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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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