1. Account Stated-Defined.-An "account stated" is an agreement between persons who have had previous transactions fixing the amount due in respect thereto and promising payment. Moore v. Hendrix & Hodges, Ga., 87 S. E. 915.

2. Attorney and Client-False Representations. Where an attorney by false representations obtained possession of his client's mortgage and bond, his possession did not clothe him with any apparent authority to sell the obligations.-Elmhorst v. Maziroff, N. Y. Sup. Ct., 157 N. Y. S. 578..

3. Bankruptcy-Abuse of Discretion.-Referee held not to have abused discretion, or erred, as matter of law, in continuing creditors' meeting for election of trustee to allow filing of other claims, and in hearing evidence as to such claims. In re Rosenfeld-Goldman Co., U. S. D. C., 228 Fed. 921.

4.- -Ancillary Proceedings.-On ancillary application, trustee under mortgage on bankrupt's property held to be restrained from foreclosing until it applied for and obtained leave from the court having jurisdiction of the mortgaged premises. In re Patterson Lumber Co., U. S. D. C., 228 Fed. 916.

5. Attachment. Failure to release levy of attachment on supposed interest in property transferred by alleged bankrupt nearly seven years previously held not an act of bankruptcy, though transfer was alleged to be fraudulent. In re Murphy, U. S. D. C., 228 Fed. 1018. Auctioneer.-Where auctioneer made no adjudication, and trustees declined to accept bid, though for more than minimum price speci

6.

fied in referee's order, bidder held to have no legal right to a conveyance.-Untereiner v. Camors, U. S. C. C. A., 228 Fed. 890.

7.

Contempt.-Where referee orders private sale of property, inducing bidder to withdraw bid in order that another may purchase at a lower price, held punishable as a contempt, under Bankruptcy Act, $ 41.-In re Boyd, U. S. D. C., 228 Fed. 1003.

8. Corporation.-Under Gen. St. Minn. 1913, § 6193, as construed by Minnesota Supreme Court, where a corporation agreed that stock would be nonassessable, unpaid balance of par value held not recoverable by trustee in bankruptcy.-Courtney v. Georger, U. S. C. C. A., 228 Fed. 859.

corpora

9. Corporation.-Location of a tion's principal place of business, within Bankruptcy Act, is determined by the facts, and not by the intention of the corporate authorities or the recitals in the charter.-In re San Antonio Land & Irrigation Co., U. S. D. C., 228 Fed. 984.

10. Preference.-Creditor, to whom accounts were transferred within four months before bankruptcy and while bankrupt was insolvent, under circumstances such as would cause ordinary person to believe preference would be effected, held liable to trustee.-Aronin v. Security Bank of New York, U. S. C. C. A., 228 Fed. 888.

11. Summary Proceeding.-Claim in bankrupt's wife to motor truck kept in garage in her name held not determinable in a summary proceeding; her claim not being merely colorable.In re Markel, U. S. D. C., 228 Fed. 926.

12. Tort.-A claim arising in tort of a character which can be waived and an action quasi ex contractu maintained is a debt within the Bankruptcy Act, § 17, and provable.-First Nat. Bank of Enosburg Falls v. Bamforth, Vt., 96 Atl. 600.

13. Banks and Banking-Checks.-A bank, though notified not to honor the checks of a depositor who had by fraud sold plaintiff corporate stock and deposited the proceeds in the bank, held not bound to heed the warning; plaintiff not having rescinded the contract or returned the stock so as to be entitled to recover purchase money.-Barnard v. First Nat. Bank of Newpoint, Ind. App., 111 N. E. 451.

14. Negligence. The result of signing and keeping blank checks, whether the keeping be negligent or careful, is assumed by the maker, and not the bank who pays it.-S. S. Allen Grocery Co. v. Bank of Buchanan County, Mo. App., 182 S. W. 777.

15. Negligence.-Mere negligence in the keeping of a signed blank negotiable instrument which was afterwards stolen, filled out, and put in circulation by a thief should not be regarded as the proximate cause of the loss.-S. S. Allen Grocery Co. v. Bank of Buchanan County, Mo. App., 182 S. W. 777.

16. Notice.-The mere fact that a bank which accepted a note knew that the payee was engaged in selling horses and warranting them was not sufficient to put the bank on inquiry to ascertain whether the warranty on the horse for which the note was given was fulfilled.Parker v. Hickman, Ind. App., 111 N. E. 649.

