ABSTRACTS, DIGESTS, NOTES OF CASES, AND CASES IN FULL.
ACCORD AND SATISFACTION.-Unperformed agreements cannot be pleaded in. Brown v. Spofford (U. S. Sup.) (in full).. ACKNOWLEDGMENT.- What is a substantial compliance with statutes of Tennessee; no statutory provision there as to acknowledgment by corpora- tion. Kelly v. Calhoun (U. S. Sup.).............
ACT OF GOD.-Crew abandoning vessel by reason of great danger to life, is not negligence. River, etc., Commissioners v. Adaamson (Eng. H. L.).... ACTION. For death from negligence or design not maintainable at common law. Mobile L. I. Co. v. Bramo (U. S. Sup.) (in full)..
ADVERSE POSSESSION - Continued. 3.- Line, fence mutually agreed upon, though off of true line, gives title by. Smith v. McKay (Sup. Com., Ohio)... 4.-Fence off of line acquiesced in does not fix course of line beyond fence-mere claim of title does not constitute. Ousby v. Jones (Ct. App., N. Y.). AGENCY.-A principal is liable for fraudulent mis- representations of agent within the scope of his agency. Swire v. Francis (Eng. Priv. Coun.) (in full)...
2. To confiscate debt is a proceeding in rem. City of Al- exandria v. Fairfax (U. S. Sup.)....
3. Seduction of daughter and enticing away servant maintainable. Noice v. Brown (Sup., N. J.). 4.-Not maintainable against railroad company for wrongful interference by agent with levy. Western R. R. Co. v. Thomas (Sup., Ga.)..... 5.-Municipal corporation liable for injury from obstruc- tion placed by third person in streets has action over against such person. City of Rochester v. Montgomery (Ct. App., N. Y.). 6.-Against corporation to recover dividends not main- tainable by one not holding stock. Hughes v. Vt. Cop. Min. Co. (Ct. App., N. Y.)...
2. Estoppel, one employing note broker to sell note, bound by his representations; ratification of repre- sentations made before agency binds. Ahern v. Goodspeed (Ct. App., N. Y.)...
3.-Agent not disclosing principal personally liable and not relieved by subsequent disclosure and action against principal. Cobb v. Knapp (Ct. App., N. Y.).. 132 4.-Notice of immoral acts of agent will not be im- puted to principal. Stanley v. Chamberlain (Sup., N. J.) 5.-Government is liable for the fraudulent acts of its agent in procuring money from innocent parties. United States v. State Nat. Bank of Boston (U. S. 131, 188 Sup.) (in full). 6.-Agent cannot act for two principals. Meyer v. 191 Hanchett (Sup., Wis.).
7.-Does not lie against judge for erroneously sentenc- ing to imprisonment. Lange v. Benedict (Ct. App., N. Y.).... 8.-Penal actions for violating, mere municipal ordin- ances are civil actions. Prest. of Platteville v. Bell (Sup., Wis.)...
8.-Construction of power of attorney to draw and in- dorse checks; ratification. Craighead v. Peterson (Ct. App., N. Y.)...
9.-Agent of trustee cannot bind trust estate. New v. Nicoll (Ct. App., N. Y.)....
9.-May be maintained for money paid under errone- ous judicial decision, but demand necessary. Scholey v. Halsey (Ct. App., N. Y.)...
10.-Principal liable for acts of agent within apparent authority. Kasson v. Noltner (Sup., Wis.).. See Auctioneers.
10. When on contract and when not. Cox v. McLaugh- lin (Sup., Cal.)
11.-On contract for personal services, when it accrues. Powers v. Wilson (Sup., Iowa)...
12.-Lies for money deposited with third party upon a legal contract. Davis v. L. & P. M. Ins. Co. (Eng. C. D.) (N. C.)..... 13.-On promise to pay debt when able, not maintain- able without proof of ability. Randage v. Lyman (Sup., Mass.)....
3.-Changing names of payees material. Hackley (Sup., Mich.)
