A cause of action on the contract is not consis-powers by a Board of Aldermen, or to enjoin a
tent with a cause of action on the avoidance. Mayor of a city from recognising the body, or
Faulks v. Kamp.
approving its acts. Demarest v. Wickham, 508

4

ADULTERATION.

531

Where, under the statute forbidding traffic in
liquors in the state of Maine there is no
liability in the buyer to pay for goods pur-
Where a trial for the sale of adulterated
chased, an action cannot be maintained against milk is under the sanitary code of the board
him as trustee. McGlynchy v. Winchell. 123 of health, in the city of New York, its publica-
tion must be shown to justify a conviction
under any of its provisions. Kneib v. People. 473

Where the foundation of the plaintiff's claim
was an express contract alleged in direct terms
to have been made between himself and the de-
fendant, and the design of the plaintiff to
proceed upon the contract, further appeared by
the form of the summons, which stated that the
plaintiff would take judgment for a certain
amount on defendants failure to answer, Held,
that an allegation that the defendants had

VOL. 1.-1.

For amendment on APPEAL or ERROR, see sive of costs, the interest which accrues subse-
those titles.

Under the amendment of § 11 of the Code of
1874 (ch. 322 laws of 1874) which limits ap- Where in New York the record simply
peals to the Court of Appeals to cases where presents the question of the power of the

A town marshal may arrest on view for vio-
lation of a town ordinance. Nealis v. Hay-
ward.

123

An order of arrest will be granted on a
judgment recovered in a foreign State for
money received in a fiduciary capacity. Fel-
lows v. Cook.
195

Where a preliminary list was made by the
assessors which was not signed and from it
an official assessment was made, which was
incorporated in the general tax roll, in a sep-
arate column, duly signed by the assessors and
sworn to according to law. Held, that such
assessment list was sufficient.
Ib.

Where the board of assessors passed a resolu-
tion, specifying the amount determined upon for
street improvements. Held, a substantial com-
pliance with the act, requiring the cost to be
certified to a commission appointed to carry out
the proposed improvements, and equivalent
to a certificate.

Where a lessee is at the time of laying an as-
sessment, legally liable to pay it, he is aggrieved
if the asessment is wrongful and there is no
difference between him and the owner of the
property in his right to take the statutory pro-
ceeding to vacate it. The provision of law
authorizing such proceeding is open to any
An order of arrest will be granted in an ac- one who is likely to be put to litigation and ex-
tion to recover damages resulting from a pense by reason of the unlawful assessment. lb.
fraudulent conspiracy to divest one of his
property, notwithstanding the damage might Assessments will not be vacated if the ad-
have been recovered in an equitable suit deter-vertisement of the introduction of the resolu-
mined between the same parties. The code tion and ordinance was not in every corpora-
permits a joinder of the action, but does not tion paper. Petition of Conway.
124
compel it. Bruce v. Wyatt.

ASSESSMENTS.

219

Assessments for street improvments as pro-
vided by ch. 298 of the N. Y. Laws of 1861,
are not affected by ch. 169 of the Laws of
1861, requiring the whole amount to be assessed

It is too late to raise the question of validity
and regularity of proceedings in street open-
ings several years after the confirmation of the
report. The confirmation of a report of a
street opening under the act of 1813 is a judg-
ment, and conclusive, and cannot be opened
in an application to vacate an assessment there-
under under ch. 338, laws of 1858. The act of

171

1872 cures the alleged irregularity. Dolan v. report. Fisher v. Mayor &c. of New York 508
Mayor &c., of New York.

An assessment is a lien, and is enforceable like

The N. Y. act of 1872, providing for the a mortgage.
assessment of the expense of an improvement

Ib.

on the tax payers at large, refers only to work

to be done and is not unconstitutional. As- For assessments upon corporate stocks, see COR-
tor v. Mayor &c., of New York.

172

PORATIONS.

For assessment of Taxes, see TAXES.

Stock of foreign corporations owned in New For assessment of Damages, se DAMAGES.
York cannot be assessed for taxes. The
actual value of the capital stock of a corpo-
ration which has no legal situs out of the
state is taxable in the state of New York.
Pacific Steamship Co. v. Commissioners, &c.

196

ASSIGNMENTS.

An assignment of personal property by
parol is a valid transfer in equity and in law.
Doremus v. Williams

33

The board of assessors of the city of New
York are required to apportion the expense
of improvements upon the property benefited
thereby in the manner prescribed by law, and
an omission from the assessment roll of an en-
An assignment of a chose in action affects
tire block, whose share of the expense must the right to the title and is controlled by the ler
therefore have been imposed upon the other loci contractus. Lery v.
property, if done intentionally, renders the
entire assessment fraudulent. Casey v. Mayor
dc., of New York.

268

Levy.

317

There is no law or judicial decision making
the record of an action or suit a place of record,
where assignments of the claim in suit must
Coon v. Reed.
339
be filed.

in action is of equitable cognizance. Dallrig

The whole matter of an assignment of a chose

v. Keeler.

532

When a plaintiff is secured in an existing
action, though in a foreign state, an attachment
Trubee v.
in a second suit will be set aside.
460
Ib. Alden.

A trustee of a church is not, as such, disquali-
fied from acting as a commissioner of assess-
Ib.

ment,

When the report of any two of three com-
missioners of assessment is sufficient, that the
third commissioner signing did not appear to
be the one appointed, will not invalidate the

A warrant of attachment need not contain
a recital of any of the grounds authorizing
its being issued. Mayor &c. v Genet. 461

A prisoner escaping from a sheriff will be
held to be absconding from the jurisdiction, and
will be a sufficient ground for an attachinent.

Ib.

A statement giving all the particulars which Where a bank was put in the hands of mili-
can be given will be sufficient to fix the amount tary commissioners for liquidation. Held, that
for which the attachment will issue. I. being compelled by superior force to submit its
affairs to the control of the military commis-
Before an executor can be attached, what hesion, it was discharged from its liability
is required to do must have been definitely as a pledge. McLemore v. Louisiana State
ascertained and settled. Sutton v. Davis. 483 Bank
268

ATTORNEY AND CLIENT.

The attorney of a lender of money cannot
recover from the borrower on implied contract,
for examination of title. Norwood v. Barcalow. 4

Possession under a mere bailment for hire is
not a consuctive fraud, and the property is
not liable for the bailee's debts. Christ v.
ber.

BANKRUPTCY.

Kle-
411

Where an attorney purchases a judgment from
his client, before the rendering of a final de- To bring a judgment within the exemption
cision, in an action to annul such sale, the of the bankrupt act, the debt must have been
attorney must show, that he gave his client contracted through fraud as the instrument.
all the information he himself had, as to the A fraudulent disposition of property is not
probable favorable determination of the ap- within the exemption. Phenix Park Coal Co. v.
peal, and establish the perfect fairness, ade-Schorper.
quacy and equity of the transaction. Dunn
V. Record.

124

26

The power of a register to compel attendance
not extend beyond one hundred miles, the
of a witness living out of his district, does
limit fixed by the act. Re Woodward.

34

Effect of bankruptcy proceedings in State
courts on an attachment made four months be-
34
Braley v. Boomer.

fore the adjudication.
Ib.

78

Where the defendants had stacked tow on the The creditor of a bankrupt cannot attack a
ground and the tarpaulins put over it were in-mortgage until his debt is in judgment and an
sufficient and let the rain through. Held, that assignee has no greater right in this respect than
the defendants were liable as warehousemen, as a creditor. Re Collins.
bailees, for reward, and also as ordinary bailees,
not having shown ordinary and reasonable
Mitchell v. Lancashire, &c., R. R. Co. 16

care.

A warehouseman who is exempted by agree-
ment from his ordinary responsibility is still li-
able for proper care, and especially for a negli-
gent misdelivery. Collins v. Burns.
243

Where a bankrupt has no lien upon property,
the bankrupt act transfers no lien to the as-
signee.
lb.