tion that one of the original parties is dead, and that the action has not since been revived. CAZET V. HUBBELL FRAUD, DISCOVERY OF-Contract-Time of Disaffirmance PRESUMPTION OF-Preferential Assignment-Possession unchanged See ASSIGNMENT. FRAUDS, STATUTE OF-COMPLIANCE-Part Payment . 263 -LAW, Church Organized under, can maintain Ejectment 39 1. GOOD AND SUFFICIENT DEED--Words--Construction--Real Estate 211 GRANTEE OF LAND Purchasing with Knowledge of Prior Conveyance-Deed not Recorded See REAL ESTATE. 1. GROUND OF APPEAL, Misnomer no by whom Recoverable 46 See APPEAL. H HEIR-AT-LAW-Expectancy-Transfer See PARTITION. HIGHWAYS, Penalties for Encroachments on-Construction of Sta HOLDER, BONA FIDE, Rights of Assignee of-Negotiable Paper HUSBAND AND WIFE-Agency of Husband.] Where property is bought by the husband as the agent of the wife, and after- Possession of Real Estate by, under Wife, not adverse- See REAL ESTATE. 3. 290 326 66 35 57 PAGE IMPEACHMENT OF EVIDENCE-Admissions See EVIDENCE. 2. IMPRISONMENT, FALSE - Corporation Ordinance Powers of See FALSE IMPRISONMENT. INDICTABLE CRIME, Words must Impute-Slander-Evidence Credibility See SLANDER. INFRINGEMENT OF TRADE MARK, what-Injunction See TRADE MARK. INJUNCTION-Tax illegally assessed-Remedy what. Code, $11.] An application for a preliminary injunction is addressed to the discretion of the Court; and although the Appellate Court may require the discretion to be exercised, it will not assume to control such discretion. An order refusing to grant such injunction does not come within subdiv. 2 of § 11 of the Code of Procedure, and is not appealable to this Court. It seems that an injunction cannot legally be granted to restrain the collection of a tax, although illegally assessed; the proper remedy is by action for damages, etc. HASBROUCK V. KINGSTON BOARD OF EDUCATION. INJURY-LOSS OF SERVICE, by whom Recoverable-Misnomer no Ground of Appeal See APPEAL. INNOCENT PERSONS-Loss by Third Party—Which shall sustain ?] Whenever one of two innocent persons must suffer by the acts of a third party, he who has enabled such third party to occasion the loss must sustain it. When a party sells a cargo of corn and allows the purchaser to take the corn, ship it, receive a bill of lading therefor, and draw upon his consignee with bill of lading attached to the draft, such vendor will not be allowed the right of stoppage in transitu to obtain payment, when by so doing the consignee is to suffer for his acceptance and payment of such draft. RAWLS V. DESHLER INSOLVENT COMPANY divides its Capital-Recovery from Stockholders See COMPANY. Where an insurance company INSURANCE-Agency-Estoppel.] 2. ROWLEY v. EMPIRE INS. Co. -Carrier's Insurable Interest-Negligence must cause Damage.] A common carrier has an insurable interest in goods being transported by him to the extent of advances made, freight, and his legal obligations to the owner of the cargo, which is the fair value of the property carried by the contract of indemnity. Although the Plaintiff was guilty of negligence, it will furnish no defence unless such negligence contributed to the loss and damage complained of. Where the damage consisted in the sinking of a boat loaded with 361 266 134 167 106 203 91 124 285 grain and the injury to the grain, the extent of the damage involves SAVAGE v. CORN EXCHANGE FIRE AND INLAND INS. Co. . 3. INSURANCE-Condition-Construction.] When a policy of insur- 4. PINDAR V. KINGS CO. INS. Co. Loss by Fire occasioned by Explosion-Steam-engine.] HAYWARD V. LIVERPOOL FIRE AND LIFE Ins. Co. See REAL ESTATE. 3. CARRIER'S INSURABLE-Negligence must cause PAGE 112 330 180 57 damage See INSURANCE. 2. J 112 JUDGMENT-Foreclosure-Purchaser-Jurisdiction 2. 3. See FORECLOSURE. -of de facto Judge cannot be collaterally impeached.] It READ V. CITY OF BUFFALO - -Power to reform - Pleading· Mistaken Averment ment. Where the opposite party has not been misled by such mis- UNION BANK v. Bush See ASSESSORS. JUDICIAL OFFICERS, Assessors protected like all JURISDICTION-Boundary See NEW YORK, COUNTY OF. 333 79 235 196 278 L LAPSE OF TIME-Mortgage-Title to Real Estate-Presumption repelled See TITLE. 24 LEASE ASSIGNMENT-Pleading-Equitable Relief Trial. See PLEADING. 2. LEGACY, WHAT CONSTITUTES-Dower-Proportional Deduc- Where the testator provides in his will that, in case his estate ORTON V. ORTON. LIABILITY UPON AGREEMENT TO PAY THIRD PARTY- same. SECOR V. LAW LIEN, EQUITABLE-Evidence-Admissions of Agent See MARRIED WOMAN. LOCATION OF BOUNDARY OF REAL ESTATE-Evidence LOSS BY FIRE OCCASIONED BY EXPLOSION-Insurance- Steam-engine PAGE 226 18 328 270 117 180 . See INSURANCE. 4. BY THIRD PARTY-Innocent Persons-Which shall sustain ? 91 OF SERVICE, by whom Recoverable-Injury-Misnomer no Ground of Appeal 203 See APPEAL. M MAKER OR ENDORSER of Accommodation Note, Authority of MARRIED WOMAN-Equitable lien-Evidence-Admissions of Agent.] A married woman employing an attorney in relation to her OWEN V. CAWLEY METROPOLITAN POLICE BOARD, Powers of False Imprison- See FALSE IMPRISONMENT. MISNOMER NO GROUND OF APPEAL-Injury-Loss of Service, 218 270 266 203 See APPEAL. MISTAKEN AVERMENT-Variance-Power to Reform Pleading- See JUDGMENT. 3. MORTGAGE ON TESTATOR'S REAL ESTATE, Executor can See EXECUTOR. MORTGAGE-Satisfaction.] Where a note is given as a part payment RANGER V. GOODRICH TITLE to Real Estate-Lapse of Time-Presumption repelled MURDER, EVIDENCE OF PROVOCATION TO, Admissible when . PAGE 235 171 303 24 1 N NEGLIGENCE MUST CAUSE DAMAGE-Carrier's Insurable In- Railroad Nonsuit-Presumptions for Plaintiff NEGOTIABLE PAPER-Rights of Assignee of bond fide holder.] An NEW YORK, CHARTER OF THE CITY OF-Corporation may See CHARTER. NEW YORK COUNTY, BOUNDARY-Riot Act-Laws 1855.] The 2. ATLANTIC DOCK COMPANY v. CITY OF BROOKLYN OF,-Boundary-Jurisdiction.] The waters ORR v. CITY OF BROOKLYN NO NOTICE TO CONTRACTOR-Article Condemned See CONTRACT. NONSUIT-Presumptions for Plaintiff-Negligence-Railroad.] On a In the management of a railroad and machinery, the railroad The party injured was required to exercise only the ordinary 112 8 66 206 305 278 49 |