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INDEX-DIGEST

Banks and Banking
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

untenable, there being no attempt to examine
such.-Id.

IV. COMPENSATION AND LIEN OF

ATTORNEY.
(B) Lien.

Court's power, under Debtor and Creditor
Law, to require production of books and pa-190 (2) (N.Y.Sup.) Court has inherent
pers, is very broad, if not unlimited.-Id.
Objection that order for examination of wit-power to prevent discontinuance in fraud of
nesses was ex parte, made after part of hear-attorneys.-Frear v. Lewis, 3.
Statutory remedies given attorney are cumu-
ing had been had, cannot be sustained.-Id.
lative as to right to prevent discontinuance

Failure of assignee's attorney to move to where client is insolvent.-Id.
vacate order of reference until after examina-190 (4) (N.Y.Sup.) Evidence held to show
tion of witnesses held answer to objections plaintiff's consent to discontinuance was in
raised in moving papers.-Id.
fraud of attorney and assignees.-Frear v. Lew-
is, 3.

See Insurance,

ASSOCIATIONS.
708-762.

7 (N.Y.Sup.) One who joins legally organ-
ized body, empowered to make laws regulating
conduct of members, becomes bound by such
laws.-Fairchild v. Tillotson, 39.

ATTORNEY AND CLIENT.

See Trial, 125.

1. THE OFFICE OF ATTORNEY.
(B) Privileges, Disabilities, and Lia-
bilities.

30 (N.Y.Sup.) Service rendered by a mem-
ber of a firm of lawyers is presumed to be
for benefit of firm.-Gratwick v. Smith, 568.

AUTOMOBILES.

See Livery Stable and Garage Keepers.

BAILMENT.

11 (N.Y.Sup.) Bailee's liability for loss of
goods extends to loss from riot or commotion.-
Brooklyn Clothing Corporation v. People's Nat.
Fire Ins. Co., 27.

BANKRUPTCY.

See Assignments for Benefit of Creditors.
II. PETITION, ADJUDICATION, WARRANT,
AND CUSTODY OF PROPERTY.

(C) Involuntary Proceedings.
100(1) (N.Y.Sup.) Adjudication of bank-
ruptcy, being fraudulently initiated, is not res
judicata of company's insolvency at time of
fraud.-Page v. Clark, 529.

(C) Suspension and Disbarment.
36(1) (N.Y.Sup.) Act providing for disci-
pline of attorneys does not apply to judges.-III.
In re Strahl, 385.

38 (N.Y.Sup.) Attorney not liable for
statements in course of trial.-In re Schwartz,

513.

42 (N.Y.Sup.) Attorneys cannot knowingly
aid or advise clients to disobey injunctive or-
ders. In re Apfel, 325.

42 (N.Y.Sup.) Affidavit stating committee
had "found" charges untrue held misconduct by
attorney. In re Moses, 358.

44(1) (N.Y.Sup.) Representing parties en-
titled to distribution of condemnation award
for land on which attorney's wife held tax lien
is unprofessional.-In re Moses, 358.

46 (N.Y.Sup.) Restitution of money con-
verted by attorney does not condone offense.
In re McEveety, 345.

58 (N.Y.Sup.) Censure of attorney who
advised and aided client to violate order of
court held sufficient punishment.-In re Apfel,

325.

58 (N.Y.Sup.) Conversion of money of cli-
ent by attorney held such misconduct as to
warrant suspension from practice for two
years. In re McEveety, 345.

ASSIGNMENT, ADMINISTRATION, AND

DISTRIBUTION OF BANKRUPT'S
ESTATE.

(B) Assignment, and Title, Rights, and

Remedies of Trustee in General.

140(3) (N.Y.Sup.) Corporation, whose
treasurer had without authority delivered cor-
poration's securities to bankrupt firm, of which
he was a member, not entitled to priority over
owners of other securities converted by firm.-
Asylum of St. Vincent de Paul v. McGuire, 48.

