assignor, Yates v. Lyon, 61 N. Acts of plaintiff a ratification
Y. 344; rev'g 61 Barb. 205. of. Herrman v. Gilbert, 8 Hun,
Rights and duties of assignee 253.
as to accounting. Produce Bank Moneys due from agent, how to
v. Morton, Ante, 174.
be attached. Greentree v. Rosen-
Surety not entitled to have an stock, 61 N. Y. 583; affi'g 34 Super.
accounting; multifarious petition Ct. (J. & S.) 505.
for accounting. Matter of Castle, Foreign attachment not a bar to
Ante, 399.
receiver's action in this State. Os-
Examination of assignor on good v. Maguire, 61 N. Y. 524;
oath. Matter of Strauss, Ante, 402. affi'g 61 Barb. 54.
Accounting on petition of cred- Effect of against plaintiff in ex-
itor not imperative. Matter of ecution. Wehle v. Conner, 63 N.
Bowery Nat. Bank, Ante, 404. Y. 258; affi'g 4 Super. Ct. (J. & S.)
Assignee how to seek instruc- 24.
tions. Shipman's Petition, Ante,
Duty to disclose accounts and
books removal of assignee for
mal-administration. Manning v.
Stern, Ante, 409.
ATTORNEY AND CLIENT.
Rule as to dealings between.
Whitehead v. Kennedy, 7 Hun, 230.
Client bound by acts of attorney
though without authority. Palen
Authority of, when employed to
v. Starr, 7 Hun, 422.
Assignee protected on setting
assignment aside. MacDonald v. foreclose. Payments to. Heyman
v. Beringer, Ante, 315.
Laches in enforcing his lien on
judgment. Statute of limitations.
Richardson v. Brooklyn City &
Newtown R. R. Co., 7 Hun, 69.
Relief of attorney from fraudu-
lent settlement of claim, by client
Commitment of children to. during pendency of action prose-
Matter of Donohue, Ante, 1; Mat-cuted on shares. Coughlin v. N.
ter of Miller, Ante, 4 n.
Y. C. & H. R. R. R. Co., 8 Hun, 136.
Responsibility of attorney for
costs of motion to strike out irrele-
Against property of national vant and scandalous matter in
bank. Southwick v. First Nat. pleadings. McVey v. Cantrell, 8
Bank of Memphis, 7 Hun, 96.
Requisite proof of non-residence.
Thompson v. Lumley, Ante, 254.
Improper institution of proceed-
ings to disbar. Matter of Kelly,
Requisites of affidavit of, on 62 N. Y. 198; affi'g 3 Hun, 636;
ground of fraud and absence; s. C., 6 Sup'm. Ct. (T. & C.) 117.
warrant need not state grounds.
Mayor, &c., of N. Y. v. Genet, 63
N. Y. 646; affi'g 4 Hun, 487.
ATTORNEY-GENERAL.
Powers of, as to nolle prosequi.
Invalidity of assignments under
State law. MacDonald . Moore,
Ante, 53; Thrasher v. Bentley, Id.
39; Syracuse, &c., R. R. Co. v.
Collins, Id. 47.
Effect of composition, in case of
mistake. Beebe . Pyle, Ante,
Effect of composition, on sure-
ty's liability. Mason & Hamlin
Organ Co. v. Bancroft, Ante, 415.
Jurisdiction of assignee's action.
Frost v. Hotchkiss, Ante, 27.
Effect of execution levied.
MacDonald v. Moore, Ante, 53.
Attachment vacated by State
court on notice to sheriff. Dick-
erson v. Spaulding, 7 Hun, 288.
Fees of attorney and receiver in
State court protected. Clark v.
Binninger, Ante, 421.
When notice to attorney charges
client with reasonable cause to
Works change of title. Perry v. believe insolvency. Hoover .
Lorillard Fire Ins. Co., 61 N. Y. Greenbaum, 61 N. Y. 305; affi'g
214; affi'g 6 Lans. 201.
When right to make general Giving security, when not fraud-
assignment is not suspended by. ulent preference. Dalrymple .
Von Hein v. Elkus, 8 Hun, 516. Hillenbrand, 62 N. Y. 5; affi'g 2
What is fraudulent concealment Hun, 488; S. C., 5 Sup'm. Ct. (T.
of insolvency by banker. Roebling & C.) 57.
v. Duncan, 8 Hun, 502.
Mortgage given within four
Liability of assignee running months pursuant to parol contract
railroad. Cardot v. Barney, 63 made
prior to four months, not
Burdick v. Jackson, 7 Hun,
When conviction for not to be
benefit of creditors. Haas v. set aside. Pickett v. People, 8
O'Brien, Ante, 173.
Conflict of, with proceedings
under assignment under State law.
Matter of Bowery Nat. Bank, Ante,
404.
Holder of which of several bills
of lading entitled to delivery of
goods. Merchants' Bank v. Union 63 N. Y. 630; affi'g 2 Sup'm. Ct.
R. R. & Trans. Co., 8 Hun, 249. (T. & C.) 104.
Effect of new bill issued by in- Bona fide holder recovers
termediate consignee ; application against acceptor, through holding
of factors' act. First Nat. Bank security from drawer. Morton's
of Toledo v. Shaw, 61 N. Y. 283. Bank of Montreal v. Howard, 40
Duty of carrier as to goods not Super. Ct. (J. & S.) 15.
called for by consignee. Collins v.
Burns, 63 N. Y. 1; affi'g 36 Super.
Ct. (J. & S.) 518.
BILLS, NOTES, AND CHECKS.
Effect of garnishment on rights
of bona fide purchaser of promis-
sory note. Simon v. Huot, 8 Hun,
Note executed to wife on sale of
Continuing authority to draw husband's property. Dunn v.
construed. Patterson v. Stettauer, Hornbeck, 7 Hun, 629.
40 Super. Ct. (J. & S.) 54.
When bona fide purchaser of
Promise to accept, by telegram. negotiable paper, invalid in hands
Morton's Bank of Montreal v. of payee, can recover only amount
Howard, 40 Super. Ct. (J. & S.) 15. paid therefor. Todd v. Shel-
Refusal to honor draft. Levy v. bourne, 8 Id. 510.
Curtis, Ante, 189.
No right of action for amount
Note payable in specified num-unpaid on note surrendered and
ber of months. Roehner v. Knick-cancelled, although not paid in
erbocker Life Ins. Co., 63 N. Y. full. Kent v. Reynolds, 8 Hun,
160; affi'g 4 Daly, 512.
559.
Liability of principal on prom- Validity of accommodation
issory note signed with agent's notes in hand of holder as collat-
individual name. Moore v. Mc-eral security. Grocers' Bank v.
Clure, 8 Hun, 557.
Penfield, 7 Hun, 279.
Indorsement is implied warranty Sale of promissory note given
of maker's partnership. Dalrym- for patent right valid here, al-
ple v. Hillenbrand, 62 N. Y. 5; though illegal in State where note
affi'g 2 Hun, 488; S. C., 5 Sup'm. was made. Palmer v. Minar, 8
Ct. (T. & C.) 57.
Hun, 342.
Liability on indorsement of Insufficiency of notice in prom-
note limited by conditions of de- issory note to put purchaser on in-
livery. Lattimer v. Winton, 8 quiry. Mabie v. Johnson, 8 Hun,
Hun, 171.
Note for a sum to be deducted Laches in presenting. Syracuse,
from a fund, not a bill of ex- &c. R. R. Co. v. Collins, Ante,
change, but an equitable assign- 47.
ment. Munger v. Shannon, 61 N. Notice of protest mailed in
Y. 251.
lamp post box; extent of inquiry
Liability of married woman on necessary as to indorser's address.
note to husband's order. Second Greenwich Bank v. De Groot, 7
Nat. Bank of Watkins v. Miller, Hun, 210.
Indorser, though not charged,
liable where usurious renewal
note was taken. Leary v. Miller,
61 N. Y. 488.
Law of place. Croninger v.
Crocker, 62 N. Y. 151.
Forged indorsement of bank
Action to recover bounties
wrongly paid. Hathaway e. Town
of Cincinnatus, 62 N. Y. 434.
Not entitled to commissions
check. Estoppel. Palm v. Watt, when negotiations fail, though
7 Hun, 317.
BILL OF PARTICULARS.
Not ordered against defendant
in libel. Orvis v. Dana, Ante,
owner afterwards sells to same
purchaser. Wylie v. Marine Nat.
Bank, 61 N. Y. 415.
Right to commissions, when
purchaser does not come to seller's
terms. Frazer v. Wyckoff, 63 N. Y.
445; affi'g 2 Hun, 545; Barnes ↑.
Barker, 40 Super. Ct. (J. & S.) 103.
Further account stated not to be
ordered. Hoff v. Pentz, Ante, 288.
In action for moneys obtained Validity and effect of authority
by fraud. People v. Tweed, 63 to brokers, given by plaintiff's
N. Y. 194; confirming 5 Hun, attorney in fact, to sell stocks,
353.
&c.; broker's right to sell for pro-
Requisites of affidavit to move tection of his
for. Orvis v. Dana, Ante, 268.
Wicks v. Hatch, 62 N. Y. 535;
affi'g 38 Super. Ct. (J. & S.) 95.
Right to commissions when act-
Powers, duties and liabilities of ing for both parties. Carman.
superintendent of streets in. Birds- Beach, 63 N. Y. 97.
all v. Clark, 7 Hun, 351.
Construction of charter, as to
Has no lien on effects of guest's local improvements; exercise of
wife. McIlvane v. Hilton, 7 Hun, powers, as incidental, although
&c. Schenke v. Rowell, Ante, nation of common council in res-
pect to local improvement. Kier-
When not void for misrepresen- nan, Matter of, 62 N. Y. 457; rev'g
tations inducing sureties to sign, 6 Sup'm. Ct. (T. & C.) 320; mem.
or as a wager bond. Wheaton v. S. C., 3 Hun, 623.
Fay, 62 N. Y. 275.
Validity of coupons,
separate from the bonds.
Mode, requisites and validity of
pledged assessments for local improve-
Union ments, and preliminary proceed-
Trust Co. v. Monticello & Port ings therefor. Sorchan v. City of
Jervis Railway Co., 63 N. Y. 311. Brooklyn, 62 N. Y. 339; affi'g 3
Hun, 562; S. C., 6 Sup'm. Ct. (T. &|racuse, B. & N. Y. R. R. Co., 7
C.) 316.
Hun, 399.
Jurisdiction of Brooklyn city Limited liability does not cover
court over corporations; waiver negligence. Westcott v. Fargo,
of objection. Brauneck v. Knick- 61 N. Y. 542; affi'g 6 Lans. 319;
erbocker Life Ins. Co., Ante, 393. S. C., 63 Barb. 349.
Duties of carrier by water; no-
tice to consignee. Robinson v.
Chittenden, 7 Hun, 133.
Duty as to goods not called for
Collins v. Burns,
Jurisdiction and issue in pro- by consignee.
ceeding to condemn unsafe build- 63 N. Y. 1; affi'g 36 Super. Ct. (J.
ing. Matter of an Unsafe Build- & S.) 518.
ing, Ante, 464.
Liability for through baggage,
and for baggage in warehouse.
Fairfax v. N. Y. C. & H. R. R.
Jurisdiction of canal appraisers: Co., 40 Super. Ct. (J. & S.) 128.
and effect of award; mode of tak-
ing evidence. People ex rel.
Silence as to real value, when a
fraud on carrier. Magnin 2.
Jermain v. Thayer, 63 N. Y. 348; Dinsmore, 62 N. Y. 35; rev'g 38
affi'g 4 Hun, 798.
Super. Ct. (J. & S.) 248.
CANCELLATION.
On what grounds action lies to
Settlement of, by stenographer's
cancel written instrument. Town minutes. Bohnet v. Lithauer, 7
of Venice v. Woodruff, 62 N. Y. Hun, 238; Toner v. Mayor, &c.
of N. Y., Ante, 302.
When statement of facts to be
Action to cancel paid note, when
maintainable. Fowler v. Palmer, substituted
62 N. Y. 533. And see CLOUD ON on appeal.
TITLE.
Parol contract, when not
merged in receipt. Hill v. Syra-
cuse, B. & N. Y. R. R. Co., 8 Hun,
for evidence in case
Marckwald v. Oceanic
Steam Nav. Co., 8 Hun, 547.
Refusal to send back to referee.
Quincy v. White, 63 N. Y. 370;
rev'g 5 Daly, 327.
CAUSES OF ACTION.
Actions without precedent.
Shipper's omission to read re- Moulton v. Beecher, Ante, 216,
ceipt does not affect the contract 231.
contained. Kirkland v. Dins- Causes of action for mixed in-
more, 62 N. Y. 171; rev'g 2 Hun, juries, when single. Bebinger v.
46; S. C., 4 Sup'm. Ct. (T. & C.) Sweet, Ante, 263.
Contract exempting from gross
negligence valid. Mynard v. Sy- Effect of unreasonable refusal
|