« AnteriorContinuar »
A will made in ignorance of the existence of a living forms appear to have been carefully prepared, and, we child, held not revoked even at common law, by the believe, they will be found thoroughly reliable. Each discovery of its existence. Marsh v. Gilbert, p. 465. form, where it is deemed necessary, is accompanied An advancement made to a child, in stocks, at an by notes giving a reason for its adoption, or explainestimated value, held no advancement, when the ing the use of the terms contained therein. The volstocks were at the time worthless. The reporting is ume is well printed and bound, and will, we are carefully done, and the book is well printed and bound. confident, find its way into the library of every practi.
tioner in the State. COMYNS' ABSTRACTS OF TITLE. A Handu Book of Erercises on a Series of Abstracte of Title to
STANTON'S KENTUCKY DIGEST. Frechout, Copyhold and Leasehold Estates and Persovuilty, with observations and requisitions on each title, ar A new Digest of the Decisions of the Court of Appeals of Kenranged as exercises for the use of law students and ar
tucky, embracing all the reported cases from the organticled clerks, including the Real Property Limitation ization of the court in 1792 to 1876. By Richard H. Act, 1874, the Real Property (Vendor and Purchaser)
Stanton. 2 Vols. Cincinnati: Robert Clarke & Co.. Act, and observations thereon. By W. H. Comyns.
1877. Third edition. London: Reeves & Turner, 1877,
The author of this work gives the following account The vendors and purchasers of real estate in America of his labor in the preface: “Every reported opinion, have, thanks to the recording acts so generally adopted, from the first organization of the Court of Appeals in very little of the expense and trouble which meet 1792 to the last volume of Bush, published in 1876, has Euglishmen who undertake to enter upon similar been carefully examined and the principles settled or transactions. Here, in nine cases out of ten, a short recognized and approved given in the syllabus, in most examination of the books of the proper clerk or regis cases as nearly in the language of the court as possiter will inform an ordinarily intelligent man of all that ble, with due regard to brevity; care, too, has been he needs to know about the title of any given piece of taken to make the references, both to the book and the land. Iu Euglaud, however, solicitors must be em- page, entirely reliable and accurate." He further says, ployed, and a careful investigation, surrounded by l and the statement is an important one in estimati formalities and requiring much skill and knowledge, the value of a Digest: "I have in no case relied upon continued through many days, before it will be safe the abstract of the decision by the reporter, without to decide upon a purchase. The consequence is, that first giving the case a patient and careful examinathe examinatiou of titles forms an important branch tion." of the law, and the book before us is designed to prac In these days of many reports, he who makes a good tically acquaint students with the leading principles
Digest best discharges his debt to the profession; and of that law. Its value is, therefore, chiefly to English
this Judge Stanton has done. His statements of delaw students and others interested in real estate trans
cisions are full and accurate, the arrangement is sysactions there. It will, however, be found useful in
tematic, the cross references are numerous, and the aiding in the preparation of the less elaborate abstracts
typographical devices such as to render examination required bere, as it will suggest many points in which
easy. The work is one which the profession of Keusuch abstracts are liable to be deficient.
tucky will be sure to appreciate. SUPPLEMENT TO ABBOTT'S Forms. A Collection of Forms of Practice and Pleading in Actions,
CORRESPONDENCE. whether for Legal or Equitable Relief, prepared with reference to the Code of Civil Procedure of the State of
THE YOUNGEST MURDERER EVER CONVICTED IN New York. With Notes and Authorities. By Austin Abbott, New York: Baker, Voorhis & Co., 1877.
