An oral agreement of employment held contrary to the statute of frauds, as not to be performed within one year.-Fanger v. Caspary (Sup.) 410. 3. Real property and estates and interests therein. That an agreement to devise land is oral does See "Attachment"; "Execution." not necessarily render it void, but it may be valid from the nature of the contract or on accourt of part performance.-Conlon v. Mission of the Immaculate Virgin (Sup.) 49. 4. Requisites and sufficiency of writing. Under Laws 1863, p. 802, c. 464, the written guaranty to be responsible for goods thereafter sold by plaintiff to a third person need not express the consideration.-Finkelstein v. Kessler (Sup.) 266. § 5. Pleading, evidence, trial, and re view. Where the contract alleged was not within the statute of frauds, but the contract proved on trial violated the statute, the objection might be raised without pleading it.-Fanger v. Caspary (Sup.) 410. FRAUDULENT CONVEYANCES. § 1. Transfers and transactions invalid. Bills of sale of personal property executed by a debtor held tainted with fraud.-Cafe Union v. Reordan (Sup.) 994. § 2. Rights and liabilities of parties and purchasers. GIFTS. Reference to determine question of alleged gift, see "Reference," § 1. Transfer taxes, see "Taxation," § 5. 8 1. Inter vivos. Evidence held sufficient to show a gift of certain shares of stock to a daughter.-Crouse r. Judson (Sup.) 755. 2. Causa mortis. A gift of funds causa mortis held valid, though the owner held them subject only to his check, when countersigned by a surety on his as administrator. - Dickinson v. Hoes bond (Sup.) 152. A gift causa mortis of money ou deposit was perfected by delivery by the donor to the donee of a receipt for the money executed by the depositary. Dickinson v. Hoes (Sup.) 152. A gift causa mortis of the residue of certain funds left after the donee should pay for the burial of the donor was valid.-Dickinson v. Hoes (Sup.) 152. GRAND JURY. Where creditors, recovered property fraudu- GRANTS. § 3. Remedies of creditors and purchas- Of public lands, see "Public Lands." § 2. Actions. and 118 New York State Reporter HUSBAND AND WIFE. An infant held not liable for necessaries furnished her under contract with her guardian See "Divorce." and on the guardian's credit.-Murphy V. Holmes (Sup.) 806. Evidence held to make it a question for the jury whether a contract for necessaries for an infant was made with her guardian and on his credit.-Murphy v. Holmes (Sup.) 806. See "Bridges"; "Municipal Corporations," §§ 4, 5. Accidents at railroad crossings, see "Railroads," § 3. § 1. Regulation and use for travel. A chauffeur held not bound to chain an automobile to a post before leaving it in the street while delivering goods therefrom.-Berman v. Schultz (Sup.) 292. Willful act of boys in starting an automobile left in a street, and not the negligence of the chauffeur, held the proximate cause of an injury to plaintiff's wagon by collision with the automobile.-Berman v. Schultz (Sup.) 292. In an action for injuries in a collision with an automobile, a finding that if the chauffeur had thrown off the current and applied the brake, as he testified, the damage could not have been inflicted, held unsupported by the evidence.-Berman v. Schultz (Sup.) 292. 1. Evidence. HOMICIDE. Evidence examined, and held to sustain a conviction of manslaughter in the second degree.People v. Sharkey (Sup.) 780. HOTELS. License to sell liquors, see "Intoxicating Liquors," § 2. Admissions as evidence, see "Evidence," § 4. Contract for resumption of marriage relation as affected by public policy, see "Contracts," § 1. Husband as agent for wife in exchange of property, see "Brokers," § 2. Liability of husband on promise without consideration to pay debts of wife, see “Cor. tracts," § 1. Rights of survivor, see "Executors and Administrators," § 4. Sufficiency of consideration for agreement to re sume marriage relation, see "Contracts," § 1 A husband, living separate from his wife, hể liable for medical services furnished the wi -Button v. Weaver (Sup.) 388. In the absence of express authority to wife to use his credit, a husband can only be held liable for debts incurred by her for jewelry, upon implication of agency arising from his duty to furnish necessaries.