See Bankruptcy, 1, 2; Life Insurance, 14; Negligence, 17; Seduction.
4.-Changing number of municipal bond is. Force v. City of Elizabeth (Ch. N. J.) (N. C.)...
5.-Presumption of honesty in. Hoey v. Jarman (Sup., N. J.)
ADJACENT SUPPORT.-Vendor of lands to be used for building, impliedly covenants to give. Sid- dons v. Short (Eng. C. P. D.).... ADJOINING OWNER.-Water, artificial mound causing percolation of water renders owner erecting liable for damage. Hurdman v. N. E. Ry. Co. (Eng. Ct. App.) (N. C.) (in full). 2.-Liability for surface water escaping from streets. Wakefield v. New (Sup., R. I.)..
ADMIRALTY LAW.-See Maritime Law. ADMINISTRATORS.-Sale of real estate by, must be made in presence of. Leburlain v. Johnson (Sup., Ill.) (N. C.)....
ADVERSE POSSESSION.-Conveyance by re- mainderman not in possession of lands held ad- versely, after death of tenant for life void. Christie v. Gay (Ct. App., N. Y.) 2.-Line fence off line for convenience does not consti- tute. Jones v. Smith (Ct. App., N. Y.)...
6.-Changing from order to bearer is material. Un. Nat. Bk. v. Roberts (Sup., Wis.)
7. Of note from $500 to $400 material discharging surety. Heins v. Cargill (Sup., Me.) (N. C.) ANCIENT LIGHTS.-Not favored in this country. Shipman v. Bass....
2.-Order allowing alimony, when question of law in- volved, appealable to Court of Appeals. Collins v. Collins (Ct. App., N. Y.)..
3.-To United States Supreme Court; remission of part of verdict rendered so as to bring below $5,000 pre- vents appeal; judgment payable in gold. Thomp- son v. Buller (U. S. Sup.)... -To Court of Appeals; upon a motion to reverse as contrary to weight of evidence; general term re- versed in questions of law only; held not appeal- able. Samuels v. Evening Mail (Ct. App., N. Y.).... 115 5.-To Court of Appeals; in case not involving $500, order must state some question of law involved. Bastable v. City of Syracuse (Ct. App., N. Y.). 6.-To United States Supreme Court; judge alone can take security required on. O'Reilly v. Edrington (U. S. Sup.) 7.-To Court of Appeals; right under $500: limit deter- mined by amount in controversy ($140.50) not by judgment ($543.84.) Brown v. Sigourney (Ct. App., N. Y.) 8.-On question of fact; burden of proof is with appel- lant. Steamboat v. Rideout (U. S. Sup.)... 9.-Order granting attachment when appealable to Court of Appeals and when not. Allen v. Meyer (Ct. App., N. Y.)... 10.-Arrest; refusing to grant order for, not appealable to Court of Appeals. Cochrane v. Ingersoll (Ct. App., N. Y.).... 11.-Discontinuance by party appealing, may be allowed. Mackey v. Lewis (Ct. App., N. Y.)...... 12.-To Court of Appeals; discretionary order opening default not appealable. Lawrence v. Farley (Ct. App., N. Y.). 13.-Reversal not allowed for irregularities working no harm. Allis v. N. W. M. L. Ins. Co. (U. S. Sup.)... 474 14.-To Court of Appeals of case involving less than $500; the title to real estate must be in question to au- thorize. Nichols v. Voorhis (Ct. App., N. Y.)..... 15.-To Court of Appeals: order restoring demurrer not appealable. Elwell v. Johnson (Ct. App., N. Y).... 511
ARREST AND BAIL.-Union of action wherein arrest may be made with one wherein it may not, in same complaint, takes away right to arrest. Madge v. Puig (Ct. App., N. Y.).
2. Complaint must set forth grounds of arrest under new Code, $558. Bowery Nat. Bank v. Duryee (Sup., N. Y)..... 3.-Vacating order under Code, § 558; complaint must negative right to arrest. Arrest may be upheld on affidavits. Sloane v. Livermore (Sup., N. Y.)......... See Bankruptcy, 7.
