Ch. 231, § 110b. Laws 1922, ch. Ch. 231, § 116. Ch. 231, § 120. Ch. 231, § 122 Ch. 231, § 124. Ch. 231, § 127. Ch. 231, § 128. Ch. 231, § 138. Ch. 231, § 145. Ch. 232, § 1.
Ch. 232, § 2. Ch. 233, § 22. Ch. 233, § 23.
Ch. 233, 65.
276, 900, 902 Added by 532, § 8.. 658
1882, ch. 410, § 990..
1882, ch. 410, § 1991. Amended by Laws 1918,
1897, ch. 378. See City Charter of Greater New York.
§§ 243, 262, 422, 424, 425 381
662 CODE OF CRIMINAL PRO-
674 §§ 22, 343, 344, 542...... 645 Art. 1, § 1..
1919, ch. 187, §§ 1-10.... 677
Laws 1922, ch. 660..... 6481465-37 to 1465-108 306
1888, ch. 429, § 9. Amend-
1894, ch. 548, §§ 23, 24.
Workmen's Compensation Law.
244 Ch. 67 244 §§ 11, 16...
1897, chs. 431, 490. 1903, ch. 437, §§ 27, 40. 1908, ch. 379, § 1. 1909, ch. 490, pt. 1, § 23. Amended by Laws 1918, ch. 129.
775 § 94, subsec. 4.. 258
1909, ch. 490, pt. 3, § 41.. 801 1909, ch. 490, pt. 3, § 45. Amended by Laws 1912, ch. 390.
1913, ch. 577, § 3. Amend-
ed by Laws 1914, ch. 119, § 2.. 1914, ch. 119, § 2..
Ch. 60 7062, subsec. 6..
21 214. Amended by Laws 706 1920, ch. 640..... 700 88 218, 219... 21
622 $8 12400, 12432. § 12760 §§ 12842, 13571, 13587, 13659.. .377, 430 § 13680.
Laws 1923, p. 301...... 892
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
~3 (111.) Parties waive informalities pleadings by stipulation as to pleadings or is- sues for trial.-People v. Lord, 146 N. E. 506. 18(9) (N.Y.) Agreement to deduct certain amount from verdict binding.-Larscy v. T. Hogan & Sons, 146 N. E. 430.
STREET RAILROADS.
II. REGULATION AND OPERATION. 100(1) (Mass.) Minor pedestrian held neg- ligent. Sullivan v. Boston Elevated Ry. Co., 146 N. E. 24.
117(5) (Mass.) Evidence held insufficient to make jury question as to motorman's negli gence. Glennon v. Boston Elevated Ry. Co., 146 N. E. 250.
117(5) (Mass.) Questions of negligence of street railroad held for jury.-Sharp v. Boston Elevated Ry. Co., 146 N. E. 251.
117(7) (Mass.) Evidence held not to war- rant submission of negligence in striking minor pedestrian, attempting to board car.-Sullivan v. Boston Elevated Ry. Co., 146 N. E. 24.
117(26) (Mass.) Questions of due care of automobile driver held for jury.-Sharp v. Bos- ton Elevated Ry. Co., 146 N. E. 251.
I. NATURE AND EXTENT OF POWER IN GENERAL.
(Mass.) Tax on income from property is in essence a tax on property.-American Mfg. Co. v. Commonwealth, 146 N. E. 801.
III. LIABILITY OF PERSONS AND PROPERTY.
(A) Private Persons and Property in Gen- eral.
88 (Mass.) Nonresident brokers, holding warehouse receipts, held "owners" of cotton.- Brush v. City of New Bedford, 146 N. E. 9.
104 (Mass.) Resident executors appointed under foreign will, not acting as trustees, held not liable for income tax on sale of intangi- bles.-Brewster v. Commissioner of Corpora- tions and Taxation, 146 N. E. 259.
(B) Corporations and Corporate and Property.
117 (Mass.) Franchise tax of New York held to be tax on income itself.-American Mfg. Co. v. Commonwealth, 146 N. E. 801.
