BOOK MAKING.

See Gaming, § 87.

BOOKS OF ACCOUNT.

As documentary evidence, see Evidence, § 354.
Secondary evidence of contents, see Evidence,
§§ 177, 179.

BOUNDARIES.

I. DESCRIPTION.

13. In construing the conveyance of land
upon a stream, more liberality must be allowed
in interpreting the language of the conveyance
because of the difficulty of locating the bounds of
such land.-Fulton Light, Heat & Power Co. v.
State (Ct. Cl.) 1000.

§ 13.
Where land is bounded by or on a
nontidal stream, the presumption is that the title
extends to the center, and this even against the
state.-Fulton Light, Heat & Power Co. v. State
(Ct. Cl.) 1000.

§ 15. Grant from the state considered, and
held to carry title to the center of the river.
Fulton Light, Heat & Power Co. v. State (Ct.
Cl.) 1000.

$ 15. A grant by the state of land bordering
on a nontidal stream though navigable in fact,
held to carry title to the center of the bed of
the stream and the riparian rights incident
thereto.-Fulton Light, Heat & Power Co. v.
State (Ct. Cl.) 1000.

$ 20. A deed of lots as shown by a map,
showing the laying out of streets, held to con-
vey to the center of the streets.-Woolf v.
Woolf (Sup.) 104.

II. EVIDENCE, ASCERTAINMENT, AND

ESTABLISHMENT.

§ 33. The presumption that one holding
land bounded on a highway is the owner to
the center thereof held rebuttable by provi-
sions of the deed.-Woolf v. Woolf (Sup.) 104.

§ 49. Held, that the doctrine of practical lo-
cation might be resorted to to establish a dis-
puted line.-Fulton Light, Heat & Power Co.
v. State (Ct. Cl.) 1000.

BOYCOTT.

Restraining, see Injunction, § 109.

BREACH.

Of condition, see Insurance, §§ 291, 292.
Of contract, see Contracts, §§ 280, 300; Sales,
$$ 156-182; Vendor and Purchaser, §§ 130,
133.

Of covenant, see Covenants, § 103.
Of warranty, see Insurance, §§ 291, 292.

BREACH OF MARRIAGE PROMISE.
87. A promise of marriage, to be carried out
if the woman, who has a husband living, pro-
cures a divorce, is void.-Williams v. Igel (City
Ct.) 778.

§ 13. Defendant in an action for breach of
promise may question validity of divorce obtain-
ed by plaintiff in another state.-Williams v.
Igel (City Ct.) 778.

$ 18. A complaint held to set forth a mu-
tual contract of marriage and breach thereof.
-Hughes v. Walter (Sup.) 1.

BRICK KILNS.

Operation of as nuisance, see Nuisance, § 35.
BROKERS.

See Principal and Agent.

II. EMPLOYMENT AND AUTHORITY.
8. Evidence held not to justify a finding
that plaintiffs were employed as brokers to sell
a yacht for defendant.-Gardner v. Pierce (Sup.)
155.

§ 8. Evidence in an action to recover for
services in selling defendant's automobile held
insufficient to show that he acted as broker for
defendant in the sale.-Walleston v. Fahne-
stock (Sup.) 743.

III. DUTIES AND LIABILITIES TO
PRINCIPAL.

Instructions excluding or ignoring issues, de-
fenses or evidence in action for negligence or
wrongful acts, see Trial, § 253.

Specific performance of contract by broker to
deliver stock, see Specific Performance, § 114.

§ 38. Corporate stock held prima facie con-
verted by brokers.-Kilmer v. Hutton (Sup.)
127.

§ 38. In an action against brokers for con-
verting certificates of stock delivered by plain-
tiff to their clerk for transfer on the corporate
books to plaintiff, evidence held not sufficient
to permit them to escape liability on the ground
of good faith.-Kilmer v. Hutton (Sup.) 127.

IV. COMPENSATION AND LIEN.

§ 40. Plaintiff held not entitled to commis-
sions on sale of defendant's realty on direction
of her husband.-Hurd v. Lee (Sup.) 445.

44. The authority of a broker to procure
a purchaser may be revoked by the owner at
any time before the sale is consummated.-
Gardner v. Pierce (Sup.) 155.

§ 44. The authority of a broker employed
to procure a purchaser held revoked by the
owner in good faith, defeating the right of the
broker to commissions.-Gardner v. Pierce (Sup.)
155.

§ 52.
A broker employed to procure a pur-
chaser held not entitled to recover commissions
until he brings the minds of the purchaser and
the owner to an agreement for the sale.-Gard-
ner v. Pierce (Sup.) 155.

$ 52. To entitle the broker to compensation,
he must bring the minds of the buyer and seller
to an agreement for a sale and the price and

For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER

§ 53. A broker must show affirmatively that See Religious Societies, § 20. the purchaser was induced to buy through the means employed by him, in order to entitle him to commissions.-Kalkstein v. Jackson (Sup.) 302.

§ 53. In an action by a broker to recover for procuring a sale, held necessary to show that he was the procuring cause of the sale.-Walleston v. Fahnestock (Sup.) 743.

§ 57. A broker employed to procure a purchaser of property held not entitled to commissions.-Gardner v. Pierce (Sup.) 155.

