INDEX. BASTARDS. osure of privileged communications by ess, see "Witnesses," § 2. se of liability for support of, see "Ree," § 2. Illegitimacy in general. show that his bookkeeper had authority to sign the check.-Schoor v. Doctor (Sup.) 130. In an action on a check, the question whether it was given by reason of fraudulent representation held to be a question for the jury.— Kobro v. Schlomowitz (Sup.) 156. Evidence held to prove consideration for a note given by deceased to plaintiff.-Dunk v. Dunk (Sup.) 419. ere defendant asserted title to certain land e sole heir of a daughter, the evidence to ish the daughter's illegitimacy held insuffito overcome the proof establishing marof the parents and the birth of the daughlawful wedlock.-Tracy v. Frey (Sup.) Laws relating to notice of, see "Health," § 1. Property. BIRTH. BODY EXECUTION. ere illegitimate child dies intestate, leav- BENEFICIAL ASSOCIATIONS. ling or loan associations, see "Building 1 Loan Associations." member of a beneficial society cannot be ved of the benefits of his contract by an dment of the by-laws made without his nt.-Zinna v. Saveria Friscia Soc. (Sup.) BILLS AND NOTES. ration, see "Alteration of Instruments." ious interest, see "Usury," § 1. Requisites and validity. an action on a note between the original ies, the defense of want of consideration is to the maker.-Batterman v. Butcher 5.) 685. Negotiability and transfer. tle to a check payable to a specified person ed by delivery without indorsement.-Meuer hoenix Nat. Bank (Sup.) 83. - Rights and liabilities on indorsement or transfer. ne transfer of a check by the payee by very without indorsement destroys its negoility, and the transferee takes merely his sferror's title, subject to any equities been him and the drawer.-Meuer v. Phoenix . Bank (Sup.) 83. BONA FIDE PURCHASERS. Of lands, see "Vendor and Purchaser," § 3. BONDS. Corporate bonds, see "Corporations," § 6.. See "Assignments for Benefit of Creditors," See "Appeal," § 11; "Bail"; "Costs," § 2. BOUNDARIES. § 1. Description. A conveyance should be construed in reference to visible locative calls, marked or appearing on the lands, in preference to quantity, course, or distance.-People v. Hall (Sup.) 276. The words "east half" and "west half," in a description of land conveyed, held not to import an equal division of the lands described.-People v. Hall (Sup.) 276. 82. Evidence, ascertainment, and establishment. Where a practical location of boundaries has been acquiesced in for a number of years, it will not be disturbed.-People v. Hall (Sup.) 276. BREACH. Of condition, see "Insurance," $2. Of contract, see "Contracts," § 4; "Sales," § 3; BROKERS. See "Factors"; "Principal and Agent." Assignment of broker's commissions, see "Assignments," § 1. and 122 New York State Reporter f 1. Duties and liabilities to principal. A broker held not authorized to sell stocks on the customer's account without first seeing whether the customer had already sold through the broker's agent, and, having done so, the sale was for the broker's account.-Evans v. Wrenn (Sup.) 617. Certificate issued to shareholder of building and loan association held to be an express contract that such shareholder should at the end of seven years in any event be entitled to withdraw full sum of $100 per share.-People v. New York Nat. Building & Loan Ass'n (Sup.) 850; In re Clark, Id. BUILDING CONTRACTS. A broker's agent having been authorized to sell 500 shares for the broker's customer, and having sold them in 100-share lots, and bought one of them for himself, held, that the sale was See "Contracts," 2. void only as to such 100 shares.-Evans v. Wrenn (Sup.) 617. 2. Compensation and lien. BURDEN OF PROOF. Facts held to show that a broker employed In civil actions, see "Evidence," § 2. to bring about a sale of real estate had performed his part of the contract.-Putter v. Berger (Sup.) 462. Where a broker was instructed to get an offer BY-LAWS. for property, which he did, he was not pre- Of mutual benefit insurance association, see cluded from recovering commissions by the fact that the price at which the property was sold to his customer was less than the price for which he had been instructed to sell the property.