SALARY. 1 An officer de jure cannot recover salary for 2 The salary follows the true title to the office, 3 Disbursing officers are not bound to investi- SALES. Id. 1 Notice of completion of goods manufactured 2 Where goods are shipped by a certain line to Id. ous performance by each is required; hence neither is bound to perform save on perform- 8 The vendor, in order to establish his right of 9 The fact that a part of the purchase-money SAVINGS BANKS. 1 Where the by-laws of a Savings Bank pro- vide that "the bank will use its best efforts 2 In such cases the exercise of ordinary care SEDUCTION. 3 Inadequacy of price of itself may furnish 4 Where grain which has been sold by an ex- transaction from that time is to be deemed an 152 5 An agreement to sell a newspaper, which 6 An agreement to sell a newspaper establish- ld. 323 arose and the principal part of it was per- 45 3 Evidence of mental anxiety on account of 4 Evidence of a rumor in the neighborhood 5 Where the sheriff levies upon a debt owing to the defendant under an attachment, which Id. 1 An executed parol exchange of land followed See DAMAGES, 2; DEEDS, 3, 7. SLANDER. 498 2 Part performance of such a contract will take STATUTE OF LIMITATIONS. 27 3 To a supplemental complaint to revive an When a loss has occurred, and the insurance 5 An absolute acknowledgment of the exist- 6 An affirmance by the Court of Appeals of an STAY OF PROCEEDINGS. 1 Under § 348 of the late Code of Procedure 2 A stay of execution on a judgment will be STOCK AND STOCKHOLDERS. See CONSTITUTIONAL LAW, 14; CORPORA- STOCK RELEASE. See COMMON CARRIERS, 12. ance of an existing contract between them, 175 3 By such a contract, made without the knowl- See SURETYSHIP, 8, 12. SUMMARY PROCEEDINGS. 1 Where the landlord has recovered possession 163 2 Declarations of the landlord's attorney, 3 Where the service of a three days' notice to ment of rent, the affidavit must show that notice was served in the manner required by the statute for the service of such notice. The People ex rel. Morgan v. Keteltas. 178 4 The statute requires such notice shall be served on the person owing the rent in the manner prescribed for the service of the summons in 2 R. S., p. 514, § 32. Id. 5 The omission of the venue in the landlord's affidavit in summary proceedings is a fatal defect. The People ex rel. Crawford et al. v. De Camp. 462 6 Where there are two or more defendants who are absent from the premises, the leaving of one copy of the summons with the person in charge is not a sufficient service. SUPPLEMENTARY PROCEEDINGS. Id. 1 A judgment debtor is entitled to notice of application for the appointment of a receive.: in supplementary proceedings against a third party, brought under § 294 of the Code of Procedure. Whitney v. Welch et al. 156 9 Although an order granted in supplemen. tary proceedings is irregular, the judgment debtor must appear. He cannot trust entirely to the success of his attorney's efforts to have the order set aside. By so doing, he is guilty of contempt. Shults v. Andrews. 483 10 An affidavit in proceedings under § 292, subd. 2 of the Code, which does not state the facts, but follows the words of the statute, is sufficient to give jurisdiction. First Natl. Bk. of Rome v. Wilson. See CONTEMPT, 1, 2; PARTITION, 1. SURETYSHIP. 565 1 Where a grantee of mortgaged premises assumes and agrees to pay the mortgage in his deed, and a subsequent grantee, the owner of the equity of redemption, likewise assumes and agrees to pay the mortgage in his deed and thereafter obtains an extension of time from the holder of the mortgage, the prior grantee is discharged from the liability by reason of the covenant in the deed assuming the mortgage, he being the surety merely, and 2 The judgment debtor is regularly entitled to notice of an application for the appointment of a receiver in supplementary proceedings, and it is doubtful whether the receiver acquires any title to the debtor's property if such notice has been omitted. Clark v. Sav-standing in that relation to the person who age. subsequently to him assumes payment of the 61 mortgage. Cummings v. Butler. 193 3 A receiver in supplementary proceedings obtained an order, ex parte, requiring the judgment debtor to assign certain personal property to him: Held, That there was no jurisdiction of the defendant's person, and that the order was void. Reed v. Champagne. 227 4 Where, upon examination of third person in supplementary proceedings, a motion for the appointment of a receiver is made, and is met by affidavits denying the debtor's interest in the property in question, the Court, at the time of granting the order appointing the receiver, has no power to adjudicate the receiver's right to the money. In case the title to the fund or property is in dispute, the order should provide simply for the appointment of the receiver, and delegate to him authority to prosecute an action for its recovery. Manice V. Smith. 