The New York Supplement

PUNISHMENT.

See Criminal Law, § 1208.

Direct or remote consequences of injury, see Fines, see Fines.
Damages, § 23.

PUBLICATION.

Of libel, see Libel and Slander, § 25.
Service of process, see Process, §§ 96, 98.

PUBLIC DEBT.

See Municipal Corporations, §§ 859, 978; Schools
and School Districts, § 102.

PUBLIC IMPROVEMENTS.

By municipalities, see Municipal Corporations,
§§ 278-516.

PUBLIC LANDS.

Lands under water, see Navigable Waters, § 37.
III. DISPOSAL OF LANDS OF THE
STATES.

§ 163. It was not usual and is not customary
in grants by the state to include the acreage of
an adjoining stream as a part of the acreage
of the land conveyed.-Fulton Light, Heat &
Power Co. v. State (Ct. Cl.) 1000.

§ 163. The rule of strict construction held
not to apply to a grant of real estate by the
state where there is a consideration.-Fulton
Light, Heat & Power Co. v. State (Ct. Cl.)

1000.

IV. COLONIAL AND PROPRIETARY
GRANTS.

§ 188. Wood creek held reserved as a com-
mon highway for the benefit of the public by
letters patent.-Johnson v. State (Ct. Cl.) 253.

For contempt of court, see Contempt, § 82.

QUESTIONS FOR JURY.

In civil actions, see Trial, § 142.
In criminal prosecutions, see Criminal Law,
741.

QUIETING TITLE.

II. PROCEEDINGS AND RELIEF.
§ 52. The fact that the complaint, containing
allegations sufficient to sustain the action as
one to determine claims against real property
under Code Civ. Proc. §§ 1638, 1639, contained
other allegations and prayed for inappropriate
relief, held not to prevent the court from ren-
dering judgment prescribed by section 1645.-
Doscher v. Wyckoff (Sup.) 389.

RAILROADS.

See Street Railroads.

As employers, see Master and Servant.
Carriage of goods and passengers, see Carriers.

X. OPERATION.

(D) INJURIES TO LICENSEES OR TRES-
PASSERS IN GENERAL.

§ 274. A railroad, permitting use of its sta-
tion as a post office, held bound to exercise rea-
sonable care to protect persons so using the
premises.-Paulding v. New York Cent. & H. R.
R. Co. (Sup.) 518.

§ 278. It was not negligence for a child, at
a railroad station to get the mail, to step out
on the platform, and she was not bound to look
and listen for an approaching train.-Paulding
v. New York Cent. & H. R. R. Co. (Sup.) 318.
§ 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
an action for the death of a person struck, for

129.

PUBLIC POLICY.

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.

Allowance of costs on report by referee making no provision therefor, see Costs, § 73. Compensation for stenographer employed by referee to take testimony, see Courts, § 57. II. REFEREES AND PROCEEDINGS.

76. Under Code Civ. Proc. § 3296, a stipulation fixing referee's fees held to exclude the recovery of the statutory fees.-Morgenthaler v. Carlin (Sup.) 723.

76. Code Civ. Proc. § 3296, held not to apply to the fees of a referee appointed to hear testimony as to the compensation of an attorney for a receiver of an insolvent corporation. -People v. Bank of Staten Island (Sup.) 827.

REFORMATION OF INSTRUMENTS. See Cancellation of Instruments.

Of particular classes of rights and liabilities. See Mortgages, § 314.

I. REQUISITES AND VALIDITY. § 16. In order to have a release of all claims against an insurance company rescinded in equity on the ground of mistake, plaintiff must show that it was executed through a mutual mistake of an existing fact.-Dominicis v. United States Casualty Co. (Sup.) 975.

§ 16. A release executed to an insurance company of all claims against it resulting from an injury to insured's arm held to have been executed under a mutual mistake of fact, and not merely on a mistake of opinion or belief, so as to entitle insured to rescind it.-Dominicis v. United States Casualty Co. (Sup.) 975. II. CONSTRUCTION AND OPERATION. Construction of agreement to give employment to injured servant in consideration of release from liability for personal injuries, see Master and Servant, § 3.

RELEVANCY.

Of evidence in civil actions, see Evidence, § 123.

RELIGIOUS SOCIETIES.

§ 20. A purchaser of tent lots on the ground of a camp meeting association held liable to pay back taxes assessed by it for expenses, and to have taken the property subject to the lien therefor.-Silver Lake Assembly v. Hard (Sup.) 1061.

§ 20. A camp meeting association held not to have waived the restrictions, limitations, and covenants in deeds of lots on its ground, because it did not insert the same in mortgages of its other property.-Silver Lake Assembly v. Hard (Sup.) 1061.

REMAINDERS.

See Life Estates.

Creation by will, see Wills, § 634.

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

Of demised premises, failure to make as con-
structive eviction, see Landlord and Tenant, § See Taxation.

172.

Of highway, see Highways, § 115.

REPLEVIN.

III. PROCEEDINGS FOR TAKING AND
REDELIVERY OF PROPERTY.
$32. Irregularities in a replevin affidavit
held waived by excepting to the sureties on
the undertaking given by plaintiff.-Brenker v.
Dlatt (City Ct.) 575.

§ 51. A defect in the affidavit in replevin, not
specified in the notice to vacate the writ, cannot
be urged as a ground of the motion.-Brenker
v. Dlatt (City Ct.) 575.

IV. PLEADING AND EVIDENCE.
Admissions by answer as affecting matters to be
proved, see Pleading, § 376.

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

Practice in municipal court, see Courts, § 189.
§ 100. Judgment in replevin held incorrect

in form.-Beinert v. William M. Tivoli & Co.
(Sup) 4.

REPLICATION.

See Pleading, §§ 167-182.

REVENUE.

REVERSIONS.

Of lessor, see Landlord and Tenant, § 55.

REVIEW.

See Appeal; Criminal Law, §§ 1144, 1184; Jus-
tices of the Peace, § 189.

REVOCATION.

Of authority of broker, see Brokers, § 44.
Of letters testamentary, see Executors and Ad-
ministrators, § 32.

Of license for conducting public amusements,
see Theaters and Shows, § 3.

Of license of picture show, see Theaters and
Shows, § 3.

Of liquor license, see Intoxicating Liquors,
106.

Of will, see Wills, §§ 181, 290, 296.

REWARDS.

Implied authority of agent to offer reward for
recovery of property of employer, see Princi-
pal and Agent, § 101.

§ 6. A person purchasing diamonds, know-
ing or having reasonable grounds to believe that
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.

§ 7. Knowledge of reward prior to discovery
of lost property held necessary to the claiming
of the reward.-Rubenstein v. Frost (Sup.) 681.
§ 7. Compulsory return of diamonds, with
the intention of claiming ownership if their
identity with stones stolen be not established,
held not to entitle the person making the re-
turn to a reward offered therefor.-Sheldon v.
George (Sup.) 969.

§ 7. To entitle a person to a reward, he must
have knowledge of the offer thereof before the
services are rendered.-Sheldon v. George (Sup.)

969.

CONTRACT.

Damages for fraud in obtaining goods by giv-
ing worthless check, see Fraud, § 28.

§ 23. One ordering goods held bound to take
notice of a condition requiring acceptance of
the order.-Waxelbaum v. Schloss (Sup.) 42.
§ 23. A letter requesting plaintiff to call
on defendants respecting goods selected by plain-
tiff was not an acceptance of an order for the
goods.-Waxelbaum v. Schloss (Sup.) 42.

§ 24. Matters essential to a breach of an
option stated.-Harle v. Haggin (Sup.) 51.

§ 32. A letter sent from defendant to plain-
tiff held a mere invitation for an offer to buy
bay rum at a specified price, and not an offer
which plaintiff could turn into a contract by
mailing an acceptance.-Stein-Gray Drug Co. v.
H. Michelsen Co. (Mun. Ct.) 789.

§ 32. A proposal to sell merchandise must
leave nothing further for the proposer in order
that the mailing of an acceptance shall_con-
stitute a binding contract.-Stein-Gray Drug
Co. v. H. Michelsen Co. (Mun. Ct.) 789.

§ 53. In an action for the contract price
of goods alleged to have been sold to defendants,
whether defendants actually ordered the goods
held to be for the jury.-Neumeyer v. Hooker
(Sup.) 204.

II. CONSTRUCTION OF CONTRACT,
§ 62. Where the transfer of a farm is a part
of a contract of sale of a stock of goods, and
the court is without jurisdiction to enforce a
conveyance, the contract for the sale of the
stock of goods cannot be enforced.-Terrance v.
Crowley (Sup.) 417.

§ 79. Where no place of delivery under an
executory contract of sale was specified, the sell-
er's place of business was the place.-Gross v.
Ajello (Sup.) 380.

Governing work of employés, see Master and IV. PERFORMANCE OF CONTRACT.
Servant, § 141.

SALARIES.

Retroactive operation of statute authorizing ex-
ecution against part of judgment debtor's
salary, see Exemptions, § 8.

SALES.

Requirements of statute of frauds, see Frauds,
Statute of, §§ 74, 81, 84.

Sales of particular species of, or estates or in-
terests in, property.

See Intoxicating Liquors.

Realty, see Vendor and Purchaser.
Trust property, see Trusts, §§ 191, 202.

Sales on judicial or other proceedings.
See Execution, § 326.

On foreclosure of mortgage, see Mortgages, §
511.

GOODS.

§ 156. Merely setting aside goods sold under
an executory contract of sale did not constitute
a delivery.-Gross v. Ajello (Sup.) 380.

§ 160. To constitute a delivery of goods, they
must at least be placed within the control of the
buyer.-Gross v. Ajello (Sup.) 380.

§ 161. Where a contract provided that de-
livery of goods was to be f. o. b. at a certain
place, freight and duty prepaid, the arrival of
the goods at that point, the freight and duty
having been paid, was a delivery under the
contract.-Newmeyer v. Hooker (Sup.) 204.

§ 162. Delivery of an order on a warehouse
for goods sold under an executory contract held
nullified by removal of the goods to the seller's
building without notice to the buyer.-Gross v.
Ajello (Sup.) 380.

§ 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 (§) NUMBER

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

§ 182. Evidence held not to show notice that goods sold were ready for delivery, nor a tender of delivery.-Gross v. Ajello (Sup.) 380.

V. OPERATION AND EFFECT.

́(A) TRANSFER OF TITLE AS BETWEEN PARTIES.

8 201. A contract of sale of wine to be shipped held to make the purchaser liable for the price, if wine identical with the sample was delivered to the carrier, whatever its condition on arrival.-Paolino v. Lordi (City Ct.) 786.

(D) BONA FIDE PURCHASERS. Notice to officer or agent of corporation as affecting corporation, see Corporations, § 428. § 244. In replevin against a person who claims under a fraudulent vendee, the burden is on him to show that he is an innocent purchaser for value.-Beinert v. William M. Tivoli & Co. (Sup.) 4.

VI. WARRANTIES.

Liability of principal for breach of warranty made by agent without authority, see Principal and Agent, § 155.

VII. REMEDIES OF SELLER. (E) ACTIONS FOR PRICE OR VALUE. § 340. Remedy of the seller, on breach of a contract to buy goods, stated.-Gross v. Ajello (Sup.) 380.

$345. To recover the price under an executory contract of sale, in the absence of delivery, the seller must show readiness to perform and tender of performance.-Gross v. Ajello (Sup.)

380.

$ 345. At common law one could only recover for goods sold and delivered by showing actual delivery.-Gross v. Ajello (Sup.) 380.

§ 348. In an action for the price of a boiler, work in setting it, and erecting a chimney "suitable for the boiler," defendant may counterclaim the expense of extending the chimney to put it in the condition required by the contract.-Logan Iron Works v. Klein (Sup.) 333. $355. No recovery for goods sold but not delivered can be had on an averment of sale and delivery.-Gross v. Ajello (Sup.) 380.

VIII. REMEDIES OF BUYER.

(A) RECOVERY OF PRICE.

-Harle v. Haggin (Sup.) 51.

§ 418. Instructions in an action for breach of contract for sale of goods held to correctly state the law.-Delafield v. J. K. Armsby Co. (Sup.) 71.

§ 418. Where an article sold can be purchased in the market, the difference between the contract price and the market price is the measure of damages for breach of the contract.Delafield v. J. K. Armsby Co. (Sup.) 71.

§ 418. The measure of damages for breach of contract for the sale of cases of salmon held to be the loss of the profits on the resale.-Delafield v. J. K. Armsby Co. (Sup.) 71.

§ 418. On breach of contract for sale of salmon for export by an agent for domestic sales, it was not necessary for the purchaser to attempt to purchase from an agent for foreign sales.-Delafield v. J. K. Armsby Co. (Sup.) 71. (D) ACTIONS AND COUNTERCLAIMS FOR BREACH OF WARRANTY. Recovery against principal for breach of warranty made by agent, see Principal and Agent, § 155.

IX. CONDITIONAL SALES. Counterclaim, see Set-Off and Counterclaim, § 29.

§ 460. Lien Law (Laws 1897, p. 539, c. 418) art. 9, held not to necessitate a written contract as between the seller and buyer in a conditional sale of chattels.-Alexander v. Kellner (Sup.) 98.

§ 479. In an action on a conditional sale contract, defendant held not entitled to prove plaintiff's failure to file the contract as required by law, or that of his assignor.-Tobenkin v. Piermont (Sup.) 718.

§ 481. Under Lien Law (Laws 1897, p. 541, 1624, c. 762, the buyer of chattels may recovc. 418) § 116, as amended by Laws 1900, p. er the amount paid on a sale by the vendor on retaking the property, without giving the stat utory notice of such sale.-Alexander v. Kellner (Sup.) 98.

SATISFACTION.

See Payment; Release.

Of mortgage, see Mortgages, § 314.

SCHOOLS AND SCHOOL DISTRICTS.

II. PUBLIC SCHOOLS.

TAXATION.

391. A buyer of a horse under warranty. (E) DISTRICT DEBT, SECURITIES, AND who returned the horse for breach of warranty, held entitled to recover the price paid.-J. Dickman & Co. v. Berlin (Sup.) 552.

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

§ 102. Consolidated School Law (Laws 1894, p. 1235, c. 556) tit. 7, § 63, held not to govern the taxation of corporate property lying partly in two districts.-People v. Marens (Sup.) 189.

SCIENTIFIC BOOKS.

pay the amount due held insufficient to sus- As evidence, see Evidence, § 318.

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