Volume 1 — Selden Notes

<p>Banks being prohibited, by statute, from giving notes on time, or on in terest; held, that where promissory notes were issued by a bank, payable at various times, from two to thirteen months from date, with interest, for the purpose of purchasing stocks to raise money to redeem the circulating notes of the bank, such notes were void.</p> <p>Held, also', that the payment of such notes, by an indorser, gave him no claim against the bank, either on the notes, or for money paid. And this, whether he was, or was not, liable as indorser, to the holder.</p>

<p>Where a mortgage is given to secure the payment of the purchase-money it is valid, whether the deed of the premises has ever been delivered, so as to vest the title in the mortgagor, or not.</p> <p>A party in possession- of land under a contract of sale and purchase has such an interest in the premises as entitles a mortgagee to maintain an action to foreclose that interest.</p> <p>Where a corporation has the power, under its charter, to receive the title to lands for certain purposes, the court, in the absence of proof to the contrary, will presume that a conveyance made to it was made in accordance with, and not in violation of, its corporate powers.</p>

<p>The statute of 1843 (chap. 377), reducing the time of advertising, to foreclose a mortgage, from 34 to 13 weeks, applies to all mortgages ; whether executed prior or subsequent to its passage.</p> <p>That act is not void as impairing the obligation of the contract.</p> <p>A mortgage authorized a sale, in case of default, “in the manner prescribed by law.” Meld that this was prospective, and related to the law which might be in force when the power came to be executed:</p>

<p> Assets ; grass and fruits ; widow's right to personal property. </p>

<p> Attachment against ships or vessels. </p>

<p> BanTc ; liability for neglecting to present and demand payment of d/raft. </p>

<p> Action for breach of covenant; defences under plea of non est factum,. </p>

<p> Notice of protest; stockholder as a witness. </p>

<p> Judgment on cognovit; execution. </p>

<p> Comptroller; his authority to assign bond and mortgage held as security for circulating notes. </p>

<p> Decree must be founded on statements in bill; jurisdiction of Supreme Court as to land in another state. </p>

<p> Receiver, selling property, cannot be purchaser for his own use. Equitable estoppel. </p>

<p> Conclusiveness of sheriff’’s return on execution; liability of sheriff for acts of deputy. </p>

<p> Landlord and tenant. Under-tenants may pay their rent to lessor, to protect their own possession. </p>

<p> Insurance; hazardous use of premises, contrary to conditions, or without permission. </p>

<p> Measure of damages for neglect of sheriff to return execution. </p>

<p> Municipal corporation; liability for negligence of contractor. . </p>

<p> Assessment for taxes; collector, how far protected by Ms warrant. </p>

<p> Assessment roll and tax warrant, when no protection to collector. </p>

<p> Partnership; brokers; guaranty. </p>

<p> Decree of dismissal informer suit; finding of referee, when conclusive; adverse possession; tenants in common. </p>

<p> Complaint; joinder of cateses of action. </p>

<p>Complaint; import of word “due.”</p>

<p>Attachment/ foreign insolvent laws.</p>

<p> Parol agreement; memorandum ofbrolcer. </p>

<p> Bailment; goods to be manufactured and returned. </p>

<p> Parties as witnesses ; account of sales. </p>

<p> Assignment for benefit of creditors. </p>

<p> Bill to cancel mortgage ; notice of Us pendens ; title of purchaser. </p>

<p> Foreign consul; exemption from liability to suits. </p>

<p> Libel; pleading. </p>

<p>Principal and agent; negligence.</p>

<p> Lien for salvage. </p>

<p>Carriers of passengers / liability for loss of baggage.</p>

<p> Assessments for street improvements in New TorJc. </p>

<p> Assignments for benefit of creditors; bankrupt act. </p>

<p> Bond and mortgage; application of, by agent, to pay Ms own debt; ratification. </p>

<p> Witness; competency. </p>

<p>Absence of exceptions or objections.</p>

<p> Costs; extra allowance. </p>

<p> Resulting trust; attachment; recitals in deed. </p>

<p> Rights of widow in husband’s estate; ante-nuptial agreement. </p>

<p> Lease; assignability; rights of assignees. </p>

<p> Assessment for land talcen for a street. </p>

<p> Co-defendants as witnesses. </p>

<p> Sheriff ; payment of money into court. </p>

<p> Common carriers ; liability for loss by fire. </p>

<p> Statute of limitations. </p>

<p> Office and officer; elections; MU of exceptions. </p>

<p> Practice; case without exceptions. </p>

<p>A wife, during the life of her husband, has no estate or interest in his lands.</p> <p>Her inchoate right of dower can he cut off by the act of the government, in the exercise of its power of eminent domain.</p> <p>Such act does not impair the obligation of contracts; dower not resulting from the contract of marriage, but from a positive institution of the state founded on reasons of public policy-.</p> <p>Hence a widow is entitled to dower, according to our law, though the marriage took place abroad, where a different rule prevails.</p>