ASSAULT AND BATTERY.-Justification, ex- cluding manager of alms-house from witnessing per- formance of priestly functions to pauper, not. Cooper v. McKenna (Sup., Mass.).... 2.-Justification; owner of land out of possession may peaceably take possession and then resist attempt to retake. Bliss v. Johnson (Ct. App., N. Y.).. ASSESSMENT.
Statutes relating to, must be strictly followed. Officials must take their oaths in the form required by statute. Morris v. Portchester (Ct. App., N. Y.)...'
ASSIGNMENT.-Claims against the United States are not assignable at common law or by statute. United States v. Gillis (Sup. Ct., U. S.)...
2. In assignment of claim already sued, assignee takes burdened with costs. Barton v. Speis (Ct. App., N. Y.)..... ASSIGNMENT FOR CREDITORS.-Title vests in assignee on acceptance of trust and before bond filled. Assignees accepting may not renunciate. All assignees must join in deed of real estate. Brennan v. Wilson (Ct. App., N. Y.) 2.-Action against assignor will not be stayed. Butler v. Thompson (Co. Ct., N. Y.).. 3.-With preferences valid except as against the bank- Williams v. Pitts (Sup., N. Y.). rupt act. See Bankruptcy, 8, 9, 10, 11. ATTORNEY.-Lien of, for costs is not defeated by dormancy of judgment. Jenkins v. Stephens (Sup., Ga.).
BAILMENT - Continued. 2.-Possession by pledgee is essential to a pledge. Sey- mour v. Colburn (Sup., Wis.). 3.-Bailee for hire is liable only for ordinary negligence as to property bailed. Clark v. United States (U. S. Sup.....
4.-A. purchased horses of S. but returned them as not according to warranty. S. supplied A. with other horses to use until he could make good his warranty. S. failed. Held, that A. could not hold the horses supplied against creditors of S. Ex parte Roy (Eng. Ct. B'krptcy)....
5.-Safe deposit companies, what constitutes negligence by. Safe Deposit Co. v. Pollock (Sup., Pa.) (N. C.). 199 6.-Broker having apparent title to goods obtaining ad- vances fraudulently from innocent party does not convey title. English Factors Act. Johnson v. Credit Lyonnais Co. (Eng. Ct. App.)... 7.-Pledge; pledgee may release possession of pledge until object of, is accomplished; bankrupt proceed- ings against pledgor does not divest, and refusal by pledgee to appear in bankrupt proceedings does not impair rights. Yeatman v. N. O. Sav. Inst. (U. S. Sup.).... 8.-Pledge of personal property, possession in pledgee essential to, against innocent purchaser from pledgor. Mosher v. Smith (Sup., Me.). 9.-Possession is essence of pledge in common and civil law, and must be at some time in pledgee. Casey v. Carvaroc (U. S. Sup.)......
BANK.-Certification; cashier may not certify unusu- ally drawn checks. Dorsey v. Abrams (Sup., Pa.) (in full.)..... 2.-Knowledge of president of, imputable to bank. Holden v. N. Y. & Erie Bank (Ct. App., N. Y.)..... 3.-Canceling signature of makers of dishonored note and writing paid does not charge bank with receipt of money; position of branch bank. Prince v. Or. Bk. Assoc. (Eng. P. C.)... 4.-National bank; taking usury must be shown affirm- atively. Wheeler v. Un. Nat. Bank. (U. S. Sup.)... 473 See Bankruptcy, 17; National Bank. BANK CHECK-A check properly stamped is not object of taxation and revenue, and revenue officer cannot under U. S. R. S., § 3177, enter bank and ex- amine. United States v. Mann (U. S. Sup.).. 2.-A check drawn by an insurance company in payment of a policy is not an equitable assignment of fund drawn upon, and is avoided by the insolvency of the company before payment. Att.-Gen. v. Continental Life Ins. Co. (Ct. App., N. Y.).
