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REAL PROPERTY — Husband and wife—conveyance of land by the husband
to a trustee to apply the income to the support of the wife during her life and
convey the land to the husband's heirs at law should he predecease her — it creates
an irrevocable power in trust· -effect of a reconciliation between the husband and
wife-possession of the premises by one holding under a lease from the widow
does not avoid a deed from the trustee to the heirs.

See SMITH v. TERRY..

394

Action by one of several heirs at law of deceased grantors to set aside a
deed executed by them to their father during minority — non-joinder of the other
heirs at law. - a delay to disaffirm for fourteen months, and until death, is not a
ratification of the deed.

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See O'ROURKE v. HALL.....

Landlord and tenant - when the tenant may be presumed to hold over
after the expiration of his term and is entitled to the excess of rent paid by his
sub lessee, continuing in occupation of the premises, to the principal landlord —
evidence competent under a general denial.

See SCHWARZLER v. MCCLENAHAN.

Purchaser at a judicial sale· when the title to a lot bounded on a street,
which by legislative act is moved ten feet after its conveyance by the original
owner, is not marketable — effect of the owner's having made conveyances of other
lots referring to the street.

See SCRIPTURE v. MORRIS.

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377

Will- -a devise to an executor to collect and pay over the rents until a
sale, creates a trust- - a limit on the price, which may be changed by the bene-
ficiaries, does not violate the statute against perpetuities—a failure to sell
within two years.

See SPITZER v. SPITZER..

436

Ejectment maintainable by one of several joint tenants or tenants in
common-proof of seizin or the right of possession, rather than actual possession
within twenty years, is sufficient description which does not convey to the
middle of an abutting road.

See DEERING v. RILEY..

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Action against a railroad by an abutting owner who, pending the suit,
has parted with the title. issues sent from the Special Term to the Trial Term
- entry of judgment on the verdict — period of assessment of damages.
See CAMERON v. NEW YORK ELEVATED R. R. Co..

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PAGE.

Adverse possession - when it does not begin to run under a warranty deed
from one of two tenants in common - acts of user not inconsistent with the right
of the other co-tenant.

See HAMERSHLAG v. DURYEA....

Eminent domain damages to an abutting owner from an elevated rail-
road when a devisee and residuary legatee of such owner is not entitled to
damages accruing before the latter's death.

See GUCKER v. METROPOLITAN ELEVATED R. Co.. . . . .

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Piling sand against a brick wall on an adjoining lot.
breaking down the wall. -one who piles part only of the sand is liable.

See BARNES v. MASTERSON.

Marketable title — that a will was erroneously construed in an action to
which all persons interested were parties, is not a ground of objection to the title.
See BROWN v. MOUNT...

liability for

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Municipality - extent to which land may be taken for a street — dedica-
tion of a court yard which excludes the right to build upon it.

See MATTER OF CURRAN.

Mortgages given by a life tenant and by remaindermen — surplus moneys,
arising on a foreclosure thereof the mortgagors' relative interests therein.
See FOSDICK v. LYONS....

when they cannot be taken from both

Real estate broker's commissions
parties to an exchange of real property.

See ROBINSON v. CLOCK..

APP. DIV.-VOL. XXXVIII.

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89

534

525

164

16

130

47

440

612

82

608

67

REAL PROPERTY - Continued.

Restrictive covenants -a restriction to
prevent the erection of an apartment house.
See SONN v. HEILBERG..

Will - valid, separable from invalid, limitations — accumulation of
income-intestacy.

See DUNCKLEE €. BUTLER..

Real estate broker's commissions when not earned.
See DIAMOND & Co. v. HARTLEY..

Lease of.

See LANDLORD AND TENANT.

RECEIVER - In a creditor's suit — when his appointment is not justified.]
An unverified complaint in a creditor's suit, brought not on behalf of other
creditors similarly situated, but for the plaintiff alone, alleging the recovery
of a judgment and the return unsatisfied of an execution thereon, and a con-
veyance of real property by the debtor to his wife, without adequate con-
sideration, with intent to defraud his creditors, and asking that the convey-
ance be declared void as against the plaintiff and that the real property be
sold to pay the judgment, supported by affidavits tending to establish the
fraud, does not (there being no allegation therein as to the rents and profits
of the debtor's interest in the property during the fifteen months of his pos-
session thereof after a sale under execution, authorize the appointment of a
a receiver of such rents and profits under section 1877 of the Code of Civil
Procedure.

RECOUPMENT:

Porters which should be given to a receiver.
See JENKINS . HAMMERSCHLAG...

See SET-OFF.

RECORD Amendment of the record nunc pro tunc on an application to the
Supreme Court, after a final decision in the Court of Appeals, not allowed.
See DRAKE v. NEW YORK IRON MINE..

REGISTRATION - Of city bonds.

See MUNICIPAL CORPORATION.

REMAINDER- In real property.

See REAL PROPERTY.