18. Carriers of Goods-Bill of Lading.-The duty of procuring order required by indorsement of bill of lading or authority from the consignor to deliver, was upon the plaintiff, who was to be notified of the arrival of the shipment, and not upon the carrier.-Killingsworth v. Norfolk & S. R. Co., N. C., 87 S E. 947.

19. Carmack Amendment.-Under the Carmack Amendment to the Hepburn Act, making the initial carrier, accepting an interstate shipment and issuing a bill of lading, liable for the negligence of all connecting carriers, the shipper cannot hold a connecting carrier liable, though it issues a bill of lading, but must proceed against the first.-Looney v. Oregon Short Line R. Co., Ill., 111 N. E. 509.

20. -Connecting Carrier.-A requirement of a bill of lading given for an interstate shipment, that a written claim for damages be made within 10 days after delivery, held valid and binding on the shipper and to inure to the benefit of the connecting carrier.-Olivit Bros. v. Pennsylvania R. Co., N. J. 96 Atl. 582.

21. Initial Carrier.--Any lawful holder of a bill of lading issued by the initial carrier may, under the Carmack Amendment, sue for loss or damage caused by any connecting carrier to whom the shipment is delivered.-Carr v. Pennsylvania R. Co., N. J., 96 Atl. 588.

22. Inspection.-Though a shipper examined and deemed a car sufficient for the transportation of horses, the railroad company is not relieved from liability for defects in the car.Washington Horse Exchange V. Louisville & N. R. Co., N. C., 87 S. E. 941.

23. Interstate Commerce Commission.-In a shipper's action against a railroad for furnishing grain doors, plaintiff could not recover by showing merely the total cost of all doors furnished by him including an unascertained number of items for which no charge could be made under the rulings of the Interstate Commerce Commission because they accrued in interstate shipments.-Stockton Elevator & Shipping Ass'n v. Missouri Pac. Ry. Co., Kan., 154 Pac. 1126.

express

24.local -Local Expressman.-A man, if not strictly a common carrier as regards liability, agrees by a contract of carriage to use proper care and attention.-Astrella v. Laffey, Mass., 111 N. E. 681.

25.- -Notice.-A carrier of an intrastate shipment may incorporate in the contract of shipment a stipulation for written notice of damages.-Kolkmeyer v. Chicago & A. R. Co., Mo. App., 182 S. W. 794.

26. Carriers of Passengers-Boarding Car.Though one desirous of becoming a passenger boarded a street car at a regular stopping place after it was started, held, that when his presence was noted and he was received he became a passenger.-Mishler v. Chicago, S. B. & N. I. Ry. Co., Ind. App., 111 N. E. 460.

27.- Elevator.-A customer in a store, invited to use the elevator to visit the desired floor, is a passenger upon stepping forward to enter the cage.-Anderson v. American Sash & Door Co., Mo. App., 182 S. W. 819.

28. Employe.-Where a lumber company's employe has no connection with the operation of the train, but is merely being transported to or from his work over a track belonging to a railroad company, he is a passenger to the extent that the railroad company and its licensee must exercise extraordinary diligence to avoid injuring him.-Central of Georgia Ry. Co. v. Bessinger, Ga. App., 87 S. E. 920.

29.- -Loss of Personal Effects.-A carrier is liable to a passenger for the loss of personal effects and money only to the extent of a reasonable amount suited to his station in life and his journey.-Repp v. Indianapolis, C. & S. Traction Co., Ind., 111 N. E. 614.

30-Negligence.-An injury to a street car passenger having the heel of her boot caught in the cleats or guides at the threshold of the door held to result from an accident after the street railway company had taken every reasonable precaution.-Perkins v. Bay State St. Ry. Co.. Mass., 111 N. E. 717.

rights of a passenger.-Welsh v. Concord, M. & H. St. Ry., Mass., 111 N. E. 693.

32. Champerty and Maintenance-Contract.Where the service rendered by an attorney is not illegal, he may recover on a quantum meruit, notwithstanding invalidity of the contract for the services as champertous.-City of Rochester v. Campbell, Ind., 111 N. E. 420.

