1179 Reformation. Of contract, see "Equity." Release and Discharge. Of guarantor, see “Guaranty." Removal. Of officer, see "Municipal Corporations"; "Office and Officer." Renewal. Of note, see "Negotiable Instruments." Rent. See "Landlord and Tenant " Repairs. On highway, see "Highways." SALE. On leased premises, see "Landlord and Ten- Illegal liquor sales, see "Intoxicating Liquors." aut." Repeal. Of statute, see "Statutes." REPLEVIN. Defendant cannot rebond chattels seized by sheriff unless they were specified in the affidavit. - Klinkowstein v. Greenberg (City Ct. N. Y.) 206. The court cannot release one of two sureties on a bond given by defendant, without notice to defendant or the cosurety, or consent of plaintiff.-Quarch v. Metz (City Ct. N. Y.) 218. Where there was neither actual nor symbolical delivery of goods pledged, the pledgee cannot maintain replevin to recover them from the assignee of the pledgor.-National Bank of Deposit v. Rogers (Sup.) 365. Complaint alleging that goods were stolen from plaintiff held sufficient to permit submission of question of fraudulent purchase from plaintiff. -McPherren v. Homan (Sup.) 706. An affidavit in replevin held to sufficiently describe the property.-McCarthy (Sup.) 914. v. Ockerman Under Code Civ. Proc. $$ 580, 1705, an adjournment may be for a longer time than to the next judicial day to procure the attendance of sureties, or to substitute new sureties. Troy Carriage Works v. Muxlow (City Ct. N. Y. 1023. Rescission. Of sale, see "Sale." Res Judicata. See "Judgment." Of infant's lands, see "Infancy." Where mortgage was given to secure pre-existing debt, the mortgagee is not within Laws 1884, c. 315, § 1, declaring conditional sale void, as against bona fide mortgagees, unless filed.Duffus v. Howard Furnace Co. (Co. Ct.) 19. The purchaser of stock in a company held to have lost his right to disaffirm because of delay. -Zimmele v. American Plaster-Board Co. (Sup.) 183. It is immaterial whether acceptance takes place before or after delivery.-Stockton v. Rogers (City Ct. N. Y ) 213 Evidence considered and held that a condition in a sale that the buyer should execute a note for the price was not waived.-Adams v. Roscoe Lumber Co. (Sup.) 265. Conduct of seller held not to show waiver of right to rescind sale for fraudulent representatious of buyer.-Hallahan v. Webber (Sup.) 613. of fraud, after general assignment of buyer, is Right of assignee to rescind sale on ground not affected by the fact that assignee has sold the goods, if buyer only claims to recover proceeds from assignee.-Hallahan v. Webber (Sup.) 613. Order to manufacture boxes, delivery to be made from time to time, held a continuing order, and to require buyer to receive all boxes manu factured unless he notifies seller to contrary.— Neff v. Klopfer (Sup.) 654. In action for price, payable on condition that article sold would accomplish certain things, burden is on plaintiff to prove performance of condition.-Patterson Gas-Governor Co. v. Bayne (Sup.) 656. Evidence held sufficient to show that goods were equal to sample.-Gleason v. Thom (Sup.) 680. Facts held insufficient to show bad faith on that a demurrer to the insufficiency of the com part of purchaser of chattels.-McPherren v. terclaim was bad. - Evans v. Ogsbury (Su Homan (Sup.) 706. Evidence held sufficient to warrant an assumption, as a matter of law, that a contract of sale existed.-Eiseman v. Heine (Sup.) 861. Evidence held admissible in an action for breach of contract for sale of silk by sample.-Eiseman v. Heine (Sup) 861. SCHOOLS AND SCHOOL DIS TRICTS. A teacher of a public school is not protected from dismissal, without a hearing, by the school law.-Ridenour v. Board of Education of City of Brooklyn (Sup.) 109. No provision can be made to pay salary of listrict clerk from funds raised by school tax unless item for salary was included in estimate made by trustees.