145 (N.Y.) Exercise by railroad of right to cross navigable waters held assessable as a "special franchise."-People ex rel. New York Cent. R. Co. v. State Tax Commission, 146 N. E. 197.
—244 (III.) operty owned by church and used as pastor' esidence held taxable.-People v. Methodist Episcopal Church of Waukegan Station, 146 N. E. 165.
V. LEVY AND ASSESSMENT. (D) Mode of Assessment of Corporate Stock, Property, or Receipts.
376 (3) (Mass.) To require value of prop- erty in another state to be deducted from cor- porate franchise, tax must be actually levied on property; "subject to."-American Mfg. Co. v. Commonwealth, 146 N. E. 801.
Merchandise of domestic corporation situat- ed in New York held not subject to taxation there, within statute as to deduction from franchise value.-Id.
496 (10) (N.Y.) Taxpayer, seeking revision of assessment, must not only prove error, but its exact amount.-People ex rel. Charles Kohl- man & Co. v. Law, 146 N. E. 622.
496(12) (N.Y.) Appellate Division held un- authorized to remit proceedings to state tax commission, where relator failed to fix amount of alleged error in assessment.-People ex rel. Charles Kohlman & Co. v. Law, 146 N. E. 622.
VII. PAYMENT AND REFUNDING OR RE. COVERY OF TAX PAID.
537 (Ind.App.) Taxpayer's right to recov- er taxes wrongfully assessed not changed, be- cause county treasurer had distributed money. -American Mills Co. v. Fifer, 146 N. E. 870.
543 (1) (Ind.App.) Taxpayer's action, against county treasurer to recover taxes wrongfully assessed, cannot be maintained.- American Mills Co. v. Fifer, 146 N. E. 870.
X. REDEMPTION FROM TAX SALE.
696 (Mass.) Statute providing method of redeeming property from tax sale by payment to collector must be strictly construed.-Hods- don v. Weinstein, 146 N. E. 675.
713 (Mass.) Certificate issued by ex-tax collector for redemption of property from tax sale held without legal effect.-Hodsdon v. Weinstein, 146 N. E. 675.
724 (Mass.) Money received for redemption of property from tax sale must be paid to per- son at time holding office of tax collector.- Hodsdon v. Weinstein, 146 N. E. 675.
(C) Actions to Confirm or Try Title. 810(1) (III.) Burden of proving validity of tax deeds on persons claiming thereunder.- City of Chicago v. Collin, 146 N. E. 741.
810(3) (H.) Judgment declaring tax deeds void beld warranted.-City of Chicago v. Collin, 146 N. E. 741.
(D) Rights and Remedies of Purchaser of Invalid Title.
819 (Mass.) Right to relief of grantee in tax deed is dependent on full performance of acts required by statute.-Byrne v. Inhabitants of Town of Sharon, 146 N. E. 706.
(D) Direction of Verdict.
821 (4) (Mass.) Failure of grantee of tax deed within six months after date of the deed 174 (Mass.) Request for ruling held in ef- to offer by writing to surrender or discharge fect motion for directed verdict, properly de- deeds, precluded recovery of money paid there- nied.-Carp v. Kaplan, 146 N. E. 779. for.-Byrne v. Inhabitants of Town of Sharon, 178 (Ill.) Evidence taken in light most 146 N. E. 706.
See Fraud, 12-52; Libel and Slander, 100-123; Malicious Prosecution, 56-72; Municipal Corporations, 747-808; Negli gence, 32-141; Nuisance, 3-34; Tro- ver and Conversion.
1. CREATION, ALTERATION, EXISTENCE, AND POLITICAL FUNCTIONS.
favorable to plaintiff, on defendant's motion for directed verdict.-Hunter v. Troup, 146 N. E. 321.
On motion for directed verdict, court can only consider competent evidence.-Id.