-Martin v. Fegan (Sup.) 472. 3. Actions for compensation. In an action by a broker to recover a balance alleged to be due for commissions in securing a building contract for defendants, evidence held insufficient to support a finding that the agreed compensation was $650, instead of $150, as contended by defendant.-Cuperman v. Stern (Sup.) 147. In an action for broker's commissions, evidence held to warrant a finding that plaintiff was the procuring cause of the sale.-Martin v. Fegan (Sup.) 472. In an action for broker's services, defendant held not entitled to the dismissal of the complaint, on the ground that the proof substantiated an action for fraud, and not an action on contract as alleged.-Martin v. Fegan (Sup.) 472. In an action for services in contesting a municipal assessment, evidence held insufficient to support a referee's finding that defendant agreed to pay plaintiff's assignor a percentage on the entire assessment, if the property was sold before the assessment was finally confirmed.-Wolfsohn v. Haven (Sup.) 475. § 4. Rights, powers, and liabilities as to third persons. Owner of a building held liable for injuries sustained by a customer of the owner's brokers while examining the building, and due to the negligence of the brokers.-Boyd v. United States Mortgage & Trust Co. (Sup.) 289. BUILDING AND LOAN ASSOCIATIONS. A borrowing member of a building and loan association held not entitled to have payments of premium, fees, and dues credited as payments on his loan, in determining the amount due on his mortgage to the association after it had been placed in the hands of a receiver for dissolution.-Roberts v. Cronk (Sup.) 103. "Insurance," § 4. CALENDARS. Of causes for trial, see "Trial," § 2. CANALS. 1. Establishment, construction, and maintenance. On the issue of the liability of the state for injuries sustained to a landowner by a flood, caused by a dam formed at an aqueduct for a canal, evidence held to authorize a re covery for the damages sustained.—Greeley v. State (Sup.) 468. Laws 1894, p. 629, c. 338, § 37, held to render the state liable for failing to provide openings in an aqueduct for a canal acrosSS a stream of sufficient capacity to meet ordinary conditions and extraordinary exigencies.-Greeley v. State (Sup.) 468. CANCELLATION OF INSTRUMENTS. See "Quieting Title"; "Reformation of Instruments." Cancellation of corporate contract, see "Corporations," § 4. § 1. Proceedings and relief. In a suit to set aside an alleged fraudulent assignment of a bond and mortgage, an allegation in the complaint with reference to the publication of such assignment held irrelevant. -Day v. Day (Sup.) 504. Where respondents held certain securities subject to a lien for money advanced, on title be ing reinvested in testatrix's executors by vacation of a conveyance thereof to another for fraud, the executors were only entitled to a judgment for a return of such securities on payment of the lien.-Ingersoll v. Cunningham (Sup.) 711. Where respondents held a lien on certain se curities sought to be recovered in a suit to set aside a conveyance thereof, the suit being in equity, the amount of their lien and the entire INDEX. -ersy should be decided in one action.-|§ 2. Carriage of live stock. all v. Cunningham (Sup.) 711. tiffs, in an action to recover certain eld by respondents, subject to a lien for ements, not having alleged a tender of ount due, held not entitled to costs.oll v. Cunningham (Sup.) 711. CANDIDATES. nice, see "Elections," § 1. CAPITAL. porations in general, see "Corporations," Shipping." CARGO. CARRIERS. A carrier heid not liable for damages caused by the running away of a horse while in its custody. Kaplan v. Midland R. Terminal Co. (Sup.) 945. 3. Carriage of passengers. Where a passenger's ticket has been taken from him and not returned, he may buy another ticket, and sue the carrier for its price.-Stewart v. Baltimore & O. R. Co. (Sup.) 377. Passenger, whose ticket had been taken away from him and not returned, held not entitled to any damage for delay, except the price of his ticket.-Stewart v. Baltimore & O. R. Co. (Sup.) 377. § 4. Personal injuries. Whether a street railroad company maintained the street, at a point where there was a disused frog in the track, in a reasonably safe condition, held a question for the jury.