་

5 A valid title to an unindorsed check as a chose in action may be created by delivery thereof by the payees without indorsement.

Id.

6 Although its consideration may have been illegal, a check is valid in the hands of a bona fide holder for value before it is dishonored, and without notice. Cowing v. Altman. 516 7 The date of a check is only presumptive evidence of the time it was issued; it has no inception until its delivery, and this may be proved.

CIVIL DAMAGE ACT.

Id.

sponsible for the enhanced value over the cost of reproducing the securities, Quære. ld.

3 The owner of a vessel which has been chartered for a voyage by another party, but which is manned, equipped and sailed by him, is liable to a shipper for the safe carriage of freight for the voyage; but where the freight is delivered by the shipper to the charterer, who turns it over to the master, and is by the master delivered to the consignees of the charterers, such delivery is sufficient to excuse the general owners from liability for loss. Robinson v. Chittenden et al. 40

4 Where a common carrier gives a receipt lim1 Where a husband became intoxicated. and iting its liability to a specific sum, if the value by reason thereof upset a wagon seat on which of the goods is not stated, the disclosure of his wife was seated, thereby throwing her to the value is a condition precedent to the atthe ground and injuring her. Held, That the taching of any liability to the carrier for mereintoxication was the proximate cause of the ly ordinary neglect unaccompanied by any injury. Relyea v. Norris. 343 misfeasance or wilful act. Magnin et al. v. Dinsmore. 104

2 An action under the Civil Damage Act may be maintained, although the liquor was sold under a valid license. Id. 3 Compensation for the pain endured may be included in the assessment of damage. Id.

4 Where it appeared that plaintiff's husband, who was the sole support of a family, became injured while in a state of intoxication, so that he was unable to labor for some time, during which plaintiff was destitute, and suffered for want of food and fuel. Held, Sufficient to establish the fact that plaintiff had been injured in person, property and means of support within the meaning of the Civil Damage Act. Quain v. Russell. 546

5 A license from the Board of Excise to sell
intoxicating liquors is no bar to an action
under the Civil Damage Act, but is admissible
in mitigation of damages.

CLOUD UPON TITLE.
See ASSESSMENTS, 13; EXECUTIONS, 4.

COMMISSIONERS OF DEEDS.
See AFFIDAVITS.

Id.

7 Payment of freight money for goods cannot be demanded of a consignee, or he be sued therefor, until they are discharged, ready to be com. pletely delivered to him. Notice of the readiness of the master to deliver, and not knowledge of the vessel's arrival and that she is discharging, is the operative fact for maintaining an action against the goods or consignee for non-payment of freight. Delivery and receipt Dunham, exrx., et al. v. 1255 Vitrified Pipes et of the freight are simultaneous acts.

al.

194

10 When the bill of a lading of goods shipped by canal-boat provides that the goods shall be held on the boat for ninety days after arrival, at a stipulated compensation, if the consignee so elects, the liability of the owner of the boat as a carrier ceases on the arrival of the boat at its destination with its cargo in good order ready for delivery, and notice to the consignees and their election not to remove the cargo. Putnam v. Furman et al. 314

11 The bill of lading is competent evidence against the consignees. id.

12 A stock release does not release a railroad company from liability for a loss resulting from its own negligence or that of its employees. Mynard et al. v. The S., B. & N. Y. RR. Co.

432 9 Where a corporation had a right to lay its 13 Common carriers of animals are excused tracks in the streets of a city prior to January from liability for loss caused by inherent quak-1, 1875, such right was not affected by the conties of the animals, but beyond this their stitutional amendment which then took efcommon law liabilities exist the same as against fect. carriers of other property. Id.

Id.

10 A statute will not be declared invalid unless there has been a clear and substantial departure from the provisions of the fundamental law.

Id.

12 Where a statute was passed by the Legislature of a State relieving particular persons or

1 Where one person conspires with others to defraud a party and induces him to part with his property on the credit of one who is insol-particular articles from taxation. Held, That vent, he is liable for the damages sustained by the party defrauded. Morehouse et al. v. Yeager. 342

CONSTITUTIONAL LAW.

1 The Legislature may legalize the irregular or even void acts of commissioners appointed to condemn lands for public use. The People ex rel. Kilmer v. Cheritree. 65

2 Under $ 12, Art. 14 of the Constitution, the Legislature has power to abolish courts held by justices of the peace in cities. The People ex rel. White v. Common Council, &c. 70

3 Chapter 196, Laws of 1876, establishing the Municipal Court of the City of Rochester, and thereby in effect abolishing the office of justice of the peace in said city, is constitutional. Id. 4 The General Rapid Transit Act is constitutional. The validity of a law which is required to be general, and which is general in its terms, does not depend upon the number of subjects upon which it can operate, or upon the size of a class to which it applies. In re Petition of the N. Y. Elevated RR. Co.