VII. INSTRUCTIONS TO JURY. (A) Province of Court and Jury in Gen- eral.
19(2) (III.) Instruction as to presumption of testatrix's mental capacity held erroneous as in issue.-Harris v. Etienne, 146 N. E. 547. assuming due execution when that matter was
3 (I.) Attempt to organize new township from territory of city comprising one whole 199 (III.) Instruction held erroneous township and portion of another invalid. People v. Schillinger, 146 N. E. 444.
submitting legal question whether witnesses stated facts justifying formation of opinion as to testatrix's mental capacity.-Britt v. Dar- nell, 146 N. E. 510.
(D) Applicability to Pleadings and Evi-
inapplicable and impertinent to facts, rightly 252(1) (Mass.) Requests for instructions, refused.-Hall v. Kotowski, 146 N. E. 717.
(E) Requests or Prayers.
258(1) (Ohio) Inquiry of counsel held suffi- cient to direct attention to, and require charge on, contributory negligence, if it was in issue.- James v. Cincinnati Traction Co., 146 N. E. 211.
8 (I.) Incorporated labor union held to have title to property informally transferred 260(1) (Mass.) Error not predicated on re- to it by unincorporated union sufficient to sue fusal of requests substance of which was giv- for loss.-Chicago German Hod Carriers' Un- en.--Finance Corporation of New England v. ion and Benevolent Soc. v. Security Trust & Parker, 146 N. E. 696. Deposit Co., 146 N. E. 135.
2 (Ind.) Legal and equitable issues may be tried at same time or at different times as court may direct.-Rich v. Fry, 146 N. E. 393.
(G) Construction and Operation.
295 (5) (Mass.) Charge that, if you give any value at all it is value, not misleading.- Finance Corporation of New England v. Par- ker, 146 N. E. 696.
296 (2) (Ohio) Reading inapplicable statute to jury held without prejudicial error, in view of caution thereon.-Ŵ. W. Lawrence & Co. v. Kern, 146 N. E. 54.
296(3) (Ind.App.) Instruction as to degree of care required of city, maintaining lighting plant, held not reversible error.-Town of Ox- ford v. Scott, 146 N. E. 833.
296 (4,5) (Ind.App.) Failure to include question of plaintiff's contributory negligence 3 (Ind.App.) Granting of separate trials in instruction held not reversible error, in against respective defendants generally within view of other instructions and of defendant's discretion of trial court.-Massachusetts Bond-failure to show contributory negligence.—Arti- ing & Insurance Co. v. State, 146 N. E. 116. ficial Ice & Cold Storage Co. v. Waltz, 146 N. E. 826.
3 (N.Y.) Equitable defenses triable by jury same as legal defenses, and issues may be tried separately.-Susquehanna S. S. Co. v. A. VIII. CUSTODY, CONDUCT, AND DELIBER- O. Andersen & Co., 146 N. E. 381.
IV. RECEPTION OF EVIDENCE.
(C) Objections, Motions to Strike Out, and Exceptions.
312(2) (Ind.App.) Oral instruction on dam- ages, made after request to charge jury in writing, held reversible error.-Cutler v. David- son, 146 N. E. 584.
91 (III.) Proper to move to exclude physi- X. TRIAL BY COURT. cian's opinion when cross-examination devel- oped that it was based on history of case. (A) Hearing and Determination of Cause. Lehigh Stone Co. v. Industrial Commission, 386 (3) (Mass.) Refusal of request, ren- 146 N. E. 533. dered immaterial by finding, held without error. 91 (Mass.) Refusal to strike hearsay tes--J. G. Pierce Co. v. Wallace, 146 N. E. 658. timony, admitted without objection, concerning 386 (4) (Mass.) Denial of request that plaintiff's arrest, held within court's discretion. -Rich v. Rogers, 146 N. E. 246.
VI. TAKING CASE OR QUESTION FROM JURY.
(A) Questions of Law or of Fact in Gen- eral.
138 (Mass.) Trial judge must decide ques- tion of fact necessary to determine admissi- bility of offered evidence.-Hart Packing Co. v. Guild, 146 N. E. 238.
plaintiff in suit for use and occupation could not recover not error liability for use being ques- tion of fact.-Lufkin v. Spiller, 146 N. E. 36.
Denying request that defendant was not liable unless he was owner of business held without error.-Id.