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58 (N.Y.Sup.) Attorney merely censured for
misconduct in advancing costs of litigation, in
absence of charges of fraud or misrepresenta-
tion and testimony as to good character, etc.-1882 (N.Y.Sup.) Delayed delivery of kro-
In re Tunnicliff, 449.
nen in Hungary, due to war conditions, enti-
tled buyer to recover price.-Temmer v. Zim-
mermann, 412.

58 (N.Y.Sup.) Attorney suspended for
charging fraud and deceit without grounds.-
In re Schwartz, 513.

III. DUTIES AND LIABILITIES OF AT-
TORNEY TO CLIENT,

to

109 (N.Y.Sup.) Attorney held liable
client for defect in mortgage intended to convey
property in another state.-Degen v. Steinbrink,
810.

129(2) (N.Y.Sup.) Evidence held sufficient
prima facie proof of damage.-Degen v. Stein-
brink, 810.

1882 (N.Y.Sup.) Express company, un-
dertaking to transmit money to foreign coun-
try, held required to procure bank book.-
Dermer v. Barrett, 703.

VI, LOAN, TRUST, AND INVESTMENT
COMPANIES.

315(3) (N.Y.Sup.) Trust company liable
for paying out for depositor's individual use
funds which checks deposited showed were trust
funds. Whiting v. Hudson Trust Co., 829.

Bastards

BASTARDS.

195 NEW YORK SUPPLEMENT

I. ILLEGITIMACY IN GENERAL. 3 (N.Y.Sup.) Admitted daughter presumed to be legitimate.-Ellis v. Kelsey, 126.

BENEFICIAL ASSOCIATIONS.

See Insurance, 708-762.

BILLS AND NOTES.

1. REQUISITES AND VALIDITY. (C) Execution and Delivery. 60 (N.Y.Sup.) Presumed that one to whom instrument delivered has authority to fill in blank. Chelsea Exch. Bank v. Warner, 419.

II. CONSTRUCTION AND OPERATION.

129(3) (N.Y.Sup.) Note promising to pay, with no specific date stated, payable on demand.-Chelsea Exch. Bank v. Warner, 419. IV. NEGOTIABILITY AND TRANSFER. (A) Instruments Negotiable. 166 (N.Y.Sup.) Note held negotiable.-Chelsea Exch. Bank v. Warner, 419.

V. RIGHTS AND LIABILITIES ON IN

DORSEMENT OR TRANSFER.

(D) Bona Fide Purchasers. 353 (N.Y.Sup.) Surrendering other note and collateral, in consideration of new note, constitutes holder for value.-Chelsea Exch. Bank v. Warner, 419.

362 (N.Y.Sup.) Fraud not available as against transferee of negotiable certificate of deposit, to whom transferred after maturity for value without notice, where payee transferred certificate to bona fide holder for value without notice of fraud before maturity.-Dickson v. Merchants' & Farmers' Bank of Aliceville, Ala., 320.

371 (N.Y.Sup.) Accommodation maker liable to holder for value, notwithstanding knowledge of holder of character of maker.-Chelsea Exch. Bank v. Warner, 419.

380 (N.Y.Sup.) Title to note not affected by agreement between parties to return note to maker upon demand.-Chelsea Exch. Bank v. Warner, 419.

VIII. ACTIONS.

451 (1) (N.Y.Sup.) That bill of complaint had been filed against certificate of deposit was no excuse for refusal of payment.-Dickson v. Merchants' & Farmers' Bank of Aliceville, Ala., 320.

ment to purchase property, so as to entitle broker to commission.-Id.

Owner held not liable for commission on accepting a corporation as purchaser, in absence of a showing of knowledge of financial inability to carry out contract.-Id.

67 (2) (N.Y.Sup.) May receive commissions from both parties with knowledge thereof.Juell v. Export S. S. Corporation, 98.