-Gibson v. Roach (Sup.) 567. Servant. See "Master and Servant." Service. Of papers, see "Practice in Civil Cases." SET-OFF AND COUNTER- 1104. Settlement. Of pauper, see "Poor and Poor Laws." See "Pleading." SHERIFFS AND CONSTABLES. Laws 1847, c. 497, relating to fees of shemes for transporting convicts, does not apply to je venile delinquents sentenced by magistratesPeople v. Board of Auditors (Sup.) 633. for a county other than that in which he reA person cannot be appointed a deputy sherif sides.-People v. Board of Auditors (Sup.) 653 Slander. See "Libel and Slander." Societies. See "Associations"; "Benevolent Societies." Statute of Frauds. See "Frauds, Statute of." Statute of Limitations. A counterclaim denying the existence of any See "Limitation of Actions." relation between the parties is demurrable.Wintringham v. Whitney (Sup.) 188. Reply to counterclaim containing new matter held not to allege a counterclaim.-Wilder v. New York Bank-Note Co. (City Ct. N. Y.) 203. Answer held to set up a counterclaim, not merely matter of defense.-Weaver v. Bonnell (City Ct. N. Y.) 212. Answer alleging counterclaim held insufficient on demurrer.-Weaver v. Bonnell (City Ct. N. Y.) 212. Answer alleging that part of sum sued for was paid, and asking that sum paid be set off against sum sued for, states set-off and not counterclaim.-Hatzel v. Hoffman House (Sup.) 598. Held, that an answer in an action for partition did not set up a counterclaim, and, therefore, STATUTES. Laws 1890, c. 564 (Stock Corporation Law, $30, which was repealed by Laws 1892, c. 687. was re-enacted by Laws 1892, c. 688.-Bank of the Metropolis v. Faber (Sup.) 423. Chapter 846, Laws 1867, creating the New York board of fire underwriters, sufficiently expresses the subject in the title.-New York Board of Fire Underwriters v. Whipple (Sup)) 712. An act repealing an old charter, and providing right, saves a right to sue a tax collector for that it shall not affect any privilege or vested his default.-Village of Oneida v. Thompson (Sup.) 889. Debts of corporation may be deducted fro assets, though represented by debentures, son of which have not been issued.-People v. Bas ker (Sup.) 106. Action of assessors in accepting part of state ment made by corporation as to taxable value of property, and alleging the residue, without er dence other than such statement, is erroneousPeople v. Barker (Sup.) 106. A tax collector held liable for money lost by failure of the bank in which he had deposited i -Village of Oneida v. Thompson (Sup.) 889. TELEGRAPH COMPANIES A regulation that the messenger of a te graph company sent to receive a telegram shali be the agent of the sender is invalid.-Will t Postal Telegraph Cable Co. (Sup.) 933. TENANCY IN COMMON. Creation of trust by tenant in common, see "Trusts." Where defendant railroad company. pending an action to remove its tracks from certain land, acquired an undivided interest in the land, a judgment directing the removal of the tracks is erroneous, as neither party has a right to exclusive possession.-Archibald v. New York Cent. & H. R. R. Co. (Sup.) 336. Evidence held sufficient to sustain a verdict for Before action, see "Guaranty." plaintiff in an action for causing plaintiff's lands to be overflowed with water.-Schreiber v. Driving Club of New York (City Ct. N. Y.) 348. Surrender. Of leased premises, see "Landlord and Tenant." Surviving Partners. See "Partnership." Testamentary Capacity. See "Wills." Taking Case from Jury. See "Trial." Allegation in indictment, see "Indictment and To revoke probate of will, see "Wills." Title. TAXATION. See "Vendor and Purchaser." Tax title as incumbrance, see "Vendor and Titles of acts, see "Statutes." Transfer tax, see "Descent and Distribution." Property of missionary corporation is taxable where it is subject to a lease.