(196 N.Y.S,)

Henry WOODHOUSE, Applt., v. NEWpreme Court, Appellate Division, First DepartYORK EVENING POST, Inc., et al., Respts. ment. October 13, 1922.) Motion to dismiss (Supreme Court, Appellate Division, First De- appeal granted, with $10 costs. Order filed. partment. October 13, 1922.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. See, also, 201 App. Div. 9, 193 N. Y. Supp. 705.

Celestia WRIGHT, as Adm'x, etc., Respt., v. UNION TRANSPORT CO., Inc., and another, Applts. (Supreme Court, Appellate Division, First Department. November 3, 1922.) Judgment and order affirmed, with costs. No opinion. Order filed.

MAX WULFSOHN et al., respondents, v. RUSSIAN SOCIALIST FEDERATED SOVIET REPUBLIC, appellant. (Supreme Court, Appellate Division, Second Department. October 13, 1922.) Motion for leave to appeal to the Court of Appeals granted, and question certified as follows: Can the defendant, which has not been recognized as a sovereign state by the United States government, be sued in the courts of this state as a foreign corporation?

Augustus YACKETT, as administrator of the goods, chattels, and credits which were of Michael Yackett, deceased, respondent, v. DUNBAR & SULLIVAN DREDGING CO., appellant. (Supreme Court, Appellate Division, Third Department. November 15, 1922.) der unanimously affirmed, with $10 costs and disbursements, upon the authority of Norman v. Merritt & Chapman Derrick & Wrecking Co., 200 App. Div. 360, 193 N. Y. Supp. 195.

Or

William H. W. YOUNGS v. Walter G. HERBERT, as ancillary Adm'r, etc., impld., etc. (Supreme Court, Appellate Division, First Department. October 13, 1922.) Motion denied, with $10 costs. Order filed.

In the matter of the claim of Michael ZEIGLER for compensation under the Workmen's Compensation Law v. GENERAL ELECTRIC Max WULFSOHN et al., Applts., v. RUS- COMPANY, appellant. (Supreme Court, ApSIAN SOCIALIST FEDERATED SOVIET pellate Division, Third Department. SeptemOF RUSSIA, Respt. (Supreme Court, Ap-ber 27, 1922.) Award unanimously affirmed, pellate Division, Second Department. October with costs in favor of the State Industrial 27, 1922.) Judgment affirmed, with costs. Board. No opinion. Order filed. See, also, 118 Misc. Rep. 28, 192 N. Y. Supp. 282; 202 App. Div. 421, 195 N. Y. Supp. 472.

W. & W. DRESS CO., Inc., v. MASSACHUSETTS BONDING & INSURANCE CO. (Su

Samuel ZIPPERT, respondent, v. NELLIE REALTY CORPORATION et al., appellants. (Supreme Court, Appellate Division, Second Department. October 6, 1922.) Application denied, with $10 costs.

END OF CASES IN VOL. 196

It Supplements the Decennial Digests, the Key-Number Series and
Prior Reporter Volume Index-Digests

ABATEMENT AND REVIVAL.

II. ANOTHER ACTION PENDING.

9 (N.Y.Sup.) Motion to dismiss because of
pendency of prior action against only one of
the defendants properly denied.-Brown v. Lo
Grasso, 349.

IV.

TRANSFER OR DEVOLUTION
TITLE, RIGHT, INTEREST, OR

LIABILITY.

53(3) (N.Y.Sup.) In action on agreement
to pay interest on notes to third person, con-
tention that interest could not be separated
from note after maturity held without merit.-
Read v. Morford, 433.

ADJOINING LANDOWNERS.
OF See Boundaries; Party Walls.
ADMINISTRATION.

41 (N.Y.Sup.) Plaintiff held not to have See Executors and Administrators.
parted with such interest as to lose right to re-
lief.-Phillips v. West Rockaway Land Co., 723.

ADMIRALTY.

V. DEATH OF PARTY AND REVIVAL OF See Seamen; Shipping; Towage.

ACTION.

(B) Continuance or Revival of Action.

74(1) (N.Y.Sup.) Revival and continuance
in name of representative not defeated by lapse
of time.-De Witt v. New York Cent. R. Co.,
870.

ACCORD AND SATISFACTION.

See Compromise and Settlement.