See Bankruptcy, 23; Negotiable Instrument. BANKRUPTCY.-ACTION. Bankrupt may continue to prosecute pending. Towle v. Davenport (Sup., N. H.) 2.-Legal, not equitable, maintainable to obtain posses- sion of property; inability to give bonds will not change rule. In re Oregon Iron Works (U. S. Dist.) 489 3.-ADJUDICATION against partner does not discharge from firm debts. In re Plumb (U. S. Dist.)....... 4.-Attachment creditor may oppose; non-resident of United States not liable to an involuntary proceed- ing. In re Burton (U.S. Dist.).... 5.--AGENCY. If misappropriation of goods by bank- rupt as agent, principal may prove against goods. Overman v. Quick (U. S. Circ.)...
8.-ASSIGNMENT FOR CREDITORS superseded by. Dol- son v. Kerr (Sup., N. Y.).
9.-Will prevent discharge if made to prefer a creditor. In re Croft (U. S. Dist.).
10.-Defeats execution though statute not complied with. In re Croughwell (U. S. Dist.).. 11.--May be set aside within six months from making. In re Temple (U. S. Dist.).
2.-Employed to draw mortgage acts as attorney and not as notary. Getzlaff v. Seliger (Sup., Wis.). 250 3.-Negligence of, failing to secure debt without proof that it was possible to do so, is not. Jaquins v. Hagner (Ct. App., N. Y.)....
12.-ATTACHMENT. Provisions of old Code, § 227, as to commencement of action applies to all courts. Al- len v. Meyer (Ct. App., N. Y.)...
13. Surety on attachment bond not released by dis- charge. In re Albrecht (U. S. Dist.)... 14.-Discharged by operation of law and attached debt paid by debtor may be recovered by assignee. Duf- feld v. Horton (Ct. App., N. Y.).
4. Has lien on securities left in his hand for his ser- vices. McPherson v. Cox (U. S. Sup.).. 5.-Contempt by, what does not constitute. People v. Randall (Ct. App., N. Y.)....
6.-Detaining money collected in suit may be summa- rily compelled to pay over; not entitled to trial by jury. Matter of Fincke (C. P., N. Y.) (N. C.)... AUCTIONEERS.-Not disclosing principal liable on implied warranty of title. Davie v. Lynch (Ct. App., Tex.) (N. C.)....
BAILMENT.-A bailee for custody of goods is not presumed to have authority to sell the goods. Thatcher v. Kaucher (Sup. Ct., U. S.)....
BANKRUPTCY-Continued. 18.-BANKRUPT is trustee of his estate until assignee is appointed. Ex parte Tremont Nat. Bank (U. S. D., Mass.).... 49.-BURDEN OF PROOF. Assignee moving to expunge note tainted with usury, on ground that note is an accommodation paper, has. In re Many (U. S. Dist.) 490 20.-CHATTEL MORTGAGE. Title to surplus after sale in assignee, and not liable to execution issued before petition In re Wrisley (U. S. Dist.).. 21.Mortgagor retaining possession after condition broken does not invalidate. Hallack v. Tritch (U. S. Circ.)..... 22.-Assignee cannot maintain trover against mort- gagee for mortgaged property. Jones v. Miller (U. S. Circ.)....
23. CHECK given in contravention of bankrupt law, $45, valid in hands of bona fide holder. Cowing v. Altman (Ct. App., N. Y.)...... 24.-COMMERCIAL PAPER; agreement to defer payment does not destroy character of. P. & G. M. Co. v. Peale (U. S. Dist.)..
25.-COMPOSITION. Limit of examination of debtor. Re Proby (U. S. Dist.) (in full).... 26.--Court has no power to prevent in proper case. Mat- ter of Allen (U. S. Dist.) (in_full)... 27.-Refusal of creditor to take money on, not con- tempt. In re Hinsdale (U. S. Dist.).. 28.-Debts created by fraud bound by; injunction re- straining creditor proper during pendency of. In re Shafer (U. S. Dist.)... 29.-Release of old firm and formation of new; when after dismissal of proceedings in bankruptcy dis- missal cannot be vacated for failure to pay compo- sition. In re Ewing (U. S. Dist.).. 30.-Creditors, where debts are not proved, may not vote as to. In re Mathers (U. S. Dist.). 31. Cannot be set aside for fraud suspected but not inquired about before allowance. In re Herman (U. S. Dist.)....
