and 140 New York State Reporter were also rendered.-In re Quackenbush (Sup.) | a certain price held ultra vires.-Gause v. Com773. monwealth Trust Co. (Sup.) 288. *Under Bankr. Act July 1, 1898, c. 541, § 17, subd. 2, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428], a simple claim for conversion of money deposited with defendant is barred by defendant's discharge in bankruptcy.-Lewis v. Shaw (Sup.) 1012. *The term "fiduciary capacity," as used in Bankr. Act July 1, 1898, c. 541, § 17, subd. 4, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428], held limited to express trusts such as that of a public officer, executor, administrator, guardian, or trustee, and does not include commercial transactions in which trust and confidence is reposed in the bankrupt.-Lewis v. Shaw (Sup.) 1012. *A bankrupt's discharge held to have barred plaintiff's action to recover money deposited with the bankrupt which he embezzled; he not having held the same in a fiduciary capacity within Bankr. Act July 1, 1898, c. 541, § 17, subd. 4, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428].-Lewis v. Shaw (Sup.) 1012. BANKS AND BANKING. Subscriptions to bank stock, see "Corporations," § 3. § 1. Functions and dealings. *A banker is presumed to know the signature of his depositor, and if he pays a forged check he cannot charge the amount to his account.Timbel v. Garfield Nat. Bank (Sup.) 497. *Where the drawer of a check has prepared his check so negligently that it can be easily altered without suspicion, and alterations are afterwards made, the bank cannot be held liable for paying the check so altered.-Timbel v. Garfield Nat. Bank (Sup.) 497. § 2. National banks. BAR. Of action by former adjudication, see “Judgment," § 4. Pleas in bar, see "Pleading," § 3. BASTARDS. Support of by county, see "Paupers," § 1. 2. Custody, support, and protection. *Under the express provisions of Code Cr. Proc. § 839, a mother is liable for the support of her bastard child, if able to support it, and, if she wrongfully neglects or refuses to do so, she may be prosecuted for abandonment or proceeded against under section 857.-People v. Chamberlain (Sup.) 149. BILL OF EXCHANGE. In an action against a national bank for the alleged payment of a raised check, evidence considered, and held sufficient to take to the jury the questions as to whether the plaintiff did not in fact authorize the check for the full amount See "Bills and Notes." paid and as to his negligence in issuing the check.-Timbel v. Garfield Nat. Bank (Sup.) 497. § 3. Loan, trust, and investment companies. The right of a trust company to guarantee a sale of certain stock and bonds at a specified price within a certain time being questionable, the holder of the stock was put on inquiry as to the authority of an officer of the trust company to execute a guaranty of that nature on behalf of the company.-Gause v. Commonwealth Trust Co. (Sup.) 288. Evidence held to show no ground for enforcing an ultra vires contract of a corporation on the ground of performance by the other party. Gause v. Commonwealth Trust Co. (Sup.) 288. BILL OF PARTICULARS. See "Pleading," § 7. BILLS AND NOTES. Notes for price of goods sold, see "Sales," § 3. profits as asset of firm, see "Partnership," § 1. Parol or extrinsic evidence, see "Evidence," $ 4. Recovery of money paid by mistake on draft, see "Money Received." § 1. Requisites and validity. Notes given to an employment agency for the procurement of a position, representing fees demanded by the agency in excess of those authorized by Laws 1904, p. 1055, c. 432. § 5, are void. -Hapgoods v. Barrett (Co. Ct.) 189. *Point annotated. See syllabus. Contract of president of trust company guaranteeing the sale of certain bonds and stock at 2. Actions. In an action for a balance due on the price BOARD OF TRADE. See "Exchanges." BOARDS. Town boards, see "Towns," § 1. BONA FIDE PURCHASERS. Of goods, see "Sales," § 2. See "Bail." BONDS. Bonds to prevent or discharge mechanic's lien, Municipal bonds, see "Municipal Corporations," Of receivers, see "Receivers," $ 5. Sureties on bonds, see "Principal and Surety." BOUNDARIES. § 1. Description. BREACH. See "Exchanges"; "Factors"; "Principal and Grounds for new trial in action for broker's