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for the body of the City and County of
that "the jurors upon their oaths present'
the defendant of
See NEGOTIABLE PAPER, 9, 10.
1. An action to recover money belonging to
an infant may be properly brought by an
3. When a person claims that he is legally
entitled to a contract to supply coal for the
ing such coal from other sources. - Id.
ference with plaintiffs' possession of real
situ of merchandise in the Custom House
ants, the damages sustained by one of them
New York v. Scott et al., 412.
defect appears upon the face of the com-
meet plaintiff's case on the merits, seeks to
V. The B., N. Y. & P. RR. Co., 431.
an injunction.- Abell et al. v. The N. Y.,
L. & W. RR. Co., 554.
through its officers, agents and servants,
litem. -Segelken v. Meyer, 425.
longing to a deceased person may be main-
has admitted plaintiff's rights.- Id
dren the interest of the child is the chief
the age, sex or health of the child may
served in strict regularity.-Id.
4; HIGHWAYS, 5.
1. The court will not enjoin the Board of
Education of the City of New York from
complete remedy exists by way of damages.
and sailors who have no permanent resi-
those of appellant, and there was no finding
See APPEAL, 28 ; ATTORNEYS, 6, 9; RE-
2. Gen. Hancock applied to defendants for 1. In a case where interest is only allowed as
board for himself and family in November, damages the legal rate must govern.-
fendant unjustly withheld from plaintiff.
Held, That interest was allowable solely as
damages and should be computed at seven
cent, from that time.-Id.
3. Where interest is recoverable as a measure
of damages for breach of contract to pay
over certain moneys, and not by virtue of
the provisions of the contract, the legal rate
must govern, though the contract was made
long prior to the act changing the rate of
interest, which took effect January 1st,
1880. In such case interest on the recovery
since January 1st, 1880, must be at the rate
See CONTRACT, 10; TRUSTEES, 1.
2. When a person makes a claim against the
receiver of an insolvent insurance company
foreign corporation to share in the distri-
were erroneous. - Reese v. Boese, 319.
isfying claims having a preference over
1. Moneys belonging to her husband's estate
were loaned by his widow, his administra-
See APPEAL, 2, 3.
See PLEADING, 2, 3.
See Bar, 1; LIMITATION, 4.
1. It seems, That the purchaser of a judgment
cannot, under any circumstances, get a bet-
Rogers et al., 119.
law cancelled as having been obtained by
favor of a judgment. Error must be made
ference.- Peck v. Nichols, 268.
should be a copy of such docket, and in
purports to repeal existing statutes regulat-
Schiellein et al., 519.
See APPEAL, 14; BAR, 1, 2; ESTOPPEL, 7, 8;
EVIDENCE, 31; MECHANICS' LIENS, 3; NUI-
NUISANCE, 1; POLICE, 4, 7; SURROGATE, 2,
ers neglect 10 canvass on the day appointed
perform such duty.-Id.
found in possession of the office and assum-
14; COUNTY COURT.
LANDLORD AND TENANT.
See ADVERSE POSSESSION, 4; LEASE.
- The People v. Woodward, 166.
borse by defendant to kill him, with a sole
from malicious mischief.-Id.
1. The rejection of a competent juror is nou
ground of error where the jurors who ac-
v. The City of Troy, 156.
1. When it is the custom of a landlord to
grant new leases to tenants in possession
Wunderlich et al. v. Wipfler et al., 34.
of Supervisors, the parties hereto executed
of N. Y., 62.
JUSTICES OF THE PEACE.
stitution, limiting the terın of office of jus-
rence v. Mann et al., 298.
vides for the election of justices of the
estoppel applies to all who claim through or
Co. et al., 197.
the lessee shall abandon the premises at any
et al., 318.
as an entirety, but in separate apartments to
v. Fitzpatrick, 343.
8; NEGLIGENCE. 5-7; REPLEVIN, 3 ; Tax-
See SURROGATE, 3; WILLS, 5, 10.
1. A party injured has a right to recover spe.
cial damages when a claim therefor is prop.
8. Where the proposed landlord and tenant
signed a lease in duplicate, tenancy begin-
- Witthaus v. Starin, 138.
covenant, one signing a contract who there-
pany, the lease running, defendants and
tenant to make certain repairs upon the de-
make such repairs.—Sparks v. Bassett, 191.
for a term of years at an annual rental equal
is sufficient to warrant the jury in giving
ceipts in his business had fallen off since
the purpose of distributing newspapers, etc..
not admissible to increase damages in an
6. A charge in such a case that in arriving at 5. The policies in suit provided that they
the amount of damages the jury might bring should be void if the assured “should die in
drawn a pistol, endeavored to escape. when
he was shot and killed by B., who testified
that the shooting was not done intention.
ally. Held, That it was immaterial whether
the shot was fired intentionally or in self-
defense, or whether the assured had aban.
doned the conflict when he was shot ; that
although B.'s testimony as to intention was
uncontradicted it would have been error for
the court to have directed a verdict ; that
the case was properly submitted to the jury
and that they were justified in finding that
ions of Chap. 198, Laws of 1872, is not re-
the assault. — Murray v. The N. Y. Life Ins.
6. The receiver of an insolvent insurance
company, under authority of the court,
pany to reinsure all claims. A policy holder
who retained his policy paid one or more
premiums to the foreign company and then
ceaseıl to pay. Held, That the policy holder
by such payments did not lose his recourse
avainst the remaining assets of the original
insurer ; that such payments did not amount
The Flour City Nall. Bk. v. Garfield, 131. See PLEADING, 24.
1. Plaintiff presented to the Surrogate a claim
for care and board of her testatrix from
1863 to February, 1879, the time of her
death. It appeared that a payment on ac-
count thereof had been made in November,
1875, and that no payment had been made
prior thereto since 1868. The Surrogate
limited the recovery to such part of the
claim as accrued within six years prior to
testatrix' death. Held, Error ; that the
company alleged in defence that deceased newal of liability, as by a new promise, for
v. Comstock et al., 101.
fraud on the other will authorize a reform- effect the statutes of limitation of a foreign
brought here.-Clark v. The L. S. & M. S.
RR. Co., 173.
on her husband's life for an endowment 3. The scope of $ 414 makes applicable in the
the Code, whether formulated in statutes or