REPAIRS — Will-gift of legacies subject to a life interest in the estate given
to the testator's widow the payments made for repairs, taxes and interest on
mortgages on a homestead farm, which the widow is given a right to occupy for
life, are to be paid from the income and not from the estate.
See MATTER OF ALBERTSON..
REPRESENTATIONS-In contracts for sale of lands.
See VENDOR AND PURCHASER.
RES ADJUDICATA:
See JUDGMENTS.
REVISED STATUTES-1 R. S., 250,
185-only applies to hydraulic
corporations who depend upon the canals for their supply of water.
1 R. S. 501-503, § 1-6-as amended by section 7 of chapter 503 of
1880-duty of commissioner of highways, to keep the highways in repair-the
duty rests upon the commissioner to see that his directions to an overseer are
complied with.
See FARMAN v. TOWN OF ELLINGTON
1 R. S. (5th ed.), 833, $$ 30-37-statute regulating division fences— the
party injured is confined to the damages specified in the statute.
See CRANDALL v. ELDRIDGE..
1 R. S. chap. 16, art. 2, tit. 1, SS 19-24-assessment of lands lying in
two adjoining towns and assessed in one of them—apportionment and assessment
of highway taxes.
See HAMPTON v. HAMSHER...
2 R. S. (6th ed.), 504, 505, §§ 38-40 — issue of stock for the purchase of
property to be used by a corporation - knowledge by the stockholder of an alleged
overvaluation of the property mast be proved.
See NATIONAL TUBE WORKS v. GILFILLAN.
R. S. pt. 2, chap. 6, tit. 3, art. 3, § 75 — legacy to the brothers and sisters
of the testator when they take distributively as tenants in common and not
[See sections of the Revised Statutes cited, ante, in this volume.]
ROCHESTER- Rule for computing the time within which acts must be done —
section 788 of the Code of Civil Procedure is not limited to actions in courts of
record.
RULE - General rule of the Supreme Court, No. 37-an order made without
notice to compel a plaintiff suing an executor to give security for costs is irregular—
Code of Civil Procedure, $$ 3271, 3268, 3269.
SALARIES- General assignments— preference to wages and salaries due to
employees given by section 29 of chapter 466 of 1877 as amended by chapter 283
of 1886-it is not limited to persons employed at the time of making the assign-
not lost by taking a note for the amount due.
SALES When a purchaser takes subject to the rights of a prior assignee.]
1. When a purchaser is advised of a prior claim of another which denies to the
seller, as against such other person, the right to make the sale, he should
desist from proceeding further to complete his purchase, or if he thereafter
proceeds in performance of his contract, he should do so subject to the equities
of the party in whom rests the prior right. The character of a bona fide pur-
chaser is not acquired unless the whole amount of the purchase-money is paid
before the purchaser becomes chargeable with notice of the outstanding equity.
So far only as the part performance is made in good faith, and no further,
he may have protection or indemnity for reimbursement, and for that pur-
pose a lien for the amount so paid.
The cases bearing upon this question cited by BRADLEY, J.
SARGENT v. EUREKA SPUND APPARATUS Čo.
2. He is not entitled to protection as a bona fide purchaser beyond the
amount actually paid before notice.] On February 2, 1885, one Warren, the
inventor of what is called the "Eureka bung," assigned the invention to
Bigelow, who, on June 19, 1885, assigned to the defendant company the letters-
patent therefor which had been issued on June 16, 1885. Prior to the assign-
ment to Bigelow an agreement had been made by Warren with the plaintiff,
which, as between Warren and the plaintiff, gave to the latter rights which
were violated by the assignment to Bigelow. Bigelow had no notice of this
agreement until April 14, 1885, before which time he had paid upon the agree-
ment, pursuant to which the assignment was made, $983.76, and had incurred
a liability to pay to others the further sum of $653.87, the aggregate of which
was, however, less than the amount which Bigelow had agreed to pay for
the invention.
Held, that the company was only protected to the extent of the money
actually paid and the liability incurred by Bigelow at the time he was notified
of the agreement made with the plaintiff. Id.
Bill of sale of an insurance policy containing a power of revocation by
the grantor-what facts showing a delivery to an agent of the grantee are suffi-
cient to pass the title.
lute sale and not as an assignment.
Transfer of all the assets of an insolvent firm-when treated as an abso-
SERVICES - Evidence. in an action brought to recover the reasonable value
of services as a nurse testimony as to the scale of prices fixed by the nurses of
training schools, not admissible.
See DE WITT v. DE WITT....
Wrongful discharge of a servant before the expiration of his term of
service — as to the duty of the servant to accept an offer of the master to continue
to employ him at a reduced rate.
See WHITMARSH . LITTLEFIELD..
A receipt in full is prima facie proof that the entire value of professional
services rendered has been paid· the recovery in an action for services rendered
by a physician is limited by his own estimate of their value.
1835, chap. 132.- Elevated roads in Brooklyn must make compensation
for operating a road in streets taken under this chapter of 1835.
See METHODIST SOCIETY v. BROOKLYN R. R. Čo..........
