14 (N.Y.App.Div.) Attorneys are officers of court, subject to Supreme Court's power and control (Judiciary Law, § 88, subd. 2).-In re Brooklyn Bar Ass'n, 227 N. Y. S. 666.

(C) Suspension and Disbarment. Division 36(1) (N.Y.App.Div.) Appellate has power under statutes to direct investigation into unprofessional practices of attorneys (Judiciary Law, § 88, subds. 2, 5, § 100; Const. art. 6, § 2). In re Association of Bar of City of New York, 227 N. Y. S. 1.

Petition of bar associations, setting forth existence of systematic "ambulance chasing" and praying for investigation, held to disclose condition requiring court to entertain petition (Judiciary Law, § 88, subds. 2, 5; § 100; Const. art. 6, § 2).-Id.

Disciplinary power of Appellate Division may be exercised sua sponte whether misconduct charged be that of a single attorney or of particular class (Judiciary Law, § 88, subds. 2, 5).

-Id.

Appellate Division has inherent power to order investigation into alleged systematized ambulance chasing.-Id.

36(1) (N.Y.App.Div.) Court has power to ascertain true conditions with reference to congestion of calendar and attorney's conduct impeding court's work.-In re Brooklyn Bar Ass'n, 227 N. Y. S. 666.

Court may proceed to ascertain if its integrity is assailed or honor violated.-Id.

Court may order judicial inquiry into corrupt practices of attorneys congesting calendar, though no specific charges are made and no individual accused.-Id.

Judicial inquiry into corrupt practices of attorneys, under petition not making specific charges against individuals, should not be public; no one being entitled to hearing.-Id.

38 (N.Y.App.Div.) Attorney bringing_case into court in which he has been corruptly or unfairly retained by own acts violates oath of office. In re Brooklyn Bar Ass'n, 227 N. Y. S. 666.

39 (N.Y.App.Div.) Attorney, immediately on conviction for felony, ceases to be attorney, unaffected by subsequent mental condition (Judiciary Law, § 477).-In re Wilcox, 227 N. Y. S. 280.

39 (N.Y.App.Div.) Attorney convicted of grand larceny in first degree by pleading guilty and being sentenced therefor must be disbarred (Judiciary Law, § 88, subd. 3, and § 477).—In re Booth, 227 N. Y. S. 745.

42 (N.Y.App.Div.) Attorney knowingly placing on calendar cause which is without merit or which could have been placed on calendar of inferior court is guilty of gross deception.-In re Brooklyn Bar Ass'n, 227 N. Y. S. 666.

58 (N.Y.App.Div.) Interests of justice held satisfied by suspending for two years attorney who converted client's money to pay daughter's medical and nursing expenses.-In re Cusack, 227 N. Y. S. 187.

AUTOMOBILES.

III. PUBLIC SERVICE VEHICLES.

(B) License and Registration. 77 (N.Y.App.Div.) Statutes requiring certificate of convenience and necessity and con

Automobiles

sent of local authorities to operate bus line held inapplicable to interstate commerce (Transportation Corporations Law, $$ 65-67, as amended by Laws 1926, c. 762; Public Service Commission Law, § 53).-Garrison v. Paramount Bus Corporation, 227 N. Y. S. 510.

89 (N.Y.Sup.) Money paid by principals on indemnity bond for benefit of injured person held payment on judgment against principals, and not discharge of their obligation (Highway Law, § 282-b).-Merrill v. Equitable Surety Co. of New York, 227 N. Y. S. 266.

Failure by injured person, recovering judgment against principal on indemnity bond for injuries by operation of automobile, to exhaust remedy against principal, did not relieve surety of liability (Highway Law, § 282-b).-Id.

Laches by injured person, recovering judgment against principal on indemnity bond for injuries by automobile, which might have relieved defendant from loss, will not discharge surety (Highway Law, § 282-b).—Id.

Remedy of surety, sued on indemnity bond given for benefit of injured persons, is to pay indebtedness and pursue principal for reimbursement (Highway Law, § 282-b).-Id.

Partial payment by principals on judgment recovered against them by injured person held intended as payment on part of judgment for which surety on indemnity bond was not liable (Highway Law, § 282-b).-Id.

Possibility of collusion, by injured person accepting part payment from principal on indemnity bond and suing surety for balance, does not render contract against public policy (Highway Law, § 282-b).-Id.

89 (N.Y.App.Div.) Statute providing for apportionment of liability insurance among insured motor carrier's judgment creditors held applicable only in case of insured's bankruptcy or insolvency (Highway Law, § 282-b).-Long Island Coach Co. v. Hartford Accident & Indemnity Co., 227 N. Y. S. 633.

94 (N.Y.Sup.) Bond given to people for benefit of persons injured by principal's negligent operation of automobile did not require designation of obligee by name, but made any one injured obligee (Highway Law, $ 282-b).— Merrill v. Equitable Surety Co. of New York, 227 N. Y. S. 266.

Surety on indemnity bond for benefit of person injured by principal held liable on judgment against principal partially paid by principal, up to full amount of bond (Highway Law, § 282-b). Id.

Law requiring indemnity bond by persons operating vehicles for hire held intended to protect public against negligence of such persons (Highway Law, § 282-b).-Id.

95 (N.Y.Sup.) Injured person; recovering judgment against principal on bond for benefit of persons injured by operation of motor vehicles, is proper party to sue surety on bond (Highway Law, § 282-b).-Merrill v. Equitable Surety Co. of New York, 227 N. Y. S. 266.

restraining 107(2) (N.Y.App.Div.) Order pendente lite operation of motorbus line, for failure to obtain certificate of convenience and necessity and consent of local authorities, held improperly granted, absent showing local authorities passed resolution requiring consent (Transportation Corporations Law, §§ 65-67, as amended by Laws 1926, c. 762; Public Service Commission Law, § 53).-Garrison v. Paramount Bus Corporation, 227 N. Y. S. 510.

Automobiles

V. INJURIES FROM OPERATION, OR USE OF HIGHWAY.

(A) Nature and Grounds of Liability.

171(4) (N.Y.CityCt.Buff.) Left vehicle must give right of way to right vehicle at intersection, if collision is likely if both continue, but may continue if relative position of vehicles justifies (General Highway Traffic Law, § 12, subd. 4).-Camden Fire Ins. Ass'n of Camden, N. J., v. Bleem, 227 N. Y. S. 746.

193(3) (N.Y.Sup.) Company organized only to deliver goods for grocery company held latter's servant, making it liable for negligence of former's truck driver.-Steele v. C. G. Meaker Co., 227 N. Y. S. 644.

201(1) (N.Y.) Stopping of truck along lefthand curb held not to render defendant liable for death of child thrown under wheels by hook and chain (General Highway Traffic Law § 15, subd. 6).-Boronkay v. Robinson & Carpenter, 160 N. E. 400, 247 N. Y. 365, reversing judgment 223 N. Y. S. 853, 221 App. Div. 813.

(B) Actions.

366 (N.Y.Sup.) That garage is more profitable than other use, and existence of another garage in locality, held not evidence of "practical difficulty or unnecessary hardship," authorizing varying of zoning ordinance.-People ex rel. Home for Hebrew Infants of City of New York v. Walsh, 227 N. Y. S. 570.

374 (N.Y.App.Div.) Garage keeper, asserting lien against taxicabs sought to be replevied by chattel mortgagee, had special property therein (Lien Law, § 184).-New York Yellow Cab Co. Sales Agency v. Courtlandt Garage & Realty Corporation, 227 N. Y. S. 315.

Rights of garage keeper, asserted in chattel mortgagee's replevin action held not affected by prior judgment for foreclosure of its lien (Lien Law, § 184).-Id.

395 (N.Y.App.Div.) Buffalo board of appeals had original jurisdiction to grant permit for gasoline station in residential district on filing of required owners' consents.-Hacker v. Board of Appeals of City of Buffalo, 227 N. Y. S. 627.

Permit by board of appeals of Buffalo to erect gasoline station in residential district without required consents of property owners held void. -Id.

BAIL.

II. IN CRIMINAL PROSECUTIONS.

80 (N.Y.Sup.) Principal is deemed delivered into sureties' custody, and they may deliver him up in their discharge whenever they choose. Shaul v. Fidelity & Deposit Co. of Maryland, 227 N. Y. S. 163.

BANKRUPTCY.

III. ASSIGNMENT, ADMINISTRATION, AND DISTRIBUTION OF BANKRUPT'S ESTATE.

(E) Actions by or Against Trustee. 284 (N.Y.Sup.) Bankruptcy trustee cannot rescind usurious transaction without offering to pay amount borrowed.-Fort v. 415 Central Park West Corporation, 227 N. Y. S. 351.

302(1) (N.Y.Sup.) Allegation that mortgagee required additional security as condition of excusing defaults, without negativing defaults, held not to show wrongfulness of requirement.-Fort v. 415 Central Park West Corporation, 227 N. Y. S. 351.

Allegations of excessive fee payments in erecting structure on mortgaged property held not to authorize reconveyance as respects defendants not connected therewith.-Id.

Allegation that additional security was sold by mortgagee held insufficient, in absence of allegation that rights were violated.-Id.

V. RIGHTS, REMEDIES, AND DISCHARGE

OF BANKRUPT.

390 (N.Y.App.Div.) As regards bankrupt's right to maintain action, bankruptcy trustee's failure for 9 years to do anything in action against corporation's directors, except to apply for leave to discontinue, held to show abandonment thereof.-Herring-Curtiss Co. v. Curtiss. 227 N. Y. S. 489, 223 App. Div. 101, modifving judgment (Sup.) 200 N. Y. S. 7, 120 Misc. Rep. 733.

On bankruptcy trustee's abandonment of fraud action against bankrupt's former directors, bankrupt held entitled to maintain such an action and make trustee party.-Id.

434 (N.Y.Sur.) Payment on account, made after discharge in bankruptcy, held not to revive entire indebtedness, which requires express promise to pay balance of debt.-In re Clodigo's Estate, 227 N. Y. S. 690, 131 Misc. Rep. 490.

436(1) (N.Y.Sur.) Certified copy of adjudication in bankruptcy of decedent established prima facie defense to claim against estate. casting burden on creditor of showing claim was unaffected (Bankruptcy Act, § 21f [11 USCA § 441)-In re Clodgo's Estate, 227 N. Y. S. 690, 131 Misc. Rep. 490.

BANKS AND BANKING.

1. CONTROL AND REGULATION IN
GENERAL.

3 (N.Y.) Banking is business affected with public interest, its nature making it peculiarly an object of legislative solicitude.-In re Morse, 160 N. E. 374, 247 N. Y. 290, reversing order 222 N. Y. S. 858, 220 App. Div. 830.

II. BANKING CORPORATIONS AND AS. SOCIATIONS.

(C) Stockholders.

44 (N.Y.) Voting trust agreement, entered into by stockholders of bank prior to statutory amendment, excepting banking corporations, was valid when made (Stock Corporation Law, $50; Laws 1925, c. 120).-In re Morse, 160 N. E. 374, 247 N. Y. 290, reversing order 222 N. Y. S. 858, 220 App. Div. 830.

Rights of bank's stockholders or voting trustees under voting trust agreement held not saved by statute relative to effect of repeal on previously accrued rights (Stock Corporation Law, § 50; Laws 1925, c. 120; General Construction Law, §§ 93, 110).-Id.

Voting trust agreement entered into by bank

MENT OR TRANSFER.

(C) Assignment or Sale.

Brokers

Separation of voting power from beneficial ownership of banking corporation stock is matter for regulation by police power.-Id.

Amendment to statute held declaration that public welfare requires bank stockholders to vote own stock in person or by proxy and not separate voting power from personal ownership (Laws 1925, c. 120, amending Stock Corporation Law, § 50).-Id.

Statute excepting banks from voting trust statute held within reserved power to amend corporate charters, and not to affect property of corporation (Laws 1925, c. 120, amending Stock Corporation Law, § 50).-Id.

442 (N.Y.) When voting trust agreement privilege was withdrawn from bank stockholders by statutory amendment, stockholders were required to hold annual meeting at which they alone could vote (Stock Corporation Law, § 50, as amended by Laws 1925, c. 120).-In re Morse, 160 N. E. 374, 247 N. Y. 290, reversing order 222 N. Y. S. 858, 220 App. Div. 830.

320 (N.Y.Mun.Ct.) Buyer, accepting trade acceptance, could not assert counterclaim or set-off against drawer's assignee for payee's breach of warranties or false representations. -Forsstrom v. Utility Steel Co., 227 N. Y. S. 289.

VIII. ACTIONS.

469 (N.Y.App.Div.) Complaint on demand note, alleging note was duly presented, sufficiently set forth concise statement of cause of action (Civil Practice Act. § 241; Rules of Civil Practice, rule 92).-Klemann v. Collins, 227 N. Y. S. 589.

Complaint on demand note, showing presentation over five years after date, held not to show failure to present note within reasonable time as matter of law (Negotiable Instruments Law, § 131).-Id.

537(7) (N.Y.App.Div.) Whether demand sented within reasonable time would depend on note presented five years after date was preLaw, § 131).-Klemann v. Collins, 227 N. Y. facts shown on trial (Negotiable Instruments S. 589.

Question whether demand note was presented within reasonable time held for court, if facts are undisputed, but for jury if facts are disputed.-Id.

BONDS.

III. DUTIES AND LIABILITIES TO
PRINCIPAL.

29 (N.Y.App.Div.) Defendant brokers, failing to notify plaintiff brokers of customer's order to sell wheat against his account with plaintiffs, held liable for loss resulting.-Sartorius v. Cohen, 227 N. Y. S. 26.

IV. COMPENSATION AND LIEN.

52 (N.Y.App.Div.) Broker held bound by agreement making commissions dependent on closing of title made after he submitted purchaser's offer, but before all terms had been agreed on.-Verity v. Ottinger, 227 N. Y. S. 650. Broker held not entitled to commission, where sale failed because owner and purchaser disagreed on term deemed important.-Id.