2. Same. Prior to a sale of goods one of the plaintiffs told the defendants that if their sales agent got hard up and wanted anything to let him have it and they would see that it was paid. The agent then owed defendants a bill and subsequently made additional pur chases. Thereafter defendants, in payment for the goods purchased by them, sent to the plaintiffs the bill against their agent and a check for the balance, and plaintiffs, in reply, wrote that they had applied the check on account and claimed the balance to be still due. Held, that there was no accord and satisfaction of the claim for the goods sold to the defendants.

ACTIONS.

Id.

ADJOINING OWNERS.

Negligence Overflow of neighboring land. An owner of land who, by the construction of extra ditches, accumulates water in such quantities that an existing culvert cannot carry it off, but throws it on his neighbor's land, is liable for the damage occasioned thereby. Schrieber v. Driving Club of New York. 632

2.

owners.

Infancy no bar. Where the owner of property dies, leaving an infant heir, after an adverse possession has begun, the disability of infancy does not interrupt the running of the statute. Greagan v. Buchanan. 580

AFFIDAVIT.

Irregular. Affidavits obtained in an irregular manner and by an improper use of criminal process will not be regarded with favor by the court. Matter of Quinn. 509

See DEPOSITIONS.

which was deposited in the sus-
pense account. About the same
time he received a mortuary call,
which stated that neither such
notice or the acceptance of the
money would be held to waive
any forfeiture by reason of non-
payment of any previous sum
when due. The amount of this
call was sent and also placed in the
suspense account. Relator subse-
quently refused to sign an appli-
cation for reinstatement, and the
association tendered back the
moneys so received by it. Held,
that there was no waiver of the
forfeiture on the part of the asso-
ciation.
Id.

a

481

4. Forfeiture-Waiver. The certifi-
cate of a benefit society provided
that a failure to pay dues over four
weeks would avoid the policy, and
also that collectors were not
authorized to waive forfeitures or
receive payment beyond such
time. At the time of the death of
the insured the dues on the cer-
tificate were four weeks in arrears,
and thereafter plaintiff paid them
to a collector, but the company
refused to receive them. Held,
that the failure to pay within the
time limited caused a lapse or for-
feiture of the certificate, and that
the payment to the collector did
not revive it.

BENEVOLENT SOCIETIES.

See PLEADING.

BILL OF SALE.

See CHATTEL MORTGAGE.

Id.

Contribution. Where one of sev-
eral sureties has been compelled to
pay the amount for which he was
liable on the bond, he is entitled.
to contribution from the other
sureties.
Id.

See REPLEVIN.

BREACH OF PROMISE.

1. Pleading. A complaint alleging
mutual promises of marriage on a
request by plaintiff and defend-
ant; that plaintiff was ready and
willing to fulfill and that defend-
ant refused to do so, sets forth a
cause of action for breach of
promise. Getzelson v. Bernstein.
627

2. Multifariousness. Allegations of
seduction in a complaint for
breach of promise are available in
aggravation of damage, but do not
constitute an independent cause of
action.
Id.

BROKERS.

1. Commissions. Where a broker has
procured the making of a contract
he is entitled to his commissions,
although the parties to the con-
tract subsequently agree to a
modification thereof without the
intervention of the broker, Jones
v. Henry.
151

3. Right to commissions. A broker
is entitled to his commissions

board of education of the city of
Brooklyn must be served upon
the city treasurer, not upon the
comptroller.
Id.

See CONSTITUTIONAL LAW.

BUFFALO.

See POLICE.

ATIONS.

293

4. Burden of proof. Where such a
contract is produced, but the de-
fendant claims that its execution
was conditional, he is required to
establish that fact by a fair pre
ponderance of proof."
Id.

5. Commissions. Where the broker
is entitled, under the original
agreement, to commissions when
he has produced a purchaser
ready, willing and able to enter
into a contract, a subsequent agree-
ment by him, in consideration of
the execution of such a contract,
not to claim commissions until de-
livery of the deed is without con-
sideration and cannot affect the
obligation of his principal to pay
them. Moskowitz V. Hornber-
ger.
645
6. Evidence. In an action for broker's
commissions for an exchange of
lands, it is competent for the de-
fendant to show that the title of
the customer produced by the
broker was not a good or market-
able one and that he was not the
owner or had no right to exchange
the property offered by him.

BROOKLYN.

Id.

1. Withdrawals. Where the articles
of a loan association provide that
where the notices of withdrawal
exceed the weekly receipts they
shall be numbered in the order
they are received and paid in the
same order as fast as the receipts
will permit, a member who has
served such a notice cannot main-
tain an action against the associa-
tion for his money until there are
funds in its treasury legally appli-
cable to his claim, in accordance
with such provision. Pawlick v.
Homestead Loan Association. 427

Liability for injuries to goods.
The mere fact that the owner of a
heavy article insists upon its being
taken into the house in the even-
ing, and not left in the street dur-
ing the night, does not excuse the
carrier from liability for injuries
done to such article during its re-
moval on account of the darkness,
where no act of the former pre-
vented the procurement of lights.

Id.