STATUTE OF FRAUDS. 3. Promise to pay debt of another must be in writing which shows the STREAM. 1. Owner of land on a natural stream has a right to reasonable use of STREETS. See MUNICIPAL CORPORATIONS, 5, 10. ROADS, 6. 1. The fee of streets in a city resides in the city corporation in trust. SUBTERRANEAN WATERS, SUIT. 1. Action against a foreign corporation under New York Code is a SUNDAY. 1. Contract for advertisement in Sunday newspaper void. Smith et al. · 377 65 221 59 2. An act done on Sunday, but not in the ordinary calling of the parties, 442 SURETY. See EXECUTOR, 1. 1. Where a party executes a bond as surety with another, whose name 344 . 567 1. Insertion of an improper item makes the warrant void only for the TENANT IN COMMON. See EASEMENT, 3 TRESPASS, 1. TIME. See COURTS, 15. 560 TORT. See ASSUMPSIT, 2. 1. In action for tort after failure of proof that the taking was wrongful, TOWN. See MUNICIPAL CORPORATION. TRESPASS. 1. Cannot be maintained by tenant in common against his co-tenant, . 765 502 2. Will lie for erection of a bay-window over land of adjoining owner, TRIAL. See STATUTE OF FRAUDS, 2. 1. Where a judge, at the circuit, on ex parte application, irregularly 2. Judge at trial may state to the jury his recollection of what has 3. Judge may inquire of jury the ground of their verdict. 4. Answer of Court to prayer for instruction to the jury. 92 253 445 Schilling vs. 447 697 765 5. It was error to allow counsel to read books of reports to the jury 6. Charge to jury as to TROVER. See CONFLICT OF LAWS, 2. Phoenix Ins. Co. vs. Allen, effect of verdict. Waffle vs. Dillenbeck, 1. For one of four billiard-tables sustained, though the particular one 1. SALES AND TITLES UNDER DEEDS OF TRUST, 3. Devise in trust for support of school of certain kind held valid. 4. Does not become extinguished by failure of trustee to accomplish Id. 5. What may be considered income and what principal where a special 6. Presumption of conveyance and surrender to cestui que trust. Brown UNITED STATES LOANS AND STOCKS. See CONSTITUTIONAL LAW, II. USURY. 1. Conveyance of land subject to usurious mortgage. Hartley vs. Har- 57 2. If note is purchased for less than its face from an agent of the 3. Is a personal defence. Sellers vs. Botsford, VENDOR AND VENDEE. See CONTRACT, 1. I. Of Real Estate. 1. Deed-Escrow-Death of Vendor. Teneick vs. Flagg, 557 570 52 2. Nature of their respective interests after entry of vendee on land 438 3. Vendee's possession under such contract is notice to all persons of Id. 4. Of land under executory contract-stipulation to "improve the pre- 5. Evidence of intention of vendor to rescind. Id 6. When vendee in default asks specific performance in payment of in- II. Of Personalty. 7. Sale-fraud-purchase with design not to pay. Hennequin et al. vs. 8. Rescission of sale--vendee becoming insolvent placed goods in 9. Misrepresentations in conditions of sale. Allen vs. Robbins, 11. Bill of sale will not exclude parol evidence. Id. 569 58 318 442 695 12. In action for deceit in sale of property, other representations made 13. But an action will not lie for false representations as to future pro- VOLUNTARY CONVEYANCE. WARRANTY. 767 See INSURANCE, 7. 1. Cardinal rule in construction of, is "to read the writing." Deblois 441 2. Assignor of a note and collateral security, with warranty of collec- 3. Guaranty of collection of a note implies that it is collectable by due 439 4. Resort to legal proceedings is not indispensable if it appears that ΠΑΣ. See ROADS. 1. Right to erect gates. Stevens vs. Allen, 2. Presumption of grant from user. Pierce vs. Cloud, WHARFINGER. 1. Has no power to sell goods deposited on his wharf, for unpaid WILD ANIMALS. 1. Keeper is bound to exercise such care as will prevent injuries tc WILL. See DECEDENTS' ESTATES, 2-3. 1. Need not be read to or by the testator. Hess's Appeal, 2. A mark is a signing of the name within the meaning of the statute. 3. Undue influence over testator-presumption from unlawful relations 4. Evidence-exemplification under New York statutes. 55 446 . 503 559 633 816 5. Acceptance of a devise subject to an annuity creates a personal lia- 6. Sale directed by, "so that it be within one year," is valid if made 7. Devise to one by name given to another by description. 8. Bequest of money, "both principal and interest (if she needs it) 1. Privilege to decline answering-right of parties to object to ques- 2. Impeaching or sustaining witness-what knowledge he must have 3. Opinions of witnesses, to be competent evidence, must be such as 4. Interest, to disqualify, must be direct, certain, and immediate, in 121 634 . 634 248. . 635 5. Vendor who had no title is not competent witness for vendee in ac- |