Under title indicating amend-telegraph. May v. Nat. Bank of
ment of charter, confirmation of Malone, 9 Hun, 108.
unauthorized acts is void. City Oral conditions of signature.
of Watertown v. Fairbanks, 65 N. Brewer's Fire Ins. Co. v. Burger,
Y. 588.
10 Hun, 56.
As to temporary appointment of
surrogate by supreme court.
ter of Hathaway, 9 Hun, 79.
Promise to pay debt due a third
Mat-person, and assignment thereof.
Barlow v. Myers, 64 N. Y. 41; 3
Hun, 720; 6 T. & C. 183.
Effect of orders accepted. Ris-
Action not the remedy for. ley v. Smith, 64 N. Y. 576.
Foster . Townshend, 2 Abb. New
Effect of signing as "surety."
Hubbard v. Gurney, 64 N. Y. 457.
Contract to pay riparian owner
Mode of proceeding to punish.
Mayor, &c. v. N. Y. & Staten of navigable stream, for consent to
Island Ferry Co., 64 N. Y. 622.
Non-payment of money not pun-
ishable as. Randall v. Dusenbury,
41 Super. Ct. (J. & S.), 456. Com-
pare Code of Civ. Pro. § 14, subd.
3, § 1240.
Power to retry and resentence
for same contempt. Snyder v.
Van Ingen, 9 Hun, 569.
CONTRACTS.
Distinguished from
continuously moor rafts, not en-
forceable. Moore v. Jackson, 2
Abb. New Cas. 211.
Validity of gold sales. Bigelow
v. Benedict, 9 Hun, 429.
Validity of sharing fees of office.
Thurston v. Fairman, 9 Hun, 584.
Of covenants in restraint of
Weller v. Hersee, 10 Hun,
Parol promise to pay for comple-
tion of contract with third person.
receipt. Talmadge v. Spofford, 41 Super. Ct.
Woodruff . Sherrard, 9 Hun, 322. (J. & S.) 428.
Signature by agent. Peck v.
Written admission of purchase,
without specifying terms, not suf-
W. agent for S, is an execution ficient even with bought and sold
in name of the principal. Wal-note. Newbery v. Wall, 65 N. Y.
bridge v. Kilpatrick, 9 Hun, 135. 484; 3 J. & S. 106.
Undisclosed principal cannot Distinction between original and
enforce sealed contract for land collateral promise. May v. Nat.
without ratification. Briggs v. Bank of Malone, 9 Hun, 108.
Partridge, 64 N. Y. 357; 7 J. & Signature of cashier binds a
bank under statute of frauds.
Contracts by public officers-May v. Nat. Bank of Malone, 9
personal liability. Paulding v. Hun, 108.
Cooper, 10 Hun, 20.
Distinction between sale and
Inadequacy of consideration. manufacture. Cooke v. Millard,
Earl v. Peck, 64 N. Y. 596.
Made by letter, and revoked by
65 N. Y. 352; 5 Lans. 350.
Requisites of memorandum of
employment under statute of measure of damages. Wetmore v.
frauds. Hagan v. Domestic Sew-Jaffray, 9 Iun, 140.
ing Machine Co., 9 Hun, 73.
Occasional breach of contract in
Part performance, to take case restraint of trade. Sander v. Hoff-
Miller v. man, 64 N. Y. 248; 7 J. & S.
out of statute of frauds.
Written prevails over printed Fraud, not available as a de-
matter. Burt v. Brewers' & Mal- fense, without rescission.
sters' Ins. Co., 9 Hun, 383.
v. Nichols, 64 N. Y. 117.
Language construed according Rescission after acceptance of
to ordinary meaning. Meaning of order payable out of proceeds.
"lots fronting," &c. Clark v. N. Risley v. Smith, 64 N. Y. 576.
Y. Life Ins. & Trust Co., 64 N. Y. Forfeiture by non-payment of
33; 7 Lans. 322.
royalties. Smith. Newland, 9
Price of goods in market, deter-Hun, 553.
Harrison v. Glov- Expiration of contract does not
terminate previous rights. Bush-
To furnish materials, "more ornell v. Chautauqua Co. Nat. Bank,
less." Harrington v. Mayor, &c. 10 Hun, 378.
of N. Y., 10 Hun, 248.
Relative duty of architect and
contractor. Slater v. Mersereau, 64
N. Y. 138; 5 Daly, 445.
CONTRACTORS.
Rights of public contractors
against the State. Lord v. Thomas,
64 N. Y. 107.
Certificate of inspector not con-
clusive unless so provided. Bigler
v. Mayor, &c. of N. Y., 9 Hun, sub-contractor.
To leave property by will must
be certain and definite. Shakes-
peare v. Markham, 10 Hun, 311.
When liable for negligence of
Slater 7. Mer-
sereau, 64 N. Y. 138; 5 Daly,
445.
Agreement of decedent to make
Of personal property; demand
provision for claimant at death. on defendant before suit. Corsan
Nicholl. Larkin, 2 Redf. Surr. v. Oliver, 2 Abb. New Cas. 352.
236.
By sale after tender refused.
Stipulation for written waiver, Tiffany v. St. John, 65 N. Y. 314;
may be waived orally. Van Allen 5 Lans. 153.
v. Farmers' Joint Stock Ins. Co., 10
Hun, 397.
Conditional extension of time to
perform. Levy v. Burgess, 64 N.
Y. 390; 6 J. & S. 431.
A bona file purchaser, chargeable
with. Cormier v. Batty, 41 Super.
Ct. (J. & S.) 70.
Right of employer to certificate
of deposit obtained by his agent by
Refusal to perform, when it con-use of employer's funds. Voltz .
stitutes a breach. Gray v. Green, Blackmar, 64 N. Y. 646.
Subsequent levy, no defense.
Breach of contract for board :Tiffany v. Lord, 65 N. Y. 310.
L. 1874, p. 93, c. 76, by omitting
corporations created by special
"Conviction of adultery" means charters, and directing application
divorce. Schiffer v. Pruden, 64 to be made to special term of su-
N. Y. 47; 7 J. & S. 167.
Service upon person in charge
of his office. Manning v. Keenan,
9 Пun, 686.
CORPORATIONS.
preme court of county where the
chief business office is situated),
further amended by omitting rail-
road companies, by L. 1876, p. 281,
c. 280.
Awarded in equitable actions
reviewed by general term.
Law v.
General act for safe deposit and McDonald, 9 Hun, 23.
guaranty companies (L. 1875, p. Where there is question of title
770, c. 613) amended. L. 1877, to real property in equitable action.
Receiving payment of stock in Code of Pro. § 304. Law v. Mc-
Donald, 9 Hun, 23.
materials and labor. Van Cott v.
Van Brunt, 2 Abb. New Cas. 283.
Implied powers of officers as to
contracts; estoppel. Alexander v.
Brown, 9 Iun, 641.
Fees on sale in partition. Rich-
ards v. Richards, 2 Abb. New Cas.
93.
Fees and commissions of referee
to sell in partition cases. Daby v.
Accepting and holding certificate
of stock subjects holder to liabil-Jacot, 2 Abb. New Cas. 97.
ities of stockholder. Van Cott v.
Van Brunt, 2 Abb. New Cas. 283.
Personal liability of
Sieger . Culyer, 2 Abb.
847.
Fees of sheriff of Kings county
on foreclosure sales, fixed. L.
1876, p. 467, c. 439.
Directors liable for transactions
in their own interest. Van Cott
Not affected by tardy offer of
judgment. Herman v. Lyons, 2
Abb. New Cas. 90.
Of a former trial. Cochran v.
v. Van Brunt, 2 Abb. New Cas. 283. Gottwald, 41 Super. Ct. (J. & S.)
Mortgage of corporate franchise.
Carpenter v. Black Hawk Gold
Mining Co., 65 N. Y. 43.
Ratification of mortgage by
statute accepted. Whitney v.
Union Trust Co., 65 N. Y. 576.
Lapsing of legacy to dissolved
corporation. Booth v. Cornell, 2
Redf. Surr. 261.
When party is estopped from de-
nying incorporation. Loaner's
Bank v. Jacoby, 10 Iun, 143.
Minutes of former trial, taxable.
Flood v. Moore, 2 Abb. New Cas. 91.
Of appeal in case of stipulation
to abide event. Moses v. McDivitt,
2 Alb. New Cas. 47.
When granting of new trial
cannot be conditioned on payment
of. Henderson v. Henderson, 2
Abb. New Cas. 102.
On reference as to surplus
moneys, costs are only motion
costs and referee's fees, and allow-
L. 1870, p. 750, c. 322, author-
izing corporations to change their ance cannot be granted. McDer-
names (which was amended by mott v. Hennesy, 9 Hun, 59.
Allowed when claim against tes-
tator's estate is unreasonably re-
sisted. Darling v. Halsey, 2 Abb.
New Cas. 105.
Not to be set up by one of two
joint defendants, unless there can
When claim against an executor Bank of Newark v. Boylan, 2 Abb.
be a several judgment. Nat. State
is not unreasonably resisted, plain-New Cas. 216.
tiff not entitled to costs. Pinker- Admitted by failure to reply.
nelli v. Bischoff, 2 Abb. New Cas. Barthet v. Elias, 2 Alb. New Cas.
Refused in foreclosure of me- In action by assignee in bank-
chanic's lien against executor, &c.;ruptcy. Von Sachs v. Kretz, 10
disbursements allowed. Marryatt Hun, 95.
v. Riley, 2 Abb. New Cas. 119.
Allowances regulated. L. 1876,
p. 455, c. 431. And see 3 Abb. New Office hours and holidays in
No extra allowance on a verdict
for six cents. Murray . Robin-
son, 9 Пип, 137.
Schenectady. L. 1877, p. 77, c.
Defective records in Chenango.
L. 1877, p. 236, c. 215.
COUNTY COURTS.
Terms and proceedings in. L.
Allowance computed upon the
value of the property, instead of
on the amount of damages. War-
ren v. Buckley, 2 Abb. New Cas. 1876, p. 452, c. 431. Compare
Allowance, how computed in
injunction case. Spofford v. Texas
Land Co., 41 Super. Ct. (J. & S.)
228.
Appeal not stayed for non-pay-
ment of costs. Wice v. Commer-
cial Fire Ins. Co., 2 Abb. New Cas.
325.
What is special proceeding.
People ex rel. Day v. Bergen, 9
Hun, 202.
Code of Civ. Pro. §§ 342, 355.
Have jurisdiction to direct a sale
by referee on foreclosure of a
mechanic's lien. Gaulin . Mills,
2 Abb. New Cas. 114.
COUNTY JUDGES.
If interested, may request judge
from another county to sit. Matter
of Ryers, 10 Hun, 93. Compare
Code of Civ. Pro. § 342.
County judge acting out of his
county may perform any power
Taxation in special proceeding, except that of surrogate. L. 1877,
how set aside and reviewed. p. 17, c. 11.
Mayor, &c. of N. Y. v. Cornell, 9
Hun, 215.
Readjustment of, when granted,
what direction as to readjustment,
proper. Murdock v. Adams, 10
Hun, 567.
Salaries. L. 1877, p. 23, c. 21;
L. 1877, p. 37, c. 35 (am'd'g L.
1872, c. 767, § 3); L. 1877, p. 414,
c. 401.
COUNTY TREASURERS.
Rights and compensation. Su-
Motion costs; non-payment. L. pervisors of Delaware v. Foote, 65
1876, p. 456.
Duties as to deposits; compen- Court of special sessions of New
sation; clerks; accounts; removal. York. People ex rel. Shea v. Board
L. 1877, p. 492, c. 436.
of Police of N. Y., 9 Huh, 222.
Recorder's court of Utica. L. Against incumbrances. Anony-
1877, p. 277, c. 267.
Municipal court of Rochester.mous, 2 Abb. New Cas. 56.
L. 1876, p. 200, c. 196; L. 1877, Rights of grantee with covenant
p. 204, c. 192.
of warranty. Barnes v. Mott, 64
Costs recoverable in city court of N. Y. 397.
Yonkers. Undertaking on appeal
not necessary. L. 1876, p. 235,
COURT OF APPEALS.
Will not order re-hearing or new
application in court below. Ingra-
ham, Matter of, 64 N. Y. 310; 4
Hun, 495.
Calendar. L. 1876, p. 451, c.
Never in possession; breach of
covenant for quiet enjoyment.
Hatch v. Elkins, 65 N. Y. 489.
Effect of discharge in bankrupt-
COURT OF COMMON PLEAS. cy. Dewey v. Moyer, 9 Hun, 473.
Jurisdiction of, over marine Wife's dower protected. Lowry
court judgment after filing of v. Smith, 9 Hun, 514.
transcript. Oberwarth v. McLean,
Remedy in case of fraud of
transferce. People v. Speir, 2 Alb.
New Cas. 466.
Necessity of conveyance to re-
Proceedings of courts-martial, ceiver. Van Wyck v. Baker, 10
Remedy for omission to direct
COURTS OF OYER AND TER-conveyance to receiver. Cole .
Presiding judge of court of oyer
and terminer may grant a new trial
on exceptions, or on the ground of
newly-discovered evidence,
motion on the minutes, or on affida-
vits, as the case requires. L. 1876,
p. 290, c. 295.
Intent to commit trespass distin-
guished from larceny. McCourt v.
People, 64 N. Y. 583.
For delay in carrier's delivery.
Sherman v. Hudson R. R. R. Co.,
L. 1855, p. 499, c. 290, relating 64 N. Y. 254; 5 Daly, 521.
to courts of special sessions and Measure of, on breach of contract
amended by L. 1876, p. 387, c. to board with plaintiff. Wetmore
v. Jaffray, 9 Hun, 140.
the police of Rensselaer county,
|