members

ATTORNEY AND CLIENT. Compensation; un-

reasonable..

Lien; transfer pending suit; priority; indemnity;

breach....

BAILMENT. Deposit; ordinary diligence; use by

bailee.

Gratuitous depositary of money.

See Carriers.

BANKRUPTCY. Discharge; effect upon judgment;

stay...

51

56

Discharge of partner; effect; cancellation of judgment. 433

; new promise.

Fraudulent preference; actual fraud; indorser's re-
lease

Property held adversely; limitation.

444

422

170

35

50

BANKS Exchange accounts; certified drafts.
Frand in sale of bank stock; ownership
Taxation; constitutionality.

Unindorsed check: liability of bank

BILLS AND NOTES. See Negotiable Instrument.

BONDS. Maturity; default in interest payments;

bona fide purchaser; burden of proof; presumption. 130

BOUNTY. County indebtedness; extension of debt. 411

CARRIERS. Action against; parties; connecting

lines; bill of lading; previous agreement....

Bill of lading; warehousemen; knowledge of agent. 35

Expulsion of mother and child; half-fare tickets;

130

393
514
491

115

196

131

See Elections; Eminent Domain.

CONTEMPT. Insinuating that court would be cor-

ruptly influenced..

CONTRACT. Construction; sale; pledge; factors;

documents of title; delivery; factor's act.....

Mistake; right to rescind

156

423

76

Performance; pleading; presumption; waiver of ob-

jection.

170

11

194

69

64

116

6

inter-State bridge... 371

62

23

503

525

368

116

492

457

234
243

Public policy; agreement for "lobby services.'
-; agreement to secure location of post-office

456
496
495

restraint of trade; injunction; breach of contract. 430

Restraint of trade

--; no limit of time...

23

197

458

Sale of liquor on premises

236

Unconscionable relief from hard bargain.
Weekly board deductions for absence..
COPYRIGHT. Piracy; directory..
In university lectures

CORPORATION. Action by; refusal of directors

to bring..

257

76

291

By-laws; what constitutes majority

Gift of stock and bonds; liability of stockholder..

16

236

171

544

CORPORATION-Continued.

'Page.

Imitation of names; duty of secretary of State to re-
fuse incorporation.

Liability for conspiracy.

165
235
474
486

of stockholder; limitation of actions.
Pledged stock; who may vote on.....
Report of standing; liability of trustees; penal statutes. 156
Sale of stock; implied warranty.

77

Shares in American company; title to certificates; in-
dorsement of transfers in blank; American law;
usage; fraud of broker; estoppel..
COSTS. Action against municipal corporation; de-
mand; fiscal officer.

349

235

Extra allowance; percentage of amount involved; ap-
peal..

456
171
51

Security; suing as poor person; practice..
COUNTIES. Treasurer; fees; audit: injunction.
Unauthorized loan; action for money had and re-
ceived.

433

CRIMINAL LAW. Abortion; indictment; suffi-

ciency...

197

Appeal; insanity; weight of evidence; homicide; pre-
meditation..

195

--; presumptions; correction of judgment; new trial. 376
Arson; setting fire to church

117

236

-; intent; burning jail to escape..
Burglary; "building

....

; character of building...
Concealed weapons..

-; defective pistol..
Conspiracy; boycotting..

Evidence; corroboration of accomplice
--; declaration; homicide....

; of return after flight....

Express agent delivering intoxicating liquors without
knowledge of their contents....

False pretenses; larceny; indictment..
Forgery; evidence; cross-examination; appeal; ob-
jection waived..

Larceny; felonious intent; instruction..
-; false representations; indictment; province of
jury; evidence; review of action of grand jury; de-
scription of property; variance; instructions; cor-
rectness as a whole; evidence, documentary; com-
plaint in former suit...

Homicide; duty to retreat..

...

Jurisdiction; homicide of escaping prisoner by military
guard...

་་

Moral insanity

Nuisance; rendering factory..

Rape; declarations of prosecutrix; delay.