BANKRUPTCY - Continued. 56.-Certificate of discharge in bankruptcy, signed by the judge and by clerk under seal, is sufficient proof of fact. Miller v. Chandler (Sup., La.) 57.-FALSE PRETENSES, indictment for, under § 5132, U. S. R. S. need not charge intent to defraud generally. United States v. Myers (U. S. Dist.). 58.-FEES. What marshal is and is not allowed. In re Hellmar (U. S. Dist.) 59.-FIDUCIARY DEBT. Liability of defaulting guardian to surety who has paid his debt not under § 42. Cro- mer v. Cromer (Sup. Ct. App., Va.).... 60.-Personal liability of executors to creditors is, and judgment thereon enforceable notwithstanding bankruptcy, receipt by creditors of dividends and discharge. Lawrence v. McKenzie (Sup., Ga.).... 61.-Factor's debt to his principal is not within $33. Keime v. Graff (U. S. Circ.) 62.-FORBEARANCE. Contract for as to bankruptcy proceedings, when valid and when invalid. Ecker v. McAllister (Ct. App., Md.)....
63.-FRAUD. Under $33 means positive and not implied fraud. Neal v. Scruggs (U. S. Sup.). 64.-Composition does not discharge debts contracted by. Libbey v. Strasburger (Sup., N. Y.)... 65.-Knowledge in vendee must be shown to set aside fraudulent sale. Dickinson v. Adams (U. S. Dist.) 472 63.-Sale by one partner to another where a firm is insol- vent is not. Russell v. McCord (U. S. Dist.).. 67.-Proceedings will not be vacated for, when applicant guilty of laches and acquiescence. In re Court (U. S. Dist.)... 68.-FRAUDULENT CONVEYANCE; assignee on bankruptcy may maintain action to set aside without judgment. Southard v. Benner (Ct. App., N. Y.)
40. To procure adjudication against firm of one mak- ing it valid. Sanford v. Huxford (Sup., Mich.).... 472 41.-DAMAGES for conversion of goods by sale under at- tachment; market value on day of sale. Long v. Conner (U. S. Dist.) 42.-DISCHARGE will not be set aside for irregularity not appealed from. In re Buchstein (U. S. Dist.)... 192 43.-Assignee cannot plead; must be pleaded to affect pending suits in State courts; not pleadable in ap- pellate court. Higo v. Hoffman (Sup., La.)... 44.-Lien of judgment not proved not released bỷ. Darley v. Mumpford (Sup., Ga.)....
72.-HUSBAND AND WIFE. Claim of wife of bankrupt against estate; bankruptcy court has jurisdiction; wife's equitable rights protected. In re Campbell (U. S. Dist.) 193 73.-INSOLVENCY. Trader unable to pay debts in usual course insolvent; actual not constructive knowledge re- quired to make creditor's acts fraudulent. In re Hancock (U. S. Dist.)
74.-INTEREST on claim accruing after commencment of proceedings allowable. In re B. & P. M'f'g Co. (U. S. Dist.).
