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plaintiff, was forged by defendant.-Seiferd v. 1
18 1. Petition, adjudication, warrant,
and custody of property.
In an action by a trustee in bankruptcy to
recover the proceeds of an execution sale on
defendant's judgment obtained against bank-
| rupt less than four months before the filing of
the petition in bankruptcy, held, that adjudica-
A bankrupt firm cannot convey its property
after the filing of the petition in bankruptcy.
-Muschel v. Austern (Sup.) 235.
§ 2. Assignment, administration, and
distribution of bankrupt's estate.
1898, c. 541, $ 60b, 30 Stat. 562 [U. S. Comp.
St. 1901, p. 3145], should be one in equity for
an accounting.-Houghton v. Stiner (Sup.) 10.
A receiver in bankruptcy cannot transfer ti-
tle to any of the bankrupt's property without
order of the court.-Muschel y. Austern (Sup.)
part of building contractors, prior to lien being
filed for material furnished to them, do not af-
fect the right of materialmen to file and en-
force their lien.-Crane Co. v. Smythe (Sup.)
A transfer of certain insurance policies to a
bank after a loss thereunder had been adjusted
Bankr. Act July 1, 1898, c. 541, 8
1901, p. 3445].-Engel v. Union Square Bank
In order to establish a fraudulent preference
ferred creditor actually received as a result of
out of that payable to the other creditors.-
Engel v. Union Square Bank (Sup.) 1070.
gainst them for the amount of the bond.- judginent against him.-Hussey v. Judson (Sup.)
was not perpetrated while acting as an officer
or in any fiduciary capacity.-A. G. Hyde &
Sons v. Lesser (Sup.) 878.
Order assigning future earnings and agree-
ment to collect hold' to render failure to pay
acting in fiduciary capacity, within Bankr. Act
July 1, 1898, c. 541, $ 17, subd. 4, 30 Stat. 551
ITU. S. Comp. St. 1901, p. 3428).-J. L. Mott
Iron Works v. Toumey (Sup.) 1020.
and 121 New York State Reporter
BILLS AND NOTES.
ry," $ 1.
$. Requisites and validity.
Liability on a note cannot be defeated on the
sideration therefor were rendered without any
where it appears that the maker received and
accepted the services, which were for his bene
fit.-Yarwood v. Trusts & Guarantee Co. (Sup..
§ 2. Construction and operation.
Where a note is payable in the city of New
ment or transfer.
Defenses, available as between original par
Holder of a check, indorsed to him in due
course, and without actual knowledge of any
defenses thereto, as required by Negotiable
Instruments Law, Laws 1897, p. 732, c. 612, $
95, held entitled to recover the amount paid
for the check from the drawer.-Goetting T.
Day (Sup.) 510.
A judgment against a second accommodation
indorser held not to estop the representatires of
the first accommodation indorser, in a suit by
the second, to claim nonliability by reason of
In an action on a check, facts held to establish
prima facie a valid indorsement.-Goetting F.
Day (Sup.) 510.
A defense to an action by a second accommo-
dation indorser against the first that the Date
had been diverted, and was not indorsed to give
credit to a maker with the payee, held not de
murrable for failure to allege when the second
indorser acquired knowledge of such diversion.
--Corn v. Lery (Sup.) 768.
Under Code Cir. Proc. $ 522, a hypothetical
cla use preceding a defense alleged in an answer
v. Levy (Sup.) 768.
In an action on notes, evidence held suffi-
See “Esecution,” s 2.
BILL OF PARTICULARS.
BONA FIDE PURCHASERS. show that she induced the purchaser to buy the
| property.-Scherer v. Colwell (Sup.) 490.
A broker held not entitled to recover commis-
sions for procuring customers for the sale of real
estate, in the absence of proof of written au-
thority to offer the property for sale.-Borgio v.
parties, held proof that there was no previous
biuding agreement as to the amount due plain-
tiff on the contract.-Hart v. L. D. Garrett Co.
Under defendants' contract to pay plaintiff a
share of any profits they should realize from a
could not recover till defendants' receipt there-
Garrett Co. (Sup.) 574.