Ship brokers, see "Shipping," § 2. § 1. Employment and authority. The mere employment of a broker as such *A broker, under the facts, held not entitled *In an action for broker's commissions, where *A broker held not entitled to recover com- Of contract, see "Contracts," § 5; "Sales," § 1. chanics' & Traders' Bank (Sup.) 573. BRIBERY. Limitations applicable, see "Criminal Law," § 2. *The people, instead of prosecuting one for On a trial for bribery, evidence held to sup- Under Pen. Code, § 72, and Code Cr. Proc. § *A broker is not bound to see that the ven- condition precedent, and the broker, to recover In action to recover compensation for at- *A contract between vendor and purchaser and 140 New York State Reporter CANDIDATES. sence of evidence that it had not been deliver- 760. *Where a broker sues for commissions for producing a purchaser able to purchase on defendant's terms, one of which was a cash pay CANVASS OF VOTES. ment of $25,000, evidence held insufficient to See "Elections," §§ 1, 3. § 4. Rights, powers, and liabilities as to *Where a broker employed to sell land, pretending to act for a principal, made a contract to sell to plaintiff's assignor, which was not binding on the owners, and plaintiff's assignor made payment on the contract, plaintiff can recover damages on the broker's warranty of authority to sell.-Rowland v. Hall (Sup.) 55. Where plaintiff knew when she sued to compel specific performance of a contract to convey land that the contract was worthless, she cannot recover the costs incurred in that action in an action against the agent who made the contract on his warranty of authority to sell. Rowland v. Hall (Sup.) 55. BUILDING AND LOAN ASSOCIA TIONS. A building and loan mortgage contract by which the mortgagors paid a premium to obtain the loan held valid.-Harbor & Suburban Bldg. & Sav. Ass'n v. Wood (Sup.) 173. In a suit to foreclose a building and loan mortgage, plaintiff having fully complied with its contract until defendant's default, it was no defense that the association might not be able to complete its contract to convey the premises free from incumbrances on the date specified.-Harbor & Suburban Bldg. & Sav. Ass'n v. Wood (Sup.) 173. BUILDINGS. See "Shipping." CARGO. CARRIERS. Harmless error in rulings in action for injuries § 1. Control and regulation of commen A passenger held not to be aggrieved within the meaning of the statute by the company's re fusal to issue him a transfer.-Bull v. New York City Ry. Co. (Sup.) 378. § 2. Carriage of goods. A shipper held not liable for negligence in understating the weight of an article shipped where an injury occurs in consequence.-Hanna v. Pitt & Scott (Sup.) 145. Complaint to recover for failure of a common carrier to obey directions for stoppage of goods in transitu held_demurrable.-Oppenheimer v. Wells, Fargo & Co. (Sup.) 547. *Failure of notice of loss held not to relieve carrier from responsibility for negligence.Richardson v. New York Cent. & H. R. R Co. (Sup.) 702. In an action for loss of goods, the carrier by its motion for a nonsuit held to waive notice of loss.-Richardson v. New York Cent. & H. R. R. Co. (Sup.) 702. In an action for loss of goods, the carrier by Condition and use of hoistways in, see "Negli- its answer in general denial held to waive nogence," § 1. BY-LAWS. Of exchange, see "Exchanges." CALENDARS. Computation of time, see "Time." Of causes for trial, see "Trial," § 1. CANCELLATION OF INSTRUMENTS. Grounds for cancellation or rescission of par- See "Contracts," § 4. tice of loss.-Richardson v. New York Cent. & H. R. R. Co. (Sup.) 702. In an action for the loss of goods through a carrier's negligence, it was unnecessary for plaintiff to comply with the condition that if a claim for damages be not presented within 30 days after delivery there shall be no liability therefor.-Richardson v. New York Cent. & H. R. R. Co. (Sup.) 702. § 3. Carriage of passengers. *In an action against a street railway company for personal injuries received while being carried, it was error to charge the jury that the company was bound to carry plaintiff safely.O'Neil v. New York & Q. C. Ry. Co. (Sup.) 128. A finding that the starting of a car while a Contracts for sale of realty, see "Vendor and passenger was alighting was the proximate cause Purchaser," § 3. of an injury to him held warranted.-Randazzo v. Brooklyn Heights R. Co. (Sup.) 193. Insurance policy, see "Insurance," § 4. *Point annotated. See syllabus. *A ticket limiting the carrier's liability for *A statute authorizing a carrier to limit its An answer in an action against a carrier for A passenger held to have sufficiently complied CERTIFICATE. Liquor tax certificates, see "Intoxicating Liq- Of foreign corporations, see "Corporations," § 9. CERTIORARI. Review by certiorari of municipal assessment, *A gate on the side of the platform of a sur- *A return by the police commissioner to a writ *Under the express provisions of Code Civ. CHANGE OF VENUE. *Where a street car platform gate broke and CHARACTER. *A passenger is not called on to provide The failure by a passenger to use precaution CASE ON APPEAL. Making and settlement, see "Appeal," § 6. CAUSE OF ACTION. See "Action." CEMETERIES. Contract with county for removal of bodies CENSUS. Judicial notice of, see "Evidence," § 1. "Drunkards."" CHARGE. Of legacies on property by will, see "Wills," §§ CHARITIES. Restrictions on devises or bequests for charita- CHARTER. Of municipal corporations, see "Municipal Cor- CHATTEL MORTGAGES. § 1. Construction and operation. *Point annotated. See syllabus. sence of evidence that it had ed or had been modified by and 140 New York State Reporter CANDIDATES. broker's knowledge.-King v. Knowles (Sup.) For office, see "Elections," §§ 1, 2. 760. *Where a broker sues for commissions for producing a purchaser able to purchase on defendant's terms, one of which was a cash pay CANVASS OF VOTES. ment of $25,000, evidence held insufficient to See "Elections," §§ 1, 3. § 4. Rights, powers, and liabilities as to *Where a broker employed to sell land, pretending to act for a principal, made a contract to sell to plaintiff's assignor, which was not binding on the owners, and plaintiff's assignor made payment on the contract, plaintiff can recover damages on the broker's warranty of authority to sell.-Rowland v. Hall (Sup.) 55. Where plaintiff knew when she sued to compel specific performance of a contract to convey land that the contract was worthless, she cannot recover the costs incurred in that action in an action against the agent who made the contract on his warranty of authority to sell. Rowland v. Hall (Sup.) 55. BUILDING AND LOAN ASSOCIA- A building and loan mortgage contract by which the mortgagors paid a premium to obtain the loan held valid.-Harbor & Suburban Bldg. & Sav. Ass'n v. Wood (Sup.) 173. In a suit to foreclose a building and loan mortgage, plaintiff having fully complied with| its contract until defendant's default, it was no defense that the association might not be able to complete its contract to convey the premises free from incumbrances on the date specified. Harbor & Suburban Bldg. & Sav. Ass'n v. Wood (Sup.) 173. BUILDINGS. See "Shipping." CARGO. CARRIERS. Harmless error in rulings in action for . 1. Control and regulation of ‹ carriers. A passenger held not to be aggriev the meaning of the statute by the con fusal to issue him a transfer.-Bu York City Ry. Co. (Sup.) 378. 2. Carriage of goods. A shipper held not liable for ro understating the weight of an art where an injury occurs in conseque v. Pitt & Scott (Sup.) 145. Complaint to recover for failure carrier to obey directions for stop: in transitu held demurrable.-0; Wells, Fargo & Co. (Sup.) 547. *Failure of notice of loss held carrier from responsibility for Richardson v. New York Cent. Co. (Sup.) 702. In an action for loss of goods. its motion for a nonsuit held to y loss. Richardson v. New York R. Co. (Sup.) 702. Condition and use of hoistways in, see "Negli- its answer in general denial gence," § 1. BY-LAWS. Of exchange, see "Exchanges." CALENDARS. Computation of time, see "Time." Of causes for trial, see "Trial," § 1. CANCELLATION OF INSTRUMENTS. Grounds for cancellation or rescission of par- See "Contracts," § 4. In an action for loss of good In an action for the loss. A finding that the starti Contracts for sale of realty, see "Vendor and passenger was alighting w Insurance policy, see "Insurance." § 4. of an injury to him held *Point annotated. See syllabus. |