BAGGAGE. See Carriers 397%; Shipping, 167. BAILMENT. 297, BANKRUPTCY. III. ASSIGNMENT, ADMINISTRA- (C) Preferences and Transfers by Bank- 188(1) (N.Y.Sup.) Qualified property or lien V. RIGHTS, REMEDIES, AND DIS- 424 (N.Y.Sup.) Under Bankruptcy Act, § 17, BANKS AND BANKING. 527; 8; See Trusts, 34. Mu- III. FUNCTIONS AND DEALINGS. (C) Deposits. 130(1) (N.Y.Sup.) Where a bank accepted See Banks and Banking, 130-154; Carriers, City of Buffalo, 170 N. Y. S. 515. 5 (N.Y.Sup.) Seller of pieces of silk could 22 (N.Y.Sup.) The holdover doctrine does 25 (N.Y.Sup.) Where defendant leased ma- 33 (N.Y.Sup.) Evidence held to make a That a bank which has placed funds repre- 138 (N.Y.Sup.) Where a corporation depos- 148(2) (N. Y. Sup.) Where one, whose only 154(6) (N.Y.Sup.) In an action against a For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER paid to or used by the corporation.-Cutler v. Colonial Bank, 170 N. Y. S. 438. V. SAVINGS BANKS. 301(3) (N.Y.Sup.) Where suspicious circumstances exist, connected with the withdrawal of a savings bank account, reasonable care for the protection of the depositor requires the bank to avail itself of its privilege of withholding payment for 60 days, in order to make inquiry as to whether the withdrawal is by the depositor's authority.-Myerowich V. Emigrant Industrial Sav. Bank, 170 N. Y. S. 38. BILLS AND NOTES. See Mechanics' Liens, 211; Pleading. I. REQUISITES AND VALIDITY, (E) Consideration. 98 (N.Y.Sup.) Accommodation maker of note containing words "value received" was not estopped to deny consideration; such words being a mere admission.-Kennedy v. Heyman, 170 N. Y. S. 828. IV. NEGOTIABILITY AND TRANSFER (A) Instruments Negotiable. 155 (N.Y.Sup.) Postdated check, accepted from the payee in good faith, is good, under Negotiable Instruments Law. §§ 23, 26.Kuflik v. Vaccaro, 170 N. Y. S. 13. DORSEMENT OR TRANSFER. (A) Indorsement Before Delivery to or Transfer by Payee. 314 (N.Y.) A director in a financial institution must exercise the same degree of care that men prompted by self-interest generally V. RIGHTS AND LIABILITIES ON INexercise in their own affairs, to know how the business is conducted, and to give direction to its affairs, and is not excused by the fact that he is a mere honorary director, and is not expected to give the business any attention.-237 (N.Y.Sup.) A sale of accommodation Kavanaugh v. Gould, 119 N. E. 237, 223 N. Y. paper is treated as a loan of money by the purchaser.-Kennedy v. Heyman, 170 N. Y. S. 828. 103. (D) Bona Fide Purchasers. Trust company directors must live up to bylaws, especially in a new company.-Id. Where the officers of a financial institution speculated in its stock in violation of Banking 376 (N.Y.) General Business Law, §§ 370, Law, § 27, subd. 8, the directors should not per- 371, 373, not being abrogated by Negotiable Inmit continuance thereof, although profitable to struments Law, §§ 91, 96, a note void in its inthe company.-Id. ception for usury is not enforceable even by the holder in due course.-Sabine v. Paine, 119 N. E. 849, 223 N. Y. 401. Whether an honorary director of a financial institution would have known of irregularities in the management of the business if present at meetings, and whether losses were attributable to such failure, and whether he was negligent, in not attending, held questions of fact. -Id. What a director of a financial institution must do in exercising reasonable care in the performance of his duties is dependent upon the facts; care being a relative term.-Id. VIII. ACTIONS. 497 (2) (N.Y.Sup.) Where postdated check was given payee to be held until performance of agreement, but was transferred without performance and before date, holders had burden of showing that they were holders in due course.-Kuflik v. Vaccaro, 170 N. Y. S. 13. 537(3) (N.Y.Sup.) The fact that an accommodation note contained words "value receiv ed" was insufficient to make a jury question, where all other evidence showed that there was no consideration.-Kennedy v. Heyman, 170 N. Y. S. 828. BODY EXECUTION. See Execution, 426-434. BONA FIDE PURCHASERS. See Bills and Notes, 376; Sales, 473. BONDS. See Injunction, 238; Intoxicating Liquors, 87; Municipal Corporations, 911; Railroads, 153. BOUNDARIES. I. DESCRIPTION. 