(179 N. Y.S.) ber 26, 1919.) Judgment and order affirmed, | Order unanimously affirmed, without costs, on with costs. No opinion. Order filed. Allen C. WOOD et al., respts., v. DOCK & MILL CO.. applt. (Supreme Court, Appellate Division, Fourth Department. January 14, 1920.) Motion granted, and order dismissing appeal vacated. the ground that the justice presiding at the next Trial Term of the Supreme Court, to be held in Broome county, will have full power to dispose of this case under the order appealed from. Donovan E. WORLEY and one, applts., v. Theodore B. CLEVENGER, respt. (Supreme Court, Appellate Division, Fourth Department. December 30, 1919.) Judgment affirmed, with costs. All concur. Howard O. WOOD, appellant, v. RELLET AMUSEMENT COMPANY, Inc., respondent. (Supreme Court, Appellate Division, Second Department. December 12, 1919.) Order of Millard H. WRIGHT, respt., v. Isaac W. the Appellate Term affirmed, with costs. No DIETZ, applt. (Supreme Court, Appellate Diopinion. Rich, Putnam, Blackmar, and Jay-vision, Third Department. December 29, 1919.) cox, JJ., concur. Jenks, P. J., not voting. Judgment and order affirmed, with costs. All concur, except Woodward, J., who dissents. V. Arthur E. WOODMANSEE, Globe & Rut- ZURICH GENERAL ACCIDENT & LIAgers Fire Insurance Company of the City of BILITY INSURANCE COMPANY, LIMITED, New York, and Northern Insurance Company OF ZURICH, SWITZERLAND, respt., of New York, respts., v. DELAWARE, LACK- KINGSTON SHIPBUILDING CORPORAAWANNA & WESTERN RAILROAD COM- TION, applt. (Supreme Court, Appellate DiPANY, applt. (Supreme Court, Appellate Division, Third Department. November 21, 1919.) vision, Third Department. January 9, 1920.) Judgment unanimously affirmed, with costs. END OF CASES IN VOL. 179 THIS IS A KEY-NUMBER INDEX It Supplements the Decennial Digests, the Key-Number Series and ABANDONMENT. ACCRETION. See Judgment, 622; Shipping, 108. See Wills, 728. ACTION. ACCOMMODATION PAPER. See Bills and Notes, 243. ACCORD AND SATISFACTION. See Compromise and Settlement; Equity, 57. 8(1) (N.Y.Sup.) Part payment by a debtor of an undisputed judgment against him, on agreement to satisfy it, does not constitute an accord and satisfaction; the agreement being without consideration.-Beecroft v. Carey, 179 N. Y. S. 249. See Dismissal and Nonsuit. II. NATURE AND FORM. 25(3) (N.Y.Sup.) A count in a complaint on the equity side of the court alleged trespass on plaintiff's land in constructing a subway, setting forth that plaintiff, by reason of defendant's trespass, incurred additional expenses for the foundations of its building, then under construction, to protect the building, and demanding a money judgment for the amount of such expense, set forth a cause of action at law, which should be dismissed.-Brooklyn Trust Co. v. City of New York, 179 N. Y. S. 441. 10(1) (N.Y.Sup.) If employé, prior to his discharge, was paid in full both for wages and overtime under the contract, and thereafter demanded double time for overtime on account 35 (N.Y.) Where a right is given by statute of discharge, and compromised his claim at and a remedy provided in the same act, the one-half of his demand, the receipt of the right can be pursued in no other mode.-In re money would constitute an accord and satis- Meng, 125 N. E. 508, 227 N. Y. 264. faction.-Heiderwitz v. Goldstein, 179 N. Y. S. 814. ADMINISTRATION. See Executors and Administrators. 115, 192; ADMIRALTY. See Shipping. ADOPTION. 12 (N.Y.Sup.) In an action to rescind a contract for fraud, in which relief by way of See Courts, 2004; Divorce, accounting is only incidental, the accounting in itself does not constitute a ground for equitable relief.-Falk v. Hoffman, 179 N. Y. S. 428. ACCOUNT STATED. 20(1) (N.Y.Sup.) In an action against brokers on an account stated in a so-called "regular" account, whether a subsequently opened "special account" was closed by plaintiff customer, when there was no deficit in it on which defendant brokers could counterclaim, held for the jury.-McConnell v. Hellwig, 179 N. Y. S. 882. 179 N.Y.S.-61 309. (N.Y.Sur.) At common law, the adoption of children as now understood did not exist, and the status and rights of adopted children are purely statutory.-In re MacLean, 179 N. Y. S. 182. stock-7 (N.Y.Sur.) Where a father deserted his wife and infant child, and concealed his whereabouts, he was guilty of an "abandonment," which means neglect and refusal to perform the natural and legal obligations of care and support, etc., a parent owes his child; and hence, under Domestic Relations Law, § 111, his consent was not necessary to the adoption of the (961) infant, the mother's consent alone being sufficient. In re MacLean, 179 N. Y. S. 182. Where the marriage of a father was bigamous, his consent is not necessary to the adoption of a child of such marriage by persons who were acting with consent of the mother.