(B) Findings of Fact and Conclusions of Law.
395(1) (Ind.App.) Finding that court re- porter's claim satisfied by payment held erro-
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER neous.-Etzold v. Board of Com'rs of Hunting- V. EXECUTION OF TRUST BY TRUSTEE ton County, 146 N. E. 842. OR BY COURT. 395(5) (N.Y.) Where decision found ulti-272 (3) (Mass.) Stock dividend regarded as mate fact not necessary to find evidentiary capital to be held as part of trust.-Coolidge v. fact that sale on credit.--Island Trading Co. v. Grant, 146 N. E. 719. Berg Bros., 146 N. E. 345.
395(7) (Ind.) Finding that plaintiff had vendor's lien on land sold to defendant for amount of purchase money held not required to See Trade Unions. state that he was entitled to a foreclosure of such lien.-Rich v. Fry, 146 N. E. 393.
404(4) (Mass.) General finding for plain- See Sales. tiff imports finding of subsidiary facts neces- sary to result.-Lufkin v. Spiller, 146 N. E. 36.
TROVER AND CONVERSION.
I. CREATION, EXISTENCE, AND VA- LIDITY.
(A) Express Trusts.
13 (Mass.) Trust instrument under seal and accompanied by actual delivery of proper- ty not open to attack for want of considera- tion.-Jones v. Old Colony Trust Co., 146 N. E. 716.
14 (Mass.) Gifts taking effect after set- tler's death held not to circumvent statute of wills.-Jones v. Old Colony Trust Co., 146 N. E. 716.
17, 18(3) (Mass.) Express trust estab- lished only by writing.-Young v. Young, 146 N. E. 574.
20 (Mass.) Recital in wife's will held in- sufficient to create express trust.-Young v. Young, 146 N. E. 574.
35 (2) (Mass.) Trust inter vivos paying in- come to settler for life, with right to alter terms and withdraw principal, held valid.-Jones v. Old Colony Trust Co., 146 N. E. 716.
I. REQUISITES AND VALIDITY OF CON- TRACT.
21 (Ind.) Contract held to contain sufficient undertaking by defendant to pay purchase price of farm on or before certain date.-Rich v. Fry, 146 N. E. 393.
II. CONSTRUCTION AND OPERATION of CONTRACT.
46 (Mass.) Word "unable" held obviously used mistakenly for word "able" in contract for purchase of land.-New York, N. H. & H. R. Co. v. Preferred Underwriters, 146 N. E. 905.
IV. PERFORMANCE OF CONTRACT. (A) Title and Estate of Vendor. 130(1) (Ohio) Purchaser entitled to mar- ketable title, where contract silent thereon.- McCarty v. Lingham, 146 N. E. 64.
130(2) (Ohio) Vendor not required to ac- cept married woman's conveyance with liens and incumbrances, and without release of hus- band's inchoate dower.-McCarty v. Lingham, 146 N. E. 64.
Import of "marketable title" stated.—Id.
V. RIGHTS AND LIABILITIES OF PAR-
(A) As to Each Other.
~203 (N.Y.) Loss of building by fire required to be borne by vendor under contract.-Brow- nell v. Board of Education of Inside Tax Dist.. of City of Saratoga Springs, 146 N. E. 630.
VI. REMEDIES OF VENDOR. (B) Actions for Purchase Money. 314(1) (Ind.) Allegations held to show waiver of strict performance of preliminary con- 51 (Mass.) Reservation of income to set- tler for life did not impair trust's validity.ditions of contract for sale of farm.-Rich v. Jones v. Old Colony Trust Co., 146 N. E. 716. Power to change terms of trust held not to affect its validity.-Id.
Right of donor to withdraw principal did not defeat trust.—Id.,
showing and deeds conveying good title held Performance of condition to deliver abstracts sufficiently alleged.-Id.
That plaintiff had good title held sufficiently alleged to withstand general demurrer.-Id. Complaint held to show that note given in consideration of sale of farm was executed for a valuable consideration.-Id.
