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afterwards raise it at the close of plaintiff's
case by a motion to dismiss.--Knapp v. New
York El. R. Co., (Super. N. Y.) 21 Y. Y, S.
Sale by executors pending suit for par-
tition-Disposition of proceeds.
by the executors was valid, the surrogate's
(Sup.) 24 N. Y. S. 181.
PARENT AND CHILD.
“Assignment for Benefit of Creditors," 3.
of a member of a firm, by one to whom such
member subsequently assierel it.-Sherman 1.
Jenkins, (Sup.) 24 N. Y. S. 180.
Dissolution, settlement, and accounting.
2. In an action by a partner against his
(opartner in a city contract, to recover mon-
ey alleged to have been given to defendant for
use in the interest of the business, and be him
represented that certain persons (without nam-
ing them) were to have 4 per cent. of the re-
ceipts on the contract, and that the package
ence of defendant, to W., to be given to the
person presenting a card from defendant. W.
admitted receiving the money from plaintif,
fendant denied the statements by plaintiff.
Held that, defendant having authority to obtain
the money himself from W., his failure to dis-
close who actually received 'it entitled plaintiff
to recover.-Berau v. O'Connell, (Sup.) 24 N.
3. Where a partner is entitled to a certain
er, in determining such profits to charge off
the amount of interest on firm debts and cares
--Conville v. Shook, (Super. X. Y.) 24 N. Y. &
profits for each year, it is proper, in estimating
5. In an action by a partner against his goods a note made by third persons, and in-
cannot recover on the original indebtedness.-
Manning v. Lyon, (Sup.) 24 N. Y. S. 265.
architect made under the contracts as a whole,
nephew, whom he desired to assist in building
the block. Held, that the payments were prop-
tract. --O'Brien v. McCarthy, (Sup.) 24 N. Y.
1. On a trial for perjury in denying the
2. On a trial for perjury in making an
dence of the notary as to the making of the
eriously been hypothecated, would not bind
See “Damages;” “Negligence."
Indemnity against action for, see "Indemnity,"
To servant, see “Master and Servant,” 3–19.
To traveler on defective street, see "Municipal
See "Pleading," 1.
Amendment before referee, see "Reference," 6.
In attachment, see "Attachment," 6.
able, plaintiff will be required to give a bill of
agreements or requests for his services are in
writing, and, if so, their date, tenor, and ef-
fect, and by whom signed; but he will not be
made by defendants, or to specify by which of
the defendants the requests were made.-Fry
N. Y. S. 573.
tors and Administrators," 23.
States in search of work, leaving their families
viding that every person of full age, who shall
be "a resident and inhabitant of any town for
6. On complaint for the price of goods of testator's wife a certain sum in such man-
Maitland v. Baldwin, (Sup.) 24 N. Y. S. 29.
Suspension of power of alienation.
PRACTICE IN CIVIL CASES. W. was her financial and personal representa-
tive, and the manager of her company. Held,
"Appearance;' "Continuance;" "Costs;" question of Wi's authɔrity to act for defendant
2. One's authority as agent cannot be
McLaughlin, (Sup.) 24 N. Y. S. 280.
3. An agent authorized to collect accounts
no evidence of mistake in the account.-Sage
v. Burton, (Sup.) 24 N. Y. S. 130.
4. The authority of an agent to make con-
tracts for the sale of lots presumptively ter-
minates when contracts are made, and the bur-
blank left in a contract, does not give him any
authority to cancel, extend, or modify the con-
6. Admissions by the owner of lots, dur-
or extend a contract.-Fullerton v. McLaughlin,
7. In an action to recover for goods sold
dealing between the parties as justified the in-
24 N. Y. S. 557.
8. In an action on a certificate of in-
surance it appeared that after proofs of
death were delivered to the company its agent
had an interview with plaintiff, who referred
him to her husband as to an adjustment of
her claim, and that at an interview between
the husband and the agent, which plaintiff
knew was to take place, the husband agreed
to accept $100 in full settlement. The policy
was accordingly surrendered, and the $100
was paid to the husband in a draft, which
knowing_that it was paid on the insurance
settlement made by her husband.-Haar v.
Industrial Ben. Ass'n, (Sup.) 24 N. Y. S.
9. Where an insurance agent agrees in his
written contract of employment that the state
of his accounts shall be determined by an in-
spection is conclusive. Owiter v. Metropolitan
10. Where an agent fraudulently induces Of mortgage liens, see “Mortgages," 4, 5.
prisons, see "States and State Officers," 1.
See "Malicious Prosecution," 1, 2,
PROHIBITION, WRIT OF.
Peremptory or alternative writ.
Plaintiffs in ejectment for land under
on the south by the Atlantic ocean, together
that, whatever might be meant by the term
was entitled to be called a haven or a barbor.
24 N. Y. S. 583.
"Master and Servant."