(1) (N.Y.Sup.) Requires agreement, but
it may be implied from the facts.-Milford Spín-
ning & Weaving Corporation of New Hamp-
shire v. Manowitz, 611.

1. JURISDICTION.

20 (N.Y.Sup.) Diver doing subaqueous
work on bottom of navigable river held "sea-
man" engaged in maritime employment.-De
Gaetano v. Merritt & Chapman Derrick &
Wrecking Co., 573.

ADOPTION.

(N.Y.Sup.) Child may be legally adopted
only by virtue of statute.-Barrett v. Miner,
175.
ADVERSE POSSESSION.

I. NATURE AND REQUISITES.

25(2) (N.Y.Sup.) Defense held strictly
one of payment, rather than accord and sat- (F) Hostile Character of Possession.
isfaction. Milford Spinning & Weaving Cor-60 (5) (N.Y.) Company occupying streets
poration of New Hampshire v. Manowitz, 611. with city's consent cannot acquire title by pre-
26 (3) (N.Y.Sup.) Jury findings against de- scription.-City of New York v. New York
fenses held contrary to weight of evidence. Cent. R. Co., 234 N. Y. 113, 136 N. E. 311.
Milford Spinning & Weaving Corporation of
New Hampshire v. Manowitz, 611.

27 (N.Y.Sup.) Question of actual agree-
ment to accept less than amount due because
of counterclaim held a question of fact.-Mil-
ford Spinning & Weaving Corporation of New
Hampshire v. Manowitz, 611.

ACTION.

AFFIDAVITS.

8 (N.Y.Sup.) Omission of venue not fatal,
if otherwise shown. In re McCarthy, 265.
Name of county following signature held to
cure omission of venue.-Id.

AGENCY.

See Abatement and Revival; Dismissal and See Principal and Agent.

Nonsuit.

I. GROUNDS AND CONDITIONS PRE-

CEDENT.

92 [New, vol. 16A Key-No. Series]
(N.Y.Sup.) Statute suspending remedy
applicable only to relation of landlord and ten-
ant.-Longo v. Sparano, 344.

III. JOINDER, SPLITTING, CONSOLIDA-
TION, AND SEVERANCE.

50(9) (N.Y.Sup.) Causes of action against
a partnership may be joined prima facie not-
withstanding changes in membership.-Brokaw
v. Lage, 531.

196 N.Y.S.-65

AMBASSADORS AND CONSULS.

C3 (N.Y.Sup.) "Consul," whose exequatur
has been revoked, not entitled to immunity
against proceedings in state court.-Savic v.
City of New York, 442.

Immunity against state court proceedings
granted as matter of policy, and not because
of treaty.-Id.

Under international law, consuls have no im-
munity from civil or criminal process.-Id.

8 (N.Y.Sup.) Foreign vice consul may give
notice and file claim under Workmen's Com-
pensation Law.-Hunko v. Buffalo Crushed
Stone Co., 569.

(1)

196 NEW YORK SUPPLEMENT

For review of rulings in particular actions or 1151(I) (N.Y.Sup.) Judgment cannot be proceedings, see also the various specific top-modified, where there is no evidence of proper ics.

VII. REQUISITES AND PROCEEDINGS FOR TRANSFER OF CAUSE. (A) Time of Taking Proceedings. 348(1) (N.Y.Sup.) Party entering judgment thereby starts the running of time for 1170(7) (N.Y.Sup.) Admission of inadmishis appeal.-Naftal v. Jarvis, 450.

(J) Decisions of Intermediate Courts. 1091(4) (N.Y.) Reversal regarded as made 209 (4) (N.Y.Sup.) Failure to begin pubon the law. New York Dock Co. v. Flinn-lication within 30 days after granting of attachO'Rourke Co., 234 N. Y. 126, 136 N. E. 315. ment held fatal.-Bakalas v. Moscahlades, 682.

INDEX-DIGEST

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

ATTORNEY AND CLIENT.

See Criminal Law, 722; Trial, 125-
133.

I. THE OFFICE OF ATTORNEY.
(C) Suspension and Disbarment.

58 (N.Y.Sup.) Attorney suspended for six
months for conversion of client's money.-In
re Menzel, 834.

