MY DEAR MR. CHENEY: SUPREME COURT CHAMBERS, WATERTOWN, N. Y., May 21, 1913. I greatly regret that I shall not be able to attend the memorial meeting of the Onondaga County Bar Association on Saturday afternoon in honor of the late Justice Peter B. McLennan. I should be glad to join with your association in paying respects to the memory of a distinguished jurist, but unfortunately I am called away from home and shall not return until early next week. Judge McLennan was in many respects a unique personality. He was possessed of a masterful mind, but, better than all else, he was endowed with a strong and sturdy common sense which was manifest in nearly all of his judicial work. He has left an impress upon the jurisprudence of our State which marks him as one of the foremost jurists of his day. But aside from his work upon the Bench, he was possessed of a most pleasing and attractive personality and address, always cordial and gracious and always mindful of the necessities of others. In fact it always seemed a greater pleasure for him to add to the comfort of others than to look after his own personal interests. His sad and untimely death is a great loss to the Bar and Bench and to the community at large, and it is very appropriate that your association, of which he was a member and in which he took such a pride, should meet and do honor to his memory as a jurist, a lawyer, a neighbor and a friend. Kindly present to the association my sincere regrets at not being able to be with them and believe me to be, GENTLMEN.— I regret that an imperative engagement for May 24th will make it impossible for me to be present at the memorial services in honor of the Honorable Peter B. McLennan. I cannot let the occasion pass, however, without recording my sincere admiration of the courage, fairness, ability, integrity and industry which he manifested in the discharge of his official duties. It was delightful to witness his kindly consideration for the younger or more inexperienced members of the Bar. He was a warm-hearted, genial, faithful friend. He was not perfect, because he was a man, but he had maniy virtues in such large measure that any imperfection is forgotten in the memory of his many strong and good qualities. Sincerely yours, ADELBERT MOOT. UTICA, N. Y., May 21, 1913. TO SECRETARY, ONONDAGA COUNTY BAR ASSOCIATION, Syracuse, N. Y.: MY DEAR SIR. — Acknowledging the receipt of the invitation to be present at the memorial services in honor of Justice McLennan, I write to say that nothing but absence prevents my accepting the invitation. It is necessary for me to be out of town on the appointed day, which I exceedingly regret. I should deem it an honor to be present to pay respect to our late esteemed fellow member of the Bar and eminent jurist. Yours very truly, H. J. COOKINGHAM. LITTLE FALLS, N. Y., May 21, 1913. ONONDAGA COUNTY BAR ASSOCIATION, Syracuse, N. Y.: DEAR SIRS.-As it will be impossible for me to attend the memorial services in honor of the Hon. Peter B. McLennan, who passed away under such unfortunate circumstances, I wish to express my great grief at the loss that the courts, the Bar and all the people have sustained by his death. He was, indeed, one of nature's noblemen, and has in his time accomplished much good, and his unfortunate end must be regretted by all. Very respectfully, Mrs. Sulzer and I are shocked and deeply grieved at the tragic death of your distinguished husband. In your bereavement we extend to you and the members of the family our heartfelt sympathy. Have ordered the flags on all State buildings placed at half-mast. WM. SULZER. SUPREME COURT CHAMBERS, WASHINGTON, D. C., May 10, 1913. COLIN W. MCLENNAN, Syracuse, N. Y.: I am inexpressibly shocked to learn of the death of Judge McLennan. I greatly regret it will be impossible for me to attend the funeral services. Mrs. Hughes and I send our deepest sympathy. CHARLES E. HUGHES. WASHINGTON, D. C., May 10, 1913. COLIN W. MCLENNAN, Syracuse, N. Y.: I am shocked and grieved by the sad death of my old and highly valued friend, Judge McLennan. I beg to express my deep sympathy with his family. The untimely end of his distinguished and useful career is a very great loss to all the people of Syracuse and of the whole State. ELIHU ROOT. MRS. PETER B. MCLENNAN, COURT OF APPEALS, ALBANY, N. Y., May 9, 1913. Syracuse, N. Y.: I extend my deep sympathy in the great loss you and the people of the State sustain by the death of your husband and my friend, Presiding Justice McLennan. EDGAR M. CULLEN. ONONDAGA COUNTY BAR ASSOCIATION: ALBANY, N. Y., May 24, 1913. I regret I cannot attend the memorial services of the Onondaga County Bar in honor of Judge McLennan, and in person pay to his memory the sincere tribute of my affection and regard. He was a great man as well as a great judge, and gave to the State the inspiration of a rugged and splendid character and to the Bench a learned, honest and practical conception of the law. His knowledge of public affairs was accurate, his views upon them wholesome and his opinions and conduct fearless. He was a tower of strength in sustaining the dignity and probity of the Bench and drawing to it the admiration of lawyers and the confidence of citizens. To me he was a valued friend and wise counselor. In common with all who knew him, I deeply lament his untimely death. THOMAS CARMODY. CATO, N. Y., May 24, 1913. TO THE PRESIDENT OF THE ONONDAGA BAR ASSN., Syracuse, N. Y.: As one of Justice McLennan's associates in the Court which he honored as Judge, may I say to you that he was esteemed by all as an able, vigorous, conscientious, and fearless judge, and that he will be greatly missed by his friends in the Appellate Division of the various Departments; by the Bar, and especially the young practitioners, with whom he was so considerate, and by the State who loses one of its best friends. My absence from the meeting of the Association this morning is unavoidable. ADELBERT P. RICH. APP. DIV.- VOL. CLIX. 62 MRS. PETER B. MCLENNAN, NEW YORK, May 9, 1913. Syracuse, N. Y.: I am requested by the Trial and Special Term Justices of the First Department to convey to you and your children their profound sympathy in your affliction. Justice McLennan had the respect and affection of his brother Justices and we mourn his loss as that of a great judge and an honored associate. PETER A. HENDRICK. ALFRED UNIVERSITY, ALFRED, N. Y. Alfred mourns with you the death of Judge McLennan. He was a man of great talents and a great heart. He was a truly loved and highly honored alumnus and trustee, a loyal and tireless worker. His death crushes with a deep sense of loss. BOOTH C. DAVIS. INDEX. ACCOUNT STATED. Action for money had and received. ACCOUNTING. Broker and customer. See PRINCIPAL AND AGENT, 3. AGENCY. See PRINCIPAL AND AGENT. APPEAL. 1. Lis pendens-when cancellation not authorized under section 1323 Hence, on an appeal from a judgment in an action by a receiver appointed 2. Reversal of interlocutory judgment overruling demurrer - when But if the final judgment had followed an affirmance by the Appellate Section 1303 of the Code of Civil Procedure, which authorized the court Hence, where by inadvertence and mistake of law, an appellant under 201. 3. Court of Special Sessions-correction of record-facts happening The appeal must be heard on the record as it exists at the time the - |