33. Chattel Mortgages-Mortgaged Cattle.A mortgagee's consent to the furnishing of feed and pasturage for mortgaged cattle may be implied from facts and circumstances so as to give a lien therefor preference over his prior recorded mortgage.-Cather v. Spencer, Okl., 154 Pac. 1130.

34. Commerce Employe. - Where an employe's service was between points in the state, but the train ran and carried shipments from without to within the state, the service was in interstate commerce.-Noel v. Quincy, O. & K. C. R. Co., Mo. App., 182 S. W. 787.

35. Employe.-A railroad's station agent, also employed by an express company as express agent, who was killed by an engine while handling interstate express matter, was not doing an act in furtherance of interstate commerce in the course of his employment by the railroad, so as to give his administratrix a right of action under the federal Employers' Liability Act.-Bogart v. New York Cent. & R. R. Co., N. Y. Sup. Ct., 157 N. Y. S.

H

420.

36. Employe.-One inspecting the main track of a railroad engaged in intra and inter state commerce is engaged in "interstate commerce,' and an action for his death or injury falls within the federal Employers' Liability Act.-Anest v. Columbia & P. S. R. Co., Wash., 154 Pac. 1100.

37. Interstate Shipment.-A shipment consigned to a point in another state constitutes "interstate commerce," though actual delivery is made before crossing the state line.-Stockton Elevator & Shipping Ass'n v. Missouri Pac. Ry. Co., Kan., 154 Pac. 1126.

38. Interstate Shipment.-Goods

course

delivered

to a common carrier at a point without the state consigned to a purchaser at his residence within the state are exempt from state regulations during the of transportation-City of Newport v. Wagner, Ky., 182 S. W. 834. 39. Intrastate Shipment.-A shipment by one carrier between two points in a state, and into by another carrier another state, held, while transported by the first carrier, an intrastate shipment.-Kolkmeyer v. Chicago & A. R. Co., Mo. App., 182 S. W. 794.

40. Common Carrier-Release.-Express messenger, who, by his contract of employment released claims for injury and agreed to express company's contract to hold carriers harmless for personal injury to its employes, injured by wreck on defendant's line, held not to stand in the relation of a passenger.-McKay v. Louisville & N. R. Co., Tenn., 182 S. W. 874.

41. Constitutional Law-Due Process of Law. -Limiting the amount of interest to be deducted from gross income of corporations to fix taxable income to interest on debt not exceeding one-half the bonded debt and paid-up capital stock is not wanting in due process of law because discriminating between different classes of corporations and individuals.-Tyee Realty Co., v. Anderson, U. S. Sup. Ct., 36 S. Ct. 281. 42. Contracts-Action.-A payee in posses

sion of a note for the benefit of another may maintain action thereon in his own name as trustee of an express trust under Rev. St. 1899, § 541.-Security Nat. Bank v. Field, Mo. App., 182 S. W. 815.

43. Breach.

31.- Relation of Passenger.-That decedent, approaching place for boarding street signaled it to stop, did not entitle her to the

legislation.-Meehan v. Parsons, Ill., 111 N. E.

529.

45.--Public Policy.-A stipulation of a commercial contract that no action should be maintained against a Pennsylvania corporation, a party to the contract, except in certain courts of that state, held invalid.-Nashua River Paper Co. v. Hammermill Paper Co., Mass., 111 N. E. 678.

of express

46. Public Policy.-Contract messenger, whereby he released claims for in- jury and agreed to contract of express company with defendant carrier to save it harmless for personal injury to company's employes, held not invalid as against public policy.-McKay v. Louisville & N. R. Co., Tenn., 182 S. 874.

W.

Contracts.-The question 47. Corporations whether a private corporation can make a contract to secure the location of a post office site or a military encampment depends upon the nature of the corporation and whether the contract is connected with the legitimate exercise of its corporate powers.-Eastern Illinois State Normal School v. City of Charleston, Ill., 111 N. E. 573.

48.- -Deceit.-For a stockholder, though an officer, in buying from others their stock as a personal venture, not to disclose that he had a contract to sell it above its value to another corporation desiring control, held not actionable deceit.-Haverland. v. Lane, Wash., 154

1118.

Pac.

49. False Representations.-Defendant cannot avoid his contract of purchase of stock because of plaintiff's representations, not shown to be anything more than mere opinions about in making value, or to have been relied on the contract.-Templeton v. Warner, Wash., 154 Pac. 1081.

