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INDEX.

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ACCOMMODATION NOTE-Authority of Partner to make or en-
dorse-Notice. Code, §§ 136, 274.

See NOTE.

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ACT, RIOT-LAWS 1855-Boundary New York County

See NEW YORK COUNTY, BOUNDARY.

ADDITIONAL COUNSEL, Corporation of the City of New York may

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218

258

305

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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

See HUSBAND.

AGENT, ADMISSIONS OF—Evidence-Equitable Lien

See MARRIED WOMAN.

PRINCIPAL AND-Transfer of Stock-Warranty .
See PRINCIPAL.

AGREEMENT TO PAY THIRD PARTY, Liability upon-Power

of Referee to allow amendment. Code, §§ 272, 173

See LIABILITY.

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243

35

270

345

328

297

182

APPEAL-Conflict of Evidence-Equity-Costs in discretion of Court
awarding them

See EQUITY.

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

See ASSIGNOR'S CLAIM.

ASSESSMENT OF TAX ILLEGAL-Remedy what-Injunction.
Code, § 11

See INJUNCTION.

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.

FOSTER V. VAN WYCK

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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.

JACOBS v. REMSEN

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

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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

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215

74

67

PERCEY V. TEN EYCK

-Nonsuit refused

See EVIDENCE. 1.

-PARTNER to make or endorse Accommodation

Note-Notice. Code, §§ 136, 274 .

218

See NOTE.

AVERMENT, MISTAKEN-Variance-Judgment-Power to reform
Pleading

235

See JUDGMENT. 3.

AWARD OF COSTS in discretion of Court-Equity Appeal-Con-
flict of Evidence

86

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BOARD, POWERS OF METROPOLITAN POLICE-False Im-
prisonment Corporation Ordinance

266

See FALSE IMPRISONMENT.

BONA FIDE HOLDER, Rights of Assignee of-Negotiable Paper

66

See NEGOTIABLE PAPER.

BOND TO PAY MORTGAGE on Testator's Real Estate, Executor
can enforce

171

See EXECUTOR.

BOUNDARY, NEW YORK COUNTY—Riot Act-Laws 1855

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CAPITAL POLICE DISTRICT-Constitutionality of Statute.] The
law of 1865, establishing a Capital Police District, embracing

308

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.

MCMULLEN v. SHEPARD.

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354

124

112

296

258

CAUSE OF ACTION-Pleading-Demurrer

See PLEADING. 1.

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

See CHARTER.

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CLAIM AGAINST DEBTOR, Assignor's Creditor's Right to assert
Assignee's

339

206

39

206

215

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CODE-

Sections 304, 305, 306

See COSTS.

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

See INSURANCE. 3.

CONFLICTING EVIDENCE-Nonsuit refused-Delivery without
Authority of Owner.

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124

161

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263

330

67

See EVIDENCE. 1.

CONFLICT OF EVIDENCE-Appeal-Equity-Costs in Discretion
of Court Awarding them

86

See EQUITY.

CONSIDERATION FOR REAL ESTATE NOT PAID-Deed not
recorded-Subsequent Grantee

46

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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.

DOUGHTY v. BRILL

354

330

326

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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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