243

5 The phrase "due process of law," in the 14th Amendment to the U. S. Constitution, does not mean by a judicial proceeding. McMillen v. Anderson. 245

6 A statute which recognizes the right of the tax payer to enjoin its collection, is due process of law, although it requires that the applicant for injunction shall give security. Id. 7 The Statute of Michigan, requiring every negotiable instrument given for the right to make, use or vend any patent invention, to have legibly written or printed on its face the words, given for patent rights," and providing that such instruments shall be subject to the same defenses in the hands of every holder as exist against the original holder, and making it a misdemeanor to knowingly sell a note given for such purpose and not so inscribed, is unconstitutional and void. Uranson v. Smith.

there was not a violation of the Act of Congress in relation to the taxation of the shares of stock in national banks. Adams et al. v. The Mayor, &c. 365

13 Chapter 482, Laws of 1862, and Chapter 422, Laws of 1863, are not in violation of the Constitution of the U. S. King et al. v. Greenaway et al.

535

114

3 The Act of 1832 (4 R. S., 454) has been superseded by 120 and 397 of the Code of Procedure. Alexander v. Dutcher et al. 4 A clause in a charter providing that all persons appointed thereunder shall, unless otherwise provided, hold during the pleasure of the person or body by whom they were appointed, applies only to officers appointed under the act. The People ex rel. Donohue v. French. 298 2535 The title of a local or private act is a part of

furnish the funds, and bear the loss, if any,
and if there are profits, B to receive four-fifths
and A one-fifth; A to manipulate the sales
and purchases, and no time for which such
adventure is to continue is specified, the con-
nection may be dissolved at the will of the
parties, and either may demand an account-
ing. Marston v. Gould.

187

14 Each party is liable to the other for losses
sustained by his misconduct or the misappli-
cation of the partnership funds.
1d.

15 A sale of the stock by one of the parties in
the usual way, and fairly and honestly made,
will bind the other, although such sale was
not avowedly made on joint account. Id.

other, for which there is no consideration, is
void upon general principles. McCafferty v.
Decker.
379

25 Where one, acting on the faith of a promise,
performs the conditions upon which it was
made, the promise attaches to the conditions so
performed and renders the promisee liable.
White v. Baxter.
385

26 Injury to a promisee is a good consideration,
even in the absence of benefit to the promisor.
ld.

27 Although a contract for the sale of personal
property is void under the Statute of Frauds,
if the goods are delivered and accepted, the
vendor is bound to pay for them at the con-
tract price. Barkley v. The R. & S. RR. Co.
390

16 An agreement between two parties to refer
to other persons a question as to the terms of
a trade, which provides that if either refuses
to abide by the decision, he shall forfeit a 28 Where a railroad company has leased its
specified sum to the other, is valid; the prom-road to another company, a receipt for a part
ise of each is a valid consideration for the
promise of the other; so also is the delivery
by each of his property to the umpires to be
valued. Parsons v. Taylor.
269
17 In such case the sum fixed is not a penalty,
but liquidated damages.
Id.

20 Where a mutual mistake is made by the

parties to a real estate contract, and deed
given thereunder, the contract and deed may
be cancelled, and the payments made thereon
recovered less the rent for the time of occu-
pancy. Dancer v. Rearick.

299

21 A contract between owners of adjoining lots

that they shall be reserved for first-class dwell-
ings, to the exclusion of trade and all business
and structures which would depreciate their
value as private residences, is valid and creates
a negative easement which will pass as appur-
tenant to the premises, although there was no
privity of estate between the parties. Trus
tees of Columbia College v. Lynch et al. 341
22 The mutual and reciprocal covenants in
such a contract constitute a good considera-
tion for both.
Id.

23 Where, after the execution of a contract,
and the entrance upon its performance by the
parties thereto, alterations are made in the
contract by the holder thereof, it is admissible
to prove such alterations, although not set
out in the complaint and reply. Wriges v.
Beauerle.

363

payment by the lessee, for goods delivered
after the lease, will not discharge the lessor
from its liability for the balance.
Id.

29 In order to sustain an action in equity for
the reformation of a contract, the plaintiff
must show either that a mistake has been
made by both parties to the agreement, so
that the intentions of neither are expressed in
it, or the mistake must be that of one party,
by which his intentions have failed of correct
expression, and there must have been fraud in
the other party, in taking advantage of that
mistake. Miaghan v. The Hartford Fire Ins.
Co.

407

31 Where the time of performance of a written

contract has been extended by an instrument
such extension to extend further, if requested,
in writing, the verbal promise at the time of
is not a legal extension, but mere evidence of
a disposition to oblige. Harway v. Lott. 440
32 An agreement between A and B, by which

A advances the amount due on a contract for
the purchase of land which he holds for the
benefit of B, and takes a deed in his own
name as security for the sum advanced, and
agrees to convey to B, upon repayment there-
of, is in no sense invalid, illegal or against
446
public policy. Bugbee v. Bugbee.
33 If there is no evidence of insolvency of B
at the time A takes the deed, it is error to
hold that the arrangement is a fraud upon B's
creditors, of which A can afterwards take
advantage and refuse to convey, simply be-
cause there is evidence that years before,
when the original contract for the purchase of
the property was made, B was so involved in
debt that he did not want to hold property in
his own name.
1d.

34 An agreement to pay for honest services,
performed in furtherance of fair and just legis-

24 A parol agreement to pay the debt of an- lation, is founded upon a good and sufficient