6334 (11.) Resulting trust arises instant legal title is taken.-Rolofson v. Malone, 146 N.315(3) (Ind.) Evidence held sufficiently to
Resulting trust arises out of presumed inten-
tion and not agreement.-Id.
69 (.) "Resulting trust" defined.-Rolof- son v. Malone, 146 N. E. 169.
86 (III.) Payment of consideration raises prima facie evidence in favor of resulting trust. -Rolofson v. Malone, 146 N. E. 169. Evidence held to overcome presumption of re- sulting trust on husband's purchase in own name of land with wife's money.-Id. III. APPOINTMENT, QUALIFICATION, AND TENURE OF TRUSTEE.
169(3) (Mass.) Child of remainderman held entitled to notice of petition for appointment of trustee.-Gallagher v. Sullivan, 146 N. E. 769.
Decree appointing trustee held not subject to collateral attack.-Id.
Petition for revocation of decree appointing trustee held appropriate remedy, and properly allowed.-Id.
prove that note given in contract for sale of Fry, 146 N. E. 393.
farm was for valuable consideration.-Rich v.
VII. REMEDIES OF PURCHASER. (A) Recovery of Purchase Money Paid.
334(1) (Mass.) Purchaser unable to ob- tain title without fault on his part was entitled to refund of payments.-Buckley v. Meer, 146 N. E. 227.
(B) Actions for Breach of Contract.
342 (N.Y.) Vendee held entitled to recover either money paid on purchase price for sale of building destroyed by fire or stipulated dam- ages.-Brownell v. Board of Education of In- side Tax Dist. of City of Saratoga Springs. 146 N. E. 630.
343 (3) (Ohio) Vendor's failure to obtain release of dower and discharge incumbrances held to give vendee right of action.-McCarty v. Lingham, 146 N. E. 64.
351 (2) (Ohio) Measure of damages for vendor's failure to give marketable title stated. -McCarty v. Lingham, 146 N. E. 64.
18 (Mass.) Not essential to suit by as- signee of nonnegotiable receipt and causes of action for damages that obligee of warehouse- man's bond should execute assignment.-Com- monwealth v. Market Warehouse Co., 146 N. E. 29.
25(7) (Ind.App.) Commission merchants purchasing grain from elevator owner holding it as batlee held to have acquired no equitable lien as against bailor for advances to bailee.- Sawers Grain Co. v. Goodwin, 146 N. E. 837. 45 (III.) Law of bailments applicable to loss of contents of safety deposit box.-Chi- cago German Hod Carriers' Union and Benevo- lent Soc. v. Security Trust & Deposit Co., 146 N. E. 135.
Safe depositary bound to use ordinary care. -Id.
trix executed will.-Needham Trust Co. v. Cookson, 146 N. E. 268.
III. CONTRACTS TO DEVISE OR BE- QUEATH.
58(2) (III.) Findings held to justify order that oral contract of father with daughter for grant of land be performed.-Williams v. De Roo, 146 N. E. 470.
IV. REQUISITES AND VALIDITY. (B) Form and Contents of Instruments. 98 (Mass.) Gift to beneficiaries named in husband's will held valid.-Bemis v. Fletcher, 146 N. E. 277. Testator may incorporate existing paper in- to his will.-Id.
(F) Mistake, Undue Influence, and Fraud. 157 (III.) Testatrix's relations to benefici- ary held not to invalidate will for undue influ- ence.-Britt v. Darnell, 146 N. E. 510.
Will held not void for undue influence of tes- tatrix's companion and attendant.-Id. Confidential relation no obstacle to making will in favor of confidant.-Id.
45 (Mass.) Attorney intrusted with key to safety deposit box held renter's deputy.-West v. State Street Exchange, 146 N. E. 37. 47 (11.) Evidence as to amount of prop-157 (Ind.) Testator's intimate relations erty in safety deposit box held sufficient for jury. Chicago German Hod Carriers' Union and Benevolent Soc. v. Security Trust & De- posit Co., 146 N. E. 135.
Evidence of negligence in loss of contents of safety deposit box held sufficient for jury.-Id.
WATERS AND WATER COURSES. See Drains; Navigable Waters.
