Page 1020, $8...
Page 1022, §§ 5, 25..............

..372, 373

1872'

....

Page 2191, § 96.

.....

Page 2196, § 147.....

306

SESSION LAWS.

.790, 791

1788.

.587, 594

65

1813, ch. 29..

455

1876, ch. 49.

1813, ch. 60, § 8..

.384, 428, 646

1876, ch. 198, § 2.

1814, ch. 172...

1876, ch. 363.

1817, ch. 146..

64

1877, ch. 211.

1839, April 20, ch. 134.

149, 288

1843, ch. 87..

456

1877, ch. 466.

259

1844, ch. 152, § 4

197

1845, ch. 150, § 1 (4 Edm. St. 375)..454, 456, 551

1845, ch. 180, § 26..

.610, 611

1879, ch. 53, § 43..

539

1847, ch. 183.

274

1879, ch. 538.

674

1847, ch. 280.

39

1880, ch. 147.

.66, 67, 69, 70

1847, ch. 365, § 14..

456 1880, ch. 245.

44

1847, ch. 455, § 6..

251, 610-612 | 1880, ch. 269.

1848, ch. 40, §§ 12, 15...43, 44, 431, 672, 790-794
1848, ch. 319, § 6 (Amend. Laws 1860, ch.
360).

240

1880, ch. 486.
1880, ch. 515.

791, 792

1880...

.64, 65, 431

1849, ch. 244, §§ 3, 4.

.43, 44, 673, 792

1881, ch. 703..

239

1850, ch. 140, p. 211, §§ 15, 22, 25, 28, 44...
280-282, 285, 286, 614, 684, 688, 690

1881, p. 945..

450

1882, ch. 409, §§ 312, 314, 315.

.461, 462

1850, ch. 283, § 1..

149

1882, ch. 410, §§ 86, 123.

..609, 696

1852, ch. 250.

792

1882, ch. 410, § 271..

1854, ch. 261..

.....

1854, ch. 400.
1855, p. 376

.....

.....

274 1882, ch. 410, $$ 1346, 1384, 1390.

785 1882, $$ 1104, 1594-1632, 1841, 1866, 1882-1884
775

....760-762
.56, 898

248, 295, 571-573

1873, ch. 335

1873, ch. 549, § 5.

64 1874, ch. 149

1874, ch. 351

1874, ch. 430

339 1874, ch. 446, § 31...

741 1874, p. 697..

1875, ch. 267...
1875, ch. 371, § 25.

553 1875, ch. 379..

599 1875, ch. 510.

1875, ch. 595.
1875, ch. 606, § 36..
1875, ch. 611, § 21................
1875...

...........

.....

1883, ch. 175, §§ 1, 4, 5, 18........81, 82, 612, 613 | chaser take his seat, or formally to resign
1883, ch. 319

1883, ch. 354, §§ 2, 7, 8, 14, 15..............327, 761, 762
1884, ch. 57..

1884, ch. 202, § 4..
1884, ch. 237, p. 298..
1884, ch. 272..

1884, ch. 312..

1884, ch. 328..

1884, ch. 357...

1884, ch. 381.

1884, ch. 410, § 4..

1885, ch. 181, §§ 20, 22, 23, 28.
1885, ch. 248, §§ 2, 6.

1885, ch. 261, §§ 1-4, 6, 9.....
1885, ch. 342, §§ 4, 25..

......

240

278

114

278

116 his seat and nominate the purchaser as his
successor, as the sale and purchase is equiv
alent to a resignation and nomination,
though the rules of the institution require
such written consent to be signed by the
seat-holder on the change of membership,
507 but the debtor will be required to sign a
761 consent that the purchaser be vested with
45, 673-675 the privileges inuring to his membership.
.325, 327, 760, 761-Roome v. Swan, (City Ct. N. Y.)614.

325

..560, 561
650

.268, 271-273
.876, 877

1885, ch. 448, § 85 (Amend. Laws 1855, § 65) 254
1885, ch. 483, §§ 1, 4, 6, 13, 16, 17... .429-431
1886, ch. 29, § 1....

1886, ch. 314...

1886, ch. 563, §§ 1, 2.

1886, ch. 572.

