« 이전계속 »
from the inventory, or that fraudulent | 5. An affidavit for an attachment, under
stated to plaintiff the amount of her in-
debtedness; that her property was insuf.
ficient to pay the true amount of her in-
debtedness; that she hd refused to pay
affidavit was defective and that no attach-
ment should have been issued upon it. -
Carpenter v. Wood.-110.
6. Defendant, with knowledge that a rail.
road company which was a depositor was
embarrassed, and that attachments were
being issued against it, certified a check
of the company for the balance of its de-
posit, payable to R., its assistant treas-
urer. An attachment against the company
was served on the bank, and thereafter
R. deposited the check to his individual
account and drew out the proceeds. Held.
sufficient to sustain a finding that defend-
ant had reason to and did believe when
the deposit was made that it was the prop-
erty of the company ; that it was the duty
plaint that defendant was a corporation, attachment to take inımediate steps to im-
payment by any of its agents except to a
bona fide holder of its obligations.- Gibson
intendent and manager of defendant, and
8. Where the clerk of the deputy signs the
certificate under directions from the lat-
ter, his act is to all intents and purposes
the act of the deputy, and valid. —Id.
9. Where there has been a substitution of
parties plaintiff upon the death of one,
proof of the facts showing a right to sub-
stitute is not necessary upon the trial. –
10. A person who has acquired a lien upon
or interest in property after it has been at-
tached may found a motion to vacate the
attachment upon the insufficiency of the
papers upon which the warrant was
granted. — The Marine Nat'l Bk. v. Hard
et al., 176.
not sufficient for that purpose when it is
made by a person who is stated to be the
the corporatioa issuing the bonds on the but who is not shown to have had any
what is implied by said statement, and
an attorney for conspiring to procure the
the creditor's attorney was false. - Id.
ney's bill should be ordered in a proper
case.—Gregory v. Seaman et al., 214.
transaction a manual delivery of shares
livery.-Corey v. Harte, 247.
client shares of stock as security for pro-
6. M., having moneys to invest, gave them,
as alleged, to C., an attorney. for that
the allegation in regard to counterclaims
12. In order to warrant the granting of an
attachment upon the ground that the de-
upon information and belief.- Id.
tion by a defendant it cannot be seized
burger et al. v. Baker, 213.
sion of personal property is within sub.
given by one possessing property of a
Almy et al. v. Thurber et al., 536.
upon N., a merchant in N. Y., and de-
7. When it is agreed between plaintiffs in an
action and their attorney that the latter
such a case to procure leave of the court
1. There is no presumption that counsel
have personal knowledge of the truth or
court.-Woodbridge v. Cook et al , 94.
knowledge an action does not lie against
9. General authority to an attorney to col-
lect does not imply the right to receive
to prevent litigants from fairly settling
ing deprived of their compensation by
Village of Cortland, 528.
parties will not be set aside at the instance
RATIONS, 28; FRAUD, 2.
See ARREST, 4, 5.
in bankruptcy proceedings taken in invi.
holder of a bank will not charge the bank
& Deposit Bank v. Oosterhoudt et al., 25.
Treasury notes with defendant for safe
3. Three persons deposited with a bank and
to her credit money of a woman, then in-
Albany Savings Bank, 319.
proceeded in a Surrogate's Court against
5. A deposit was made with defendant by a
man who gave his name as S. and a pass-
6. Under an arrangement between banks
by which the bank collecting checks sent
held government bonds which were worth
JUSTICES COURT. 2; SURETYSHIP, 2.
check collected the amount of a check
solvent bank of the deposit of drafts just
proceeds.-Craigie et al. v. Hadley, 425.
nor its assignee in bankruptcy has any
constitute a preferential payment under
the Bankrupt act.-Id.
deposited money to her credit in the de-
Bank of Fort Edward, 432.
1. By the will of one M. a trust was created
for the life of his son, the income during
Pray et al. v. Hegeman et al., 224.
bar to a subsequent action involving the
City of Binghamton, 370.
in S 394 of the Code, mean simply a lia-
erhoff et al. v. Bostuick et al., 468.
gence or misconduct is a common law lia-
years prescribed by $ 388.-Id.
counted by a bank and past due, gave to
title and right of possession under certain
son v. Andreus et al., 505.
LEASE, 4; LIMITATION; SURROGATES, 5.
14. Under an agreement that a president
should be paid out of the net profits of a
BILL OF PARTICULARS,
of particulars as a matter of right, but on
tion of the freight was to be paid at Cadiz
give.- Langilon et al. v. Brown, 239.
BONA FIDE PURCHASER.
See MORTGAGE, 1.
1. The right of a bona fide holder for value
of a negotiable bond issued by a railroad
T. II. RR. Co., 419.
the city of New York, the principal and in-
charter was granted.--Id.
BREACH OF PROMISE.
See MARRIAGE, 3.
tending to show that the mortgagee did
tween the parties to a chattel mortgage
1. The grant to plaintiffs of a right to draw
water from the canal for milling purposes
1. When by a charter party provision is
made for payment of the freight in a par-
4. Declarations made by the mortgagee's
bookkeeper at the time of taking the
See REPLEVIN, 1.