and 111 New York State Reporter

fant, are personal property.-In re McKay | § 3. Officers and agents. (Sup.) 845. Where, in an action against the directors of Proceeds of real estate inherited by an in- a corporation for a diversion of its funds, the competent, and sold by his committee, are real only complaint is that they paid a valid obligaestate in the hands of his administratrix.-Intion in an unauthorized manner, no recovery re Reeve (Sur.) 936.

Proceeds of sale in partition among heirs of incompetent's uncle, deposited with county treasurer during tenancy by the curtesy, held personalty when paid to the incompetent's administratrix.-In re Reeve (Sur.) 936.

CONVEYANCES.

Contracts to convey, see "Vendor and Purchaser," § 2.

In fraud of creditors, see "Fraudulent Convey-
ances."

Preference by bankrupt, see "Bankruptcy," § 2.
Conveyances of particular species of property.
Water rights, see "Waters and Water Cours-
es," § 2.

Particular classes of conveyances.

See "Assignments for Benefit of Creditors";
"Chattel Mortgages"; "Deeds";
gages."

CORPORATIONS.

can be had unless damage is shown.-Manhattan Fire Ins. Co. v. Fox (Sup.) 657.

$ 4. Insolvency and receivers.

Where a corporation issued stock for less than par, the liability to creditors of a holder of the capital stock, imposed by Laws 1892, c. 688. § 54, does not give a right of action to an assigneË for the benefit of creditors of the corporation for the difference between the amount paid and the par value of the stock.-Thompson v. Knight (Sup.) 599.

§ 5. Dissolution and forfeiture of franchise.

Proc. §§ 1785, 1786, 1808, on the report of the Under Banking Law, § 18, and Code Civ. superintendent of banking of the insolvency of a savings and loan association, held, that the attorney general might institute proceedings for dissolution without a relator.-People v. Manhattan Real Estate & Loan Co. (Sup.) 837.

"Mort-§ 6. Foreign corporations.

Under Stock Corp. Law, § 53, as amended in 1897, stockholder of foreign stock corporation may inspect books kept in its office in the state by its transfer agent.-People v. Knickerbocker

Admissions by corporate officers, see "Evi- Trust Co. (Sup.) 1000. dence," § 5.

Mandamus, see "Mandamus," § 1.

Stockholder of foreign stock corporation held entitled to inspect papers officially in posses

Taxation of corporations and corporate proper- sion of the assistant secretary and treasurer ty, see "Taxation," § 2.

Particular classes of corporations.

See "Beneficial Associations"; "Building and
Loan Associations"; "Colleges and Univer
sities"; "Municipal Corporations"; "Rail
roads," § 1.

Banks, see "Banks and Banking," § 1.
Insurance companies, see "Insurance," §§ 1, 6.
§ 1. Capital, stock, and dividends.
Under Laws 1892, c. 688, § 42, a stockholder
to whom stock was issued as fully paid for price
less than par is not liable to the corporation
for more than he agreed to pay.-Thompson v.
Knight (Sup.) 599.

§ 2. Members and stockholders.

Assuming that the effect of Laws 1901, c. 354, was to repeal Laws 1892, c. 688, § 54, a right of action which had accrued to a creditor of a corporation against a stockholder who held unpaid stock was preserved by Laws 1892, c. 677, 31.-Lancaster v. Knight (Sup.) 488.

The right of action given to a creditor of a corporation against a stockholder who had not fully paid for his stock, by Laws 1892, c. 688, $ 54, was expressly preserved for six months by Laws 1901. c. 354, which amended such section.-Lancaster v. Knight (Sup.) 488.

Rights of minority stockholder, where interests of corporation are sacrificed, determined.-Jacobus v. American Mineral Water Mach. Co. (Sup.) 898.

of the corporation in its New York office.-People v. Knickerbocker Trust Co. (Sup.) 1000.

A foreign corporation held to have an office for the transaction of business in the state, for the purpose of service of process.-People v. Knickerbocker Trust Co. (Sup.) 1000.

CORRECTION.

Of assessment of taxes, see “Taxation,” § 2.
Of judgment, see "Judgment," § 3.

CORROBORATION.

Of accomplice, see "Criminal Law," § 3.

COSTS.

In actions by or against executors or adminis
trators, see "Executors and Administrators,"
§ 7.

In bankruptcy, see “Bankruptcy,” § 4.
§ 1. Security for payment.

