See "Depositions."

Of marriage, see "Marriage."

In particular proceedings.

See "Attachment," §§ 2, 4.

ANSWER.

§ 2.

AGENCY.

See "Principal and Agent."

AGREEMENT.

See "Contracts."

ALIENATION.

Suspension of power of alienation of property, see "Perpetuities."

ALIMONY.

See "Divorce," § 1.

ALTERATION OF INSTRUMENTS.

See "Reformation of Instruments."

The addition of a word of description to the name of an indorsee held not a material alteration.-Birmingham Trust & Sav. Co. v. Whitney (Sup.) 578.

An indorsee of a draft held authorized to write an abbreviation for the term "cashier" after his name in the indorsement. to show the capacity in which he became a party to the paper.-Birmingham Trust & Sav. Co. v. Whitney (Sup.) 578.

AMENDMENT.

Effect of amendment of pleading on right to costs, see "Costs," § 1.

Of by-laws of beneficial association, see "Beneficial Associations."

Of by-laws of mutual benefit insurance association, see "Insurance," § 4.

Of interlocutory judgment for sale of decedent's property, see "Executors and Administrators," § 5.

Of pleading, see "Pleading," § 5.
Of statute, see "Statutes," § 2.

AMOUNT IN CONTROVERSY.

Jurisdictional amount, see "Courts," § 1.

Appeal from judgments of municipal courts, see "Courts," § 1.

In summary proceedings for recovery of possession by landlord, see "Landlord and Tenant,” § 6.

In action for breach of contract, see "Contracts," 5.

In probate proceedings, see "Wills,” § 2.

1. Decisions reviewable.

An appeal lies from an inquest taken without jurisdiction, and brings up the entire pro ceedings for review.-Horowitz v. Decker (Sup.) 217.

Under the direct provisions of Code Civ. Proe. § 1294, a party cannot appeal from an order made on his default.-Title Guaranty & Trust Co. v. American Power & Const. Co. (Sup) 502.

Under Code Civ. Proc. §§ 1347, 1373, 1675. an order granting a writ of assistance held not to affect a substantial right, so as to be appealable.-Title Guaranty & Trust Co. v. American Power & Const. Co. (Sup.) 502.

An order directing the resumption of certain payments by the guardian of an infant's property to the guardian of his person is not appealable, under Code Civ. Proc. § 190, and Const. art. 6, § 9, to the Court of Appeals.-In re White (Sup.) 564.

Under Consolidation Act, Laws 1882. pp. 370, 371. c. 410, §§ 1480, 1482-1484, a judgment enheld to be by consent, and not appealable.tered on an order forfeiting a recognizance People v. Pernetti (Sup.) 714.

An appeal will lie from a judgment by default, though no motion was made to the justice to open the default.-Potter v. Katzenbach (Sup.) 865.

Where no final order in summary proceedings to recover real property was entered, as requir ed by Code Civ. Proc. § 2249, an appeal could not be taken from an order of dismissal.-Sipp v. Reich (Sup.) 960.

2. Presentation and reservation in lower court of grounds of review. An objection that the motion papers of a party moving for the vacation of an attachment do not comply with general practice rule 37 cannot be raised for the first time on appeal.-Austrian Bentwood Furniture Co. v. Wright (Sup.) 142.

Where no objection was taken to the filing of a verified answer in the Municipal Court after an adjournment had been had, the Appellate Term would, for the purpose of an appeal, treat the case as if issue had been properly joined on the day of filing the answer.-Hinrichs v. Interurban St. Ry. Co. (Sup.) 193. Where no objection on that ground was made in the trial court, defendant was precluded on appeal from asking a reversal of a judgment for plaintiff on the ground of variance between allegation and proof of demand.-Kemble v. National Bank of Rondout (Sup.) 246.

Assumption of fact at trial held not open to objection for the first time on appeal.-Fox v. New York Cen & H. R. R. Co. (Sup.) 519.

Under Code Civ. Proc. §§ 992-994, no exception to findings of fact made by the court without a jury is necessary to the review of such questions on appeal to the Appellate Division. -Henderson v. Dougherty (Sup.) 665.

In an action against a city for injuries, an objection that notice required by Laws 1886, p. 801, c. 572, was not filed, not made in the trial court, was not available on appeal.-Seliger v. City of New York (Sup.) 1074.

§ 3. Record and proceedings not in rec

ord.

A claim on appeal that evidence of representations was erroneously admitted, because not pleaded, cannot be considered, where the complaint is not attached to or made part of the return.-Gottesman v. Heiden (Sup.) 957.

On appeal to the Appellate Term from the City Court, the facts cannot be reviewed, where there is no certificate that the case contains all the evidence.-Mayer v. Horenburger (Sup.)

966.

Settlement and signing of case by other than the trial judge, where none of the reasons set forth in Code Civ. Proc. § 997, appear, held invalid.-Parks & Woolson Mach. Co. v. Levy (Sup.) 993.

the trial, etc., he was not entitled to object to such evidence on appeal.-Kupferberg v. Central Crosstown R. Co. (Sup.) 366.

the law of the case on a subsequent trial.— The decision of the Appellate Division held Union Nat. Bank v. Leary (Sup.) 652.

Under Code Civ. Proc. § 531, the discretion of not be interfered with on appeal.-Llewellyn v. the court in ordering a bill of particulars will Froehlich (Sup.) 966.

§ 6. Scope and extent in general. Where defendant did not appear and was not personally served, but moved to vacate an attachment for insufficiency of affidavits, and judgment was rendered under Municipal Court Act, Laws 1902, p. 1519, c. 580, § 91, on appeal the only question was the sufficiency of the affidavit.-Hill v. Martin (Sup.) 708.