<p> Sale of land under decree; deed to purchaser; title. </p>

<p>Interest as damages, beyond penalty.</p>

<p> Affidavit for attachment. </p>

<p> Lease ; damages for refusing to give possession. </p>

<p> Bill to annul fraudulent decrees; trust deed. </p>

<p> Insurance; loss of goods chargeable with duties ; value. </p>

<p> Acquiring lands, by corporation; arbitration as to compensation. </p>

<p> Collision ; negligence. </p>

<p> Mortgage; premises applicable to payment of; rights of subsequent grantees ; notice; release. </p>

<p> Evidence; books of account. </p>

<p>Payment or tender of price, by purchaser; readiness to pay; evidence, admissions ; letters.</p>

<p> Waiver of default in payment; note of third person as a satisfaction of debt. </p>

<p>An instrument drawn upon a bank, requesting the payment of money on a day subsequent to its date, is not a check, but á bill of exchange, and is subject to days of grace.</p> <p>Evidence of the usage of banks in another state, where such bill is payable, is not admissible to show that by the law of that state the instrument would receive a different construction from that prevailing here.</p>

<p> Nuncupative will, made “ by a mariner while at sea.” </p>

<p> Secret purchase by partner, on his own account. </p>

<p> Ancient deed; proof of execution. </p>

<p> Guaranty; consideration. </p>

<p> Taxation of mutual insurance companies. </p>

<p> .Liability of a municipal corporation for negligence of contractor or Ms servants. </p>

<p> Interest; injunction. </p>

<p>Mandamus; validity of Militia Act of 1851.</p>

<p> Local legislation by supervisors; constitutionality; dredging for oysters. </p>

<p> Bankrupt act; pleading discharge ; carriers. </p>

<p> Landlord and Tenant; covenant running with the land. </p>

<p> Surrender of lease; rent due. </p>

<p>Actions between partners; damages; evidence.</p>

<p> Landlord and tenant; rent after loss by fire. </p>

<p> Equitable mortgage; parties in equity. </p>

<p> Constitutional law. </p>

<p> Life insurance; suicide. </p>

<p> Mortgages given for bank stock; discharge of subscribers for stock. </p>

<p> Action to recover money paid under a mistake of facts. </p>

<p> Legacy of stock; whether specific or general. </p>

<p> Insurable interest; parol evidence to explain deed; amendment. </p>

<p> Habitual drunkard; inquisition. </p>

<p> Parol evidence to explain receipt. </p>

<p> Use of partnership name as surety. </p>

<p> Mechanics' Lien Law for City of New York. </p>

<p> Freight contract; damages. </p>

<p> Foreclosure; jurisdiction. </p>

<p> Statute of limitations ; revivor of debt. </p>

<p> Gift of stock/ competency of do,nor. </p>

<p> Covenant for rent; place of payment. </p>

<p> Contract for towing ; gross negligence. </p>

<p> Foreclosure; notice of object of suit. </p>

<p> Merger of demand by judgment. </p>

<p> Goods sold destroyed by fire before delivery. </p>

<p> Taxable capital; constitutional law ; title of MU. </p>

<p> Bill of exchange; pleading. </p>

<p> Stock note; cancelling by premiums. </p>

<p>Charter-party, as to freight; bond on attachment.</p>

<p>An authority given by a father to his son, to accept in his name, a draft to be drawn upon him for $2,000, as the son’s share of the capital of a proposed partnership with S., does not authorize the son to accept a draft for a smaller amount, to be used in paying a previous debt of S.</p> <p>A subsequent ratification of such an acceptance will not bind the drawee, unless made with knowledge of the purpose for which the draft was given,</p>

<p> Insurance; construction of policy; authority of agent. </p>

<p> Common carriers ; evidence; depositions. </p>

<p> Action to recover freight; evidence; set-off. </p>

<p>Chose in action ; declarations of assignor / evidence.</p>

<p> Bale of goods ; conditions precedent. </p>

<p> Assignment to pay usurious debt; judgment by confession. </p>

<p>Municipal corporations / power to hold lands / deed.</p>

<p> Execution; sale of interest under contract to purchase; deed. </p>

<p> Conditional promise to pay debt barrea. </p>

<p> Proposals for regulating street. </p>

<p> Criminal law; separate trials; order of trials; witnesses. </p>

<p> Trover; special property in goods; fraud; evidence of character. </p>

<p> Foreclosure suit; evidence on reference to compute. </p>

<p> Removal of tenant; jurisdiction not given by contract. </p>

<p> Estoppel by pleadings in former suit. </p>

<p> Bight draft; demand of payment; promise to pay, in ignorance of laches. </p>

<p> Ejectment; tenant cannot controvert lessor’s title; defence. </p>

<p> Husband and wife; wife’s separate estate; chattel mortgage. </p>

<p> Lease; forfeiture of term. </p>

<p> Practice; discontinuance. </p>

<p> Jurisdiction of Supreme Court; vacating satisfaction of decree. </p>

<p> General railroad act; constitutionality; waiver of objections. </p>

<p> Foreign banks; circulation of small bills here illegal. </p>

<p> Married women; substitution of plaintiffs; witness. </p>

<p> Will; construction and validity. </p>

<p> Assignment for benefit of creditors ; right of bank to apply money deposited by assignor. </p>