V. ACTIONS FOR COMPENSATION. 85(10) (N.Y.Sup.) Customary commission no evidence of actual value of services.-E. A. Strout Farm Agency v. De Forest, 101. VI. RIGHTS, POWERS, AND LIABILITIES AS TO THIRD PERSONS.

100 (N.Y.Sup.) Owner who leaves securities with broker takes chance of losing them, if latter hypothecates them with pledgee, who takes them in good faith.-Asylum of St. Vincent de Paul v. McGuire, 48.

Where stockbrokers pledged securities belonging to others, some of which were sold by pledgee, owners of sold securities had no rights in unsold securities.-Id.

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Allowance of a percentage of amount to a contractor which had been retained held proper.-Id.

Time for completion of contract held not to have expired, when order for alteration was made.-Id.

20 (N.Y.Sup.) Sale of unused part of Erie Canal not forbidden by Constitution.-Kibbee v. Lyons, 563.

22 (N.Y.Sup.) Abandonment of unused spur of Erie Canal authorized by Constitution.Kibbee v. Lyons, 563.

CANCELLATION OF INSTRUMENTS. 1. RIGHT OF ACTION AND DEFENSES.

489(3) (N.Y.Sup.) Where note not alleged negotiated in bad faith, agreement between 28 (N.Y.Sup.) Cancellation in equity remaker and negotiator immaterial.-Chelsea fused, where the parties were wrongdoers in Exch. Bank v. Warner, 419. executing the instrument.-Cushing v. Hughes, 200.

BROKERS.

III. DUTIES AND LIABILITIES TO '
PRINCIPAL.

35 (N.Y.Sup.) Conversion held to lie without demand or notice of disaffirmance, on wrongful transfer of stock delivered to broker by infant.-Casey v. Kastel, 848.

Those aiding in transfer and sale of stock delivered to broker by infant held liable.-Id.

IV. COMPENSATION AND LIEN.

CARRIERS.

I. CONTROL AND REGULATION OF COMMON CARRIERS.

(A) In General.

mission to operate a bus line to party who had 8 (N.Y.Sup.) Grant of certificate of perO. & W. Ry. Co. v. Griffin, 112. no power to receive it held invalid.-New York,

8 (N.Y.Sup.) Operation of crosstown bus without a certificate of convenience and necessity, and without permit, held not justified by 54 (N.Y.Sup.) To recover commission, bro-"emergency."-Belt Line Ry. Corporation v. ker must show that purchaser found was ready, City of New York, 203. able, and willing.-Rosenblatt v. Bergen, 276.

12(5) (N.Y.Sup.) In fixing rates, valuation Purchaser held not able to carry out agree-of street railroad at pre-war cost, less depre

INDEX-DIGEST

Constitutional Law

CIVIL RIGHTS.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
ciations, held improper basis for valuation.-]
People ex rel. New York State Rys. v. Public
Service Commission, 174.

See Constitutional Law, 84-90.

CLASS LEGISLATION.

In fixing rates, valuation not controlled by
artificial rates, and a reasonable judgment bas-
ed on consideration of all relevant facts.-Id. See Constitutional Law, 230-240.
In valuing street railroad for fixing rates held
improper to exclude certain overhead expenses.
-Id.

(B) Interstate and International Trans-
portation.

32(1) (N.Y.Sup.) Carrier is

CLERKS OF COURTS.

67 (N.Y.Sup.) Case on calendar at passage
of statute entitled to remain.-Leveque v. Pel-
da, 74.

COMMERCE.

I. POWER TO REGULATE IN GENERAL.

answerable
for own and agent's acts in enforcement of tar-
iff schedules, and must see that rebate is paid 10 (N.Y.Sup.) States may legislate as to
and no discrimination practiced by them.-
Spencer, Kellogg & Sons v. Delaware, L. & W.
R. Co., 69.

Where charges for handling grain made by
rebating elevator company were collected by
carrier, it could not retain them, and payment
thereof to the company on a judgment would
not make the carrier liable.-Id.

IV. CARRIAGE OF PASSENGERS.
(B) Fares, Tickets, and Special Contracts.

interstate commerce to limited degree, where
no controlling enactment by Congress.-Rivara
v. James Stewart & Co., 841.

II. SUBJECTS OF REGULATION.

27 (7) (N.Y.Sup.) Cars which had been
shipped from another state and left on siding
for consignee though not "interstate
merce," were within the Safety Appliance Act.
-Camp v. Pennsylvania R. Co., 90.

COMMERCIAL PAPER.

261 (N.Y.Co.Ct.) That no signed receipt or
statement was executed concerning ticket pre- See Bills and Notes.
sented for redemption held no defense, in suit
to recover amount paid, unless requested.-
Thompson v. New York Cent. R. Co., 954.

Refusal to sign receipt or statement regard-
ing unused ticket held not to justify refusal to
redeem.-Id.

(D) Personal Injuries,

286(4) (N.Y.Sup.) Carrier held not liable
for injuries to passenger, whose hand was cut
or squeezed by rough piece of metal on arms
of turnstile gate, when he was jostled by crowd.
-Chakofsky v. Interborough Rapid Transit
, Co., 79.

CHAMPERTY AND MAINTENANCE.

COMMISSIONERS.

See Public Service Commissions.

com-

COMPOSITIONS WITH CREDITORS.

29(1)(N.Y.Sup.) Failure to disclose ex-
istence of corporation's note at time composi-
action against corporation for amount of note
tion agreement was entered into held to bar
paid by indorser.-Reiss v. Velleman & Co., 121.

COMPROMISE AND SETTLEMENT.
See Accord and Satisfaction; Compositions
with Creditors.

CONDEMNATION.

5(3) (N.Y.Sup.) Agreement to advance
costs and expenses of litigation held champer- See Eminent Domain.
tous. In re Tunnicliff, 449.

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CONDITIONAL SALES.

See Sales, 452-480.

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Constitutional Law

195 NEW YORK SUPPLEMENT

as

48 (N.Y.Sup.) Legislative acts should be tutional.-Kings County Lighting Co. v. Newupheld, unless substantial departure from or- ton. 147. ganic law. People ex rel. Ogden v. McGowan, 308 (N.Y.Sup.) Amendment 286. respects retroactive limitation as to right to redeem 48 (N.Y.Sup.) Statute will be upheld as against mortgagee in possession, held unconsticonstitutional, if possible.-People v. American | tutional.-Mooney v. Miller, 437. Socialist Soc., 801.

Statute should be given a constitutional construction, if susceptible of both a constitutional and an unconstitutional construction.--Id.

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CONTRACTS.

See Bills and Notes; Champerty and Maintenance; Compositions with Creditors; Covenants; Frauds, Statute of; Sales; Specific Performance; Vendor and Purchaser.

1. REQUISITES AND VALIDITY.
(E) Validity of Assent.

63(2) (N.Y.Sup.) Legislature may authorize adoption of general zoning ordinances in cit-95 (5) (N.Y.Sup.) Mortgage to daughter's ies.-City of Utica v. Hanna, 225. defrauded fiancé held void for duress.-Cushing v. Hughes, 200.

63 (2) (N.Y.Sup.) Daylight Saving Act not delegation of legislative power.-Briegel v. Day, 295.

IV. POLICE POWER IN GENERAL.

81 (N.Y.Sup.) Legislature may enact laws to prevent teaching of doctrines advocating destruction of state by force.-People v. American Socialist Soc., 801.

Any business of a public nature may be regulated by the Legislature under its police power.-Id.

V. PERSONAL CIVIL AND POLITICAL RIGHTS.

84 (N.Y.Sup.) State will not interfere with, nor assist, education in sectarian schools. Smith v. Donahue, 715.

90 (N.Y.Sup.)' Right to publish one's "sentiments" is most essential thing privileged by Constitution.-Pathé Exch. v. Cobb, 661. Motion picture news reel is not a part of the "press."- Id.

VII. OBLIGATION OF CONTRACTS. (C) Contracts of Individuals and Private Corporations.

154(2) (N.Y.Sup.) Public Service Commission's order fixing gas rates held applicable to individual, with which gas company had contract entered into prior to grant given Public Service Commission to fix rates.-Clute v. Nassau & Suffolk Lighting Co., 84.

X. EQUAL PROTECTION OF LAWS.

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IV. RESCISSION AND ABANDONMENT. 250 (N.Y.Sup.) Bank held to have exercis230(3) (N.Y.Sup.) Statute requiring lied option to cancel contract with debtor.-Miscense for operation of schools held not to deny sir v. American Oriental Ice Mfg. Co., 191. applicants the equal protection of the law.People v. American Socialist Soc., 801.

240(1) (N.Y.Sup.) Requiring motion picture news reels to be censored is not a denial of equal protection of laws.-Pathé Exch. V. Cobb, 661.

XI. DUE PROCESS OF LAW. 277(1) (N.Y.Sup.) Right to redeem from mortgage held "property," within meaning of Constitution.-Mooney v. Miller, 437.

287 (N.Y.Sup.) Statute requiring license for operation of schools, classes, etc., held not to deprive persons of liberty and property without due process of law.-People v. American Socialist Soc., 801.

296(1)(N.Y.Sup.) Act regulating motion pictures is not a deprivation of property without due process of law.--Pathé Exch. v. Cobb,

661.

298 (7) (N.Y.Sup.) Act fixing rate to be charged for gas held confiscatory and unconsti

V. PERFORMANCE OR BREACH. business to obtain landlord's consent to change 280(1) (N.Y.Sup.) Contract by seller of a of lease held performed.-Cohn v. Arnheiter,

100.

292,2 New, vol. 12A Key-No. Series (N.Y.Sup.) Before order for arbitration issue of agreement to be submitted on demand to jury. In re H. F. Gresham & Co., 106. 300(3) (N.Y.Sup.) Plaintiff, performance as to time, must perform his obdemanding ligations under contract, and make completion possible.-Walter D. Watson & Co. v. Graves Elevator Co., 525.

301 (N.Y.Ct.Cl.) Owner held liable to contractor for causing delay in completing contract within time set.-Beskin v. State, 951.

304 (2) (N.Y.Sup.) Increase made in prices not necessarily an adoption of advice to make increase, imparted for consideration.-Soule v. Bon Ami Co., 574.

INDEX-DIGEST

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

Counties

VII. CORPORATE POWERS AND

LIABILITIES.

316(6) (N.Y.Sup.) Party keeping contract
alive after breach must perform in all essential
respects to recover.-Ferguson Contracting Co. (A) Extent and Exercise of Powers
v. State, 901.

VI. ACTIONS FOR BREACH.

General..

in

370(1) (N.Y.Sup.) Corporation cannot be
member of membership corporation.-Doll &
Stuffed Toy Mfrs'. Ass'n v. Ideal Novelty &
Toy Co., 71.

346(11) (N.Y.Sup.) Complaint for mini-
mum royalties dismissed for failure to allege
and prove waiver of breach.-Reilly v. Water-375 (N.Y.Sup.) Sale of stock corporation
son, Berlin & Snyder Co., 633.

CONVERSION.

could not be made to individuals or by compa-
ny's officers to another corporation, except as
statute specifies.-Wegman v. Levinson Shoe

15(2) (N.Y.) Direction in will to sell and Mfg. Co., 535.
divide proceeds works
Evans' Will, 234 N. Y. 42, 136 N. E. 233.

conversion.-In

CORPORATIONS.

re

See Banks and Banking; Carriers; Electrici-
ty; Gas; Municipal Corporations; Public
Railroads; Street
Service Commissions;
Railroads.

IV. CAPITAL, STOCK,

AND DIVIDENDS.

(C) Issue of Certificates.
99(1) (N.Y.Sup.) Issue of preferred stock
without consideration does not affect assets.-
Frank Gilbert Paper Co. v. Prankard, 638.

110 (N.Y.Sup.) Wrongful cancellation of
stock certificate conversion.-Casey v. Kastel,
848.

V. MEMBERS AND STOCKHOLDERS.
(C) Suing or Defending on Behalf of Cor-
poration.

204 (N.Y.Sup.) Personal action maintaina-
ble by owner of majority of stock fraudulently
induced to vote for resolution of bankruptcy.-
Page v. Clark, 529.

VI. OFFICERS AND AGENTS.
(A) Election or Appointment, Qualifica-
tion, and Tenure.

284 (N.Y.Sup.) By-law providing for elec-
tion of treasurer by stockholders held invalid.
Bechtold v. Stillwagon, 66.

294 (N.Y.Sup.) Power to remove treasur-
er lodged in directors.-Bechtold v. Stillwagon,
66.

(C) Rights, Buties, and Liabilities as to
Corporation and Its Members.
308(11) (N.Y.Sup.) Failure of department
manager to establish right to accounting against
a corporation held to amount to a failure to
establish right of accounting against chief
stockholder.-Kleinbaum v. Miller, 821.

317(6) (N.Y.Sup.) Corporation cannot ob-
ject to part unproportional preferred stock is-
sue.-Frank Gilbert Paper Co. v. Prankard,
638.

Injured creditors entitled to object to unpro-
portional preferred stock issue.-Id.

319(6) (N.Y.Sup.) Allegations held not to
sufficiently charge conspiracy to pay unearned
dividends. Frank Gilbert Paper Co. v. Prank-
ard, 638.

(D) Liability for Corporate Debts and

Acts.

(D) Contracts and Indebtedness.
459 (N.Y.Sup.) Lease of property by cor-
poration held not to entitle minority stockhold-
ers to compel payment of value of stock to
them by corporation.-In re Knaisch, 323.

VIII. INSOLVENCY AND RECEIVERS.
544(2) (N.Y.Sup.) Assets of corporation
are trust fund for payment of debts.-Sherill
Hardwood Lumber Co. v. New York Bottle Box
Co., 22.

XI. DISSOLUTION AND FORFEITURE
FRANCHISE.

OF

617(5) (N.Y.Sup.) Directors properly per-
mitted to be brought in as parties defendant on
dissolution of corporation.-Sherill Hardwood
Lumber Co. v. New York Bottle Box Co., 22.

COSTS.

AND EXTENT OF
RIGHT IN GENERAL.

I. NATURE, GROUNDS,

42(1) (N.Y.Sup.) Notice for admissions of
fact may be made in action commenced prior to
taking effect of Civil Practice Act.-Koppel In-
dustrial Car & Equipment Co. v. Portalis &
Co., 24.

Motion for admissions of fact may be made
without first obtaining leave of court.-Id.
Scope of motion for admissions of fact stat-
ed.-id.

V. AMOUNT, RATE, AND ITEMS.
164 (2) (N.Y.Sup.) Statutory allowance not
permissible in judgment creditor's action; "ac-
tion to compel determination of claim to real
property."-Carr v. Stackhouse, 54.

for stenographer's
189 (N.Y.Sup.) Fees
minutes ordered by court may not be taxed to
parties.-Carr v. Stackhouse, 54.

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347 (N.Y.Sup.) Creditor may sue directors,
without first obtaining judgment against corpo-
ration, if it is impossible to obtain such judg-111(1) (N.Y.Sup.) Have statutory, but not
ment.-Sherill Hardwood Lumber Co. v. New general powers to contract.-New Paltz, II. &
P. Traction Co. v. Ulster County, 623.
York Bottle Box Co., 22.

Creditor may sue directors without obtaining 114 (N.Y.Sup.) Officers have no authority
judgment against corporation, where corporate to contract to give traction company rights to
land to which tracks in highway were removed.
(7)
assets have all been disposed of.-Id.

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