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ASSUMPSIT, ACTION OF.

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and 118 New York State Reporter merged in a judgment against one of the mem- | Attorney's fees in proceedings to vacate attachbers individually.- United Press v. A. S. Abell ment, see "Attachment," 3. Co. (Sup.) 425.

Attorneys in fact, see "Principal and Agent."
Expenditures by personal representatives for

counsel fees, see "Executors and Administra

tors," $ 3. See "Work and Labor."

Lien of attorney on decedent's estate, see "Ex

ecutors and Administrators," $ 5.

Payment by county of fees of attorney appointASSUMPTION.

ed to defend indigent person, see "Counties,"

§ 1. Of risk by employé, see “Master and Servant,” Reference to determine attorney's fees, see 8 4.

"Reference." $ 1. ATTACHMENT.

Right of judge to practice law, see "Judges,"

$ 1. See "Execution."

$ 1. The office of attorney. § 1. Proceedings to procure.

In an action for services rendered as an exAffidavit for attachment in action for un- pert to attorneys in certain proceedings, eriliquidated damages held insufficient.-Commer- dence held to support a verdict for plaintiffs.cial Wood & Cement Co. v. Northampton Port-Ross v. Niles (Sup.) 142. land Cement Co. (Sup.) 38.

Appellate Division of Supreme Court held, in To sustain an attachment, where unliquidated view of Const. art. 6, 88 11, 20, to be without damages are claimed, the affidavits must con- inherent power to disbar surrogate, practicing tain sufficient proof to authorize the court to as attorney, in violation of section 20.-In re say prima facie that damage to the amount Silkman (Sup.) 1025. claimed has been sustained. - Chazy Marble Code Civ. Proc. $ 67, relative to suspension Lime Co. v. Deely (Sup.) 396.

or disbarment of attorneys, held not to cover In an action for breach of a contract to sell case of surrogate, who practices as attorney, certain lime to plaintiff, affidavits to support in violation of Const. art. 6, § 20.--In re Silkan attachment held insufficient for failure to man (Sup.) 1025. show damage from the breach.--Chazy Marble

& 2. Retainer and authority. Lime Co. y. Deely (Sup.) 396.

Under Code Civ. Proc. $ 66, on substitution of Allegation of nonresidence in an attachment attorneys, court held to have authority to impose affidavit held sufficient.-Outerbridge v. Camp- as condition payment of compensation of former bell (Sup.) 537.

attorney.-Kane y. Rose (Sup.) 111. § 2. Quashing, vacating, dissolution, or . Under Code Civ. Proc. $ 66, clients who had abandonment.

brought about substitution of attorneys held Defendant held entitled to have the papers on bound by the order of the court made thereon which a motion to vacate an attachment was relative to enforcement of an attorney's lien.made recited in the order.-American Audit Co. Kane v. Rose (Sup.) 111. v. Industrial Federation of America (Sup.) 369. An order on a substitution of attorneys held

In an action on a joint contract, the question not objectionable as threatening that on failure of whether a cause of action against all the de- of the clients to pay the former attorney's comfendants was merged in a judgment recovered pensation the court would proceed against them in another action held not determinable on a mo- as for a contempt.-Kane v. Rose (Sup.) 111. tion to vacate an attachment.--United Press v.

On substitution of attorneys under Code Civ. A. S. Abell Co. (Sup.) 426.

Proc. $ 66, court held to have authority to or § 3. Liabilities on bonds or undertak der a reference to determine compensation of ings.

former attorney.--Kane v. Rose (Sup.) 111. Defendant in attachment held not entitled to

$ 3. Duties and liabilities of attorney costs for counsel fees in proceedings to vacate.

to client. -Braunstein v. American Bonding Trust Co.

In an action against attorneys for fraudulently (Sup.) 982.

representing that they had collected less on an

account than they in fact did, evidence held inATTENDANCE.

sufficient to justify a judgment for plaintiff.Of witness, see "Witnesses," $ 1.

Dicker v. Cohen (Sup.) 189.

In an action by an attorney against one who

has been his client, on a contract entered into ATTORNEY AND CLIENT.

while the relation of attorney and client ex

isted, the burden of proving the fairness of Allowance of counsel fees in divorce proceedings, see “Divorce," $ 2.

the contract rests on the plaintiff.-Goldberg Appointment of counsel for accused, see "Crim

v. Goldstein (Sup.) 782. inal Law," $ 3.

§ 4. Compensation and lien of attorArgument and conduct of counsel at trial in

ney. civil actions, see "Trial," $ 5.

