and 118 New York State Reporter

held error.-Meuer v. Phenix Nat. Bank (Sup.) | § 1. Requisites and validity. 321.

§ 2. Savings banks.

Consent of a bank to transfer of certain property to corporation held a sufficient considUnder the by-laws of a savings bank, pay-tion to the bank to retire notes of the transeration to support notes given by the corporaments to another than the depositor held to relieve the bank from liability.-Kelley v. Buffalo Sav. Bank (Sup.) 642.

ferror held by the bank.-Flour City Nat. Bank v. Shire (Sup.) 810.

In an action against a savings bank to re- $ 2. Construction and operation. cover deposits, in which defendant alleged that In an action on a note, interest cannot be it had paid after the depositor's death, evi- allowed, in the absence of any promise to pay dence held to show that the bank was not negli-it.-Siff v. Forbes (Sup.) 169. gent in failing to observe the difference between the signature of the depositor and that of the person drawing the money.-Kelley v. Buffalo Sav. Bank (Sup.) 642.

$ 3. Negotiability and transfer.

A draft payable to two payces, who are not partners, must bear the indorsement of each to convey complete title.-Allen v. Corn Exch. Bank (Sup.) 1001.

§ 4. Rights and liabilities on indorsement or transfer.

A subsequent indorser's liability to a bona fide holder is not affected by the fact that such subsequent indorsement was for accommodation, of which the holder had knowledge.-Packard v. Windholz (Sup.) 666.

Under Negotiable Instruments Law, Laws 1897, p. 734, c. 612, § 116, a subsequent indorser of a note held to guaranty the genuineness of a prior forged indorsement, and that the note was a "valid and subsisting obligation.”— Packard v. Windholz (Sup.) 666.

5.

Presentment, demand, notice, and protest.

By express provisions of Laws 1897, p. 742. c. 612, § 183, notice of dishonor is dispensed with when, after the exercise of reasonable diligence, it cannot be given to, or does not reach, the parties sought to be charged.-Fonseca v. Hartman (Sup.) 131.

Where the holder of a note does not know where the indorser lives, but can ascertain by reasonable endeavor, in order to hold him liable, he must so ascertain.-Fonseca v. Hartman (Sup.) 131.

Notice of protest held insufficient to bind indorser, under Laws 1897, pp. 739, 742, c. 612, §§ 160, 179.-Fonseca v. Hartman (Sup.) 131.

Under the express provision of Negotiable Instruments Law, Laws 1897, p. 741, c. 612, § 176, where notice of dishonor is duly deposited in the post office, the sender is deemed to have given due notice, notwithstanding any miscarriage in the mails.-State Bank v. Soloman (Sup.) 976.

6. Payment and discharge.

Under Negotiable Instrument Law, Laws 1897, p. 744, c. 612, §§ 2, 3, and section 200, subd. 5, relating to discharge of negotiable instruments, a note held discharged by delivery thereof to the maker upon part payment.Schwartzman v. Post (Sup.) 922.

§ 7. Actions.

In case of negotiation of a note in breach of faith, held, that the assignee had the burden of proving that he was a bona fide purchaser, Laws 1897, pp. 732, 733, c. 612, §§ 94, 98.Mitchell v. Baldwin (Sup.) 1043.

Of contract, see "Contracts," § 4; "Sales," § 3; property, though exchange was not finally con

and 118 New York State Reporter

Ronca v. New York Building Loan Banking Co. | cient to show that they were damaged while (Sup.) 879. in possession of the delivering carrier.-Thyll v. New York & L. B. R. Co. (Sup.) 175. Where a shipping contract exempts the carrier from liability for damages by wet, the shipper must establish that the carrier negligently permitted the goods to become wet.-Thyll v. New York & L. B. R. Co. (Sup.) 175.

Member of building association, borrowing money from it on his stock, cannot escape liability on the ground that it could loan only on real estate_security.-Coggeshall v. Sussman (Co. Ct.) 1097.

BUILDINGS.

In an action for damages to goods, evidence held sufficient to relieve connecting carrier from

Injuries from defective construction, see "Neg- liability, because the goods were wet when finalligence," § 1.

BULK STOCK LAWS.

Sale in bulk as ground for arrest, see "Arrest," § 1.

BUSINESS NAMES.

See "Partnership," § 1.

CALENDARS.

Of causes for trial, see "Trial," § 2.

ly delivered.-Thyll v. New York & L. B. R. Co. (Sup.) 175.

A receipt by a carrier for goods in apparent good condition held to raise no presumption against the carrier as to their actual condition when received.-Thyll v. New York & L. B. R. Co. (Sup.) 175.

A receipt given by an employé of a delivery company held not to constitute the contract, so as to limit the company's liability for loss of the baggage to the amount stipulated therein. -Pompilj v. Manhattan Delivery Co. (Sup.) 230.

Defense of lien for storage charges held not available to carrier, in trover for wrongful sale of goods, under Laws 1899, p. 1294, c. 582, CANCELLATION OF INSTRUMENTS. unless pleaded.-Haebler v. New York Cent. &

H. R. R. Co. (Sup.) 509.

liable for failure of connecting carrier to propBill of lading held not to render a carrier erly ice refrigerator car containing perishable see goods.-Farnsworth v. New York Cent. & H. R. R. Co. (Sup.) 658.

Harmless error in admission of evidence in ac-
tion for injuries to passenger, see "Appeal,"
$ 12.
Self-serving declarations as evidence in action
for injuries to goods, see "Evidence," § 5.
§ 1. Carriage of goods.

A public cartman held not entitled to a lien on property in respect to which he had performed no act of carriage.-Taylor v. Smith (Sup.) 13.

§ 2. Carriage of passengers.

In an action against a street railway for injuries, evidence held to have warranted a finding that the striking of plaintiff by defendant's motorman was the cause of plaintiff's injuries. -Moritz v. Interurban St. Ry. Co. (Sup.) 162.

In an action against a street railway for injuries, held, that a variance between pleading and proof was immaterial.-Moritz v. Interurban St. Ry. Co. (Sup.) 162.

of motorman in striking a passenger.-Moritz A street railway company held liable for act v. Interurban St. Ry. Co. (Sup.) 162.

Receipt issued by carrier, limiting liability to $25 on loss of baggage, held not binding on the passenger.-Engberman v. North German Lloyd S. S. Co. (Sup.) 201.

Evidence, in an action for injuries sustained while attempting to board a street car, held not to show negligence on the street car company's part.-Meyerowitz v. Interurban St. Ry. Co. (Sup.) 233.

A public cartman, seeking a lien on property under the ordinances of New York City, must convey it to the property clerk of the police department, or to a convenient storage ware- umbrella to the porter, and it was never returnWhere a passenger on a sleeping car gave his house, and not keep it in his own possession.-ed to him, the negligence of the company was Taylor v. Smith (Sup.) 13. sufficiently shown.-Irving v. Pullman Co. (Sup.) 248.

Shipper of package by express held, under the receipt, entitled to recover not more than $50 for loss of the package.-Wilson v. Platt (Sup.) 143.

railway company for personal injuries, held erIn an action by a passenger against a street ror to refuse to dismiss the complaint after

In an action for damages to goods shipped plaintiff's evidence.--Grabenstein v. Metropolifrom a foreign country, evidence held insuffi-tan St. Ry. Co. (Sup.) 261.

In an action by a passenger against a street. railway company for personal injuries, held er

CASE ON APPEAL.

ror, on cross-examination, to refuse to permit Making and settlement, see "Appeal," § 5. him to answer whether he knew that he could not recover judgment if he got off the car while it was in motion.-Grabenstein v. Metropolitan St. Ry. Co. (Sup.) 261.

CAUSA MORTIS.

See "Gifts," § 2.

CERTIFICATE.

In an action for injuries to a passenger in a cab, an instruction that the cab driver was bound to exercise a very high degree of care held proper. Stiner v. Metropolitan St. Ry. Co. Receivers' certificates, see "Railroads," § 2. (Sup.) 285.

Carrier held not entitled to lien on passenger's baggage for unpaid passage money.-Moszkowitz v. International Nav. Co. (Sup.) 297.

CERTIORARI.

To review tax assessment, see "Taxation," § 1.

CHALLENGE.

Negligence of the driver of a horse car held not the proximate cause of an injury to a passenger by being kicked by one of the horses while the horse was attempting to rise after To juror, see "Jury," § 2. having fallen on the pavement.-Roedecker v. Metropolitan St. Ry. Co. (Sup.) 300.

CHANGE OF VENUE.

In an action for injuries to a passenger on a
street car, where defendant was composed of Of civil action, see "Venue," § 1.

two consolidated companies, a variance as to
the name of the company on whose line the in-
jury occurred held immaterial.-Powell v. Hud-
son Valley Ry. Co. (Sup.) 337.

