« PreviousContinue »
1. Right of way and other interests in actions for alimony, see “Divorce,” s 2.
Liability of receiver appointed in state court
Approval of Attorney General, required by
tracks in a certain street.-Delaware, L. & pensation, and not to expediency of employ,
ment, so that the Attorney General's approval
of a contract not specifying compensation could
not be compelled. - Candee v. Cunneen (Sup.)
One whose private property was mistakenly
or bave obtained leave to sue the receiver.-
§ 3. Accounting and compensation.
Harmless error in prosecution for removing
public records from office, see “Criminal
Law," $ 5.
Transcript on appeal, see "Appeal,” $ 4.
On charge of attempt to remove indictments
of accused's friend from a public office, evidence
of proceedings against the friend held compe-
tent.–People v. Jills (Sup.) 529.
One who secured indictments by bribing dis-
Code, $ 94, prohibiting removal of papers from
public office.- People v. Mills (Sup.) 529.
Evidence held to authorize finding that accused
| attempted to bribe district attorney's office to
deliver to him indictments of a friend.-People
v. Mills (Sup.) 529.
By dispossessed tenant, see “Landlord and Ten-
ant," 8 6.
From tax sales, see “Taxation," $ 6.
In divorce proceedings, see "Divorce," § 1.
$1. Referees and proceedings.
counsel.--Smith v. Dunn (Sup.) 307.
120 New York State Reporter
REMEDY AT LAW,
Performance," $ 1.
Of referee, see "Reference," $ 1.
REMOVAL OF CAUSES.
Change of venue or place of trial, see "Venue,"
REMOVAL OF CLOUD.
See "Quieting Title."
A complaint to reform a mortgage of cor-
See “Landlord and Tenant," $ 5.
Authority of agent to receive, see "Principal
and Agent," $ 3.
Illegal accumulation, see "Perpetuities."
Of highway, see "Highways," $ 2.
Of premises demised, see "Landlord and Ted-
ant," $ 4.
Review of excessive verdict on appeal, see
“Appeal," $ 6.
f 1. Right of action and defenses.
One who obtained lawful possession of arti-
liable therefor in replevin, brought after be soli
the building.-Murray v. Lese (Sup.) 581.
Defendants in replerin held entitled to ask
Lese (Sup.) 581.
"Trial," $ 4.
See "Judgment," $$ 4, 5.
RESTRAINT OF TRADE. der, there was no contract.-E. Bement & Sons
v. Rockwell (Sup.) 876.
the fraudulent representations of the buyer as
to his solvency.--Fitchard v. Doheny (Sup.)
Sale of personalty held induced by fraudulent
misrepresentations of the buyer to a commer-
cial agency.-Pier Bros. v. Doheny (Sup.) 971.
In an action to recover property alleged to
representations to a commercial agency as to
the solvency of the purchaser, evidence con-
at the time the false representations were made,
against the purchaser.-Pier Bros. v. Doheny
$ 2. Performance of contract.
Plaintiff held entitled to recover the purchase
price of a machine sold to defendant.-Gold-
stein v. Hochberg (Sup.) 11.
Cash payment for goods sold held waived by
delivery.-Albert v. R. Lewis Steiner Mfg. Co.
In action for price of 11 volumes of set of 12
books, plaintiff held entitled to recover.-James
T. White & Co. v. Corbin (Sup.) 216.
§ 3. Warranties.
In an action for the price of hose, subject to
liable, though the hose had not been rejected.
Eureka Fire Hose Co. v. Reynolds (Sup.) 753.
Representation that eggs sold were "faucy
-Egbert v. Hanford Produce Co. (Sup.) 1118.
Buyer of eggs on warranty as to quality held
the warranty.-Egbert v, Hanford Produce Co.
§ 4. Remedies of seller.
Seller, who sold goods which buyer refused
difference between contract price and that for
which goods sold.--Blick v. l'abian (Sup.) 207.
In an action to recover a balance due for
goods sold, the direction of a verdict for plain-
tiff for the amount claimed held error.–Coons
v. Sanguinetti (Sup.) 367.
In an action to recover the price of coal, where
the evidence is conflicting as to the person who
made the sale, the question is for the jury.-
Williams v. Brandt (Sup.) 389.
Where, in an action for the price of goods
edness or nonpayment, it is demurrable.-Don-
ald v. Gearhardt (Sup.) 598.
held insufficient to show liability for the amount
Pleadings in action by materialman against
grantee of wife, on agreement to assume hus-
120 New York State Reporter
Where there is no effort or purpose on the
part of school districts to have a new one ere-
the proceedings under which it is done are
No. 23 of Town of Mooers v. Raymoud (Sup.)
Under Laws 1894. p. 1207, c. 556, tit. 6, § 2.
a dissolved district, without obtaining consent
of trustees of affected districts, was inopera-
On conflicting evidence, breach of warranty Under Code Civ. Proc. $ 2236, providing for
is the proper person to maintain such proceed-
ings for district property, under Laws 1894, P.
1227, c. 556, tit. 7, § 47.-School Dist. No. 33
dence," $ 6.
The failure of the record of a deed to shor
the presence of a seal is not affirmative eri.
In civil actions, see “Evidence," § 4
As justification of assault, see "Assault and
Battery," $ 1.
As justification of homicide, see “Homicide,"
Evidence, see "Homicide," $ 3.
cide," § 5.
SET-OFF AND COUNTERCLAIM. plaintiff, as required by the contract.-Interna-
tional Paper Co. v. Hudson River Water Pow-
as against claim against such $ 3. Good faith and diligence.
An offer in good faith to pay the price, being
formance.- Murray v. Harbor & Suburban
Building & Savings Ass'n (Sup.) 799.
viously conveyed.--Felix v. Devlin (Sup.) 12.
In an action for specific performance, with an
abatement for defect of title, an allowance of
interest on the purchase price from the date of
pelled to accept the title; the rents in the
Devlin (Sup.) 12.
rescission of a contract may be demanded in the
same action.-International Paper Co. v. Hud-
son River Water Power Co. (Sup.) 736.
In action in equity, where accounting is in-
A general statement, in complaint in action
for specific performance, that there is no ade-
quate remedy at law, held unnecessary.-Inter-
national Paper Co. v. Hudson River Water
l'ower Co. (Sup.) 7:36.
Where specific performance or rescission of a
contract is sought, one affected only by rescis-
sion held proper party defendant.-International
Paper Co. v. Hudson River Water Power Co.
Trust company, holding funds involved in a
transaction between the parties, held a proper
party defendant in an action by one to enforce
specific performance.-International Paper Co.
1. Hudson River Water Power Co. (Sup.) 736.
Trust company, to which corporation had
mortgaged land, held proper party defendant in
by the corporation to convey the land. --Interna-
Complaint held not to state a case for equita- See "Intoxicating Liquors."
"Witnesses," $ 3.