Second Department, May, 1921. [Vol. 197 App. Div.] ELECTRIC MOTOR and Repair COMPANY V. DAVID S. GREY.- Application denied, with ten dollars costs, and stay vacated. Order signed. Present · Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. NACHMAN KIRSNER V. THE STATE BANK.- Application denied, with ten dollars costs, and stay vacated. Order signed. Present― Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Philip Kronfeld v. MEYER NATELSON.- Application denied, with ten dollars costs. Order signed. Present-Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. CHARLES GREENBERG V. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD.— Application denied, with ten dollars costs. Order signed. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. ISRAEL SHAPIRO and Others v. ABRAHAM EPSTEIN and Others.- Application denied, with ten dollars costs. Order signed. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. THE PEOPLE OF THE STATE OF NEW YORK V. Rocco CARNAVALLE.Motion granted. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. In the Matter of MORRIS DANGLER, an Attorney.- Reference ordered to Hon. Henry A. Gildersleeve, official referee. Settle order on notice. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. In the Matter of RUFUS L. SCOTT, JR., an Attorney.- Reference ordered to Hon. John W. Goff, official referee. Settle order on notice. Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Present SECOND DEPARTMENT, MAY, 1921.* THE PEOPLE OF THE STATE OF NEW YORK ex rel. HENRY HIRSCHBERG, Relator, v. BOARD OF SUPERVISORS OF ORANGE COUNTY, Respondent.Motion granted and order signed. Present - Blackmar, P. J., Mills, Putnam, Kelly and Jaycox, JJ. *For other decisions of this term see 196 App. Div. p. 970.- [REP. INDEX. ACCIDENT INSURANCE. ACCOMPLICE. See CRIMES, 2. ACCOUNTING. See CORPORATIONS, 2; EQUITY. 4, 6; EXECUTORS AND ADMINISTRA- ACCOUNT STATED. DEFINITION. An account stated may consist of a single item for services rendered, ACCRETION. See DEEDS, 1. ACCUMULATIONS. See TRUSTS, 2. ACTIONS. NATURE AND FORUM. An action is one in rem where it affects specific personal property See DEEDS, 1. ADMIRALTY. See SHIPS AND SHIPPING, 1, 3. ADMISSIONS AND DECLARATIONS. ADOPTION. ANNULMENT. Order adopting child will not be annulled at instance of its parent ADVERSE POSSESSION. - See PARTITION, 3; PUBLIC LANDS. AGENCY. See PRINCIPAL AND AGENT. ALIMONY. See HUSBAND AND WIFE, 2-4, 6, 7. AMENDMENT. See INDICTMEnt and INFORMATION; PLEADINGS, 1, 14. ANNULMENT. See ADOPTION; HUSBAND AND Wife, 1. ANSWER. See PLEADINGS, 7-13, 16. APPEAL. See, also, COSTS AND FEES, 2; EXECUTORS AND ADMINISTRATORS, 3; RAISING QUESTION BELOW. 1. Waiver objection to computation of damages by court cannot 2. Exception to refusal to dismiss complaint at close of plaintiff's HEARING AND DETERMINATION. 3. Estoppel question of exclusion of testimony not covered by bill COURT OF APPEALS. 4. Permission to appeal to Court of Appeals granted where doubt 5. Appeal as of right under section 1336 of Code of Civil Procedure, APPELLATE DIVISION. See COSTS AND FEES, 2; EXECUTORS AND ADMINISTRATORS, 3. APPRAISAL. See TAXATION, 5. ARGUMENTS OF COUNSEL. ASSESSMENT. See TAXATION, 1. ASSIGNMENT FOR BENEFIT OF CREDITORS. See TRUSTS, 1. ASSIGNMENTS. See, also, Mortgages, 5; TrIAL, 4. SUFFICIENCY OF ASSIGNMENT. Evidence examined in action to establish equitable assignment of 919. ATTACHMENT. See, also, Insurance, 3. DISCHARGE OF WARRANT. Keefe v. Parker, 1. Undertaking in order to obtain discharge of attachment after VACATING WARRANT. 2. On motion by junior attaching creditor to vacate prior attachment, 3. Question presented, in absence of fraud or collusion, where junior ATTACHMENT - Continued. nullity? American Merchant Marine Ins. Co. v. Forsikrings-Aktiesel- 66 4. Right of junior attaching creditor to vacate prior attachment 5. Motion to vacate warrant of attachment denied in action by buyer ATTORNEY AND CLIENT. COMPENSATION. 1. It is misconduct for an attorney to obtain a fee, the retention of 2. Judiciary Law, section 474, applies only to contracts that are made 3. An attorney is entitled to compensation for service rendered to 4. Action to foreclose attorney's lien arising under New Jersey statute 5. Where an executor, who is also a lawyer, seeks to charge for legal DISCIPLINARY PROCEEDINGS. 6. Repayment of excessive fee pending investigation is not defense 7. Courts are vested with supervisory control of attorney and are SUSPENSION. 8. Attorney suspended for one year for procuring excessive fee by 9. Attorney suspended for six months for failure to render substantial age 10. Attorney suspended from practice for one year for omitting to 11. Attorney suspended from practice for using funds of client, an BANKRUPTCY. See PARTIES. BANKS AND BANKING. See, also, Contracts, 2. DEPOSITS. - Bank may rely on certificate of secretary of corporation that president BILL OF PARTICULARS. See APPEAL, 3; Landlord AND TENANT, 4; PLEADINGs, 15. BILLS AND NOTES. ACTIONS. 1. A lender of money may sue upon an original loan or upon a note if 2. Evidence examined in action by accommodation maker to recover 3. Evidence · erroneous direction of verdict in action by assignee BILLS OF LADING. See SALES, 12. BOUNDARIES. See COSTS AND FEES, 3; DEEDS, 1; NEGLIGENCE, 1. BRIDGES. See HIGHWAYS, 1; RAILROADS, 2. BUFFALO, CITY OF. See MUNICIPAL CORPORATIONS, 3, 7. BURDEN OF PROOF. See BILLS AND NOTES, 3. CARRIERS. See SHIPS AND SHIPPING, 2. CERTIORARI. See MUNICIPAL CORPORATIONS, 3; TAXATION, 1. CHARITABLE CORPORATIONS. CITIES. See WORKMEN'S COMPENSATION LAW, 2 See MUNICIPAL CORPORATIONS. CLAIMS AGAINST STATE. See COURT OF CLAIMS; HIGHWAYS, 1; STATE. CODE OF CIVIL PROCEDURE. [For table containing all sections cited and construed in this volume, |