50.- -Presumption.-Execution

of corpora

tion's note by president will be presumed to be authorized, making prima facie case of such authority in action on such note.-Moyse Real Estate Co. v. First Nat. Bank of Commerce, Miss., 70 So. 821.

51. Subscription to Stock.-In an action on a note given to a corporation for part of the price of stock subscribed for, held, that nondelivery of the stock certificate was no defense, where the certificate had been prepared and attached to the note awaiting payment thereof, and there was no request for, or refusal of, delivery.-Georgia Life Ins. Co. v. Lasseter, Ga. App., 87 S. E. 922.

52. Courts-Comity.-A federal court, assuming jurisdiction of a suit in equity to cancel a contract for sale of realty, which suit involved only an incident of the main controversy previously begun in a state court for damages for failure to perform the contract, which was an action at law, should await determination of issues in the action at law, instead of determining entire controversy.-Ingersoll Engineering & Constructing Co. v. Crocker, U. S. C. C. A., 228 Fed. 844.

a

53. -Jurisdiction.-Federal decisions, holding valid, under the Interstate Commerce Act and Carmack Amendment, a stipulation in bill of lading limiting liability of interstate carriers of live stock to an agreed value of $100 per head for horses and mules, are binding on the state courts.-Washington Horse Exchange v. Louisville & N. R. Co., N. C., 87 S. E. 941.

54. Covenants-Building Line.-Violations of a building line covenant by an inch or two are too trivial for aid in equity.-Forsee v. Jackson, Mo. App., 182 S. W. 783.

55. Tax Liens.-Purchaser of land subject to paramount tax lien, which the vendor warranted against legal claims of all persons, and which was sold under the tax lien and not redeemed, held entitled to recover the consideration of the vendor.-Congregation of Sisters of Perpetual Adoration v. Jane, Miss., 70 So. 818. a contract 56. Damages-Interest.-Where stipulate for did not provide a penalty nor liquidated damages for a breach, interest was not allowable by way of damages for a breach until after the damages were ascertained by & Elkins verdict or judgment.-Stevens Lewis-Wilson-Hicks Co., Ky., 182 S. W. 840.

V.

57. Death Dependency. Where father, mother, and minor children residing together are mutually dependent on the labor of the family, a minor child, the proceeds of whose labor comes into the common stock for the entire family, contributes to the mother's support so as to give her a right of action for his wrongful death.-City of Thomasville v. Jones, Ga. App., 87 S. E. 923.

58. Eyewitness.-In an action for death of employe, where there were no eyewitnesses as to what deceased was doing, or where he was at the time of his death, evidence that he was a careful man is admissible.-Greene v. L. Fish Furniture Co., Ill., 111 N. E. 725.

59. Dedication-Public Use.-Under Civ. Code 1910, 4171, one who by his acts dedicates land for public use cannot appropriate such land for private use after the public has entered into possession and used the land pursuant to the dedication, so that interruption of such use would materially affect public or private rights. -Gartrell v. McCravey, Ga., 87 S. E. 917.

60.-Public Use.-The conveyance of land for an avenue adjacent to a park and to be a part thereof, to be maintained as a "carriage avenue" subject to the rules of the park commissioners, indicated a purpose to dedicate for a public use.-Kennard v. Eyermann, Mo., 182 S. W. 737.

61. Dismissal and Nonsult-Voluntary Dismissal. The mere prospect of annoyance from second litigation in case of voluntary nonsuit is not legally prejudicial to defendant.-Southern Cotton Oil Co. v. S. Breen & Co., N. C., 87 S. E. 938.

62. Divorce Estoppel-Where a husband, after mistreating his wife, willfully deserts her, her failure to solicit a reconciliation and renewal of actual cohabitation will not preclude her from obtaining a divorce.-McKinney v. McKinney, W. Va., 87 S. E. 928.

63. Easements-Appurtenance-An easement appurtenant to lands cannot be severed by an act of the owner of the dominant estate; therefore a conveyance whereby the owner of the dominant estate attempted to transfer the easement to another is invalid.-Kixmiller v. Baltimore & O. S. W. R. Co., Ind. App., 111 N. E. 401.

