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ing of damages to sustain the attachment.-C. | ment of the real estate for taxation.-In re Tennant Sons & Co. v. New Jersey Oil & Meal Ely, 139 N. Y. S. 729. Co., 139 N. Y. S. 1023.


See Witnesses, § 27.


See Appeal, $ 1050: Courts, § 189; Evidence, $590; Joint Adventures; Judgment, $ 143; Libel and Slander, §§ 7, 121; Pleading, 258; Trial, § 127; Usury; Wills, §§ 164, 166.


(C) Suspension and Disbarment.

$189 (N.Y.Sup.) Attorney's right to compensation upon a settlement by his client held limited by the agreement of retainer, and a recovery on quantum meruit for more than the stipulated amount could not be had.-In re Winkler, 139 N. Y. S. 755.

Where action for conversion of chattels was by plaintiff paying defendant's innkeeper's lien settled without knowledge of plaintiff's attorney and accepting a return of the property, the attorney's lien was not enforceable against defendant without proof of plaintiff's right to recover and collusion by the parties to deprive him of his fees.-Id.

In an action for conversion of chattels, defendant held charged with notice of plaintiff's attorney's lien on the cause of action, but not with notice of the attorney's right to specific chattels under an agreement with his client.

§ 40 (N.Y.Sup.) An attorney will be disbarred for concealing the fact that he had been convicted of a felony prior to his admission.--Id. In re Kristeller, 139 N. Y. S. 64.

§ 54 (N.Y.Sup.) Where the charges of a petitioner on motion to discipline an attorney are indefinite and unsustained by the slightest evidence, excepting some general statements as to matters upon which petitioner could have no personal knowledge, the proceedings will be dismissed. In re Moffett, 139 N. Y. S. 545.


See Attorney and Client, § 86; Principal and
Agent, §§ 100-164.


See Damages, § 39: Highways, § 186: Municipal Corporations, § 706; New Trial, § 35.


§ 61 (N.Y.Sup.) Where the referee, on petition by an attorney for a rehearing of the application to disbar him and for his reinstatement, found that the attorney was not guilty of the charges on which he was disbarred, and the See Carriers, §§ 387, 391. representative of the Bar Association appearing before the referee approved his report, the court will reinstate the attorney.-In re Oppen

heim, 139 N. Y. S. 1053.

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See Banks and Banking. §§ 126, 148; Carriers. $ 57: Innkeepers: Insurance, §§ 164, 579, 624, 648, 665; Pledges.


See Banks and Banking, § 317; Estoppel;


(B) Assignment, and Title, Rights, and
Remedies of Trustee in General.

$150 (N.Y.Sup.) Although the title to land passes to the trustee in bankruptcy by the proceedings in bankruptcy, if he so elects, he is not required to accept it, if in his opinion it is Light, 139 N. Y. S. 853. worthless or will be unprofitable.-McCarty v.

$ 156 (N.Y.CityCt.) A defendant's trustee in bankruptcy is entitled to move in the state court for vacation of an attachment on a bankrupt's property.-C. Tennant Sons & Co. v. New Jersey Oil & Meal Co., 139 N. Y. S. 1023. (C) Preferences and Transfers by Bankrupt, and Attachments and Other Liens.

$195 (N.Y.CityCt.) Where an attachment was discharged on the giving of a surety undertaking for which defendant had deposited indemnifying securities, and defendant became a bankrupt within four months, the attachment will be vacated on motion by the bankrupt's

trustee.-C. Tennant Sons & Co. v. New Jersey | state comptroller under Code Civ. Proc. § 746, Oil & Meal Co., 139 N. Y. S. 1023.

§ 196 (N.Y.Sup.) Where a judgment is rendered within four months of an adjudication of bankruptcy, it becomes a lien on real estate which the trustee does not elect to take, in spite of Bankruptcy Act July 1, 1898, § 67f, although not effective as against the trustee, or persons claiming under him, or the insolvent personally.-McCarty v. Light, 139 N. Y. S.


V. RIGHTS, REMEDIES, AND DISCHARGE OF BANKRUPT. 8433 (N.Y.Sup.) Where a judgment creditor proved his claim against the estate of a bankrupt, but got nothing thereon, and there was nothing to show that he had surrendered or waived the lien of his judgment on land not sold by the trustee, such lien was not affected by the discharge in bankruptcy of the judgment debtor, under Bankruptcy Act July 1, 1898, § 57g, as amended by Act Feb. 5, 1903, § 12.McCarty v. Light, 139 N. Y. S. 853.


money deposited by a trustee or receiver in
bankruptcy is, under Banking Law, $$ 189, 190,
entitled to preference, as a deposit of "money
paid into court," or "brought into court."
Morris v. Carnegie Trust Co., 139 N. Y. S.

