ne care were questions for the jury.-Frank v.

Metropolitan St. Ry. Co. (Sup.) 1018.

CHANGE OF VENUE.

In an action for injuries to passenger on Of civil action, see "Venue," § 2.
treet railway, the court properly refused to
dd to the charge given a further charge as
o the paramount rights of defendant over driv-
rs of teams to the use of its tracks.-Frank v.
Metropolitan St. Ry. Co. (Sup.) 1018.

Evidence, in an action by a street car passen-
er for injuries received, held to sustain a ver-
ict for plaintiff, founded on the negligence of
The motorman.-Smith v. Metropolitan St. Ry.
Co. (Sup.) 1087.

Contributory
person injured.

Evidence in action for injury to street car
assenger in attempting to alight held too uncer-
ain to warrant submitting issue of contributory
egligence to jury.-Baker v. Interurban St.
Ry. Co. (Sup.) 9.

Evidence in a street car passenger's action
or injuries in alighting held to show contribu-
ory negligence. Grabenstein v. Metropolitan
St. Ry. Co. (Sup.) 727.

Evidence in action for injury to passenger
en running board of street car held insufficient
o show absence of contributory negligence.-
Cusick v. Interurban St. Ry. Co. (Sup.) 758.
Whether plaintiff attempting to board moving
street car was guilty of contributory negligence
eld a question for the jury.-Clinton v. Brook-
yn Heights R. Co. (Sup.) 932.

CASE ON APPEAL.

Making and settlement, see "Appeal," § 4.

See "Animals."

CATTLE.

CAUSE OF ACTION.

See "Action."

CEMETERIES.

Condemnation of property for, see "Eminent
Domain," § 1.

CERTIFICATE.

Certified copies, see "Evidence," § 6.

CERTIFIED CHECK.

CHARGE.

Of legacies on property by will, see "Wills,"
$ 5.
To jury in civil actions, see "Trial," § 4.
To jury in criminal prosecutions, see "Criminal
Law," § 4.

CHATTEL MORTGAGES.

Jurisdiction of municipal courts as to action for
conversion of mortgaged goods, see "Courts,"
§ 2.

1. Foreclosure.

When mortgagee brings suit under Municipal
Court Act, Laws 1902, p. 1532, c. 580, §§ 137,
139, to foreclose lien on chattels, he must be
deemed lien holder, and not owner of chattels,
and hence must join mortgagor.-Fishel v.
Hamilton Storage Warehouse Co. (Sup.) 196.

Though mortgagee's title became absolute
through wrongful act of mortgagor, there re-
mained in her the right of redemption, and she
was a necessary party to foreclosure proceed-
ings.-Fishel v. Hamilton Storage Warehouse
Co. (Sup.) 196.

Junior chattel mortgagee held entitled, on
tender of payment due under senior mortgage,
to an injunction restraining its foreclosure.-
Bernheimer & Schwartz Pilsener Brewing Co.
v. H. Koehler Co. (Sup.) 716.

See "Fraud."

CHEAT.

CHECKS.

See "Banks and Banking," § 2; "Bills and
Notes."

Indorsement by personal representatives, see
"Executors and Administrators," § 1.

CHILD.

See "Bastards"; "Infants."

Contributory negligence of, see "Negligence,"
§ 3.

CHOSE IN ACTION.

See "Banks and Banking," § 2; "Bills and Assignment, see "Assignments."
Notes," §§ 2-4.

To sustain adverse possession, see "Adverse See "Accord and Satisfaction"; "Payment"; Possession."

mbinations to monopolize trade, see "Mo- ployers' liability, and imposing condition of re-
nopolies," § 1.

and 120 New York State Reporter

Laws 1902, p. 487, c. 194, § 141, prohibiting | Liquidated damages or penalties, see "Damthe possession in the closed season of trout taken outside the state, is void as depriving citizens of the rights of property and liberty guarantied by the state Constitution, and not a proper exercise of the police power.-People v. A. Booth & Co. (Sup.) 272.

agreement contemplated the illegal or immoral counterclaim, based on alleged breach of con-
acts.-Drake v. Lauer (Sup.) 986.
tract.-Gorodes v. Bruml (Sup.) 18.

A contract for services in securing contracts
by favoritism from state officers by reason of
social and political relations with such officers
is void as against public policy.-Drake v. Lauer
(Sup.) 986.

