FORWARDERS.

fraudulent conveyance. Foster v.

Rights and liabilities of. Stand-Townshend, 2 Abb. New Cas. 29.

General laws amended. L. 1877,

By mere concealment without p. 434, c. 411; I. p. 479, c. 421;
affirmative representation. Getty L. 1876, p. 404, c. 396.

v. Donelly, 9 Hun, 603.

When concealment is ground

for relief.

Stilwell v. Carpenter,

2 Abb. New Cas. 238.

GIFT.

Essentials of a gift inter vivos.
Stevens v. Stevens, 2 Redf. Surr.

Inducing plaintiff to accept 205; Matter of Ward, Id. 251.

worthless securities as cash. Has-

brouck v. Blauvelt, 9 Hun, 200.

Remedy of joint owner for

GOVERNOR.

The governor may remove any
county treasurer, county superin-
wrongful sale. Small v. Robinson, tendent of the poor, or notary

9 Hun, 418.
public, for misconduct, &c., in
Constructive notice to purchaser. same manner as in the removal of
Weiss v. Brennan, 41 Super. Ct.
(J. & S.) 177.

Rescission of contract necessary.
Arnold . Nichols, 64 N. Y. 117.
Offer of judgment, equivalent to
rescission. Harris v. Equitable
Life Assurance Society, 64 N. Y.
196; 3 Hun, 724; 6 T. & C. 108.

FRAUDULENT CONVEYANCE.
By husband to wife. Cole v.
Tyler, 65 N. Y. 73.

By intended husband in antici-
pation of marriage. Youngs v.
Carter, 10 Iun, 194.

sheriffs; and in any case when the
governor's approval or assent is
necessary for the removal of an
officer, he may direct a judge or
commissioner to take testimony
and report, and may direct a hearing
in court. L. 1876, p. 102, c. 133.

GRAND JURY.

Drawing, &c. L. 1876, p. 341,

c. 366.

Challenge to array not allowable.
Carpenter v. People, 64 N. Y.
483.

GUARANTEE.

Parol promise to pay for comple-
Rights of person paying for tion of contract with third persons.
land taken in name of another. Talmadge v. Spofford, 41 Super.
Ocean Nat. Bank . Hodges, 9 Ct. (J. & S.) 428.

Hun, 161.

Discharge in bankruptcy of
debtor-confession of new judg-

GUARDIAN AD LITEM.

Security for costs by. Wice o.

ment. Dewey v. Moyer, 9 Hun, Commercial Fire Ins. Co., 2 Abb.
473.

New Cas. 325; McDonald v. Brass
Remedy of receiver in case of Goods Mfg. Co., Id. 434.

GUARDIAN AND WARD.
Testamentary guardians. L.
1877, p. 225, c, 206.

Surrogate's jurisdiction to ap-2
point guardian of non-resident
minor. Matter of Hosford, 2 Redf.

Surr. 168.

Guardian's commissions. Fisher
v. Britton, 2 Redf. Surr. 524.
Annual rests. Fisher v. Britton,
Redf. Surr. 524.

HABEAS CORPUS.

To review judgments of courts

L. 1837, p. 529, c. 460, § 29,-martial. People ex rel. Underhill
allowing administrator's sureties. Fullerton, 10 Hun, 63.

to apply to be released,-which Remedy for partially illegal com-
was amended by L. 1862, p. 418, mitment. Snyder v. Van Ingen, 9
c. 229, § 5, to extend to executors,
further amended by extending it to
guardians, by L.1876, p. 280, c.278.

Hun, 569.

Order quashing, reviewed by ap-
Right of guardian in socage. peal, not by writ of error. People
Cagger. Lansing, 64 N. Y. 417; ex rel. Donovan v. Conner, 64 N.
Roulston v. Roulston, Id. 652. Y. 481.

Double capacity of guardian and
executrix. Larrour v. Larrour, 2
Redf. Surr. 69.

Marriage of guardian may termi-
nate guardianship. Swartwout v.
Swartwout, 2 Redf. Surr. 52.

When guardianship is of person
and estate. Hagerty v. Hagerty, 9
Hun, 175.

Incompetency for which guard-
ian is removable. Service of cita-
tion. Damarell v. Walker, 2 Redf.
Surr. 198.

Committee of non-resident luna-

HABITUAL DRUNKARDS.
In Kings county. L. 1877, p.
180, c. 169, am'd'g L. 1875, c. 627,
and L. 1872, c. 687.