5 255 299 of the Code sustains a clause in the order in such cases restraining the third person from paying over. ld. 6 A receiver appointed in supplementary proceedings cannot claim property acquired subsequent to the date of the order, or debts subsequently arising. Thorn, recr. v. Fellows et al. 473 7 K., a judgment debtor, held a note for $800. After the appointment of a receiver, two notes were given to K., who thereupon destroyed the $800 note. Held, that the receiver had no title to the two notes or their proceeds. Id. 2 No cause of action arises against the sureties upon an undertaking on appeal to the Court of Appeals until the remittitur from the Court of Appeals has been duly filed with the clerk of the Court below. The jurisdiction of the Court below is restored by filing the remittitur, and not until then. Marshall et al. v. Mucy et al. 90 3 Sureties on an undertaking in a replevin suit may waive the formalities of the statutory proceedings, and thus become estopped by the recitals therein from asserting or proving its invalidity. Harrison v. Wilkin. 92 4. Where a surety, after maturity of the debt, gives security for its payment to the creditors, and with their consent undertakes the prosecution of suits in their names against the prin cipal debtor for the purpose of collecting the debt, he is entitled to be reimbursed by his principal for his costs and expenses which he has assumed, as well as his costs in the action to obtain the relief. Thomson v. Taylor. 98 5 Where the principal debtor is dead, the claim of the surety for reimbursement may be allowed in an action to marshal and distribute the assets of the estate. id. 6 Where the surety for a ward collector has given a bond and mortgage in discharge of his liability for a defalcation of said collector, he is not entitled to recover the avails thereof where the amount of such defalcation has been made good by taxation pursuant to the act of 1837, and especially so where the resolution of the Board of Supervisors authorizing such taxation has not been acted upon. Oakley v. The Mayor, etc., of N. Y. 107 7 Where a surety purchases goods of his principal, a portion of the purchase price whereof is to be applied to the payment of the obliga tion, he holds such money in trust for that purpose, and where he afterwards pays a judgment recovered upon such obligation, and takes an assignment thereof, he is entitled to contribution only on the amount of the balance of such judgment over and above the amouut so held by him in trust. Where the assignment is taken in the name of a third party, such assignee acquires no greater rights than the surety had. Waldorf v. Fingar et al. 112 8 Sureties having paid the debt of the principal are subrogated to all the rights of the principal, and have the right which their principal had as creditors to set aside a deed made by debtor to hinder, delay, and defraud creditors. Martin et al. v. Walker et al. 217 9 Where one co-surety has been released from liability by the conduct of the creditor, the remaining co-surety is exonerated only as to so much of the original debt as the discharged surety could have been compelled to pay, had his obligation continued. Morgan v. Smith. 220 10 A release of one joint debtor by parol will not operate to discharge the other, and can only be pleaded by the one to whom it was given. Id. 1 Surrogates have no power to adjudicate with reference to a disputed claim. This principle is not to be extended. McNulty v. Heard. 80 2 Surrogates have power to pass upon the question as to whether a judgment has been paid, and to decree payment thereof. Id. 3 The decree of a Surrogate granting allow. ances may be the subject of an appeal upon the merits. Noyes v. The Children's Aid Bociety. 130 4 The Surrogate of New York is confined, in granting allowances, to the manner prescribed in § 308 and 309 of the Code of Procedure. Id. 11 Where there is a condition in a lease that the lessee shall not sublet the premises without the written consent of the lessor, the giv-5 He can make allowances in lieu of costs in ing of such written consent will not discharge cases where, under the Revised Statutes, he the sureties on the lease. Id. had power to award costs. Id. 14 Although a surety is released by the neglect of the creditor to take the necessary steps to fix his liability, yet, if he waives the laches, he debars himself from setting it up as a defense. Ross v. Hurd. 242 15 A surety on a promissory note is bound without any consideration moving to him. Vervalen et al. v. Eckerson et al. 392 16 The giving of a bond and mortgage by a special guardian for infants to secure the payment of trust moneys, which bond and mortgage are cancelled by the infants upon coming of age and learning its existence, is not 7 Where a decree for payment of a debt in full has remained unperformed by the execuor up to the time for a general distribution of the estate, and the estate proves insufficient to pay all debts in full, the party in whose favor it was made is only entitled to his pro rata share, and especially so where the executors have been removed, and a receiver of the estate appointed by the Supreme Court. Id. 8 An appointment, by the Supreme Court, under Ch. 320, Laws of 1830, of a commissioner to act as Surrogate, when the Surrogate, County Judge, and District Attorney are disqualified, is not a violation of Art. 6, § 8 of the Constitution of 1846. Such commissioner is not a public officer within the meaning of such section. In re will of Hathaway. 387 9 The power of appointment conferred upon |