-Freeland v. Brooklyn Heights R. Co. (Sup.) 264. Street railroad company held liable to a passenger, injured in a collision between the car maintain track in reasonably safe condition.— 264. ment of right of action against, see and a truck on track, where company failed to signments," § 1. ge of passengers by vessels, see "Ship-Freeland v. Brooklyn Heights R. Co. (Sup.) -"§ 1. nptions as to notification of consignee Carriage of goods. ain damages held not recoverable for ful delay of express company to deliver -Brown v. Weir (Sup.) 479. ere a carrier for hire undertook to transport an action against a carrier for failure to g an issue as to the alleged wrongful deof goods by a carrier without producf a bill of lading, evidence that plaintiff's or had acquiesced in such a course of V. New held admissible.-Bernstein N. H. & H. R. Co. (Sup.) 971. an action against a carrier for failure to r goods within a reasonable time, the are of damages stated.-G. S. Roth Cloth o. v. Maine S. S. Co. (Sup.) 987. well-known local custom that a carrier pods shall notify the consignee by mail a part of the agreement of transportation. S. Roth Clothing Co. v. Maine S. S. Co. 0987. In an action by a passenger against a street railway company, evidence that another person was injured in the same way as plaintiff, when alighting from the car at the same place, held admissible.-Holzhauser v. Brooklyn Heights R. Co. (Sup.) 269. A street railway is not a guarantor of the safety of its passengers, but is required only to exercise requisite care, and is not liable for an unanticipated assault by one passenger on another.-Stutsky v. Brooklyn Heights R. Co. (Sup.) 358. A passenger cannot recover for injuries sustained in alighting from a street car, by reason of the car starting forward after having stopped, in the absence of any notice to the conductor of the passenger's intention to alight.McCarthy v. Interurban St. Ry. Co. (Sup.) 388. The rule that a motorman and conductor, engaged in the operation of a car, are held only to reasonable care, applies as to teams on the street, but does not apply as to passengers in the car.-Zvonik v. Interurban St. Ry. Co. (Sup.) 399. Evidence held sufficient to go to the jury on the question of negligence in starting a street car, whereby a passenger was thrown down.Harty v. New York & Q. C. Ry. Co. (Sup.) 422. In an action against a street railway company for personal injuries, amendment of pleadings to conform to the proof held proper, under Code Civ. Proc. § 723.-Dorff v. Brooklyn Heights R. Co. (Sup.) 463. In an action against a street railway company for injuries to a passenger, evidence held to justify an inference of negligence.-Dorff v. Brooklyn Heights R. Co. (Sup.) 463. A street railroad company is not liable for injuries to a passenger caused by the premature and 122 New York State Reporter starting of the car in consequence of a signal given to the motorman by another passenger.McDonough v. Third Avenue R. Co. (Sup.) 609. In an action against a street railroad for injuries to passenger, evidence held insufficient to support a verdict for plaintiff.-Mullarkey v. Interurban St. Ry. Co. (Sup.) 699. In an action against a street railroad for death of plaintiff's decedent from the negligence of the street railroad, evidence held insufficient to support a verdict for plaintiff.— Fremont v. Metropolitan St. Ry. Co. (Sup.) 752. Relation of railroad company to passenger's trunk, stolen from station of departure before In an action against a railroad company for checking, held that of common carrier, and not personal injuries occasioned by plaintiff stumb-warehouseman.-Williams v. Central R. C ling over a ticket chopping box which had of New Jersey (Sup.) 434. been broken from its fastenings by a mob, Statute permitting railroad companies to lindefendant held guilty of no negligence.