HARBOR MASTERS.
Powers in Brooklyn. L. 1877,
p. 538, c. 461.

HEALTH.

Inspection of milk. Blazier .
Miller, 10 Hun, 435.

HEIRS, &c.

tic minor cannot petition for Provisions of 2 R. S. 109, § 53,
guardian to account. Matter of and 116, § 18, postponing actions
Traznier, 2 Redf. Surr. 171. against heirs, do not apply to.

Liability of guardian for im- Marryatt v. Riley, 2 Abb. New Cas.
proper investments. Torry v. Fra- 119.

zer, 2 Redf. Surr, 486.

Liability for breach of covenant.

Payment to parent of minor Armstrong v. Wing, 10 Hun, 520.

legatee, not authorized, without

guardianship and bond. Savage
v. Olmstead, 2 Redf. Surr. 478.
Powers of guardian to assent to
distribution. Carman v. Cowles,
2 Redf. Surr. 414.

HIGHWAYS.

Right of persons with defective
sight to travel in. Peach . City
of Utica, 10 Hun, 477.

An unauthorized continuance of

Investments by guardians. Mat- obstruction of, a nuisance. Moore

ter of Teyn, 2 Redf. Surr. 306.

v. Jackson, 2 Abb. New Cas. 211.

HOMICIDE.

Commissioners of highways not
agents of town. People ex rel.

Defined and punished. L. 1876,

Van Keuren v. Auditors of Esopus, p. 317, c. 333.

10 Hun, 551.

While committing felony. Dolan

Meaning of "sidewalk” in a v. People, 64 N. Y. 485; 6 Hun,
covenant; width of, not judicially 232.

noticed. Porter v. Waring, 2 Abb.

New Cas. 230.

HOTELS.

Proprietors to guard bathing

Sidewalks protected. L. 1876, places. L. 1877, p. 485, c. 427.

p. 322, c. 340.

Supervisors to levy arrearages of
of highway tax. L. 1877, p.
216,
c. 197, am'd'g 1 R. S. c. 16, tit. 1,
art. 3, § 50.

Married woman exclusive occu-
pant of real property. Porter v.
Railroad companies may com- McGrath, 41 Super. Ct. (J. & S.)
mute for highway labor. L. 1877,
p. 357, c. 344.

Notice of hearing appeal and
order by two of three referees.
People ex rel. Becker v. Burton, 65
N. Y. 452.

Inspection of turnpikes and
plankroads by highway commis-

84.

Agency of husband for wife;
power to fill blank in mortgage.
Smith v. Fellows, 41 Super. Ct. (J.
& S.) 36.

Agency for purpose of drawing
from savings bank. Allen v. Wil-

sioners. L. 1877, p. 171, c. 164, liamsburgh Savings Bank, 2 Abb.
am'd'g L. 1873, c. 440. L. 1877, New Cas. 32.

p. 507, c. 440: L. 1876, p. 81, c.
102, p. 427, c. 416.

Equitable title of wife against

Order directing removal of en-Smith, 9 Hun, 514.

croachment; form of, when signed Liability of wife for considera-
by only two. Phillips v. Schu-tion received by her.
maker, 10 Hun, 405.

Spencer v.

Humiston, 9 Hun, 71.

Promissory note of wife-what Demurrer. Barnesciotta v. People,
constitutes benefit to separate 10 Hun, 137.

estate. Willsey v. Hutchins, 10 Plea in abatement; defect of
Hun, 502.
grand jury. Dolan v. People, 64

Married woman's liability on N. Y. 485; 6 Hun, 232.
indorsement. Gfroehner v. Mc-

Carty, 2 Abb. New Cas. 76.

INFANTS.

Estate of married woman not] Infant's liability for fraud.
liable for personal medical attend- Hewitt v. Warren, 10 Пun, 560.

ance. Webber v. Spaunhake, 2
Redf. Surr. 258.

Intention to charge separate es-

tate may be shown aliunde.

wood v. Archer, 10 Hun, 73.

Petition and conveyance. Cole

v. Gourlay, 9 Hun, 493.

Mortgage is a sale within the
Battell v. Torrey, 65 N. Y.

Sher-act.

294.

Circumstantial evidence of in-

tent to charge separate property.

INJUNCTION.

Against false trade

circular

Conlin v. Cantrell, 64 N. Y. without injury. Briggs . Vick,

217.

