For insurance.
See INSURANCE.
For mutual aid.
See INSURANCE.
ATTORNEY AND CLIENT-Allowance to counsel assigned to defend
an alleged murderer - $500 may be allowed for compensation in addition to
personal and incidental expenses- a survey and diagram of the place of the
murder is a personal and incidental expense. MATTER OF MONFORT........ 567
See CRIME.
Alimony cannot be appropriated by the wife's attorney to the pay-
ment of disbursements. MATTER OF BOLLES..
See HUSBAND AND WIFE.
AWARD- Under an arbitration.
See ARBITRATION.
when liable to be sued as such and when liable
only as an individual — his liability for personal property held by his testator
as bailee thereof. MORAN v. MORRILL..
See EXECUTOR AND ADMINISTRATOR.
BANKING-Savings bank deposit in the names of a husband and wife,
either to draw" - when the wife does not obtain any title to the money.] 1.
Where a husband deposits moneys belonging to him individually in a sav-
ings bank in the joint names of himself and his wife, either to draw,"
without intending to give the money to his wife, and retains the bank book
in his custody, the wife acquires no title to the moneys so deposited, even
though she subsequently secures possession of the bank book without her
husband's consent. SLEE v. KINGS COUNTY SAVINGS INSTITUTION...........
2. Effect of an undelivered written statement by the husband that it
belonged to the wife.] A written statement, signed by the husband, in which
he promised that he would make no claim to the deposit and asserted that
it belonged exclusively to his wife, will not effect an assignment or a gift of
the fund, where it appears that the written statement was not delivered to
the wife, but that she took it from the husband's desk without his consent. Id.
3. Section 115 of the Banking Law more liberally construed than section
820 of the Code of Civil Procedure.] The discretionary power possessed by
the court to grant orders of interpleader should be more liberally exercised,
where the application is made under section 115 of the Banking Law (Laws
of 1892, chap. 689), which relates specially to savings banks, than where the
application is made under section 820 of the Code of Civil Procedure, which
relates to actions generally. MCGUIRE v. Auburn Savings BANK.............................. 22
BANKRUPTCY― Security for costs — when a defendant sued by a trustee
in bankruptcy may compel it as a matter of right—when it rests in the dis-
cretion of the court. KRONFELD V. LIEBMAN.
See COSTS.
- Creditor's suit
- it creates a specific lien-effect thereon of a dis-
charge in bankruptcy of the judgment debtor — lis pendens.
ARNOLD v. TREVIRAN US....
See FRAUDULENT CONVEYANCE.
BILLS AND NOTES - A promissory note and check sent to the holder of
a note for their aggregate amount, with a request that the debt be continued
for the amount of the new note-effect of the retention and collection of the
check by the creditor. KELLEY V. LAWRENCE BROTHERS...
.. 484
BOND - Civil service-confidential positions in the office of the register of
Kings county-the statutory authority to require a bond does not affect the
right to select the employees. PEOPLE EX REL. LETTS v. COLLIER......
See CIVIL SERVICE.
BOOK - Reading medical works before a jury.
BREWING CORPORATION Dissolution of.
BURDEN OF PROOF:
See EVIDENCE.
CALENDAR- New calendar for the Trial Term in New York city — what
excuse for a failure to put a cause thereon is insufficient to sustain an order
adding the cause to the calendar.] 1. Where the Appellate Division in the
first department directs the making of a new calendar of issues of fact for
the Trial Term, and, in accordance with a long-established custom, directs
that no cause upon the old calendar shall be placed upon the new calendar
unless a notice is filed with the clerk stating, among other things, that such
cause has not been disposed of or settled, a statement by the attorney for
the plaintiff in a cause which had been upon the old calendar, to the
effect that he had instructed one of his clerks to file a new note of issue and
that such clerk had neglected to do so, is not a sufficient excuse for the
failure to file the notice. HIX v. EDISON ELECTRIC LIGHT Co....
384
2. Equity calendar — when an action to restrain a ruisance and for
damages should be placed thereon — specific issues may be sent to a jury.] Sec-
tion 968 of the Code of Civil Procedure, providing that actions "for a
nuisance" shall be tried before a jury, applies solely to the common-law
"action for a nuisance," regulated by article 7 of title 1 of chapter 14 of
that Code, and not to an action brought in a court of equity to obtain a per-
petual injunction restraining the continuance of a private nuisance and
Incidentally to recover past damages therefor.
Such an action must, while the right to equitable relief remains intact, be
tried as an action in equity; specific issues arising therein may, however, be
sent to the jury for trial. MILLER v. EDISON ELECTRIC ILLUMINATING Co.. 390
CARRIER - By land.
See RAILROAD.
CATTARAUGUS INDIAN RESERVATION:
CERTIORARI-Police commissioners of New York city-return to a writ
of certiorari, after the expiration of their term of office, invalidating their
dismissal of a patrolman on grounds not appearing in their record.
PEOPLE EX REL. REGAN v. YORK.
See MUNICIPAL CORPORATION.
CHARGE- Upon real estate, when not created by a direction to pay debts.
See WILL.
CIVIL SERVICE - Confidential positions in the office of the register of Kings
county.] 1. The following persons employed in the office of the register of
the county of Kings occupy, by reason of the register's statutory liability
for the acts of his subordinates, confidential positions and cannot be placed in
the competitive class of the civil service list:
(1) A person who deposits daily the moneys received by the register's
office, answers the subpoenas duces tecum and collects the outstanding credit
accounts of the register;
(2) A person who has charge of the register's official seal, of all the papers
left for record and of all papers relating to proceedings for the opening of
streets and who, after the record of an instrument has been compared and
CIVIL SERVICE - Continued.
corrected, affixes the official seal to the instrument and then presents the
same to the register for his signature and certificate;
(3) A person who, with a fellow, verifies the work of recording each instru-
ment and then certifies the correctness of the record, in reliance upon which
certification the register's official seal and the certificate of record are affixed
to the instrument. PEOPLE EX REL. LETTS v. COLLIER....
The statutory authority to require a bond does not affect the right
to select the employees.] The provision of the statute authorizing the register
to require bonds from his subordinates is not a substitute for the exercise by
him of his personal judgment in the selection of such subordinates, but is a
measure for the protection of the register which is available to him in his
discretion. Id.
3. Mandamus to compel the commissioners to accept examination papers
prima facie proof of fraud throws the burden of explanation on the appli-
cant.] Where the civil service commissioners of the city of New York reject
a person's examination papers, and, in a mandamus proceeding to compel
them to accept such papers, establish prima facie that the relator's original
examination papers had been abstracted from the custody of the commission-
ers, and the ones which he sought to have accepted had been forgel and
fraudulently substituted in their place, it is incumbent upon the relator to
show that he was in nowise responsible for the fraud.
PEOPLE EX REL. WIELAND v. Knox........
Principal of an evening school in the borough of Brooklyn — what
reorganization by the board of education of the city of New York does not
justify his removal- bad faith need not be shown by him- presumption as
to competency to teach-remedy for incompetency- tenure of office under
section 1101 of the revised New York charter - teachers appointed prior to
chapter 466 of the Laws of 1901 covered by § 1101-the evening schools are
a part of the common school system- a statement of incompetency, when a
conclusion of law. MATTER OF CUSACK v. BOARD OF EDUCATION.
Application for reinstatement as principal of an evening high school
his right is not affected by his acceptance after his removal from the high
school of the position of principal of an evening elementary school.
MATTER OF O'LEARY v. BOARD OF EDUCATION..
See SCHOOL.
Written record of a city board required by law-how far conclusive —
police commissioners of New York city - return to a writ of certiorari, after
the expiration of their term of office, invalidating their dismissal of a patrol-
man on grounds not appearing in their record.
PEOPLE EX REL. REGAN v. YORK...
See MUNICIPAL CORPORATION.
Fire commissioner of New York city-he may, where a leave of
absence has been granted to the chief of the uniformed force, relieve him
from the command (notwithstanding his subsequent demand to return to
duty) during such period - such discretion is not reviewable.
See MUNICIPAL CORPORATION.
Member of the uniformed force of the New York street cleaning
department his right to receive wages, although arbitrarily prevented from
working-he must report for duty - waiver.
DRISCOLL v. CITY OF NEW YORK...
See MUNICIPAL CORPORATION.
Removal of the head of a bureau of the finance department of the
city of New York for failing to create a proper system of checks to prevent
embezzlement. PEOPLE EX REL. GILON v. COLER...
See MUNICIPAL CORPORATION.
Suspension of incumbents of positions in New York city for economic
- notice to the civil service commissioners and to the incumbents.
PEOPLE EX REL. LEVENSON v. WELLS.
See MUNICIPAL CORPORATION.
CIVIL SERVICE - Continued.
New York police force-retirement of a patrolman detailed to act as
a detective sergeant - he should be retired as a patrolman.
MATTER OF FAY v. PARTRIDGE
See MUNICIPAL CORPORATION.
School teacher in New York city-removable only after a trial -a
change of grade with a reduction of salary is a removal.
PEOPLE EX REL. CALLAHAN v. BD. OF EDUCATION.
See SCHOOL.
New York police force — chapter 466 of the Laws of 1901, changing
the tenure of a detective sergeant, is unconstitutional.
MATTER OF LAHEY . PARTRIDGE.
See MUNICIPAL CORPORATION.
CLAIM - Against a decedent's estate.
See EXECUTOR AND ADMINISTRATOR.
CODE OF CIVIL PROCEDURE — Chap. 14, tit. 1, art. 7— Equity calen-
dar ·when an action to restrain a nuisance and for damages should be placed
thereon-specific issues may be sent to a jury.
See MILLER v. EDISON ELECTRIC ILLUMINATING CO
$724-The year within which an order taken by mistake, etc., may be
set aside is doubled where notice of its entry is given by mail.
See ATKINSON v. ABRAHAM.....
$798-The year within which an order taken by mistake, etc., may be
set aside is doubled where notice of its entry is given by mail.
See ATKINSON v. ABRAHAM...
$820-Section 115 of the Banking Law more liberally construed than
section 820 of the Code of Civil Procedure.
See MCGUIRE v. AUBURN SAVINGS BANK....
$830-Evidence — testimony given on a former trial by a witness since
deceased-it is competent on a second trial, though the referee on the first trial
died before the case was submitted to him-testimony of a defendant on a former
trial read by the plaintiff — what other parts thereof the defendant may read.
§ 968-Equity calender — when an action to restrain a nuisance and
for damages should be placed thereon-specific issues may be sent to a jury.
See MILLER . EDISON ELECTRIC ILLUMINATING CO.....
970-Right to a jury trial in an action brought by a creditor to set
See MONTGOMERY v. BOYD....
aside a fraudulent convey ince by his debtor.
$999- Alternative mandamus -
-on the trial thereunder a motion for a
new trial on the minutes may be made.
See PEOPLE EX REL. WIELAND v. KNOX....
§ 1268 Creditor's suit- it creates a specific lien
discharge in bankruptcy of the judgment debtor - - lis pendens.
See ARNOLD v. TREVIRANUS..
§ 1310-Alimony pending an appeal to the Court of Appeals from a
judgment reversing a judgment in favor of the wife- -an application therefor is
not prevented by a stay on appeal · it is regarded as made before trial.
See DI LORENZO v. DI LORENZO.
$1769-Alimony pending an appeal to the Court of Appeals from a
judgment reversing a judgment in favor of the wife — an application therefor is
not prevented by a stay on appeal - it is regarded as made before trial.
See DI LORENZO v. DI LORENZO...
Corporation ac'ion by a director to compel his codirectors to
account for money paid to the corporation to be used for a specific purpose the
person paying the money is not a necessary party the corporation is not a
necessary party plaintiff, but where a receiver of its property is asked for, it
should be made a party defendant — a request to the corporation to sue is
CODE OF CIVIL PROCEDURE—Continued.
§ 1817- Effect of an appearance by one of two foreign executors.
See MONTGOMERY v. BOYD....
§ 2729, subd. 3. Funeral expenses-preference in payment from the
decedent's estate· ·liability of an administrator therefor― distribution of the
decedent's estate to creditors thereof before the passage of chapter 293 of the Laws
of 1901.
See MATTER OF KALBFLEISCH...
SS 3268, 3271 - Security for costs—when a defendant sued by a trustee
in bankruptcy may compel it as a matter of right when it rests in the discre-
tion of the court-a motion to vacate an order improperly made should not be
treated as an original application for the order.
See KRONFELD v. LIEBMAN...
[See table of sections of the Code of Civil Procedure cited, ante, in this
volume.]
CODE OF CRIMINAL PROCEDURE § 308-Allowance to counsel
assigned to defend an alleged murderer — $500 may be allowed for compensation
in addition to personal and incidental expenses-a survey and diagram of the
place of the murder is a personal and incidental expense.
[See table of sections of the Code of Criminal Procedure cited, ante, in this
volume.]
COLLATERAL INHERITANCE TAX:
COLLUSION - Between husband and wife to annul a marriage.
COMMISSION - To an employee of a firm upon its profits—how computed.
See MASTER AND SERVANT.
COMMON CARRIER:
See RAILROAD,
CONFLICT OF LAW - When a court of equity will assume jurisdiction
over a fund as against foreign executors, considered.
MONTGOMERY v. BOYD..........
CONSENT - To the construction of an elevated railroad.
CONSTITUTIONAL LAW-Sanitary Code-special permit to keep
poultry in New York city - the statutes validating the Sanitary Code are
not in violation of section 17 of article 3 of the Constitution.
See MUNICIPAL CORPORATION.
Labor Law the provision requiring municipalities to pay the "pre-
vailing rate for a day's work" is unconstitutional.
RYAN v. CITY OF NEW YORK....
See MUNICIPAL CORPORATION.
New York police force-chapter 466 of the Laws of 1901, changing
the tenure of a detective sergeant, is unconstitutional.
MATTER OF LAHEY . PARTRIDGE...
See MUNICIPAL CORPORATION.
[See table of sections of the New York State and United States Constitu-
tion cited, ante, in this volume.]
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