BANKRUPTCY. § 1. Petition, adjudication, warrant, and custody of property. A bankrupt firm cannot convey its property § 2. Assignment, administration, and A receiver in bankruptcy cannot transfer ti- Voluntary bankruptcy proceedings on the Pleading matter in avoidance, see "Pleading," 917. AWARD. A transfer of certain insurance policies to a Of insurance appraisers, see "Insurance," § 10. 60, subd. "a." 30 Stat. 562 [U. S. Comp. St. BAIL. § 1. In civil actions. Under Code Civ. Proc. § 599, a mere offer by 1901, p. 3445].-Engel v. Union Square Bank In order to establish a fraudulent preference bankrupt. That insufficient acts of sureties on a bail§ 3. Rights, remedies, and discharge of In an action against the sureties on a bail In an action on a bail bond for the sum of BAILMENT. See "Carriers," § 2; "Innkeepers"; "Pledges." Under Code Civ. Proc. § 1268, a discharged Under Bankr. Act July 1, 1898, § 17, c. 541, Order assigning future earnings and agree- Under Bankr. Act July 1, 1898, c. 541, §§ 1, and 121 New York State Reporter for the cancellation of a judgment against one discharged in bankruptcy should have been allowed.-Lent v. Farnsworth (Sup.) 1112. BANKS AND BANKING. Attachment of deposits, see "Attachment," § 1. Payment by check, see "Payment," § 1. BILLS AND NOTES. Operation and effect of usury laws, see "Tsury," § 1. 1. Requisites and validity. Liability on a note cannot be defeated on the ground that the services constituting the consideration therefor were rendered without any express request or promise to pay therefor, where it appears that the maker received and accepted the services, which were for his bene947. § 1. Banking corporations and associa-it-Yarwood v. Trusts & Guarantee Co. (Sup.) tions. Where a savings bank deposit is in joint names, and the intent appears to create a joint tenancy, the survivor takes title to the entire fund, irrespective of whether he ever had any possession of the pass book.-Farrelly v. Emi-475. grant Industrial Sav. Bank (Sup.) 54. BAR. 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. § for the check from the drawer.-Goetting v. Day (Sup.) 510. Of action by former adjudication, see "Judg. 95, held entitled to recover the amount paid ment," § 4. BASTARDS. 81. Illegitimacy in general. A child of a common-law marriage is, under Laws 1895, p. 313, c. 531, entitled to a distributive share of his mother's estate, equally with the children of the first marriage. In re Schmidt (Sur.) 428. BATTERY. See "Assault and Battery." BEQUESTS. See "Wills." BETTING. See "Gaming." BIAS. Of witness, see "Witnesses," § 3. BILL OF PARTICULARS. See "Pleading," § 5. Failure to serve as ground for reversal, see "Appeal," § 3. A judgment against a second accommodation indorser held not to estop the representatives of the first accommodation indorser, in a suit by the second, to claim nonliability by reason of the diversion of the note.-Corn v. Levy (Sup 768. 4. Actions. In an action on a check, facts held to establish prima facie a valid indorsement.-Goetting v. Day (Sup.) 510. A defense to an action by a second accommo dation indorser against the first that the note 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. Levy (Sup.) 768. Under Code Civ. Proc. § 522, a hypothetical clause preceding a defense alleged in an answer to a suit on a note held surplusage, and not to render such defense subject to demurrer.-Cor v. Levy (Sup.) 768. In an action on notes, evidence held suf cient to sustain a finding that indorsements were not genuine.-Doty v. Dellinger (Sup) 1001. BODY EXECUTION. See "Execution," § 2. show that she induced the purchaser to buy the A broker held not entitled to recover commis- An indorsement on a contract, signed by the Under defendants' contract to pay plaintiff a A broker, employed to procure a loan, does A real estate broker, having found a person In an action by broker to recover commis- he produced a purchaser ready, willing, etc., § 3. Rights, powers, and liabilities as to A broker, in good faith selling railway bonds, A broker, in good faith selling registered bonds BUILDING REGULATIONS. § 1. Duties and liabilities to principal. 2. Compensation and lien. Real estate brokers held entitled to recover BUILDINGS. Injuries to servants employed on, see "Master BURGLARY. A real estate broker held not entitled to re- and 121 New York State Reporter CANCELLATION OF INSTRUMENTS. | for transportation.-Strough v. New York Cent. & H. R. R. Co. (Sup.) 30. Cancellation of judgment against discharged Rescission of contract, see "Contracts," § 4; "Vendor and Purchaser," § 2. CARRIERS. § 1. Control and regulation of common carriers. Recovery of the penalty provided by Laws 1890, p. 1114, c. 565, § 104, for refusal to give a transfer "to any passenger desiring to make a continuous trip,' may be had by one riding for the purpose of recovering penalties.-McLean v. Interurban St. Ry. Co. (Sup.) 135. A railroad company, adopting the plan of sending its cars over a switch existing solely for the purpose of delivering freight to cars from shippers located on the switch, held required to serve all shippers alike.-Kellogg v. Sowerby (Sup.) 412. The right of owners of a grain elevator to recover money paid to an elevator association held not to prevent the owners from recovering damages against the association and railroad companies, because of the companies discriminating in favor of the association.-Kellogg v. Sowerby (Sup.) 412. Owners of a grain elevator held entitled to recover damages against railroad companies and an elevator association, because of the companies discriminating in favor of the association. Kellogg v. Sowerby (Sup.) 412. § 2. Carriage of goods. Shipper cannot recover increase of freight rates voluntarily paid, though carrier failed to give notice of increase required by Interstate Commerce Act Feb. 4, 1887, c. 104, § 6, 24 Stat. 380 [U. S. Comp. St. 1901, p. 3157].-Strough v. New York Cent. & H. R. R. Co. (Sup.) 30. In an action by a shipper to recover freight charges from a carrier, the court properly refused to submit to jury the issue of reasonableness of increased rates.-Strough v. New York Cent. & H. R. R. Co. (Sup.) 30. Whether a carrier unreasonably neglected to provide a sufficient number of cars to forward plaintiff's freight was a question for the jury. -Strough v. New York Cent. & H. R. R. Co. (Sup.) 30. In an action against connecting carriers for damage to goods, evidence held sufficient to justify 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 damage to goods, evidence, with complaint, held to absolve initial carrier from liability.-Thyll v. New York & L. B. R. Co. (Sup.) 345. Contract of carriage, limiting liability in certain 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 & L. B. R. Co. (Sup.) 345. Where a carrier, though having the consignee's goods in its possession at the point of delivery, refuses to deliver on demand, it redders itself liable for any damage which the goods might thereafter sustain.-Thyll v. New York & L. B. R. Co. (Sup.) 345. That freight was destroyed by fire while in the freight house of a railroad company does not of itself justify an inference of negligence on the part of the company.-Van Akin v. Erie R. Co. (Sup.) 871. Exemption in bill of lading from liability for loss by fire held to prevent recovery for destruetion in freight house of railroad.-Van Akin v. Erie R. Co. (Sup.) 871. 3. Carriage of passengers. Street car passenger, refusing to pay fare, held to have no cause of action against company for forcible ejection.-Hoelljes v. Interurban St. Ry. Co. (Sup.) 133. An elevated railroad company held liable for injury to a passenger by the overcrowding of a car. Viemeister v. Brooklyn Heights R. Co. (Sup.) 162. A conductor, who has no notice that a passenger intends to leave the car, cannot properly The fact that one has large quantity of goods be charged with negligence in starting the car. for transportation, or has been unable to ob--Brown v. Interurban St. Ry. Co. (Sup.) 461. tain cars before increased freight rate went into effect, held not to relieve him from such increase. Strough v. New York Cent. & H. R. R. Co. (Sup.) 30. A discrimination excepting a shipper from a general increase of freight tariff is against public policy. Strough v. New York Cent. & H. R. R. Co. (Sup.) 30. A street car conductor held bound to take Dotice of the distance between the car and pillars in the street, and the size of a passenger standing on the car's running board.-Canavan v. In terurban St. Ry. Co. (Sup.) 491. anticipate that a passenger, standing on the A street railroad company held not bound to running board of an open car, will swing back, Carrier owes duty to use reasonable diligence so as to come in contact with a pillar in the to furnish sufficient cars, but not to discrim-street.-Canavan v. Interurban St. Ry. Co. inate in favor of any shipper, when demands (Sup.) 491. are unusual. Strough v. New York Cent. & H. R. R. Co. (Sup.) 30. Hay not being perishable merchandise, a carrier is not called upon to put forth unusual efforts to remove the same, when delivered to it Contributory negligence of passenger and neg ligence of defendant, in action against street railroad for personal injuries, held, under the evidence, to be questions for the jury.-Michelson v. Metropolitan St. Ry. Co. (Sup.) 501. Instruction, in action by street car passenger CERTIFIED CHECKS. Goodkind v. Metropolitan St. Ry. Co. (Sup.) See "Banks and Banking,” § 2. 523. Evidence in an action for injuries to passen- In an action against a street railway for in- Under doctrine of res ipsa loquitur, street Of civil action, see "Venue," § 1. In action against street railway company 864. Motorman, using switch in other than the Street car company, whose car collided with A street railway company is bound to use The maintenance of a stepping box, instead See "Animals." CATTLE. CAUSA MORTIS. See "Gifts," § 2. CAUSE OF ACTION. See "Action." CERTIFICATE. Of architect as to completion of contract, see CHARGE. To jury in civil actions, see "Trial," § 6. CHARITIES. Taxation of charitable corporation, see "Taxa- 8 1. Creation, existence, and validity. CHATTEL MORTGAGES. See "Pledges." § 1. Foreclosure. An agreement held not to authorize a first mort- In an action against an auctioneer, on an In an action on an agreement giving plaintiff On the issue as to the amount of plaintiff's See "Fraud." CHEA1. |