64. -Prescription.-Thirty years' continuance of a ditch draining a populous community, which was afterwards incorporated as a town, will ripen into an easement, and one purchasing with notice land on which part of the ditch was located, with notice thereof, cannot obstruct it.-Town of Roper v. Leary, N. C., 87 S. E. 945.

65. Election of Remedies-Elements Constituting. Where, pending entry of decree of affirmance, one surety on a supersedeas bond died, and the judgment creditor presented a contingent claim to the representatives of his estate, and on its rejection brought action thereon in the superior court, such action was not an election of remedy, and did not bar his right to summary judgment in the Supreme Court. -Olson v. Seldovia Salmon Co., Wash., 154 Pac. 1107.

66. Electricity-Public Use. The sale of electrical power for traction purposes, light, manufacturing, etc., is not a public use, and the sale by a public service traction company of the difference between its ordinary requirements and its peak load is only an incident to the public employment, of which the law will take no notice.-State v. Spokane & I. E. R. Co., Wash., 154 Pac. 1110.

67. Res Ipsa Loquitur.-Where a person was killed by an electric shock when he took hold of a tin reflector attached to an incandescent light attached to a wire intended only for a current of low voltage, defendant's negligence could be inferred from the mere happening of the accident.-City of Thomasville v. Jones, Ga. App., 87 S. E. 923.

68. Eminent Domain-Defenses.-Where the city of Chicago was authorized to condemn an outlet through a strip of land on the bank of the Chicago River owner by the Chicago Sanitary District, the district cannot complain that the funds for the sewer outlet were furnished by the Union Station Company whose subsurface

furnished a building contractor, evidence that the owner had paid for the building was admissible to show that he regarded the building as finished and accepted.-J. F. Meyer Mfg. Co. v. Sellers, Mo. App., 182 S. W. 789.

ter

94. Municipal Corporation-City CouncilPermission given by a city council to maintain minor obstructions in a street may be minated at any time by the same or any succeeding council.-City of New Orleans v. Kaufman, La., 70 So. 874.

95.- Correcting Minutes.-Where the city clerk inadvertently omits a portion of a resolution authorizing a sidewalk assessment, the council may, eight months thereafter by resolution, no intervening rights of third parties having arisen, require that the minutes be corrected.-Owens v. City of Dalton, Ga., 87 S.

E. 913.

96.

-Legislature.-The Legislature may create any conceivable kind of public corporation for the more efficient administration of public affairs, and endow it and its officers with the powers and functions necessary and proper for the administration of the corporate powers and affairs.-Perkins v. Board of Com'rs of Cook County, Ill., 111 N. E. 580.

97. Police Power.-In the creation of a system of waterworks and its operation to protect against fire, for flushing sewers, or for other uses pertaining to the public health and safety, the city exercises the police power, and therefore a governmental function.-Eastern Illinois State Normal School v. City of Charleston, Ill., 111 N. E. 573.

98. New Trial-Impeachment of Verdict.—A juror cannot in support of a motion for new trial give testimony to impeach his verdict.Chicago, R. I. & P. Ry. Co. v. Brown, Okla., 154 Pac. 1161.

99. Officers-Powers.-An office created by the Legislature is wholly within that body's power, and it may prescribe the powers and duties of the incumbent, and from time to time change or impose additional duties upon officers elected or appointed.-Perkins v. Board of Com'rs of Cook County, Ill., 111 N. E. 580. 100.

Partition-Life Estate.-A life estate is no obstacle to the partition of a vested remainder when the extent of the shares is determinable.-Richardson v. Van Gundy, Ill., 111

N. E. 494.

101. Patents-Estoppel-Self-imposed limitations in the claims of a patent preclude the patentee from showing that the invention is broader than his claims, and he is deemed to have surrendered any surplus to the public.— Thacher v. Transit Const. Co., U. S. D. C., 228 Fed. 905.

102. Pledges-Pleading and Practice.-In an action on a note reciting that certain collateral was given to secure its payment, wherein the collateral was neither tendered nor accounted for, held error on demurrer to strike a plea alleging that the collateral was given and that plaintiff was unable to produce same.-Turner v. Commercial Savings Bank, Ga. App., 87 S. E. 918.

103. Principal and Agent-Liability.-Where an agent acting under general order to do work such as cutting timber, by mistake or otherwise, goes beyond the boundary, the principal is liable.-Lewis v, Guthrie, Ind. App., 111 N. E. 455.

