INDEX-DIGEST Banks and Banking untenable, there being no attempt to examine IV. COMPENSATION AND LIEN OF ATTORNEY. Court's power, under Debtor and Creditor Failure of assignee's attorney to move to where client is insolvent.-Id. See Insurance, ASSOCIATIONS. 7 (N.Y.Sup.) One who joins legally organ- ATTORNEY AND CLIENT. See Trial, 125. 1. THE OFFICE OF ATTORNEY. 30 (N.Y.Sup.) Service rendered by a mem- AUTOMOBILES. See Livery Stable and Garage Keepers. BAILMENT. 11 (N.Y.Sup.) Bailee's liability for loss of BANKRUPTCY. See Assignments for Benefit of Creditors. (C) Involuntary Proceedings. (C) Suspension and Disbarment. 38 (N.Y.Sup.) Attorney not liable for 513. 42 (N.Y.Sup.) Attorneys cannot knowingly 42 (N.Y.Sup.) Affidavit stating committee 44(1) (N.Y.Sup.) Representing parties en- 46 (N.Y.Sup.) Restitution of money con- 58 (N.Y.Sup.) Censure of attorney who 325. 58 (N.Y.Sup.) Conversion of money of cli- ASSIGNMENT, ADMINISTRATION, AND DISTRIBUTION OF BANKRUPT'S (B) Assignment, and Title, Rights, and Remedies of Trustee in General. 140(3) (N.Y.Sup.) Corporation, whose 58 (N.Y.Sup.) Attorney merely censured for 58 (N.Y.Sup.) Attorney suspended for III. DUTIES AND LIABILITIES OF AT- to 109 (N.Y.Sup.) Attorney held liable 129(2) (N.Y.Sup.) Evidence held sufficient 1882 (N.Y.Sup.) Express company, un- VI, LOAN, TRUST, AND INVESTMENT 315(3) (N.Y.Sup.) Trust company liable 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. 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 ' 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 See Constitutional Law, 84-90. CLASS LEGISLATION. In fixing rates, valuation not controlled by (B) Interstate and International Trans- 32(1) (N.Y.Sup.) Carrier is CLERKS OF COURTS. 67 (N.Y.Sup.) Case on calendar at passage COMMERCE. I. POWER TO REGULATE IN GENERAL. answerable Where charges for handling grain made by IV. CARRIAGE OF PASSENGERS. interstate commerce to limited degree, where II. SUBJECTS OF REGULATION. 27 (7) (N.Y.Sup.) Cars which had been COMMERCIAL PAPER. 261 (N.Y.Co.Ct.) That no signed receipt or Refusal to sign receipt or statement regard- (D) Personal Injuries, 286(4) (N.Y.Sup.) Carrier held not liable CHAMPERTY AND MAINTENANCE. COMMISSIONERS. See Public Service Commissions. com- COMPOSITIONS WITH CREDITORS. 29(1)(N.Y.Sup.) Failure to disclose ex- COMPROMISE AND SETTLEMENT. CONDEMNATION. 5(3) (N.Y.Sup.) Agreement to advance CONDITIONAL SALES. See Sales, 452-480. 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. 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. 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. 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 VI. ACTIONS FOR BREACH. General.. in 370(1) (N.Y.Sup.) Corporation cannot be 346(11) (N.Y.Sup.) Complaint for mini- CONVERSION. could not be made to individuals or by compa- 15(2) (N.Y.) Direction in will to sell and Mfg. Co., 535. conversion.-In CORPORATIONS. re See Banks and Banking; Carriers; Electrici- IV. CAPITAL, STOCK, AND DIVIDENDS. (C) Issue of Certificates. 110 (N.Y.Sup.) Wrongful cancellation of V. MEMBERS AND STOCKHOLDERS. 204 (N.Y.Sup.) Personal action maintaina- VI. OFFICERS AND AGENTS. 284 (N.Y.Sup.) By-law providing for elec- 294 (N.Y.Sup.) Power to remove treasur- (C) Rights, Buties, and Liabilities as to 317(6) (N.Y.Sup.) Corporation cannot ob- Injured creditors entitled to object to unpro- 319(6) (N.Y.Sup.) Allegations held not to (D) Liability for Corporate Debts and Acts. (D) Contracts and Indebtedness. VIII. INSOLVENCY AND RECEIVERS. XI. DISSOLUTION AND FORFEITURE OF 617(5) (N.Y.Sup.) Directors properly per- COSTS. AND EXTENT OF I. NATURE, GROUNDS, 42(1) (N.Y.Sup.) Notice for admissions of Motion for admissions of fact may be made V. AMOUNT, RATE, AND ITEMS. for stenographer's 347 (N.Y.Sup.) Creditor may sue directors, Creditor may sue directors without obtaining 114 (N.Y.Sup.) Officers have no authority |