<p> Opinions of witnesses as to. nbental capacity. </p>

<p> Statute of limitations. </p>

<p> Practice; witness. </p>

<p> Trustee; pouter of appointment and removal of; bond of and action upon it. </p>

<p> Landlord and tenant. </p>

<p> Husband and wife ; purchases by wife as agent. </p>

<p> Title of City of New Torlc to land under water along East and North rivers ; grant of sueh lands ; rights of grantees. </p>

<p> Equity jurisdiction; usury; witness. </p>

<p> Commission merchants; conversion Toy; partnership. </p>

<p> Deed under statute of uses. </p>

<p>Opinions of witnesses, as to value; fraudulent representations ; adverse possession.</p>

<p> Law of charitable uses; religious societies; gifts to religious or charitable uses. </p>

<p> Conveyance to religious society. </p>

<p> drifts to religious and charitable uses. </p>

<p> Notice of protest; lex loci. </p>

<p> Contempt; violation of injunction by members of common council; jurisdiction of Superior Court of New York. </p>

<p>Sheriff’s deed¡ when mid for uncertainty of “ description.</p>

<p> Execution against the person; validity; recitals in. </p>

<p> Tax assessed under unconstitutional statute. </p>

<p> Receiver in supplementary proceedings; assignment for benefit of creditors. </p>

<p>Chattel mortgage void as to creditors; possession retained, and sale on credit prohibited.</p>

<p> Ejectment; right to use a wharf; lease; estoppel. </p>

<p> Usury; rights of surety protected. </p>

<p> Ejectment; manorial titles; colonial patents. </p>

<p>Letters patent, action to repeal; statutes of limitations of 1788 and 1801; costs and extra allowance.</p>

<p> Corporation of New York; duty to keep streets in repair; liability for injuries caused by negligence. </p>

<p> Conversion; joinder of claims for. </p>

<p> Action to settle copartnership accounts; parties; decree. </p>

<p> Construction of will and codicils. </p>

<p>Report of referee, when conclusive; evidence; opinions of witnesses.</p>

<p> Mechanics’ Lien Law ; parol promise. </p>

<p> Plank road companies; statutes respecting; rights of land owners. </p>

<p> Bills of exchange; partners. </p>

<p> Legacy to charitable corporation; sufficiency of description of legatee. </p>

<p> Banks ; right to retain amount of forged, checks. </p>

<p> Statute of limitations; pleading; successive absences from state. </p>

<p> Newspaper carrier; sale of his route; rights of purchaser. </p>

<p> Liability of municipal corporation for obstructions in streets; negligence. </p>

<p> Check, when payment of a note; promissory note, when without consideration. </p>

<p> Exchange of promissory notes. </p>

<p> Replevin; form of judgment in. </p>

<p> Commission merchants; advances; fund for reimbursement. </p>

<p>Notice to agent, when notice to principal; duty of creditor having two securities for his debt.</p>

<p>Mortgage; right of Comptroller to foreclose; deed and bond, when to be construed together; condition precedent; personal liability of purchaser to pay prior mortgage.</p>

<p> Validity of mortgage; merger by deed from mortgagor ; interest. </p>

<p>Reservation, in grant of a water privilege; adverse enjoyment; eguity jurisdiction.</p>

<p>Assignment of judgment; presumption as to sufficiency of consideration; transfers T>y hank.</p>

<p> Excise laws; expiration of plaintiff’s term of office, before trial. </p>

<p> Dower; devise in lieu of dower. </p>

<p> Stock-jobbing; no action lies upon an illegal transaction. </p>

<p> Liquidated damages ; penalty. </p>

<p> Tender; waiver of. </p>

<p> Municipal corporation; liability for negligence of contractors or their employes. </p>

<p> Criminal Law; evidence. </p>

<p> Common carrier; MU of lading as evidence ; freight. </p>

<p>Contract for sale of lands ; implied warranty of title; “ good and sufficient deed of conveyance.”</p>

<p> Agents and consignees ; lien on property for adnances and acceptances. </p>

<p>Criminal law■/ murder; evidence.</p>

<p> Action for tort; costs to defendants prevailing. </p>

<p> Or editor’s bill; what may be reached by. </p>

<p>Action for divorce; circumstantial evidence. After three verdicts finding adultery, court will not interfere again.</p>

<p> Intermediate consignees; interest in property for advances. Action for conversion ; form of judgment in ; measure of damages. </p>

<p> Sale of chattels; adoption of; deduction for deficiency; partial failure of consideration. </p>

<p> Promissory note; words of description. </p>

<p>Judgment / presumption of payment, from lapse of time.</p>

<p> Fraudulent conveyance; creditors at large. One paying debts taTces the place of creditors. </p>

<p>Railroad companies ; “ cutting-off ” wharf; bridge.</p>

<p> Bill of exchange; acceptance; negligence in not protesting and giving notice. </p>

<p> Action by receiver of insolvent moneyed corporation. </p>

<p> Sheriff; joint liability for trespass or misfeasance of deputy. </p>