-Wagner it liability for loss of passenger's baggage hy v. Brooklyn Heights R. Co. (Sup.) 791. posting general notice held not to apply to loss Fact that a street car stopped with a jerk of baggage by theft at station of departure. held insufficient to show negligence, in the ab-Williams v. Central R. Co. of New Jersey sence of any showing that the jerk was unusual. (Sup.) 434. -Johnson v. Interurban St. Ry. Co. (Sup.) 866. Verdict for plaintiff, in an action against a carrier for personal injuries, held not sustainable. Chiavarelli v. New York Cent. & H. R. R. Co. (Sup.) 869. In action against sleeping car company for the value of baggage supposed to have been stolen. evidence held sufficient to take the question of defendant's negligence to the jury.-Arthur v. Pullman Co. (Sup.) 981. CASE ON APPEAL. In an action for injuries sutained by a passenger on a street car, an instruction held erroneous, as making defendant an insurer after plaintiff got on the car and until he had actual- Making and settlement, see "Appeal," § 3. ly taken his seat.-Shadletsky v. New York City Ry. Co. (Sup.) 1014. In an action against a street railroad company for injuries sustained by a passenger, it was prejudicial error to strike out the evidence of defendant to the effect that it had no record of the accident.-Shadletsky v. New York City Ry. Co. (Sup.) 1014. Judgment for plaintiff for injuries sustained while alighting from a street car held against the weight of the evidence. Maloney v. Metropolitan St. Ry. Co. (Sup.) 638. In an action against a street railway company for injuries to a passenger alighting from a car, evidence held to show plaintiff guilty of contributory negligence.-Pearl v. Interurban St. Ry. Co. (Sup.) 915. CAUSE OF ACTION. See "Action." CAVEAT EMPTOR. See "Sales," § 4. CERTIFICATE. Liquor tax certificate, see "Intoxicating Liquors," § 2. Of building and loan association, see "Building and Loan Associations.” CERTIORARI. CHAMPERTY AND MAINTENANCE. Where, in an action for personal injuries re- To review tax assessments, see "Taxation," § 2. ceived while alighting from defendant's street car, the weight of the testimony is to the effect that the injuries were received by stepping off the car before it stopped, judgment for plaintiff should not be permitted to stand.-Lynch v. Interurban St. Ry. Co. (Sup.) 935. Under Code Civ. Proc. § 74, agreement for compensation of attorney held champertous and incapable of enforcement.-Taylor v. Enthoven (Sup.) 138. Under Code Civ. Proc. § 73, an attorney cannot maintain an action on a claim assigned to him for the purpose of bringing an action in the county. Sugarman v. Mandolla (Sup.) 393. CHANGE OF VENUE. Of civil actions, see "Venue," § 2. INDEX. CHARGE. y in civil actions, see "Trial," § 5. CHARITIES. iptions in aid of, see "Subscriptions." CHARTER. ate charter, see "Corporations," § 2. CHATTEL MORTGAGES. Construction and operation. -cital in a mortgage on fixtures held suffico put the mortgagee on inquiry as to a ion relative to the fixtures contained in a et between the mortgagor and his vendor. ch v. Lapham (Sup.) 222. ere plaintiffs, prior to receiving a chattel age under which they claimed, knew of a mortgage to C., its assignment to N., and t was unpaid, a judgment finding such age prior to plaintiff's mortgage held --Salmon v. Norris (Sup.) 780. CLAIMS. Against estate of decedent, see "Executors and Administrators," § 4. CLOUD ON TITLE. See "Quieting Title." COHABITATION. Marriage by, see "Marriage." COLLATERAL AGREEMENT. Parol evidence, see "Evidence," § 8. COLLATERAL ATTACK. On public improvement proceedings, see "Municipal Corporations," § 2. COLLATERAL INHERITANCE TAXES. See "Taxation," § 3. COLLATERAL UNDERTAKING. See "Frauds, Statute of," § 1; "Guaranty." COLLECTION. By bank, see "Banks and Banking," § 1. Of estate of decedent, see "Executors and Administrators," § 3. COMMERCE. Carriage of goods and passengers, see "Carriers"; "Shipping." § 1. Means and methods of regulation. Express business of a domestic railroad company, originating in New York for shipment beyond the state, and shipments from outside the state for delivery within the state, held interstate commerce, and not taxable against such railroad corporation under Tax Law, Laws 1896, p. 857, c. 908, § 184.-People v. Miller (Sup.) 373. COMMISSION. To take testimony, see "Depositions." COMMISSION MERCHANTS. See "Factors." COMMISSIONS. Of brokers, see "Brokers," § 2. Of executor or administrators, see "Executors and Administrators," § 7. |