; force or fraud; chloroform..

male infant under fourteen; presumption..
Sale by agent; wife or concubine...

of beer for manufacture of soda water.
Search-warrant; execution at night..
"Sending" indecent letter..

532
258
237

-; exposure to cold

insanity; proper rule of responsibility.. 249, 326, 496
Indictment; dotting wrong letter..

-; sufficiency; matters of form..
infamous offense...

183
491
315

Joinder of misdemeanors; distinct sales of intoxicat-
ing liquors

510

308

316

396

257
82
463

354

458

478

77

Statute; fornication; unmarried".

278

Teacher whipping scholar for misconduct out of school. 163
Trespass; picking mushrooms.........

497
78
316

116

57

163

163

9
132
197

303

102

412

: house extending upon adjoining lot.
For certain purposes; condition subsequent...
Limitation; for use of road..

Married woman's acknowledgment; clerical error...
Nominal consideration; subsequent valuable con-
sideration; performance...
Quit-claim; bona fide purchaser.

Stipulation as to quantity of land; covenant.
DEFINITION. Girl

376
379

217
395
478

132
56

DAMAGES. Measure; taking marble from quarry.... 536
Nominal; personal injuries.....
DEED. Description; what passes under..

474

434

157

156

303

443

294

238
537

64

DIVORCE. See Marriage.

DURESS. Mortgage; threat of criminal prosecution;
statute of limitation; action to quiet title; Code N.
Y., § 362.

491

EASEMENT. Implied, in street on sale of lot by

reference to plat..

243

EJECTMENT. Evidence of title; mortgage; adverse
possession; presumption; infants' lands.
Parties; infant remaindermen...

157
71

ELECTIONS. Registration law; constitutionality.. 444
Voters; domicile; public institutions...

; student at college...

434
483

son..

18

- due diligence for personal safety; burden of
proof.....
127

;"external, violent and accidental;" malignant
pustule..

122

183
72

;"external and visible signs;" inhaling of gas. 262
: "travelling;" indemnity.
; proofs; waiver: agency.
Antedated policy; loss before contract...
Apportionment; indivisible contract..
Beneficiary; effect of divorce..
Broker; cancellation of policy; notice.
Fire; condition in policy; alienation..
; forfeiture; increase of risk

Friendly society; sickness; old age; natural decay
Life; breach of condition; habitual intemperance
condition that insured shall not neglect his Easter
duties....

135

118

537

52
136

414
134
55

284
398

83

17

-; endowment; forfeiture

Interest; assignment; on life of assignor..
; wagering policy.

revival of lapsed policy; application; representa-
tions; "disease;" cold; consulting physician...
Limitation of action; condition of policy.
Marine; mutual indemnity association; improper
navigation; " loading; port inefficiently closed
238
- steamboats; perils of navigation; negligence of
captain; defective machinery; total loss
514
Premium; gross sum; contract; entire; severable.. 136
Use of premises; description of property..
337
Warranty; agent writing application; non-occupancy. 171
-; representation

46

What capable of; insurance on royalty contract; dam-
ages: evidence

413

136

498

135
435

Page.

JUDGE. Disqualification; power to sit in general
term; appeal; discretion..

JUDGMENT. By confession; amendment; discre-

tion of court....

By default; conclusiveness; estoppel; mandamus
--; setting aside.
Foreign; evidence

Lien; decedents' estate; executors; power to employ
counsel.

Res adjudicata; creditor's bill; receivers..

; effect

-; evidence; parol; parties to contract..
; validity of railroad bonds....
Revivor against decedent's estate; limitation; pre-
sumption of payment; death of judgment debtor;
acknowledgment of indebtedness..
Setting aside; insane person.....
JURISDICTION. New York Superior Court; evi-

dence; inference of witness...
See Appeal.

erty

Evidence; meaning of words

Joke...

JURY. Juror's fees..

One serving in name of another.

Personal claim to exemption from duty; service in
confederate navy....

