16. One H. performed work upon a carpen- 17. The affidavit stated a certain amount to See ASSIGNMENT, 4; BANKS, 2, 3; PRACTICE, ATTORNEYS. 1. An attorney who, under the authority of 2. Where an attorney after collecting the 3. An attorney who searches title of a person 4. In the absence of such express agreement 5. An attorney of this court must be a citizen 6. Where a party is sued for the act of his 7. Where an innocent mistake in the law is 8. Although an application to the General Term of one department for admission after a similar application to another has been denied is irregular, yet if it could be lawfully made the order made on such second application cannot be assailed collaterally and the license in that manner revoked.-In re Burchard, 268. 9. Attorneys, &c., in New York are not officers of the State, but are merely officers of the courts in which they are entitled to practice.-Id. 10. An attorney's license which has been obtained illegally can be revoked by a summary proceeding, and it is not necessary that his title to it should be tried by a regular action.-Id. 11. A summary proceeding for this purpose need not be instituted by a person injuriously affected, but may be instituted by any person who can supply the necessary information.-Id. 12. The phrase "existing laws," as used in a statute, denotes the statutes of the State remaining unrepealed on the day before the act containing it goes into effect.-Id. 13. If an attorney uses false and fraudulent representations to induce his client to settle a suit and to obtain extravagant and excessive compensation for his services he is! liable in damages therefor.-Jones v. Dusin- | berre, 286. 14. In an action to recover extortionate fees obtained by an attorney by means of fraud and deceit, evidence as to the value of defendant's services and as to the amount paid to him is admissible.-Id. 15. Where a stenographer is employed in the progress of an executor's accounting before an auditor under a suggestion which is acceded to by the counsel for a creditor appearing as a party in interest upon such accounting, such creditor is thereby bound for the payment of the stenographer's fees, irrespective of the question whether he filed objections or instituted the proceeding. — Harry v. Hilton, 403. 16. Plaintiff was substituted in place of one S., the original plaintiff, by an order, which recited that G., the attorney of S., had liens on the action for services performed, and that the substitution was made on condition that W., the judgment creditor, at whose suit plaintiff was appointed receiver, should pay G.'s claim. Neither S nor plaintiff had notice of the order until defendant had paid the money. The agreement as to the amount of the claims was made between G. and W.'s attorney. Execution having been issued upon an amount found due S. on an accounting for rents, defendant, on motion, procured an order to compel plaintiff to apply the sum paid by defendant to G. in satisfaction of the judgment for rent and costs, and to pay defendant the balance. Held, Error; that as no personal notice was served on S., G.'s interest in the matter being hostile to his client's, he could not represent or bind him in regard to it; that defendant's claim, if any, could only be enforced by an action for money paid for the benefit of S. or the receiver; it cannot be enforced by motion.-Goddard v. Stiles, 536. See ASSIGNMENT, 3; EVIDENCE, 21, 22; SHERIFFS, 2. AUDIT. 1. No Court can audit any claim against a county or order any claim to be paid except by authority of some statute.-In re Tinsley, 320. 2. The words "board of town officers," used in § 2, Ch. 172, Laws of 1863, mean the town auditors.-The People ex rel. Bechtel v. Welbrock, 488. 3. A Commissioner of Highways is required to account with the Board of Town Auditors for moneys received and disbursed by him and cannot be required to account with the Board of Town Officers for the same.-Id. AWARD. 1. An award was made to a RR. Co. for expenses in raising its road bed, &c., on account of a contemplated reservoir, and the commissioners directed it to be paid to W., the contractor. The order of confirmation directed it to be paid to the contractor who should do the work. This order was made without notice to W., who did some of the work, and was then advised by the officers of the Croton Dept. to stop, as the appropriation would not hold out. The railroad was afterwards sold under foreclosure and a new company formed, which employed R. to do the work, which he performed at a cost exceeding the award. On notice to W., an order was made amending the former order by directing the award to be paid to R., without prejudice to W.'s rights against either RR. Co. Held, That the direction of the commissioners that the award should be paid to W. did not give him such a vested right in the award as precluded the Court from directing that it be paid to R.; that W. having had notice of the motion to amend, the order entered thereon was valid as to him.-In re application of Roberts v. Warren, 573. See ASSIGNMENT, 3, 4; EMINENT DOMAIN, 8, 9. BAIL. See ARREST, 6, 7; Costs, 3, 4. BAILMENT. 1. Where goods are deposited for storage under an assurance that they will be under guard of responsible and reliable men, and the price of storage is fixed with reference to such conditions, the contract is one of bailment, and the storehouse keeper assumes the obligation of ordinary care and prudence.-Jones v. Morgan, 318. 2. In an action to recover the value of goods lost through the negligence of the bailee, where the goods were second-hand and had no market value, Held, That evidence as to their original cost, use and condition when stored, was admissible, as it was the best proof of the value that could be given under the circumstances.-Id. 3. Expenses incurred in the recovery of the goods, and in the repair of such as were recovered in a damaged condition, are proper items of damages in such an action.--Id. BANKRUPTCY. 1. A sale made in pursuance of an order in bankruptcy which specifies neither the time nor manner of sale is void.-Smith v. Long et al., 321. 2. A discharge in bankruptcy is no bar to an action on a judgment subsequently recovered. It is not material that the judgment was entered on a default taken before the discharge was granted.--The Revere Copper Co. v. Dimock, 349. 3. In such an action the defendant may ask to have the judgment vacated or its collection perpetually restrained, but in such case he must allege and prove fraud, imposition, mistake, or some other ground for equitable interference, and must excuse his omission to move for relief in the original action.-Id. See FRAUD, 1, 4; JUDGMENT, 4. BANKS. 1. Plaintiff and one O. opened an account with defendant in their joint names, each contributing to the fund, and plaintiff informed defendant's officers that either or both of them could draw the money. died, leaving the pass book with his wife. Plaintiff notified the defendant not to give the money to O.'s wife when she presented the pass book, but it afterwards did so on presentation of the book and letters of administration. In an action to recover the amount on deposit, Held, That defendant having had notice of plaintiff's rights could not justify payment to O.'s representative under the original authority or by reason of the rule in the pass book if the money of right belonged to plaintiff, but that plain tiff was only entitled to recover of defendant to the extent of her actual interest in the fund, and that a direction for a verdict in plaintiff's favor for the whole amount of the deposit was erroneous.-Mulcahy v. The Emigrant Industrial Savgs. B'k, 27. 2. Notwithstanding the certification of a check by a bank the debt evidenced by the check is liable to be attached in a suit against the depositor.- Bills et al. v. The National Park B'k, 175. 3. A railroad company which deposited with defendant gave a check for its balance of account to R., its assistant treasurer, and the same was certified. An attachment in an action by plaintiff against the railroad having been served on defendant, R. opened an account and deposited the check to his individual account with other drafts of the company and afterwards drew the same on his individual checks. Defendant knew R.'s official position and had reason to believe that the securities deposited belonged to the company and that he intended to and did apply them to pay just debts of the company. Heid, That defendant could not defend itself by showing payment of the check to one who to its knowledge did not hold it for value or in good faith, but who in fact held it for the company.―ld. 4. A check was certified by defendant and afterwards raised, and plaintiffs thereafter took it, relying on the declarations of defendant's teller, in answer to an inquiry, that the certification was good. It ap peared that said check never reached the payee, and that payment thereof had been stopped, but the teller did not know such fact. Held, That plaintiffs did not obtain lawful title to the check and could not enforce payment of it against defendant; that as the inquiry related only to the genuineness of the certification, defendant was not estopped by the declaration of the teller from denying its liability to plaintiffs.-Clews et al v. The Bk. of N. Y. Nat'l Banking Assn., 196. 5. The certification of a check merely guaranties the genuineness of the maker's signature, and that he has sufficient funds in bank to meet it, and engages that said funds shall not be withdrawn to the prejudice of a bona fide holder.-Id. 6. Where the resolution electing a president and general actuary of a savings bank provided that he should receive for his services such sum as the net profits of the institution would warrant, not to exceed $1,000 per annum, Held, That the contract was to pay him $1,000 in annual payments out of the profits of the preceding year, if earned, and that the bank could not charge against the profits of one year the losses of a succeeding year.-Jennery v. Olmstead et al., 457. 7. Where the pass-book of a depositor in a bank is written up and delivered to him, it constitutes an account stated, and where it is retained by him without objection, and is written up several times upon the same basis, and the amount shown therein drawn out, and several years elapse before a formal demand is made for the amount of certain missing checks claimed to be charged thereon in error, there is clear evidence of an account settled.-Clark v. The Mechanics' Natl. Bk., 505. 8. The assets of a savings bank belong to the depositors and, on its dissolution, each is entitled only to his pro rata share after payment of the necessary expenses. Hence, an expense of administration incurred before the appointment of a receiver is entitled to payment in full from the fund.--The People v. The Mechanics' & Traders' Savgs. Inst., 524. See Costs, 13, 14; JUDGMENT, 3. BAR. 1. The recognition as genuine of a forged signature of the party paying bars an action to recover back the money paid.-Lewis v. White's Bk. of Buffalo, 127. 2. Plaintiff having been dispossessed as tenant from certain premises, by default, in summary proceedings for nonpayment of rent under a written lease letting the premises for one year from May 1, 1876, brought this action to recover damages for breach by the landlords of certain agreements between them and herself, in June and July, 1876, whereby they were to make repairs and alterations to be finished October 1, the tenant to pay no rent till their completion, when she was to have the premises at an increased rental, receiving credit for May and June rent paid. Held, That the action cannot be maintained, the alleged contract being directly negatived by the unreversed judgment in the summary proceedings, which settled the tenancy, the rent due and unpaid, and the holding over after default in payment.-Nemetty v. Naylor et al., 258. See BANKRUPTCY, 2; EXECUTORS, 20; FACTORS; FRAUD, 6; PARTNERSHIP, 10. unknown) and in the written portion stated that such articles were "30 bbls. eggs, Held, That in the absence of proof of fraud on defendant's part, the bill of lading imported only that defendant had received that number of packages described as containing or purporting to contain eggs, but the actual contents of which were unknown.-Id. 3. One who makes advances on such bill of lading is chargeable with knowledge of its contents and must be deemed to have relied on the assurance of the shipper as to the contents of the packages.-Id. See COMMON CARRIERS, 3, 4. BILL OF PARTICULARS. 1 The right to serve a demand for a copy of the account of the adverse party is not limited to the case of an account stated-Barkley v. The R. & S. RR. Co., 314. 2. It seems that a motion to set aside such a demand is not proper.-Id. See SLANDER, 1. BOARD OF EDUCATION. 1. Where a district meeting approved of crude and incomplete plans for a school building presented by the Board of Education, which were afterwards lost, and the succeeding Board acted upon the resolution of their predecessors and caused plans to be made which followed the original ones in all material respects, so far as could be ascertained, and contracted for a building at a price greater than the sum appropriated, there having been a rise in the cost of labor and materials meantime, Held, That the latter Board were not liable under the statute for neglect of official duty.- Williams et al. v. The People, 371. BOND. 1. Where defendant in a suit on his bond, given as a part of a certain transaction, has performed his part of the agreement, viewing the bond in connection with all the other parts of the transaction, his performance is a good defence; as is plaintiffs' failure to perform on their part. Baker et al. v. Hotchkiss, 129. 2 Although a certain fraud cannot be set up as defence, defendant being estopped, yet it may be introduced as part of the history of the cause and as showing the position of the parties. Id. 3. Where the promisor is only a mortgagee, he is not liable to the holder of a prior mortgage on his promise to any other person to pay it. Even if he is a grantee, yet, if his grantor was not personally liable, the prom isor does not become liable to the holder of 4. The sureties on a bond given to secure 5. The sureties on an official bond are only liable for the conduct of their principal while he remains in office and cannot be See CONSTITUTIONAL LAW, 3; ESTOPPEL, 1 ; BROKERS. 1. Defendants agreed to purchase and carry 2. Where an agent procures an assignment of 3. Plaintiffs sent merchandise to S. to sell for portion on an old debt due from S. and 4. After being notified of plaintiffs' claim de- 6. Where defendants made an unauthorized See INTEREST, 3. CHATTEL MORTGAGE. 1. Plaintiff gave a bill of sale on her stock of 2. The intention to create a fluctuating lien 3. Though such intention be shown by parol 4. A chattel mortgage is prima facie evidence |