§ 74. Purchasers of land and a broker held under no liability to the owner's broker respecting commissions.-Oppenheimer v. Barnett (Sup.) 44.

I. RIGHT OF ACTION AND DEFENSES, $75. To entitle a real estate broker to com8 24. Restoration of consideration as a conmissions, held, that he must show that the cash dition precedent for suing for rescission of a conrequired had been paid and a deed delivered, or tract held not necessary under the circumstances. that nonperformance was the owner's fault.--Cox v. Stillman (Sup.) 931. Larson v. Burroughs (Sup.) 358.

riage, where the goods were stolen by his driv
er. Heyman v. Stryker (Sup.) 638.

$119. A carrier is responsible for loss of
goods which he undertakes to carry, irrespec-
tive of negligence or fault on his part, if the loss
does not occur by the act of God or the public
enemies.-Heyman v. Stryker (Sup.) 638.

IV. CARRIAGE OF PASSENGERS.

(D) PERSONAL INJURIES.

CEMETERIES.

Exemption from taxes or assessments for pub-
lic improvements, see Municipal Corporations,
§ 434.
CERTIFICATE.

Of amount held in bank to order of party to
action under a municipal court act, see Courts,
§ 189.

CERTIFIED CHECKS.

§ 280. It is the duty of the owner and op-
erator of a passenger elevator to exercise the See Banks and Banking, § 149.
ordinary care that a reasonable person would
exercise for the protection of passengers.-
Frahm v. Siegel-Cooper Co. (Sup.) 90.

CHALLENGE.

§ 303. It is the duty of a carrier to provide To juror, see Jury, §§ 110-135.
a reasonably safe place at which a passenger
can alight, or warn the passenger of any known
danger. Catterson v. Brooklyn Heights R. Co.
(Sup.) 760.

$314. A complaint in an action against a
carrier held sufficient to withstand a motion to
dismiss. Catterson v. Brooklyn Heights R. Co.
(Sup.) 760.

§ 318. In an action against a street railroad
for injuries to a passenger, the jury held en-
titled to consider certain evidence as to the
speed of the car, though there was some dif-
ference of opinion among the witnesses.-Levy
v. New York City Ry. Co. (Sup.) 655.

§ 318. In an action for injuries to a passen-
ger, evidence held insufficient to establish the
carrier's negligence.-Gillmore v. Interborough
Rapid Transit Co. (Sup.) 674.

CHANGE OF VENUE.

Of civil actions, see Venue, §§ 45, 52.

CHARACTER.

Of accused in criminal prosecutions, see Crim
inal Law, § 369.

CHARGE.

For water supply, see Waters and Water Cours-
es, § 203.

Of legacies on property by will, see Wills, §§
823, 826.

To jury in civil actions, see Trial, § 253.

CHARITIES.

§ 321. In an action for injuries to plain-
tiff through being struck while riding in de-
fendant's passenger elevator by a piece of mor- I. CREATION, EXISTENCE, AND VA-

tar which fell down the shaft, an instruction
as to the application of the rule of "res ipsa
loquitur" held to state the case too broadly.
Frahm v. Siegel-Cooper Co. (Sup.) 90.

(G) PASSENGERS' EFFECTS.

§ 404. Failure of a passenger to call for bag-
gage within a reasonable time after its arrival
relieves the railroad company of its obligation
as a common carrier and substitutes the liabil-
ity of a warehouseman.-Church v. New York
Cent. & H. R. R. Co. (Sup.) 560.

$408. In an action against a carrier for loss
of baggage, the question whether plaintiff called
for her baggage within a reasonable time held
one of fact.-Church v. New York Cent. & H.
R. R. Co. (Sup.) 560.

§ 408. In an action for loss of baggage, the
Durden of showing diligence on the part of plain-
tiff in calling for her trunk held to be on the
plaintiff.-Church v. New York Cent. & H. R.
R. Co. (Sup.) 560.

See Action.

CAUSE OF ACTION.

LIDITY.

tal in trust for the hospital held valid under
§ 7. A bequest to the treasurer of a hospi-
Laws 1893, p. 1748, c. 701, as amended by Laws
1901, p. 751, c. 291.-In re Beaver's Estate
(Sur.) 424.

§ 15. In the absence of statute, a testamen-
tary trust to apply the income to the care of
testator's burial lot is void.-Driscoll v. Hewlett
(Sup.) 466.

§ 15. A testamentary gift in trust to apply
the income to the care of testator's burial lot
is not a gift to charitable use, within Laws 1893,
p. 1748, c. 701.-Driscoll v. Hewlett (Sup.) 466.

15. Under Laws 1895, p. 481, c. 723, § 7,
re-enacting with modifications Laws 1884, p.
253, c. 198, § 2, a testamentary gift to a re-
ligious corporation in trust to apply the income
to care of testator's burial lot held not void as
against perpetuities.-Driscoll v. Hewlett (Sup.)
466.

CHATTEL MORTGAGES.

See Pledges.

Possession of leased premises, see Use and Oc-
cupation. § 1.

For cases in Dec. Dig. & Amer. Digs. 1997 to date & Indexes see same topic & section (§) NUMBER
116 N.Y.S.-74