75.-INDORSEMENT. Protest and notice not necessary to charge bankrupt. Ex parte Russell (U. S. Dist). 76.-By bankrupt of negotiable note transferred before bank- ruptcy, passes title. Hersey v. Ellis (Sup., Me.) (N. C.) 138 77.-INJUNCTION. Court will issue, against creditors harass- ing bankrupt pending proceedings for composition. In re Hinsdale (U. S. Dist)
78.-Not allowed against creditor after lapse of time for composition. In re Nebenzahl (U. S. Dist.)... 79.-Restraining foreclosure of mortgage will not be set aside contrary to the interest of creditors. In re Dur- yea (U. S. Dist.). 80.-JURISDICTION. State court has none of suit against assignee in bankruptcy. Southern v. Fisher (Sup., S.C.) 37 81.-Bankrupt court cannot relieve from judgment, where
discharge not pleaded. In re Ferguson (U. S. Circ.).. 173 82.-Federal courts have not exclusive, of action to collect assets of bankrupts. Wente v. Young (Sup., N. Y.)... 212 83.-Of State courts, action in name of bankrupt, assignee
need not be party to. Higo v. Hoffman (Sup., La.).... 271 84.-Residence a jurisdictional fact and must be shown; partnership; variance. In re Beals (U. S. Dist.).. 85.-Bankruptcy not State law determines rights of credi- tors of bankrupt. In re B. & P. M'f'g Co. (U. S. Dist.). 291 86. In actions by assignee, State court has not, where amount exceeds $500. Hallack v. Tritch (U. S. Circ.).. 351 87. State court has, of foreclosure of mortgage by assignee. Burlingame v. Parce (Sup., N. Y.).
47.-Covenant of warranty in deed is barred by. Parker v. Bradford (Sup., Iowa).. 48.-ESTOPPEL. Bankrupt not exhibiting accounts can- not set up deficiency of creditors joining petition. P. & G. M. Co. v. Peale (U. S. Dist.)... 49. Entries on books of bankrupt not; nor making notes payable to another party proving claim against estate. In re Dodge (U. S. Dist.). 50.-EXAMINATION of bankrupt allowed in composi- tion. In re Ash (U. S. Dist.)... 51.-EXECUTION delivered to sheriff in New York becomes a lien without levy before voluntary as- signment. In re Paine (U. S. Dist.).... 52.-Lien of in good faith on individual property on firm debt against individual creditors. In re San- dusky (U. S. Dist.)..... 53.-EXEMPTION. Homestead; must be claimed in Ala- bama before sale; bankrupt and not State court may cure mistake in; mistake no defense in collateral action. Steele v. Moody (Sup., Ala.)... 54.-Partnership property not; or property purchased with firm funds. In re Melvin (U. S. Dist.)..... 55.-EVIDENCE. Admissions by bankrupt before assign- ment admissible against assignee. Van Sacks v. Kratz (Ct. Ann NY
94.--Discharge in bankruptcy no defense to mechanics' lien. Streeper v. McKie (Sup., Penn.)... 95.-When secured creditor has, without objection, proved claim without mentioning mechanics' lien, this does not release it as to third parties. Bassett v. Baird (Sup., Penn.). 96.-MANDAMUS. Does not lie where right of action exists. Discretion. People v. Campbell (Ct. App., N. Y.).. 97.-MORTGAGE. To secure future indebtedness valid. Mistake: foreclosure. Schultz v. Bolting (U. S. Dist.).
BANKRUPTCY Continued. 98.-Sale at auction not means of estimating value and creditor holding as security will not be permitted to prove residue after sale. In re Hunt (U. S. Dist.).... 332 99.-Creditor foreclosing in State court by leave of bank- ruptcy court, cannot prove for deficiency. In re Her- rick (U. S. Dist.).... 100.-NOTICE. Failing to notify creditor by clerical mis- take does not destroy effect of proceedings as to him. Thornton v. Hogan (Sup., Mo.). 101.-PARTIES. Any creditor may intervene on return day of petition. In re Jonas (U. S. Dist.) 102.-Assignee not necessary party in pending action by bankrupt. In re B. & P. Mfg. Co. (C. S. Dist.) 103.-PARTNERSHIP. The creditors who join in petition against, need not all be firm creditors; involuntary petition at instance of debtor. In re Matot (U.S. Dist.) 104.-Accommodation indorsement by partner does not bind firm. In re Irwin (U. S. Dist.) 105.-Note given by partners individually to secure firm debt a firm liability. In re Thomas (U. S. Dist.) 106.--Debt against, secured by pledge of one partner's prop- erty, must first be proved against firm as against cred- itors of partner. In re May (U. S. Dist.) 107.-Discharge of member of firm; when does not relieve firm from liabilities. Corey v. Perry (Sup., Me.). 108.-Composition by; refusal by one partner to carry on does not avoid as to those who do: including capital of supposed special partner in liabilities in good faith not fraud; special partner no vote. In re Henry (U. S. Dist.). 109.-Adjudication against by one without notice to the other partner void. In re Temple (U. S. Dist.). 110.-Dissolution of firm; formation of new firm; title to property. Crane v. Morrison (U. S. Dist.).. 111.-PLEADING. Petition by creditor corporation must set forth authority of officer making; amount and number of creditors must include all, large and small. In re Roche (U. S. Dist.) 112.-Residence jurisdictional fact and must be pleaded; residence members of partnership; variance. In re Beals (U. S. Dist.).. 113.-Petition for discharge should state debts clearly; firm and individual liabilities. Corey v. Perry (Sup., Me.)....
