Evidence held to show sufficient compliance
with requirements of city charter that council See, also, "Carriers"; "Death by Wrongful

The fact that a great number of people had
crossed without accident the manhole covers
placed over a cable railroad track is not con-
Common council of Amsterdam has no power clusive evidence that the construction was safe.
to allow claim against city without first refer--Wood v. Third Ave. R. Co. (Sup.) 253.
ring it to auditing committee.-People v. Com-
mon Council of City of Amsterdam (Sup.) 59.

Where question of proper care in use of de- was not called through inadvertence of ceme
fective machinery is for jury.-Stott v. Church--Brigden v. Osman (Sup.) 1025.
ill (Com. Pl.) 476.

When new trial will not be granted on

It is not negligence as a matter of law for of newly-discovered evidence.-Baily v.
one in charge of child four years old to permit thal (Sup.) 1082.
him to be on public street unattended.-McVee
v. City of Watertown (Sup.) 870.

Notary Public.

One who indorses a note to give the maker See "Negotiable Instruments."
credit with the payee is liable to the payee.-
Bank of Port Jervis v. Darling (Sup.) 153.

Sending notice of protest by mail, addressed
to the estate of a deceased indorser at the place
where he resided, is sufficient.-Bank of Port
Jervis v. Darling (Sup.) 153.

Assignee of note may sue as real party in in-
terest.-Callahan v. Crow (Sup.) 225.

Assignment of bills against county for serv-
ices to be rendered as sheriff, though void, does
not affect a note as collateral security for which
the assignment was given.-Bowery Bank v.
Gerety (Sup.) 254.

Presentment for payment will be presumed
where note is owned by, and remains in, the
bank at which it is payable.-Dykman v. North-
ridge (Sup) 962.

Principal maker of note, who is also cashier
of payee, can legally protest the note as notary
public.-Dykman Northridge (Sup.) 962.

Surrender of old note is sufficient considera-
tion for indorser thereon to indorse renewal
note.-Dykman v. Northridge (Sup.) 962.
Indorser of note before delivery is presumed
to be liable as indorser subsequent to payee.-
Lincoln Nat. Bank of City of New York v. But-
ler (City Ct. N. Y.) 1112.

Newly-Discovered Evidence.

See "New Trial."

NEW TRIAL.

Costs on motion for, see "Costs."
When judgment is final, see "Judgment."

Rule that affidavits of jurors will not be con-
sidered to impeach verdict does not apply where
inconsistency between special findings of gen-
eral verdict appears on the face of general ver-
dict.-Kennedy v. Ball & Wood Co. (Sup.) 325.
Error of court in communicating with jury
not in presence of counsel is ground for new
trial, time for making which is not limited by
Code Civ. Proc. § 1002.-Kehrley v. Shafer
(Sup.) 510.

New trial on ground of newly-discovered evi-
dence will not be granted unless result of former
trial will probably be changed.-O'Harra v. New
York Cent. & H. R. R. Co. (Sup.) 567.

New trial is properly granted where verdict is
contrary to admitted facts to which attention

Notice.

Of defective condition of street, see “Munici
Corporations."

Of intention to sue city, see "Municipal Corje-
rations."

NUISANCE.

Measure of damages to tenant's use of
erty by nuisance is diminution of rental va
caused thereby during his term.-Yoos v. CIT
of Rochester (Sup.) 1072.

Tenant cannot recover damages caused to se
of property by nuisance which existed at begi-
ning of his term, and has not been increased-
Yoos v. City of Rochester (Sup.) 1072.

OFFICE AND OFFICER.

Of corporation, see "Corporations."
Of municipal corporation, see "Municipal Cor
porations."
of town, see "Towns."

Statute providing that bridge erected by state
to be operated at expense of town in which it
was situated does not authorize town to fix
compensation of bridge tender. - Gilligan
Town of Waterford (Sup.) 88.

Persons exempt from removal except for
cause, cannot be removed by abolishing the of
fice and devolving duties on other officials-
People v. City of Brooklyn (Sup.) 172.

Where request for resignation is in effect a
discharge.-Ryan v. City of New York (Sup)

See, also, "Accord and Satisfaction."

Of invalid assessment, action for, see "Munici-
pal Corporations."

Of premium on policy, see "Insurance."

Evidence held sufficient to sustain finding that
money given by plaintiff to defendants for cer-
tain purpose was not so applied. - Hamel v.
Culver (Com. Pl.) 5.

Payment of void assessment is voluntary
where there was no threat of sale under the
warrant. New v. Village of New Rochelle
(Sup.) 211.

When burden is on plaintiff to prove non-
payment.--Cochran v. Reich (Sup.) 233.

sur-

Where bonds secured by mortgage are
rendered to the maker for the purpose of being
reissued, such transaction will not discharge
the mortgage.-Pruyne v. Adams Furniture &
Manufacturing Co. (Sup.) 361.

An agent to sell goods, without having pos-
session of them, has no implied authority to col-
lect therefor.--Hahnenfeld v. Wolff (Com. PL.)
473.

Evidence held sufficient to establish payment.
-Humphrey v. Sweeting (Sup.) 967.

Evidence held admissible to show mutual mis-
take in making payment.-Beier v. Spaulding
(Sup.) 1056.

PENSION.

Land purchased by committee of lunatic with
pension money of the lunatic is exempt from
taxation, though title is taken in name of com-
mittee. People v. Williams (Sup.) 65.

Performance.

Amended or supplemental complaint is not
necessary to bring in as plaintiff successor in
interest of plaintiff who died pending action.—
O'Sullivan v. New York El. R. Co. (Super. N. Of contract, see "Contracts."
Y.) 16.

One who has parted with all interest in the
subject of a release cannot sue to reform it.-
Husted v. Van Ness (Sup.) 1043.

PARTNERSHIP.

When note executed in firm name after dis-
solution binds all members of late firm.-Sin-
clair v. Hollister (Com. Pl.) 460.

PERJURY.

In a prosecution for making a false affidavit
on appeal, evidence as to the outcome of the
case on appeal is inadmissible.-People v. Wil-
liams (Sup.) 511.

An indictment for perjury in making a false
affidavit in an action (Pen. Code, § 96) need
not allege that the affidavit was delivered to any
person to be uttered.--People v. Williams (Sup.)

Evidence of dissolution of partnership is not
admissible where party seeking to benefit there- | 511.

Personal Injuries.

See "Municipal Corporations."
To fireman, liability of city, see "Municipal
Corporations."

Physical Examination.

See "Damages."

Physicians and Surgeons.

When complaint may be amended on appe
so as to conform with proofs.-Davis v. Grz
Rapids Fire Ins. Co. (Super. Buff.) 792

It is not error to refuse to allow an am
ment on the hearing, changing the issues.—Ca
chois v. Proctor (Sup.) 957.

An order allowing amendment on paymet?
"disbursements" of other party means taxa
disbursements. - Van Allen v. Gordon (S

987.

An order imposing as condition of amendu...
payment of specified sum as costs is not ne
987.

Testimony by physician as to communication to sarily improper Van Allen v. Gordon (S)
patient, see "Witness."

PLEADING.

Action for libel, see "Libel and Slander."
Amended complaint to bring in new plaintiff,
see "Parties.'

Averment of cause of action at law, see "Ac-
tion."

In action for injuries inflicted by vicious dog,
see "Animals.'

In equitable actions, see "Equity."
Interposing false answers, see "Contempt."
Pleading judgment, see "Judgment."
Supplemental complaint to bring in new parties,
see "Pleading."

Allegation as te usury held insufficient as stat-
ing mere conclusion of pleader.-Chapuis v. Ma-
thot (Sup.) 835.

What are issuable facts in complaint based
on misconduct of another, or equities in favor of
plaintiff.-Oelbermann v. New York & N. Ry.
Co. (Sup.) 1096.

Complaint.

Courts have a liberal discretion in impess.
terms on which amendments will be allowed-
Van Allen v. Gordon (Sup.) 987.

Complaint describing plaintiff as president
a certain company may be amended by strik:
out the name of such person and the words
president of." the company being in fact a cor
poration.--Dean v. Gilbert (Sup.) 1004.
Bill of particulars.

In action for services, where defendant
leges breach of contract by plaintiff, he will b
required to furnish bill of particulars as to time
and place of such breaches.-Caziare v. Abras
French Co. (Sup.) 371.

When plaintiff, in action for breach of
tract, will be required to furnish bill of part
ulars as to the breach.-Roberts v. Safety BL
gy Co. (Sup.) 1094.

Variance.

In an action based on defendant's liability
a common carrier, recovery cannot be had base
on its liability as a warehouseman.-Wynantski.
Knitting Co. v. Murray (Sup.) 26.

When variance cannot be cured by amend

When complaint does not unite causes of
action in tort and on contract.-Zrskowski v. ment.-Shafarman v. Jacobs (Super. N. Y
Mach (Super. Buff.) 421.

Complaint by widow of defendant's employé
to recover a share of benefit fund established
by defendant and its employés held not to show
any liability on the part of defendant.-King
v. Lehigh Val. R. Co. (Super. Buff.) 786.

Complaint, though indefinite in stating cause
of action, held sufficient.-Smith v. Leo (Sup.)
949.

428.

Proof of contract made in February, 1888, 142
not a fatal variance where it was alleged t
have been made about September 1, 1887-
Reynolds Card Manuf'g Co. v. New York Bank
Note Co. (Sup.) 756.

PLEDGE,

Police Justice.

It is not an abuse of discretion to allow an
amendment setting up a cause of action that is
barred by the statute of limitations.-Rowell Abolishing office, see "Judge."
v. Moeller (Sup.) 223.

A court may allow an amendment to a com-
plaint adding a new cause of action.-Rowell
v. Moeller (Sup.) 223.

Policemen.

See "Municipal Corporations."

wer to vote corporate stock, see "Contracts"; On appeal, see "Appeal."
Corporations."

When power of sale to executor where for
neral purposes continues though trusts creat-
by the will fail.-Lindo v. Murray (Sup.) 231.
Power of attorney held not to authorize at-
rney to indorse and negotiate checks in name
principal.-M. Jacoby & Co. v. Payson (Sup.)

Failure to move for a dismissal or for the di- See "Malicious Prosecution."
ection of a verdict at the close of the case is
waiver of the insufficiency of the evidence to
co to the jury.-Griffith v. Staten Island R. T.
. Co. (Sup.) 157.

Proceeding to trial without objection after
merger of cause of action, is a waiver of the
nerger.-Freudenheim v. Raduziner (Com. Pl.)

Wages of employés, operators, and laborers of To vote corporate stock, see "Contracts"; "Cor-
insolvent corporation, see "Corporations."