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4 Livingston's Monthly L. Mag. 1 (1856)

handle is hein.journals/livmlm4 and id is 1 raw text is: LIVINGSTON'S MONTHLY LAW MAGAZINE. VoL. IV. JANUARY, 1S56. No. I. CONTENTS FOR JANUARY, 1856. No. I. VOL. IV. ACCOUNTS: Notice as to-Treatise on Rights, Duties, and When copy of, from books not evidence. 62. Liabilities of. 6. ACTION-RIGHT OF: COMPANY: The declaration stated that the defendant Where the directors of a company, by fraud- had falsely and maliciously procured the ulent representations, induce persons to plaintiff to be adjudged a bankrupt. The pay deposits, a director who was not in adjudication of bankruptcy had been made office when the frauds were committed, but on an affidavit by the defendant, contain- continues in office after he was or might ing statements which were not true in fact. have been aware of the frauds, is liable to The adjudication was subsequently an- the depositors. 83. nulled, on the ground that the affidavit did Two of the shareholders in a company, who show that an act of bankruptcy had been have been induced by fraud to pay deposits, committed: Held, that the action was may proceed, on that account, on behalf of maintainable, although the affidavit did themselves and the other shareholders, not show an act of bankruptcy committed, against the directors. 83. and the commissioners had committed an COPYRIGHT: error in adjudicating the plaintiff to be a In order to give the proprietor of a periodical bankrupt. 90. a copyright in articles composed for him ATTORNEYS AND SOLICITORS: by others, and paid for by him, under the Treatise on the Rights, Duties, and Liabili- 18th section of the Copyright Act, it is not ties of. 9. necessary that there should be an express Prefatory remarks to Treatise on. 8. contract that he should have the property General Index to Treatise on. 3. in the copyright. 85. New list of, in U. S. (and see 2d page cover). 7. Therefore, where the proprietors of a period- ATTACHMENT: ical containing law reports agreed to pay Where defendant left the State of New York, the reporters so much per sheet, and no and remained in Hudson, Wisconsin. nealy mention was made as to the proprietorship a year, and established himself in business of the copyright : Held, that it must be in- there, but intended, even should it prove ferred that the agreement was made on successful, to leave it in the care and man- the implied terms that th copyright agement of a clerk, and return to his resi- should be the property of the proprietors, dence in this State: Held, that he was not and they were therefore entitled to such a non-resident by reason of this absence. property. 85. An order at Special Term vacating an at- The defendants published a monthly periodi- tachment which had been obtained agains cal professing to be a digest of the cases him, was affirmed. 73. decided in the courts during the previous But ROOSEVELT, Justice, dissenting: Held, month, and inserted, among others, head that the defendant, at the time in question, or marginal notes copied verbatim from the was at least a temporary resident of Wis- plaintiffs' publication: Held, dissentiente consin, and not a resident of the State of MAtrL,, J., that the defendants were guilty New York, and his property was therefore of piracy under the 15th section of the act liable to attachment; also, that a man may -CROWDER, Justice, dubitante as to both have a residence in one State, and, at the points. 85. same time, be a resident in another. 73. CORPORATIONS COLLECTING DEBTS: A corporation having a joint stock, owned by Notice to parties as to (see cover page 3d). private persons, is a private corporation, COMMISSIONER FOR EVERY STATE: and its essential franchise is private prop- Notice as to. (See cover page 3d.) erty, which the Legislature has no power COMMON CARRIERS: to destroy or essentially modify, and it can VOL. IV.-NO. I.-TJANUA-RY, 1856.

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