release the other from liability, there being no § 2. Pleading, evidence, and province of RESCISSION. Cancellation of written instrument, see "Cancel- RESERVATIONS. That a widow lived happily with a son held RES GESTÆ. A release discharging a son from liability for RELIGIOUS SOCIETIES. RESIDENCE. See "Domicile." RES JUDICATA. REVENUE. That bequests to a church are in form given See "Internal Revenue"; "Taxation." REVIEW. Repairs and improvements of the parsonage REVIVAL. A cemetery held to be connected with the RULES OF COURT. SALES. REMOVAL. See "Vendor and Purchaser." Of municipal officers, see "Municipal Corpora- Of intoxicating liquors, see "Intoxicating Liq- RENT. See "Landlord and Tenant," § 5. REPEAL. Of statute, see "Statutes," § 3. REPLEVIN. A third person claiming title to property re- Writ held not to sufficiently describe the prop- REPLY. In pleading, see "Pleading," § 3. uors." Of property of deceased under order of court, On foreclosure of mortgage, see "Mortgages," On order or judgment of court, see "Judicial Requirement of statute of frauds, see "Frauds, 1. Requisites and validity of con- The question whether there was a contract to § 2. Construction of contract. A condition in a selling contract, requiring and 88 New York State Reporter. The decision of arbitrators that certain coffee was of the grade specified in the contract of sale held not final in so far as the buyer's right to refuse to accept it on account of its adulteration was concerned.-Crossman v. Lurman (Sup.) 72. Payments to be credited on a sale defined under the contract.-Fulton Grain & Milling Co. v. Anglim (Sup.) 632. Contract held not one of sale, but to constitute plaintiffs the purchasing agents of defendant. -Keswick v. Rafter (Sup.) 850. 3. Rescission. Where a buyer notified the sellers of its rescission, but afterwards, with full knowledge of the fraud, paid the interest on the balance of the price, the rescission was abandoned.Guarantee Savings, Loan & Investment Co. v. Moore (Sup.) 787. § 4. Performance of contract. Retention of goods sold on approval held an acceptance.-Birch v. Kavanaugh Knitting Co. (Sup.) 449. § 5. Operation and effect. Where goods were delivered on trial, held that the seller was entitled to possession as against a third person not shown to be a bona fide purchaser.-Ryan v. Wollowitz (Sup.) 988. § 6. Warranties. SERVANTS. Contract of sale construed, and held not one of warranty, but of approval.-Birch v. Kav- See "Master and Servant." anaugh Knitting Co. (Sup.) 449. There is no implied warranty that a cow apparently healthy, and purchased on the buyer's own judgment, to be slaughtered for food, is SERVICES. fit for that purpose.-Cotton v. Reed (Co. Ct.) See "Work and Labor." 143. Evidence considered, and held insufficient to establish express warranty.-Stackfleth v. Demuth Glass Mfg. Co. (Sup.) 989. Evidence considered, and held insufficient to establish latent defects in goods sold.--Stackfleth v. Demuth Glass Mfg. Co. (Sup.) 989. § 7. Remedies of seller. Where the article was sold conditioned on a test thereof by a particular person, and the buyer consented to a test by another, he was liable for price.-Hubbard v. Chapman (Sup.) 527. Under Code Civ. Proc. § 533, a complaint to recover the price of an article sold, alleging performance of conditions, held not to require proof of performance of conditions to be kept by the buyer.-Hubbard v. Chapman (Sup.) 527. In an action by wife for goods sold, evidence that defendant accepted the goods on a debt of plaintiff's husband held admissible, under general denial.-Simmons v. Wilde (Sup.) 1039. § 8. Remedies of buyer. Contract to buy machinery, accompanied with warranty, providing for return if not acceptable, does not bar action for damages for breach of the warranty.-Birch v. Kavanaugh Knitting Co. (Sup.) 449. STATUTES. Provisions relating to particular subjects. § 1. Enactment, requisites, and validity Laws 1896, c. 141, providing for payments § 2. Subjects and titles of acts. Laws 1863, c. 361, held not void in toto, un- Laws 1892, c. 340, amending Laws 1863, c. STATUTES CONSTRUED. §§ 460, 461. Art. 6, § 18. ......... .34, 716 § 534 $$ 603, 607. .1030 187 §§ 682, 683. 42 .1011 481 957 975 . 773 68 724, 810 .1021 386 930 Art. 3, § 16. Art. 3, § 18. Art. 3, § 26. 924 § 1315 516 Art. 5, § 9. Art. 6, § 18. ... Art. 10, § 5. 34 §§ 803, 804 Art. 12, § 3.... § 820 34 § 829 756 $757. Amended by Laws 34, 716 § 769 54 $ 1709 .566, 666 $ 1776 810 $$ 1825, 1826 .488, 781 § 1914 538 § 1925 936 570 765 269 127 810 .479, 480 436 22 .654, 655 § 66 389 $ 836 .1023 $ 2432 666 §§ 182, 183 536 840 8 341 195 $ 894 440 $ 2707 § 2709 § 2719 $ 2722 § 2725 $ 2726 subd. 3. § 2727 2755 2766 2786 et seq. 555 2798 682 $ 3372 634 .1011 Laws 196 and 88 New York State Reporter. 1870, ch. 291, tit. 3, § 4.. 1 1874, ch. 446, § 1. 412 Laws Amended by Laws 1893, 1359 194 ch. 660: Laws 1895, ch. 449, § 3.. 911 Greater New York. Laws 1882, ch. 410, § 1104. 1883, ch. 490, § 1. Amend 1882, ch. 410, § 993.. 911 1882, ch. 410, § 1000. Re pealed by Laws 1897. ch. 378, 1608.. 261 987 .1011 ed by Laws 1888, ch. 584, Greater New York. Laws $1 675 Greater New York. Laws Page 388, § 4, subd. 9.... 952 Greater New York. Laws Part 2, ch. 7, tit. 3, § 4...1027 Eighth Edition. Pages 1881, 1903, 1909... 740 Ninth Edition. Volume 2. 1897, ch. 378, § 1608... 65 Page 1885, $$ 8, 9....... 602 Long Island City. Laws 693, 694 Brooklyn. Laws 1888, ch. LAWS. 1031 583. Amended by Laws 1895, ch. 329........ Corning. Laws 1890, ch. 58. tit. 7, § 11. Greater New York. Laws 1853, ch. 62. 368 1890, ch. 565, §§ 91, 93, 95, .1030, 1031 598 1897, pp. 30, 182, §§ 95, 518 675 892 1863, ch. 361, $$ 1-9. .1030 .1030 1896, ch. 908, § 21. .30, 519 1896, ch. 908, art. 2, § 21.. 978 | 1897, ch. 378, § 1358. Great- 194, 196 194 1897, ch. 378, §§ 1359- 1897, ch. 378, § 1364. .177, 196 1897, p. 347, § 980. Great- ...175, 176 194 1384. Greater New York 1893, ch. 701.. 8 1897, ch. 378, § 1588. 1894, ch. 543, § 1. Greater New York Char- 1894, ch. 693.. 598 1897, ch. 312, § 42. 765 ter 947 1897, ch. 378, § 2. Greater er New York Charter. .64, 65 1897, ch. 414, §§ 145-147 218 647, 648 1897, ch. 418, § 18, subd. 4 305, 306 1897, ch. 414.. .1077 34 201 414 266 369 .1070 .1011 42 946 sary incident to the construction of the tracks Const. art. 3, § 18 (Amend. 1875), does not A street railroad extending its lines, under The consent of the commissioner of street im- The corporate life of a street-railroad com- |