to plaintiff, except as to advances made to the other broker prior to disclosure.-Brown v. Carpenter, 168 N. Y. S. 921. III. DUTIES AND LIABILITIES TO only the single commission due from defendant. 86(5) (N.Y.Sup.) In action by caretaker to recover commissions for securing purchaser of property, evidence held insufficient to show that she produced purchaser ready, able, and willing to buy.-Ellison v. Chappell, 168 N. Y. S. 376. defendant that the other party was going to pay plaintiff a commission is no evidence that defendant agreed, in case of breach, to pay the second commission.-Windman v. Bulkowstein, 168 N. Y. S. 57. 24(1) (N.Y.Sup.) Where plaintiff purchased bonds on margin through a broker, who purchased them through defendant broker, it was duty of defendant, when plaintin was disclosed 86(8) (N.Y.Sup.) That plaintiff broker told and ordered a sale, to inform him, if they had already sold bonds and had handled transaction as a short sale.-Brown v. Carpenter, 168 N. Y. S. 921. In a short sale, the broker makes delivery of bonds or stock, charging price thereof to cus-86 (8) (N.Y.Sup.) Where there was no testomer, and account is carried until customer timony, either as to the reasonable value of orders broker to repurchase bonds, and an real estate broker's services or that owners adjustment is made between the broker and cus- agreed to pay 1 per cent. on both properties tomer on the difference between selling and pur- to the exchange, a judgment fixing the value chasing price.-Id. of such services at 1 per cent. of both proper ties is not sustained by evidence.-Klein v. Deutsch, 168 N. Y. S. 624. 37 (N.Y.Sup.) In action against a broker for proceeds from sale of bonds, whether transaction was a short sale held, under the evidence, a question for the jury.-Brown v. Carpenter, 168 N. Y. S. 921. IV. COMPENSATION AND LIEN. 46 (N.Y.Sup.) Plaintiff, employed to effect sale of goods at a fixed price, but who had no exclusive agency, and whose order at that price was brought to defendant after he had himself sold goods, did not effect a sale, and was not entitled to any commission.-Schlessel v. Greenberg, 168 N. Y. S. 605. VI. RIGHTS, POWERS, AND LIABILI- 103 (N.Y.Sup.) Brewer held to have adopted misrepresentations of broker who executed deal with saloon keeper, and to have become responsible for his fraud.-Weisheit v. Pabst Brewing Co., 168 N. Y. S. 340. See Health. 54 (N.Y.Sup.) A broker, to become entitled to commissions, must produce purchaser who is See Civil Rights. ready, willing, and able to buy at seller's terms. -Ellison v. Chappell, 168 N. Y. S. 376. BUILDINGS. CAFÉS. CANCELLATION OF INSTRUMENTS. 55(1) (N.Y.Sup.) Broker's contract held of special employment, so that it did not authorize See Reformation of Instruments. recovery of commission for a sale, through another broker introduced by plaintiff, to per CARMACK AMENDMENT. sons not contemplated by the original contract. See Carriers, 119, 215. CARRIERS. 130. 56(3) (N.Y.Sup.) When broker calls atten- I. CONTROL AND REGULATION OF 60 (N.Y.Sup.) Where plaintiff was employed to secure one ready, willing, and able to purchase a lease under terms imposed by vendor, his right to compensation did not depend on the contract of sale actually made, nor upon the ability of his employer to carry out the contract assigning a lease.-Ritchey v. Murphey, 168 N. Y. S. 830. (A) In General. 18(6) (N.Y.Sup.) Where corporation received consent of one city to operate auto bus pursuant to Laws 1915, c. 667, § 26, and was denied consent of another city, and made no application for certificate of Public Service Commission, as required by Transportation Corporations Law, § 25, its operation of busses over streets was unlawful, and would be enjoined, under Public Service Commission Law, § 57.Public Service Commission. Second Dist., v. Mt. Vernon Taxicab Co., 168 N. Y. S. 83. 67(1) (N.Y.Sup.) Where defendant agreed to pay plaintiff a commission for exchanging property, and another party agreed to pay plaintiff a like commission, and the minds of the principals met, but defendant broke the contract, the broker could recover from him in II. CARRIAGE OF GOODS. (D) Transportation and Delivery by Carrier. 83 (N.Y.Sup.) Under straight bill of lading form prescribed by Interstate Commerce For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER it had the burden of showing that death was not due to such departure or such negligence, notwithstanding Interstate Commerce Act and Hepburn and Carmack Amendments.