..325, 326, 760-762

573
21

1887, ch. 713, §§ 1, 4, 6, 13, 16, 17..

1888, ch. 29, §§ 1-4..

1888, ch. 581, § 1..

1888, ch. 586, §§ 1-4..

.360-364

Summons.

Sunday.

324 Sunday sales, see Intoxicating Liquors.

44

.827, 698, 699

278

TAXATION.

429-431, 631, 632 See Constitutional Law, 6, 7; Railroad Com

STOCK AND PRODUCE EX-
CHANGES.

Expulsion of members.

1. The constitution of the New York
Stock Exchange provides for suspension of 1. The Bank Clerks' Mutual Benefit As-
insolvent members, and that, within a year sociation, incorporated under the act of
from the time of suspension, such mem- 1848, for the incorporation of benevolent
bers may apply for readmission on show-societies, "to relieve the necessities of the
ing a settlement with their creditors; also aged and disabled, and benefit the families
that members guilty of obvious fraud, of of deceased" bank clerks, which provides
which the governing committee shall be the for the admission of members, the fees and
judges, shall, on vote of two-thirds of the assessments to be paid, and a forfeiture of
members of said committee present, be ex-membership for non-payment of assess-
pelled. Plaintiff was suspended for insolv-ments, is simply a mutual benefit associa
ency, and charged with obvious fraud. He tion, and, not being exempted from taxa-
asked for and was granted an adjournment tion by its charter, takes a legacy subject
of the hearing, examined the testimony to the collateral inheritance tax.-In re
taken, appeared, and was heard and inter- Jones' Estate, (Sur. N. Y Co.) 671.
rogated, and given a full opportunity for
Assessment.
self-defense, and was adjudged guilty by a
two-thirds vote, and expelled. He did not
settle with his creditors within a year, nor
apply for readmission, nor did he object to
any of the proceedings. Held, that the
court would not declare his suspension null
and void.-Kuehnemundt v. Smith, (Super.
Ct. N. Y.) 625.

Consent of debtor to transfer of his
rights.

2. A debtor, whose right to a seat in a
stock exchange has been sold by a receiver
in supplementary proceedings, will not be
required to sign a consent that the pur-

2. The failure of the county supervisors
to add to the annual levy of taxes the ex-
pense of supporting the insane for the past
year, as prescribed by Laws N. Y. 1874, c.
446, § 31, does not prevent the subsequent
imposition of such tax.-People v. Super-
visors, (Sup.) 142.

to the dissolution of corporations, author-
3. Code Civil Proc. N Y. § 1788, relating
izes the court to appoint a temporary re-
ceiver, who, by section 1789, may, by inter-
locutory order, be continued as a perma-
nent receiver. 1 Rev. St. p. 389, § 1, pro-
vides that "every person shall be assessed

1. The contract printed at the top of a
telegraph blank limiting liability for negli
gence or delay in transmitting an unre-
peated message to the amount paid for its
transmission, and a repeated message to 50
times the amount paid, is reasonable and
binding on one accustomed to use such Actions-Evidence.
blanks, and it is error to refuse to limit re-
covery to $12.50 for error in a 25-cent mes-
sage requesting a certain horse to be

Act legalizing board proceedings, see Con-
stitutional Law, 1, 3.

Estoppel of town supervisor, see Taxa-
tion, 5.

In an action by the contractor for build-
ing a bridge, under an act validating ir-
regular proceedings of the town officers

for its erection, evidence of the proceed-whiskey is diluted with water, and that
ings of the town authorities referred to in
the act were admissible to show on what
the ratification by the legislature was
founded. Wrought-Iron Bridge Co. v.
Town of Attica, (Sup.) 359.

TRADE-MARKS.

What will be protected.

the packages containing it bear only one
stamp, while high proof whiskey bears
two stamps, so as to deprive plaintiffs of
relief for infringement; it not appearing
that the whiskey does not possess com.
mercial purity.-Id.