Where in such a case it is not shown that the property is likely to be
injured or destroyed, or that the equity therein is insufficient to satisfy the
plaintiff's judgment, which is, therefore, adequately protected by the lis
pendens, a receiver of the property should not be appointed under subdivision
1 of section 713 of that Code. NATIONAL UNION BANK v. RIGER.... ..... 123

REMITTITUR:

RENT:

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a family residence" does not

REMEDY - Existing in the relation of husband and wife.

See HUSBAND AND WIFE.

See APPEAL.

REMAINDERMAN — Mortgages given by a life tenant and by remainder-
men--surplus moneys arising on a foreclosure thereof-the mortgagors' rela-
tive interests therein.

See MORTGAGE.

See LANDLORD AND TENANT.

REPAIR:

PAGE.

See LANDLORD AND TENANT.

REPORT - Of a corporation.
See CORPORATION

...

RES GESTÆ - What admissible in evidence as pertaining to.
See EVIDENCE.

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RULE-Of courts.

See COURT.

Protection against a ruindus competition is

REVISED STATUTES-1 R. S. 761, § 5- Pleading allegations creating
an implication that a note payable to the maker's order and not indorsed by the
maker was “negotiated" by her under 1 R. S. 761, § 5.

See ODELL . CLYDE...

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breach.

[See table of sections of the Revised Statutes cited, ante, in this volume.]
RICHMOND HILL-- Registry of coupon bonds of Richmond Hill after its
consolidation in the Greater New York-New York city registered stock cannot
be issued in place thereof.

See MATTER OF WHANN.

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PAGE.

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SALE- Contract to accept a draft of a third person drawn against merchandise
sold - what letter is an approval of the acceptance · when the acceptors are not
mere guarantors--they are not bound to inquire as to the quality of the mer-
chandise drawn against- when liability under the contract arises - laches in
the sale of the merchandise.

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See BENECKE . HAEBLER...

Contract authorizing the printing from the vendor's plates of books to be
sold at a specified price — sale of plates to another party by a receiver of the ven-
dor the purchaser restrained from selling a better edition at a less price — con-
tract in restraint of trade-monopoly.

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See MURPHY . CHRISTIAN PRESS ASSN. PUB. Co..

Pleadings-admission in an answer that one installment of the purchase
price of goods sold was due on the day the action was brought — it does not enti
tle the plaintiff to a judgment on the pleadings when the right of action

accrues.

See STURZ v. FISHER..
Counterclaim action to recover for goods sold· - allegation in the answer
that the plaintiffs conspired to exact excessive prices from the defendant-election
to sue on contract.

See SIEBRECHT v. SIEGEL-COOPER CO...

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Bill of sale of goods to be shipped — it creates a contract at once and not
one contingent upon the arrival of the goods—damages for a failure to deliver
the goods.

See SALOMON v. CORBETT

Power of by executors.

See EXECUTOR AND ADMINISTRATOR.

333

339

344

426

457

See ABE STEIN Co. v. ROBERTSON .

311

Action to recover commissions on sales-what facts do not establish a
right to examine the defendant's books.

See TAYLER v. AMERICAN RIBBON CO......

144

Contract for the sale of several chattels — when entire — recovery for its

549

262

SCHOOL-Subscription—the continuance of work in one of the departments
of a seminary not presumed to be at the subscriber's request — effect of the pay-
ment of a part of the amount subscribed.

See HULL v. PEARSON..

certiorari.

588

School teacher-removal of, in New York city — it cannot be reviewed by

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See PEOPLE EX REL. EVERITT v. HUBBELL..

To what case it is not applicable.
See ATTORNEY AND CLIENT.

SCRIVENER'S RULE -

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SEPARATION - Of husband and wife.
See HUSBAND and Wife.

SERVANT :

See MASTER AND SERVANT.

SERVICE - Of process by publication.
See PROCESS.

PAGE.

SESSION LAWS 1848, chap. 40- Liability of a director of a corporation
which filed a defective annual report — what is insufficient documentary proof
that the defendant was a director — a certified copy of the certificate of incorpo-
ration and annual reports as evidence thereof.

See BANK OF THE METROPOLIS v. FABER.

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1877, chap. 466 — Assignment by a corporation for the benefit of cred-
itors - not invalid because of a defective certificate of acknowledgment where the
instrument was in fact acknowledged -
- an assignment to a director is not repug-
nant to section 48 of the Stock Corporation Law — assignments without prefer-
ences favored.

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See LINDERMAN v. HASTINGS CARD & PAPER CO......

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1878, chap. 186 - City of Yonkers — removal of an action from a Jus-
tice's Court to a City Court — it is a change of forum, not of venue, and is not
prohibited by section 18 of article 3 of the Constitution.

See DORAN v. BUSSARD....

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1880, chap. 199. § 1 - Registry of coupon bonds of Richmond Hill after
its consolidation in the Greater New York - New York city registered stock can-
not be issued in place thereof.

See MATTER OF WHANN

....

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1880, chap. 269— Certiorari — within what time the writ must be applied
for-review of an assessment levied in Richmond county.
See PEOPLE EX REL. CRYSTAL WATER CO. v. COLER.

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1882, chap. 410, § 138 Registry of coupon bonds of Richmond Hill
after its consolidation in the Greater New York - New York city registered stock
cannot be issued in place thereof.

See MATTER OF WHANN

....

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1882, chap. 410, §§ 853, 854, 1710 — City marshals in New York city ·
their fees on collecting a personal tax.

See MANHATTAN RAILWAY CO. v. MERGES...

1887, chap. 713 - Inheritance tax - a legacy absolute in terms, impressed
by extrinsic proof with a trust· - a remittitur from the Court of Appeals exam-
ined the judgment of the Supreme Court entered thereon is not conclusive.
See MATTER OF EDSON....

1890, chap. 564, § 48. ·Assignment by a corporation for the benefit of
creditors—an assignment to a director is not repugnant to section 48 of the Stock
Corporation Law — assignments without preferences favored.

See LINDERMAN v. HASTINGS CARD & PAPER CO...

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1890, chap. 564, § 48- · Corporation — preference given by, in contempla-
tion of insolvency — accounts assigned to replace other assigned accounts collected
by the debtor.

----

See HILTON v. ERNST...

194

159

488

30

339

604

339

120

19

488

94

SESSION LAWS—Continued.

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1892, chap. 255- Petition for the lighting of a district outside the limits
of an incorporated village — names may be withdrawn before a contract is awarded
- if reduced to less than twenty-five the contract is void — assignment of such
contract without consent avoids it— the inclusion in such lighting district of a
part of an incorporated village avoids it.

See SUBURBAN EL. Co. v. TOWN OF HEMPSTEAD...

1892, chap. 399 — Transfer tax on property transferred in contempla-
tion of death—what transfer is subject to such tax.

See MATTER OF BOSTWICK.

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1892, chap. 687, § 23 — Liability of a director of a corporation which
filed a defective annual report - what is insufficient documentary proof that the
defendant was a director — a certified copy of the certificate of incorporation and
annual reports as evidence thereof.

See BANK OF THE METROPOLIS v. FABER...

....

1892, chap. 688- Assignment by a corporation for the benefit of creditors
— an assignment to a director is not repugnant to section 48 of the Stock Corpo-
ration Law-assignments without preferences favored.

See LINDERMAN v. HASTING CARD & PAPER CO..

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1892, chap. 688 — Corporation — preference given by, in contemplation
of insolvency. accounts assigned to replace other assigned accounts collected by
the debtor.

See HILTON v. ERNST...

1893, chap. 416- City of Yonkers — removal of an action from.a
Justice's Court to a City Court - it is a change of forum, not of venue, and is
not prohibited by section 18 of article 3 of the Constitution.

See DORAN v. BUSSARD.

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PAGE.

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· 1896, chap. 286 — Certiorari — within what time the writ must be applied
for-review of an assessment levied in Richmond county.

See PEOPLE EX REL. CRYSTAL WATER Co. v. COLER..

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1896, chap. 425, § 30-Power to ordain fixed penalties" — it requires
that a definite sum, not a sum less than one nor more than another sum, be
prescribed.

See CITY OF POUGHKEEPSIE v. KING..

1896, chap. 908, SS 38, 251 - Certiorari—within what time the writ
must be applied for review of an assessment levied in Richmond county.
See PEOPLE EX REL. CRYSTAL WATER Co. v. COLER..

.....

1896, chap. 309 — Petition for the lighting of a district outside the
limits of an incorporated village · - names may be withdrawn before a contract
is awarded-- if reduced to less than twenty-five the contract is void- -- an assign-
ment of such contract without consent aroids it the inclusion in such lighting
district of a part of an incorporated village avoids it.
See SUBURBAN EL. Co. v. TOWN OF HEMPSTEAD.
1896, chap. 309, §§ 2, 3-

355

Contract for lighting the town of Jamaica —

notice of the filing of a petition.
See HENDRICKSON . CITY OF NEW YORK..
1896, chap. 387, § 26— School teacher — removal of, in New York city-
it cannot be reviewed by certiorari.

See PEOPLE EX REL. EVERITT v. HUBBELL.

1897, chap. 378, § 127— New York city civil service- — a veteran employed
in Brooklyn at the time of the consolidation is not entitled to the same salary when
transferred to a position in the consolidated city.

See PEOPLE EX REL. SCHUMANN v. COLER.......

355

1897, chap. 378, § 172- Registry of coupon bonds of Richmond Hill after
its consolidation in the Greater New York - New York city registered stock can-
not be issued in place thereof.

See MATTER OF WHANN

223

159

488

94

36

604

480

604

1897, chap. 378- Municipal Court of New York city - chapter 378 of
1897 creating it is constitutional.

See IRWIN v. METROPOLITAN STREET R. Co.

194

610

253

615

339

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