-Board of Home Missions of Presbyterian Church v. City of New York (Sup.) 96. Torts. Liability of city, see "Municipal Corporations." TRIAL. In criminal cases, see "Criminal Law." Plaintiff need not introduce evidence disapproving a plea of payment, but may testify thereto in rebuttal. Frindel v. Schaikewitz (Sup.) 172. Refusal of trial court, in absence of counsel, to answer question asked by jury after retirement, is not a communication between court and jury. Horrman v. Neuman (City Ct. N. Y.) 199. When plaintiff sues for two months' rent, and a defense is pleaded to second month only, judgment is properly directed for first month.-Weston v Ryley (City Ct. N. Y.) 216. A party, to avail himself of error in the exclusion of question as not within the pleadings, need make no offer of evidence or follow the question with others of the same purport.-Feldman v. McGraw (Sup.) 434. Where there is a direct conflict in testimony, it is not error to charge the jury to disregard the testimony of any witness --Reilly v. Third Ave. R. Co. (Sup.) 593. It is proper to refuse to charge that, if defendant's witnesses are equally credible with those of plaintiff, then defendant is entitled to verdict.-Reilly v. Third Ave. R. Co. (Sup.) 93. When there is any evidence to support the complaint, defendant's motion to dismiss is erly denied. prop- Davidoff v. Wheeler & Wilson Manuf'g Co. (Sup.) 661. Objection to striking out testimony held waived.-Foster v. Tanenbaum (Sup.) 722. Instructions already given are properly refused.-Laidlaw v. Sage (Sup.) 770. In the construction of a charge, it should be considered as a whole.--Laidlaw v. Sage (Sup.) 770. An instruction assuming a fact in issue is erroneous.-Schoenholtz v. Third Ave. R. Co. (Sup.) 682; Eiseman v. Heine (Sup.) 861. 1183 Objections to the admission of evidence held waived where no question was raised as to its sufficiency.-Clarke v. Westcott (Sup.) 1111. peaching evidence is waived where the objection An objection that no ground was laid for imwas not properly brought to the attention of the court.-Clarke v. Westcott (Sup.) 1111. TROVER AND CONVERSION. Conversion by warehouseman, see "Warehousemen.' Plaintiff must show the value of the property and demand therefor.-Cohnfield v. Walsh (Sup.) 833. Complaint examined, and held not to state a cause of action.-Cohnfield v. Walsh (Sup.) 833. TRUSTS. Creation by will, see "Wills." Purchase made by trustee of trust property of cestui que trust, and the right to avoid it for his own benefit is merely voidable, at option may cease from acquiescence, lapse of time, or express acts of cestui que trust.-Gregan v. Buchanan (Sup.) 83. tator is "satisfied that they will follow what Bequest to executors, with statement that testhey believe to be my wishes," held not to create a trust ex maleficio, but to confer absolute ownership on the persons named.-Edson v. Bartow (Sup.) 99. A deposit in a savings bank in the depositor's name in trust for a beneficiary, held to create a valid trust.-Grating v. Heilmann (Sup.) 253. On sale of land purchased with part only of trust money, trustee is entitled to commissions only on so much proceeds as belonged to trust estate.-McKee v. Weeden (Sup.) 465. Costs of proceeding to sell real estate, part of which was purchased with trust money and part with other money, held payable out of general proceeds of sale, and not exclusively out of part belonging to trust estate.-McKee V. Weeden (Sup.) 465. When purchaser of trust property cannot recover purchase money.-Suarez v. De Montigny (Sup) 503. Purchase of trust property must ascertain trustee's power to sell.--Suarez v. De Montigny (Sup.) 503. A provision in a trust agreement that no disposition shall be made of trust property without written consent of beneficiary is valid.-Suarez v. De Montigny (Sup.) 503. Decree on accounting by trustee adjusting and unless amount of commissions on income is statallowing commissions on income is not conclusive ed separately from gross amount of commissions allowed.-In re Curtiss' Estate (Surr.) 586. condition that he relinquish commissions on prinOn resignation of trustee, court may impose cipal of estate.-In re Curtiss' Estate (Surr.) 586. |