klein (Sup.) 333.

$ 355. No recovery for goods sold but not de- See Payment; Release. livered can be had on an averment of sale and Of mortgage, see Mortgages, 314. delivery.-Gross V. Ajello (Sup.) 380.

SCHOOLS AND SCHOOL DISTRICTS. VIII. REMEDIES OF BUYER. (A) RECOVERY OF PRICE.

II. PUBLIC SCHOOLS. $ 391. A buyer of a horse under warranty. (E) DISTRICT DEBT, SECURITIES, AND who returned the horse for breach of warranty,

TAXATION. lield entitled to recover the price paid.-J. Dick $ 102. Consolidated School Law (Laws 1894, man & Co. v. Berlin (Sup.) 552.

p. 1235, c. 556) tit. 7, § 63, held not to govern (C) ACTIONS FOR BREACH OF CON

the taxation of corporate property lying partTRACT.

ly in two districts.-People v. Marens (Sup.)

189. § 406. An allegation that one holding an option to purchase stock desires and offers to

SCIENTIFIC BOOKS. pay the amount due held insufficient to sus As evidence, see Evidence, $ 318.

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