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The People v. Holfelder....

450

The People v. Johnson.

491

The People v. Jones..

541

The People v. King

212

The People v. Kurtz..

65

The People v. McCallum..

210

The People v. McGrath et al

271

The People v. McInerney et al.

409

The People v. Meegan..

475

The People v. O'Sullivan

196

The People v. Parr......

113

The People v. Penhollow....

49

The People v. Sherman et al..

73

The People v. Stott ...

245

The People v. The John D. Locke Co... 288

The People v. The Knickerbocker Life

Ins. Co.....

80

The People v. The N. Y., L. E. & W.

RR. Co.

399

The People v. The Universal Life Ins.

Co., in re Barbee et al..

509

The People v. Wightman

478

The People ex rel. Anderson v. Police

Comrs. of Yonkers..

94

The People ex rel. Bridgman v. Hall... 428

The People ex rel. Brush et al. v.

Brown ..

130

The People ex rel. Carlin v. Suprs. of

Kings Co....

289

The People ex rel. Dillon et al. v. Gilon

et al.....

6

The People ex rel. Ferrer, exr., v.

Comrs. of Taxes...

259

The People ex rel. Haddock et al. v.

Cady ....

150

The People ex rel. Hayes v. Carroll,

police justice....

409

The People ex rel. Hoffman v. The

Board of Education......

529

The People ex rel. Houghton et al. v.

Andrews et al.....

431, 564

The People ex rel. Johnston v. Suprs.

of Ulster Co........

559

The People ex rel. Kimball v. Hough-

ton et al..

15

The People ex rel. Millard v. Chapin,

comptroller...

376

The People ex rel. Miller v. Cooper,

sheriff....

148

The People ex rel. Neustadt, exr., v.

Tax Comrs..........

346

The People ex rel. Peck v. Conley et al.

trustees....

78

The People ex rel. Sinkler v. Terry,
supt ....

307

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The People ex rel. Stephens et al. v.

Lott, surrogate..

396

The People ex rel. Supts. of the Poor of

Oswegatchie v. The Board of Suprs.
of St. Lawrence Co.....

176
The People ex rel. The Board of Educa-

tion of Hudson v. Dakin, treasr..... 500
The People ex rel. The N.Y., O. & W.

RR. Co. v. Chapin, compt., et al. ... 154
The People ex rel. The Panama RR. Co.
v. Comrs. of Taxes...

510

The People ex rel. The R., W. & O. RR.

Co. v. Haupt et al., assrs.

532

The People ex rel. The R., W. & 0.

RR. Co. v. Jones et al., assrs...

487

The People ex rel. The Seminary of Our

Lady of Angels v. Barber et al., assrs. 325

The Pfaudler Barm Co. v. Sargent et

al........

.

Walsh v. Meyer.

168

Watrous v. Shear, comr

164

Weber v. Manne...

292

Weeks et al. v. Cornwell et al..

518

Weiler v. Isley..

398

Weller, recr., v. The J. B. Pace Tobacco

531
Wendling v. Bainbridge et al.

481

Wheeler et al. v. Jones

440

White v. Boice et al.,

21
White v. Gaines...

361

Whiting v. Hood et al.....

158

Wiedmer v. The N. Y. Elevated RR. Co. 7

Willets et al. v. Reid et al..

100

Willlams, recr., v. Meyer..

37

Wilmerding v. McKesson, impl'd..

Wilson v.

Attridge.

498

Wiltsie, survivor, v. The Village of
Greenbush.....

254
Wolff v. The Oswego & 0. Ins. Co..... 418
Wood, exr., v. Kroll, exrx., et al. 550
Wright v. Boller et al.....

219
Wyatt v. Brooks et al

281

Wyckoff v. Scofield et al..

172

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483

The Phoenix Mills v. Miller..

290

The Robinson Consolidated Mining Co.

v. Craig et al

512

The Sodus Bay & C. RR. Co. v. Lap-

ham.