3(3) (N.Y.Sup.) In determining whether a deed conveys title to center of highway, significance must be attached to quasi monument, a butternut tree, "on the Boston Post Road," constituting commencement point of description.In re White Plains Road in City of New York, 170 N. Y. S. 1018. 14 (N.Y.Sup.) Description of deed, conveying farm on lake, held to convey strip between road and lake and land beneath lake to center. -Land & Lake Ass'n v. Conklin, 170 N. Y. S. 427. 20(4) (N.Y.Sup.) Description in deed, "and from thence northerly by said road to the firstmentioned bounds," passed to grantee fee of road to its center.-In re White Plains Road in City of New York, 170 N. Y. S. 1018. Description in deed, thence northerly by and with said road as fence now stands to point of beginning, held to reserve in grantor title to land lying outside of fence and constituting part of road.-Id. II. EVIDENCE, ASCERTAINMENT, 37(4) (N.Y.Sup.) Evidence in ejectment held to show that certain boundary lines were along the shores of bodies of water rather than a line established by the field notes of a surveyor.-Brewer v. Moore, 170 N. Y. S. 376. BOYCOTTING. See Appeal, 1152. BRIBERY. the principal's offer has not been complied with.-Arachtingi v. Tweedie. 170 N. Y. S. 1014. III. DUTIES AND LIABILITIES TO PRINCIPAL. a customer's stop 29 (N.Y.Sup.) Upon loss order, the broker must sell at the price fixed, if possible, or at whatever price it is possible to sell thereafter.-Murphy v. Bishop, 170 N. Y. S. 342. Where plaintiff gave broker a stop loss order, and he employed on commission a third person to sell the stock, and such person made a sale through another firm to one who had not authorized the purchase, so that there was loss when the stock declined, the broker was liable therefor, since the person was his agent, and not plaintiff's.—Id. 30 (N.Y.Sup.) Where drawer of check payable to stockbrokers gives check to third party, to be delivered to such brokers as margin on a short sale, the brokers have no authority to credit amount thereof to person delivering it, and are liable to drawer for funds represented thereby.-Apostoloff v. Levy, 170 N. Y. S. 930. 35 (N.Y.Sup.) Where plaintiff deposited with K. as security a certificate of stock, which had been indorsed by her for transfer, and after such certificate had been sold by mistake a second certificate was procured, which was never indorsed by plaintiff, trover would lie against defendant brokers, who sold second certificate on order of K., but without plaintiff's knowledge or consent; the act being conversion.Leishing v. Van Buren, 170 N. Y. S. 193. against two 37 (N.Y.Sup.) Complaint firms of stockbrokers, showing that plaintiff employed one firm to open speculative account and that it opened account with the other for her, and that the latter executed orders and See Indictment and Information, 110. stock and wrongfully 1(2) (N.Y.Sup.) Under Penal Law, §§ 260, 371, where defendant was convicted of at charged commissions, did not disclose a liabil tempted bribery, held, that an attempt to of-ity of the latter to plaintiff.-Noble v. Kendall, fer a bribe or to make an agreement therefor 170 N. Y. S. 231. is an attempt to commit the crime prohibited 38(7) (N.Y.Sup.) In action of trover for by the statute, and is not an attempt at an at- wrongful sale of certificate of stock by defendtempt.-People v. Bennett, 170 N. Y. S. 718. ant brokers on order of a third person, with There can be an attempt to commit the crime whom it had been deposited as security, deprohibited by Penal Law, § 371, punishing a fendants, under their plea of partial defense, person who gives or offers, or causes to be would be entitled to a reduction of plaintiff's damages by amount of lien of plaintiff's ingiven or offered, a bribe.-Id. debtedness to such person.-Leishing v. Van Buren, 170 N. Y. S. 193. (N.Y.Sup.) In a prosecution for attempted bribery, evidence held to sustain a verdict of guilty.-People v. Bennett, 170 N. Y. S. 718. BRIDGES. See Constitutional Law, 291. BRIEFS. See Appeal, ~756, 767. BROKERS. See Corporations, 123; Usury, 55, 56. II. EMPLOYMENT AND AUTHORITY. 