A contract for attorney's services in the colAttorneys as public officers, see "Attorney Gen- lection of a claim held not void for want of

I consideration by reason of the fact that the

eral."

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BAIL.

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claim would ultimately have been paid volun- 1 Of corporate officers or agents, see "Corpora-
tarily.-Rogers v. Polytechnic Institute of tions," $$ 3, 4.
Brooklyn (Sup.) 12.

Of court to vacate judgment, see "Judgment,”
Verdict on conflicting evidence in an action
for legal services held not against the weight |

| of justice of the peace, see "Justices of the

| Peace," $ 1. of the evidence.-Mack v. Miller (Sup.) 440

To call 'special elections, see "Elections," § 1 The practice provided by Code Civ. Proc. 8 66, for enforcing the attorney's lien by petition,

AUTOMOBILES. is proper only between attorney and client.Dumowith v. Marks (Sup.) 453.

Use of, on highway, see "Highways," $ 1. Plaintiff's attorney to enforce his claim for fees against defendant, who has settled with plaintiff, must show that plaintiff is insolvent.-

BAGGAGE. Dumowith v. Marks (Sup.) 453.

Of passenger, see "Carriers," $ 2. Attorney could recover the actual value of services, though he pleaded and failed to prove an agreement to pay a specified sum.-Yuells v. Hyman (Sup.) 460.

$ 1. In criminal prosecutions. On refusal of client to proceed with litigation Where one accused of a misdemeanor has after disagreement of jury, held, that attorney appeared and pleaded, his failure to be present could recover the reasonable value of his serv- personally and plead when his case is called ices.--Yuells v. Hyman (Sup.) 460.

for trial is not ground for forfeiture of his bail Under Code Civ. Proc. $ 66, relative to at- bond.-People v. Welsh (Sup.) 703. torney's liens, such lien extends to both damages and costs.-Barry y. Third Ave. R. Co.

BAILMENT. (Sup.) 830.

Under Code Civ. Proc. $ 66, relative to at. See “Carriers," & 1; “Banks and Banking," g 1. torney's liens, such lien held to attach to pro- "Inukeepers"; "Warehousemen." ceeds of judgment in hands of sheriff, and to Right of bailee to counterclaim for conversion be superior to right of defendant to set off of bailment, see “Set-Off and Counterclaim," judgment obtained by him against plaintiff.Barry v. Third Aye. R. Co. (Sup.) 830. Under Code Civ. Proc. $ 66, relative to com- l in a certain sum for the return of a register, his

Where defendant promises to be responsible pensation of attorneys, and section 3251 and

and liability is the amount fixed in the agreement.other sections relative to costs, where there National Cash Register Co. v. Caillias (Sup.) is a judgment for damages, costs belong to 166. the client, and not the attorney.-Barry v. Third Ave. R. Co. (Sup.) 830.

BANKRUPTCY. Reference on discontinuance of partition suit made to determine compensation of attorney

$ 1. Assignment, administration, and for plaintiff.--Cohn v. Polstein (Sup.) 1072.

distribution of bankrupt's estatt.

In a suit by a bankrupt's trustee to recover Attorney held not authorized to continue ac

money received to the use of the estate, a tion in partition after settlement for the pur

complaint failing to allege that the money had pose of enforcing lien.-Cohn v. Polstein (Sup.) not been paid to the insolvent or his assignee 11072.

for creditors held insuflicient.-Cohen v. Wagar Attorney, having a lien on client's cause of (Sup.) 377. action, cannot stand in the way of an honest

& 2. Rights, remedies, and discharge of settlement.--Cohn v. Polstein (Sup.) 1072.

bankrupt.

Appearance by judgment creditor to oppose
ATTORNEY GENERAL.

va rating his judgment held not a collateral at-
The only remedy of the Attorney General, if | tack on the discharge of the judgment debtor.
aggrieved by jurisdiction acquired over him Sutherland v. Lasher (Sup.) 56.
by service of motion papers on a deputy Attor-/ Motion of bankrupt to vacate judgment and
ney General, is by motion to vacate.-Townsend execution issued thereon denied for insufficiency

of schedule.-Sutherland v. Lasher (Sup.) 56.
Service of motion papers, prior to a motion
for a temporary receiver of a corporation, on the

BANKS AND BANKING.
Attorney General, held sufficient.--Townsend v.
Oneonta, C. & R.'S. Ry. Co. (Sup.) 117.

