cases goes at least to this extent, namely, that the second purchaser is not liable in trover or replevin to the first buyer so long as the latter is in default in the matter of payment. It follows that the plaintiffs cannot maintain their action, for as sub-vendees they have no better right than the original vendee, there being nothing by way of estoppel to better their position. 2 Benj. Sales, § 1039. Arnold v. Carpenter. Opinion by Durfee, C. J. NEW BOOKS AND NEW EDITIONS. THE REVISED STATUTES, CODES AND GENERAL LAWS OF THE STATE OF NEW YORK. Containing the text, carefully compared with the original, of all the general statutory law of the State in force on January 1, 1890, including the Constitution of the State, the Revised Statutes, the Codes of Civil and Criminal Procedure, and the Penal Code, alphabetically arranged by subjects, with references to the decisions, and with historical and explanatory notes, and a complete system of cross references, supplemented with a full analytical index and table of the statutes contained therein. By Clarence F. Birdseye of the New York Bar. Author of "Birdseye's Chronological Table of Statutes of the State of New York." Volume I. New York: L. K. Strouse & Co. 1889. At last we find here what seems to us the ideal edition of the Revised Statutes. The title page suffi ciently indicates the plan and scope. It has long been needed. It appears that 5,900 of the original 8,100 sections have been repealed or superseded, and that 3,800 of those repealed have been incorporated in the Codes, leaving the rest disjointed. The citations under each section will be very convenient, and seem to be exhaustive; those under section 829 of the Code of Civil Procedure, for example, cover two pages, by volume and page alone. The general index is the first proper one ever made, and the table showing what has become of each original section is excellent. The system of cross references is also decidedly valuable. Relying on the well-established accuracy of the learned editor, and knowing that he has been in preparation of this great work for many years, we confidently believe that this will prove an indispensable and trustworthy assistant to every lawyer of our State. The amount of time and labor which it must save is incalculable. The work is to be completed by two volumes in January and February. Typographically it is all that can be desired. Exo NOTES. XCURSIONS into the realm of theology are not very appropriate in a legal brief, and an extravagance of the kind indulged by counsel in Bardin v. Stevenson, 75 N.Y. 164, quoted by the ALBANY LAW JOURNAL, would probably, under our system, be stricken from the record. It is ever thus," says the author (Mr. James Gibson) "that Providence rules in the affairs of men, presenting to a wicked man an apparent open path to a successful crime, upon which he enters and pursues his object, finding at the end, instead of success, a yawning gulf swallowing him, as did that which swallowed Dathan and Abiram." The brief goes on to quote scripture and poetry, and finally dips into fiction, winding up with some good philosophy from Wilkie Collins: "It is impossible to do a secret evil work-it will be revealed - throw it in the sea, the water casts it up-bury it in the earth, and the earth holds it till examined, and then tells the tale." After all this rhetoric our readers will not be surprised to learn that the court was not with Mr. Gibson.-Canada Legal News. THE COURT OF APPEALS DECISIONS. HE following decisions were handed down Friday, December 20, 1889: Judgment reversed, new trial granted, costs to abide event Peter Hartwig, respondent, v. Bay State Shoe and Leather Company, appellants. Judgment reversed, new trial grauted, costs to abide event - Nelson N. Button, respondent, v. Rathbone, Sard & Co., appellants.-Order of the General Term reversed and the judgment entered upon the decision of the Special Term affirmed with costs-Samuel Von Wien, respondent, v. Scottish Union and National Insurance Company, appellant.-Judgment affirmed with costs -James A. Deering, appellant, v. Sarah M. Starr, respondent.-Judgment affirmed with costs-Adele E. Mathieson, as executrix of Harriet Gignoux, and others, respondents, v. Mary E. Stafford, appellant. Judgment affirmed with costs - People, ex rel. Thomas Deveral, respondent, v. Musical Mutual Protective Union, appellant.-Judgment affirmed with costs-Benjamin W. Franklin, respondent, v. Mary C. Brown, appellant.- Judgment affirmed with costsS. Townsend Peckham, appellant, v. Manhattan Life Insurance Company, respondent. Judgment re versed, new trial granted, costs to abide event-Wm. W. Rope and others, respondents, v. Eva Hess and others, appellants. Judgment affirmed with costsJames G. Patton, respondent, v. Daniel A. Bullard and another, appellants. Judgment affirmed with costs-Leonard G. Quinlan and others, respondents, v. Aaron Raymond, appellant. Judgment affirmed with costs-Robert L. Carpenter, appellant, v. Orville O. Jones and others, respondents. Judgment affirmed with costs Catherine Draper, appellant, v. President, etc., of the Delaware and Hudson Canal Company, respondent. SECOND DIVISION. Judgment affirmed with costs-Wm. Cole, as executor, respondent, v. Charles E. Frost, executor, and another, appellants, and the Methodist Episcopal Church, and others, respondents. Judgment affirmed with costs-Aun Looran, respondent, v. Third Avenue Railroad Company, appellant. Judgment of General Term reversed and the plaintiff to have judgment upon the verdict, with costs in all courtsJohn A. McIllargy, as assignee, etc., appellant, v. James Chambers and others, respondents. Judg. meut affirmed with costs-Continental National Bank of New York, respondeut, v. Herman Raehler, appellant.- Judgment affirmed with costs - -Thomas R. Rutherford, as assignee, respondent, v. Julius Schattman, impleaded, etc., appellant.-Judgment affirmed with costs-Robert Rikel, an infant, etc., appellant, v. Robert. V. Ferguson, respondent. Judgment affirmed with costs — Oregon Improvement Company, appellant, v. John B. Roach and another, executors, respondents. Judgment affirmed with costs Arthur J. Blodgett and others, appellants, v. Rufus Scofield and another, respondents.Appeal dismissed with costs-Josephine M. L. Fleet, appellant, v. Charles H. Kalbfleisch and others, respondents.Order affirmed with costs -John G. Avery, respondent, v. New York Central and Hudson River Railroad Company, appellant.- --Appeal dismissed with costsGeorge T. Newhall, respondent, v. William H. Appleton and others, appellants. Order affirmed with costs-Hermann Koehler, respondent, v. Farmers and Drovers' National Bank of Somers, N. Y., and others, appellants.——Order affirmed with costs-In re application of People's Railroad of Syracuse, to appoint commissioners, etc.-Judgment affirmed with costs Freeman Murray, respondent, v. Luke Usher and others, appellants. Both divisions adjourned to January 13. |