Railroads-Bondholders.-Under

104. agreement between holders of bonds issued by defendant railroad securing its purchase of stock in another railroad held, that assent of such bondholders was necessary to a consolidation whereby their bonds were exchanged for new bonds secured by a consolidated mortgage. Continental Securities Co. v. New York Cent, & H. R. R. Co., N. Y., 111 N. E. 484.

105. Crossing Accident.-Though the Kansas statute required locomotives to be equipped with headlights, removal of a headlight from a locomotive propelling a snowplow will not. where the snow would have demolished it, render the railroad company liable for a crossing accident in that state.-McNeil v. Missouri Pac. Ry. Co., Mo. App., 182 S. W. 762

106. Liability.-Where a lumber company's employe was injured in the operation of a

train over the track of a railroad company under no obligation to him except to furnish a safe track, the railroad company was not liable for his death unless he was killed through a defect in the track.-Central of Georgia Ry. Co. v. Bessinger, Ga. App., 87 S. E. 920. 107.- Passenger.-One on railroad track, where train was expected, who, though awaiting the train, was not a passenger, and was reading, and made no effort to avoid danger, is not in the exercise of due care.-Youngerman v. New York, N. H. & H. R. Co., Mass., 111 N. E. 607.

to

108. Sales-Acceptance.-That the seller, after shipping the goods, wrote the buyer that he would draw for the money at a time earlier than that specified in the contract as the date of payment, and the buyer on account thereof refused to accept the goods, held not to justify the purchaser's refusal accept.-Southern Cotton Oil Co. v. Brown, Ga. App., 87 S. E. 921. 109. -Cross-Petition.-In an action on a note given for machinery, recovery may be had on a cross-petition for damages from breach of warranty of fitness of the machinery to do the work.-Murray Co. v. Palmer, Okla., 154 Pac.

1137.

111. Statutes Construction. The rule of ejusdem generis limiting the meaning of general words used in connection with specific enumerations to things of the class named does not apply where the context of the statute shows an intent to give such words a more extensive meaning and effect.-Gauley Coal Land Co. v. Koontz, W. Va., 87 S. E. 930.

112. Taxation-Mortgages.-Acts relating to taxation of mortgages do not apply to a mortgage executed by a railroad company to a trustee to secure its bonds, and it does not thereby avail itself of any rights, privileges, or advantages within Const. Amend. of 1891.-State v. Baltimore & O. R. Co.. Md., 96 Atl. 636.

113.- -Tax Sale.-Since notice of a tax sale of delinquent lands need not be recorded, neither a tax sale nor a tax deed can be set aside for any irregularity in it uness it appears the face of the proceedings.-Gauley Coal Land Co. v. Koontz, W. Va., 87 S. E. 930.

on

114. Trustee.-Personal property belonging to an estate held in trust is assessable to the trustee in his representative capacity at his residence or domicile.-Board of Sup'rs of Adams County v. Dale, Miss., 70 So. 828. 115. Wills Construction. A bequest of "3,000, share and share alike, to each one of my sisters," held a gift of that amount to each.Jenne v. Jenne, Ill., 111 N. E. 540. Construction.-Bequest to wife of household goods and "other chattel property" absolutely held not to include money in bank. -Strickland v. Strickland, Ill., 111 N. E. 592.

116.

117. Contingent Gift.-A gift over, contained only in a direction to pay and devise at the end of an intermediate estate, will not be deemed contingent, where by the utmost effort a contrary intention can be detected in the will. In re Lotz, N. Y. Sur. Ct., 157 N. Y. S. 685.

118.-- -Nieces and Nephews. In a will contest the law will not recognize that nieces and nephews are natural objects of the testator's bounty.-Barnes v. Phillips, Ind., 111 N. E. 419.

119.- Power of Appointment.-Where testator's will gave his property to his wife with power of control and disposition, whatever should be left on her death to go to their relatives, such relatives could not pursue the proceeds of the property sold by the wife.-Feegles v. Slaughter, Tex. Civ. App., 182 S. W. 10.

120. Remainder.-Under a gift of the remainder, on death of the life tenant, J., to the "issue" of J., to be distributed to such issue "per stirpes." a son of J. dying before him and after testatrix, the son's children take his share.In re Wienholz's Estate, N. Y. Sur. Ct., 157 N. Y. S. 677.