-Id. APPEAL. See Courts, 185, 189, 190; Criminal Law, ics. 7 (N.Y.Co.Ct.) Where the father of an infant child was convicted and sentenced to the federal penitentiary, his consent to the adoption of the infant is unnecessary, and so, where the III. DECISIONS REVIEWABLE. mother of the child consented to adoption by the maternal grandparents, who were in all (E) Nature, Scope, and Effect of Decision. ways situated to give the child a good home, 103 (N.Y.Sup.) An order denying a motion held, that the grandparents' application for for judgment on the pleadings is not appealadoption would be granted, despite the father's able.-Evans v. Vogel, 179 N. Y. S. 498. protests, on the ground of the grandparents' church affiliations, etc.-In re Miller, 179 N. Y. S. 181. 104 (N.Y.Sup.) Time of court should not be taken up with appeals from orders entered on objections to ruling on evidence in examination of adverse party before trial.-Harrison v. Miller, 179 N. Y. S. 331. 113(3) (N.Y.Sup.) No appeal lies from a default judgment.-Kass v. Phoenix Ribbon & Carbon Co., 179 N. Y. S. 316. (F) Mode of Rendition, Form, and Entry. of Judgment or Order. 133 (N.Y.) Where the Appellate Division reversed the judgment dismissing the complaint on the merits, and numerous findings, and made new findings and conclusions of law favorable to plaintiff, and made an order providing for equitable relief and that plaintiff recover costs of both courts, and that judgment be entered accordingly, the Court of Appeals can pass on the questions involved only on appeal from judgment, entered as ordered and as required by Code Civ. Proc. §§ 1345, 1355, and not on appeal from the order or from such a judgment as was entered; one merely reciting the revers al of the judgment of the trial term and adjudging that plaintiff recover costs in a certain amount.-Hermann v. Ludwig, 125 N. E. 541. 134(1) (N.Y.Sup.) Where, on the same day, judgment was rendered on a verdict and memorandum was made by court setting aside verdict as against weight of evidence, no order being made, there can be no appeal from the memorandum.-Automatic Machine & Tool Co. v. Delano, 179 N. Y. S. 8. IV. RIGHT OF REVIEW. fecting Right. 62 (N.Y.Sup.) Where an alien coming to the United States in May, 1905, remained until May, 1907, when he entered government employment in Canal Zone, and while on vacation (B) Estoppel, Waiver, or Agreements Afin 1908 declared his intention, and on finding on his final return from Canal Zone in May, 1916, that his time to apply for second papers had expired, filed his declaration in that month to become a citizen, and in September filed a petition for second papers, to which there was an objection on ground of nonresidence for five years, Act Cong. May 9, 1918, § 1, subd. 7 (U. S. Comp. St. 1918, § 4352), relating to residence in Canal Zone did not apply. In re Rowland, 179 N. Y. S. 120. AMENDMENT. See Associations, 5. ANIMALS. See Carriers, 215-230. 162(1) (N.Y.Sup.) The plaintiff in a stockholder's action, after entering and collecting the judgment, retaining the proceeds, and paying part to another stockholder cannot complain that the judgment was in favor of the individual stockholders, not barred from recovering, instead of the corporation.-Harris v. Rogers, 179 N. Y. S. 799. Plaintiff cannot appeal from a judgment in favor of one defendant, if he has collected the full amount of his damages from other defendants.-Id. Though plaintiff has collected the judgment in his favor against part of the defendants. he may appeal from the judgment in favor of another defendant, whose claimed liability is greater than the sum recovered.-Id. for cases in Dec.Dig. & Am,Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER V. PRESENTATION AND RESERVA-, were made by defendant's counsel, who objected (A) Issues and Questions in Lower Court. to the testimony, for withdrawal of a juror, (C) Exceptions. 172(1) (N.Y.Sup.) Suggestion that defend- N. Y. S. 396. of perjury by witnesses, so that no question of (B) Objections and Motions, and Rulings sponse to an exception, in an additional charge, CEEDINGS. 5485(1) (N.Y.Sur.) Under Code Civ. Proc. 197(3) (N.Y.Sup.) The statute law of an- XIII. DISMISSAL, WITHDRAWAL, OR 209(3) (N.Y.Sup.) In an action by an as- 179 N. Y. S. 419. ABANDONMENT. patrolman whose detail as detective sergeant 231(1) (N.Y.) The essential function of an Appellate courts are not diligent in seeking XVI. REVIEW. (A) Scope and Extent in General. 837(5) (N.Y.Sup.) Where, at the close of 237(1) (N.Y.Sup.) In an action against de- |