It is not sufficient proof of the correctness of an account when presented, that no objection is made; enough must be shown to justify such an inference. Quincey v. White. 37 In an action against several defendants for a balance upon an alleged account stated, it must be proved that there was a joint undertaking on the part of all the defendants to pay the amount of such balance. Vanderlip v. Keiser et al. 62 Where an account stated is plead in defense to an action, and plaintiff avers that it was made at defendant's request to influence the action of another, but without effect, and that the accounts were in fact still open, it should go to the jury as to whether the account was in fact still open. Baker, admr., v. Hoff, trustee, &c. ACTIONS. 388 ken them from the plaintiff, although the latter held them under a claim of ownership. Voltz v. Blackmar. 322 A wife may maintain an action for loss ef support resulting from the death of her hus band against a person who sold him liquor, &c. Smith v. Reynolds. 576 Where it was alleged that the intoxication was caused in whole by the defendant, and the proof was that the intoxication was caused only in part by the defendant, Held, that a recovery might be had. Roth v. Eppy. 596 As to right of action on contract, see CON TRACT. As ta when actions will lie against assessors, see ASSESSORS, As to right of action for obstructions to light and air, see EASEMENTS. As to actions by and against receivers, see RECEIVER. See also, EQUITABLE ACTIONS. ADVANCEMENTS. and afterwards receives them, under an agreeOne who advances money on growing crops. ment that he shall consign them for sale, is entitled to the proceeds as against the consignees, notwithstanding the consignees claimed under an older title from the original vendor, of which he had no notice. Brown v. Combes | et al. 56 from the consignor, under a notice that they The consignees having received the crops were to be sold for his account, are estopped from setting up that they were to be made upon any other account. AFFIDAVITS. Ib. As to admissibility of affidavit of a party on motion to set aside a decree of divorce, see PRACTICE. AGENCY. Where commercial paper is sent to a bank for An order of the Special Term vacating an order confirming the report of commissioners appointed to appraise land sought to be taken for public purposes is discretionary. It may be reviewed at General Term, but is not appealable to the Court of Appeals. In re application of N. Y. C. and H. R. R. R. for appointment of Commissioners to appraise lands v. Cunningham, 88 et. al. An order granting or refusing an attachment for contempt is not appealable to the Court of Appeals. Sutton v. Davis, exr. 99 The Court of Appeals will not disturb allow ance made by the court below, when the latter does not exceed its jurisdiction. Comins et. al. 104 v. Board of Supervisors of Jefferson Co. In an action at law embracing a number of items or claims, an appellate court has no power to affirm a judgment allowing one item or claim and send it back for a new trial as to another. Wolsterholme et. al. v. The Wolsterholmé File Mfg. Co. 128 Under Chap. 322 of Laws, 1874, limiting appeals, whether or not the subject matter in controversy exceeds $500, must be determined by the complaint and testimony, and not by the judgment alone, Lyon v. Wilcox et. al. 151 The facts found by a referee may be reviewed by the Appellate Court. Crawford v. Everson et al. 168 The Court of Appeals will not examine the testimony with a view of ascertaining the merits, where the case was disposed of below upon an erroneous idea of the law. Graves v. Waterman, admr. et. al. 186 Order directing payment of an extra allowance, since it affects a substantial right, is appealable. Duncan v. Dewitt. 199 ARBITRATION. Ib. Where money has been paid under a mistake Although one member of a firm cannot bind of fact, although the party paying it was guilty his co-partners by submission to arbitration of negligence, he may recover it, unless the po without direct authority, any expression of in-sition of the party receiving it has been changed tent to give such authority by the non-signing &c., of New York. in consequence thereof. Mayer v. The Mayor, partner is sufficient to bind him. Pierce et. al. v. Morrisson. 2 The intendments are in favor of the validity of an award. lb. 25 Local improvements instituted by the corporcollected therefor are held by the city in its own ation are public improvements, and the moneys right, and not as depository. Ib. 431 To prove the value of certain services, the evidence should show what those particular services are reasonably worth, not what is the value of services generally. ს. As to privileged communications, see Lewin, assignee v. Redfield. 198 An action will not lie against an assessor for a wrongful entry on the rolls of the value of property. Youmans v. Simmons. ASSIGNMENT FOR BENEFIT OF CREDI- to prevent his being defrauded by any collusive TORS. See BANKRUPTCY. ASSIGNMENTS. The court will extend its aid to an attorney, action between the parties to a suit out of his compensation, but he is called upon to seek the aid of the court with diligence; and an unreasonable delay and laches on his part will be as fatal to his claim as it would be to the claim of any other suitor. Richardson v. The B. & N. R. R. Co. 324 An assignment of a judgment of a court of the State of Pennsylvania between parties resident, for value, is not merely a statutory transfer of Proceedings by an attorney to enforce his it, but a sale, valid everywhere; and after such claim do not constitute an action within the lite assignment, the assignor has no attachable in-ral operation of the statute of limitations, but terest in it. Noble et al. v. The Thompson Oil in enforcing it the court will be governed by the analogy of the Statute. Co. 121 An assignee of a judgment takes it subject only to such equities as exist in favor of the defendant at the time of the assignment. Swift 7. Prouty. 406 If the defendant has any equities against the assignee they can only be asserted by an action. lb. Ib. An agreement between an attorney and his client, entered into after the services have been rendered, and are supposed to have been successful, that the attorney shall receive a per centage of the amount recovered, is not an illegal contract. Wright v. Tibbit s. 467 A settlement made after suit is commenced, and without notice to an attorney, is not good, As to right of action in an assignee against a and the attorney may either prosecute the action trustee, see TRUSTEES. A place of business in NY. City does not constitute one a resident of this State, except for the purpose of an action in the N. Y. City Dis trict Courts. Wallace et al. v. Castle et al. 227 The sureties on an undertaking given to discharge an attachment issued from the Marine Court of the City of New York, may justify before a county judge of the county in which they reside. Seed v. Teall. 545 As to restriction against issuing attachment against national banks, see NATIONAL BANKS. or sue the parties making such fraudulent settlement. Coughlan v. The N. Y. C. & H. R. R. R. Co. 564 The time for presentment may be extended A general assignment for the benefit of credby the assent, express or implied, of the drawer. itors without preferences is not fraudulent or Ib void, and where executed six months prior to the filing of a petition in bankruptcy, against the assignor, is not assailable by the assignee in bankruptcy, nor can he recover possession of the trust property. Mayer et al. v. Hellman. The holder of a bank check must present and collect it the same day, or he is chargeable with laches. Farewell et al. v. Curtis 499 He cannot extend the time for which the drawer is liable. Ib The limitation applies as well to those causes of action which existed prior to the adjudication in bankruptcy as to those which arise subsequently. as 101 Whether there be any evidence at all of a fraudulent preference under the Bankrupt Act is a question for the court; the sufficiency of the evidence is a question for the jury. Lewin, assignee, v. Redfield. 198 After a resolution of composition in bankThe U. S. District Court, upon adjudicating a ruptcy has been duly adopted and confirmed, the corporation bankrupt, and appointing an debtor may have an attachment quashed that signee, may make an order requiring stockhold was issued against his property before the comers to pay to the assignee an unpaid balance up-mencement of the proceedings in bankruptcy, on the stock severally held by them; and such for the debt is thereby extinguished. Miller v. order may be made without notice to the stockholders, and cannot be attacked collaterally. Sanger v. Upton, assignee, &c. 6 Mackenzie. 205 When a composition in bankruptcy has been effected by giving the notes of a third party, and the notes are not met at maturity, the creditor is remitted to his right to sue upon the original debt. Edwards et al v. Hancher. 233 An assignee in bankruptcy, in order to recover property held under state authority, must do so |