Elections : candidate's name on ballot more than once.......51, 58 Eminent domain: injury to business... Eminent domain : public use..... 282 354 491 Highway easements : taking of property. Home rule provision : New York special franchise act. .267, 287 Insular case : limitations...... Interstate commerce: lottery tickets... Police powers : Fourteenth Amendment... Police powers: right to bear arms..... Power of President to pardon contempts... Separation of powers : judicial acts. CONTRACTS. Agreement as to jurisdiction. Anticipatory breach: damages... Cancellation by court : revival of prior contract. Imperfect identification of vendee..... Illegality: violation of ordinance... Public officer's bond.... 354 281 58 355 59 281 CORPORATIONS. Appointment of receiver: directors' right to re- Consolidation : citizenship ..... Contract for office: public policy. Contract not under seal: recovery. Insolvency: statutory preferences . Legal control within meaning of a statute... Liability of shareholders in De Facto corporation... Merger: Northern Securities Decision.. Mutual control by exchange of stock ... Power to retire stock in favor of bonds : amendment of char- Transfer of shares: forged deed of transfer.. Voting trusts : rights of stockholders.... CRIMINAL LAW. Accused as witness: waiver of privilege. Army officers : jurisdiction of civil courts.... Extradition : fugitive from justice False pretenses in jury instructions. Reasonable doubt : instructions... 420 .574, 589 589 356 .198, 210 589 Alienation of husband's affections. Constitutional law: alimony... Foreign divorce: estoppel : jurisdiction.... Injury to mínor employed without parent's consent. 210 EMINENT DOMAIN. (See Constitutional Law.) Good will: right to telephone number.. Injunction : public convenience. ..... Injunction to restrain unfair competition..... Jurisdiction of a federal court to set aside a will by force of state Partial assignment of chose in action.. Preferred debts in railway foreclosures... Restraining proceedings brought in another state. Specific performance of building contract..... Specific performance : contract of husband and wife. Specific performance: negative covenant. 282 Admissions of an agent: res gestæ... Expert testimony as to authorship of marks in writing .42, 61 Impeachment: refreshing memory of witness .. Parol evidence to show conditional liability on a promissory note. 61 Privilege of witness : incriminating answer. Privilege of witness : self-incrimination. Records of Board of Health ...... Testimony of arbitrators to impeach an award. Transactions with decedent..... INSOLVENCY. Fraudulent conveyance: improvements on wife's land. 283 .581, 590 I 22 INSURANCE. Accident policy : subrogation.. Alien enemy: seizure before beginning of war... Blanket and specific policies : prorating loss.... Change of beneficiaries : equities arising from payment of pre- 591 61 proof... Marine: constructive total loss... Prorating loss between specific and blanket policies.. Reduction of policy by insurer ; remedy of insured.. .423, 495 Suicide: beneficiary's right.... INTERNATIONAL LAW. Extradition... LANDLORD AND TENANT. Duty to repair : injury to third party.. 284 Implied covenant for quiet enjoyment... LIBEL. Privileged communication : judicial proceedings. MASTER AND SERVANT. Injuries received while off duty: negli. 49, 62 Injury to employee : fellow servants. Master's liability for wilful and wanton acts of servant......206, 211 Servant under control of third person... MORTGAGES. Clog on the equity of redemption.... Partial assignment of debt : priorities.. Right of mortgagee of ship to freight.. Right of second mortgagee of chattels to maintain conversion .578, 592 MUNICIPAL CORPORATIONS. Implied contracts... Liability for streets : defective plan.... Misconduct of members of city council.. Power to regulate hours of employment.... NEGOTIABLE PAPER. Checks: revocation by death.. Collateral security for antecedent debt... Forged checks: recovery of money paid by mistake. Imperfect identification of indorsee... Imputed notice of dishonor...... Liability when signing as trustee.. Payee as holder in due course..., Presentment of check through clearing house... Same person acting as secretary of two companies.. PARTNERSHIP. Good will : sale of firm name to stranger.. Rights in equity of person nominated for membership according to power in partnership agreement... Status of shares in joint-stock association .. 123 PAGE 212 sane... .348, 359 212 PERSONAL PROPERTY. Possibility on a possibility.... 123 PLEADING AND PRACTICE. Appellate jurisdiction of U. S. Supreme Court...... 285 Attorney's lien : enforcement by equitable action.. 424 Joinder of causes of action.... Joint debtors : joinder of executor.... 359 Lunatic : right of next friend to sue when lunatic not adjudged in 124 Right to sue in forma pauperis... 285 Service on foreign corporation.... 124 Statute of Frauds : defence under general denial. 576, 592 PROCEDURE. Contempts : purging by oath...... Federal jurisdiction : amount in controversy. QUASI CONTRACTS. Forged check : recovery of money paid by mistake ..... 358 Illegal insurance policy: recovery of premiums.. 592 Recovery of loan ultra vires: interest.... I 24 Waiver of tort: deceit in inducing contract not rescinded. 592 Willful breech of employment contract : plaintiff's rights.. 592 RECEIVERS. Cost of receivership : power to adjudge against complainant. 360 Liability for rent .53, 63 REAL PROPERTY, Adverse possession : intention to hold. 286 Condemnation: deed.,..... 497 Conveyance deed delivered for grantee not in esse. 276, 286 Covenants running with land 62 Equitable easements 63 Excavations on the sea shore: injury to neighbor Implied covenant for quiet enjoyment 425 Lateral support: negligence in excavating: notice. .274, 286 Lateral support: termination of easement 213 Mortgages: fixtures. 359 Percolating waters : correlative rights.. .425. 593 Powers : extinguishment of powers.. 359 Public rights : use of foreshore. 213 Quit claim deeds. 63 Remainders.... 213 Sale by executor : caveat emptor. 593 Waters: underground, flowing in defined but unknown channels ..... 109, 125 SALES. Rescision for fraud : damages. 425 Statute: intoxicating liquors . 495 STATUTES. Attorneys : purchase of claims under N. Y. Code of Civil Procedure.... 585 Customs laws: forfeiture of smuggled goods : defrauded vendor's right to reclaim .... 360 Fraudulent use of mails : power of Post Master-General 214 Public policy: consent of property owners... 286 212 PAGE Violation as evidence of negligence... 344, 361 SURETYSHIP. Contract of indemnity 63 Mortgagor's rights as surety: notice to creditor... .199, 214 TAXATION. Assessment not in accordance with statute. 64 Assessment of capital of non-resident partnership. 593 Contingent interests ... 64 New York special franchise act.. .267, 287, 426 Transfer tax 64 Transfer tax: bank deposits of a non-resident decedent. 360 TORTS. Action for death by non-resident alien as next of kin 497 Interference with business relations : right to injunction 426 Joint wrong-doers: satisfaction ..... 214 Liability of an agent to third persons for non-feasance. .116, 125 Malicious prosecution.... 479, 498 Malpractice : statute of limitations... 287 Negligence : disclosure of telegraph calls. 426 Proximate cause : suicide while insane. 594 Violation of statute as evidence of negligence. .344, 361 Trusts. Devises to charitable use : public charity .269, 287 Gift mortis causa : delivery 125 Legacies charged on land : statute of limitations. .487, 498 Liability of member of unincorporated club .407, 426 Preference of cestui's claim fur breach ... 498 Prudent investment, trustee's duty of ... 594 Public charity: beneficiaries: indefiniteness... 498 Savings banks: relation of managers to depositors. 499 WILLS. Contract to devise : predecease of devisee. 594 Incorporation by reference: effect of codicil... 125 Marshalling assets.. 361 Mistake: probate.. 126 Probate in solemn form, right of.... 595 |