Wife's action against husband
for expense of separate support.
Pierce v. Pierce, 9 Hun, 50.

65 N. Y. 569.

Against obstruction of lights.
Shipman v. Beers, 2 Abb. New Cas.

435.

wife's Against court-martial. Perault
Rey-v. Rand, 10 Hun, 222.

Husband's recovery for
services to sick boarders.
nolds v. Robinson, 64 N. Y. 589.

INDEMNITY.

What is breach of indemnity to

At suit of judgment creditor
against waste. Vandemark .
Schoonmaker, 9 Iun, 16.

Against building, not granted

sheriff, on seizure of goods. John-in case of doubt. Clark v. N. Y.
son v. Gilbert, 9 Hun, 469.

INDICTMENT.

Of crimes committed on rail-
roads. L. 1877, p. 179, c. 167.
For homicide while engaged in
felony. Dolan v. People, 64 N.
Y. 485; 6 Hun, 232.

For obscene writing. People v.
Hallenbeck, 2 Abb. New Cas. 66.

Life Ins. & Trust Co., 64 N. Y.
33: 7 Lans. 322.

When allowable for obstruction
of canal or water-way, by cleva-
tors, &c. People v. Horton, 64 N.
Y. 610; 5 Hun, 516.

To restrain cutting timber, not
granted for mere threats. Griffin
v. Winne, 10 Hun, 571.

Consent of owner to use of high-
way by railroad company. Mur-

For perjury, and variance there-
under. Harris v. People, 64 N. Y. dock v. Prospect Park, &c. R. R.
148; 4 Hun, 1.
Co., 10 Hun, 598.

Age of prisoner, when material.
People ex rel. Ziegler v. Justices of

Owner assessed may enjoin as-
sessment when others are omitted..

Special Sessions, 10 Hun, 224. Hassen v. City of Rochester, 65
Misnomer. Plea in abatement. N. Y. 516; 6 Lans. 185.

Illusory or sinister purpose of Burnet v. Bookstaver, 10 Hun,
action. Hull . Ely, 2 Abb. New 481.
Cas. 440.

Reference to ascertain damages
under, what it determines. Palmer
v. Foley, 2 Abb. New Cas. 191.
Reference to ascertain damages,
when allowed. Waterbury
Bouker, 10 Hun, 262.

v.

Proceedings for sale of real es-
tate. Matter of Valentine, 10
Hun, 83.

Insanity of party, a ground for
refusing order for examination be-
fore trial. Mason v. Libbey, 2 Abb.
New Cus. 137.

Care and management of the in-
sane. L. 1876, p. 265, c. 267.

INSURANCE.

I. GENERAL PRINCIPLES.
Written application, when an act
of the company. Taylor v. Mutual
Benefit Life Ins. Co., 10 Hun, 52.

Application for, when company
estopped as to erroneous answer.
Higgins v. Phoenix Mut. Life Ins.
Co., 10 Hun, 459.

Agent acting for company; when
company estopped by acts of agent.
Gates v. Penn. Fire Ins. Co., 10
Hun, 489.

Effect of answering falsely in a
form directed by agent distin-
Damages cannot be awarded, guished from informing the agent,
except under the undertaking. and of answers modified by him.
What items recoverable. Remedy Baker v. Home Life Ins. Co., 64
only by action, and reference only N. Y. 648.

after judgment. Lawton v. Green,
64 N. Y. 326; 5 Hun, 157.

INNKEEPERS.

Effect of the act of 1866: evi-
dence and burden of proof. Fau-
cett v. Nichols, 64 N. Y. 377.

See EXCISE; HOTELS.

INQUEST.

Not taken on verified pleadings,
for want of affidavit of merits. L.
1876, p. 455, c. 431.

INSANE PERSONS.
Insane-cannot bring ejectment.

Application not brought home
to the company, not part of the
policy. Vilas v. N. Y. Central Ins.
Co., 9 Hun, 121.

Waiver of clause requiring writ-
ten consent. Pechner v. Phoenix
Ins. Co., 65 N. Y. 195.

Power of agent to waive condi-
tion. Pechner v. Phoenix Ins. Co.,
65 N. Y. 195.

Local agent not authorized to
waive condition as to proofs. Van
Allen v. Farmers' Joint Stock Ins.
Co., 64 N. Y. 469; 4 Hun, 413.