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People ex rel. The 23d St. RR. Co. v. Com'rs of Taxes. 91 N. Y., 593.
People ex rel. The Westchester Fire Ins. Co. v. Daven-

Title of Case,

Reported in Fuli.

W. Dig.

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.XVI., 515

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Snyder v. Snyder et al.

.30 Hun, 186.

XVII., 395

Southern Ex. Co. v. The Nashville, C. & St. L. RR. Co. 2 Flipp 672.

.X., 210

Spiess v. Rosswogg et al.

16 J. & S., 135.

Sprague et al. v. Richards et al.

.30 Hun, 246.

Sprague v. Swift...

3 Civ. Pro., 34.

Springstein v. Gillett.

Stamm v. Bostwick.

.30 Hun, 260.. .30 Hun, 70..

XIV., 199 XVII., 564

XV., 445 XVII., 403 XVII., 462

Starke et al. v. The Schooner "

Napoleon".

Starkweather v. Starkweather..

Steele et al. v. Lord..

7 Biss., 393. 29 Hun, 488. .28 Hun, 27.

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Steen v. The Niagara Fire Ins. Co..

.89 N. Y., 315.

XV., 41

Stephenson et al. v. Short et al.

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Stephenson et al. v. Short et al

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Stewart v. The Brooklyn & C. T. RR. Co...

..90 N. Y., 588.

.XVI., 126

Stoddard et al. v. Gailor et al..

.90 N. Y., 575.

.XVI., 40

Stone v. Woodruff et al...

28 Hun, 534

.XVI., 476

Storrs et al. v. Plumb.

.30 Hun, 319.

XVII., 529

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Trustees of Canandargua Academy v. McKechnie et al.90 N. Y., 618.

Tunstall v. Winton.

XV., 124 .XVII., 32

.XIV., 65 .XIV., 220 XV., 344 XVI., 383 .XVII., 573

XV., 267

.29 Hun, 243.

.XVI, 237

.16 J. & S., 11.

XIV., 70

.30 Hun, 332.

XVII., 524

XV., 214

XV., 378

XVI., 156

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Turner v. Kouwenhoven.

Tuthill v. Wilson....

.29 Hun, 232..

XVI., 523

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INDEX.

ACCOUNTING.

1. Plaintiff entrusted B. with certain moneys to be used in making a joint purchase of the interest of one W. in certain property, the value of which was not known, but B. was to pay for plaintiff's half whatever he paid for his own, not exceeding the amount entrusted to him. B. did not account, and plaintiff could not ascertain without investigation and inquiry whether B. so applied the whole amount or what the securities bought were. Held, That the facts justified a resort to equity and a decree for an accounting.-Marvin v. Brooks, 199.

See EXECUTORS, &c., 12, 13; PARTNERSHIP, 6.

ACTION.

See AGENCY; ATTORNEYS, 5; COMMON CARRIERS, 4; CONSTABLES, 2; COUNTY; CONTRACT, 19, 23; FRAUD, 7; INFANTS, 1, 2; INJUNCTION, 4, 6; JUDGMENT, 2; ODD FELLOWS, 2; PRACTICE, 8; REDEMPTION, 1; SERVICES, 2; SHERIFFS, 6, 7; SUBROGATION, 3; TAXATION, 2; TRESPASS, 2; WILLS, 11, 14.

ADMINISTRATORS.

See EXECUTORS, &c.; SURROGATE, 1, 4, 10.

ADVERSE POSSESSION.

1. Proof that the owner of lands adjoining a highway continually cultivated and mowed a portion of such highway, and used it for piling lumber, is insufficient to establish a title in him to that portion of the highway by adverse possession.-Bliss v. Johnson et al., 246.

2. The permanent occupation of a highway by inclosure or cultivation is manifestly inconsistent with the right of passage by the traveling public, and no matter how long continued can never ripen into a title as against the public, whatever may be its effect as to the owner of the soil of such highway.-Id.

3. In computing the period during which possession of lands adverse to the owner and

4.

his heirs has continued, the term of a valid assessment lease of the premises, creating an outstanding term, must be deducted. The statute of limitations does not run against the owners during the term of such a lease, for the reason that they are not entitled to possession.-Not v, Carroll, 405.

The possession of a tenant is the possession of the landlord not only during the term but presumably for twenty years thereafter, notwithstanding any claim by the tenant or his successor of a hostile title. To initiate an adverse holding the tenant must surrender possession to the landlord or do something equivalent thereto and bring home to him knowledge of the adverse claim.- Whiting v. Edmunds et al., 417. See EASEMENT, 2.

AFFIDAVIT.

See ASSIGNMENT FOR CREDITORS, 11; ATTACHMENT, 5, 7, 8; DEPOSITIONS, 3; SERVICE, 2, 5, 6; SUBMISSION; VENUE, 1, 4.

AGENCY.

1. An agent who obtains goods upon credit for his principal by means of false representations, knowingly made, as to the financial condition of his principal, is himself liable in an action for fraud. Such action may be brought before the debt of the principal matures.-Phillips et al. v. Wortendyke, 876.

See DISCOVERY, 2; FIRE INSURANCE, 6, 7; LEASE, 4; SURETYSHIP, 1-3; SURROGATE, 2.

AGREEMENT.

See ATTORNEYS, 2; BANKRUPTCY; CON

TRACT.

ALIMONY.

See DIVORCE, 1, 4-10.

AMENDMENT.

See APPEAL, 6; ATTACHMENT, 9; COUNTY COURT; NEGLIGENCE, 16; PLEADING, 14, 18; REFERENCE, 2.

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