Agreements-continued. ፡፡ to build a school house, 29–241. assignment agreement to build house, carries with it accepted for personal duties or services, not assignable, 29-241. indentures of apprenticeship, 29–241. note for assignment apprentice void, 29-241. as between assignee and assignor of apprentice valid as covenant, effect of apprentice serving under invalid assignment, 29– apprentice continued to live with widow, 29-242. one partner to whom apprenticed died, 29-242. master abandoned business to which apprenticed, 29-242. telegraph company agent of sender, and he bound by telegram may put in evidence one received, 29-347. if by letters they must embody contract, 29–347. not bound to notify, acceptance not in time, 29–347. letter acceptance slightly modified offer, 29-347. if acceptance mailed, contract valid though never received, 29- acceptance by telegram of unrevoked offer valid from moment it when is, from time acceptance deposited in telegraph office for if void by statute of frauds, not liable for fraud as to power to See Architect-Damages-Illegal Agreements-Parol Amendment, officer allowed to amend return, 29-555. but not as against intervening rights, 29-555. resale not allowed without notice to those interested against Animals. See Nuisance. Answer, may deny and justify, 29–313. Apprentices. See Agreements. Arbitration. See Architect. Architect, when certificate unnecessary to entitle to stipulated damages, 29– 210. Arrest. See Warrant. Assent, when happening of contingency operates as, 29-34. See Agreements. Assignment, when collateral covenant against assignment invalid, 29-241. when assignee not chargeable with fraud of assignor in procur- See Agreements. Assumpsit, by surgeon for attending patient in hospital, 29–14. Attorney, has authority to incur expense of commission, 29-542. 66 so to take ordinary steps in conduct of suit, 29-542. Attorneys-continued. when release of, fraud upon client, 29-554. 66 on motion to set off attorney's lien, will be protected, 29–730. if settled in good faith without notice, attorney cannot continue suit under Code New York, attorney's lien protected from settlement, attachment of money in sheriff's hands valid against attorney's lien settlement in good faith valid against attorney in West Virginia, attorney to receive one-fourth of recovery, services not limited to one- Bank, power to retain surplus on reducing stock, 29-281. Bankruptcy, omission of creditor from schedule, or failure to notify, 29— 398-9. creditor omitted on composition, 29–399. remedy of bankrupt, if creditor proceeds on judgment barred, Bigamy, first and second marriage must be proven, 29–664. See Intent. Bona fide, one claiming as, must plead facts showing he is, 29–200. purchasing from one having apparent authority, 29-280-1. purchaser from fraudulent vendee obtains good title, 29-702. so if sufficient to put on inquiry, 29–762. not, if given for existing debt, 29-762. See Amendment-Mistake-Resale. Breach. See Act of God. Brokers. See Illegal Agreements—Principal and Agent. Burial, after one child, or executor cannot exhume remains, 29-628. ແ when may change of wife, 29-628. whether widow or son may control, 29-628. principles on which control of determined, 29-628. exhuming for post-mortem or proper examination, 29–628. right of one purchasing right of burial in plat in cemetery, 29–628. law authorizing removal, on consent of majority of members of church, covenant against use as cemetery not an incumbrance, 29-629. 66 when relatives have right to visit graves on lands of another, 29–629. By-Laws. See Ordinances. C. Carriers, damages from not furnishing such cars as agreed to, 29–111. แ .. property injured during transportation, 29-111. liability as such, ceases after reasonable time for owner to claim liability in such cases, 29-295. consignee's time runs from notice of arrival, 29-296. until carrier accepts for transportation, liability does not commence, though delivery presumed for transportation, 29–296. baggage delivered to carrier by mistake, instead of to another con- delivered baggage to wrong person, 29–296. liable if delivers goods to wrong person, though by mistake, 29–700. liable in trover, 29-700–1. though consignee neglects to call for, 29-701. consigned to A. cannot deliver at store of B., though A. pays rent, A., claiming to be member of firm, bought goods consigned to firm; vendee liable to seller, 29–701. stranger exhibiting expense account, accompanied consignee's dray- two H. H.'s-one a stranger, who ordered goods, got bill thereof, pre- delivered to wrong person by mistake; owner sued such person; car- slight variance as to name of consignee, 29–702. duty and liability carrier of passengers, 29–775. allowing intoxicated person on board, 29-775. breaking paddle wheel raises presumption of negligence, 29–775. police duties of carriers, 29–775. captain steamboat slapped "cook,” 29–775. liability to employe for use of dangerous cars, 29-775. liability for injury inflicted by employe in altercation, 29–775. employe provoked assault, 29-775. duty of railways to preserve order, 29-775. though only liable for such damages from negligence as ordinarily not liable for property stolen by robbery, 29–776. how conductor must expel drunken man, 29–776. See Railways. Cemetery. See Burial. Chattel Mortgages, if agreed one of two shall have preference has, though other first filed, 29-761. so, though one to be first not renewed, 29-761. Chattel Mortgages—continued. evidence to explain want change of possession, 29–761. if withdrawn from files, becomes invalid, 29-761. in New York, on canal boats, if filed in canal department act of 1833 does not apply to canal boats, 29-761. creditor not having judgment cannot attack, 29–762. Cities. See Municipal Corporations. Coaches. See Carrier. Collaterals, liability of creditor holding, for negligence in failing to realize, Commission, proof books foreign corporation in New York by, 29-151. how witness examined as to original paper on, 29-151. Consignee. See Carrier. Consignor. See Carrier. Conspiracy. See Witness. Constitutional Law, statute relative to dissolving a corporation is, 29-60. Contribution. See Principal and Surety. Conversion. See Carrier. Conveyance. See Deed-Mistake. Convicts. See Criminal Law. Corporations, acceptance of charter, creates certain duties which state may enforce, 29-60. impliedly agrees to execute and carry on privileges, 29–60. action to dissolve, when lessee necessary party, 29–60. to whom surety must, give notice to collect from principal, liable for malicious prosecution, 29–623. Corpse. See Burial. See Stockholders—Trusts and Trustees. Cost, when expenses of commission proper, 29-542. when expense of copy stenograper's notes not, 29-542. where plaintiff succeeds on some counts and defendant on some, 29-780. Counter-claim. See Set-off. Counties. See Municipal Corporations. Counts, where each party succeeds on some of counts, 29-780. Criminal Law, cumulative sentences, different counts in same indictment, 29-432-3. after imprisonment on sentence on one count, cannot be re-sen- several sentences run together unless one directed to com- sentence directed to commence at end of another, subsequently more than maximum on one count cannot be imposed in gross; so on several counts in one indictment, 29-434. when to commence on one prisoner already serving, and how not sufficient to say "cumulative on former sentence," 29-434. one under sentence may be tried and convicted of offence com- convict escaped, committed crime and sentenced, to commence if escapes after trial and before sentence, may be sentenced on if tried and sentenced cannot, at subsequent term, be tried for See Accident-Forgery-Indictment-Intent-Perjury— Survivorship. Cumulative Sentences. See Criminal Lawo. Custom, one not bound by, unless aware of it, 29-128. D. Damages, ordinarily only such as naturally flow from breach, 29-109. expense of working engine while trying it, 29-109. on breach of warranty on sale of cabbage seed, 29–109. where one sub-lets contract, 29-109. on breach of contract to sell goods, 29-109. on sale for specific purpose, special damages may be recovered, 29- 109. on ordinary warranty, 29–109. such as might ordinarily have been contemplated from breach, 29- carriage springs made from warranted steel, proved defective, 29– contractor hindered, may recover loss of profits, 29–110. so if work from delay more expensive, 29–110. and does not waive right thereto by proceeding, 29-110. if contractor, to finish within prescribed time, hindered, time allowed profits lost from sale after long delay, in consequence of railway com- should have recovered only extra cost of transportation, 29-110. |