A broker, employed to procure a loan, does
not earn his commission by securing a person
fuses to consummate the transaction. -Ashfield
v. Oase (Sup.) 649.
· A real estate broker, having found a person
ready and willing to make an exchange accord-
ing to the terms of the broker's employment,
earned his commissions, though his principal re-
fused to complete the exchange.-Suydam v.
Healy (Sup.) 669.
In an action by broker to recover commis.
dence held not to show any liability on the part
A broker held entitled to commissions, where
he produced a purchaser ready, willing, etc.,
of a defect in title.-Cusack v. Aikman (Sup.)
$ 3. Rights, powers, and liabilities as to
pelled to replace the bonds.-Jennie Clarkson
lIome for Children v. Chesapeake & O. Ry. Co.
A broker, in good faith selling registered bonds
belonging to a corporation, transferred under a
forged authority, held liable to the corporation
for the value of the bonds.-Jennie Clarkson
Home for Children v. Chesapeake & 0. Ry, Co.
Failure of stockbrokers' client to reply to let-
Injuries to servants employed on, see “Master
and 121 New York State Reporter
& H. R. R. Co. (Sup.) 30.
provide a sufficient number of cars to forward
of notice of lis pendens, see "Lis plaintiff's freight was a question for the jury.
-Strough v. New York Cent. & H. R. R. Co.
In an action against connecting carriers for
damage to goods, evidence held sufficient to jus-
tify a finding of negligence on the part of the
final carrier. -Thyll v. New York & L. B. R.
Co. (Sup.) 345.
In an action against connecting carrier for
Contract of carriage, limiting liability in cer-
tain cases, held not to relieve carrier from liabil-
ity for negligence, but to impose on owner of
goods the burden of proof.-Thyll v. New York
Where a carrier, though having the COD-
signee's goods in its possession at the point of
delivery, refuses to deliver on demand, it red-
ders itself liable for any damage which the
'goods might thereafter sustain.-Thyll y. Ver
York & L. B. R. Co. (Sup.) 345.
on the part of the company.-Van Akin v. Erie
63. Carriage of passengers.
1 Street car passenger, refusing to pay fare,
ailed to held to have no cause of action against company
at: St. Ry. Co. (Sup.) 133.
injury to a passenger by the overcrowding of a
car.-Viemeister V. Brooklyn Heights R. Co.
senger intends to leave the car, cannot properly
be charged with negligence in starting the car.
---Brown v. Interurban St. Ry. Co. (Sup.) 461.
ing on the car's running board.-Canavan v. In-
A street railroad company held not bound to
anticipate that a passenger, standing on the
running board of an open car, will swing bark.
Contributory negligence of passenger and nego
ligence of defendant, in action against street
CHANGE OF VENUE.
Instruction, in action by street car passenger
In See “Banks and Banking,” 8 2.
Evidence in an action for injuries to passen-
ů Vork" Cent & Review of dismissal from police force, see "Mu-
nicipal Corporations," $ 1.
Review of tax assessment, see "Taxation," $ 2.
Under doctrine of res ipsa loquitur, street Of civil action, see “Venue,” & 1.
In action against street railway company to jury in civil actions. see "Trial." 8 6.
Law," 8 4.
Taxation of charitable corporation, see "Taxa-
as to legatee.-Bowman v. Domestic & Foreign
Missionary Soc. of Protestant Episcopal Church
property sold at foreclosure of a second mort-
gage.-Blumberg v. Marks (Sup.) 512.
assengers to board and alight from agreement giving plaintiff, by virtue of his
ant.-Blumberg v. Marks (Sup.) 514.
In an action on an agreemeut giving plaintiff
the right to the proceeds of a sale under a
mortgage foreclosure, on the issue as to the
amount of the proceeds realized by the auc-
tioneer on the sale, evidence held to show that
$391 was realized, and not a sum over $712.40,
as claimed by plaintiff.-Blumberg v. Marks.
On the issue as to the amount of plaintiff's
interest in the proceeds of a sale of personalty
by virtue of his mortgage on the property sold,
evidence held to fail to show that his interest
berg v. Marks (Sup.) 514.