is to be paid for in thirty days after delivery on board of the vessel, and payment to be received by approved paper, the title to the cement passes on delivery to the vessel, and the Plaintiff becomes liable to make good every term and condition of his contract. If the cement, or any part of it, is not of a quality to pass inspection at the designated port, and is condemned by the inspecting officer, it becomes the duty of the Defendant to either return such condemned article to the Plaintiff, or to notify him where the same is stored, subject to his order; and, failing to do so, he cannot recover by way of counterclaim for such damaged or condemned cement. DELAFIELD V. DE GRAW. 2. CONTRACT-Discovery of Fraud-Time of Disaffirmance.] It is the duty of a party who proposes to disaffirm as fraudulent a contract entered into by himself, partner, or agent, to do it at once, upon discovery of the fraud. 3. If, after discovering the fraud by which he was induced to enter into the contract, he remain silent or inactive, and give no intimation of a purpose to disaffirm until he finds the contract likely to prove unprofitable, he will then be estopped from dis affirmance. One of the partners of a firm, in the absence of his partner, was, by false representations, induced to endorse a note in the name of the firm. On the return of the partner, the fraudulent representations were discovered, and the partners were dissatisfied with the party procuring the endorsement, but they gave no notice of disaffirmance for the period of three months, and further availed themselves of the benefits of such endorsement: Held, the firm was bound thereby. -Performance of, Void-Statute of Frauds-Obliga tion-Evidence See STATUTE OF FRAUDS. 2. Written, cannot be varied by Parol Evidence.] A written agreement between parties must be regarded as containing the whole of their agreement upon the subject-matter thereof, and as merging therein all prior and contemporaneous understandings. Therefore, evidence offering to establish other facts and conditions as part of the contract, which are not contained in the agreement, is inadmissible. PAGE 49 82 250 THOMAS V. HUNT Written-Parol Evidence See EVIDENCE. 4. COSTS IN DISCRETION OF COURT awarding them-Equity Appeal-Conflict of Evidence. See EQUITY. EQUITY CASES in Discretion of Court awarding them.] In equity cases, the giving or withholding of costs rests on the discretion of the Court, and that discretion this Court cannot control. STAIGER V. SCHULTZ CONVICT IN STATE PRISON, Service of Process on-Practice CORPORATION ORDINANCE-False Imprisonment-Powers of See FALSE IMPRISONMENT. 191 317 86 4 54 266 CORPORATION OF THE CITY OF NEW YORK may employ See CHARTER. CORPORATIONS, RELIGIOUS― Trustees --Cestui que Trust- See RELIGIOUS CORPORATIONS. COURTS, COSTS IN DISCRETION OF, awarding them-Equity— See EQUITY. PAGE 206 339 86 COUNSEL, CORPORATION OF THE CITY OF NEW YORK may See CHARTER. CREDIBILITY-Evidence-Slander-Words must impute Indictable CREDITOR'S, ASSIGNOR'S, Right to assert Assignee's Claim against See ASSIGNOR's. CRIME, WORDS MUST IMPUTE INDICTABLE-Slander-Evi- 206 278 305 134 182 215 134 See SLANDER. D DAMAGE MUST ENSUE FROM NEGLIGENCE-Carrier's Insur- 112 See INSURANCE. 2. DAMAGES, REAL ESTATE-Possession of Husband under Wife, 57 See REAL ESTATE. 3. DEBTOR, ASSIGNOR'S CREDITOR'S right to assert Assignee's 215 See ASSIGNOR'S. See TRUSTEE. DECEASE OF TRUSTEE--Substitution-What proper DEED, GOOD AND SUFFICIENT-Words-Construction-Real 100 Estate 211 See WORDS. 1. -REAL ESTATE NOT RECORDED-Consideration not Paid 46 See REAL ESTATE. 1. DE FACTO JUDGE, JUDGMENT OF, cannot be collaterally Im- peached 79 See JUDGMENT. 2. See CONTRACT. DESCENTS, STATUTE OF-WILL-R. S., Part II., Ch. 2 DISAFFIRMANCE OF CONTRACT on Discovery of Fraud, Time of 2. DISCRETION-Amendment-Bill of Particulars See PRACTICE. 1. PAGE 320 67 258 148 82 297 -OF SUPREME COURT-Compensation of Receiver EJECTMENT, Church organized under General Law can maintain 39 ENCROACHMENTS ON HIGHWAYS, Penalties for-Construction of Statute 326 See CONSTRUCTION OF STATUTE. ENDORSER OR MAKER of Accommodation Note, Authority of Part- See NOTE. ENFORCEMENT OF BOND to pay Mortgage on Testator's Real Es- ENGINE, STEAM-Loss by Fire occasioned by Explosion-Insurance See INSURANCE 4. EQUITABLE LIEN-Evidence-Admissions of Agent See MARRIED WOMAN. RELIEF TRIAL-Pleading-Lease-Assignment EQUITY CASES, Costs in, in discretion of Court giving. Code, Costs in Discretion of Court awarding them-Appeal-Con- BARKER V. WHITE 4 86 2. Power to Sell-Will-Executor-Trustee ESTATE, REAL, Executor can enforce Bond to pay Mortgage on See EXECUTOR. Location of Boundary-Evidence See REAL ESTATE. See WILL. 1. PAGE 171 117 184 - EVIDENCE, CONFLICTING — Nonsuit refused -- Delivery without 2. 3. Where a person, in possession of goods which belong to another, DUNHAM V. TROY UNION RAILROAD CO. . tion of Court awarding them Crime -Appeal-Equity-Costs in Discre- -Credibility-Slander-Words must impute Indictable See SLANDER. -Equitable Lien-Admissions of Agent. -IMPEACHMENT-ADMISSIONS-That a married Upon a trial where the question is whether a certain note was SHEPARD V. PARKER OF PROVOCATION to Murder, admissible when.] PEOPLE V. LEWIS. PAGE EVIDENCE-Parol, Written Contract cannot be varied by 191 4. Written Contract-Parol.] When the case shows that the HATCH V. PRYOR. EXECUTORS CAN enforce Bond to pay Mortgage on Testator's Real The form of the judgment against such obligee should be, that . Trustee--Will--Power to sell Real Estate See WILL. 1. EXPECTANCY-Heir-at-Law--Transfer See PARTITION. EXPLOSION--Loss by Fire occasioned by--Steam-engine-Insurance 317 171 184 290 180 FALSE IMPRISONMENT-Corporation Ordinance-Powers of Metro- SCHNEIDER V. LANE, FIRE OCCASIONED BY EXPLOSION, Loss by-Steam-engine Insurance See INSURANCE. 4. 266 180 One who FORECLOSURE ― Judgment — Purchaser-Jurisdiction.] When the purchaser is in possession, under a decree which has When a motion is made, by those having an interest in the fund, |