7. The use by plaintiffs, on their regis-
tered label, of the words, "Pat. Aug. 13th,
1872," that being the date of the registry
1. The words "compressed yeast" indi- of their trade-mark, cannot be regarded as
cate the character and composition of an
a false affirmation, that the goods were pat-
article, and are not the subject of a trade-ented, so as to deprive them of relief from
mark. Fleischmann v. Newman, (Sup.)
infringement.-Id.
608.*

-

2. The form of a package of a manu-
factured article cannot be appropriated so
as to exclude others from using packages
of the same character.-Id.

3. The words "Maryland Club Whiskey,"
arbitrarily chosen by plaintiffs as a desig-
nation by which a particular whiskey was
to be known, and not in themselves indi-
cating any particular kind, quality, or com-
position of whiskey previously well known
to the trade. are a proper subject for a
trade-mark, and the fact that such words
have been applied only to a certain grade
of whiskey manufactured by them. there-
by necessarily distinguishing that from
other grades of goods of their own manu-
facture, does not invalidate plaintiff's right
to their use as a trade-mark.-Cahn v.
Gottschalk, (C. P. N. Y.) 13.

4. The words "Maryland Club," as used
in plaintiffs' trade-mark, "Maryland Club
Whiskey," being the name of an institu-
tion and not a place, the rule excluding the
use of geographical names as trade marks
is not applicable.-Id.*

Infringement.

8. Where plaintiffs' agent, resident in the
their trade-mark for five years before ac-
state, knew of the alleged infringement of
tion brought, plaintiffs are not entitled to
an accounting of profits, by reason of
laches.-Id.
Injunction.

9. On a bill to restrain the use of a trade-
mark consisting of words merely, it is not
necessary to prove that any one has been
deceived by defendant's acts, or that he
even intended to deceive or defraud.—Id.

10. Plaintiffs were publishers of a picto-
rial journal called "Life," and for some
time had been reproducing in book form
some of its pictures and literary matter,
with the name of "The Good Things of
Life." Defendants, who had been con-
nected with plaintiffs in the reproduction,
commenced to print a book similar in ap-
pearance and character. containing pictures
and matter from another journal, whose
name was not given, calling it "The Spice
of Life." by which people were deceived,
thinking that the matter was from plain-
tiff's journal. Held, that defendants used
the word "life" not in its ordinary sense.
belief that the matter in "The Spice of Life"
but with intent to deceive people into the
was from the journal "Life," and plaintiffs
having established the right to use the
duction, defendants will be enjoined from
name "Life," as applicable to their repro-
using it.-Stokes v. Allen, (Sup.) 643.

TRESPASS.

What amounts to.

5. In 1872, plaintiffs registered in the
patent-office, as a trade-mark, the words
"Maryland Club Rye Whiskey, C., B. & Co.,
Special Trade-Mark," surrounding the seal
of Maryland, a monogram, and a represen-
tation of a clover leaf, a copy of which,
printed on white paper about six inches
square, their initials forming part of this
design, they placed on each barrel of their
Maryland Club whiskey. In 1882, defend-
ant began the sale of a whiskey, painting
his barrel-heads yellow, and stenciling
1. Under Laws N. Y. 1883, providing for
thereon in black the words "Maryland compensation for injuries resulting from
Jockey Club Rye Whiskey, so that the the construction of the new aqueduct, com-
words "Maryland" and "Whiskey" formed pensation for killing a horse, and for dam-
a circle around the barrel-head in letters ages to buildings, struck by stones from
one and one-half inches high, "Club" ap blasting, is not allowable, as these injuries
pearing in letters two and one-half inches are trespasses, for which an action will lie.
high, and "Jockey "in letters seven-eighths-In re Thompson, (Sup.) 35.
of an inch high. Held, that defendant Pleading.
was liable for an infringement.-Id.*

6. A representation upon plaintiffs' trade-
mark that the article is "pure old rye
whiskey" is not falsified by proof that the

2. In an action for failure to maintain an
opening to an hotel across a strip of land
leading thereto, the complaint alleged that
the damage was caused by defendant main-

taining a fence across such strip. Defend-
ant had the right to maintain such fence.
but was required to keep open a gateway
through the same. Held that, as the com-
plaint included the space which was to be
kept open, and alleged a breach, and as no
application to make the complaint more
specific was made, no amendment was nec-
essary to support a recovery for failure to
keep open such gateway, and that the court
properly refused to direct a verdict for de-
fendant.-Avery v. New York Cent. & H.
R. R. Co., (Super. Ct. Buf.) 109.

