« 이전계속 »
which they possessed before the passage of upon default, a motion made on behalf of
376 his landlord with collusion with holder of
the mortgage to obtain its foreclosure, in or-
v. Stokes et al.
2 Where the keys of the premises have been
sent to the lessor without his request or as-
agent individually, he alone is liable on the
covenants in such lease. Kiersted et al. v. The
5 The fact that the corporation furnished the
money to the agent to pay the rent does not
a new agent, who takes possession of the prem-
ises, there is no surrender, but the corporation
580 possession under it for more tban a year it be-
comes a tenancy from year to year. Dorr v.
8 A verbal notice that the tenant will leave the
premises by the end of the year is not suffi-
mal notice sufficient where the tenant con-
tinues in possession of any portion of the
251 9 A clause in a lease which provides that the
lessor shall have a lien as security for the pay-
in case of non-payment of the rent, to take
and sell such property in same manner as in
10 One who was a special partner in the firm sheriff's deed on an execution sale on said which leased the premises, and who, on the dis- judgment is subsequent to such mortgage. solution of the firm, purchases the property, Frost v. The Yonkers Savings Bk.
162 takes it subject to the lease, and cannot maintain an action of trover against the lessor for See ATTORNEYS, 1, 3, 4; LEASE, 9; MORTsubsequently taking the property under the GAGE, 18, 19, 20, 31 ; TRUSTS, 6; VESSELS, chattel mortgage clause in the lease. Id. 4, 5; WILLS, 27. 11 Where a lease provides that in case the premises are destroyed by fire the lessor sball
LIFE INSURANCE. rebuild, and that in case he does not do so
1 A note given by the insured in payment of within a specified time, the lease shall cease, premium, although not paid at maturity, is an if the lessee so elects, the lessee's remedy for adequate consideration to issue a policy of in. damages is complete upon the lessor's failure
surance. Shaw v. The Republic Life Ins. Co. 2 to rebuild. Ganson v. Tifft.
2 When failure to pay the annual premiams 12 The lessee sublet his interest to third par
upon a policy of life insurance is caused by ties for a portion of the term at an increased the occurrence of war between the two secrent, possession to be given up to him at the tions in which the insurer and the insured expiration of the term. Held, To be a sub- respectively reside, the contract is suspended ; lease, and not an assignment of the entire and if the insured die during the war, though term which would transfer any right of action a revival of the contract is impossible, the asagainst lessor.
Id. sured is entitled to a paid-up policy for such 13 The sublease and rent reserved are to be
amount as could be purchased by the excess considered by the jury in determining the when the payments were first omitted, above
of premiums paid upon the policy at the time damage.
the amount necessary to compensate the in14 Future profits, or the enhanced value of the
surer for the risk carried up to that time. lease which might arise from the association | Crawford v. The Ætna Life Ins. Co. 35 of the owners of this and similar property,
3 The intervention of the war made it unlawmay be cousidered by the jury on the question ful for the assured to pay premiums thereof damage.
after; and this without reference to the proc15 A bill of sale of the stock, fixtures, and lamations of the President in relation to inleases of a store operates as an assignment of surrectionary districts and commercial inter. the leases described in it. Booth et al. v. Kehoe course.
Id. et al.
4 In construing a policy of life insurance, a 16 A presumption of fraud cannot arise upon
temporary ailment, in order to be called a disthe assignment of a lease the same as upon a
ease, must be such as to indicate a vice in the transfer of personal property not followed by constitution, or be so serious as to have some actual and continued change of possession. Iů. bearing on the general health and continuance
of life, or such as is commonly called a disease. 17 A recovery by a lessee of the full value of Cushman v. The U. S. Life Ins. Co. 86 the use of premises included in the lease for the time he was deprived of possession is 5 In order to constitute medical attendance it equivalent to possession, and he is thereby es
is not necessary the physician should attend topped from setting up want of possession as
the patient at his own home, an attendance at a defence to a subsequent action for rent.
his own office is sufficient.
Id. Knox v. Hexter.
6 A statement in the proof of death, by the See ALTERATIONS; CONTRACT, 28; RAIL- physician making it, that he had been the ROAD COMPANIES, 7.
medical attendant for a longer period than the policy had run, will not prevent proof on the
trial as to who was the usual medical attendLEGACIES. ant of the insured.
Id. See WILLS.
7 Where an action on a policy of life insur. ance is defended on the ground that the state
ment in the application that the habits of apLICENSE.
plicant were temperate was false, evidence of
intimate friends of insured that they rememSee CIVIL DAMAGE ACT, 5; EXCISE. bered him drinking very seldom, never saw
him intoxicated or under the influence of LIENS.
liquor, and had known him to refuse liquor,
and never saw anything to induce the belief 1 Where the holder of a prior judgment has that he was not perfectly temperate, although made an agreement with a junior mortgagee negative, is pertinent and competent to be that the lien of the judgment shall be post- given on a question of the habits of sobriety poned and considered subsequent to that of of the insured. Van Valkenburgh et al. v. the mortgage, the lien of a purchaser under the American Pop. Life Ins. Co.
8 A question in an application for life insurance the policy and not to the justness of a cause
17 If there is any evidence tending to prove
that deceased was insane when he took the
19 Where a married woman was induced by
the influence and coercion of her husband to
the creditor receiving it arranged with the
Held, That the new.policies merely took the
place of the old ones, and the money payable
thereon must go to the party entitled under
the old policies. Barry v. Brune et al. 437
pay the amount due to the person entitled to
it, the Court may determine conflicting claims
21 A life insurance company cannot maintain
an action for damages against the murderer of
a person insured in such company. The Mu-
22 A policy of insurance upon the life of a mar-
ried man, issued upon his application and pay-
able to his wife, is in the nature of a provision
for the support of the wife during widowhood,
and is not assignable. Wilson v. Lawrence. 552
the want of probable cause for the prosecution,
and where the facts are conceded, the question
of probable cause is one of law for the Court.
2 But if the facts which are adduced as proof
of want of probable cause are controverted;
credibility of witnesses is to be considered ; or
one of law and fact, to he submitted to the 9 A proceeding by mandamus to require a
Id. termine the amount which a party is entitled
to receive back from a town or towns for taxes
towns was in dispute, is proper. The People et
11 A peremptory writ of mandamus ought not
to be granted where almost every material fact
41 the same is made out. The Pcople ex rel.
13 So held, even where the affidavits read in
14 Where a village charter provides that no
money and pay claims upon the warrant of
in the absence of a warrant of the auditor.
An authenticated copy of the minutes of a
See APPEAL, 18; CORPORATIONS, 1; Nui.
vessels, and that question is one for the jury.
312 ligence or want of proper care or caution in the
Id. 3 Evidence that other vessels plying the same
waters carried the same lights as the injured
4 It is for the jury to determine whether the defendant, does not survive against defendant's
2 A marriage procured by fraud is voidable
4 Hearsay and traditional evidence of a mar-
5 C lived with one E, a woman of previous
Id. E outlived him, but made no claim upon him
as his wife or upon his estate. Held, That the
See EVIDENCE, 35.
241 and the obligation cannot be affected by a sub-
purpose. McVey v. Cantrell.
Id. may be presumed from the nature of the
3 A married woman has no separate estate
man under such circumstances is invalid. Id.
6 To maintain an action against the executors
of a married woman, to recover for services
rendered to her, it is necessary to establish not
335 charge thereon. Neither deciarations by de.
ceased that she intended to provide for plain-
tiff by will, nor a provision therefor in the