Right to trial by.
JUSTICE OF PEACE. Liability for false im-
prisonment.

...

LANDLORD AND TENANT. Coal hole in side-
walk; liability of landlord.
First floor of building; outside wall; signs; underlet-
ting..

Liability of landlord to keep premises in repair..

; "fault" of tenant

for tenant's nuisance; renewal of lease..
LIBEL AND SLANDER. Disparagement of prop-

- statute of frauds..

to relinquish dower.

At common law; invalid; statute..
Contract between husband and wife; contingency of
survivorship

Mercantile agency; privileged communication..
Privileged communication; discharged lists; malice..
When witness liable for...

LIS PENDENS. When a bar: election..
LIVERY STABLE KEEPER. Duty in case of
sick horse...

258

: lien.
LUNATIC. Responsibility of his own estate for his
wrongful homicide.
See Criminal Law; Judgment.

137
402

........

512

52

55
474

49

52
196
492

414

436

For railroad aid; invalidity; compliance with statute;
extension of time; liability for putting on market;
constitutionalty

492

80

53

239
323

183

512

294

304
137
517
255

354

18
325
42

226
91
502
377

Dower devise in lieu of; election

Fraudulent promotion of; liability of third person;
467
action by issue of marriage
Legitimacy; access; presumption of law; evidence to
rebut presumption.

....

Liability of wife on joint note; partnership.
Separate estate; joinder in conveyance; acknowledg-
ment; impeachment of; receiver; liability to account. 534
Validity; bigamous relations; divorce; presumption
thereafter...
See Parent and Child.
MASTER AND SERVANT. Carrier; passengers;
scope of employment

269

Discharge; drunkenness not affecting capacity
Livery stable keeper; liability for horse on board..
Negligence; proof.

418
43
295

415

of vice principal; contributory negligence..... 19, 57
; risk of employment; negligence of fellow-servant. 157
; coupling cars
Railroad: scope of employment.
MISTAKE. Of law; reformation
MORTGAGE. Chattel; mortgagee taking posses-
sion; assisted by officer.

175
145

44

128

; recording after assignment for benefit of cred-
itors; validity...

424

; validity; possession.
Covenant to pay taxes; breach.
Foreclosure; parties..

33
492

157

; surplus; parties; pleading and proofs; statute of
limitation; new trial; appeal; presumption....
Lien; vendor's lien; burden of showing fraud
Sale of premises; assumption of mortgage; liability of
purchaser; measure of damage...

235

See Railroads.
MUNICIPAL BONDS. Taxation; sinking fund;
duty of country treasurer; petition; constitutional
law..

264

53

19
343
224

492

174

295
109

512
513

72

492

between firms
Dissolution by conduct.
Firm and individual creditors; execution; subrogation;
Code Civil Procedure, § 1369...

Power of partner; sale of entire stock; assent.
Real estate; conveyance by surviving partner.
PARTY WALL. Liability of grantee to pay pro-
portion of cost.
PATENT. License fees; invalidity; contract; con
sideration...
driven wells; anticipation by

Process; novelty; 66
publication..

Public use: consent of patentee..
PHYSICIAN. Recovery for services..
PLEADING. Usury.
POST-OFFICE. Stealing and embezzling mail mat-

ter: decoy.
PRINCIPAL AND AGENT. See Agency.

383
403

Explosion of boiler of unlicensed steamboat.
Keeping bees; injunction....

364

Municipal corporations; town liability for; ultra vires. 176
Ordinance; removing night soil.
Railroad; inviting profanity..
Soot from smoke-stack; abatement.
Steam-planing mill near dwelling house..
See Water and Water-Courses.

36
522
19

168

443
436

515
37
296

31

Neglected child; commitment: complaint: notice;
habeas corpus; return to writ; traverse; demurrer.. 435
Mother's obligation to support: divorce

Person in loco parentis; action for services...
PARTNERSHIP. What constitutes; agreement

99
364
498
475

53

164
391

537

172
15
. 515
279

95

119

; trespasser on track.
Salaries of commissioners; apportionment between
companies

............