NEW YORK. The most extensive collection of forms of practical To the Editor of the Albany Law Journal: value adapted to practice under the old Code of Pro SIR.— Does any reader of your journal know of a cedure, was that made by Mr. Abbott, and the forms conviction for murder occurring in New York at an in that collection are, with very little change, useful earlier age than that presented in the subjoined case? under the new law of practice; in fact, most of them | Hale and other writers upon criminal law mention will answer without any alteration whatever. But as instances of infants under seven proving themselves changes are sometimes required and, in some instances, sufficiently doli capax to justify a conviction for the new forms, this work has been prepared. It comes highest crime known to the law. But we have no very opportunely, as the profession are as yet not en similar instances in this State, and the name of John tirely familiar with the new Code, and even the most Bowman still remains without a rival on the bad skillful among them cannot, without examination and eminence of a convicted murderer, to which he had the expenditure of considerable time, draw a pleading, | attained while scarcely nine years of age. Knowing a motion paper or an order with a certainty that he is bothing of the facts in his case, I must limit myself to right. It is among some thought an indication that giving the record of them as they appear in chapter 1 the attorney is not familiar with his work, for him to | of the Laws of 1813, entitled “An act directing the consult a form book, but this is not so. In the draw. confinement of John Bowman in the State prison, at ing up of papers, that he prepares every day, an ex- | hard labor for life,' passed November 10, 1812. perienced man can safely trust his memory, but in Whereas John Bowman, at a Court of Oyer and those that he needs to write but occasionally, even if | Terminer held in and for the county of Herkimer, in careful, he may forget something, and it is no mark the month of September last past, was convicted of the of ignorance for him to consult a collection of pre murder of a female child, and sentenced to be executed cedents any more than it is for a scholar to consult a on the 4th day of December next. And, whereas, dictionary. The forms given here are arranged in the from the report of the judge who presided at the trial order of the sections of the new Code, which will en of the said John Bowman, it appears, that at the time able the practitioner called upon to draw any paper said crime was committed, the said Johu Bowman required under the provisious of any section, to read was about nine years of age, therefore, in consideraily refer to this book and find what he wants. The 'tion of the extreme youth of the said John Bowman, Be it enacted by the People of the State of New York prevailing impression seemed to be (before the decision represented in senate and assembly, that, instead of the of the New York Common Pleas) that, as to innocent punishment of death, the said John Bowman shall be, third persons dealing with the company's chosen and he is hereby direoted to be coufined in the State official, the apparent was the real authority (32 N. prison at hard labor, for and during the term of his Y. Sup. Ct. 38). natural life; and that it shall be the duty of the sheriff The Common Pleas are probably right upon the law, of the county of Herkimer, on or before the 1st day of but will the rule not work unjustly in many cases ? December next after the passage of this act, to remove
LEX. the said John Bowman from the prison in the said county of Herkimer, and him safely deliver to the
COURT OF APPEALS DECISIONS. keeper of the said State prison, and that it shall be the duty of the keeper of the said State prison to THE following decisions were handed down on Tuesreceive the said John Bowman into the said State 1 day, November 27, 1877: prison, and him to keep at hard labor during his Judgment affirmed, with costs – McParlin v. Boynnatural life.
ton; Cassedy v. Anthony; Hunter v. American PopuFor any jury to convict a boy only about and not lar Ins. Co.; Dolan v. The President, Managers, etc., i quite nine years of age of murder, there must have of The Delaware, etc., Caual Co.; Uuderwood v. Farbeen circumstances of a peculiarly malicious character mers' Joint Stock Ins. Co.; Harrington v. Robertson; connected with the crime. What were they? Can King v. Livermore; Burrows v. Whitaker; Gould v. any one tell ?
Town of Oneouta; Shand, Ex., etc., v. Handley.
Judgment reversed and new trial granted, costs to EFFECT OF CORPORATE BY-LAWS UPON STRANGERS. abide event - Ten Broeck v. Sherrill; Merritt v. The
Village of Portchester.-- Order of General and SpeTo the Editor of the Albany Law Journal:
cial Term reversed and motion denied, without costs SIR. — The New York Common Pleas General Term
- In re Attorney-General v. Continental Life Ins. Co. decided in Westervelt v. Radde (New York Daily Reg
(In re Petition Merrill). — Order reversed and appli ister, Nov. 16, 1877), that the trial judge erred in hold
cation denied, with costs – In re Marsh. ing "that the president of a corporation could lawfully bind it in the purchase of goods required in its business, notwithstanding there was a resolution to
NOTES. the contrary on its books, unless the plaintiff had
THE Fall announcements of Baker, Voorhis & Comnotice of such resolution," and for this alleged error
I pany include a number of interesting subjects, not the judgment directed at trial term was reversed.
least among which is Mr. Abbott's “Trial Evidence," This decision is certainly of great importance, for
a book which ought to be a vade mecum for every lawit requires all persons dealing with a corporation to
yer who tries a cause. Mr. McMaster has completed inform themselves in advance of every by-law and
bis Digest of the Law of Railways and it will soon apresolution placing restraints upon the apparent au
pear. A good digest of the railway cases is needed thority of its officers.
and will be welcomed. Mr. Bump, whose notes on The decision is also entitled to much respect, because
the bankrupt law have been so popular, is applying the it comes from a learned court and was written by a
same method to the Constitution of the United States. pains-taking judge, but its importance will justify a
The same enterprising publishers will shortly issue brief reference to what seems to be the only reported
Sedgwick's Leading Cases in the Law of Damages; cases directly in point.