In an action for injuries to a passenger, a variance as to the act of negligence between the allegations and proof held immaterial.-Powell v. Hudson Valley Ry. Co. (Sup.) 337.

The heating of a plate over a street car wheel from friction held to raise the presumption of negligence.-Powell v. Hudson Valley Ry. Co. (Sup.) 337.

CHARGE.

By carrier, see "Carriers," § 1.
To jury in civil actions, see "Trial," § 7.

CHARTER.

Laws impairing obligation, see "Constitutional
Law," § 3.
Of university, see "Colleges and Universities."

CHARTER PARTIES.

Laws 1890, p. 1096, c. 565, § 39, held not to impose a forfeiture on a railway company making an overcharge through a mistake, made in See "Shipping," § 1. good faith.-Goodspeed v. Ithaca St. Ry. Co. (Sup.) 383.

Evidence, in a suit by a passenger against a street car company for injuries received while attempting to board a car, held sufficient to take plaintiff's case to the jury on the issues of negligence and contributory negligence.— Benjamin v. Metropolitan St. Ry. Co. (Sup.) 458.

Evidence held to support a judgment for plaintiff for injury received in boarding defendant's street car.-McGill v. Central Crosstown R. Co. (Sup.) 477.

Evidence held sufficient for the jury to find that plaintiff did not use reasonable care in at tempting to board a street car while the gate was only partly open.-Ganz v. Metropolitan St. Ry. Co. (Sup.) 579.

Judgment for plaintiff in an action for injury from the starting of a street car while she was alighting held against the weight of evidence.Clancy v. Yonkers R. Co. (Sup.) 789.

Requested charge, in action against street railroad for personal injuries, held properly refused.-Gold v. Dry Dock, E. B. & B. R. Co. (Sup.) 1017.

CHATTEL MORTGAGES.

Mortgaged goods as subject to execution, see "Execution," § 1.

1. Removal or transfer of property by mortgagor.

The measure of damages for conversion by a third person of mortgaged chattels after the mortgagor is in default held to be the value of the chattels.-Biehler v. Irwin (Sup.) 574. § 2. Foreclosure.

A demand on the mortgagee by the mortgagor for the surplus funds arising from a sale held not to excuse its retention by mortgagee from a creditor of the mortgagor.-Scherzer v. Muirhead (Sup.) 159.

Workmen employed by a mortgagor held to have no claim on the proceeds from sale of the mortgaged premises, so that a demand by them did not excuse the mortgagee from paying over the surplus to another creditor.-Scherzer v. Muirhead (Sup.) 159.

See "Fraud."

CHEAT.

CHECKS.

See "Banks and Banking," § 1.

and 118 New York State Reporter

COLLECTION.

Of costs, see "Costs," § 7.

Payment by check in satisfaction, see "Accord Of estate of decedent, see "Executors and Adand Satisfaction."

COLLATERAL AGREEMENT.

Parol evidence, see "Evidence," § 8.

ministrators," § 3.

COLLEGES AND UNIVERSITIES.

Power of Columbia University to hold real estate held determined by provisions of charter of 1810, and not by charter of 1754.-Phoenix v. Trustees of Columbia College (Sup.) 897.

Various tracts of real estate owned by Columbia University held not proper for consideration in computing its right to hold realty under the limitations in its charter of 1810.-Phoenix v. Trustees of Columbia College (Sup.) 897.

COLONIAL GRANTS.

See "Public Lands," § 1.

COMMERCE.

Carriage of goods and passengers, see "Carriers"; "Shipping."

COMMISSION.

To take testimony, see "Depositions."

COMMISSION MERCHANTS.

See "Factors."

COMMISSIONS.

Of agent, see "Principal and Agent," § 2.
Of broker, see "Brokers," § 3.

COMMITTEE.

Guardianship of insane persons, see "Insan
Persous," § 1.

COMMON CARRIERS.

See "Carriers."

COMMON SCHOOLS.

See "Schools and School Districts," § 1.

COMPENSATION.

For performance of contract, see "Contracts," § 2.

COLLATERAL INHERITANCE TAXES. Of agent; see "Principal and Agent," § 2.

See "Taxation," § 5.

COLLATERAL UNDERTAKING.

See "Frauds, Statute of," § 1.

Of attorney, see "Attorney and Client," § 4.
Of attorney on substitution of other counsel, see
"Attorney and Client," § 2.

Of broker, see "Brokers," § 3.

Of corporate officers, see "Corporations," § 3.
Of officers in general, see "Officers," § 1.

Of physician, see "Physicians and Surgeons.”