3. The complaint alleged that defendant
had constructed a fence across a strip of
land leading to the hotel, which both plain-
tiff and defendant were entitled to use in
common, but that it was defendant's duty
to maintain a gateway through the fence.
It further alleged that defendant had con-
structed a fence across an alley leading to
the hotel, with the use of which it appeared
defendant had no right to interfere. Held
that, though the theory of the complaint
was that defendant had no right to erect
either fence, it was broad enough to em-
brace a failure to maintain the required
gateway, and should be amended to con-
form to the proof.-Avery v. New York
Cent. & H. R. R. Co., (Super. Ct. Buf.) 101.
Evidence.

4. In an action for injury to a leasehold
in real estate, a witness who has known
the property for 42 years, has been familiar
with it for 32 years, and was its owner for
13 years, may express an opinion as to the
rental value both before and after the in-
jury.-Id.

8. It appeared that a gateway opened by
defendant did not lead upon a certain strip
of land as was required, but to defendant's
depot. Defendant's evidence showed that
there was no travel over such strip, unless
trains stopped opposite the hotel, which
they had ceased to do, but passed on to the
depot, from which there was a passage to
the hotel. Plaintiff's evidence was that
the opening should be opposite the en-
trance to the hotel, where it could be ob-
served; that for years many passengers
had passed through such opening, ceasing
only when the fence was erected. Held,
that the evidence being conflicting, the
question of damages was properly submit-
ted to the jury.-Id.

TRIAL.

See. also, Appeal; Certiorari; Judgment;
New Trial; Witness.

Objections to evidence.

1. In an action for plaintiff's interest in
a piano and diamond ring, plaintiff's hus-
band testified that defendant had redeemed
the ring from pawn, and used it, with plain-
tiff's consent, and that the sum paid by de-
fendant had afterwards entered into an
oral agreement for the purchase of land by
plaintiff, a conveyance of which had been
demanded of defendant, and that he failed
to execute it; that a like agreement was
made by defendant to purchase the piano,
and convey to the plaintiff other property,
taking a mortgage as security for bal-
ance due, which mortgage had been ten-
dered and refused, and that defendant re-
fused to execute that deed. Held that, as
defendant had to object to the mortgage,
when tendered him, on account of its form
or conditions, he could not be heard to as-
sert such objections on the trial as a de-
fense to the action.-Young v. Hebberd,
(Sup.) 828.

5. A witness was allowed to state what
the rental value of an hotel would have been
if defendant had maintained a sufficient
gateway to the hotel over a certain strip
of land, as it was required to do. A point
in issue was whether a gate established by
defendant was sufficient. Held, that the
allowance of such statement was error, as
it was the province of the jury to determine
2. Striking out testimony subsequently
the question of sufficiency; but as all the appearing irrelevant, as being an opinion
facts were before the jury, and as the at- of the witness, is discretionary with the
tention of the witness was particularly
The proper remedy in such case is
called to the condition of the gateway as to request an instruction to disregard the
established, such error was harmless. Id. testimony.-Harrington v. City of Buffalo,
6. Where a witness had stated that he (Sup.) 333.
knew what such rental value was, he was
properly allowed to state the same, as the
inquiry called for a fact within his knowl-
edge, and not for his opinion.-Id.
Damages.

7. In an action for injury to a leasehold
interest in an hotel, where there is evidence
that defendant's wrongful acts have de-
creased plaintiff's business, and thus di-
minished the rental value of such lease-
hold, the measure of damages is the depre-
ciation of the rental value.-Id.

court.

3. In an action for personal injuries
plaintiff gave evidence that on other days
the driver started his car suddenly, and used
intoxicants while on duty. The court, of
its own motion, ordered this evidence to
be stricken out, so far as defendant's ob-
jection applied, and it was not again re-
ferred to during the trial. Held, that any
error in its reception was cured.-Ganiard
v. Rochester City & B. R. Co., (Sup.) 470.

4. An objection to a question, in itself
competent, is not sufficient to give the trial
court an opportunity to rule upon the com-