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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

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