10 (N.Y.Sup.) The principal has the right to terminate a broker's agency at any time, if wrongfully tendered IV. COMPENSATION AND LIEN. 63(2) (N.Y.Sup.) Plaintiff's contract for commissions for obtaining foreign government contract for manufacture of cartridges, under which he was to be paid "in the event of such contract being accepted and executed" by defendants, did not entitle him to commissions unless contract with foreign government was not then unless defendant performed, and actually received money payable to it on performance.-Fuller v. Bradley Contracting Co., 170 N. Y. S. 320. Where, by agreement, broker's right to commissions for procuring contract is dependent upon his principal's receipt of profits or pro For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER CARNAL KNOWLEDGE. ceeds of such contract, such right to commis- CARPET. 67(2) (N.Y.Sup.) A party to an exchange, recognizing by offer that broker is acting for See Landlord and Tenant, 164, 168. other party, is liable for commissions as agreed, though the broker receives commissions from the other party.-John Reis Co. v. Post, 170 N. Y. S. 610. CARRIERS. See Commerce, 8; Insurance, 527. I. CONTROL AND REGULATION OF 77 (N.Y.Sup.) In order to enforce a lien for broker's commission on the sale of certain property, where the funds have come into the hands of a third person, plaintiff must show that he has an equitable lien thereon, and mere promise to pay out of a designated fund does 4 (N.Y.Sup.) It is not an essential charnot give such lien.-Battery Place Commercial Corp. v. Willis, 170 N. Y. S. 772. (A) In General. acteristic of a common carrier that it shal operate between definite termini, or sball follow a designated line of travel, or shall observe a specific schedule for making trips.Anderson v. Fidelity & Casualty Co. of New York, 170 N. Y. S. 431. V. ACTIONS FOR COMPENSATION. 86(1) (N.Y.Sup.) In broker's action for commissions in procuring from a foreign government a cartridge manufacturing contract, 12(4) (N.Y.) Under Public Service Comhis commissions being payable upon defendant's performance and receipt of payment under contract procured, evidence held not to sustain trial court's finding that defendant's failure to perform such contract was due to his act or default.-Fuller v. Bradley Contracting Co., 170 N. Y. S. 320. 86(1) (N.Y.Sup.) In action by plaintiff broker for commission, evidence held insufficient to show that 2 per cent. commission paid by defendant for procuring contract of purchase did not include services rendered in securing more favorable terms.-Harry Aronson, Inc., v. Reiss, 170 N. Y. S. 958. 86(4) (N.Y.Sup.) In an action to recover a broker's commissions on the sale of a sailing vessel, evidence held not to show that the broker was the procuring cause of the sale.--Arachtingi v. Tweedie, 170 N. Y. S. 1014. mission Law, §§ 2, 3, 5, and 49, the commission of the Second district has general jurisdiction to regulate equitably fares to be charged by street railways for transportation within the city of Rochester, even where the Legislature had fixed the maximum rate, as under Railroad Law, § 181, reserving power to change the same.-Quinby v. Public Service Commission of State of New York for Second Dist., 119 N. E. 433. The charter amendment Laws 1915, c. 359. § 7, fixing a maximum five cent fare in the city of Rochester, does not exclude the jurisdiction of a public service commission to adjust fares raising the maximum rate, if equitably required.-Id. Under Const. art. 3, § 18, providing for consent of property owners and local authorities to the construction and operation of street railroads, where such consent was based upon a stipulated maximum fare, the public service commission is without jurisdiction over the subject-matter of changing such rate, and the law does not attempt to give it such authority. --Id. II. CARRIAGE OF GOODS. (E) Delay in Transportation or Delivery. 105 (1) (N.Y.Sup.) Ordinary measure of general damage applicable to loss due to carrier's failure to deliver with reasonable dis patch is difference in market value between time of arrival and time when goods should have arrived.-Steinberg v. Erie R. Co., 170 N. Y. S. 893. General damage, through carrier's delay in delivering freight, cannot become special damage because of unusually great loss, due to short duration of season for sale or use of goods.-Id. Unusual loss to shipper of seasonal goods. such as straw hats, caused by carrier's delay in returning goods after refusal by consignee. does not create exception to ordinary or market value rule of damages; carrier being liable for difference in market value between time of arrival and time when goods should have arrived.-Id. 1133 (F) oss of or Injury to Goods. 123 (N.Y.Sup.) The proximate cause of loss of an interstate shipment through an unprecedented flood after arrival at destination was an act of God, within the contract relieving the carrier from liability therefor, though, had it not been negligent with respect to notice of arrival of the goods, they would have been removed.-Hadba v. Baltimore & O. R. Co., 170 N. Y. S. 769. (K) Discrimination and Overcharge. ed in deed left land subject to partition, and sale thereunder should not be subject to burial place easement.-Id. 15 (N.Y.Sup.) Holder of deed of cemetery lot, however strong may be wording of grant, even with habendum using terms of inheritance, acquires only privilege or license, exclusive of others, to make interments in lot purchased, so long only as lot remains cemetery.-Clarke v. Keating, 170 N. Y. S. 187. CERTIFICATE. See Corporations, 99; Notaries, 9; Receivers, 117-128. 202 (N.Y.Sup.) Where plaintiff, suing for so-called loading charges, did not claim any fraudulent concealment by defendant that such an allowance was granted to shippers, it was immaterial when plaintiff discovered that no such allowance had been made.-Cuneo Importing Co. v. New York Cent. R. Co., 170 N. Y. S. See Criminal Law, 1011-1159; Taxation, 940. IV. CARRIAGE OF PASSENGERS. (B) Fares, Tickets, and Special Contracts, 496. CERTIORARI. CHAMPERTY AND MAINTENANCE. 7(2) (N.Y.Sup.) To avoid a deed under Real Property Law, § 260, in force prior to 1909 (Laws 1896, c. 547), the adverse possession must be under a claim of some specified title, not necessarily a good title, but still a paper title, as distinguished from a general assertion of ownership.-People v. Ladew, 170 N. Y. S. 196. 261 (N.Y.Sup.) Where purchaser of tickets, unable to use them, took matter up with defendant's chief clerk, who said he was manager, and who promised to return money, although tickets were not produced, held, plaintiff could not recover, in view of express stipulation of contract that no one but general passenger agent had authority to modify contract, which expressly provided that ticket should7 (5) (N.Y.Sup.) Real Property Law, § 260, as amended in 1910 (Laws 1910, c. 628), is Netherlandsretroactive, and permits state to try titles in its own name, rather than in the name of its grantor, as permitted by Code Civ. Proc. § 1501.-People v. Ladew, 170 N. Y. S. 196. CHANCERY. be surrendered.-Kirschner v. (D) Personal Injuries. ~307(2) (N.Y.) An agreement, in consideration of receiving reduced fare, to exempt a carrier from liability for damages caused by negligence, is valid and binding.-Anderson v. Erie R. Co., 119 N. E. 557, 223 N. Y. 277. 320 (9) (N.Y.Sup.) In action for injuries to passenger in attempting to board car, which started on signal rung by one other than conductor, case held for jury, under evidence, as to conductor's negligence.-Haynes v. Elmira Water, Light & R. Co., 170 N. Y. S. 369. (G) Passengers' Effects. 3972 (N.Y.Sup.) Upon obtaining by common carrier of exclusive possession of a passenger's baggage, it becomes insurer thereof, and neither negligence or contributory negligence are considered.-Hessler v. Detroit & C. Nav. Co., 170 N. Y. S. 513. CAUSA MORTIS. See Gifts, 53, 82. CEMETERIES. See Equity. 14 (N.Y.Sup.) Abandonment of cemetery See Pledges. does not follow from mere disuse and omitting to make new interments therein, but courts regard necessities and welfare of all generations that are to follow.-Clarke v. Keating, 170 N. See Fraud. Y. S. 187. Removal of bodies from private burial place to which appurtenant right of way was reserv CHEAT. See Banks and Banking, 138. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER |