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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

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
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.
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

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.
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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