In an action for repairs to an elevator, evi-
dence held to show that defendant authorized
the performance of the work, and knew that
it was being performed by plaintiff during the
progress thereof.-James Reilly's Sons Co. v.
Aaron (Sup.) 732.

Where the general public is affected by an
illegal contract, the courts will refuse aid to In an action on a contract, the burden re-
the parties, although the contract has been per- mains on plaintiff throughout the case.-Pol-
formed by one party so that the other has re-stein v. Blauner (Sup.) 794.
ceived its benefits.-Drake v. Lauer (Sup.) 986.
Where a contract is opposed to good morals
or public policy, the courts will refuse to en-
force it, although the illegality is not pleaded.-
Drake v. Lauer (Sup.) 986.

§ 2. Construction and operation.

A clause in a building contract, authorizing

Evidence in an action on a contract to fur-
nish cuts to advertise a business held admissible
to show a material breach.-Hellinger v. Mar-
shall (Sup.) 1051.

CONTRADICTION.

the owner to make alterations, etc., held not to Of witness, see "Witnesses," § 3.
require the contractor to perform within the
time provided, or pay a penalty for delays oc-
casioned by alterations so made.-Small v.
Burke (Sup.) 1066.

3. Performance or breach.

Demand of architect's certificate, required by
a building contract before payments, held not
necessary; the architect being one of the own-
ers refusing payment.-Abramson-Engesser Co.
v. McCafferty (Sup.) 185.

Demand for architect's certificate, required
by a building contract before the several pay-
ments, held waived; all but part of the last
payment being made without a certificate.-
Abramson-Engesser Co. v. McCafferty (Sup.) 185.
A contractor held excused from performing
work within the time required, where such
performance was delayed by other contractors
employed by defendant.-New York Metal Ceil-
ing Co. v. Raub (Sup.) 249.

A contractor held not liable for delay in com-
pleting the building, if he was prevented from
completing any particular part of the work by
delays occasioned by the acts of the owner,
his contractors, servants, or agents.-Cornell v.
Standard Oil Co. (Sup.) 633.

A penalty contained in a building contract
did not begin to run until the contractor had
full opportunity to complete the work in ac-
cordance with the terms of the contract.
Cornell v. Standard Oil Co. (Sup.) 633.

---

A finding that a building contractor was only
liable for delays, occurring after the removal
of a bridge built by other contractors, neces-
sary to enable him to complete his contract,
held justified.-Cornell v. Standard Oil Co.
(Sup.) 633.

A building contractor held entitled, in deter-
mining the extent of the delay for which he
was chargeable, to be allowed for the time
that the final completion of the contract work
was necessarily delayed by changes, etc., or-
dered by the owner.-Small v. Burke (Sup.)

1066.

§ 4.

Actions for breach.

In an action to recover for goods sold, evi-
dence held insufficient to sustain defendant's
86 N.Y.S.-74

CONTRIBUTION.

Promises to contribute, see "Subscriptions."

carried on margins, held not entitled to contribu-
Clients of stock brokers, who pledged stock
tion from owner of stock deposited with brok-
ers for safe-keeping and also pledged.-Tomp-
kins v. Morton Trust Co. (Sup.) 520.

Owner of stock, pledged as collateral and
wrongfully hypothecated by pledgee, held not
entitled to contribution from owner of stock
deposited for safe-keeping and likewise hypothe-
cated.-Tompkins v. Morton Trust Co. (Sup.)
520.

CONTRIBUTORY NEGLIGENCE.

See "Negligence," § 3.

Estoppel on appeal to allege exoneration from,
see "Appeal," § 5.
Of driver of wagon injured by operation of
street railroad, see "Street Railroads," § 1.
Of person injured by electricity, see "Elec-
tricity."

Of person injured by explosion, see "Explo-
sives."

Of person injured by operation of railroad, see
"Railroads,' § 3.

Of person injured by operation of street rail-
road, see "Street Railroads," § 1.

Of tenant, see "Landlord and Tenant," § 4.

CONVERSION.

Equitable conversion of partnership property,
see "Partnership," § 2.
Wrongful conversion of personal property, see
"Trover and Conversion."

CONVEYANCES.

Contracts to convey, see "Vendor and Pur-
chaser," § 3.

In fraud of creditors, see "Fraudulent Con-
veyances.'

In trust, see "Trusts," § 1.