New-York tribune., 1893-12-24

JUDGE HENRY BIsCHoFF. JR.
He writes clearly. and it is an evidence Of his
Industry that ne cites unusually large number
Of cases to enforce the propositions which he lays
down One of his most recent opinions at Gen.
EZRA, Term was in the case of William r. Tob!n
against the Manhattan Savings Institution Topin
who ives brickayer, had deposit OF several
hundred dollars in the Savings Institution ana
kent his pass-bock locked up in his trunk at his
boardins-house When he looked at 1t one day he
found that some person had taken the book. drawn
a considerable amount Of money and replaced tne
dissinlarty between his signature and that OF the
draft w h. the Sbn Ta1 sd the S tx
recover the amount drawn without MS & Know, ya
suss sussaiaed i by the General Term Of tha! cour,
and recently at the General Term 9r dse S
SR,nSn %hisS judge ' Bseho has wfsn opinions at .Ss
pase rs Life 'ass sp wSch
held that the canss of eaek Of s M
tached to the Of s the ws wss
the disease Of which he soon died In the case Of
interesting opinion an intricate question OF 'aw
Om the % s apper pa asr Of Ss city He
also wrote the opinion in Rubenstein against m, m
new law a license to sell liquor may be assigned
subject to approval by the Board OF Excise the
transfer trans is is approved by the Excise Board may be
recovered in an action by the assignor against the
assignee
Most Of the courts began their holiday recess last
week. and will meet until early In January
The Court Of Appeals Tuesday delivered opin-
ions In several cases. the most important being
that of E. s. Stokes against J. w. Mackay, in
which the judgment of the lower trbunas was
reversed Among the judgments affirmed were
those OF Austin against the Long Island Railroad
Company In which the existence OF signooard
belonging to the company was given as reason
did not it approachng; OF Mason against 1t the the
Atlantic Avenue Railroad COMPANY. in which the the
with a passenger SO that he did not even know
n called Il his nat attention to the fact after the had
gone some distance was he'd 70 be negiigenee ana M
existence Of agreements that property in Madison
ave-. between Forty,hrst and Forty-second s's:
least fve feet back from the building line was
held to be an GsyKns aK title the sfus re b
property.
Judge Seymour D. Thompson. Of ST. Louis. In
the current number OF The American Law Re
view" makes an earnest protest against the doc
trine that corporation may prefer some Of It's
creditors when It makes assignment. In some
of the States ii is he'd that insovent corpora
tion cannot prefer particular creditors. while IN
other States corporations are allowed when insolv-
ent about to become insolvent. TO dispose OF
their allow favored creditors to
obtain unfair proportion or the whole OF the
property. Stockholders and directors even are al
lowed to receive a preference. Judge Thompson
MUSES. vigorous language. saying: This Infamous
directors and and Shareholder | Of Corporation 10
<prefer themselves at the expense Of its creditors
have voted for the proposition conception
(which np @ pIn ba1 similar Sy Is that the ne
the pubS by means ans Of the Ieterheads on which
their company that it had certain capital does
not estop them from preferr1ng themselves before
had thus deceived into o. giving credit to T0 it, II tf can
not escape attention that this doctrine offers new
OF business. because it gives the members OF cor
HoratlOns an advantage ~ over he creditors which
Judge Thompson argues earnestly and forcb.y that
trust @ fund for its ~ creditors s is msahngess the
managers OF the corporation are allowed In making
somewhat belated but careful review Of the
Lizzie Borden murder is feature Of THE
American Law Review" There are other interest
ing articles and legal notes. a correspondent Of
"The Law Review performs a good service in ex-
posing the plagiarism Of some legal authors who
frequently take entire notes from some other
standard work on the same subject, and use them
their The fact that the
cur In referring to VIII frequently expose the
use Of the oder volume by the newer author.
The correspondent has compared new book Of
which he does not give the name with Daniels
work on the law of negotiable instruments. and
finds that whole passages have been quoted with,
g. Taft begins a sketch Of the Supreme Court Of
Vermont An English correspondent describes sc the
cited great interest in England. One Of the best
Gently in ;'TSe Green Bag is that W eoneernng the
Hall Of -Four Courts in Dublin 1t contains many
ciden time. The Dustin lawyers appear at present
40 have more leisure than they desire. D.. ".
lin Court Building. says. 'it has been said by an
an % nd ha 6e Gses Sy S the
days the iSrsliiy Of the Irish courts Is not not
between
former being dull skeptical and solemn. and the
At the dinner Of the Chicago Bar Association In
honor OF the Illinois Supreme Court Judges most
of the speeches short and some Of them were
lively. but all OF them were full OF the greatness
Of Chicago and of the Worlds Fair. President
David B. Lyman. In his opening address. urged not
only the sIopIihcation Of the Illinois practices,
jury trials In ordinary cases and the adoption OF
Of the who are guilty Of gross unpro
fessionai conduct. Ex Senator Lyman Trunbui
that State.
Among the dog stories recently told in the law
reports 10 one from Rochester The General Term
OF the Supreme Court for fifth department
rendered recently a decision IN the The su-
pernfendent OF a cemetery trained watch dogs 70
patrol the boundaries Of the grounds and one
day In January two OF the dogs were returning
20 the superlntendents house. near Rochester,
along q strect-railroad track There deep
snow on the ground and on each side OF the track
the snow had piled high by the snow plough. There
were no openings through the snow banks for a
distance of about 1000 feet. A trolley rushed
along behind the two dogs and one Of them ieaped
from the track but the other, which just
turning into cut in the snoybsnk % near its mas
Of the dog sued the railroad company, and OBJ
taiped verdict. The General Term has recently
af1fmed the judgment declaring that the motor
careless In not checking the speed Of the
car. and that the owner Of the dogs was not neg
ligent In allowing them to be at large. In THE
Scottish Law Review Is the report Of aris-
ingiin the Shern Court at Ayrshire. In which a
railway company compelled to pay the value