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7. Legacy, inheritance, and transfer
TIME. taxes. A remainderman, recovering back a transfer For application for new trial, see "New Trial," tax illegally exacted by Laws 1899, p. 100, c. $ 2. 16, held entitled to interest on the amount so re- For performance of contract, see "Contracts," covered.-In re Wood's Will (Sup.) 269.
$ 2. Laws 1901, pp. 380, 1226, cc. 173, 493, amend- For proof of loss insured against, see “Insur
ance," 8 7. ing the tax law (Laws 1896, p. 795, c. 908, § 230, as amended by Laws 1897, c. 284, and
TITLE. again amended by Laws 1899, p. 100, c. 76), held not to operate to make contingent estates as- Color of title, see “Adverse Possession." sessable in the future, instead of in the pres. Removal of cloud, see "Quieting Title.' ent, but merely to provide for cases where no proceedings had been taken under the amend
Particular matters affecting title. ment of 1897 prior to 1899.-Miller v. Tracy See “Bankruptcy," § 2; “Dedication." (Sup.) 1024. Under section 232 of the tax law, as amend
Particular species of property or rights. ed by. Laws 1901, p. 380, c. 173, the Appellate Fee of highway, see “Highways,” $ 1. Division, on appeal from the Surrogate's Court, cannot consider questions for reversal not spec
TORTS. ified in the notice of appeal to the surrogate.Miller y. Tracy (Sup.) 1021.
Assignment of cause of action for tort, see
“Assignments," $ 1. TELEGRAPHS AND TELEPHONES. Remedy by action in tort and on contract dis
tinguished, see “Action," § 1. Erection of telephone lines in highways, see
By particular classes of partics. “Eminent Domain," $8 2, 4.
See “Municipal Corporations," $ 6.
Employés, see “Master and Servant," § 4. TEMPORARY INJUNCTION.
Particular remedies for torts.
See “Trespass," $ 2; “Trover and Conversion," See “Injunction," $ 1.
See “Forcible Entry and Detainer," § 1;
"Fraud”; “Libel and Slander"; "Negligence”; A party to a suit in equity, to be entitled “Trespass”; “Trover and Conversion. to a decree for conveyance of land, held not required to make a tender of the consideration at
Circumstances under which a default judgment the trial.-Heyman v. Swift (Sup.) 584.
was entered by an attorney after the remission
of the amount claimed held not to render the A tender, made after suit brought, not in- attorney or the plaintiffs liable therefor.-Clark cluding interest and costs up to the time of the v. Smith (Sup.) 472. tender, is invalid.- James Reilly's Sons Co. v. Aaron (Sup.) 732.
See "Schools and School Districts," $ 1.
ways, § 2. TERMS.
8 1. Actions.
The remedy provided by Town Law, Laws Of leases, see "Landlord and Tenant,” $ 2.
1890, pp. 1222, 1233, 1237, c. 569, 88 80, 162, 180, subd. 7, for the payment of claims, held
exclusive, so that an action could not be mainTESTAMENT.
tained on a claim not presented nor audited.
Goodfriend v. Town of Lyme (Sup.) 422.
TRADE-MARKS AND TRADE-NAMES. Creation, see “Wills," § 4.
§ 1. Marks and names subjects of own
A manufacturer cannot obtain an exclusive THEFT.
right to adopt as a trade-mark a phrase of a
foreign language describing the manufactured See “Larceny."
article.-Roncoroni v. Gross (Sup.) 1112.
and 120 New York State Reporter $ 2. Infringement and unfair competi- For damages for worful lery, see “Sherits tion.
and Constables," $ 1. A manufacturer will be restrained from using For injuries due to defective premises, see a label in imitation of the label of another *Landlord and Tenant," $ 4. manufacturer of the same product.-Roncoroni For injuries to horse on village street, see v. Gross (Sup.) 1112.
“Municipal Corporations," & 6.
For injuries to vehicle (aused be operation of TRANSCRIPTS.
street railroad, see “Street Railroads." $ 1. For negligence of carrier, see “Carriers," $ 2.
For personal injuries, see **Carriers," § 1; As evidence, see "Evidence," 8 6.
"Electricity"; "Master and Servant," § 3;
"Street Railroads," $ 1. TRANSFERS.
For price of goods soll. see "Sales," $ 4.
For rent, see "Landlord and Tenant,” $ 5. Duty of street railroad to furnish, see "Car- On bote, see "Bills and Notes," 5. riers," $ 3.
Trial of criminal prortentions.
See “Criminal Law,” $ 4; "Homicide," s 4. TRANSFER TAX.
$1. Dockets, lists, and calendars. See "Taxation,” $ 7.
