About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 Erie Cnty. B. Bull. 1 (1935-1936)

handle is hein.baecl/ericoubarb0003 and id is 1 raw text is: Vol. 111-Page 1 November 8, 1935 ANNOUNCEMENTS Under the guidance of an enlarged and en- thusiastic Committee the Bulletin begins its third year with this issue. Cooperating with Philip Halpern, Chairman, and Charles Kendall, Assistant to the Chairman, are the following members, whose fields of responsibility are in- dicated: Arthur J. Adler-Legislation. Carlos C. Alden-Practice and Evidence. Adrian Block-Bankruptcy. George Clinton-Constitutional Law. Emil L. Cohen-Domestic Relations. Manly Fleischmann-Negligence. John 0. Henderson-Mortgages. Charles H. Kendall-Insurance. William K. Laidlaw-Commercial Subjects. Joseph W. French-Decedent Estates. William I. Morey, Jr.-Corporations. William J. O'Connor-Taxation. Arthur E. Otten-Federal Courts and Legis- lation. Gilbert J. Pedersen-Civil Service. Isadore Setel-Real Property. Charles Wick-Criminal Law. JUDICIAL COUNCIL HEARING The Judicial Council will hold a public hear- ing at Buffalo on November 30th. The entire Council is to be present, headed by Chief Judge Crane. All members of the Bar of Western New York will be invited to the sessions. It is expected that the program, details of which will be announced, will include discussions of the liberalization of examination before trial, the abolition of findings of fact and conclusions of law as part of the decision of a court sitting without a jury, the state of the Bar, and the jury system with special regard to exemptions, ex- amination by the court of prospective jurors in criminal cases and women jurors. MORTGAGES The two cases reported below are of particular signifi- cance in this field, and suggest a leaning towards strict construction of emergency statutes. MORTGAGEE MAY RECOVER PERSONAL JUDGMENT ON BOND FOR INTEREST AND TAXES DESPITE MORTGAGE MORA- TORIUM LAWS. In Johnson vs. Meyer, 242 A. D. 798, the Appellate Division of the Second Department said: Sections 1077-a, 1077-b and 1083-b of the Civil Practice Act do not prevent the plaintiffs from bringing suit for interest ac- crued on the mortgage and for taxes they have paid on the property at the request of the mort- gagor. The judgment was affirmed by the Court of Appeals without opinion on Oct. 22, 1935. ACTION' ON SECOND MORTGAGE BOND NOT AFFECTED BY MORTGAGE MORA- TORIUM LAW AFTER FORECLOSURE OF FIRST MORTGAGE. Wittwer, Executrix, vs. Syracuse Trust Co. decides that a junior mort- gagee, the lien of whose mortgage has been cut off by the foreclosure of a superior mortgage upon the property, is not subject to Section 1083-b of the Civil Practice Act in an action brought to collect from his debtor upon the bond. The defendant in such a case is ap- parently not entitled to set off the fair and rea- sonable market value of the mortgaged property. The judgment of the Appellate Division, 4th Dept., was affirmed by the Court of Appeals on October 22, 1935. NEGLIGENCE MEMBERS OF PARTNERSHIP NOT LIA- BLE TO PARTNER'S WIFE INJURED BY REASON OF THE NEGLIGENCE OF HER HUSBAND WHILE ENGAGED IN PARTNERSHIP BUSINESS. This is the holding of the Court of Appeals in the case of Caplan vs. Caplan, decided October 1, 1935 in which the court refused to apply to a partnership, the hold- ing of Schubert vs. Schubert Wagon Co., 249 N. Y. 253 as to a corporation. The court's con- clusion is based upon the provisions of Sec. 24 Vol. III-Page 1 November 8, 1935 Erit (Eauntyj Bar Bulletin

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most