ACCOMMODATION NOTE-Authority of Partner to make or en- dorse-Notice. Code, §§ 136, 274.
ACT, RIOT-LAWS 1855-Boundary New York County
See NEW YORK COUNTY, BOUNDARY.
ADDITIONAL COUNSEL, Corporation of the City of New York may
GENERAL AND SPECIAL-Special agents cannot bind their principals beyond the scope of their special authority, and all persons dealing with them are bound to know the extent of their authority.
Special authority to an agent to buy corn, and to load it upon a vessel, does not authorize the agent to borrow the money, upon the credit of the principal, with which to pay for the same. BANK OF STATE OF INDIANA v. BUGBEE
OF HUSBAND-Husband and Wife
AGENT, ADMISSIONS OF—Evidence-Equitable Lien
PRINCIPAL AND-Transfer of Stock-Warranty . See PRINCIPAL.
AGREEMENT TO PAY THIRD PARTY, Liability upon-Power
of Referee to allow amendment. Code, §§ 272, 173
APPEAL-Conflict of Evidence-Equity-Costs in discretion of Court awarding them
Misnomer, no Ground of-Injury-Loss of Service, by whom recoverable.] Under the Code of Procedure, the only way to take advantage of a misnomer is by answer. Where the answer omits to set up such misnomer, no advantage can be taken of it on trial. A mere misnomer is only a formal error, and is amendable in the Court of original jurisdiction, and not entitled to notice in this Court. 1
Where a child under age is injured, etc., the parent may recover for loss of service until the child attains the age of twenty-one years; and if the injury continue beyond the period of legal ma- jority, the child may recover for such further loss.
TRAVER V. EIGHTH AVENUE R. R. Co.
ARTICLE CONDEMNED-Contract-No Notice to Contractor See CONTRACT. 1.
ASSERTION OF ASSIGNEE'S CLAIM against Debtor, Assignee's Creditor's Right of
ASSESSMENT OF TAX ILLEGAL-Remedy what-Injunction. Code, § 11
ASSESSORS, protected like all Judicial Officers.] It being the duty of assessors to ascertain and determine all taxable property, real or personal, within their town or ward, subject to taxation, they have jurisdiction to make the necessary investigation in respect to all property, and they are not liable for any errors they may com- mit in thus exercising the duties of their office. Their office, in this respect, is judicial, and in the discharge of its duties they are within the rule of protection extended to all judicial officers.
ASSIGNMENT-Lease-Pleading-Equitable Relief Trial SEE PLEADING. 2.
PREFERENTIAL-Possession unchanged-Presump- tive of Fraud.] In this State preferential assignments are not for that reason void, and an assignment authorizing the assignee to employ and pay all necessary attorneys' and clerks' fees, etc., and to take and have a reasonable compensation for his services; also, to pay and discharge all reasonable costs, etc., is not thereby ren- dered void, because it authorizes no more than was before lawful for the assignee to do.
The fact that there is no change of possession of the assigned property, in case of assignment for benefit of creditors, is not con- clusive of fraud, but only presumptive thereof.
ASSIGNEE OF BONA FIDE HOLDER, Rights of-Negotiable Paper See NEGOTIABLE PAPER.
ASSIGNOR'S CREDITOR'S RIGHT TO ASSERT ASSIGNEE'S CLAIM AGAINST DEBTOR-A creditor is not relieved from compliance with the requirements of the statute by the alleged insolvency of the debtor, when he seeks to impeach the validity of an assignment as being fraudulent.
A creditor who has in no manner succeeded to the rights of one
of the partners, who has become the assignee of the effects of the firm, cannot assert such assignee's rights to redress against those who may be indebted to the firm.
BEARDSLEY SCYTHE Co. v. FOSTER ATTORNEY-Power of Supreme Court to strike from Rolls.] The Supreme Court of this State has power, under the statute, to strike from the rolls the name of an attorney for general misconduct in the practice of his profession, after having caused a copy of the charges preferred against him to be served upon him, and oppor- tunity to be heard in his defence.
The proper mode of proceeding in such case, is by the service of an order upon the attorney, to show cause why he should not be stricken from the rolls, etc.
On the hearing, the Court is not confined strictly to the common law rules of evidence.
AUTHORITY OF OWNER, Delivery without-Conflicting Evidence
-PARTNER to make or endorse Accommodation
Note-Notice. Code, §§ 136, 274 .
AVERMENT, MISTAKEN-Variance-Judgment-Power to reform Pleading
AWARD OF COSTS in discretion of Court-Equity Appeal-Con- flict of Evidence
BOARD, POWERS OF METROPOLITAN POLICE-False Im- prisonment Corporation Ordinance
BONA FIDE HOLDER, Rights of Assignee of-Negotiable Paper
BOND TO PAY MORTGAGE on Testator's Real Estate, Executor can enforce
BOUNDARY, NEW YORK COUNTY—Riot Act-Laws 1855
CAPITAL POLICE DISTRICT-Constitutionality of Statute.] The law of 1865, establishing a Capital Police District, embracing
portions of the counties of Albany and Rensselaer, is in conflict with no provision of the State Constitution.
The Amendatory Act of 1866, extending that district so as to include within its bounds a portion of the county of Schenectady, is also free from constitutional objection.
In a public statute, applicable to particular localities or to known and open highways, there is ordinarily no occasion for the minute- ness and precision of description usual in conveyances of real estate. The validity of general laws, enacted by the constituted author- ities of the State, cannot be challenged in the courts on the theory that they may have been adopted from motives in hostility to the public good.
CAUSE OF ACTION-Pleading-Demurrer
CESTUI QUE TRUST-Trustees of Religious Corporations-Change of Doctrine
See RELIGIOUS CORPORATIONS.
CHARTER OF THE CITY OF NEW YORK-Corporation may employ additional Counsel.] The provision in the amended Charter of the City of New York, imposing on the Law Depart- ment the duty of conducting all the law business of the Cor- poration, was not intended to disable the City from prosecuting or defending suits without the consent of the Corporation Counsel; or to deprive it of the ordinary right of suitors to employ additional counsel when it deemed it necessary to do so.
MAYOR, &C., OF NEW YORK v. EXCHANGE FIRE INS. Co. CHURCH ORGANIZED UNDER GENERAL LAW CAN MAIN- TAIN EJECTMENT—The Methodist Episcopal Church of Fort Edward, organized under the General Law, in 1828, and in accord- ance with the discipline of said church, became a legal corporation, and as such acquired the legal title to lands conveyed to them for the purpose of erecting a house of worship thereon, and as such corporation can maintain ejectment against those who wrongfully enter upon and detain from it said premises.
VAN DEUZEN Vv. TRUSTEES, &c.
CITY OF NEW YORK, CHARTER OF-Corporation may employ Additional Counsel-Corporation Counsel
CLAIM AGAINST DEBTOR, Assignor's Creditor's Right to assert Assignee's
COMPANY, INSOLVENT, DIVIDES ITS CAPITAL-Recovery from Stockholders.] Where an insurance company, organized under the general law applicable to such companies, being insolvent, dis- tributes its capital among its stockholders, thus placing it beyond the reach of its creditors, it acts in fraud of its creditors, and such fund may be recovered back from those who received it, by a proper action commenced by the proper parties. The complaint in such case need not aver that in making such distribution it was done with an intent to defraud the creditors.
But no one creditor can individually maintain an action against an individual stockholder for the share so illegally distributed to him; the liability is to the creditors generally, and the action should be commenced by some party representing all the creditors. OSGOOD V. LAYTIN
COMPENSATION OF RECEIVER-Discretion of Supreme Court See RECEIVER,
COMPLIANCE-Part Payment-Statute of Frauds
See STATUTE OF FRAUDS. 1.
CONDITIONS OF INSURANCE-Construction
CONFLICTING EVIDENCE-Nonsuit refused-Delivery without Authority of Owner.
CONFLICT OF EVIDENCE-Appeal-Equity-Costs in Discretion of Court Awarding them
CONSIDERATION FOR REAL ESTATE NOT PAID-Deed not recorded-Subsequent Grantee
STATUTE-Penalties for Encroachment on Highway.] The statute imposing penalties for encroachments upon highways applies only to cases where the highway has been regularly laid out according to law, and not to cases where the right of way is by prescription.
See WORDS. 2. CONTRACT-CONDEMNED-No Notice to Contractor.] Where, by the term of a contract, cement is to be delivered to the Defend- ant at a place, to be taken on board of Defendant's vessel, and to be transported to a distant port, where it is to be of a quality to pass inspection of the proper officials, and the cement thus received
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