-McBride v. Adams (Sup.) 1060. Where a married couple take boarders into their home, and the wife takes charge of the house, the profits derived from such business belong to the husband.-Briggs v. Devoe (Sup.) 1063. Contract for resumption of marriage relation, and vesting of dower interest on its breach by husband, held not to contravene Domestic Relation Laws, Laws 1896, p. 220, c. 272, § 21.Sommer v. Sommer (Sup.) 444. Wife's failure to faithfully discharge marital obligations held defense to her suit to enforce contract for resumption thereof, and vesting of dower interest in case of breach by husband.— Sommer v. Sommer (Sup.) 444. Executrix of wife held entitled to recover onethird of rental value of premises, accruing between wife's death and previous breach by husband of contract for resumption of marriage relations and vesting of dower interest in case of breach.-Sommer v. Sommer (Sup.) 444. Contract for resumption of marriage relation, and vesting of dower interest in case of breach by husband, held not to give right of action to wife against husband's co-tenant.-Sommer v. Sommer (Sup.) 444. 3. Disabilities and privileges of cOVerture. Married woman held not personally liable for medical services rendered at her request, in absence of special contract making her so, notwithstanding Laws 1896, p. 220, c. 272.-Richards v. Young (Sup.) 265. $ 4. Actions. The affirmative on the question of the wife's agency to bind the husband by a purchase of jewelry is on him who seeks to hold the husband.-McBride v. Adams (Sup.) 1060. INCOMPETENT PERSONS. INCUMBRANCES. Where a married couple take a boarder into See "Insane Persons." their home, under an agreement between the wife and her husband that she alone shall reLeive the compensation therefor, the wife may recover therefor in her own name.-Briggs v. Levoe (Sup.) 1063. On property of intestate, see "Descent and INDEMNITY. In an action by a wife to recover from a boarder in her home, statements of her husband as to agreement between him and his wife that she should receive the compensation held ad- See "Principal and Surety." missible.-Briggs v. Devoe (Sup.) 1063. 5. Separation and separate mainte nance. INDICTMENT AND INFORMATION. For offenses by municipal officers, see "Municipal Corporations," § 1. For rape, see "Rape," § 1. Allowance of counsel fees to plaintiff in an tion for separation, for purpose of further "osecution of the action, after a disagreement the jury on the trial of an issue whether ere was a marriage, held proper.-Herrmann 8 1. Motion to quash or dismiss, and v. Herrmann (Sup.) 736. Defendant to an action for separation should not be required to pay plaintiff the expense of the stenographer's minutes of a mistrial.-Herrmann v. Herrmann (Sup.) 736. demurrer. dence before the magistrate was sufficient to The decision, on habeas corpus, that the eviwarrant holding the accused, held to render unavailing the claim that the same evidence was insufficient on which to found an indictment.People v. Martin (Sup.) 823. Averments in an affidavit held insufficient to overcome the presumption that an indictment was founded on sufficient evidence.-People v. Martin (Sup.) 823. INDORSEMENT. Of bill of exchange or promissory note, see "Bills and Notes," § 4. Of draft, see "Bills and Notes," 3. INFANTS. See "Guardian and Ward." Suits by infants in forma pauperis, see "Costs," § 3. § 1. Contracts. Infant, suing on contract of employment, held not entitled to repudiate provision for payment 1. of his prior indebtedness.-Pecararo v. Pecararo (Sup.) 581. Public improvements, see "Municipal Corporations," § 2. IMPUTED NEGLIGENCE. See "Negligence," § 2. 84 N.Y.S.-75 INJUNCTION. See "Prohibition," § 1. and 118 New York State Reporter Complainant, injured by a competing publisher inducing complainant's subscribers to break their contracts, held not to have adequate remedy at law, so as to preclude it from obtaining an injunction against such acts.-American Law Book Co. v. Edward Thompson Co. (Sup.) 225. A village has no adequate remedy at law for construction of railroad over its street at grade, where one-fourth of the expense of subsequent change of route, on its application to the railroad commissioners for such a change, would fall on it.-Village of Bolivar v. Pittsburg, S. & N. R.- Co. (Sup.) 678. 2. Subjects of protection and relief. A publisher held entitled to injunction restraining a competing publisher from inducing complainant's subscribers to break their contracts, and agreeing to indemnify them from any loss sustained by such breach or litigation arising therefrom.-American Law Book Co. v. Edward Thompson Co. (Sup.) 225. In a suit to restrain unlawful competition between publishers, whether complainant's subscribers in each instance were actually led to break their contracts by defendant's misrepresentation held immaterial. — American Law Book Co. v. Edward Thompson Co. (Sup.) 225. It would not be presumed, in an injunction proceeding to restrain penitentiary commissioners from acting under Laws 1902, p. 387, c. 127, which is unconstitutional in part, that they would exceed their constitutional powers. Corscadden v. Haswell (Sup.) 597. The superintendent of the Albany Penitentiary being a statutory officer who can be removed only for cause, equity has power to enjoin his removal under an unconstitutional statute.-Corscadden v. Haswell (Sup.) 597. Acts designed merely to injure another's business, and not for the purpose of obtaining an increase of wages, held unlawful.-W. P. Davis Mach. Co. v. Robinson (Sup.) 837. Injunction to restrain interference with plaintiff's business by a union, the members of which had struck because plaintiff had refused to employ only union men, will not be vacated. W. P. Davis Mach. Co. v. Robinson (Sup.) 837. § 3. Actions for injunctions. In a suit for an injunction, where the complaint alleges no adequate remedy at law, the defense that there is such a remedy must be raised by answer.-Corscadden V. Haswell (Sup.) 597. § 4. Preliminary and interlocutory injunctions. Electric company, occupying subway of another electric company, for which it has paid and the other accepted rental for several years. held not entitled to mandatory injunction, pendente lite, compelling assignment of additional space.-West Side Electric Co. v. Consolidated Telegraph & Electrical Subway Co. (Sup.) 1052. Electric company, occupying subway of another electric company, for which it has paid and the other accepted rental for several years. held entitled to temporary injunction to compel the continuance of the occupancy.-West Side Electric Co. v. Consolidated Telegraph & Electrical Subway Co. (Sup.) 1052. Electric company, occupying subway of another electric company, for which it has paid and defendant has accepted rental for several years, held entitled to temporary injunction preventing interference with connecting additional customers with the system already located.West Side Electric Co. v. Consolidated Telegraph & Electrical Subway Co. (Sup.) 1052. 5. Violation and punishment. Evidence held to show defendants guilty of criminal contempt in the violation of an injunetion.-Stearns v. Marr (Sup.) 36. An order of reference to take testimony as to an alleged violation of an order of injunction held proper.-People v. Marr (Sup.) 965. junction held liable for its violation, though not Persons having knowledge of an order of inparties to the action.-People v. Marr (Sup.) 965. INNKEEPERS. Proprietor of quick lunch restaurant held not negligent in respect to care required toward patron's overcoat. Harris v. Childs' Unique Dairy Co. (Sup.) 260. INSANE PERSONS. § 1. Guardianship. Where, pending proceedings in the Supreme Court to determine the amount which shall be paid to the committee of an incompetent for necessary disbursements, costs, and counsel fees, the incompetent dies, his executor must be made a party to the proceedings.-In re Ferris (Sup.) 14. Code Civ. Proc. § 2344, held not to deprive the Supreme Court of jurisdiction to determine the necessary disbursements of the committee of an incompetent and his costs and counsel fees, as required by section 2336.-In re Ferris (Sup.) 14. INSOLVENCY. See "Bankruptcy." Of building association, see "Building and Loan Associations." Of corporation, see "Corporations,” § 5. INSPECTION. Of writings, see "Discovery," § 1. INSTRUCTIONS. In civil action, see "Trial," § 7. INSURANCE. Best and secondary evidence in action for premiums advanced on policy, see "Evidence," § 3. Competency of evidence in action on policy, see "Evidence," § 2. Interpleader in action on policy, see "Interpleader," § 1. Trial by jury in action on policy, see "Jury," 8 1. § 1. The contract in general. Reformation of insurance policy, for mistake of one party thereto only, denied.