562

The Third Nat. Bk. of Buffalo v.
Elliott, sheriff....

242
The Tonawanda Valley & C. RR. Co. et

al. v. The N. Y., L. E. & W. RR. Co. 536

The U. S. Trust Co. of N. Y., v. Roche,

trustee, et al ...

111

The Wilcox & Gibbs S. M. Co. y. The

K & M. Mfg. Co. et al.......... 454

The Yates Co. Nat. Bk. v. Blake... 551

The Yonkers Gas Light Co. v. Taylor,

impl’d......

220

Thomas et al., by guardian, v. Snyder

et al....

443

Thompson v. Hazard et el..

481

Tilton v. Vail et al. ....

225

Tilyou v. The Town of Gravesend et al 436

Tisdale v. The D. & H. C. Co....... 308

Yager v. Person

Yorston v. Bouton..

540

141

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March 25, 1887. No opinion.

Cossitt v. Winchell, XXIII, 225, Af-

firmed, March 22, 1887. No opinion.

Cox v. The Mayor, &c., of N. Y., XXIII,

355, Affirmed...

.XXV, 59

Doran v. The City of Troy, XXII, 230,

Affirmed, March 1, 1887. No opin-

ion.

Ellsworth v. The Ætna Ins. Co., XXI,

469, Reversed, March 25, 1887.

Fairbanks v. Sargent, XXIII, 518, Re-

versed...

XXV, 488

Ferdon v.

Canfield, XXIII, 316, Af-

firmed.

XXV, 221

Field v. The Mayor, &c., of N.

XXIII, 151, Affirmed, March 25, 1887.

No opinion.

1

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Lerche v. Brasher, XXII, 350, Reversed

XXV, 417 Litchfield v. Flint, XXII, 280, Re

versed, March 1, 1887. McCallum v. The L. I. RR. Co., XXIII,

231, Affirmed, Dec. 17, 1886. No

opinion. Miller v. Woodhead, XXII, 58, Re

versed, March 1, 1887. Moller v. Duryea, XXI, 458, 450, Af

firmed, Nov. 23, 1886. No opinion. Monk v. The Town of New Utrecht,

XXIII, 112, Reversed, March 1, 1887. Morse v. The N. Y. C & H. R. RR. Co..

XXIII, 469, Affirmed, Dec. 17, 1886.

No opinion. Nearpass v. Gilman, XXI, 86, Af. firmed......

XXV, 459 O'Dea v. Norcross. XXII, 516, Af.

firmed, Jan. 18, 1887. No opinion. Phelps v. Borland, XVII, 550, 556, Affirmed ....

XXV, 48 Pompey V. The Village of Saratoga,

XXI, 115, Affirmed, March 1, 1887. Riley v. The Albany Savgs. Bk., XXI,

319, Affirmed, Nov. 28, 1836. No

opinion. Roberts v. Cobb, XXII, 315, Affirmed.

XXV, 182 Roberts v. Sadler, XXII, 502, Reversed,

...XXV, 282 Schwartz v. Soutter, XXIV, 463, Af. firmed

..XXV, 135 Shaw v. Sheldon, XXI, 499, Reversed.

....XXV 45 Solomon v. The Manhattan R. Co.,

XVIII, 9, Affirmed...... XXV, 25 Taylor v. The City of Cohoes, XXV, 77,

Reversed, March 8, 1897.
The Association for Benefit of Col-

ored Orphans v. The Mayor, &c., of
N. Y., XXIII, 115, Affirmed, March

1, 1887. The National Park Bk. v. Whitmore,

XXIV, 132, Appeal dismissed. . XXV, 122 The People v. Arensberg, XXIII, 481, Reversed...

.XXV, 14 The People v. Buddensieck, XXIV, 82, Affirmed.....