....

158

Street; ordinance; duty to repair street; rights of city. 176
See Carrier; Master and Servant; Municipal Corporations;
Nuisance; Receiver.

RECEIVER. Corporation; judgment against; re-
versal and new trial; effect on assets of receiver;
estoppel by judgment..

435

Issue of certificates for labor; postponement of mort-
gage lien; expenses of receivership; reorganization. 393
Lease of property; modification of order.
377
Of railroad company; power to contract debts; equity
jurisdiction; sale; consolidation of corporations. 494
RECORDS. Public; mandamus; claims of private
parties to copy entire records..
REFEREE Fee: stipulation; oral agreement... 54
RELIGIOUS SOCIETIES. Sale of property;
trust: consent of presbytery; church meeting; want
of register..
REMOVAL OF CAUSE. Railroad; incorporation;

428

different States..

Replevin; bond; consideration.

SET-OFF AND COUNTER-CLAIM
growing out of contract declared on...
SEAL. What is...

SHERIFF. Action against; justification .
SHIP AND SHIPPING. Liability of joint owners
for care of seamen

Salvage; contract; waiver of salvage claim
-- services; burning vessel.
SPECIFIC PERFORMANCE. Certainty of con-

tract; conditions...

Opening decree; deterioration of land
When not enforceable

See Vendor and Purchaser.
STATUTE. Amendment; repealing effect; penal-

ties..

...

354

516
20
176

See Constitutional Law.
STATUTE OF FRAUDS. Agreement relating to
land; stone quarry.
Contract of service for a year

STATUTE OF LIMITATIONS.

Acknowledg-

........

172

72

54

95

97

288

34

14

"Insulting words toward female relative;' son of a
bitch"

183

Interstate commerce act: long and short haul clause. 222
Prohibiting runners in villages; soliciting custom on
private premises...
Salary" due or to become due",

534
54
446
177

416

494
435
44
120

485
477

280

408
54
177

162
423

38
517

73
178

233

475

14

sentation as to foreign manufacture..

"Monserrat lime-fruit juice'
TRIAL. Comments of counsel.
Preliminary examination of party; Code Civ. Proc.,
N. Y., $$ 870-873..

Province of jury; notice, evidence..
Reading law to jury..
TREATIES.

clause.

TRESPASS. Interference with employees; liability
for acts of others...
TRUST. Charity; creation of; validity..

Life estate; reversion; effect of quit-claim deed..
Power of sale; Rev. Stat., N. Y., 729, §§ 47, 49; invalid
execution.

Regulations; reasonableness..

Customs duties; most favored nation

...

439

204

Liability of town for damages to well by construction
of sewer
WHARFAGE. Right to charge; lien; waiver; cus-

tom...

........

WILL. Burden of proof of incapacity.
Construction; codicil; release of indebtedness..
"Heirs

Devise to bastard children; public policy..
Erroneous description

Executory devise; conditional estate
Oral contract to make; consideration
WITNESS. Accomplice; aiding escape..
Adulteration; sale of milk; intent; new trial; instruc-
tion; materiality

Decoys...

Expert; refusal to answer; fees
Infamy; pardon; credit

Oath; form of in case of heathen..

54

120

196

73

518

39

311

124
384
203

VENDOR AND PURCHASER. Contract; risk. 58
Purchaser; action to recover earnest money; failure
of title; liability for decedent's debts; specific per-
formance
VENDOR'S LIEN. Mortgage; priority; good faith;
burden of proof.....

364

125

538

178

239
337

355
440
219

172
33
297
15

63
113
173

14
37

Riparian rights; submersion of land; recession of
steam; accretion and reliction.

338

Diversion of spring; damages; trial; objection; limi-
tation.....

96

40

317

484

435

72

58
356
443

166

517
356
178

475

538

344

539

332

357

220

196

323

199

463

142

Privileged communications; credibility; impeachment. 195

Order of separation; disobedience of order

357