The filing of an answer in an action by a trustee in bankruptcy, before the making of an ap plication for security for costs as authorized by Code Civ. Proc. § 3271, is a waiver of the right to security, unless defendant shows facts excusing such default.-Kelley v. Kremer (Sup.) 514.

The right of a defendant to security for costs. under Code Civ. Proc. § 3271, may be consider

ed on motion to vacate an unauthorized ex parte | § 2. Courts of probate jurisdiction. order for security.-Kelley v. Kremer (Sup.) 514. A surrogate has no jurisdiction to settle conCode Civ. Proc. § 3271, authorizing the court troversy arising out of acts of administrators in its discretion to require a trustee of an ex- concerning property wrongfully in their hands. press trust to give security for costs on bring-In re Kane's Estate (Sur.) 874. ing suit, does not authorize the court to require such security on ex parte application by defendant.-Kelley v. Kremer (Sup.) 514.

The surrogate has no jurisdiction to determine the validity of an assignment of a mortgage by an executor when attacked for fraud.-In re Ammarell (Sur.) 932.

Defendant in action by trustee in bankruptcy held not to have shown a good excuse for failing A surrogate held to have jurisdiction to comto apply for security for costs before answering, pel executor to account for mortgages assigned and therefore to have waived security.-Kelley to him by testatrix.-In re Ammarell (Sur.) v. Kremer (Sup.) 514. 932.

COVENANTS.

Affidavit on application for leave to sue as a poor person held not to justify the granting of the application. - Rutkowsky v. Cohen (Sup.) In insurance policies, see "Insurance," § 4. 516.

Under Code Civ. Proc. § 460, an order granting permission to sue as a poor person, not stat

COVERTURE.

ing that applicant's attorneys will prosecute the See "Husband and Wife."
action without compensation, is fatally defect-
ive.-Rutkowsky v. Cohen (Sup.) 546.

CREDITORS.

See "Assignments for Benefit of Creditors"; "Bankruptcy"; "Fraudulent Conveyances.' Right of creditor to appointment as administrator, see "Executors and Administrators," $ 1.

Rights as to chattel mortgage by debtor, see "Chattel Mortgages," § 2.

CRIMINAL LAW.

Bail, see "Bail," § 1.

Grand jury, see "Grand Jury."

Courty attorneys, see "District and Prosecut Juvenile delinquents, see "Infants," § 1. ing Attorneys."

§ 1. Fiscal management, public debt, securities, and taxation.

Where, under Laws 1869, c. 907, a tax has been collected to pay a judgment against a county in favor of a town, the misappropriation of the money by the county treasurer to other obligations of the county does not entitle the town to a mandamus to compel the levy of another tax.-People v. Board of Sup'rs of Delaware County (Sup.) 676.

COURTS.

Contempt of court, see "Contempt."
Estoppel by invoking jurisdiction of court, see
"Estoppel," § 2.

Justices courts, see "Justices of the Peace."
Province of court and jury, see "Trial," § 4.
Review of decisions, see 'Appeal."

99

Prosecuting officers, see "District and Prose-
Restraining criminal acts by injunction, see
cuting Attorneys.'
"Injunction," § 2.

Particular offenses.

See "Assault and Battery," § 2; "Contempt"; "Disorderly Conduct"; "Gaming," § 1; "Intoxicating Liquors," § 3; "Larceny"; "Prostitution"; "Receiving Stolen Goods"; "Sodomy."

1. Jurisdiction.

Consol. Act, $ 1458, Pen. Code, § 6, Laws 1895, c. 601, § 14, Laws 1899, c. 632, and Charter, 707, considered, and held, that a city magistrate has no jurisdiction to commit

a

woman violating section 1458, relating to solicitation by prostitutes, to the reformatory for women.-People v. Keeper of State Reformatory for Women (Sup.) 145.

Former New York City Charter, §§ 1458,

Jurisdiction of and proceedings relating to par 1461, and Greater New York Charter, 88 1409,

ticular subjects. See "Criminal Law," § 1.

1. Establishment, organization, and procedure in general. Judgment in an action to determine the priority of liens on money due under a contract with city held conclusive on the contractor and lienors in a subsequent trial.-Fortunato v. City of New York (Sup.) 575.

1610, held to give a magistrate no authority to try and commit a person for "disorderly con

duct."-People v. New York State Reformatory for Women (Sup.) 151.

Code Cr. Proc. § 887, and Laws 1896, c. 546, amended by Laws 1899, c. 632, classifying among vagrants "common prostitutes" with no means of support, and permitting women between the ages of 15 and 30 years to be com

151.

CUSTOMS AND USAGES.

and 111 New York State Reporter mitted to the state reformatory for women on conviction of being "common prostitutes," held to confer no authority for such commitment on In action by contractor to recover sums exconviction as a "public prostitute."-People v.pended for labor on defendant's country house, New York State Reformatory for Women (Sup.) the laborers having been taken from the city, defendant held not bound by custom that, when Laws 1899, c. 632, does not give the New men are employed out of city, their board is York city magistrates, who have no jurisdic-paid.-Hilbrand v. Dininny (Sup.) 317. tion over misdemeanors, the power to try and sentence a woman to the reformatory for a violation of Old New York Charter, § 1458, relating to prostitutes, etc.-People v. State Reformatory for Women (Sup.) 153.

City magistrate in the city of New York held to have no jurisdiction of misdemeanors.— People v. Patterson (Gen. Sess.) 155.

§ 2. Preliminary complaint, affidavit, warrant, examination, commitment, and summary trial.

DAMAGES.

Compensation for property taken for publie use, see "Eminent Domain," § 2.

Damages for particular injuries.

See "Death," § 2.

Breach by buyer of contract for sale of goods, see "Sales," 8 5.

Breach by vendee of contract for sale of land, see "Vendor and Purchaser," §§ 4, 5. Wrongful discharge from employment, see "Master and Servant." § 1.

A warrant charging solicitation by a prostitute held to charge an offense under Consol. Act. § 1458.-People v. Keeper of State Re-Wrongful execution, see "Execution," § 3. formatory for Women (Sup.) 145.

Judgment of conviction before magistrate reversed where evidence was not preserved.People v. Nash (Gen. Sess.) 944.

§ 1. Liquidated damages and penalties. A contract by a seller of merchandise to pay the purchaser the net profits of a resale by him lost by reason of the seller's failure to deliver was binding, as being for liquidated damages.-Hartwig v. American Malting Co. (Sup.)

533.

Deposit by defendant under terms of lease held a penalty, and not liquidated damages.— Schreiber v. Cohen (Sup.) 1081.

§ 2. Inadequate and excessive damages. A verdict for $7,000 for personal injuries held excessive, and reduced to $3,000.-Kilmer v. Reckitt & Sons (Sup.) 395.

A requested instruction, in a criminal case, that defendant cannot be convicted unless the testimony of an accomplice is believed, held misleading under the facts.-People v. Weissen-§ berger (Sup.) 71.

The refusal to instruct, in a criminal case, that defendant cannot be convicted unless the testimony of an accomplice examined as a witness is believed, held not erroneous.-People v. Weissenberger (Sup.) 71.

3. Pleading, evidence, and assessment. In an action for personal injuries, testimony of physician as to probable effect of present condition of wounds held admissible.-Wilson v. American Bridge Co. (Sup.) 820.

DAMS.

Remarks by the court during examination of a witness held not ground for reversal.-People See "Waters and Water Courses," § 3. v. Ametta (Sup.) 177.

DEATH.

Of partner, see "Partnership," § 4.

§ 1. Evidence of death and of survivorship.

Small boy sent West in 1868, and not heard from since, presumed to be dead.-In re Barr's Estate (Sur.) 935.

§ 2. Actions for causing death.

In assessing damages for death of fire de partment employé, the jury should not take into consideration the pension his widow is receiving from the city.-Geary v. Metropolitan St. Ry. Co. (Sup.) 54.

In an action for the death of fire departmez. employé, evidence showing different grades of advancement above position held by deceased held admissible.-Geary v. Metropolitan St. Ry. Co. (Sup.) 54.

|

Facts held to destroy any presumption of the In an action for death, mortuary tables are delivery of a deed from the recording thereof. admissible as evidence of the life expectancy-Mannix v. Riordan (Sup.) 357. of deceased. Sternfels v. Metropolitan St. Ry. Co. (Sup.) 309.

On the issue as to damages in an action for wrongful death, certain evidence held improp- See "Officers," § 1. erly excluded.-McIlwaine v. Metropolitan St. Ry. Co. (Sup.) 426.

and 111 New York State Reporter

of a party.-Murphy v. Sullivan (Co. Ct.) 950. Of action, see "Dismissal and Nonsuit,” § 1.