§ 1. Functions and dealings.

Under Negotiable Instruments Law, Laws
AUTHORITY.

1897, pp. 731, 736, c. 612, 88 79, 323, in an ac

tion on a certified check, payable to order and Of agent, see "Principal and Agent," $ 3. transferred to plaintiff without indorsement, deOf broker, see "Brokers," $ 2.

nial of the bank's application for leave to file an Of co-administrators, see "Executors and Ad-amended answer, denying information as to ministrators," $ 3.

| whether the check was transferred for value,

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V. Oneonta,

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BENEFITS.

and 118 New York State Reporter held error.-Meuer v. Phenix Nat. Bank (Sup.) / 8 1. Requisites and validity.

| Consent of a bank to transfer of certain § 2. Savings banks.

property to corporation held a sufficient considUnder the by-laws of a savings bank, pay-eration to support notes given by the corporaments to another than the depositor held to re

tion to the bank to retire notes of the translieve the bank from liability.-Kelley v. Buf

ferror held by the bank.-Flour City Nat. falo Sav. Bank (Sup.) 642.

| Bank v. Shire (Sup.) 810. In an action against a savings bank to re- $ 2. Construction and operation. cover deposits, in which defendant alleged that In an action on a note, interest cannot be it had paid after the depositor's death, evi- allowed, in the absence of any promise to pay dence held to show that the bank was not negli- it.-Siff v. Forbes (Sup.) 169. gent in failing to observe the difference between the signature of the depositor and that of the

| $ 3. Negotiability and transfer. person drawing the money.-Kelley V. Buffalo

A draft payable to two payees, who are not Sav. Bank (Sup.) 642.

partners, must bear the indorsement of each
to convey complete title.-Allen v. Corn Esch.

Bank (Sup.) 1001.
BAR.

$ 4. Rights and liabilities on indorseOf action by former adjudication, see "Judg

ment or transfer. ment," $ 5.

A subsequent indorser's liability to a bona

fide holder is not affected by the fact that such BENEFICIAL ASSOCIATIONS. subsequent indorsement was for accommoda

tion, of which the holder had knowledge.-PackSee "Associations."

ard v. Windholz (Sup.) 666. Building or loan associations, see "Building · Under Negotiable Instruments Law, Laws and Loan Associations.”

1897, p. 734, c. 612, 116, a subsequent indorser of a note held to guaranty the genuineness of a prior forged indorsement, and that the

note was a "valid and subsisting obligation." Acceptance of, as ground of ratification, see

Packard v. Windholz (Sup.) 666. "Principal and Agent," $ 3.

$ 5. Presentment, demand, notice, and

protest. BEQUESTS.

By express provisions of Laws 1897, p. 742.

C. 612, $ 183, notice of dishonor is dispensed See "Wills."

with when, after the exercise of reasonable diligence, it cannot be given to, or does not

reach, the parties sought to be charged.-FouBEST AND SECONDARY EVIDENCE.

seca v. Hartman (Sup.) 131. In civil actions, see "Evidence," $ 3.

Where the holder of a note does not know where the indorser lives, but can ascertain

by reasonable endeavor, in order to hold him BETTING.

liable, he must so ascertain.-Fonseca v. HartSee "Gaming.”

man (Sup.) 131.

Notice of protest held insufficient to bind inBIAS.

dorser, under Laws 1897, pp. 739, 742, c. 612,

$8 160, 179.-Fonseca v. Hartman (Sup.) 131. Of juror, see "Jury,” $ 2.

Under the express provision of Negotiable InOf witness, see "Witnesses," $ 4.

struments Law, Laws 1897, p. 741, c. 612, $

176, where notice of dishonor is duly deposited BIDS.

in the post office, the sender is deemed to have

given due notice, notwithstanding any miscarAt judicial sales, see "Judicial Sales."

riage in the mails.--State Bank v. Soloman

(Sup.) 976.
BILL OF PARTICULARS. 8 6. Payment and discharge.

Under Negotiable Instrument Law, Laws See "Pleading," $8 4, 5.

1897, p. 744, c. 612, 88 2, 3, and section 200, subd. 5, relating to discharge of negotiable in

struments, a note held discharged by delivery BILLS AND NOTES.

thereof to the maker upon part payment.

Schwartzman v. Post (Sup.) 922. Authority of agent to execute, see “Principal and Agent," $ 3.

§ 7. Actions. Effect of composition agreement, see "Composi- In case of negotiation of a note in breach of tions with Creditors."

faith, held, that the assignee had the burden of Of corporation, see "Corporations," $ 4.

proving that he was a bona fide purchaser, Parol or extrinsic evidence, see "Evidence," Laws 1897, pp. 732, 733, c. 612, $$ 94, 98.$ 8.

Mitchell v. Baldwin (Sup.) 1043.

· BLACKMAIL.

1 & 3. Compensation and lien.

A broker may not recover commissions, his See "Threats.”

services being rendered in violation of Pen. Code, $ 610d, because he had no written author

ity to offer the property for sale.-Adler v. BODY EXECUTION.

Schaumberger (Sup.) 235. See "Execution,” $ 3.

A broker cannot recover commissions for the sale of real estate, without proving his written

authority.-Peck v. Antes (Sup.) 252. BONDS.

A broker, selling property of a wife at the in

stance of her husband, who had no written Of liquor dealers, see "Intoxicating Liquors," authority from her, was not entitled to commis$ 2.

sions, under Laws 1901, p. 312, c. 128.-Charles Sureties on bonds, see “Principal and Surety." v. Arthur (Sup.) 284. Bonds in legal proceedings.

In an action by a broker for commission for See “Attachment," $ 3; “Bail"; "Costs," $ 3;

finding a purchaser for a building, held, that a "Criminal Law," $ 4; "Replevin," $ 3.

finding that he was the procuring cause of the
sale was against the weight of the evidence.-

Phinney v. Chesebro (Sup.) 449.
BOYCOTT.

Where a real estate broker is guilty of any

misrepresentation or deception which induces Restraining, see "Injunction,” g 2.

the principal to contract for the sale, he can

not recover commissions.-Whaples v. Fahys BREACH.

(Sup.) 793.

Real estate broker held entitled to commisOf condition, see "Insurance," 88 4, 5.

sions under contract to effect exchange of Of contract, see "Contracts," $ 4; "Sales," & 3; property, though exchange was not finally con"Vendor and Purchaser," $ 1.

summated.-Charles v. Cook (Sup.) 867. Of covenant, see “Covenants," 8 2.

Iu an action for broker's services, evidence Of warranty, see "Sales," $8 5, 7.

held to support a judgment for plaintiff.-Sny

dam v. Vogel (Sup.) 915. BRIBERY.

Broker held not entitled to commission for the

sale of a leasehold.-De Zavala v. Royaliner A bribe is the giving or receiving of anything (Sup.) 969. of value, intended to influence one in the dis

| $ 4. Actions for compensation. charge of a legal duty.- People v. Van De Carr

Plaintiff, in an action on an express contract (Sup.) 461.

to pay a certain commission for procuring a Facts held to sufficiently show an offense, un

certain sale, may not recover on proof of a der Pen. Code, & 72, punishing bribery, to war

custom to pay such a commission.-King V. rant an order to answer the charge.-People v.

Hammond (Sup.) 121. Van De Carr (Sup.) 461.

A broker, suing for his commission in procur

ing premises for defendant, held to have the BRIDGES.

burden of establishing the contract sued on and

its performance.-Schatzberg v. Groswirth (Sup.) § 1. Establishment and maintenance. 259.

Joint liability of towns to repair bridge over a stream forming their boundary line deter BUILDING AND LOAN ASSOCIATIONS. mined.-Town of East Fishkill v. Town of Wappinger (Sup.) 1067.

A building association, incorporated under Laws 1851, p. 234, c. 122, is insolvent where it

is unable to repay the contribution of its stockBROKERS.

holders.-People v. New York Building Loan See "Factors"; "Principal and Agent."

Banking Co. (Sup.) 844. Bill of particulars in action for compensation,

Payments on shares of stock of building assosee "Pleading," & 4.

ciation held liabilities, in determining the solv

ency of the association.-People v. New York § 1. Regulation and conduct of business Building Loan Banking Co. (Sup.) 844. in general.

Under Laws 1902, p. 114, c. 60, $ 3, receiver Laws 1901, p. 312, c. 128, declaring it a mis- of building association should convert assets demeanor to sell or exchange property without into cash with reasonable diligence.-People v. written authority from the owner, is constitu- | New York Building Loan Banking Co. (Sup.) tional.-Charles v. Arthur (Sup.) 284.

844. § 2. Employment and authority.

In action by member against building associaWife held to have ratified acts of husband's tion to recover dues, held, that he must show agent in procuring contract for exchange of existence of fund from which they might be property.-Charles v. Cook (Sup.) 867.

withdrawn under the certificate and by-laws.

230.

and 118 New York State Reporter Ronca v. New York Building Loan Banking Co. cient to show that they were damaged while (Sup.) 879.

in possession of the delivering carrier.-Thyll Member of building association. borrowingv. New York & L. B. R. Co. (Sup.) 175. money from it on his stock, cannot escape lia-i Where a shipping contract exempts the carbility on the ground that it could loan only rier from liability for damages by wet, the shipon real estate security.-Coggeshall v. Sussman per must establish that the carrier negligently (Co. Ct.) 1097.

permitted the goods to become wet.—Thylly.

New York & L. B. R. Co. (Sup.) 175.
BUILDINGS.

In an action for damages to goods, evidence

held sufficient to relieve connecting carrier from Injuries from defective construction, see “Neg liability, because the goods were wet when finalligence," $ 1.

ly delivered.—Thyll v. New York & L. B. R.

Co. (Sup.) 175.
BULK STOCK LAWS.

A receipt by a carrier for goods in apparent

good condition held to raise no presumption Sale in bulk as ground for arrest, see “Arrest," against the carrier as to their actual condition 8 1.

when received.-Thyll v. New York & L. B.

R. Co. (Sup.) 175.
BUSINESS NAMES.

A receipt given by an employé of a delivery

company held not to constitute the contract. See “Partnership,” 1.

so as to limit the company's liability for loss

of the baggage to the amount stipulated therein. CALENDARS.

-Pompilj v. Manhattan Delivery Co. (Sup.) Of causes for trial, see “Trial,” $ 2.

Defense of lien for storage charges held not available to carrier, in trover for wrongful sale

of goods, under Laws 1899, p. 1294, c. 582, CANCELLATION OF INSTRUMENTS. unless pleaded.--Haebler v. New York Cent. &

H. R. Ř. Co. (Sup.) 509. See "Reformation of Instruments."

Bill of lading held not to render a carrier Cancellation of insurance policy, see "Insur- liable for failure of connecting carrier to propance," $ 3.

erly ice_refrigerator car containing perishable Setting aside fraudulent conveyances, see goods.-Farnsworth v. New York Cent. & H. R. "Fraudulent Conveyances," $ 3.

R. Co. (Sup.) 658.

$ 2. Carriage of passengers. CARGO.

In an action against a street railway for inSee "Shipping."

juries, evidence held to have warranted a find

ing that the striking of plaintiff by defendant's CARNAL KNOWLEDGE.

motorinan was the cause of plaintiff's injuries.

--Moritz v. Interurban St. Ry. Co. (Sup.) 162. See "Rape.”

In an action against a street railway for in

juries, held, that a variance between pleading CARRIERS.

and proof was immaterial.--Moritz v. Interur

ban St. Ry. Co. (Sup.) 162. Harmless error in admission of evidence in ac- A street railway company held liable for act tion for injuries to passenger, see "Appeal,"

of motorman in striking a passenger.-Moritz $ 12. Self-serving declarations as evidence in action

v. Interurban St. Ry. Co. (Sup.) 162. for injuries to goods, see "Evidence," $ 5.

Receipt issued by carrier, limiting liability to

$25 on loss of baggage, held not binding on f 1. Carriage of goods.

the passenger.-Engberman v. North German A public cartman held not entitled to a lien Lloyd S. S. Co. (Sup.) 201. on property in respect to which he had performed no act of carriage.-Taylor v. Smith

Evidence, in an action for injuries sustained (Sup.) 13.

| while attempting to board a street car, held not

to show negligence on the street car company's A public cartman, seeking a lien on property | part.-Meyerowitz v. Interurban St. Ry. Co. under the ordinances of New York City, must (Sup.) 233. convey it to the property clerk of the police

Where a passenger on a sleeping car gave his department, or to a convenient storage warehouse, and not keep it in his own possession.

umbrella to the porter, and it was never returnTaylor v. Smith (Sup.) 13.

ed to him, the negligence of the company was

sufficiently shown.-Irving v. Pullman Co. (Sup. Shipper of package by express held, under 248. the receipt, entitled to recover not more than $50 for loss of the package.-Wilson v. Platt

In an action by a passenger against a street

railway company for personal injuries, held er (Sup.) 143.

ror to refuse to dismiss the complaint after In an action for damages to goods shipped plaintiff's evidence.--Grabenstein v. Metropolifrom a foreign country, evidence held insuffi- 1 tan St. Ry. Co. (Sup.) 261.

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