Where, after issue joined, the complaint was dismissed at the beginning of the trial for want of facts, the complaint on appeal from such order must be treated as though the question had been presented by demurrer based on the same grounds.-Hinds v. Fishkill & Matteawan Equitable Gas Co. (Sup.) 954.

fault, the court will examine the evidence to On appeal from a judgment rendered on desee if it is sufficient to support the judgment.Brooks v. Delaware, L. & W. R. Co. (Sup.) 961.

Where defendant duly excepted to the grant of an extra allowance, the appellate court may modify the judgment by deducting such allowance.-Keuhner v. Metropolitan St. Ry. Co. (Sup.) 1055.

§ 7.

Presumptions.

Where it is contended on appeal that a part of a judgment is not warranted by the facts found, it cannot be assumed that the evidence tend to support the judgment, other than those would have warranted any findings that would actually made.-Ingersoll v. Cunningham (Sup.) 711.

On appeal from an order refusing to vacate a subpoena duces tecum, the court cannot presume that the lower court will not perform its duty in limiting examination to subjects germane to the investigation.-Franklin v. Judson (Sup.) 904.

§ 4. Dismissal, withdrawal, or abandonment.

Where the affirmance of a default judgment in favor of defendant leaves no action pending, an appeal by plaintiff from an order previously entered, granting defendant a new trial, should be dismissed.-Amorisia v. Rando (Sup.) 356. § 5. Review.

Where defendant's attorney did not object to the evidence of value of articles destroyed at

Questions of fact, verdicts, and findings.

The appellate court will be slow to reverse a judgment of the trial court for defendant, where the only evidence was the uncorroborated testimony of the plaintiff.-Hartman v. Interurban St. Ry. Co. (Sup.) 352.

A finding by the trial judge on a question of fact based on conflicting evidence will not be reversed on appeal.-Morgenthau v. Beaton (Sup.) 359.

On appeal from an involuntary nonsuit, plaintiff is entitled to the most favorable view of

BAILMENT.

In an action against a bank to recover s amount of money claimed to have been deposit

Manufacturers, to whom cut garments are delivered to be sewed, are entitled to hold possession of them until their claim for labor is paid, or until an offer is made to pay the same.Davidson v. Fankuchen (Sup.) 196.

BANKRUPTCY.

See "Assignments for Benefit of Creditors." § 1. Assignment, administration, and distribution of bankrupt's estate. A bona fide transferee of certain of a bankrupt's property for value, the transfer being made more than four months prior to the filing of the bankrupt's petition, held entitled to the property as against the bankrupt's trustee. Pratt v. Christie (Sup.) 585.

A grantee of property belonging to a bankrupt more than four months prior to the filing of the petition in bankruptcy held a bona fide purchaser for value, entitled to hold the conveyance as security for the bankrupt's debt.-Pratt v. Christie (Sup.) 585.

In an action by a trustee in bankruptcy to set aside an alleged fraudulent chattel mortgage, a so-called separate answer of the bankrupt held properly considered as a demurrer for a defect of parties.--Shanks v. National Casket Co. (Sup.) 839.

to find that plaintiff demanded the sum doe.Kemble v. National Bank of Rondout (Sup) 246.

depositor had received a bill similar to that The fact that, within a short time of deposit, which he claimed to have presented to the bank, held relevant to the issue as to whether bill presented to the bank was of the denomination claimed.-Kemble v. National Bank of Rondout (Sup.) 246.

A depositor is not bound to examine his bank book to discover whether the officer receiving his deposit has blundered in counting the money deposited.-Kemble v. National Bank of Rondout (Sup.) 246.

In an action by a bank to recover the amount of checks paid to another bank, on the ground of fraudulent indorsements, burden of estab lishing fraudulent character of indorsements: held to be on plaintiff.-National Park Bank v. American Exch. Nat. Bank (Sup.) 271.

In an action by a bank to recover from another bank the amount of checks paid by the former to the latter, on the ground of the fraudulent character of indorsements, a verdict dence.-National Park Bank v. American Exch. for plaintiff held against the weight of the eviNat. Bank (Sup.) 271.

Indorsement of checks for deposit by use of rubber stamps held valid.-Rosenberg v. Germania Bank (Sup.) 952.

In an action by a trustee in bankruptcy to set aside an alleged fraudulent chattel mortgage, subsequent mortgagees of the same property held not necessary parties, under Code Civ. Proc. 452.-Shanks v. National Casket Co. (Sup.) 839.

2. Rights, remedies, and discharge of bankrupt.

Bankr. Act July 1, 1898, c. 541, § 17, subd. 2, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428], expressly provides that by his discharge a bankrupt shall not be released from a judgment for willful and malicious injuries to the property of another.-Stefanini v. Sroka (Sup.) 167.

BANKS AND BANKING.

Estoppel to assert wrongfulness of entry in bankbook, see "Estoppel," § 1.

§ 1. Functions and dealings.

Under Negotiable Instrument Law, Laws 1897, pp. 731, 734, 756, c. 612, §§ 79, 112, 323

In an action against a bank by the payee of a note for its failure to notify an indorser of nonpayment, evidence held to justify a finding that the payee was entitled to recover against the bank the amount he would have been able to collect from the indorser.-Howard v. Bank of Metropolis (Sup.) 1070.

In an action against a bank, by the payee of a note held by the bank for collection, for its failure to notify an indorser of nonpayment, testimony as to the indebtedness of the maker hold competent. Howard v. Bank of Metropolis (Sup.) 1070.

In an action against a bank by the payee of a note held by the bank for collection for its failure to notify an indorser of nonpayment, the amount of damages depended on the inability of plaintiff to collect from the maker.-Howard v. Bank of Metropolis (Sup.) 1070.

BAR.

Of action by former adjudications, see "Judg ment," § 6.