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4 Erie Cnty. B. Bull. 1 (1936-1937)

handle is hein.baecl/ericoubarb0004 and id is 1 raw text is: Vol. IV, No. 1-Page 1 October 20, 1936 FOURTH YEAR Decisions and legislation of interest and im- portance to the Bar will continue to be digest- ed in the BULLETIN. This year's-Vol. 4-will be edited by Philip Halpern, Chairman, and Gilbert J. Pedersen, his assistant and the fol- lowing staff, their respective fields being set opposite their names: Carlos C. Alden ............Practice and Evidence Adrian Block .....................Bankruptcy Michael Catalano .........Legislation George Clinton, Jr.......Constitutional Law Emil L. Cohen ..................Domestic Relations Charles R. Diebold ......Landlord and Tenant Manly Fleischmann .......Negligence Joseph W. French .........Decedents Estates John Marshall Gorinan Corporations John 0. Henderson.........Mortgages Charles H. Kendall.........Insurance William K. Laidlaw.....Contracts David L. Landy ...............Boards and Commissions David E. MacEllven......Real Property William J. O'Connor......Taxation Arthur E. Otten ...............Federal Courts and Legislation Charles W ick .......................Crimes In addition to the above, Carlton Townsend, Reid S. Moule, George W. Wanamaker and Isador Setel have consented to cover special as- signments during the year. OPINIONS SOLICITED The staff in undertaking to cover the field of law, needless to say, encounters limitations. Opinions, advance services, legal periodicals suf- fice to a degree as source material. However, journalistic legal scoops by the BULLETIN, of distinct advantage to readers interested in new developments, are desired. Then, too, many unreported decisions of distinct value to the Bar find their way to an undeserved oblivion. For these reasons if counsel will send to Erie County Bar Association Headquarters, County Hall, Buf- falo, N. Y. copies of all decisions of interest in cases in which they have participated, an ex- change system of mutual benefit can be effected through the columns of the BULLETIN. This plea will be repeated in subsequent necessary; it is hoped, however, that will voluntarily contribute generously. issues, if attorneys INDEX With the December issue of the BULLETIN will appear an index covering all the opinions and legislative acts summarized during the past three years in its pages. This index, consisting of a classification according to topics and an al- phabetical list of cases digested, is in the process of preparation by Michael Catalano, a member of the Staff. MORTGAGES ACTION ON BOND AND FOR INTEREST AND TAXES WHERE PRINCIPAL DUE. - On October 9th, the Appellate Division, Fourth Dept., handed down a decision sustaining the court of original jurisdiction which had held that in an action on a bond secured by a mortgage to recover the principal sum which was past due, together with unpaid taxes and interest, all these obligations are in essence one and originated simultaneously with the mortgage and are solely secured thereby within the meaning of Sec. 1083-b C. P. A. (Rochester Trust & Safe Deposit Co. v. Rodney Hatch, et al). Prior to this decision and in reliance on the case of Johnson v. Meyer, 242 A. D. 798, affd. 268 N. Y. 701, (Bulletin, Vol. III, Page 1), it was felt that a mortgagee could recover a per- sonal judgment against those liable for the debt for taxes advanced by the mortgagee and for interest in arrears, it being felt that the right to set-off the fair market value of the premises un- der Sec. 1083-b related only to a suit for the principal sum of the bond. In Johnson v. Meyer, it did not appear whether or not the principal sum of the bond was due by its terms. Lawyers are now concerned, as to the question of whether or not the mortgagee, if he brings an action to recover for taxes advanced and in- terest in arrears only, while the principal sum of the bond is due by its terms, would not waive his future right to recover the principal on the ground that the debt, including taxes, interest Vol. IV, No. 1-Pag 1 October 20, 1936 Erte (Ilunty Var Bllttai

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