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tive damages must be reduced.-Kelmenson v. properly be directed.-In re St. John's Guild, Metropolitan Opera Co., 152 N. Y. S. 1002. 152 N. Y. S. 685. (D) Reversal.
ARGUMENT OF COUNSEL. Cw1170 (N.Y.) Failure in any duty of the
Trial Term to make findings supporting its de- See Criminal Law, Em707-730.
I. IN CIVIL ACTIONS. Fra 175 (N.Y.) Prior to the amendment of Cw35 (N.Y.) L'nder Code Civ. Proc. § 519, Code Civ. Proc. § 1346 (Laws 1914, c. 351), the subd. 4, authorizing arrest in an action on conCourt of Appeals could not reinstate a judg; tract on allegations of fraud in contracting the ment for plaintiff upon a verdict which had liability, held, that such allegation in action been erroneously reversed by the Appellate Di- for damages for wrongful discharge did not auvision on a question of law, but must remand thorize arrest.--Novotny v. Kosloff, 108 N. E. the case
to the Appellate Division.-Junkermann v: Tilyou Realty Co., 108 N. E. 190, 213 189, 214 N. Y. 12. X, Y. 404.
ASSAULT AND BATTERY. Since the amendment of Code Civ. Proc. $ 1316 (Laws 1914, c. 351), the Court of Appeals See Municipal Corporations, Owo 747. need not remand, to the Appellate Division for its consideration of the facts, a case in which
ASSESSMENT. the Appellate Division erroneously reversed a judgment for plaintiff rendered upon a verdict See Insurance, ww719; Municipal Corporaof a jury.-Id.
tions, www 108-513; Taxation, Com 310-496. wo 1175 (N.Y.Sup.) Where the complaint should have been dismissed below, the appellate court,
ASSETS. on reversal, may dismiss the action.--Cannon v. Fargo, 152 N. Y. S. 834.
See Partnership, 187. mm 1177 (N.Y.) On appeal from a judgment of reversal and dismissal of complaint by the Ap
ASSIGNMENTS. pellate Division before amendment of Code Civ. Proc. § 1346, by Laws 1914, c. 351, there being See Attorney and Client, emo132; Bankruptcy, evidence for the jury, and exceptions requiring
C140; Bills and Notes, 315; Chattel
Mortgages, s; Corporations, 114; a new trial, new trial will be granted.-Middleton v. Whitridge, 108 N. E. 192, 213 N. Y.
Discovery, Omw 73; Intoxicating Liquors, cm
103; Landlord and Tenant, w208; Replev499.
in, m8; Sales, en 475; Usury, w31. UND 1177 (N.Y.) Where the Appellate Division
reverses a judgment for plaintiff in a personal I. REQUISITES AND VALIDITY. injury action, because plaintiff was negligent, (A) Property, Estates, and Rights Assignas a matter of law, it need not direct a new
able. trial, but can dismiss the complaint.-Peterson v: Ocean Electric Ry. Co., 105 X. E. 199, 214 Cm 24 (N.Y.Sup.) A complaint on an assigned N. Y. 43; Id., 108 N. E. 200.
claim for malicious prosecution held properly 1178 (N.Y.Sup.) In suit involving owner for personal injury, within Code Civ. Proc.
dismissed as being on a nontransferable claim ship of a fund paid into court, tried under a $ 1910 (now Personal Property Law, $ 41), and misapprehension of the issues, held, that new section 3343, subd. 9. -Assets Collecting Co. v. trial would be ordered.--Oliner v. Goldenberg, Myers, 152 N. Y. S. 930. 152 N. Y. S. 235.
(B) Mode and Sufficiency of Assignment. ARBITRATION AND AWARD.
