Volume 3 — New York Transcript Appeals (1867–1868)

On the 17th of September, 1864, John F. Cook and John Van Brant were returning from their work, in a one-horse wagon. Their course was northerly up Hamburg Street, in the city of Buffalo. While crossing the Defendants’ railroad, as it passed over that street, the wagon was struck by a train of cars, which was backing toward the city of Buffalo. Both the occupants of the wagon were thrown out, and Cook w'as instantly killed.

<p>Attorney — Power of Supreme Court to strike from Rolls.</p> <p>The Supreme Court of this State has power, under the statute, to strike from, the rolls the name of an attorney for general misconduct in the practice of his profession, after having caused a copy of the charges preferred against him to be served upon him, and opportunity to be heard in his defence.</p> <p>The proper mode of proceeding in such case, is by the service of an order upon the attorney, to show cause why he should not be stricken from the rolls, etc.</p> <p>On the hearing, the Court is not confined strictly to the common law rules of evidence. \</p>

The action was for equitable relief, and, on the hearing, the referee dismissed the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The judgment was affirmed at General Term in the Seventh Judicial District, the opinion of the Court being delivered by Mr. Justice Johnson. The complaint, in substance, alleges the following facts: In 1857, and the early part of 1858, Win. II.

<p>Insurance — Agency—Estoppel.</p> <p>Where an insurance company employs an agent to solicit the insurance of property in their company, and furnishes blanks to be filled by the statement of the insured, and the agent of the company takes the responsibility of filling up these blanks, and assures the applicant that all is right, the company will not be permitted to prove the facts to be different from those stated by the agent in the application.</p>

<p>Partition — Heir-at-law—Hsepectancy—Transfer.</p> <p>The expectancy of an heir is capable of being transferred as security for the payment of a just debt, and when the same is done during the lifetime of the ancestor, it will be deemed to be a transfer of all legal and equitable right of such heir’s expectancy in the estate of such ancestor; and although there can be no vested estate in the property during the life of the ancestor, a Court of Equity will recognize and protect the interest of the transferee after the death of the ancestor.</p>

<p>Practice — • Oase.</p>

Seguine, deceased. The will in question was executed on the 22d May, 1859, at Rossville, in the county of Richmond, at the house of the testator’s brother, Henry L. Seguine. The testator died at his residence at Deep Creek, in the State of Virginia, on the 11th of January, 1860, leaving an only son, James Henry Seguine.