See Abatement and Revival, § 8; Judgment, §§
596-952; Limitation of Actions.


See Assault and Battery.


See Insurance, §§ 723-777; Perpetuities, § 6.

See Wills.

See Evidence, §§ 181, 182.

See Carriers, § 57; Courts, § 188; Evidence,
§§ 121, 236, 265, 332; Gifts, §§ 30, 82; Guar-
anty, 74; Principal and Surety, § 147; Re-
ceivers; Subrogation; Trusts. § 59; Wills, See Witnesses, § 367.
$$ 487, 488; Witnesses, §§ 150, 159.


III. FUNCTIONS AND DEALINGS. (B) Representation of Bank by Officers

and Agents.



See Municipal Corporations, § 354.



116 (N.Y.Sup.) Notice of the dissolution of a firm, received by the officers and directors See Evidence, § 80. of a bank receiving its note, would constitute notice to the bank.-Union Nat. Bank of Franklinville v. Dean, 139 N. Y. S. 835.

(C) Deposits.

See Carriers, § 57.



§ 126 (N.Y.Sup.) In an action on a draft drawn upon defendant bank, and on receipt of which it notified plaintiff that it had received See Pleading, §§ 317-323. the draft for its credit held that, in the absence of proof that plaintiff sustained damage by reason of not making an effort to collect because of such notice, or that if it had done so it could have collected the debt or some part of it, plaintiff could not recover.-Walnut Hill Bank v. National Reserve Bank of City of New York, 139 N. Y. S. 117.

§ 148 (N.Y.Sup.) Where plaintiff, discounting a note made by S. to M. and B., indorsed in blank in their names, and presented by V., gave V. a check payable to M. and B., and the bank paid it on its indorsement in the name of M. and B., forged by S., as had been the indorsement of the note, it could not charge the payment to plaintiff, even if he was negligent_in delivering the check to V.-Kobre v. Corn Exchange Bank, 139 N. Y. S. 890.


$317 (N.Y.Sup.) On dissolution of a trust company designated as a depository under Bankruptcy Act July 1, 1898, § 61, and by the

See Abatement and Revival, § 8; Action, § 25; Banks and Banking, §§ 116, 126. 148; Evidence, §§ 400, 402; Good Will; Guaranty, §§ 53, 74; Judgment, $ 951; Libel and Slander, $9; Partnership, §§ 292, 296; Pleading, §§ 120, 317; Pledges; Replevin, § 4; Sales. $ 430; Subrogation; Trial, § 3; Trusts, § 358; Usury.

I. REQUISITES AND VALIDITY. (B) Form and Contents of Promissory Notes and Duebills.

§ 47 (N.Y.Sup.) A note being given on condition that the maker should not be called on to pay it, if, when it was due, the indebtedness of the payee to another, payment of which the maker had guaranteed, existed to the amount of the note; and, the indebtedness having so existed at such time, the note never had a valid inception.-Copans v. Dougan, 139 N. Y. S.


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

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See Corporations, § 320; Costs, § 169; Execu-
tors and Administrators, § 509; Interest,
37; Mechanics' Liens, § 115; Mortgages,
25; Principal and Surety; Reference, § 99;
Replevin, § 124; Taxation, § 200; Undertak


$96 (N.Y.Sup.) An accommodation note, transferred to a third person, either in payment of or as collateral security for a pre-existing debt, is supported by a sufficient consid- See Evidence, §§ 181, 182. eration.-Martin L. Hall Co. v. Todd, 139 N. Y. S. 111.


§ 121 (N.Y.Sup.) Where a drawer of foreign drafts was to put New York bankers in funds 15 days before each draft was due, and they requested a foreign correspondent to pay the drafts and guaranteed it against loss therefrom, the correspondent, after acceptance of drafts, was the principal debtor as between itself and the holder, but as between itself and the drawer the drawer was the principal debtor.-Sexton v. Fensterer, 139 N. Y. S. 811.


(C) Assignment or Sale.

$316 (N.Y.Sup.) It is no defense to a note, as against an assignee, that he paid no consideration therefor.-Canning v. Lane, 139 N. Y. S. 884.

(D) Bona Fide Purchasers.



§ 20 (N.Y.Sup.) Descriptions in a mortgage of city lots beginning at the intersection of the exterior lines of two streets reserve the fee in the highway to the mortgagor.-De Baun v Pardee, 139 N. Y. S. 1077.



§ 48 (N.Y.Sup.) Plaintiff held estopped by acwhich had existed since 1883 or 1885 was not quiescence to claim that a boundary fence the actual boundary line.-French v. Wray, 139 N. Y. S. 339.


See Covenants; Sales; Vendor and Purchaser, §§ 130-175.


§ 371 (N.Y.Sup.) One who receives an ac- See Criminal Law, § 1073. commodation note, in payment of or as collateral security for a pre-existing debt, is a holder for value, though he knows that the maker

is an accommodation party.-Martin L. Hall See Canals. Co. v. Todd, 139 N. Y. S. 111.



$489 (N.Y.Sup.) Where, in an action on note, the answer relied on an affirmative defense, the mere production of the note on the trial established a prima facie case for plaintiff. -Oppenheimer v. Trebla Realty Co., 139 N. Y. S. 894.

§ 493 (N.Y.Sup.) Where there is no evidence that a note was without consideration, and it shows on its face that it was given for value, a recovery should be allowed.-Canning v. Lane, 139 N. Y. S. 884.

$ 497 (N.Y.Sup.) A purchaser for value of notes given for the price of goods, with knowledge of the terms of sale and of the seller's



See Evidence, § 400; Insurance, §§ 96, 102, 103; Limitation of Actions, § 46; Principal and Agent; Release, § 12.

II. EMPLOYMENT AND AUTHORITY. $8 (N.Y.Sup.) Evidence in an action for a broker's commission on a sale of real estate held insufficient to authorize a finding of employment of plaintiff.-Sanders v. Schultheis, 139 N. Y. S. 866.

$9 (N.Y.Sup.) Where an agent for subscribers to a stock pool account has authority to manage the account and close it out when he sees fit, his agency is terminated when he causes a transfer of the account to another account of

which he also has control.-Post v. Thomas, 139 | owning and operating the bridge, were entitled N. Y. S. 6.

A transfer of a stock pool account held a closing out of the pool account as to one of the parties interested therein.-Id.


to an injunction restraining the board and its employés from interfering therewith.-Halfmoon Bridge Co. v. Canal Board, 139 N. Y. S. 156.

CANCELLATION OF INSTRUMENTS. See Deeds, § 70; Insurance, § 730; Judgment, $199; Limitation of Actions, § 100; Quieting Title.

§ 24 (N. Y. Sup.) A stockbroker's action against a customer, to recover the balance due on margin transactions after having sold the customer out, could not be maintained, where the customer was given no notice of the time of sale.-Fairchild v. Flomerfelt, 139 N. Y. S. See Judgment, § 326. 44.

IV. COMPENSATION AND LIEN. § 74 (N.Y.Sup.) A brokerage firm, carrying a stock pool account for two persons and executing a release of one, on the theory that the other was liable for his interest, though he had been actually discharged, held entitled to sue the former on the account; the release being without consideration.-Post v. Thomas, 139 N. Y. S. 6.

V. ACTIONS FOR COMPENSATION. $88 (N.Y.Sup.) In an action for a real estate broker's commission for procuring a purchaser, a question of defendant's good faith in cancel ing the broker's authority to sell just before the sale was effected through another broker to a purchaser produced by plaintiff held, under the evidence for the jury.-L'Ecluse v. Field, 139 N. Y. S. 383.


See Contracts, § 198.


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See Appeal, § 215.


(B) Bills of Lading, Shipping Receipts, and Special Contracts.

$57 (N.Y.Sup.) Where an owner takes a bill of lading, "order (consignee) notify" C., and attaches a draft thereto, and delivers it to a bank for value, the title to the goods passes to the bank, and the carrier is liable to the bank for conversion if it delivers such shipment without surrender of the bill of lading.-Canandaigua Nat. Bank v. Cleveland, C., C. & St. L. Ry. Co., 139 N. Y. S. 561.

IV. CARRIAGE OF PASSENGERS. (D) Personal Injuries.

§ 280 (N.Y.Sup.) Owner or occupier of a store building, maintaining a passenger elevator therein, held not an insurer of the safety thereof, but only bound to use reasonable care as to the appliances provided and in the maintenance and operation thereof.-Rumetsch v. John Wanamaker, New York, 139 N. Y. S. 385; Mack v. Wanamaker, Id. 391; Dutcher v. Same, Id.


§ 280 (N.Y.Sup.) In submitting the question of a subway company's negligence in failing to protect passengers on its platform from the results of crowding, the standard of care taken should be that of one skillful in carrying on the business; the highest degree of practicable care not being required.-Bacon v. Hudson & M. R. Co., 139 N. Y. S. 740.

§ 286 (N.Y.Sup.) A subway company's employés should give attention to prevent passengers congregating on a subway platform from congesting or crowding, so as to endanger the safety of passengers.-Bacon v. Hudson & M. R. Co., 139 N. Y. S. 740.

$287 (N.Y.Sup.) An electric railroad company held bound to anticipate crowding in attempting to board its cars, and to use reasonable care to protect passengers from injury_therefrom.-Reschke y. Syracuse, L. S. & N. R. Co., 139 N. Y. S. 555.

$293 (N.Y.Sup.) In an action for injuries to a patron of a department store by the breaking § 17 (N.Y.Sup.) The canal board having taken of a steel band supporting an elevator, defendno steps to erect a new bridge or appropriate ant held not negligent in failing to ascertain complainants' toll bridge over the Mohawk riv- and repair the defect prior to the under Barge Canal Act, § 3, complainants, Rumetsch v. John Wanamaker, New York, 139 For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER

N. Y. S. 385; Mack v. Wanamaker, Id. 391;
Dutcher v. Same, Id. 392.

$317 (N.Y.Sup.) Admission of evidence to show precautions taken at other stations and upon other roads to prevent passengers being forced against and between moving cars held proper.-Reschke v. Syracuse, L. S. & N. R. Co., 139 N. Y. S. 555.

$318 (N.Y.Sup.) In a subway passenger's action for injuries by being pushed from the platform onto the track by other passengers, evidence held not to sustain a finding that defendant's employés were negligent in not exercising due care to control and restrain the passengers on the platform.-Bacon v. Hudson & M. R. Co., 139 N. Y. S. 740.

(H) Palace Cars and Sleeping Cars. $413 (N.Y.Sup.) If a porter neglected to watch a bag which he received from a passenger on her retiring, and permitted its contents to be stolen, or himself stole it, the sleeping car company would be liable therefor.-Sherman v. Pullman Co., 139 N. Y. S. 51.

§ 417 (N.Y.Sup.) Evidence in a Pullman car passenger's action for loss of baggage held to sustain a judgment for plaintiff.-Sherman v. Pullman Co., 139 N. Y. S. 51.

The failure of the porter of a Pullman car to return to a passenger articles delivered to him on retiring was prima facie evidence of negligence.-Id.


Evidence, in a subway passenger's action for injuries by being crowded off the platform onto the track, held not to show negligence in fail- See Weapons. ing to prevent the entrance of more passengers, because of the crowded condition of the platform.-Id.


See Gifts, § 82.

$320 (N.Y.Sup.) Evidence held to present question for jury whether plaintiff was forced between motor car and a trailer, and injured, by the pressure of the crowd, as claimed by See Action. him.-Reschke v. Syracuse, L. S. & N. R. Co., 139 N. Y. S. 555.

Question whether railroad company should have furnished more men than it did to assist in controlling a crowd at station held to be for the jury. Id.

Question whether railroad company should have erected barriers at a station to control crowds held properly submitted to the jury.-Id.



$5 (N.Y.Sup.) A company formed as a business corporation, with wide and general commercial powers, is not entitled to the rights of a cemetery corporation.-Grace v. Repose Mausoleums, 139 N. Y. S. 300.


See Chattel Mortgages, §§ 11, 230; Partnership, §§ 361, 375; Property; Railroads, § 47; Replevin, §§ 4, 57; Street Railroads, § 22.


(F) Ejection of Passengers and Intruders. § 382 (N.Y.Sup.) The fact that a carrier acts on the advice of counsel in claiming a second fare and ejecting a passenger for refusal to pay goes only to the mitigation of damages, See Attorney and Client, § 182; Taxation, § and not to the right to recover exemplary damages.-Daymon v. Westchester St. R. Co., 139 N. Y. S. 751.

That a conductor, in ejecting a passenger who has paid all that the law requires him to pay, acted in good faith and in the honest belief that the passenger was not entitled to further transportation without additional fare, does not affect the passenger's right to compensatory damages.-Id.



$7 (N.Y.Sup.) Where the title to the surface of land has been severed from that to the mines the mines and minerals while the owner of the and minerals underlying it, a conveyance of surface is carrying on mining operations is not champertous.-White v. Miller, 139 N. Y. s. CHANGE OF VENUE.


The right of a passenger wrongfully ejected to compensatory damages includes compensation for loss of time and the amount the passenger was obliged to pay for passage on another car, and also suitable recompense for See Venue, §§ 68, 77. injury to his feelings.-Id.

(G) Passengers' Effects.

§ 387 (N.Y.Sup.) A carrier must transport a reasonable amount of hand baggage, such as is commonly taken by travelers for their personal use; the quantity and value depending on the passenger's station in life and the purpose of the journey.-Sherman v. Pullman Co., 139 N. Y. S. 51.

$ 391 (N.Y.Sup.) A diamond necklace, carried by a female passenger, is baggage, though not used on the journey.-Sherman v. Pullman Co., 139 N. Y. S. 51.


See Witnesses, § 349.


To jury, see Criminal Law, §§ 1038, 1172, 1173:
Trial, § 251.



§ 10 (N.Y.Sup.) "Needy young women students" constitute a class, public in character,

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