31 (N.Y.Sup.) An agreement held not an See Reference.
assignment by an officer and attorney of a say-
Savings & Loan Co., 152 N. Y. S. 4.
m57 (N.Y.Sup.) Notice to a debtor of the as
signment of a debt is unnecessary.-Doughty v. Com28 (N.Y.Sup.) Under Code Civ. Proc. $ Weston, 152 N. Y. S. 1035. 2369, where arbitrators were not sworn, waiver of oath not having been made, the objection
IV. ACTIONS. was fatal.-In re St. John's Guild, 152 N. Y. S, 085.
cm 131 (N.Y.Sup.) A complaint on a claim asIII. AWARD.
signed by a receiver, merely alleging assign
ment to plaintiff, without alleging the action or m?! (N. Y.Sup.) Under Code Civ. Proc. $ proceeding wherein the receiver was appointed, 2374, where the only objection to the award or order or judgment in which his title to the is that the arbitrators were not sworn, the cause of action could be legally deduced or pretime set by the submission not having expired. sumed, is defective.- Assets Collecting Co. v. a rehearing before the same arbitrators may Myers, 152 N. Y. S. 930.
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER
ASSIGNMENTS FOR BENEFIT OF another as attorney of record.— Vandyke P.
Webb, 152 X, Y, S. 508.
Where an assignor for creditors refused to
aid the trustee in collecting claims assigned, the trustee held entitled to compensation for seri
ices in attempting to collect claims.-Id. I. REQUISITES AND VALIDITY. Interest held not allowed on compensation for (B) Form and Requisites of Instruments. services under an assignment for benefit ví On 54 (N.Y.Sup.) Assignment of certain claims
creditors.--Id. to chairman of committee of creditors held not
Iw391 (N.Y.Sup.) Where a trustee for benefit required to conform to Debtor and Creditor of creditors settled claims due the assignor of Law, $ 3, as to assignments for benefit of cred the refusal of the latter to assist in enforcing the itors.-Doughty v. Weston, 152 X. Y. S. 1035. full amount due, the trustee could only recover
the usual commissions on the amount collected. IV. ADMINISTRATION OF ASSIGNED --Vandyke v. Webb, 152 N. Y. S. 508.
I. NATURE AND GROUNDS. aid the trustee in collecting claims assigned, the
(B) Grounds of Attachment. trustee held entitled to compensation for expenses incurred in attempting to collect claims. defendants held suflicient to justify attachment.
25 (N.Y.Sup.) Evidence of nonresidence of -Id. Where a trustee for benefit of creditors made Bank of New York v. Martin, 152 X. 1. S. 654.
under Code Civ. Proc. $636,--Gotham Vat. advancements to the assignor, to be repaid out of receipts on claims assigned, but the claims III. PROCEEDINGS TO PROCURE. were not collected because of the assignor's misconduct, the advances
chargeable against the estate.--Id.
www97 (W.Y.Sup.) Allegation in affidarit for Cw268 (N.Y.Sup.) A trustee, under
attachment made by principal in the transa signment to collect claims and apply the pro
tion as to nonresidence held presumptively made ceeds to the payınent of creditors of the as
upon knowledge and suflicient to sustain the al signor, suing on a claim. the expenses incurred tachment.- Miller v. Jones, 152 N. Y. S. 739. are chargeable against the estate.-- Vandyke v.
Cow 102 (N.Y.Sup.) In action for goods sold and Webb, 152 N. Y. S. 508.
delivered, allidavit held sufficient to sustain at
tachment.--Miller v. Jones, 152 N. Y. S. 73%.
ATTORNEY AND CLIENT.
318, 390; Corporations, C37742; Crimi
238; Principal and 'Agent, 8: Stipuls: Com 318 (X,Y.Sup.) Compensation of attorney
tions, Om13; Witnesses, ww202, 206.
