AFFIDAVIT Of an attorney as the basis of a motion for a bill of
particulars.
See PLEADING.
See DEPOSITION.
AMENDMENT - Other than of pleadings, citation, or on a trial.
See PRACTICE.
At trial.
See TRIAL.
ANIMAL Action to recover damages for shooting a dog.
ANNUITY Will-construction of a clause providing for the payment of
annuities from a trust estate duration of the term of payment.
See MONTANYE v. MONTANYE.
APPEAL - From an order-the record must contain all the papers used
below.] On appeal from orders all the papers used in the court below
must be contained in the record, and all such papers must be referred to in
the order disposing of the motion; otherwise an appeal from the order will
not be entertained. WHIPPLE . RIPSON.......
Conviction of a husband for abandonment of wife and children - an
appeal therefrom lies to the Court of General Sessions of the city of New York.
See PEOPLE EX REL. KELLER . HINSDALE..
When a County Court is not justified in reversing a judgment of a justice
-action to recover damages for shooting a dog,
See CLARK . DANIELS...
Foreclosure sale-stay on appeal where the premises are subject to other
incumbrances — undertaking to be given by the mortgagor.
See STERNBACH v. FRIEDMAN
Discontinuance of proceedings pending an appeal — setting aside an order
which has been affirmed on appeal.
See MATTER OF FOLTS STREET.
Order-application at a Trial Term to vacate an order granted at
Special Term, denied where an appeal has been taken.
See HASKIN v. MURRAY. (No. 2)................
Notice of entry of judgment—what notice is insufficient-costs to be
See MASON v. CORBIN..
ARREST - Order of arrest — statement made by the defendant's attorney to
whom the plaintiff was referred by the defendant.] 1. An order of arrest,
granted upon the ground that the defendant had been guilty of false and
fraudulent representations in regard to the ownership of a judgment by
the defendant, is properly based on proof that the defendant had referred
the plaintiff to his (the defendant's) attorney, by whom he alleged that the
judgment was recovered, and that the attorney stated that the judgment
was not in favor of, but against the defendant, such statement, under the
circumstances, being evidence of the fact, in regard to which the plaintiff
had been referred to the attorney for information. ELWELL . RUSSELL,... 436
2. Allegations of the complaint.] In an action upon contract to recover
for money lent, it is not necessary that the plaintiff set forth in the complaint
the facts relied upon by him to establish the fraud or deceit which is the basis
of an order of arrest granted in the action.
It is sufficient that the complaint alleges that the representation was false,
and was made fraudulently for the purpose of obtaining money from the
plaintiff.
·assessment for a sewer- irhen it
cannot be attacked collaterally — rule of assessment — duty of assessors cannot be
delegated remedy in equity, when proper.
See PROVIDENCE RETREAT . CITY OF BUFFALO..
ASSIGNMENT — Inspection of the books of a debtor - it may be granted,
although sought for the purpose of charging a special partner as a general
partner.
Of a mortgage—when executors are entitled to compel an assignment of
a bond and mortgage executed by their testator.
See MABBETT c. MABBETT.
In bankruptcy.
See BANKRUPTCY.
ATTORNEY AND CLIENT An attorney accounting for money of his
client must show in detail what he has done with it.] 1. An attorney who is
shown to have been in the possession of his client's money and is called
upon to account, is bound to show in detail what he has done with the money,
and to justify its retention or expenditure. It is not sufficient for him to
state that he has retained it for counsel fees and for money which he has
paid out on the client's account. MATTER OF RABY.....
2. Procedure on the accounting.] On an application to compel the
attorney to account, the proper procedure is to direct a reference to take
proof of the facts alleged in the petition, and to ascertain the amount due to
the client, to the end that the court may adjudge the payment of that
amount by the attorney.
Order of arrest · statement made by the defendant's attorney to whom
the plaintiff was referred by the defendant.
Affidavit of an attorney as the basis of a motion for a bill of particulars.
See PLEADING.
BANKING-Stock in a bank - pledged as collateral for a loan effect of a
certificate of bank stock which states that the bank has a lien thereon for all
indebtedness to it.] 1. A provision incorporated into a certificate of stock of
a national bank stating that “ no transfer of the stock of this association shall
be made without the consent of the board of directors by any stockholder
who shall be liable to the association, either as principal debtor or otherwise,
which liability shall be a lien upon the said stock and all profits thereof and
dividends," is effective to create a lien in favor of the bank, as against a
party to whom an instrument of assignment of the stock has been duly exe-
cuted by the owner thereof, to secure an indebtedness, created at the time and
in consideration thereof, in favor of the assignee.
This is so notwithstanding the fact that the provisions of the National
Banking Act prohibit a bank from making any loan or discount on the
security of the shares of its own capital stock, except to prevent a loss
upon a debt previously contracted in good faith.
Such an assignee is not entitled to have the stock so assigned to him trans-
ferred upon the books of the company until he has paid the amount of the
indebtedness of his assignor to the bank.
BUFFALO GERMAN INS. Co. v. THIRD NAT. BANK.......
2. Effect of the non delivery of the stock to the bank.] Such lien is not
affected by the fact that no actual delivery of the stock was made to the bank,
the contract in question differing from ordinary lien contracts, in that the
stock was sold and the certificate thereof was delivered upon the distinct agree-
ment, expressed in unequivocal language, that the stock was subject to a lien
for any indebtedness of the holder, and was not transferable upon the books
of the bank until such indebtedness was canceled. Id.
Counterclaim of the statutory penalty for usury-it cannot be interposed
in an action to recover the amount of the usurious paper.
See CAPONIGRI . ALTIERI...
BANKRUPTCY — Inspection of the books of a debtor — it may be granted,
although sought for the purpose of charging a special partner as a general
partner.
Action to restrain the violation of an agreement to buy goods — insolvency
as a ground of equitable interference.
See PETROLIA MFG. CO. . JENKINS.
BICYCLE Negligence of a municipality damages resulting from being
thrown from a bicycle by a collision with a pile of mortar in a street-proof of
notice to a city officer.
BILLS AND NOTES- Promissory note- — an accommodation maker, who
signs it under an agreement that it is not to be enforced against him, is not
liable thereon.] 1. A party who has been requested to give a note, upon
which further advances can be made by a trust company to an improve-
ment company, and who is assured by an officer of the trust company, by
whom the loan is being negotiated, that the note is to be merely a matter of
form to enable the trust company to make the loan without criticism; that
he will incur no personal liability by signing it, may successfully interpose
such facts as a defense to the enforcement of the note against him by the
payee, on the ground that the note was without consideration, and was
delivered upon the condition that the maker should not be liable thereon.
SIMMONS . THOMPSON.......
2. Authority of an officer of a corporation to bind it.] Where an officer
of a corporation, high in rank, is engaged in the transaction of the business
of the corporation at its place of business, the corporation is bound by
an agreement made by him, which is apparently within his authority. Id.
3. Note signed in partnership name—given by one partner to replace
money embezzled by him—the payee having knowledge of its purpose cannot
enforce it against the copartners. A note given in the name of a firm by
one of its partners, who also holds the office of United States postmaster, to
secure a loan made to such partner by the payee, to enable the former to
replace government money which he has wrongfully and criminally appro-
BILLS AND NOTES - Continued.
priated to the payment of a partnership debt without the knowledge of his
copartners, is not enforcible by the payee against such copartners.
Evidence-
—a maker of a note called by the payee and indorser to testify
in relation to a personal transaction with the deceased indorsee.
See CRAMPTON v. FOSTER...
BINDING SLIP — Fire insurance policy - a present insurance effected by a
binding slip and an indorsement on the policy subsequent changes in the body
of the policy a mere formal authentication.
BOND- Bond and mortgage given by a vendee to a rendor of the mortgaged
premises — an oral agreement that the transaction may be rescinded is not bind-
ing on an assignee of the bond and mortgage — estoppel by payment of interest to
the assignee.
See MERCHANTS' BANK v. WEILL....
BOOK-Reports of another State-proof of.
See EVIDENCE.
Of account.
See EVIDENCE.
CALENDAR- First judicial district — where an application for a preference
must be made the case must be at issue —
-a preference denied in an action to
establish a will.
See HASKIN v. MURRAY. (No. 1)......
Order - application at a Trial Term to vacate an order granted at Special
Term setting a case down on the calendar, denied.
See HASKIN v. MURRAY. (No. 2)...
CARRIER Railroad-nature of its liability for a trunk which a passenger
leaves at its station over night.
CHURCH - Within the meaning of the Liquor Tax Law prohibiting the carry-
ing on of the liquor business within 200 feet of it.
CODE OF CIVIL PROCEDURE-§ 447-Action by a stockholder of a min-
ing corporation to restrain the sale of its property — right of the would be pur-
chaser to intervene as a party thereto sections 452 and 447, Code of Civil Pro-
cedure, distinguished as to their effect.
See LEWISOHN BROS. c. ANACONDA COPPER Co....
$452-Action by a stockholder of a mining corporation to restrain the
sale of its property — right of the would-be purchaser to intervene as a party
thereto sections 452 and 447, Code of Civil Procedure, distinguished as to their
See LEWISOHN BROS. T. ANACONDA COPPER CO.....
$452-Action for money had and received-interpleader of claimants
See AMERICAN TRUST & SAV. BANK. THALHEIMER.
$ 793
- First judicial district - where an application for a preference
must be made -the case must be at issue. -a preference denied in an action to
establish a will.
See HASKIN v. MURRAY. (No. 1)
$820-Action for money had and received
interpleader of claimants
See AMERICAN TRUST & SAV. BANK . THALHEIMER.
$829- Personal transaction with a decedent-what testimony of an
administratrix as to a transaction with her intestate does not justify a claimant
against his estate in proving an independent transaction.
$ 829 - Evidence -a maker of a note, called by the payee and indorser
to testify in relation to a personal transaction with the deceased indorsee.
See CRAMPTON . FOSTER....
$ 834- Evidence-action to recover for personal injuries — what testi-
mony by the plaintiff constitutes a waiver of her right to object to her attending
physician testifying as to her condition.
See RAUH 7. DEUTSCHER VEREIN
$942
- Authentication of the statutes and reports of a foreign State.
See CONGREGATIONAL UNITARIAN SOC. v. HALE.
977-First judicial district where an application for a preference
must be made - the case must be at issue· a preference denied in an action to
See HASKIN v. MURRAY. (No. 1)
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