the seven judges, and the case most thoroughly discussed on several occasions in consultation before the opinion was rendered, after which a majority of the court reached the conclusion that the judgment awarding a peremptory instruction to the jury to find for the defendant should be affirmed.

and all of the material parts of the evidence read in consultation to the whole court, and we have again thoroughly discussed and considered the question involved, and we still think the original opinion contains a correct exposition of the law governing the case, under all the facts, as shown in the transcript.

The petition for rehearing is therefore

As part of compensatory damages re-
coverable in an action for tort
Validity of statutory provision for, in
proceedings involving collection of
taxes or special assessments

761

1062

Promise to pay fixed
a
sum condi-
tional upon exercise of an option by
promisee, the time for which had not
expired at the time of bankruptcy, as
basis of provable claim
Does the fact that a bank has, by an
agreement invalid as against the
trustee in bankruptcy, undertaken to
hold the bankrupt's deposit as a fund
for creditors, prevent it from setting
off deposit against its own claim
When will discharge of principal in
bankruptcy release surety on a bond
given by the principal in an action
at law
Fraud in preventing collection of claim
as excepting it from discharge in
bankruptcy

Banks.

Power of bank officer to bind bank by
agreement varying the liability of
parties to commercial paper from
that imported on its face
Power of bank officer to bind bank by

Effect of statute of frauds
Admissibility of parol evidence
Breach of parol warranty as defense to
an action between original parties on
note for purchase price of chattel
Admissibility of parol evidence, as be-
tween indorser and indorsee, that un-
restricted indorsement was made
merely to transfer title to the owner

1045

1045

267

530

agreement that liability of par-
ty to commercial paper shall not
be enforced

Applicability, as between master and

Agreement that no liability will be
incurred

Agreement to release a party to
a note from existing liability
Admissibility of parol evidence to
prove the agreement
Right of bank to set off its own claim
against a deposit which by an agree-
ment invalid as against the trustee
in bankruptcy it had undertaken to
hold as a fund for creditors