-Ely v. Barrett, 168 N. Y. S. 419. Commission, carrier's obligation is complete | proof, and carrier departed from agreed route, when it delivers interstate shipment to named consignee, and it need not require surrender of the bill; Personal Property Law, § 227, as added by Laws 1911, c. 248, not applying to interstate shipment.-Dusal Chemical Co. v. Southern Pac. Co., 168 N. Y. S. 617. Consignor of interstate shipment could protect himself against delivery to consignee, without surrender of the bill, by taking order bill as provided by Interstate Commerce Commission, or, if taking a straight bill thereunder, by notification to carrier, under Personal Property Law, § 219, as added by Laws 1911, c. 248. that third party was transferee of the bill. -Id. 228(5) (N.Y.Sup.) Evidence held to sustain jury's finding that unusual delay in carriage of horses was due to carrier's negligence.-Plass v. Barrett, 168 N. Y. S. 107. Shipper of horses could not recover from carrier for death of animals after arrival, in the absence of evidence as to cause of death. Id. make 228(5) (N.Y.Sup.) Evidence held to justify finding of defendant's negligence in transporting (E) Delay in Transportation or Delivery. a dog.-Ely v. Barrett, 168 N. Y. S. 419. 99 (N.Y.Sup.) Unusual volume of freight 230(3) (N.Y.Sup.) Evidence held to traffic, making it impossible to handle freight question for jury whether sickness and death without delay, held not to excuse carrier's de- of horses shipped by defendant express comlay, where it accepted the shipment, knowing pany was natural and probable result of negli of the conditions, but did not notify the shipper. Y. S. 107. gent delay in transit.-Plass v. Barrett, 168 N. --Burns Grain Co. v. Erie R. Co., 168 N. Y. S. 154. (F) Loss of or Injury to Goods. 116 (N.Y.Sup.) Where carrier deviates from stipulated route, it becomes an insurer, responsible for all loss and damage to goods, including unavoidable casualty.-Ely v. Barrett, 168 N. Y. S. 419. 119 (N.Y.) Carmack Amendment does not change the common-law rule as to effect of act of God in excusing carrier from loss resulting proximately from it.-Barnet v. New York Cent. & H. R. R. Co., 118 N. E. 625, 222 N. Y. 195. 134 (N.Y.) Evidence held insufficient for necessary finding of contributing negligence of carrier in case of loss of interstate shipment caused by unprecedented flood, act of God.Barnet v. New York Cent. & H. R. R. Co., 118 N. E. 625, 222 N. Y. 195. (H) Limitation of Liability. 158(1) (N. Y. Sup.) Although shipper's servant, who delivered trunk and took receipt, was illiterate, liability of defendant express company held limited by amount stated in its receipt, where amount paid for transportation entitled shipper only to such amount un der filed tariffs.-Kolb v. Taylor, 168 N. Y. S. 685. III. CARRIAGE OF LIVE STOCK. IV. CARRIAGE OF PASSENGERS. (A) Relation Between Carrier and Pas senger. 240 (N.Y.Sup.) Guard employed by transit company by hour or trip, and who between trips and while in uniform remained in car, to return on some personal matter, was a passenger, entitled to maintain action for personal injury from collision.-Pierson v. Interborough Rapid Transit Co., 168 N. Y. S. 425. (D) Personal Injuries. 287 (2) (N.Y.Sup.) Motorman of street car, who saw plaintiff standing in usual place to board car bound other way, could assume plaintiff was not crossing over, especially that she would not step any nearer to single track.Campbell v. Richmond Light & R. Co., 168 N. Y. S. 813. Where street car on single track approached plaintiff, standing in place to board car bound air brake, and reversed current, but plaintiff's other way, and motorman sounded gong, put oa umbrella caught against side of car, causing her to fall, street railway was not liable.-Id. 408 (4) (N.Y.Sup.) In action to recover for valuables tied up in handkerchief and left by plaintiff on table of defendant railroad's dining car, evidence held insufficient to show theft by defendant's servants.-Barden v. New York Cent. R. Co., 168 N. Y. S. 742. (G) Passengers' Effects. 215(1) (N.Y.Sup.) In absence of limiting contract, carrier is liable, as in case of inanimate property, for transportation of live ani-408 (6) (N.Y.Sup.) Whether it was contribmals, except as to injuries arising from their utory negligence of plaintiff to place handkernature and propensities, and which diligent care chief containing $1,500 worth of jewelry on tacannot prevent.