.XXV, 125 The People v. Everhardt, XXV, 300, Af

The People v. Hagadorn, XXI, 130, Af,

firmed, March 1, 1857.
The People v. O'Sullivan, XXV, 190,

Affirmed, March 1, 1837.
The People v. The Bank of Dansville,

XXIII, 358, Affirmed, Jan, 25, 1887.

No opinion.
The People v. The Horn Silver Mining

Co, XXII, 574, Affirmed, March 15,

1887. The People v. The N. Y., L. E. & W.

RR Co., XXIV, 183, Reversed. XXV, 399 The People ex rel. Allen v. Allen,

XXIV, 320, Appeal dismissed, March

25, 1887. The People ex rel. Brush v. Brown,

XX, 516, Appeal dismissed.....XXV, 139 The People ex rel. Dillon v. Gilon,

XXV, 6, Affirmed, Feb. 11, 1887. No

opinion, The People ex rel. Ferrer V. Tax

Comrs, XXV, 259, Affirmed, March

25, 1887. No opinion. The People ex rel. Houghton v. An

drews, XXV, 431, Affirmed....XXV, 564 The People ex rel. Millard v. Chapin,

XXIV, 223, Reversed... .XXV, 376 The People ex rel. The Equitable Life

Assurance Co. v. Chapin, XXIV, 466,
Affirmed, March 25, 1887, on opinion

in People ex rel. Wright v. Chapin. Tilyou v. The Town of Gravesend, XX, 529, Affirmed....

..XXV, 486 Tozer v, The N. Y. C. & H. R. RR. Co.,

XXII, 512, Reversed, March 8, 1887. Van Cott v. Prentice, XXI, 169, Affirmed.

XXV, 423 Van Ostran v. The N. Y. C. & H. R.

RR. Co., XXI, 302, Affirmed, March 1,

1887. No opinion. Vick v. The N. Y. ('. & H. R. RR. Co.,

XXII, 474, Affirmed Feb. 11, 1887.

No opinion.
Ward v. Ward, XXIII, 466, Modified,

March 15, 1887.
Weber v. Manne, XXV, 292, Reversed,

firmed, March 1, 1887.

March 25, 1887. No opinion.
Wright v. Nostrand, XXIV, 418, Af-

firmed, Dec. 11, 1886. No opinion. Wyckoff v. Scofield, XXIV, 339, Affirmed

XXV, 172 Held, That a compliance with The insured stated in his answers that he

THE

NEW YORK

WEEKLY

DIGEST.

VOLUME XXV.

LIFE INSURANCE.

had a license, although he had no bar,

and that he had stated that fact in appliN. Y. COURT OF APPEALS.

cations to other companies. It was not

shown that he had been engaged in the Dwight et al., exrs., respts., v. other businesses stated. Held, That his The Germania Life Insurance Co., answers were evasive and untrue, and applt.

required a dismissal, and that it was error

to submit the question as to whether the Decided Oct. 12, 1886.

sales proved were sales within the mean

ing of the policy. Where a policy of life insurance contains a

warranty by the insured of the truth of This was an action upon a policy the answers in the application any sub- of insurance issued by defendant stantial deviation from the truth in the

upon the life of plaintiff's testator. answers is material to the risk and con

By its terms the insured warranted stitute a breach of the contract rendering the policy void.

the truth of the answers to certain In considering the language of an insur- questions made by him in the apance contract the words of a promise are

plication for insurance. to be regarded as those of the promisor, while those of a representation on

Joseph Larocque and Wm. M. which the promise is founded are the

Evarts, for applt. words of the promisee, and are to be taken Isaac S. Newton, for respts. most strongly against him.

such warranty was a condition of had been engaged during the last ten years in the real estate business and as a

the validity of the contract of ingrain dealer, and that he had not been surance. Any substantial deviaengaged in or connected with the sale of tion from the truth in the answers beer, wine or other intoxicating liquors.

so given was material to the risk It appeared that he had within that time been a hotel keeper and had sold wines

and constituted a breach of the and liquors in bottles to his guests and terms of the contract, rendering Vol. 25-No. 1.

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