Under Code Civ. Proc. & 977, where plaintiff noticed the case for trial and placed the sale
on the October term calendar. defendants were TRESPASS.
not entitled to notice it for the succeeding De Commission of, as element of larceny, see “Lar-cember term and on such notice base an appt. ceny," $ 1.
cation for preference.-Montgomery v. Daniel
(Sup.) 344. § 1. Acts constituting trespass and lie. Where complaint seeks equitable relief, bot bility therefor.
shows cause for a remedy at law, it is error to A person who by blasting rock breaks a wa- ' dismiss the complaint; but it should be placed ter pipe, from which water escapes and flows on the law calendar.-Gilbert v. Buddell (Sup.) onto the premises of another, causing damage, 1123. is liable as a trespasser.- Wheeler v. Norton (Sup.) 1095.
$ 2. Reception of evidence.
In an action on an account stated, defend. $ 2. Actions. Grantee of land, having notice of existence sufficiently raise question of its admissibility.
ant's exceptions, taken to evidence, hrld to of a parol license to lay mains therein, held en- -Baker v. Griffin (Sup.) 579. titled to sue for continuing trespasses and recover nominal damages.-Jayne v. Cortland
Refusal of the court to strike out answers of a Waterworks Co. (Sup.) 571.
witness to questions, not objected to before adswer, held a proper exercise of discretion.
Pescia v. Societa Co-operativa Corleonese Fran. TRESPASS TO TRY TITLE. cesco Bentivegua (Sup.) 952.
The granting of a motion to strike out testiSee "Ejectment."
mony, not objected to before the questions asko
ed had been answered, is within the discretion TRIAL.
of the court.-Pesciav. Societa Co-operativa
Corleonese Francesco Bentivegna (Sup.) 932. See “New Trial"; "Reference"; "Witnesses."
§ 3. Taking case or question from jury. Authority of agent as question for jury, see In an action for wages, plaintiff's evidence
"Principal and Igent," $ 3. Contributory negligence of passenger as ques. even though the trial justice were of opinion
held sufficient to require submission to the jury, tion for jury, see “Carriers," $ 5. Harmless error in instructions, see "Homicide,” aside.--cCrystal v. O'Neill (Sup.) St.
that any verdiet for plaintiff should be set Proceedings incident to trials.
A direction of a verdict held equivalent to a See "Continuance.”
nonsuit because of insufficiency of the evidence,
-Romaine v. New York, N. H. & H. R. Co. Entry of judgment after 'trial of issues, see (Sup.) 248.
"Judgment,” $ 2. Place of trial, see "Venue," $ 2.
On appeal from a judgment dismissing a com
plaint, held, that every material issue must be Trial of particular civil actions or proceedings. resolved in plaintiff's favor.-Kennedy v. White See “Divorce," § 1; “Money Lent”; “Negli- (Sup.) 852. gence," 8 4.
Instructions to jury. Against savings bank, see “Banks and Bank- No error can be predicated on instructions ing," 8 3.
which, it standing alone, are subject to criti For breach of duty by attorney, see “Attorney 'cism, but which are correct, if considered with and Client," 8 2.
the instructions as a whole.- Allison 7. Long For breach of warranty, see “Sales," $ 5. Clove Trap Rock Co. (Sup.) 833.
A request to charge should be complete in exercise the power, on the other renouncing his
Facts held insufficient to support a finding sus-
taining the termination of a spendthrift trust as
Will construed, and held to give the shares of
press trust.-Nichols v. Nichols (Sup.) 719.
Rights of judgment creditor in property held
judgment debtor determined.-Marshall v. Unit-
ed States Trust Co. (Sup.) 617.
$ 3. Appointment, qualification, and
tenure of trustee.
The fact that the trustees under a will were
Discretion under express trust for support of
testatrix's brother held not terminated by the
couversion of, see "Assignments,” $ 2. 829.
§ 4. Management and disposal of trust
1903, p. 732, c. 370, held not to validate the
exercise of a power delegated to two trustees
by one of them, after the other had renounced,
300; In re Cunningham's Estate, ld.
Trustee held not liable, on unauthorized loans,
Expense of legal services to executor and
Where a father took possession of his son-in- $ 5. Execution of trust by trustee or by
Discretion which vests in the court, on admin-
to pay principal to cestui que trust, held ex-
ercisable only on evidence of necessities of ces-
Bequest to executors in lieu of commissions
held to preclude him from accepting commis-
sions from the estate.-In re Rowe (Sur.) 253.
nopolies," $ 1.
See "Corporations," $ 3.
and 120 New York State Reporter UNFAIR COMPETITION.
Bona fide purchasers held protected against the claim of former owner of property on ac
count of purchase thereof by her guardian in See "Trade-Marks and Trade-Vames," $ 2.
socage.-Cahill v. Seitz (Sup.) 1009.
