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In Pennsylvania a tenancy at will is construed Held, That a transmissible interest vested in
250 that the child of the deceased child took by
descent the interest of its parent, and was en-
A life insurance policy, containing a clauso
253 avoided by a false answer whether it be material
or not. The Ætna Life Ins. Co. v. France. 82
Ib. In such case neither the court nor the jury
can inquire into the materiality of either the
Ib. A Court of Equity will reinstate the holder of
a life insurance policy which has been forfeited
insurance should sign the appiication personal.
Not stating in the application that the assured
A renewal of a life insurance policy, which
had been forfeited by non-payment of premiums,
ment for the amount of the inoney received as
premiums at the time of renewal, with interest
der to allow the company to disaffirm. Harris
v. The Equitable Life Ass. Soc. of U. S. 156
Statements in the application for insurance in
the declaration, or answers to the questions are
ranties, then materiality, or want of materiality
as to the risk, has nothing to do with the con.
and if so, the policy is void. But if representa-
tions, then to avoid the policy, they must be
substantially and materially untrue, or made
for the purpose of fraud. Buell v. The Conn. Mu-
Whether or not a disease is "serious" within
the meaning of a life insurance policy is a ques-
tion of fact for the jury. Boos v. The World Mu-
An agreement to issue a policy of life insur-
ance is good, although the premium was paid by
policy unless the note is paid. Shaw v. The Re-
Where the administrator of the deceased had
surance existed between the insuror and the in-
sured before the latter's death, and the policy pal of outstanding notes, where such an agree-
A life policy containing a clause making it Equity cannot relieve against the forfeiture of
As to evidence in life insurance cases, see Evi-
A notice of Lis Pendens may properly be filed
As to evidence in actions for, see EVIDENCE.
When a party has a legal remedy, by action,
16. against a town, a mandamus will not lié. Marsh
Wbat was once a claim against the County of
will not lie. The People ex rel. Tenth National
Ib. of New York City to assess damage to property,
caused by closing street, is proper upon their re.
A presumptive right to the writ is all that is
See also, QUO WARRANTO.
Where a policy of marine insurance, by its
For goods purchased by a feme bole, she may
be sued after marriage withont joining her hus.
A married woman, living apart from her hus Where a master has left the control of bis
If, when discharged, he rescinds the contract,
There is no implied liability on the part of an
Ib. employer to care for an employee injured in his
A willful act which will exempt a master
The master is not liable for the willful and
It is in general sufficient to make the master
The relation of master and servant exists be-
218 gence of the latter, whereby a
ectator is in.
Where the person who was the immediate
, and the party
329 contracted for is unlawful, or where an officer
or public body charged with a certain duty com-
Whether bringing materials upon the prem-
1b. be sufficient to establish a lien, quære. Middle-
480 agreed upon at the time of the taking of a mort.
gage, whether, if the builder's lien had had pre.
agreed upon, quære.
A party furnishing a contractor materials,
&c., is not bound to notify owner of property in
When the owner of land permits the con Order releasing defendant, bidding at fore.
ance of deposit after paying referee's fees and
327 property into certain portions, but was not pro-
perly executed as a will of real estate, and the
necessary to avoid the lien of a subsequent mort-
equivocal, occasional, special or temporary pos-
Where a valid, subsisting mortgage has been
amount thereof included in a new mortgage
mortgage is declared invalid as being usurious,
the former mortgage revives. Paterson v. Bird-
And the mortgagee in the second having paid
off the first, upon having his mortgage declared
void for usury, is entitled to subrogation to the
In order to avail himself of usury in a mort-
Where the defendant after commencement of
52 Costs in such an action are discretionary, and
it is not certain that the plaintift would be al-
An agreement made prior to the bond in suit,
A junior mortgagee may redeem from a prior
mortgage by paying the amount due thereon
The tender of the amount due thereon by
equivalent, if properly made, to the payment of
apart and kept for such mortgagee.
19 The junior incumbrancer having paid the
debt is entitled to subrogation.
Where the mortgagor sells portions of the remove, or control the officers constituting such
The authorized body of a municipal corpora-
which, in favor of private persons interested
therein, may, if so intended, opera e as a con-
The power to enact and enforce ordinances
Section 104, of chap. 137, of the laws of 1870,
bids, considered and applied to a peculiar case.
Ib. of the work, is sufficient to enable a party to
recover a just claim against the city, even
right to designate the papers in which their
Mayor, &c., of N. Y.
The provisions of the Revised Statutes re.
lating to publications by County Canvassers
875, Laws of 1869.
A board authorized by law to make contracts
by publishing for proposals, and by giving the
contract to the lowest bidder, has no authority,
after the bids have been opened, to materially
alter the contract as advertised by adding a
Village trustees have no power to contract
A municipal corporation does not insure citi.
194 tion, but is only liable for negligence or willful
Ib. As to evidence on trial for, see EVIDENCE.