I. THE OFFICE OF ATTORNEY.
(A) Admission to Practice. question, where the court made the principal 4 (N.Y.) "Science" on which Court of Ap research.- Vandyke v. Webb, 152 N. Y. S. 508. peals Rules' 4 (48 X. E. vi), regulating admis
sion to the bar, requires a preliminary examine
Grout, 105 X. E. 83, 214 N. Y. 39.
a preliminary examination of law students and 1035.
cannot be required in economics.-Id. VII. ACCOUNTING, SETTLEMENT,
ww4 (N.Y.Sup.) Work in a law office during AND DISCHARGE OF
law school vacations will not make up the me ASSIGNEE.
tinuous year of clerkship required by the rules
for admission to the bar.-In re McGarey, 19 Cw390 (N.Y. Sup.) A trustee for the benefit of N. Y. S. 3:24. creditors of the assignor may not recover for Work in a law office during the last year in legal services performed by him in the name of law
school is not a compliance with the rules
Bankruptcy of court, requiring a year's clerkship at practical office work during the usual business
See Assignments for Benefit of Creditors; LimII. RETAINER AND AUTHORITY.
itation of Actions, C55; Process, w168;
Sales, 479; Trusts, en 6212. 92 (N.Y.Sup.) While a client is represented by bis attorney, the refusal of such attor
III. ASSIGNMENT, ADMINISTRATION, ney to try a case before a judge having the
AND DISTRIBUTION OF BANKright to hear it is as binding upon the client
RUPT'S ESTATE. as any other act of the attorney at the trial. (B) Assignment, and Title, Rights,
and -Kugelman v. Katz, 152 N. Y. S. 365.
Remedies of Trustee in General. III. DUTIES AND LIABILITIES OF AT. Em 140 (N.Y.Sup.) Where the assignee of a TORNEY TO CLIENT.
contract for the purchase of an article on in
stallments became bankrupt, the trustee sucOm 112 (N.Y.Sup.) Where an infant plaintiff ceeded to all the rights of the assignee, subject failed to sign papers for the appointment of a
to the seller's right to retake the article for nonguardian ad litem, held, that attorneys were payment.-Breakstone v. Buffalo Foundry & not liable for delay in instituting suit.-Zeitlin Machine Co., 152 N. Y. S. 394. v. Morrison, 152 X, Y. S. 1000.
Om 140 (N.Y.Sup.) Property conveyed to holdw 117. (N.Y.Sup.) Plaintiff corporation, prac
er of legal title by the wife of an insolvent, such ticing law in violation of Penal Code, '$ 280, wife having held in trust for her grantee, held held not thereby precluded from recovering on
not subject to trust in favor of such insolvent's an accounting against defendant attorney, re- creditors after his adjudication in bankruptcy.tained by it to conduct the litigation for mon- Arbury v. De Niord, 152 N. Y, S. 763. eys received by him in his employment.-United States Title Guaranty Co. y. Brown, 152 N. Y. (C) Preferences and Transfers by Bank
rupt, and Attachments and
of an insolvent to its beneficial owner, held not
to be impressed with trust for benefit of insol(A) Fees and Other Remuneration.
vent's creditors under the national Bankruptcy mm 132 (N.Y.) Under Code Cr. Proc. $ 308, Act, where he had worked a preference by pitproviding for assignment of counsel to one ar- ting his funds into such property more than raigned without counsel, held that relators were four months before his adjudication as a banknot entitled to allowance of counsel fee.--People rupt.-Arbury v. De Niord, 152 N. Y. S. 763. ex rel. Van Doren v. Prendergast, 108 N. E. 183, 214 N. Y. 16.
(E) Actions by or Against Trustee. Om 140 (N.Y.Sup.) Allowance of third of any
296 (N.Y.Sup.) Where a receiver is apsum recovered by plaintiff to his attorney, on substitution of attorney, held not excessive.- pointed in a suit by a trustee in bankruptcy
to set aside conveyances, the money recovered Restivo v. Bradley Contracting Co., 152 N. Y. therein should not be appropriated by the trus
tee, but paid first to the receiver.-Hull v. FifCows 150 (N.Y.) An attorney whose client dis ty-Second St. Storage House, 152 N. Y. S. 363. continues the litigation, for the conduct of Under Bankruptcy Act, as amended, state which the attorney was to receive a contingent and federal courts have concurrent jurisdiction fee, can recover only for the value of services of a suit by a trustee to set aside conveyances already rendered.- Andrewes v. Haas, 108 N. by the bankrupt.-Id. E. 423, 214 N. Y. 255.
(F) Claims Against and Distribution 01 (B) Lien.
Estate. em 174 (N.Y.) Under common-law rule and Ju- 315 (N.Y.Sup.) Judgment against city marATTO! diciary Law, $ 475, an attorney employed at an
sbal for paying attached rents to attaching credannual salary has no lien for unpaid salary on itor with notice of assignee's claim held provproceeds of a judgment procured by him after able in bankruptcy.-U]ner v. Doran, 152 N. Y. his general employment.-In re Heinsheimer, S. 655. 108 N. E. 636, 214 N. Y. 361.
326 (V.Y.Sun.) A trustee in bankruptey,
substituted as defendant for bankrupt in replerAUTHORITY.
in by plaintiff, claiming under a transfer from
the bankrupt, could under Code Civ. Proc. $ See Principal and Agent, Cw115, 119.
501, set up as counterclaim his right to avoid
the transfer under the Bankruptcy Act.-GleaAUTOMOBILES.
son v. Bush, 152 N. Y. S. 54. See Master and Servant, Cam 330; Municipal
V. RIGHTS, REMEDIES, AND DISCorporations, 703; Trial, Cw110.
CHARGE OF BANKRUPT.
Com 423 (W.Y.Sup.) Judgment against city mar
shal for paying attached rents to attaching credSee Arbitration and Award, Cow 71.
itor with notice of assignee's claim held provFor cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER
2 CLE" S. 326.
able in bankruptcy and released by the dis- 1 slips and the ledger of the bank.- Jennings charge.--Ulner v. Doran, 152 N. Y. S. 65). Lincoln Nat. Bank, 152 N. Y. S. 1. Om433 (N.Y.Sup.) Under Code Civ. Proc. $ 1391, execution against wages held not a lien
(D) Collections. on wages subsequently becoming due after debt-m 175 (N.Y.Sup.) In an action against a tant or's discharge in bankruptcy.- Ulner v. Doran, for negligence in having failed to present a se 152 N. Y. S. 6.3.
for payment, so as to charge the indorser, eviUnder Code Civ. Proc. § 1391, upon debtor's dence held improperly excluded.-Gilpin 5.0 discharge in bankruptcy, execution against wag. lumbia Wat. Bank, 152 N. Y. S. 619. es should be modified: but, until modified, mon Such indorser's insolvency held matter of de eys collected are properly payable to the judg. fense, with the burden of proring it opon le ment creditor.-Id.
Costs taxed against holder of pote in bis 10BANKS AND BANKING.
successful action against such indorser held at
recoverable against the bank.-Id. See Appeal, 1050; Bills and Notes, Ow92; Dismissal and Sonsuit, 36; Judgment,
(E) Loans and Discounts. Cm735; Set-Off and Counterclaim, Cm36. Cwww 181 (N.Y.Sup.) Under Banking Law. $ite
in a suit on a note for $80, carrying usurimis II. BANKING CORPORATIONS AND interest, taken by plaintiff, a private haak-r. ASSOCIATIONS.
judgment for rent
amount of the note, with legal interest; Pack (E) Insolvency and Dissolution.
ing Law, § 314, having no application. -Clarge www82 (N.Y.Sup.) One resorting to equity to
v. Taylor, 152 N. Y. S. 661. obtain set-off must show that he has no adequate remedy at law; but in view of Code Civ.
IV. NATIONAL BANKS. I'roc. $ 501, subd. 2, a bank suing an indorser Cw235 (N.Y.City Ct.) The Comptroller of the had burden of overcoming defense of set-off Currency must take notice of and be gorersed by proving financial condition of primary ob- by the decisions of the courts.-Willians 5. ligor. -Carnegie Trust Co. v. Kistler, 152 N. Frank Levy, Inc., 152 N. Y. S. 451. Y. S. 240.
V. SAVINGS BANKS. III. FUNCTIONS AND DEALINGS.
Cu 290 (N.Y.Sup.) Plaintiff, having rendered (C) Deposits.
legal services to a savings bank, keld entiti Cam 127 (N.Y.Sup.) Where a properly indorsed to recover the difference between the actual check is deposited in a bank, in the absence operating expenses and the statutory limit of special agreement it becomes the owner of placed on such expenses, where the amount be the check, agreeing to pay the amount at the was to receive brought the total berond the purchaser's request. People v. Fowler, 152 V. limit.--Gibbs v. Knickerbocker Savings & Loan Y. S. 672.
Co., 152 N. Y. S. 4. Cw135 (N.Y.Sup.) Under Code Civ. Proc. $em 306 (W.Y.Sup.) Evidence held insuficient to 501, subd. 2, an indorser, liable to an insol- justify a finging for defendant sa rings bans in vent bank after protest and notice, was enti- an action against it for payment of plaintin's tled to set off the balance due from the bank funds on a forged order.-Robesteien F. Frank upon his deposit.-Carnegie Trust Co. v. Kistler, lin Savings Bank, 152 N. Y. S. 227. 152 N. Y. S. 240.
307 (N.Y.Sup.) Where stock of a sarines In action by receiver of insolvent bank upon bank was surrendered and canceled, so as to in note held by bank, held, that set-off of bank's crease its assets, a merger agreement, apprised indebtedness to defendant on a deposit did not by the superintendent of banks, who understand violate state Banking, Law or the National the way the assets were increased, is not inBanking Act as to preferences.-Id.
valid, as the result of fraud or conspiracs:Omw 139 (N.Y.Sur.) A bank, which pays checks Gibbs v. Knickerbocker Savings & Loan can after the death of the drawer with no knowl- 152 N. Y. S. 4. edge of his death, is not liable for the amount thereof.-In re Stacey's Estate, 152 N. Y. S. VI. LOAN, TRUST, AND INVESTMENT 717.
COMPANIES. Death of drawer of check held to revoke payee's authority to receive the money thereon, ww315 (N.Y.Sup.) A trust company, organitand the money remained the property of the ed under Laws 1887, c. 546, held authorized to estate.-Id.
section 21, subd. 11, to accept a deposit with
which to acquire stocks of other concernscm 140 (N.Y.Sur.) The giving of a check does Madison Trust Co. v. Carnegie Trust Co., 152 not operate to transfer the amount thereof from N. Y. S. 517. the depositor to the holder of the check until it has been accepted by the bank.-In re Stacey's ecutive committee of a trust compaus, held t?
A director, who was a member of the es. Estate, 152 N. Y. S. 717.
have authority to accept for it an arrangpatit Cum 154 (N.Y.Sup.) In an action by a depositor to act as trustee of a deposit to be used for at against a bank, evidence held insufficient to quiring stocks of other companies.-Id. sustain a verdict that the depositor had made The vice president of a trust company, wba only one deposit of a certain amount, and not Was authorized to act in the president's ab two, as appeared in her passbook and duplicate' sence, may accept for the company an agree
ment for it to receive a deposit and expend the IV. NEGOTIABILITY AND TRANSFER. some in acquiring named stocks.-Id.
(A) Instruments Negotiable. That checks for funds received by a trust company on certain trusts were transferred to Em 155 (N.Y.Sup.) A note due 90 days aftone of its directors does not change its lia- er date held nonnegotiable, because of the stipubility.-Id.
lation that payment shall not be made until 07317 (N.Y.Sun.) Under Lars 1992, c. 689. the Post Office Department accepts the maker's I. $ 156, 158, and Banking Law, $ 190, the bene building.--Devine v. Price, 152 N. Y. S. 321. et ficiary of a private trust held not to have a
(B) Transfer by Indorsement. Po preference over general creditors of a trust_com
pany. - Madison Trust Co. v. Carnegie Trust Cn. 198 (N. Y.Sup.) Where a check was indorsed ent: Co., 152 N. Y. S. 517.
by the writing of the payee's name on the back, In equity the beneficiaries of a trust fund title passed to the indorsee.--People y. Fowler, wat held not entitled to any preference over the gen 152 N. Y. S. 672. eral creditors of a trust company.-Id.
V. RIGHTS AND LIABILITIES ON INBASTARDS.
DORSEMENT OR TRANSFER. We See Paupers, On 21.
(A) Indorsement Before Delivery to or
Transfer by Payee. I. ILLEGITIMACY IN GENERAL. Ons 245 (N.Y.Sup.) After a note was protested Cw! 2 (N.Y.Sup.) Under Laws 1895, c. 531, and notice given to the indorser, he became lapreviously-born children of a couple, who after ble, not as a surety, but independently of the the removal of impediments became by agree- liability of the maker.-Carnegie Trust Co. v. ment lawful husband and wife, were legitima- Kistler, 152 N. Y. S. 240. tized.-Summo v. Snare & Triest Co., 152 N. Y. Pas 256 (N.Y.) Where a note signed and inS. 29.
dorsed by several was canceled, except as to one
indorser, the cancellation which was unauthorIII. PROCEEDINGS UNDER BAS- ized did not affect the validity of the remaining TARDY LAWS.
indorsement.-I'nion Bank of Brooklyn v. SulCom 65 (N. Y.Sup.) In bastardy proceedings, evi- livan, 108 N. E. 558, 214 N. Y. 332. BANES dence held sufficient to show that defendant Cm 266 (N.Y.Sup.) Whether three indorsers be
was father of plaintiff's illegitimate child.- came joint sureties for the maker of the note, Commissioner of Public Chårities of City of or liable as successive indorsers, one paying the New York v. Vassie, 152 N. Y. S. 496.
note at maturity became entitled to contribution In bastardy proceedings, there is no necessity from her coindorsers.-Strasburger v. Myer that the testimony of the plaintiff be corrobo- Strasburger & Co., 152 N. Y. S. 757. rated.--Id.
(B) Indorsement for Transfer. BENEFITS.
C273 (N.Y.CityCt.) Under Negotiable InstruSee Insurance, 0815.
ment Law, $$ 39, 74, an indorsement on a note signed by a church, bearing the names of the
finance committee, held not to make the memBEQUESTS.
bers of the committee personally liable.-Chelsea See Wills.
Exch. Bank First United Presbyterian
Church, 152 N. Y. S. 201.
(C) Assignment or Sale. See Carriers, m30, 89, 159.
315 (N.Y.Sup.) The assignee of notes takes
them subject to any defense or counterclaim BILL OF PARTICULARS.
good as against the assignor.-Smith v. Hedges, See Pleading, w318.
152 N. Y. S. 95. BILLS AND NOTES.
VI. PRESENTMENT, DEMAND, NO
TICE, AND PROTEST.
Chattel Mortgages, W242; Dismissal and Law, $$ 130, 140, presentment of note for pay-
396 (N.Y.City Ct.) Under Negotiable In
struments Law, § 167, assistant treasurer of (E) Consideration,
corporation, signing its note as such, and inww92 (N.Y.) A note given by stockholders and dorsing it, and who by his own act had actual directors to a bank, so as to protect its sur knowledge of its dishonor by nonpayment, held plus, held supported by a valuable consideration. liable as an indorser without formal written no
Union Bank of Brooklyn v. Sullivan, 108 N. tice of dishonor.-Wm. S. Merrell Chemical Co. E. 558. 214 N. Y. 332.
v. Root, 152 X. Y, S. 368. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER