« ForrigeFortsett »
But the cost of improvement and inclosure of An insurance policy containing a provision that
ib. of fire, all insurance by this company shall im-
mediately cease and determine," continues in
Where a party accepts a policy containing the
words “Occupied as a dwelling,” it amounts to
A general agent may waive by parol a con i.
tion of a policy even where the policy provides
498 A company held to be bound by acts of an
agent after surrender of his agency, the insured
Where a policy in its terms requires that in
case of loss notice of logs shall be given forth-
with, a notice given twenty-three days after the
loss is in time. Lycoming Mutual Fire Ins. Co. v.
Payment of the premium at the time of
making a contract of insurance is not n (essary
to bind the company; and if a credit is given
Church v. Lafayette Fire Ins. Co.
An agent may wa've such payment and give
The question of waiver is for the jury to de-
ib. A condition in a policy that if the prem ses
shall become vacant or unoccupied and so re-
main with the knowledge of the assured, with-
As to evidence in actions on policies of fire
As to liability of insurance companies for the
acts of their agenis, see PRINCIPAL AND AGENT.
As to right of insurance agent to waive com-
16. see PRINCIPAL AND AGENT.
Seller may terminate the credit and sue on the
93 A mere purchase of goods, unaccompanied by
any fraudulent representations, is not of itself
As to effect of fraud in obtaining renewal of
policy, see LIFE INSURANCE.
As to evidence in cases of, see EVIDENCE.
In setting aside a conveyance procured by
fraud, equity will allow the purchaser to receive
back only the identical property by which he
See DEEDS; FRAUDS.
its judgment has actually paid the money to an
attaching creditor, does not discharge the garn.
Constitution, providing that full faith and credit
30 A deposit of moneys in a savings bank in the
joint names of husband and wife is not such a
In the absence of such proof the moneys be
As to what will constitute a donatio causa mor.
To constitute larceny there must be a feloni.
Such taking involves trespass, or fraud, or de-
Possession of property fraudulently obtained
with felonious intent, title remaining in owner,
If a person is overpaid by mistake, and at the a certain sum in lieu of support, in an aciion to
184 by the husband is not necessary. Holt v. Des-
106 physician and patient continues unless it is put
an end to by the assent of the parties, or the
A wife cannot abandon her husband's house
visions, clothing, medical attendance &c., ex-
cept on proof of gross abuse, neglect and mis.
See CONSTITUTIONAL LAW.
As to organization of Grand jury, see JURIES.
As to practice on the trial of, see CRIMINAL
266 that after maturity it shall bear interest in ex.
cess of the legal rate. Downey v. Beach. 72
Neither illegality or irregularity in the pro
before or after its payment, will authorize ad
The rule as to courts of equity interfering
to a peculiar case.
In an action against an innkeeper for loss of
a guest'e property by fire, when the defense,
under chapter 638 laws of 1866, was that the
fire was of incendiary origin, and defendant's
to rebut the defense, evidence that an attempt
one State cannot be enforced in another against
by attorney for the firm in the suit in which the
judgment was recovered. Hall et al v. Lanning
of which discloses an appearance, it is compe-
other partners who do not reside in the State
where the suit is brought and have not been
served with process.
In an action for the recovery of property, it is
115 highest court of a State, that title in a third
is set up to defeat th: p aintiff's claim; the de
The U. S. Supreme Court cannot re-examine
that such a question was in fact decided, or that
its decision was necessarily involved in the judg.
ment or decree as rendered. Bolling v. Lersner.
Due notice, actual or constructive, to the de-
courts. Earle et al v. Me Veigh.
What is a good notice under a statute pro-
465 to pay over the trust funds to the Confederate
States, when the country was under military
this court jurisdiction to review a decision of
the State court. Rockhold v. Rockhold et al. 82
A court will not be deprived of jurisdiction
that the “matter in demand” is beyond its
Before the jurisdiction of the Orphans Court
has attached, a proceeding to declare void and
alleged, release of dower is properly brough!
The Commissioners of Central Park bad full
405 jurisdiction to alter the grade of 123d St. be
tween 6th and 7th Avenues. The People er rel.
diction to review the decision of a State Court
et ul v.
The Supreme Court has no jurisdiction to
As to where sureties on an undertaking to dis-
Long delay is making application for leave
lost on account of the failure of defendants to
When more than three years have elapsed since
336 fault will not be granted without notice to de
As to laches in presentation of checks for col-
As to laches in applying for writ of certiorari,
As to effect of laches in not bringing action to
LANDLORD AND TENANT.
When one of joint lessees receives rents under
16. the lease was a nullity. Dayton, public Admr. v.
Mc Cahill et al.
A lessee cannot dispute his lessor's title. Ib.
Acceptance of new tenants operates as a sur:
pairs, under an agreement with the lessor that
Ib. and the demised premises are destroyed before
the commencement of the new term and before
A board of Supervisors have no power to
enter into a lease of a building for armory and
drill purposes, until they have complied with
all the requirements of section 120 of the Mili-
The Military Code of 1862, is repealed by the
508 Military Code of 1870, except as to certain legal