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benefit, held of no validity until transferred.

Sabine v. Paine, 151 N, Y. S. 735.

(F) Validity. § 47 (N.Y.Co.Ct.) Where a defendant, after being brought before a magistrate on a warrant, impeached for fraud, notes given in considera

$ 103 (N.Y.Sup.) Where an account stated is offers to give the undertaking required by Code tion of the account may be avoided. --Stiebel v. Cr. Proc. $ 844, the magistrate should accept Lissberger, 151 N. Y. Š. 822. such undertaking, though the warrant was not indorsed as provided by Code Cr. Proc. $ 843.People ex rel. Savey v. Finnell, 151 N. Y. s. V. RIGHTS AND LIABILITIES ON IN780.


(B) Indorsement for Transfer.

$ 296 (N.Y.Sup.) A maker's indorsement of § 18 (N.Y.Sup.) A member of a fraternal benefit association, who had received a refund of a and lends no strength thereto.-Sabine v. Paine,

a note is a mere warranty of his own contract, portion of his dues in lieu of sick benefits, can- 151 N. Y. S. 735. not question the validity of a by-law denying sick benefits to nonresident members.-Mistretta

(D) Bona Fide Purchasers. v. Familiar Ass'n of Mut. Benevolence, 151 N. Y. S. 518.

§ 335 (N.Y.Sup.) The maker of a negotiable BENEFICIARIES.

instrument has the right to impose conditions,

and one taking with knowledge that it has been See Insurance, 88 585-587.

diverted from the condition imposed cannot

recover.-Baruch v. Buckley, 151 N. Y. S. BENEFITS.


Plaintiff, who partly paid for a note before See Beneficial Associations, $ 18.

informed by the indorser that it was issued in

breach of a condition, could recover from the BEQUESTS.

indorser amounts already advanced, but not See Charities, $ 19; Wills.

sums paid thereafter.-Id.

8 337 (N.Y.Sup.) Under Negotiable Instruments BEST AND SECONDARY EVIDENCE. Law, $s_94–98, a holder of a negotiable instru

ment, transferred by one guilty of breach of See Evidence, § 185.

faith, is chargeable with what he would have

discovered on inquiry, where the facts should BILL OF EXCHANGE.

have led him to inquire.-Interboro Brewing

Co. v. Doyle, 151 N. Y. S. 325. See Bills and Notes.

$ 337 (N.Y.Sup.) That the maker of a note BILL OF LADING.

was a person of slight means, or was financially

embarrassed, is not notice to a purchaser that See Carriers, § 83.

defendant's indorsement was subject to condi

tions.-Baruch v. Buckley, 151 N. Y. S. 853. BILL OF PARTICULARS.

$ 354 (N.Y.Sup.) Where a note is a valid obliSee Pleading, § 327.

gation, a third person may purchase it for less

than its face, though the price is a circumstance BILLS AND NOTES.

bearing on the bona fides.-Sabine V. Paine,

151 N. Y. S. 735. See Alteration of Instruments, 88 27, 29; Banks 8 363 (N.Y.Sup.) Though the transferee of a

and Banking, $f 118, 145; Bonds, & 99; note was negligent in taking it, bis title will Courts, 895; Evidence, $ 423; Fraud, $$ prevail, in the absence of bad faith or actual 46, 58; Mortgages, § 298; Payment, § 86; notice of a defect therein.-Sabine v. Paine, Principal and Agent, § 177; Usury, $ 22. 151 N. Y. S. 735. I. REQUISITES AND VALIDITY.

$ 376 (N.Y.Sup.) Under Negotiable Instrn

ments Law, § 96, the defense of usury held not (A) Form and Contents of Bills

of Ex- available against a bona fide holder for value change, Drafts, Checks, and Orders.

in due

and before maturity.-Ernst § 26 (N.Y.Sup.) Where defendant executed Oeser & Co. v. Behrend, 151 N. Y. S. 873. her note for $2,100 to her agent to be sold, and he sold it for $1,850, the transfer was a loan

VI. PRESENTMENT, DEMAND, NOat a usurious rate, which rendered the note

TICE, AND PROTEST. void, under General Business Law, $ 373, notwithstanding the Negotiable Instruments Law. $ 421 (N.Y.City Ct.) Under Negotiable Instru-Sabine y. Paine, 151 N. Y. S. 735.

ments Law, 88 176, 179, a notice of dishonor

addressed to any address other than the one (C) Execution and Delivery.

given on the note was not "duly addressed."8 63 (N.Y.Sup.) A note executed by defend- Century Bank of City of New York v. Breit. ant to her agent, that he might sell it for her bart, 151 N. Y. S. 588.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER




$ 437 (N.Y.) The certification of a check at $ 99 (N.Y.Sup.) Under Negotiable Instrurequest of the holder relieves the drawer; the ments Law, 88 91-96, third persons to whom un. certification being equivalent to an acceptance, matured bonds, payable to bearer, were pledged under Negotiable Instruments Law, $ 324. by one in possession thereof, who represented Carnegie Trust Co. v. First Nat. Bank of City that he was the owner, acquired title free from of New York, 107 N. E. 693, 213 N. Y. 301. any claim of the owner.-Interboro Brewing

Co. v. Doyle, 151 N. Y. S. 325. VIII. ACTIONS. $ 493 (N.Y.Sup.) Where plaintiff proved de

BOOKS. fendants' signatures, demand for payment, and refusal, in a suit on notes reciting value receiv- See Evidence, $ 147. ed," a' dismissal of the complaint, because in answer defendants alleged lack of consideration,

BOUNDARIES. while plaintiff proved none,

is error.-Paul Gerli & Co. v. Doorly, 151 N. Y. S. 574.

See Evidence, $ 81. $ 497_(N.Y.Sup.) Under Negotiable Instruments Law, $$ 94-98, a holder of a negotiable II. EVIDENCE, ASCERTAINMENT, AND

ESTABLISHMENT. instrument, tiansferred by one guilty of breach of faith, must prove that he acquired title in $ 42 (N.Y.) In trespass raising a question of due course.-Interboro Brewing Co. v. Doyle, the boundary of the Effingham Lawrence patent 151 N. Y. S. 325.

of 1792, in Clinton county, the findings in the $ 497 (N.Y.Sup.) On proof that indorsement decision held to support the judgment for deof note by corporation was for maker's accom- fendants.-People v. Santa Clara Lumber Co., modation, burden held shifted to plaintiff to 107 N. E. 495, 213 N. Y. 226. show that he was a holder for value without notice.-Abbott v. Le Prevost, 151 N. Y. S. BREACH OF THE PEACE. 616. $ 498 (N.Y.City Ct.) Under Code Civ. Proc. 8

8 ! (N.Y.Sup.) One speaking to a juror during 923, and Negotiable Instruments Law, $ 176, the trial of a third person, and stating that it was a holder of a note held put to his coinmon-law frame-up, held not guilty of disorderly conduct proof that the notice of dishonor was duly ad-tending to a breach of the peace, in violation of dressed to the indorser who filed an affidavit Consolidation Act, 8 1459.-People v. Dorsch, denying receipt of such notice.-Century Bank 151 N. Y. S. 668. of City of New York v. Breitbart, 151 N. Y. S. 588.

BRIDGES. $ 504 (N.Y.Sup.) In an action on a note, tes: See Estoppel, $ 62; Municipal Corporations, § timony by plaintiff as to the circumstances of 220; Navigable Waters, $ 20. its indorsement to him held material to meet the defense of indorsement for accommodation. -Rukeyser v. Inselmann, 151 N. Y. S. 510.

BROKERS. $ 518 (N.Y. Sup.) In an action on a note, evi. See Banks and Banking, $ 112; Gaming, $$ 11, dence held insufficient to sustain an indorser's 12; Insurance, $$ 103-108; Payment, $ $6. defense that he indorsed the note for the accommodation of plaintiff.-Rukeyser v. Inselmann, III. DUTIES AND LIABILITIES TO 151 N. Y. S. 510.

PRINCIPAL. $ 526 (N.Y.City Ct.) In an action against the $ 31 (N.Y.Sup.) The effect of a purchase by maker and indorser of a note, evidence held not a broker of the stocks of a customer is to rento show that the notice of dishonor was address- der the transactions void, as if no sale had been ed to the indorser at the address given on the made ; but the customer may treat the sale as note.-Century Bank of City of New York v. valid. -Stiebel v. Lissberger, 151 V. Y. S. 822. Breitbart, 151 N. Y. S. 588.

$ 38 (N.Y.Sup.) In action for broker's con

version of stock after tender and refusal to deBOARD.

liver, customer held entitled to the difference See Municipal Corporations, s 205; Schools leged sale and date of tender.-Stiebel v. Liss

between market prices of stock at date of aland School Districts, § 63.

berger, 151 N. Y. S. $22. BONA FIDE PURCHASERS.

IV. COMPENSATION AND LIEN. See Bills and Notes, $S 335–376; Vendor and 8 53 (N.Y.Sup.) A broker, to recover commisPurchaser, $ 232.

sions, must show that he was the procuring

cause of the sale, though he need not show that BONDS.

he actually brought the parties togethen or was

present when the sale was made.-Freedman v. See Appeal, $ 1232; Banks and Banking, SS 4, Epstein, 151 N. Y. S. 988.

112; Carriers, § 252; Corporations, $ 482; $ 60 (N.Y.Sup.) Under plaintiff's contract for Execution, $$ 407, 448; Guardian and Ward, a percentage of stocks and holdings acquired by $,15; Injunction, $ 137; Judgment, $ 703; defendant. the right to such percentage dependMortgages, 4,464; Principal and 'Surety; ed on defendant's acquisition of the stock, and Railroads, 8 142.

merely that defendant had a right thereto did

not entitle to the percentage.-Rodgers v. Mc. 1 representations actually false.-Bloomquist v. Loughlin, 151 N. Y: S. 999.

Farson, 151 N. Y. S. 356. $61 (N.Y.Sup.) A broker procuring a purchascr, who contracts with the owner, has earned his

CARRIERS. commission, though the purchaser refuses to complete the contract because of an outstanding

L. CONTROL AND REGULATION OF mortgage.-Braune v. Henrichs, 151 N. Y. S.


(A) In General. V. ACTIONS FOR COMPENSATION. § 12 (N.Y.Sup.) Where defendant street rail.

$ 82 (N.Y.Sup.) Plaintiff, entitled to percent- road company owned and operated several lines age on stocks acquired and received by defend- under separate grants, it cannot be considered ant, on complaint averring that defendants as a connecting carrier when transporting pas“had acquired and received, or became legally sengers from one of its lines to another.-Rayand duly entitled to acquire and receive," could nor v. New York & L. I. Traction Co., 151 N. not recover, since the case made was no strong. Y. S. 417. er than its weakest alternative.-Rodgers v. The prohibition against charging more than McLoughlin, 151 N. Y. S. 999.

five cents for five miles, included in one of the $ 86 (N.Y.Sup.) Evidence held not to show the grants of the New York & Long Island Tracgood faith necessary to entitle plaintiff, who was

tion Company is limited to its services as a employed by a lessee to procure a lease, to re- connecting carrier.-Id. cover a commission from the lessor.-Gulick v.

Where the defendant street railroad company Investors' Estates Corporation, 151 N. Y. Si as a connecting carrier could charge 10 cents 513.

between two points, it may charge that amount § 86 (N.Y.Sup.) Evidence held not to show for transportation originating on another of its that a broker was the procuring cause of a sale,

own lines, though it be considered as operatso that he could not recover commissions.

ing connecting lines.-Id. Freedman v. Epstein, 151 N. Y. S. 988. $ 88 (N.Y.Sup.) In broker's action for com

II. CARRIAGE OF GOODS. missions against dummy, holding title for con- (C) Custody and Control of Goods. venience of his brother, who negotiated with the broker, instructions held erroneous, as mak

876 (N.Y.Sup.) A bailee, delivering goods to ing the dummy personally liable on his broth

a carrier for transportation to the bailor, may er's contracts as a matter of law.-Rubin v. enforce the liability of the carrier for a loss of Ernst, 151 N. Y. S. 849.

the goods.-Litzenberg v. Cole, 151 N. Y. S.


(D) Transportation and Delivery by


$ 83 (N.Y.Sup.) Letter to carrier asking it to

forward shipment beyond original destination $9 (N.Y.Sup.) Breaking out of a building was without delay, held to have relieved it from lianot burglary at common law.–People v. Toland, bility for delivering the shipment without sur151 N. Y. S. 482.

render of the bill of lading.--Miles Mfg. Co. v. The opening of a closed outer door is a suffi-| North German Lloyd S. S. Co., 151 N. Y. S. cient breaking in burglary.-Id.

881. To break out of a building through a door

(F) Loss of or Injury to Goods. closed after entrance by the defendant himself held not to constitute burglary under Penal

$ 112 (N.Y.Sup.) Carrier, undertaking to deLaw, $ 404, subd. 2.-Id.

liver on diversion order, providing that it should not be liable for damages from failure to carry

out order, unless due to its gross negligence, BY-LAWS.

held not liable on mere proof of failure to deSee Insurance, $ 739.

liver, without evidence of gross negligence.-Lowenthal v. Pennsylvania R. Co., 151 N. Y. S.


$ 115 (N.Y.City Ct.) Where fruit was replevSee Deeds, $ 196; Fraudulent Conveyances, fied from the carrier and sold at an inadequate 95; Mortgages, 239; Quieting Title.

price without notice to the consignee, and the

carrier stipulated that the proceeds should be II. PROCEEDINGS AND RELIEF.

paid to the plaintiff in replevin and the bond

canceled, held, that the carrier was liable.-Mar$ 37 (N.Y.Sup.) Party suing to rescind held torana v. Baltimore & 0. R. Co., 151 N. Y. S. bound to offer in his complaint to restore the 840. thing received by him and be prepared to make tender at the trial.-Hedges v. Pioneer Iron III. CARRIAGE OF LIVE STOCK. Works, 151 N. Y, S. 495.

$ 217 (N.Y.Sup.) Under contract for trans$45 (N.Y.Sup.) A party, suing to rescind a portation of horses, shipper accompanying them contract as induced by fraudulent representa- held bound to open ventilators, or cause it to tions, need only prove the making of material I be done, and, not having done so, the carrier

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER


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was not liable for injuries from lack of ventila

CHARITIES. tion.-Haner v. Fargo, 151 N. Y. S. 913.

$ 218 (N.Y.Sup.) Whether carrier, confining See Mandamus, § 96; Municipal Corporations, horses without food, water, and rest for more

$$ 408, 434. than 36 hours, in violation of Act Cong. June 29, 1906, § 1, was liable to the federal authori. I. CREATION, EXISTENCE, AND VA.

LIDITY. ties, held, that its contract relieved it of liability to the shippers.-Haner v. Fargo, 151 N. Y. S. § 19 (N.Y.Sup.) Under Personal Property 913.

Law, $ 12, relating to bequests for religious or $ 228 (N.Y.Sup.) Evidence held insufficient to benevolent uses, bequest to the "Methodist fupport finding that delay in transportation of Episcopal Church for missionary or evangelistic horses caused contagious pneumonia, assuming purposes" held valid as a bequest intended for that carrier was negligent.-Haner' v. Fargo, "Trustee of the Methodist Episcopal Church." 151 N. Y. S. 913.

--In re Spence's Estate, 151 N. Y. S. 292. IV. CARRIAGE OF PASSENGERS.

CHATTEL MORTGAGES. (A) Relation Between Carrier and Pas

See Assignments for Benefit of Creditors, $$

179, 234, 240. $ 234 (N.Y. Sup.) A passenger's action for in V. RIGHTS AND REMEDIES OF juries occurring in New Jersey is governed by

CREDITORS. the New Jersey law, though brought in New York.-Haus v. Erie R. Co., 151 N. Y. S. 919.

$ 187 (N.Y.Sup.) A chattel mortgage on a $ 247 (N.Y.Sup.) A passenger held not to be stock of merchandise in possession of the mort

gagor, continuing the business with knowledge come only a licensee in attempting to alight on the wrong side of the train, where she was itors.-Baillargeon v. Dumoulin, 151 N. Y. S.

of the mortgagee, is fraudulent as against credthrown from the train before alighting.-Haus 112. v. Erie R. Co., 151 N. Y. S. 919.

CHECKS. (B) Fares, Tickets, and Special Contracts.

See Bills and Notes. 8 252 (NRY.Sup.) Laws 1914, c. 369, 8 500, which repeals Laws 1910, c. 348, as amended

CITIES. by Laws 1911, c. 393, authorizes canceling a bond given under the 1910 law and requiring a See Municipal Corporations. return of collaterals, but does not authorize such an order as to a bond given under Laws

CLAIMS. 1907, c. 185, as amended by Laws 1908, c. 479. -In re Kovacs, 151 N. Y. S. 232.

See Executors and Administrators, 88 221, 281;

Municipal Corporations, $ 1002.

See Dedication, $ 20.

See Quieting Title. $ 15 (N.Y.Sup.) Any one or more of the members of a family who were interested in rights the family had acquired in land as a family

COMMERCE. cemetery could maintain an action to restrain

II. SUBJECTS OF REGULATION. interference therewith.–Lay v. Carter, 151 N. Y. S. 1081.

8 27 (N.Y.) An engineer switching coal cars

transported from another state on the road's CERTIFICATE.

own track to a trestle for unloading is engaged See Bills and Notes, $ 437; Receivers, $ 128; ers" Liability Act.-Barlow v. Lehigh Valley

in interstate commerce within federal EmployRecords, $ 9.

R. Co., 107 N. E. 814, 214 N. Y. 116.

See Mandamus, $ 101.


COMMISSION AND COMMISSIONERS. $ 7 (N.Y.Sup.) Real Property Law, $ 260, makes a grant to one not in possession void only See Eminent Domain, $8. 155, 186, 227, 231. as against the party in possession, but does

246, 253, 262; Municipal Corporations, & not affect its validity as between the parties to 495-503; Navigable Waters, Š 37; Quieting the deed.-Hennig v. Smith, 151 N. Y. S. 444. Title, $ 19.


See Brokers, 88 53, 86, 88; Executors and AdSee Venue, $850–68.

ministrators, § 490. CHARGE.

COMMON CARRIERS. To jury, see Trial, $8 210-295.

See Carriers.

§ 47 (N.Y.Sup.) It is not necessary that there COMMON LAW.

be independent proof of a conspiracy before acts

can be proven in furtherance of it, but the same See Burglary, § 9; Homicide, 8 118.

evidence may establish both a conspiracy and COMMUNICATION.

the overt acts charged.-People v. Dunbar Con

tracting Co., 151 N. Y. S. 164. See Witnesses, § 206.

Evidence establishing a conspiracy and the

overt acts charged may be wholly circumstanCOMPENSATION.


In a prosecution for conspiracy to defraud the See Assignments for Benefit of Creditors, 8 state by omission to perform labor and furnish 390; Attorney and Client, 88 140-189; Con material required by a state contract, evidence tracts, $ 229; Eminent Domain, $s 101-155, held to sustain a conviction.-Id. 231; Executors and Administrators, $$ 490, 194; Master and Servant, $868-80; Mu

CONSTITUTIONAL LAW. nicipal Corporations, $ 220; Sheriffs and Constables, § 39.

See Appeal, $ 1091; Municipal Corporations, &

123, 129, 205; Officers, § 57; Taxation, 8 COMPOUNDING FELONY.

674; Witnesses, &$ 293, 304, 305. See Estoppel, $ 58.



STITUTIONAL PROVISIONS. See Death, $ 9; Release.

8 45 (N.Y.Sur.) The surrogate will not con

sider the constitutionality of a provision of the CONDEMNATION,

Tax Law, under which the Court of Appeals

has authorized the imposition of a tax.-In re See Eminent Domain.

Whitewright's Estate, 151 N. Y. S. 241.


FACTO LAWS. See Carriers, $ 234.

$ 197 (N.Y.Sup.) Tax Law, 88 265, 266, held

not violative of the federal Constitution, prohibCONNECTING CARRIERS. iting any state from passing an ex post facto

law.-People v. Park Row Realty Co., 151 N. See Carriers, 8 12.

Y. S, 804.

See Executors and Administrators, $ 17.

See Deeds, $$ 105–158; Insurance, $$ 163, 171 ;

Mortgages, 151; Statutes, $8181–241; CONSIDERATION.

Wills, 88 439-707. See Assignments for Benefit of Creditors, 88 234,

CONTEMPT. 240; Bills and Notes, $ 493; Contracts, $8 54– 75; Fraudulent Conveyances, $ 95.

See Appeal, 1232; Criminal Law, $ 423;

Execution, $ 418.

CONTINGENT REMAINDERS. See Railroads, s 142.

See Wills, $$ 634-636.

CONTINUANCE. See Corporations, $ 529; Criminal Law, $ 422, See Criminal Law, $ 594; Justices of the Peace, 423; Lis Pendens, $15.


$ 20 (N.Y.Sup.) Where defendant's counsel

was engaged in a trial in another court when (A) Offenses.

the case was called, defendant was entitled to an 8 23 (N.Y. Sup.) One of two parties, indicted adjournment.-Miller v. Mayer, 151 N. Y. S. for a conspiracy, cannot be convicted unless the 236. other party was also guilty, so that it is necessary to prove the guilt of both in order to sus

CONTRACTS. tain a conviction.- People v. Hamilton, 151 N. See Alteration of Instruments ; Appeal, 8 Y. S. 125.

1056; Assignments, $ 23; Bailment; Bills

and Notes; Bonds ; Brokers, $8 60, 61; Can(B) Prosecution and Punishment.

cellation of Instruments; Carriers, $ 217; $ 47 (N.Y.Sup.) In a prosecution under Penal Champerty and Maintenance; Chattel MortLaw, $ 580, for conspiracy, circumstantial evi gages; Corporations, 88 76, 79, 406; Counties, dence would warrant the finding that one of the § 122; Courts, $ 23; Covenants; Damages, defendants conspired with the other defendant. š 189; Deeds ; Evidence, 88 419_452; Execu-People v. Hamilton, 151 N. Y. S. 125.

tors and Administrators, § 96; Frauds, StatFor cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER

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