-Ely v. Barrett, 168 N. Y. S. ble in defendant railway's dining car and leave York Cent. R. Co., 168 N. Y. S. 742. it there held jury question.-Barden v. New 419. Where carrier of animal departs from stipulated route, it is liable for exposing its vitality to such route, and is required to show that departure did not contribute to its death; Carmack Amendment not disturbing such common-law liability.-Id. See Action. CAUSE OF ACTION. CEMETERIES. 228(2) (N.Y.Sup.) Where shipper of dog by express contract limited recovery to carrier's negligence and agreed to assume the burden of See Street Railroads, 26. 16 (N.Y.Sup.) Order of Public Service Com- See Assignments. mission overruling demurrer, based on jurisdiction, to complaint to reduce gas charges, held not a "determination," reviewable under Code Civ. Proc. § 2122, on certiorari: but a mere "ruling."-People ex rel. Pennsylvania Gas Co. v. Public Service Commission, Second Dist., 168 N. Y. S. 59. See Process. CITATION. CITIES. See Municipal Corporations. CITIZENS. 21 (N.Y.Sup.) Action of state printing board in awarding contract for legislative printing, after investigating the bids and the responsibility of bidders, etc., was not a judi- See Constitutional Law, 229. cial action, and hence is not reviewable by certiorari.-People ex rel. Argus Co. v. Hugo, 168 N. Y. S. 25. Act of administrative or ministerial officer does not become judicial simply because it requires discretion and judgment, but becomes judicial only when there is opportunity to be heard, and the production and weighing of evidence, and a decision thereon.-Id. CIVIL RIGHTS. 5 (N.Y.Mun.Ct.) Café regulation, prohibiting serving of drinks to soldier in uniform, afforded no justification for refusing to permit soldier in uniform to take seat at table, his purpose, so far as appeared, being to obtain food. -Baer v. Washington Heights Café, 168 N. Y. S. 567. Eating place, though liquor was served there also, constituted "place of public accommodation," within Civil Rights Law, § 40, as amended by Laws 1913, c. 265.-Id. 14 (N.Y.Mun.Ct.) Under Civil Rights Law, § 40, 41, as amended by Laws 1913, c. 265, café, which excluded United States soldier because he was in uniform, was not liable to him for penalty.-Baer v. Washington Heights Café, 168 N. Y. S. 567. CLAIMS. See Corporations, 627; States. CLEARING HOUSES. See Banks and Banking, 320, 321. See Arbitration and Award, 84, 85. COLLATERAL UNDERTAKINGS. See Descent and Distribution, 109. COLUMBIAN HALF DOLLAR. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER I. POWER TO REGULATE IN GEN- 8(1) (N.Y.) State courts when considering interstate shipments are bound by Carmack Amendment.-Barnet v. New York Cent. & H. R. R. Co., 118 N. E. 625, 222 N. Y. 195. III. MEANS AND METHODS OF COMPLAINT. See Indictment and Information. COMPOSITIONS WITH CREDITORS. COMPROMISE AND SETTLEMENT. 6(2) (N.Y.Sup.) There must be some differences between the parties, which were doubtful, to sustain a settlement or compromise.Guggenheim v. Guggenheim, 168 N. Y. S. 209. Com-6(2) (N.Y.Sup.) Where dispute between stockbrokers and member of syndicate as to liability for syndicate indebtedness was settled by payment of an agreed amount and release from liability, held, that there was a settlement. -Post v. Thomas, 168 N. Y. S. 226. 61(2) (N.Y.Sup.) Under Interstate merce Act, liability of a carrier cannot be enlarged by form of action.-Ely v. Barrett, 168 N. Y. S. 419. COMMERCIAL PAPER. See Bills and Notes. 20(2) (N.Y.Sup.) Complaint on a contract, made in 1913, to pay plaintiff certain sur to abandon her proceeding, instituted in 1909, to COMMISSION AND COMMISSIONERS. set aside decree divorcing her, entered in 1901, See Public Service Commissions. COMMISSION MERCHANTS. See Factors. COMMISSIONS. See Brokers, 46-86; Executors and Administrators, 496; Principal and Agent, 81, 89. COMMON CARRIERS. See Carriers. COMMON COUNTS. See Work and Labor. COMMON SCHOOLS. See Schools and School Districts. COMPANY. See Corporations, 654. COMPARATIVE NEGLIGENCE. See Negligence, 100, 101. COMPENSATION. failing to state in whose favor the decree was. but alleging that whatever claim plaintiff might have against her former husband depended on setting decree aside, and not showing wherein decree could have been attacked, was demurrable, failing to show consideration for the contract by surrender of any legal claim.