II. NATURAL WATER COURSES. (E) Bed and Banks of Stream. 89 (Ind.App.) Contract to convey with ref- erence to nonnavigable river as boundary held to entitle grantee to riparian rights.-Vance v. Wade, 146 N. E. 399.
IV. NATURAL LAKES AND PONDS. 114 (Mass.) Evidence held not to show willful or malicious injury by not retaining wa- ter in great pond.-Tillson v. Cranebrook Co., 146 N. E. 671.
with wife and children, to whom bulk of prop- erty was devised, not evidence of undue influ- ence.-Crane v. Hensler, 146 N. E. 577.
158 (Ind.) "Undue influence" must destroy testator's free agency to vitiate will.-Crane v. Hensler, 146 N. E. 577.
159 (Mass.) Undue influence must be op- erative at time will was executed.-Angell v. Lighthipe, 146 N. E. 692.
163(2) (III.) No presumption of undue in- fluence arises because fiduciary is made bene- ficiary.-Britt v. Darnell, 146 N. E. 510.
trix's deceased husband to draw will in favor Employment of attorney for estate of testa- of coexecutor held not to raise presumption of undue influence by attorney.-Id.
163(2)(III.) Testatrix presumed to have been unduly influenced by her nurse and house- keeper, who procured her own attorney to make will and her own friends to witness it.- Seavey v. Glass, 146 N. E. 536.
163 (4) (I.) Presumption of undue influ- ence by confidant preparing or participating in preparation and execution of will.-Britt v.
See Descent and Distribution; Executors and Darnell, 146 N. E. 510. Administrators.
1. NATURE AND EXTENT OF TESTA- MENTARY POWER.
15 (N.Y.) Charitable corporation held not entitled to share in increase in value of es- tate during tenant's lifetime.-In re Seymour's Will, 146 N. E. 372.
Administration expenses, etc., paid from, and profits and losses charged against, part of trust estate not passing to charitable corporation. -Id.
Interest during year after testatrix's death goes to residuum.-Id.
Charitable corporation held not entitled to share in stock dividends increasing value of trust estate payable to it after life tenant's death.-Id.
II. TESTAMENTARY CAPACITY. 31 (Mass.) "Soundness of mind" to make will defined.-Needham Trust Co. v. Cookson, 146 N. E. 268.
50 (II.) Rule as to mental competency, stated. Seavey v. Glass, 146 N. E. 536.
52(1) (II.) Burden on contestants to prove testator's insanity.-Britt v. Darnell, 146 N. E. 510.
164(4) (II.) Exclusion of will of testa- trix's deceased husband, and records offered to show confidential relation between testatrix and beneficiary held not error where such re- lation was otherwise established.-Britt v. Darnell, 146 N. E. 510.
165(2) (Ind.) Testator's statements at other times than when executing will incom- petent evidence of undue influence.-Crane v. Hensler, 146 N. E. 577.
166(1) (III.) Delay in settlement of estate held not to show purpose of influencing decs- dent's widow to make will.-Britt v. Darnell, 146 N. E. 510.
166(1) (III.) That principal beneficiary was active in procuring will, and testatrix in feeble condition, may be considered as to undue in- fluence.-Harris v. Etienne, 146 N. E. 547.
(G) Revocation and Revival.
197 (III.) Will did not become effective in favor of substituted devisee, in absence of pub- lication after alteration.-Cantway v. Cantway, 146 N. E. 148.
V. PROBATE, ESTABLISHMENT, AND AN- NULMENT.
(B) Actions to Establish or Determine Validity in General.
53(1) (1.) Will of testatrix's deceased husband and records in connection with his es- 224 (11.) Will cannot be reformed because tate held inadmissible to show that testatrix of mistake by testator.-Fuller v. Fuller, 146 did not appreciate amount or value of her prop-N. E. 174. erty.-Britt v. Darnell, 146 N. E. 510.
55(7) (Mass.) Evidence held to support 290 (III.) Testator presumed to have sub- finding of unsoundness of mind at time testa-Istituted name of devisee for another with in-
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