-Dougherty v. Lion Fire Ins. Co. (Sup.) 10. Where a life policy was to be issued to insured "pending the delivery" of an endowment policy, and no time was fixed for such delivery, the presumption is that it was to be within a reasonable time.-Calandra v. Life Ass'n of America (Sup.) 498. nell v. Fidelity and Casualty Co. of New York (Sup.) 315. What is a reasonable time within which to deliver a policy of insurance under a contract is, in an action for the rescission of such contract, a question for the trial court.-Calandra v. Life Ass'n of America (Sup.) 498. § 4. Avoidance of policy for misrepre- Insured being merely a member of the firm owning the property, the policy, conditioned to be void if the interest of insured be other than unconditional ownership, is ineffectual. - McGrath v. Home Ins. Co. (Sup.) 374. 5. Forfeiture of policy for breach of promissory warranty, covenant, or condition subsequent. Insured's release of third person from liabilition, held to avoid policy.-Bloomingdale v. Coty for loss, so as to prevent insurer's subrogalumbia Ins. Co. (Sup.) 572. § 6. Estoppel, waiver, or agreements affecting right to avoid or forfeit policy. Life policy, given to insured pending delivery insurance for insurer's agents does not waive Knowledge of the facts by a broker soliciting of an endowment policy, is not rendered void condition of the policy that it shall be void if inbecause insurer has no right to issue endow-sured's interest be other than unconditional and ment policies.-Calandra v. Life Ass'n of Ameri- sole ownership. - McGrath v. Home Ins. Co. ca (Sup.) 498. (Sup.) 374. Where an insured accepts a life policy, pending the delivery of an endowment policy, for which he pays the premium, he has the right to demand the delivery of the endowment policy within a reasonable time.-Calandra v. Life Ass'n of America (Sup.) 498. Employer's liability policy construed, and held, that the company was not liable for injuries caused by a subcontractor or by his workmen.Tolmie v. Fidelity & Casualty Co. (Sup.) 1020. § 2. Premiums, dues, and assessments. Where agents to procure insurance, under oral agreement to give certain rebates, inform the insured that they will give rebates no longer, after which insured accepts policies, his right to the rebate is terminated.-Depew v. Krulewitch (Sup.) 242. Evidence held sufficient to show termination of an agreement by insurance agents to give rebates to insured. Depew v. Krulewitch (Sup.) 242. Insured held entitled, on rescission of contract, to recover excess over straight life premium which he had paid for premium on endowment policy, or to a credit of such excess on next year's life premiums.-Calandra v. Life Ass'n of America (Sup.) 498. § 3. Cancellation, surrender, abandon- insured under an employer's liability policy held Refusal to defend suit brought against one not to affect the right of the insurance company to show that it was not liable to the assured.-Tolmie v. Fidelity & Casualty Co. (Sup.) 1020. § 7. Risks and causes of loss. The fact that glass is perforated when insured did not show a subsequent break to be in consequence of such perforation.-McMyler V. Union Casualty & Surety Co. (Sup.) 170. § 8. Right to proceeds. to have a vested interest therein, of which they Beneficiaries in a life insurance policy held could not be deprived without their consent.Sangunitto v. Goldey (Sup.) 989. ficiary held not effected by notice to the comUnder life insurance policy, a change of benepany, without an indorsement on the policy.Sangunitto v. Goldey (Sup.) 989. § 9. Actions on policies. In an action on a plate glass insurance policy, evidence held not to show that the glass was not in existence when the policy was issued.-MeMyler v. Union Casualty & Surety Co. (Sup.) 170. In an action on a policy, instructions that the burden was on the defendant to prove that neither it nor any one authorized in its behalf rereceived the money recited in the renewal receipt for the current year held error.-O'Connell |