-Guggenheim v. Guggenheim, 168 N. Y. S. 209. COMPUTATION. See Limitation of Actions, 113; Time. CONDEMNATION. See Eminent Domain. CONDITIONAL SALES. See Sales, 472. CONDITIONS. See Wills, ~653. CONSENT. See Street Railroads, 26; Telegraphs and CONSIDERATION. See Bills and Notes, 90, 493; Compromise See Attorney and Client, 176; Brokers, COMPETENCY. See Witnesses, 144, 159, 352. See Factors. CONSIGNMENT. CONSOLIDATION. See Action, 57, 58. III. DISTRIBUTION OF GOVERN- (A) Legislative Powers and Delegation 63 (2) (N.Y.) Laws 1914. c. 444, held not invalid because delegating to cities power to regulate assessments, public safety, health, charity, and plumbers' licenses.-Cleveland v. City of Watertown, 118 N. E. 500, 222 N. Y. 159. 65 (N.Y.) Laws 1914, c. 444, setting forth a number of forms of city government and authorizing cities to adopt them by majority vote of electors, held not to violate Const. art. 3, § 1, vesting legislative power in Senate and Assembly.-Cleveland v. City of Watertown, 118 N. E. 500, 222 N. Y. 159. Laws 1914, c. 444, authorizing electors of cities to adopt forms of government therein defined, held not invalid as delegating power to make a charter.-Id. VI. VESTED RIGHTS. 110 (N.Y.Sup.) Judgment may become inviolable property right, immune to legislative action. Cahill v. Wissner, 168 N. Y. S. 1004. Prohibition in Municipal Court Code, § 181, against retroactive effect of Code, held to be construed as affecting substantive rights, not rights purely remedial, in relation to plaintiff's right to bring action in Municipal Court, under Code, after judgment dismissing her assignor's action for want of jurisdiction; prior judgment not being property right impeached by Code. -Id. VIII. RETROSPECTIVE AND EX POST FACTO LAWS. 33 (N.Y.Sup.) As Laws 1917, c. 815, does not provide for vote on local option questions by electors in the army and navy, resubmission of such questions because they were not permitted to vote would accomplish nothing and 190 (N.Y.Sur.) Power of appointment unwill not be ordered; the constitutional right of der will may be taxed, but if property is deemsoldiers to vote being ineffective without legis- ed to pass under donor's will, even though powlation. In re Town of Ghent, 168 N. Y. S. 804. er also purports to transfer same property. 38 (N.Y.) A statute cannot be judicially de- tax enacted after first will would be retroactive clared beyond the power of the Legislature to and unconstitutional.-In re Chauncey's Estate, enact, unless some provision of the Constitution 168 N. Y. S. 1019. which is in conflict with it can be specifically pointed to.-Cleveland v. City of Watertown, 118 N. E. 500, 222 N. Y. 159. 42 (N.Y.) General rule applies in criminal as well as civil case that no one can plead un constitutionality of law except person affected thereby. People v. Sanger, 118 N. E. 637, 222 N. Y. 192. X. EQUAL PROTECTION OF LAWS. 229(1) (N.Y.Sp.Sess.) Stock Transfer Tax Law, § 271a, added by Laws 1911, c. 12, and 1916, c. 552, prohibiting sale of transfer tax amended by Laws 1913, c. 811, § 2, and Laws stamps without comptroller's consent, held not to deny the equal protection of the laws.-People v. Jackson, 168 N. Y. S. 355. 45 (N.Y.Sup.) Laws 1917, c. 521, authorizing the suspension of liquor licenses, should not XI. DUE PROCESS OF LAW. be declared unconstitutional by the court at 283 (N.Y.Sp.Sess.) Stock Transfer Tax Special Term, in view of its great importance measure. People ex rel. Katz V. Sisson, 168 N. Y. S. 501. as a war 46(1) (N.Y.Sur.) Although petition showed that decedent was resident within Laws 1916, c. 551, amending Tax Law, § 243, constitutionality of amendment would not be determined in first instance, where under his denial the comptroller had right to show commonlaw domicile, making decedent's estate subject to taxation, regardless of constitutionality.In re Corning's Estate, 168 N. Y. S. 732. Law, § 271a, added by Laws 1911, c. 12, and amended by Laws 1913, c. 811, § 2, and Laws 1916, c. 552, prohibiting sale of transfer tax stamps without comptroller's consent, held not to deny due process of law.-People v. Jackson, 168 N. Y. S. 355. CONSTRUCTION. See Chattel Mortgages, 148; Contracts, 187-189; Courts, 97; Covenants, 77, 79; Deeds, 168; Executors and Admin For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER |