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V.

of the ground on which it stands.-Green V.

APPEAL. Horn, 151 N. Y. S. 215.

See Costs, $ 250; Courts, $ 190; Criminal Law, (F) Hostile Character of Possession,

88 1004-1186 ; Divorce, § 184 ; Eminent Do$ 58 (N.Y.Sup.) Mere possession for 20 years

main, 88 253, 254; Execution, 8 418; Homi. not hostile in character, will not ripen into title.

cide, $8 325, 310; Justices of the Peace, si - Meighan v. Rohe, 151 N. Y. S. 785.

185, 190. $ 60 (N.Y.Sup.) Possession for a long term of 1. NATURE AND FORM OF REMEDY. years, which originally was not adverse, held not to have ripened into adverse title.—Meighan $ 1 (N.Y.) The state can restrict the right of v. Rohe, 151 N, Y. S. 783.

appeal in an action, though a party is insisting

upon a federal right which the state Cannot III. PLEADING, EVIDENCE, TRIAL, deny.-Tyndall v. New York Cent. & H. R. R. AND REVIEW.

Co., 107 N. E. 577. $ 114 (N.Y.Sup.) In proceedings to acquire

III. DECISIONS REVIEWABLE. land for public use, evidence held to require a finding that claimant company had acquired title

(D) Finality of Determination. to the land by adverse possession.-In re Wil- $ 84 (N.Y.) An order of the Appellate Divilard Parker Hospital, 151 N. Y. S. 641. sion, reversing order of Special Term denying

$114 (N.Y.Sup.) Evidence held sufficient to defendant's motion, held, under Code Civ. Proc. support a finding that defendant had title to $ 190, appealable to the Court of Appeals as a premises, by adverse possession.-French final judgment.-- Trust Co. of America v. United Wray, 151 N. Y. S. 1015.

Boxboard Co., 107 N. E. 574, 213 N, Y. 334. $ 115 (N.Y.Sup.) Whether a building on a lot was so situated that it was an occupation of the (E) Nature, Scope, and Effect of Decision. whole lot was a question for the jury.-Green § 120 (N.Y.Sup.) No appeal lies from an orv. Horn, 151 N. Y. S. 215.

der of the Appellate Term granting or denying

a motion.-In re Fred, 151 N. Y. S. 229. AFFIDAVITS.

IV. RIGHT OF REVIEW. See Evidence, & 251; Judgment, $$ 159, 167; (B) Estoppel, Waiver, or Agreements AfVenue, $ 68.

fecting Right. AGENCY.

$ 163 (N.Y.Sup.) Plaintiff waived his right See Principal and Agent.

of appeal from an order opening default judz.

ment by accepting and retaining the costs fixed AGREEMENT.

by the court as terms for the granting of the

motion.-Green v. Jereissati, 151 N. Y. S. 989. See Mortgages, $ 283.

V. PRESENTATION AND RESERVA. AGRICULTURE.

TION IN LOWER COURT OF See Food, $ 5.

GROUNDS OF REVIEW.

(B) Objections and Motions, and Rulings ALDERMEN.

Thereon. See Municipal Corporations, 88 123, 129.

$ 185 (N.Y.Sup.) Objections going to the ju

risdiction may be raised for the first time on ALIENS.

appeal.-Meighan v. Rohe, 151 N. Y. S. 785.

203 (N.Y.Sup.) An objection to defects in See Executors and Administrators, $ 24. the proof, which were merely technical, will

not be considered, when not presented below.ALTERATION OF INSTRUMENTS. Baker v. Donlin, 151 N. Y. S. 433.

§ 203 (N.Y.Sup.) Admission in evidence of $ 27 (N.Y.Sup.) In an action on a note, the the unsworn statement of a child is not ground burden of explaining an alteratiou on its face for reversal where no objection was made in the was on the plaintiff.- Eisner v. Crommette, 151 trial court.-Gavrilutz v. Savage, 151 N. Y. N. Y. S. 3.

S. 808. $ 29 (N.Y.Sup.) In an action on a note, where

$ 237 (N.Y.Sup.) The failure of defendant to plaintiff's explanation of alterations on its face was inadequate, judgment for plaintitf will be there was a jury question, where the evidence is

move for a directed verdict is an admission that reversed, and defendant given a new trial.-Eis- unsatisfactory, and a verdict for the balance ner v. Crommette, 151 N. Y. S. 3.

which plaintiff testified to be due will be affirm

ed.-Smith v. Ham, 151 N. Y. S. 998. AMBASSADORS AND CONSULS. See Executors and Administrators, $ 24.

VII. REQUISITES AND PROCEEDINGS

FOR TRANSFER OF CAUSE. AMBIGUITIES.

(D) Writ of Error, Citation, or Notice. See Evidence, § 452.

$ 417 (N.Y.Sup.) When an appeal is allowed

from the Appellate Term by the justices thereof, ANIMALS.

or by a justice of Appellate Division, a notice

of appeal, specifically setting forth the determi. See Justices of the Peace, $ 99.

nation and the order entered thereon, is suffi

sume

cient.--Locomobile Co. of America v. Nichols, | Lehrer v. Supreme Lodge Knights and Ladies 151 N. Y. S. 1010.

of Honor, 151 N. Y. S. 991.

$ 1064 (N.Y.Sup.) An erroneous instruction XVI. REVIEW.

that plaintiff need not show right to possession (C) Parties Entitled to Allege Error. held harmless, where he did show it.-Pratt v.

Prentice, 151 N. Y. S. 259. 878 (N.Y.Sup.) The rule that an appellee

to can only be heard in support of a decree where burden of proof held prejudicial error. -Stein

$ 1064 (N.Y.Sup.) Error in charging as he takes no cross-appeal is still applicable to the Appellate Division, notwithstanding the man v. Henry Morgenthau Co., 151 N. Y. S.

886. enlargement of its powers by Laws 1912, c. 380, amending Code Civ. Proc. § 1317.-People

$ 1066 (N.Y.Sup.) In absence of evidence that V. Steeplechase Park Co., 151 N. Y. S. 157.

the negligence of plaintiff's intestate contributed

to his injury, an instruction that the burden of (E) Presumptions.

proving contributory negligence was on defend$931 (N.Y.) The appellate court will not pre- simmons v. Isman, 151 Ń. Y. S. 552.

ant, although erroneous, was harmless.-Fitza finding which would be inconsistent with and necessitate a reversal of the judgment.

1071 (N.Y.Sup.) The failure of the court to ---People v. Santa Clara Lumber Co., 107 N. E. file findings of fact and conclusions of law held 495, 213 N. Y. 226.

harmless, under Code Civ. Proc. $ 1317, where

the conclusions to be drawn from the evidence $ 936 (N.Y. Sur.) In view of Code Civ. Proc. $8° 2589, 2745-2747. held, that it would be pre 151 N. Y. S. 191.

were apparent.-Catskill Nat. Bank v. Lasher, sumed that costs allowed by the Appellate Division were merely the costs of appeal, and did (J) Decisions of Intermediate Courts. not include costs in the proceeding in the Surrogate's Court.-In re Wright's Estate, 151 N. Code Civ. Proc. $ 191, subd. 4, a unanimous

8 1091 (N.Y.) Under Const. art. 6, § 9, and Y. S. 378.

affirmance by the Appellate Division requires (F) Discretion of Lower Court. the Court of Appeals to presume that there was $ 971 (N.Y.Sup.) Rulings on the qualifications engaged in interstate commerce.-Tyndall v.

evidence for a finding that deceased was not of expert witnesses are not reviewable, if there New York Cent. & H. R. R. Co., 107 N. E. is some fair proof to sustain them.-New York 577. Cent. & H. R. R. Co. v. Newbold, 151 N. Y. S. 732.

$ 1091 (N.Y.) Where a judgment of the trial

court is unanimously affirmed by the Appel(G) Questions of Fact, Verdicts, and Find- late Division, the Court of Appeals musť asings.

sume that there was ample evidence to support $ 1001 (N.Y.Sup.) A verdict supported only by 213 N. Y. 589.

the judgment.-Simon v. Etgen, 107 N. E. 1066, evidence erroneously admitted over objections that it was incompetent, under Code Civ. Proc.

$ 1094 (N.Y.) While reversal by the Appel§, 831, will be reversed.-Titus v. Spencer, 151 late Division on the facts is not reviewable, N. Y. S. 515.

its further dismissal of the complaint for insuffi

cient evidence is reviewable, notwithstanding (H) Harmless Error.

Code Civ. Proc. $ 1317, as amended by Laws

1912, c. 380.-Faber v. City of New York, 107 $ 1039 (N.Y.Sup.) That plaintiff without no- N. E. 756, 213 N. Y. 411. tice applied to open a default in furnishing a bill of particulars on defendant's motion to late Division affirming judgment for plaintiff re

$ 1094.(N.Y.) Where an order of the Appelpreclude the introduction of evidence held harm, cited concurrence of all justices except one, who less to defendant.--Driscoll v. New York ·Veal dissented on the allowance of interest, plaintiff & Mutton Co., 151 N. Y. S. 647.

could invoke the unanimous affirmance rule.$ 1046 (N.Y.Sup.) In summary proceeding by Simon v. Etgen, 107 N. E. 1066, 213 N. Y. landlord, denial of tenant's right to close the 589. case to the jury held prejudicial error, where the only issue tried was that as to an alleged exten- XVII. DETERMINATION AND DISPO. sion of the lease.-Nagel Realty Co. v. Freund,

SITION OF CAUSE. 151 N. Y. S. 517.

(C) Modification. $ 1050 (N.Y.Sup.) Evidence of a custom not to furnish lashings with a derrick held harmless, inent not credited on the judgment below, held,

$ 1151 (N.Y.Sup.) Defendant, proving paywhere the subcontractor who used the derrick though not appealing, to credit therefor on apused its own lashings.-Farelli v. Charles T. peal, with costs of appeal.-Green v. Jereissati, Wills Co., 151 N. Y. S. 541.

151 N. Y. S. 989. § 1050 (N.Y.Sup.) Erroneous admission of defendant's books and testimony of his bookkeeper

(D) Reversal. to show nondelivery of goods held prejudicial. 81170 (N.Y.Sup.) Under Code Civ. Proc. $ Winder v. Pollack, 151 N. Y. S. 870.

1317, requiring the court on appeal to disregard $ 1056 (N.Y.Sup.) The exclusion of a writ- technical errors, it was not reversible error to ing, which defendant claimed plaintiff had ad- charge that plaintiff was not guilty of contribumitted contained the terms of an oral contract tory negligence, if he observed the ordinary debetween them, held prejudicial to defendant.-gree of care to be expected of one of his age,

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER

Court.

considering the rest of the charge.-Dunn v.

APPLIANCES. Ruppert, 151 N. Y. S. 662.

$ 1175 (N.Y.) As regards power of the Appel- See Master and Servant, 88 101-129. late Division to dismiss the complaint for insufficiency of the evidence, it may not disregard

APPOINTMENT. testimony for plaintiff, based on estimates of See Executors and Administrators, 8 17; Guardsize, because defendant's witnesses had made

ian and Ward, 88 13-15. measurements.-Faber v. City of New York, 107 N. E. 756, 213 N. Y. 411.

APPORTIONMENT. 81175 (N.Y.Sup.) Though, in action to determine claims to real property, undisputed evi- See Taxation, § 913. dence showed resulting trust in defendants' favor, judgment for defendants held not to be ARBITRATION AND AWARD directed; it not being clear that the evidence had been fully developed.-O'Brien v. Gill, 151 See Contracts, § 127; Reference. N. Y. S. 682.

ASSENT. § 1177 (N.Y.Sup.) In action to enjoin railroad's removal of a switch and siding construct- See Contracts, $ 98. ed under an agreement, held that, on reversing a judgment for plaintiff, there should be a new

ASSESSMENT. trial to determine the nature of previous changes of the siding and whether they were within See Municipal Corporations, $8 408-503; Tasthe agreement.-Adikes v. Long Island R. Co.,

ation, § 386. 151 N. Y. S. 49.

ASSETS. $1177 (N.Y.Sup.) A judgment entered upon a See Trade-Marks and Trade-Names, $ 23. confusing agreed statement of facts will be reversed and the cause remanded for new trial.

ASSIGNMENTS. Mistretta v. Familiar Ass'n of Mut. Benevolence, 151 N. Y. S. 518.

See Action, $ 65; Assignments for Benefit of

Creditors; Banks and Banking, § 305; (F) Mandate and Proceedings in Lower Drunkards, $ 5; Estoppel, $ 102; Evidence,

$ 419; Insurance, $ 214; Mechanics' Liens, $ $ 1194 (N.Y.Sup.) A judgment of the

114; Mortgages. $$ 151, 213, 239, 244; Patlate Division, passing on the sufficiency of the ents, $ 195; Wills, 8 743. complaint, held not to conclude the question of the jurisdiction of the court over the subject 1. REQUISITES AND VALIDITY. matter.-Eldert v. Cross Country R. Co., 151 (A) Property, Estates, and Rights AssignN. Y. S. 441.

able. $ 1195 (N.Y.Sup.) Determination on a prior 8 23 (N.Y.Sup.) An assignment of a claim for appeal that proof of negligence resulting in de- breach of contract of hiring, in writing, and cedent's death was insufficient held the law of made to a membership corporation composed of the case on retrial.---Huscher v. New York & ball players formed to protect their interests, is Queens Electric Light & Power Co., 151 N. Y. valid.-Baseball Players' Fraternity v. Boston S. 144.

American League Baseball Club, 151 N. Y. S.

557. XVIII. LIABILITIES ON BONDS AND

IV. ACTIONS.
UNDERTAKINGS.

$ 131. (N.Y.Sup.) Where paragraph 3 of a $ 1232 (N.Y.Sup.) An appeal bond given by a complaint merely alleged the assignment of judgment debtor in supplementary proceedings the cause of action to plaintiff, defendant's de held to estop him, after affirmance, to question nial of information or knowledge sufficient to the legality of the fine for contempt thereafter form a belief as to that paragraph was sufficient imposed.-Soule y. Lookstein, 151 N. Y. S. 67. to put in issue the fact of the assignment.

Cohen v. Wolff, 151 N. Y. S. 936.
APPEARANCE.

$ 137 (N.Y.Sup.) Testimony by a witness, not

shown to be an officer of a corporation, that he See Bastards, § 47.

assigned a claim due it, held not enough to $ 8 (N.Y.Sup.) Voluntary appearance, to be warrant plaintiff in recovering as assignee of effectual to confer jurisdiction, must be with the corporation.--Cohen v. Wolff, 151 y. Y. knowledge that there is an action pending and S. 936. with the intention to appear.--Duimo v. Arbuckle, 151 N. Y. S. 669.

ASSIGNMENTS FOR BENEFIT OF $9 (N.Y.Sup.) A general appearance by defendant can only be made as prescribed by

CREDITORS. Code Civ. Proc. $ 421.-Duimo v. Arbuckle, 151 See Bankruptcy; Trade-Marks and TradeN. Y. S. 669.

Names, $ 37. 8.19 (N.Y.Sup.) Where a nonresident defendant was not served, the court acquired no juris- II. CONSTRUCTION AND OPERATION diction of him by the unauthorized general ap

IN GENERAL. pearance for him of attorneys for his codefend $ 179 (N.Y.Sup.) An assignee for benefit of ant.-Duimo v. Arbuckle, 151 N. Y. S. 669. creditors of an assignor, who had executed a

chattel mortgage fraudulent as against credi I. THE OFFICE OF ATTORNEY. tors, takes title unaffected by the mortgage.

(C) Suspension and Disbarment. Baillargeon v. Dumoulin, 151 N. Y. S. 112.

$ 38 (N.Y.Sup.) An attorney, instituting, for IV. ADMINISTRATION OF ASSIGNED his client several actions against defendant, ESTATE.

held guilty of professional misconduct by abuse § 234 (N.Y.Sup.) Where a chattel mortgage, tice.--In re Krause, 151 N. Y. S. 299.

of process, justifying his suspension from pracexecuted by an assignor for benefit of creditors, was fraudulent, there was no consideration for a

$ 44 (N.Y.Sup.) An attorney receiving $280 delivery by the assignee of the mortgaged chat from a client to pay over to another, and havtels to the mortgagee.- Baillargeon v. Dumou- ing paid over only $40 and converted the ballin, 151 X. Y. S. 112.

ance, held guilty of misconduct warranting disefit of creditors had assigned a chattel mortgage barment of an attorney, for fraud upon a client, $ 240 (N.Y.Sup.) Where an assignor for ben-barment.-- In re Levien, 151 N. Y. S. 279.

$ 53 (N.Y.Sup.) Evidence held to require disfraudulent as against creditors, the assignee could dispose of the goods for 'the benefit of who had loaned money through him upon the creditors.—Baillargeon v. Dumoulin, 151 X. 9. security of a mortgage.-In re Burlando, 151 S. 112.

N. Y. S. 181. A promise by the assignee to sell the mort

$ 60 (N.Y.Sup.) Under Code Civ. Proc. $8 55, gaged goods for the benefit of the mortgagee was 65, plaintiff's suspension as an attorney did without consideration.-Id.

not prevent him from continuing to prosecute

his own suit.—In re Secured Holdings CorporaVII. ACCOUNTING, SETTLEMENT, tion, 151 N. Y. S. 422. AND DISCHARGE OF ASSIGNEE.

IV. COMPENSATION AND LIEN OF

ATTORNEY. $ 387 (N.Y.Sup.) Where, on the hearing of an intermediate report of an assignee for the ben

(A) Fees and Other Remuneration. efit of creditors, the reasonableness of charges $ 140 (N.Y.Sur.) In the absence of any stipfor attorney's fees and for a committee to oper- ulated price to be paid for an attorney's servate the business was not clearly shown, the al- ices, there is an implied promise to pay their lowance will be suspended until the final ac- reasonable worth.-In re Brown, 151 N. Y. S. counting.-In re Julius Bien Co., 151 N. Y. S. 390. 103.

In determining the compensation to which at$ 390 (N.Y.Sup.) An agreement between w.torneys were entitled, the magnitude of the cliand a committee of creditors that he should ent's interest involved, and the fact that the bave 212 per cent. of the insolvent's assets for estate was managed so that there was a gain to operating the business held not binding on the the estate in addition to interest, were matters court.-In re Julius Bien Co., 151 Ñ. Y. S. proper to be considered.-Id. 103.

$ 141 (N.Y.Sur.) Where there was a large ASSOCIATIONS.

amount of property involved, a fee of $100 each

for drawing several wills, and $50 for drawing See Beneficial Associations.

a codicil, was not unreasonable.-In re Brown,

151 N. Y. S. 390. $ 20 (N.Y.. Sup.) An unincorporated association is not an entity, and every member may

8 166 (N.Y.Sup) Evidence held to show that be sued, though, if numerous, officers or mem

a client impliedly promised to pay an attorney bers may, under Code Civ. Proc. § 1919, be King. 151 X. Y. S. 58.

the reasonable value of services.--Porter v. sued as representatives of all.-Bossert v. Dhuy, 151 N. Y. S. 877.

$ 166 (N.Y.Sur.) Evidence in support of an

attorney's claim against an estate for consultaASSUMPSIT, ACTION OF.

tion fees held to show that a charge of $15 per

week for consultations was not unreasonable.See Work and Labor.

In re Brown, 151 N. Y. S. 390.

(B) Lien. ATTACHMENT.

$ 180 (N.Y.Sur.) Where an attorney, seeking I. NATURE AND GROUNDS.

to enforce a lien, claims only the costs taxed

in a Supreme Court judgment, it is not essen(B) Grounds of Attachment.

tial that he shall have given notice of the lien. $ 25 (N.Y.Sup.) Under Code Civ. Proc. 88 -In re Tierney's Estate, 151 N. Y. S. 972. 2634, 2635, a New York creditor of a foreign in $ 182 (N.Y.Sup.) That costs belong to the clitestate held not entitled to attach domestic as-ent, and not to the attorney, does not affect sets on the ground of nonresidence, under sec- the latter's lien on the judgment for costs.- In tion 1836a.- Bostwick v. Carr, 151 N. Y. S. 74. re Steele, 151 N. Y. S. 81.

$ 182 (N.Y.Sur.) Money in the hands of an ATTORNEY AND CLIENT. administrator, applicable to a judgment recov

ered against the decedent, is money in the See Action, $ 12; Divorce, $$ 221, 228; Ex- hands of a third person, to which the lien creat

ecutors and Administrators, &$ 35, 281; Sub- ed by Judiciary Law, 8 475, attaches.-In re rogation, $ 21; Witnesses, f 206.

Tierney's Estate, 151 'N. Y. S. 972. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER

$. 184 (N.Y.Sur.) The lien of an attorney of sonal check, crediting his account with the a judgment creditor held entitled to payment amount thereof, the funds used in paying the from the proceeds of realty of a decedent before checks held not stolen and not recoverable by any of such proceeds were applied on judgments the bank, though the cashier subsequently misas provided by Code Civ. Proc. $ 2729, subd. 3, appropriated the bonds.-First Nat. Bank of but not entitled to priority over expenses of High Bridge, N. J., v. Hudson, 151 N. Y. S. administration and funeral expenses.-In re 595. Tierney's Estate, 151 N. Y. S. 972.

Credits by bank cashier in his deposit account $ 189 (N.Y.Sup.) Parties to an action may held to amount to loans by the bank to the settle it without the consent of their attorneys, cashier as against persons receiving payments leaving the latter to look each to his own client from the cashier's deposit.-Id. for compensation.-Sheeks v. Sample, 151 N. Actual notice by persons receiving payment Y. S. 884.

of checks drawn on cashier's personal account AUTOMOBILES.

that the moneys received were the property of

the bank held necessary, as distinguished from See Highways, § 173; Insurance, 8 325; Re-constructive notice.--Id. wards, 8 7; Street Railroads, $ 101.

In an action by a bank against stockbro

kers to recover amounts paid on personal checks BAILMENT.

of the cashier, evidence held insufficient to show

actual notice to the stockbrokers that the money See Carriers, 8 76; Sales, $ 4.

so paid was the property of the bank and not $ 14 (N.Y.Sup.) Merchants held not liable to of the cashier.-Id. customer for loss by theft of pocketbook left $ 118 (N.Y.Sup.) A bank, the payee of a note in trousers pocket in dressing room while being on which indorsements had been forged, will be fitted with a new suit.-Barnes v. Stern Bros., presumed to have assented to the cashier's act 151 N. Y. S. 887.

in inducing the indorsers to guarantee their in$ 31 (N.Y.Sup.) Testimony of a plaintiff, suing dorsements, on threat of prosecuting the maker. for loss of a horse and harness kept in defend- --Catskill Nat. Bank v. Lasher, 151 N. Y. S. ant's stable, held to establish a prima facie case 191. of negligence of defendant.-Nicoletti v. Dieck

(C) Deponits. mann, 151 N. Y, S. 520.

$ 145 (N.Y.) Where the G. Bank, in ignorance BALLOTS.

of plaintiff's insolvency, sent it a check as re

mittance for collections, which plaintiff's reSee Elections, 194.

ceiver immediately had certified by defendant.

defendant could not resist payment because of BANKRUPTCY.

the G. Bank's claimed right to offset a deposit

account with plaintiff.-Carnegie Trust Co. v. See Assignments for Benefit of Creditors. First Nat. Bank of City of New York, 107 N.

E. 693, 213 N. Y. 301. III. ASSIGNMENT, ADMINISTRATION, A bank, having certified a check, may not reAND DISTRIBUTION OF BANK sist the enforcement of its contract of certificaRUPT'S ESTATE.

tion in order to make a set-off available to its (D) Administration of Estate,

depositors.-Id.

The holder of a certified check cannot be com$ 249 (N.Y.Sup.) A trustee in bankruptcy, pelled to litigate whether the maker had a right continuing the bankrupt's business, held per- to counterclaim or set-off.-Id. sonally liable, unless authorized by bankruptcy court, under Bankr. Act, § 2 (5).--McCauley v.ings bank at law to recover a deposit of her

$ 154 (N.Y.Sup.) A wife may not sue a sav. Jackson, 151 N. Y. S. 120.

money made by her husband in his name in trust

for her.-Herpe v. Herpe, 151 N. Y. S. 503. BANKS AND BANKING. See Executors and Administrators, § 105;

(H) Actions. Mortgages, § 244; Taxation, $S 386, 541, $ 229 (N.Y.) Under Code Civ. Proc. $ 1251, 543, 913.

a judgment docketed after the superintendent of

banking has taken possession of the assets of I. CONTROL AND REGULATION IN a bank for liquidation does not affect the title GENERAL,

of the purchaser of the bank's real property $ 4. (N. Y. Sup.) Laws 1914, c. 369, $ 500, from the superintendent.-Lafayette Trust Co. which repeals Laws 1910, c. 318, as amended v. Beggs, 107 N. E. 644, 213 X. Y. 280. by Laws 1911, c. 393, authorizes canceling a bond given under the 1910 law and requiring a

V. SAVINGS BANKS. return of collaterals, but does not authorize

$ 305 (N.Y.Sup.) Although a bank rule requires such an order as to a bond given under Laws the depositor to appear in person to withdraw 1907, c. 185, as amended by Laws 1908, c. 479. his account, where a depositor assigns his acIn re Kovacs, 151 N. Y. S. 232.

count, the rule will not justify the bank's reIII. FUNCTIONS AND DEALINGS.

fusal to pay the assignee.-Bank of United

States v. Public Bank of New York City, 151 (B) Representation of Bank by Officers N. Y. S. 26. and Agents.

BASEBALL. $ 112 (N.Y.Sup.) Where cashier of bank paid for bonds purchased for the bank with his per- See Assignments, $ 23.

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