purposes of suit. Moses v. Mc- Effect of adjudication, on at-
Divitt, 2 Abb. New Cas. 47.
tachment. Br. & Mal. Ins. Co. v.
Liability of attorney for mal- Davenport, 10 Hun, 264.
practice. Von Wallhoffen v. New-
combe, 10 Hun, 236.
Effect of on assignment in cred-
itor's action. Dewey v. Moyer, 9
Hun, 473.
Effect of assignment in bank-
As to form of, being changed in ruptcy, on attachment. Duffield v.
all actions by Code. Anonymous, Horton, 10 Hun, 140.
Right of assignee to money in
Police justices and justices of hands of receiver in foreclosure.
the peace authorized to take re- Hayes v. Dickinson, 9 Hun, 277.
cognizance during trial or examin-
ation. L. 1876, p. 15, c. 21.
Mortgage within four months
pursuant to previous agreement.
Hewitt v. Northup, 9 Hun, 543.
At what date State insolvent law
Loan of articles for a specific was suspended by.
purpose. Buchanan v. Smith, 10 Crossman, 10 Hun, 389.
Hun, 474.
Duty of creditor as to collateral er, 2 Abb. New Cas. 379.
security. Hazard v. Wells, 2 Abb.
New Cas. 444.
Composition in. Matter of Back-
Compromise and annulling pro-
ceedings. Dieckerhoff v. Ahlborn,
2 Abb. New Cas. 372.
Application for discharge, with-
Statements of certain public de-in what time made. Wood v.
posits to be published. L. 1877, Hazen, 10 Hun, 362.
Remedy for seizure of third per-
Preference of deposits of savings son's property. Doyle v. Sharp,
bank. Rosenback v. Manuf. & 41 Super. Ct. (J. & S.) 312.
Builder's Bank, 10 Hun, 148.
Right of assignee to recover
Effect of neglect to enforce col-back usury. Wheelock v. Lee, 64
lateral. Hazard v. Wells, 2 Abb. N. Y. 242.
New Cas. 444.
Circulation and security. L.
1877, p. 76, c. 69, amd'g L. 1867,
c. 475, § 3.
Conflict between proceedings in,
and proceedings under State law.
Dieckerhoff v. Ahlborn, 2 Abb. Neur
Cas. 372, 379.
Bankruptcy and State assign-
ment. Composition. Preferences.
Discharge. Matter of Backer, 2
Abb. New Cas. 379.
Action by assignee to recover as-
sets. Olcott v. Maclean, 10 Hun,
277.
Action by judgment creditor
against assignee to recover value of
property levied on by sheriff and
delivered to assignee. Ansonia
Brass, &c. Co. v. Pratt, 10 Hun,
443.
BENEVOLENT, &c. SOCIETIES. Price v. McGoldrick, 2 Abb. New
Cas. 69. Compare Gfroener v. Mc-
The act (L. 1848, p. 447, c. 319)
providing for the incorporation of Carty, Id. 76; Draper v. Chase
benevolent, &c., societies, am'd by Manfg. Co., Id. 79.
adding § 13,-providing for man- Accommodation paper. Gro-
ner of extending the existence of cers' Bank v. Penfield, 2 Abb. New
any corporations organized under Cas, 305.
the act. L. 1876, p. 168, c. 190.
Validity of gold sales. Bigelow
v. Benedict, 9 Hun, 429.
Pool-selling, &c. L. 1877, p. Bank v. Penfield, 2 Abb. New Cas.
192, c. 178.
Acceptance guarantees genuine-
BILLS, NOTES AND CHECKS. ness of signature, and no more.
Note payable in currency
return of this receipt." Frank v.
Wessels, 64 N. Y. 155.
Fact that consideration was pro-
Effect of forgery. White . Con-
tinental Nat. Bank, 64 N. Y. 316.
Denial of title of plaintiff. Hays
v. Southgate, 10 Hun, 511.
Drawee liable directly on drafts
drawn by his authorized agent,
ceeds of sale of stolen property, no though signed without qualifica-
defense. Warren v. Haight, 65 tion. Merchant's Bank . Gris-
wold, 9 Hun, 561.
Seller bound by representations
Negotiable promises given for
patent rights, regulated. L. 1877, of his broker. Ahern v. Good-
p. 68, c. 65.
speed, 9 Hun, 263.
Signer may prove by parole that Liability of vendor without in-
he was surety, in order to defend dorsement, if note be usurious.
on ground of extension. Hubbard Littauer v. Goldman, 9 Hun, 231.
v. Gurney, 64 N. Y. 457.
Assuming imperfect obligation
Order payable out of fund not in does not constitute one a bona fide
existence; liability on acceptance holder. Moore v. Ryder, 65 N. Y.
thereof. Risley v. Smith, 64 N. Y. 438.
576.
Bona fide holder. Grocer's Bank
Inadequacy of consideration of v. Penfield, 2 Abb. New Cas. 305.
note for services. Earl v. Peck,
In what case, one taking up a
note at maturity, is bona fide
Production of note raises pre-holder. Lancey v. Clark, 64 N. Y.
sumption of ownership in indivi- 209; 3 Hun, 575.
dual, not representative capacity. Presumption of intent to apply
Barlow v. Myers, 64 N. Y. 41; 3 collaterals deposited with bank.
Hun, 720; 6 T. & C. 183.
National Exchange Bank of L. v.
Indorsement to give credit with Silliman, 65 N. Y. 475.
payee payee may recover thereon.]
Effect of neglect to colicct col-
lateral. Hazard v. Wells, 2 Abb.
BOARDS OF BROKERS.
Arbitration committee. White
Notice of protest, how served by v. Baxter, 41 Super. Ct. (J. & S.)
mail. Price v. McGoldrick, 2 Abb. 358.
New Cas, 69.
Promissory note first negotiated
in another State. Dickinson v.
Edwards, 2 Abb. New Cas. 300.
Law of place as to draft, naming
no place of payment. Merchants'
Bank v. Griswold, 9 Hun, 561.
Indemnity to be given on lost
note, though not indorsed or ne-
gotiated. Frank v. Wessels, 64
N. Y. 155.
BILLS OF LADING.
Transfer of, as security for draft.
Title to goods shipped. Marine
Bank v. Fiske, 9 Hun, 363.
Liability for freight.
man v. Redfield, 9 Hun, 378.
BILLS OF PARTICULARS.
When ordered, and requisites,
in case of tort. Schile v. Brok-
hahne, 41 Super. Ct. (J. & S.) 353.
And see Code of Civ. Pro. § 531.
Ordered, of testimony alleged to
be false, in action for conspiracy.
Leigh v. Atwater, 2 Abb. New Cas.
420.
Ordered, of documents and
dates. Peters v. Link, 2 Abb. New
Cas. 420, note.
BILLS OF SALE.
General words in enumeration
Seal essential. Tiffany v. Lord,
65 N. Y. 310.
Duty of employer to notify sure-
ties of default by their principal.
A. & P. Tel. Co. v. Barnes, 64 N.
Y. 385; 7 J. & S. 40.
Bond to pay judgment on usu-
rious security, not to be impeached
for usury.
Moses v. McDivitt, 2
Abb. New Cas. 47.
Bonds by railroad company.
Statements in bouds. Bona fide pur-
chaser. What sufficient to put
upon inquiry. Caylus v. N. Y.,
Kingston, &c. R. R. Co., 10 Hun,
295.
Principal bound by representa-
tions of. Ahern v. Goodspeed, 9
Hun, 263.
Agreement not to appear before
arbitration committee of stock
board. White v. Baxter, 41 Super.
Ct. (J. & S.) 358.
Power of insurance broker.
Standard Oil Co. v. Triumph Ins.
Co., 64 N. Y. 85; 3 Hun, 591; 5
T. & C. 300.
Recovery by second broker
where two were concerned. Smith
restrained by specifications. Du-". McGovern, 65 N. Y. 574.
Frauds in sales of. L. 1877, p. livery. Sherman v. Hudson R. R.
441, c. 415.
R. Co., 64 N. Y. 254; 5 Daly,
521.
Liability for delivery of goods
to wrong person. Scheu. Erie
General act amended by L. 1876, Railw. Co., 10 Hun, 498.
p. 124, c. 161.
Amended pleading controls the
place on the calendar. Black v.
Continental Nat. Bank, 2 Abb. New
Cas. 332.
Easement; adverse possession;
damages. Burbank v. Fay, 65 N.
Y. 57; 5 Lans, 397.
Certain, discontinued. L. 1877,
p. 417, c. 404.
Duty as to perishable property
-receipt exacted of consignee.
Tierney v. N. Y. C. & H. R. R. R.
Co., 10 Hun, 569.
mitted to sell tickets on any steam-
Only duly authorized agents per-
boat, steamship, vessel or line,
except resale by passenger. L.
1876, p. 206, c. 201.
Compare L. 1860, p. 177, c. 103,
am'd by 2 L. 1868, p. 1900, c.
Liability of, for trunk paid for
as containing merchandise. Perley
L. 1877, p. v. N. Y. C. & H. R. R. R. Co., 65
Towage on canals.
380, c. 366; p. 383, c. 371.
Powers of the canal board in in-
vestigations, enlarged. L. 1876,
p. 384, c. 388.
Canal board may, in its discre-
tion, fix rates of toll on certain
lateral canals, sufficient to maintain
them. L. 1876, p. 378, c. 384.
CAUSES OF ACTION.
Divisible and indivisible claims.
Mulford v. Hodges, 10 Hun, 79.
Allegations of complaint in
action for false imprisonment con-
Appointment, duties, &c., of stituting one cause of action.
engineers employed on the canals Exner v. Exner, 2 Abb. New Cas.
of the State. L. 1876, p. 376, c.
385.
Action for, does not lie when
there is a good defense. Bruner v.
Meigs, 64 N. Y. 506; 6 Hun, 203.
Private and family cemeteries,
how to acquire additional lands.
L. 1877, p. 550, c. 469; am'd'g L.
1871, c. 68.
Power of rural associations to
take lands. L. 1877, p. 165, c.
156, am'd'g L. 1852, c. 280, § 4.
Various police regulations affect-
Exemption from taxes, assessing. L. 1877, p. 486, c. 428; L.
ments, &c., of rural cemetery 1876, p. 95, c. 122.
property. L. 1877, p. 32, c. 31,
am'd'g L. 1847, c. 133, § 10.
Trustee's tax on lot-owners.
1877, p. 484, c. 426, am'd'g L.
1868, c. 402.
Injury to wife through reckless
driving, husband may sue for.
The same in Kings and Queens. Aldrich v. Sager, 9 Hun, 537.
L. 1877, p. 551, c. 472.
On fixtures in mill. Kinsey v.
Bailey, 9 Iun, 452.
Loss of services of son.
v. Owen, 9 Hun, 558.
CLOUD UPON TITLE.
By assessment sale. Nichols v.
Voorhis, 9 Iun, 171.
When action lies for relief
against tax. Overing v. Footc, 65
N. Y. 263.
No action when extrinsic evi-
dence will be necessary to make
out the cloud. Guest v. City of
Brooklyn, 9 Iun, 198.
Presumption as to regularity of
acts of public officers, justifies
action. Mayor, &c. of N. Y. v.
North Shore Staten Island Ferry
Co., 9 Hun, 620.
Independent title no defense.
Smith o. Fellows, 41 Super. Ct.
(J. & S.) 30.
The general act for incorporation
of societies or clubs, (L. 1875, p.
When mortgagee can recover 264, c. 267), amended in § 1 by
against subsequent mortgagee for adding political, historical, and
injury to security. Hale v. Omaha library purposes. L. 1876, p. 43,
Nat. Bank, 64 N. Y. 550; 7 J. &
Priority of liens on shipping. CODE OF CIVIL PROCEDURE.
Scott v. Delahunt, 65 N. Y. 128;
Suspension of, from May 22 to
Sept. 1. L. 1877, p. 340, c. 318.
Amending act. L. 1877, p. 442,
c. 416; Id. p. 480, c. 422.
Repealing act. L. 1877, p. 468,
|