III. DUTIES AND LIABILITIES OF AT-
TORNEY TO CLIENT.

106 (N.Y.Sup.) Lawyer giving free advice
held to same standard as when he obtains pay.
-Grudberg v. Midvale Realty Co., 760.

126(1) (N.Y.Sup.) Exorbitant fee paid
held recoverable by client in summary pro-
ceedings. In re Bucken, 769.

BANKS AND BANKING.

Bastards

III. FUNCTIONS AND DEALINGS.
(D) Collections.

171 (2) (N.Y.Sup.) Defendant, undertaking
to present draft for acceptance, must give no-
tice in case of nonacceptance.-J. A. Van Brunt
& Co. v. Guaranty Trust Co., 779.
of contract 175(5) (N.Y.Sup.) In action for delay in
notifying seller of nonacceptance of purchase-
money draft, damages based on loss in market
value of goods caused by delay.-J. A. Van
Brunt & Co. v. Guaranty Trust Co., 779.

126(2) (N.Y.Sup.) Fairness
usually not tested in summary proceeding.-In
re Bucken, 769.

AUCTIONS AND AUCTIONEERS.

(N.Y.Sup.) Sale at auction as legitimate
as any other method of sale, as regards
power to regulate.-Robinson v. Wood, 209.
City held authorized to license and regulate
auctions, but not unreasonably or unfairly.
-Id.

2 (N.Y.Sup.) Prohibiting auctions in the
evening, for purpose of stifling competition,
not legitimate exercise of delegated power.
Robinson v. Wood, 209.

Ordinance prohibiting auctions, after sun-
down held unconstitutional.-Id.

AUTOMOBILES.

See Livery Stable and Garage Keepers.

BAILMENT.

mm 12
(N.Y.Sup.) Gratuitous bailee liable
only for loss through gross negligence.-St.
Paul Fire & Marine Ins. Co. v. E. H. Trice Mo-
tor Co., 684.

BANKRUPTCY.

1882 (N.Y.Sup.) Bank selling cable
transfer did not become a bailee or trustee.-
Safian v. Irving Nat. Bank, 141.
Purchaser of cable transfer, which was not
delivered, held entitled to amount paid.-Id.

1882 (N.Y.Sup.) Contract held not con-
summated by opening account for plaintiff in
defendant's Russian branch.-Sokoloff v. Na-
tional City Bank of New York, 364.

Agreement to open account in foreign branch
and pay amount through such branch held a
single contract made in New York.-Id.

Contract to open account in Russian branch
and pay amount in rubles not ordinary deposit.
-Id.

Under agreement to open account in foreign
branch where defendant did not maintain its
branch, payment became due when demand at-
tempted.—Id.

Impossibility of performance of contract to
pay depositor at foreign branch held not to
excuse performance unless created by law.-Id.
Seizure of property of bank's Russian branch

III. ASSIGNMENT, ADMINISTRATION, AND by revolutionists held not to excuse payment

DISTRIBUTION OF BANKRUPT'S
ESTATE.

(B) Assignment, and Title, Rights, and

promised through such branch.-Id.
Plaintiff entitled to recover consideration of
bank's agreement to
branch where revolutionists seized its proper-
foreign
pay through

ty.-Id.

Remedies of Trustee in General.
154 (N.Y.) Creditor may set off claim of Complaint held sufficient on theory of recov-
bankrupt by antecedent indebtedness.-Adding-ery of consideration paid for account with for-
ton v. Forsyth Metal Goods Co., 234 N. Y. 93,
136 N. E. 305.

165(1) (N.Y.) Lawful set-off not a prefer-315(3) (N.Y.Sup.) Trust
ence. Addington v. Forsyth Metal Goods Co., bound to inquire into terms of trust and pre-
234 N. Y. 93, 136 N. E. 305.
vent withdrawal of moneys in violation there-
of.-Clifford v. U. S. Trust Co. of New York,
392.

V. RIGHTS, REMEDIES, AND DISCHARGE

OF BANKRUPT.

BASTARDS.

I. ILLEGITIMACY IN GENERAL.

391(3) (N.Y.Sup.) Injunction against ac-
tions cannot be availed of by persons sued, who
deny their liability as members of the bankrupt 4 (N.Y.Sup.) Illegitimacy of child born in
partnership.-Brokaw v. Lage, 531.
wedlock must be proved beyond a reasonable