Vol. VI of Daly's Common Pleas Reports, and a new The Supreme Court of North Carolina, in deciding
edition of Green's Brice's Ultra Vires. They have Smith v. N. C. R. R. Co. (68 N. C. 117), said: “The
besides several other works in preparation by Mr. Danby-laws of the company enact that no contract
iels, Mr. Sedgwick, Mr. Waterman and Mr. Sprague. shall be binding on it unless ratified or approved by
- Wm. Gould & Son have nearly ready the Digest the president or board of directors. It is evidenced
to Moak's English Reports, which will cover very comthat this was not intended to apply to the ordinary
pletely all the Euglish cases of interest in this country contracts for freight and passage, which, from their
between 1872 and 1877. They will also shortly publish nature and number, could not be so ratified, but only
the third volume of Wait's Actions and Defenses, a to contracts beyond the usual business of the company.
work which young men will find a very tolerable substiBesides, the by-laws of a corporation are not evidence
tute for a large library. — Callaghan & Company anfor it against strangers who deal with it, unless brought
nounce as ready the initial volume of a series of Criminal home to their knowledge."
Reports, after the plan of the series undertaken by the In the Royal Bank of India's case (L. R., 4 Ch. 252),
late Mr. St. John Green. They have also in press the the court were of opinion that a certain by-law of the
second volume of Von Holst's Constitutional History, corporation could not affect the rights of a person deal
a work of rare merit; Roscher's Political Economy; ing with the directors in ignorance of such by-law.
a treatise on Torts, by Judge Cooley; Lewis on EmiIn the G. W. R. Co. v. Goodman (11 Eng. L. & Eq. R. nent Domain; Wells on Repleviu; Brandt on Surety546), it was held that the company could not relieve ship and Guaranty, and Sutherland on Damages. itself from liability under a by-law unless knowledge of it was brought home to the person sought to be affected thereby.
Messrs. Houghton & Co. have a list of excellent law The same rule applies to the certification of checks books, but their announcements include only one legal by bank tellers (16 N. Y. 125, 14 id. 6:23, 19 id. 152). work — that ou Mortgages, by L. A. Jones, of the The election of a president by a corporation seems in Boston bar.- Ward & Peloubet are preparing a new itself to be a holding out of one clothed with the usual work on the Law and Practice of Bankruptcy, by and ordinary powers belonging to the office, and the | Alex. Blumenstiel; the second volume of Hilliard's
American Law, and a Digest of the Law of Trade- of librarians, in England, communicated the singular marks.- Thompson & Stevenson, the enterprising fact that the best customers for novels are the law. publishers of the Central Law Journal, thongh youngest yers. It is stated that the German chancellor has in the field of publishers, display energy and activity | proposed to the Federal council the establishment of that some of their elders might profitably imitate. | twelve maritime courts for inquiry into accidents at Besides their numerous and valuable - and valuable sea, to sit respectively at Koenigeberg, Danzig, Stettin, they certainly are — Monographs, they announce a Straulsund, Rostock, Lubeck, Flensburg, Tonning, new work on Contracts, by Joel Prentice Bishop, who Hamburg, Bremerhaven, Brake, and Emden. Each seldom makes a book that is not a very good book; of these courts will have jurisdiction over a certain and a treatise on the Law of Notice, by W. P. Wade. | defined portion of the German coast. - John D. Parsons, Jr., has ready a new treatise on the Law of Corporations, by George W. Field, Esq., the A quaint civic custom, annually observed on Allauthor of a treatise on the Law of Damages. We have hallows' Eve, was gone through, on October 31, at the examined the advance sheets of Mr. Field's work, and office of Sir Frederick Pollock, the Queen's Rememdo not hesitate to say that it will be found exhaustive brancer, in Chancery Lane. It referred to the appearand thorough. That a new work on this subject was ance of the late sheriffs to account, and as to rent serneeded is evidenced by the fact that a recent catalogue vices due to the Crown to be rendered on behalf of the spoke of some three or four different authors as en-corporation of London. The secondary Mr. De Jergaged upon it. Mr. Field has covered the ground very sey), the city solicitor (Mr. T.J. Nelson), and Mr. Farsatisfactorily. The same publisher will shortly issue a rar, the late under-sheriff, attended on behalf of the Commentary on the Law of Lunacy, by Prof. John city. The warrants having been filed and recorded, Ordronaux, State Commissioner in Lunacy and pro | this proclamation was made; “Tenants and occupiers fessor of medical jurisprudence in Columbia Law of a piece of waste ground called “The Moors, in the School. The author's official experience as well as his county of Salop, come forth and do your service." training and studies have given him exceptional ad. The city solicitor then came forward and cut one fagot vantages in reaping this field of jurisprudence. The with a hatchet and another with a billhook. Then work will treat of the judicial aspects of insanity, both came another proclamation: "Tenants and occupiers in their civil and criminal relations, with the medical of a certain tenement called 'The Forge,' in the parreasons which can be defended and have been sustained ish of St. Clement's Dames, in the county of Middlein courts of justice in support of such judicial de sex, come forth and do your service." The city 80cisions. The work will not only contain a thorough licitor upon that advanced and couuted six horseshoes and exhaustive statement of the law relating to lu and sixty-one nails, the Queen's remembrancer saypacy, including testamentary and testimonial capac ing, when he had finished, “Good number.” With ity, contracts and criminal responsibility, but it will this the ceremony came to a close. This is one of the also form a complete manual of practice.
three remaining “tenures by grand serjeantry," the other two being a flag to the Queen from the Duke of
Marlborough on the anniversary of the battle of BlenThe California Supreme Court has been occupied for
heim, and the other from the Duke of Wellington for a year or more, with a case against a little woman,
Strathfieldsaye on the anniversary of Waterloo. fifty-five years old, named Crowel, alias Galiusky, the matter involved being about $30,000 worth of prop
Human nature is much the same the world over, as erty. A decision was reached a few days ago, and the
the following bit from Punch will serve to show: “The little old lady gets the benefit of it. She had sold all
jury then retired to consider their verdict. * * her jewelry and spare clothing to raise money for the
Foreman - Well, gentlemen, what shall it be? For payment of her counsel, and for some time before the
the defendant or the plaintiff? I say for the plaintiff, decision was rendered, was actually obliged to beg for
damages £1,000. Number Two - Nonsense; you mean bread. Her good fortune was announced to her upon
the defendant. He was in the right, and nothing the street, as she was on her way to borrow money to
shall make me give in, if I stay here all night. Nambuy bread for the next few days, and the intelligence
ber Three — Don't say that; because I have a dinnerovercame her to such a degree that she fainted. — From the return of the Chief Registrar for Ireland,
party at seven. Number Four - And I promised my
wife to be back by six. Number Five - I say ditto to it appears that in that country, in 1874, there were 324
Mr. Foreman. Only make it a farthing damages. bankruptcies, with debts to the amount of £1,012,000 ; in 1879, 324 bankruptcies, and £598,147 debts; in 1876.
Nothing shall move me from that. Number Six
Which was the plaintiff? Number Seven - Why, the 285 bankruptcies, and £1,030,000 debts. In 1874, there
one who refused to pay the bill, don't you know? were 288 arranging traders, with £1,333,000 debts; in
Number Eight - Lor' bless me, I thought he was the 1875, 310 arranging traders, with £1,638,000 debts; in
defendant. Number Nine - Come, gentlemen, it's 1876, 309 arranging traders, with £2,835,000 debts. In
getting late. Make up your minds. I don't care which the three years there were more than eight millions
you give it for, in fact, I thought both sides in the sterling lost by the solvent.
wrong. Number Ten - Did you! I thought both
sides in the right. Number Eleven - It's no use talkMontaigne relates a curious story illustrative of the ing. I tell you I mean to stick to the defendant. Numhorrible pedantry of the bench in his day. A man was ber Twelve - And I to the plaintiff. Damages £1,000. condemned to death. His innocence was afterward Not a penny, mind you, not a penny less. Foreman proved by the confession of the real criminals. Yet I see, gentlemen, we must decide it in the usual way. the judges met and decided that execution must take | I will toss the shilling, if you will be good enough to place, for it was better to sacrifice an innocent man | cry heads or tails. * * * The jury returned after than endanger respect to law. The man was accord
r respect to law. The man was accord- | a few minutes' absence. Verdict for the plainti ingly hanged. A librarian, at the recent conference I damages forty shillings.
The Albany Law Journal.
All communications intended for publication in the The bankrupt law was not repealed at the special LAW Journal should be addressed to the editor, and the session, and we hardly expected that it would be, name of the writer should be given, though not necessa
although the majority of the members of both rily for publication. Communications on business matters should be ad
houses favored a repeal. There is, however, plenty dressed to the publishers.
of time for a careful consideration of the matter at the present session, and we are confident that such consideration will be given. If, after hearing all the arguments which can be advanced both for and
against repeal, the two houses determine to retain ALBANY, DECEMBER 8, 1877.
the law as it is, or in an amended form, we will be
satisfied, but we know that if the whole subject is CURRENT TOPICS.
fairly understood by representatives and senators,
the bankrupt law is doomed. As it is usually carTHE President's Message refers to but a single
ried out, that law is substantially nothing but a 1 matter of special interest to the profession,
legalized plan for plunder, and no modifications namely, the suggestions made by the Attorney
or amendments can deprive it of this character, General in his report in respect to the condition of
though they may, in some degree, diminish its business in the various Federal courts. The Presi
power for harm. dent says that the “pressure of business in the Supreme Court and in certain Circuit Courts of the The last number of the New York Evangelist conUnited States is now such that serious delays, to tains an extended account of proceedings in a the great injury and even oppression of suitors, Chinese criminal court, witnessed by the editor of occur, and a remedy should be sought for this con- that paper, with a description of criminal procedure dition of affairs. Whether it will be found in the in China, which presents that system in a light plan briefly sketched in the report, of increasing the somewhat different from that in which people here number of the judges of the Circuit Courts, and by have been accustomed to regard it. We have means of this addition to the judicial force, of cre- always believed that Chinese justice was blind, unating an intermediate court of errors and appeals, or reasonable and cruel, and that, while an upright and whether some other mode can be devised for obviat virtuous citizen would probably not fall under the ing the difficulties which now exist,” he leaves to | ban of the law, there were no certain safeguards the consideration of Congress. It is probable, con such as exist here making it sure that he would not sidering the general appreciation of the necessity do so. But, according to the editor of the Evangelof a thorough change in the Federal judiciary sys- | ist, Chinese trials, while conducted in a manner fortem, that either the bill prepared by Senator Davis, eign to our ideas of propriety, are formal trials, the of Illinois, or some other embracing like provisions, purpose of which is to ascertain truly whether the will become a law. It would be well if, at the accused is guilty of the crime charged. Witnesses same time, the system of procedure in the Federal are, as a rule, not examined, and the proceeding is courts could be simplified and brought into harmony principally between the judge and the accused. The with modern ideas on the subject, but of that we accused has no counsel, and the judge determines have little hope. If the courts are properly reor both the law and the facts of the case. There is no ganized it will be as much as we can expect from unkindness of manner toward the prisoner, but what the present Congress.
he has to say is heard patiently and respectfully. He
is, however, presumed guilty of the offense charged In the reports of the heads of departments other instead of innocent, as with us. In this, however, than that of Justice, we note only these matters: the law of China does not differ from the rule preThe Secretary of the Treasury suggests legislation vailing in practice in the courts of France. Torture for the benefit of those having small savings which is used to extort confessions, but this seems to be now go into savings banks. He does not recom-confined to capital cases, where punishment cannot mend national savings banks, but the issue of cer- be inflicted until the accused admits that he is tificates for small deposits by the government, di- guilty. We should infer, however, that torture is rectly, such certificates to be convertible into four not resorted to until the court is satisfied from other per cent bonds; in other words, a modified form of sources that the prisoner is guilty. Indeed, the ina government savings bank. The Secretary of the terview between the prisoner and judge is in every Interior recommends legislation in respect to gov case probably only a single event in the trial, the ernment timber lands, and seems satisfied with the rest of which has been conducted in the absence of operation of the existing laws upon other subjects. the prisoner. The use of torture is believed, even The Postmaster-General, as is usual, suggests exten- by Europeans familiar with China, to be necessary, sive changes in postal legislation, some of which are as there is no dependence to be placed on the testiplainly necessary.
| mony of witnesses. The results of the Chinese Vol. 16.— No. 23.
system are said to be satisfactory, life and property | Life Ins. Co. v. Rodel), the question is answered in being as safe in the cities there as in London or the negative, both courts holding that sanity, and New York.
not insanity, is presumable; that the burden of
proof is on the plaintiff to show that the deceased The English newspapers have been lately indulg
was insane, and that the suicidal act alone is not ing in comparisons between the English and French
sufficient to establish insanity. This is in accordjudiciary, the occasion being the more than usual
ance with the rule adhered to by the courts in nunumber of appointments to the bench in England
merous cases (Terry v. Mutual Ins. Co., 1 Dill. 403; and Ireland made during the past few months. In
Coffee v. Home Life Ins. Co., 35 N. Y. Super. 314, etc., England, as here, the judges of the superior courts
etc.), but such rule seems a severe one. The quesare chosen from the bar, while in France they are
tion of insanity in such instances is one of fact, and taken from a separate class. To the lawyers, and
could be safely left to the jury. probably to the more intelligent among the people generally, the English method of selection would appear to be preferable. The daily business of the The nomination of Mr. Harlan as Associate Justice advocate renders him not only familiar with the law of the Supreme Court was confirmed last week, but in its details and application, but it makes known a motion to reconsider was made and laid on the to him the difficulties which surround suitors in table. The termination of the extra session without bringing the matters in which they are interested action on the motion to reconsider resulted in an before the courts. A judge who has had no experi- absolute confirmation. We do not understand that ence at the bar knows only half the law, and that there was any question made as to the ability of the less essential half. Yet it is claimed that the Judge Harlan - that was conceded; the hitch was French system has advantages. A judge who has as to the shade of his “Republicanism.” The nomnever acted as counsel is not as liable to take sides in ination of Mr. Baxter to the Sixth Circuit was not a controversy before him, as one who has so acted, acted upon. and, therefore, his feelings will not control or bias his decision. Being trained from youth with a view Congress closed the special session just in time to to the bench, he acquires habits which peculiarly fit enable it to reconvene for the regular one. The past him for the performance of judicial duties, and he session will be remembered rather for what it did knows how to do his work from the beginning. not do than for what it did. Called chiefly for the Besides, in the French courts, where the judge exer- purpose of providing funds for carrying on the govcises the functions of the jury, a larger judicial force ernment, it undertook to legislate about every thing is necessary, and it is not thought possible to secure conceivable. It is stated that over eighteen hundred the needed number of competent persons from the bills were introduced, almost all of which came to bar. There is also this in the French system: A naught. It is to be hoped that most of them will French court of justice, whether it arrives at a de- never see light again. cision unanimously or by a majority, never betrays any difference of opinion in its judgments, and its adjudications are not weakened in authority by the
NOTES OF CASES. egotism or self assertion of non-concurring members. '
IN Williar v. Baltimore Butchers' Loan Association,
N Williar V. Baltimore Butchers' In this respect the French courts are worthy of 45 Md. 546, plaintiff, having paid usurious inimitation. Still, with all its imperfections, we terest, brought action to recover back the same inwould rather trust to the decision of an English der the provisions of a statute of Maryland which court on most questions, and we suspect that the declared that a person guilty of usury shall forfeit French themselves regard the English judiciary all the excess above the principal sum and the legal with higher respect than they do their own.
interest thereon," which forfeiture shall inure to
the benefit of any defendant who shall plead usury The question whether suicide of itself is evidence and prove the same.” Pending the suit, an act was of insanity has frequently arisen in actions upon life passed by the legislature of Maryland, taking away insurance policies where the defense was, that the a right of action for usury where the same has been insured had died by his own hand, in violation of a paid. It was claimed that this act took away plaincondition in the policy, and the defense was sought tiff's right of action, but the court held that the to be avoided by proof that when the act was com- plaintiff had a vested right in such cause of action, mitted, the insured was insane, and the act was not and it was beyond the constitutional power of the his own, and did not come within the condition. | legislature to take it away. The court say that the In two cases appearing in our abstracts this week, excess of interest which might be recovered back one decided in the New York Court of Appeals was not a forfeiture, but was money belonging to (Weed v. Mutual Benefit Life Ins. Co.), and the other plaintiff, in the hands of defendant, the right of acin the United States Supreme Court (Charter Oak | tion for which was not conferred by the statute, but