VENUE. See “Forcible Entry and Detainer."
f 1. Domicile or residence of parties.
Where an action was brought in the county VALUE.
where plaintiff resided, the venue was properly
laid.-Hirshkind v. Mayer (Sup.) 836. Expert testimony as to, see "Evidence," $ 8.
§ 2. Change of venue or place of trial. Relevancy of evidence as to, see "Evidence,"
A change in the place of trial will not be $ 3.
ordered for convenience of witnesses alote, VARIANCE.
where the change is from a rural county to the
county of New York.-Hirshkind v. Vayer Objections in lower court for purpose of re
(Sup.) 836. view, see "Appeal," $ 3.
Facts in a libel suit held to require change of venue to the county where the paper was pub
lished.-Woolworth v. Klock (Sup.) 1111, VENDOR AND PURCHASER. See “Sales."
VERDICT. Specific performance of contract, see “Specific Directing verdict in civil actions, see "Trial." Performance."
$ 3. § 1. Requisites and validity of contract. In criminal prosecutions, see "Criminal Law,A deed absolute in form, but in fact a mort
$ 4. gage, with an option to buy, and a subsequent Review on appeal, see "Appeal," $ 6. notice to the owner of exercise of the option, Setting aside, see "New Trial," $ 1. with a statement of the owner that she rele:1sed the land, hcld not sufficient to constitute VETERINARY SURGEONS. a sale, so as to authorize recovery of the consideration.-Reich v. Dyer (Sup.) 514.
Expert testimony, see "Evidence," & 8 § 2. Construction and operation of con
VICE PRINCIPALS. Executory contract for the sale of real estate construed.-Carpenter v. llewitt (Sup.) 566. See “Master and Servant," $ 2. 8 3. Performance of contract. Loose and indetinite knowledge as to the title
VILLAGES. possessed by the agent of the purchaser at a judicial sale could not destroy the force and See “Municipal Corporations.” effect of a subsequent contract.-Felix y. Devlin (Sup.) 12.
VINEGAR. Irregular payments on a contract of sale of land having been received without objection, the Imitations of, see "Food." parties will be considered as treating time as Law's defining adulteration of as unjust disnot of the essence of the contract.-Murray v. crimination, see "Constitutional Law," § 4. Harbor & Suburban Building & Savings Ass'n Partial invalidity of laws relating to, see "Stat(Sup.) 799.
utes," & 1. 8 4. Rights and liabilities of parties.
WAGES. A judgment roll in foreclosure hold not to impose on grantees of the purchaser the duty See “Master and Servant," $ 1. of ascertaining that such purchaser was incapacitated to buy at the sale, because of his
WAIVER. guardianship in sorage of the owner.--Cahill v. Seitz (Sup.) 1009.
See "Estoppel." The fact that the paternal uncle of an infant, with whom she was living, bid in her of objections to particular acts or proceedings. property at a foreclosure sale, was not sufficient See “Pleading," $ 8. to excite inquiry as to any impropriety in bis Erroneous delivery of goods by carrier, see conduct in purchasing the property.-Cahill v. “Carriers," § 2. Seitz (Sup.) 1009.
Jurisdiction in attachment, see "Attachment," Issue of bona fide purchasers is not to be de.
$ 3. termined by whether the purchaser could have
Of rights or remedies. ascertained deferts, but whether he acted with Appraisal of loss within insurance policy, see ordinary prudence.-Cahill v. Seitz (Sup.) 1009. "Insurance," $ 8.
ash payment for goods sold, see "Sales," § 2.
WEIGHTS AND MEASURES.
tions," § 4.
Dower, see "Dower."
Admissions by devisees as evidence, see "Evi-
dence," $ 5.
Construction and execution of trusts,
Legacy and succession taxes, see “Taxation,"
Restrictions on perpetuities, see "Perpetuities.”
$ 1. Contracts to devise or bequeath.
Recital of consideration in instrument by
which testatrix agreed to leave money to claim-
sence of evidence of want of consideration.-In
**Eminent Domain,” $ 2.
Support of husband by wife held sufficient
mother to leave money to wife.-In re Steglich's
Estate (Sup.) 257.
8 2. Requisites and validity.
A will could not be adjudged invalid, on the
to make an equal distribution, which by the
§ 3. Probate, establishment, and annul-
In action against city for injuries to plaintiff's it will be admitted to probate, unless want of
Will construed, and interest of legatee there-
Will construed, and devisees held to take in
fee.- Mersereau v. Camp (Sup.) 568.
Will construed, and held to create an implied
Will construed, and executors held to have a
Will construed, and held to empower testa-
tor's widow to sell and convey real estate.-
Dana v. Jones (Sup.) 1000.
Distribution under bequest to lawful heirs, to
be divided equally among them, must be per
porations," $8 5, 6.