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legal services necessary to secure his client
Fowler v. Callan et al., 534.
maintenance does not exist in this State,
except as preserved by the Statutes. -Id.
with one A., who held a chattel mortgage
1. An agreement tending to avert investiga-
tion into the validity of a chattel mortgage,
Story v. The Cuba State Bk., 269.
1. The Utica Bank and the Rochester Bank
sent to each other for collection such com-
the debtor bank which would enable it to
2. The cashier of a bank in Missouri, to en-
able the bank to tide over a crisis, agreed
came due.-Coates v. Donnell et al., 243.
solvent corporations applies to domestic and
not to foreign corporations.—Id.
statute of limitations begins to run against
Nat'l Bank, 372.
a bank took part in negotiations out of
Osterhout et al., 538.
and bonds of a foreign railroad corporation
et al., 567.
1. Prior to the passage of $ 1278 of the Code
a judgment by confession against one joint
others.--Candee v. Smith, 1.
3, 4; SURETYSHIP, 1-7.
which judgment is entered concludes the
consent bounties paid the son are his own.
1. Where a bridge is built on the line divid.
ing two towns, being situated partly in
1. A stop order directing the brokers to sell
bonds at 1004 and 1007, ex. July coupons,
1001. -Porter v. Wormser et al., 346.
as to the manner of sale a private sale made
by the broker to his principal, which con-
bound to close it after the death of the
&c., of New York, 62.
one is to be determined as a legal question
given in evidence.--Agan v. Hey et al., 115.
as he legally has, provided they are consis-
5. An action to recover damages for fraud on
the sale and guaranty of a bond and mort-
full satisfaction is obtained.-Id.
to judgments of courts, but to all judicial
nation. -- Leavitt v. Wolcott, 500.
strue a will had been held to be wholly
See CREDITOR'S BILL, 4; EstOPPEL ; LIMI-
See CONTRACT, 21-23.
1. Plaintiff's testator was a member of the
defendant organization, which agreed to
1, I. 0. Bnai Berith, 421.
See Usury, 1.
See HighwAYS, 7; TAXATION, 9.
that the mortgage being valid in Connecti-
his rights given him by the mortgage.--Id.
ular transactions are not controlled by gen.
that effect is clearly manifested.-Id.
CODE CIVIL PROCEDURE.
9; ATTORNEYS, 3-5; BAR, 1; CORPORA-
CODE CRIMINAL PROCEDURE.
See CRIMINAL LAW, 1; INDICTMENT.
CLOUD ON TITLE.
See APPEAL, 7; ATTACHMENT, 1, 2; PRAC-
goods alleged to have been abstracted from
The B. & 0, RR. Co., 165.
gence is upon plaintiff in the first instance,
is a question of fact.-ld.
damages for a breach of a contract of
freight.-Russell et al. v. Allerton, 275.
by the charter party to approve of the ven-
1. Fomral notice of sale under a chattel
mortgage may be waived by the mortgagor
mortgagor's request.-French v. Pourers, 86.
personal property determines the validity
Nichols v. Mase, 277.
faulted the payment of its obligations, and
goods carried under a bill of lading to the
bill of lading previous to such delivery; but 6. Chap. 40, Laws of 1878, and the acis
Council to act in opening Flushing avenue.
--In re application of Woolsey et al., 546.
to whom the bill of lading was transferred 7. Section 18, Art. 3 of the Constitution does
See CRIMINAL LAW,14 ; EMINENT DOMAIN, 1 ;
FISHERY, 1 ; JUSTICES OF THE PEACE, 1, 2;
LOTTERY, 2 ; PERJURY, 2; REMOVAL ?;
Schools, 2 ; SHERIFFS, 5; WAIVER ;
CONSTRUCTION OF STATUTES.
Revised Statutes, but which does not con- See CORPORATIONS, 13; INJUNCTION, 9, 10;
1. In every forum a contract is governed by
the law with a view to which it is made, be-
cause, by the consent of the parties, that
law becomes a part of their agreement, and
it is to be presumed, in the absence of any
express declaration or controlling circum-
stances to the contrary, that the parties had
in contemplation a law according to which
their contract would be upheld, rather than
one by which it would be defeated.-Shil.
lilo et al. v. Reineking et al., 13.
2. A court may look into the surroundings and
consider all the facts and circumstances
bearing upon the making of the contracı,
for the purpose of ascertaining the intended
er the principle above stated is applicable.-
ously expressed a willingness to apply her
separate property to the payment of her
husband's debt, executes her promissory
nole therefor, expressly binding such sepa-
rate estate, in a state where such note is not
valid and where the payees reside, and spe-
4. Where by law the approval of a bill by
hibiting the manufacture of cigars, &c. in precedent to the right of a creditor for pay-
5. The refusal of such approval upon the
ground that an injunction is outstanding
for the sale of lands agrees to convey cer-
and is connected with an illegal or an im-
The Mayor, &c., of N. Y., 39.
to purchase a house which, at the time of
12. As to measure of damages under cer-
tain circumstances, quære. - Id.
tiff alongside vessel 500 bbls. alcohol per
14. B., who was engaged in the business of
refining oil, entered into an agreement with
15. In construing a provision of a contract
the whole contract must be considered and
9. In an action for extra work done under a
building contract plaintiff testified that the
properly received. - Robbins v. Carl. 60.
to call on another day. He called again
16. A variance between the complaint and
the proof, consisting in an allegation in the
the rights of the parties under it are clearly
- Colgate et al. v. The Pennsylvania Co.,
11. Where a mortgage was held as collateral
security by a bank, under an agreement