1850, chap. 236- Estate of a railroad company in lands appropriated
for its use the right to use them may extend beyond the prescribed term of its
corporate existence- it may be, by legislative act, transferred to a successor.
See MINER v. N. Y. C. AND H. R. R. R. Co........
1853, chap. 76 Estate of a railroad company in lands appropriated for
the right to use them may extend beyond the prescribed term of its cor
porate existence- it may be, by legislative act, transferred to a successor.
See MINER v. N. Y. C. AND H. R. R. R. Co....
1854, chap. 282, §8- Liability of a railroad company for a failure to build
and maintain fences on the side of its road-it is liable to the owner of an
adjoining lot, whose horse is killed by falling into a cut through which its tracks
are laid.
See GRAHAM v. D. AND H. CANAL CO.....
1855, chap. 427, § 85- Cancellation of an invalid tax sale by the comp
troller-grantees of the land conveyed to the purchaser are entitled to receive the
purchase-money as his assigns.
See PEOPLE EX REL. OSTRANDER v. CHAPIN..............
1857, chap. 628- Excise law, chapter 628 of 1857-a sale of liquor by a
person without a license, made on Sunday, violates the provisions of section 21 of
the said act, but not those of section 13.
See PEOPLE v. KRANK......
1857, chap. 628, § 13- Complaint for a violation of this section of this
chapter of 1857 for selling liquor without a license- when held to be insufficient.
is demurrable if it charges
1857, chap. 628, SS 13, 14- Indictment -
more than one crime Code of Criminal Procedure, §§ 278, 279 323, sub. 3.
See PEOPLE v. O'DONNELL....
1857, chap. 639- Rebuilding of a bridge between two towns.
will not compel the officers to act after a long and unexplained delay in making the
application it seems that the act is not applicable to the city of Auburn.
See MATTER OF CERTAIN FREEHOLDERS.
1858, chap. 314- General assignment · the assignee cannot maintain
an action, under this chapter of 1858, to set aside a chattel mortgage because of
a failure to file it · - nor can it be set aside by a creditor recovering a judgment
after the assignment was made.
See DORTHY . SERVIS..
1858, chap. 338 — Action to declare an assessment, which has been paid,
invalid, and to recover the sum paid -- when it can be maintained — 1858, chap.
338, as amended by chapter 312 of 1874- chap. 410 of 1882, § 897.
See MONTSAULNIN v. MAYOR.
1861, chap. 311 Payment of an assessment
tary- this chapter of 1861 relates to highways and not to streets in citics — duty
of the common council to open and work streets after acquiring title to the land-
when property owners failing to petition for opening a street, as authorized by the
charter, are deemed to consent to the delay if public interests require it the
common council may be compelled to act by mandamus.
See VANDERBECK v. CITY OF ROCHESTER....
1865, chap. 408- Assessments for opening streets -- irregularities not
prejudicial to the owners do not entitle them to refuse to allow assessments made
against them to be deducted from awards in their favor, as required by that act.
See LOWERRE v. MAYOR...
1869, chap. 917- Estate of a railroad company in lands appropriated
for its use- -the right to use them may extend beyond the prescribed term of its
corporate existence. it may be by legislative act, transferred to a successor.
See MINER . N. Y. C. AND H. R. R. R. Co..
1870, chap. 77, tit. 12, § 38 The police commissioners of the city of
Albany -sec. 38 of tit. 12 of chap. 77 of 1870, as amended by chapters 298 of
1885 and 443 of 1886 - the board has power to establish a veteran grade of
patrolmen at a reduced salary.
See PEOPLE EX REL. DECKER v. POLICE COMR'S...
1870, chap. 291, tit. 7— Incorporated villages — the price paid for land
acquired for widening streets cannot be paid from the highway tax.
See PEOPLE EX REL. RUNDELL 0. WILSON..
1873, chap. 151 - Order directing the issue of stock certificates to replace
others lost or destroyed · the loss or destruction and ownership must be proved.
See MATTER OF BIGLIN v. FRIENDSHIP ASSN....
1873, chap. 737 - Power of eminent domain may be conferred upon cor-
porations created under this chapter of 1873, providing for the formation of
water-works companies in towns and villages.
See MATTER OF NEW ROCHELLE WATER Co......
1874, chap. 312 Action to declare an assessment which has been paid,
invalid, and to recover the sum paid- when it can be maintained-1858, chap.
338, as amended by chapter 312 of 1874- Chapter 410 of 1882, section 897.
See MONTSAULNIN . MAYOR
1874, chap. 446, tit. 1, art. 1, § 14— The expense of supporting indigent
lunatics in State asylums is a town and not a county charge.
See PEOPLE EX REL. RUSSELL v. SUPERVISORS..
1875, chap. 545- When an assignment for the benefit of creditors will
be presumed to have been fully executed and to have no effect.
See N. Y. STEAM Co. v. STERN.....
General assignments — preference to wages and
salaries due to employees - it is not limited to person employed at the time of
making the assignment — not lost by taking a note for the amount due.
See MATTER OF HEATH..
1880. chap. 146 Town bonds, issued under, to replace outstanding
bonds the validity of the original bonds does not invalidate the bonds issued to
replace them - presumption that public officers not concurring in the proceed-
ings met and consulted with the others.
See HILL v. PEEKSKILL SAVINGS BANK..
1880, chap. 269 — Proceedings to review illegal and unequal assessments
under chapter 269 of 1880- costs on appeal are to be given or withheld, in the
discretion of the court, under section 3239 of the Code of Civil Procedure.
See PEOPLE EX REL. WARREN v. CARTER.
1880, chap. 322 - An order made by the Governor, under this chapter of
1880 and chapter 308 of 1882 directing a city to abate a nuisance, is not within
the provisions of section 605 of the Code of Civil Procedure.
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1880, chap. 460— Inspectors of elections have no power to alter their first
determination and statement, after the same has been filed· the board of can-
vassers may be compelled to disregard an illegal, and act upon the legal, statement.
See PEOPLE EX REL. RUSSELL v. BOARD OF CANVASSERS
390
1880, chap. 503, § 7 Amending 1 R. S., 501-503, §§ 1-6-duty of
commissioner of highways to keep the highways in repair — the duty rests upon
the commissioner to see that his directions to an overseer are complied with.
See FARMAN v. TOWN OF ELLINGTON.....
1881, chap. 531-Action by tax payers to restrain the illegal acts of
1881, chap. 700 — Action against a town under.
See FARMAN v. TOWN OF ELLINGTON.
1882, chap. 308 — An order made by the governor, under chapter 322 of
1880, and chapter 308 of 1882, directing a city to abate a nuisance, is not within
the provisions of section 605 of the Code of Civil Procedure.
See VICK v. CITY OF ROCHESTER
1882, chap. 384- Penal Code, § 181, as amended by chapter 384 of 1882 —
what facts do not establish the death of a person alleged to have been killed by
"direct proof."'
1882, chap. 410, § 307 — Retirement of patrolmen from the police force of
the city of New York-section 307 of the consolidation act, as amended by chapter
364 of 1885-it does not require the service of twenty years to be continuous.
See PEOPLE EX REL. BOLSTER v. FRENCH.....
1882, chap. 410, § 897-Action to declare an assessment which has been
paid invalid, and to recover the sum paid—when it can be maintained — 1858,
chap. 338, as amended by chapter 312 of 1874.
See MONTSAULNIN . MAYOR..
1885, chap. 298- The police commissioners of the city of Albany-sec. 38
of tit. 12 of chap. 77 of 1870, as amended by chapters 298 of 1885 and 443
of 1886-the board has power to establish a veteran grade of patrolmen at a
reduced salary.
See PEOPLE EX REL. DECKER v. POLICE COMRS..
1885, chap. 364-Retirement of patrolmen from the police force of the
city of New York- -sec. 307 of the consolidation act, as amended by chapter 364
of 1885-it does not require the service of twenty years to be continuous.
See PEOPLE EX REL. BOLSTER . FRENCH.
1885, chap. 483 - · Construction of a devise to a wife for her life with a
power of disposal — collateral inheritance tax-1885, chap. 483 as amended by
chap. 713 of 1887- - an assessment of the estate in remainder cannot be made
during her life time.
See MATTER OF SURROGATE OF CAYUGA COUNTY....
1885, chap. 483- Collateral inheritance tax. -property in this State
belonging to a person residing and dying in another State is subject to it.
See MATTER OF ENSTON
-1886, chap. 283 — General assignments — preference to wages and salaries
due to employees given · it is not limited to persons employed at the time of mak-
ing the assignment — not lost by taking a note for the amount due.
See MATTER OF HEATH...
1886, chap. 443 The police commissioners of the city of Albany — sec.
88 of title 12 of chap. 77 of 1870, as amended by chapters 298 of 1885 and 443
of 1886-
the board has power to establish a veteran grade of patrolmen at a
reduced salary.
See PEOPLE EX REL. DECKER v. POLICE COMMISSIONERS
1887, chap. 490 The failure of a board of police commissioners of New
York city to make an appointment of inspectors of election within the time pre-
scribed by this act, does not deprive it of the power to thereafter make it, in the
absence of any prohibition to do so.
See PEOPLE EX REL. McMACKIN v. BOARD OF POLICE.
1887, chap. 504-Authorizing villages to raise additional taxes — the
power thereby given is independent of and in addition to provisions made for the
raising of such taxes in special charters.
See CARTWRIGHT v. VILLAGE OF SING SING....
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1887, chap. 713- Construction of a devise to a wife for her life with a
power of disposal — collateral inheritance tax- 1885, chap. 483, as amended by
this chapter of 1887 — an assessment of the estate in remainder cannot be made
during her lifetime.
See MATTER OF SURROGATE OF CAYUGA COUNTY
[See table of Session Laws cited, ante, in this volume.]
SET-OFF Equitable offset — when payments made under a decree of a surro-
gate, which he had no power to make, will be allowed.] Upon an accounting
before the Surrogate's Court, a decree was entered adjudging that there was
in the hands of the plaintiff, as administrator, the sum of $351.39 belonging
to the defendant, which the surrogate directed to be paid by applying the
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