114.-In action to set aside fraudulent transfer. Hallack v. Tritch (U. S. Circ.)... 115.-Petition need state only that petitioners believe num- ber and amount are sufficient. P. & G. M. Co. v. Peale (U. S. Dist.)... 116.-PRACTICE. Order for testimony of unwilling witness under old Code, § 401, allowed in attachment. Allen v. Meyer (Ct. App., N. Y.)
117.-PREFERRED CLAIM. Orders drawn on specified fund entitled to be paid therefrom. In re Smith (U. S Dist., Mass.). 118.-Debt due agent of State on sale of State prop- erty is. In re Miller (U. S. Dist.).. 119.-PREFERENCE. Mere personal non-resistance to ju- dicial proceedings is not giving a. Tenth Nat. Bk. N. Y. v. Warren (U. S. Sup.).....
bankrupt, may set off grain converted by bankrupt. McCabe v. Winters. (U. S. Dist.).. 137.-STATE INSOLVENT LAWS. Bankruptcy law has not entirely superseded and compulsory proceedings under are not prohibited. Geery's Appeal (Ct. Er., Conn.)......
138. SURETYSHIP. Debt partly paid by surety may be proved in full; exchanged notes. Ex parte Harris, etc. (U. S. Dist.). 139.-Creditors in secured debts of principal entitled to mortgage given to secure bankrupt surety. Ex parte Morris (U. S. Dist.). 140.-Incoming
partner assuming debts; outgoing surety for; proof of debts of firm. In re Phelps (U. S. Dist.)
141.-Outgoing partner agreeing with ingoing one to pay firm debts a principal not a suret y. In re Phelps (U. S. Dist.).... 142.-Extension of time to principal discharges bank- rupt surety. Valley Nat. Bk. v. Meyers (U. S. Dist.). 351 143.-TAXATION. Property of bankrupt in hands of assign- ees liable to State taxation. Re Mitchell (U. S. Dist.) (in full.) 144.-TITLE. Assignee takes title to property of bankrupt subject to legal claims. Safford v Burgess (U. S. C., Vt.) 38 145.--To goods furnished to be sold; construction of con- tract. In re Denforth (U. S. Dist.). 146.--Possession of fixtures and outfit of manufactory does not create resumption of. In re Binford (U. S. Dist.).... 147.-TRADESMAN. Livery-stable keeper is. In re Odell (U. S. Dist.).... 148.-Liquor saloon keeper is. In re Sherwood (U. S. Dist. 272 149.-Firm carrying on farm and owning stock in manu- facturing corporation not. In re Stickney (U. S. Circ.) 372 BAR TO ACTION.-A satisfied judgment against one of several persons liable, bar to action against others. Cockroft v. Muller (Ct. App., N. Y.)..
BILL OF EXCHANGE.-Drawn and accepted by same parties may be treated as ordinary bill; custom as to damages in lieu of exchange; re-exchange; when re-exchange rises. Willans v. Ayres (Eng. P. C.)..... 212 2.-Cancellation without full payment not equivalent to payment as between payee and acceptor. Yglesias v. Mercantile Bank (Eng. Č. P. D.)... 3.-Acceptance; acceptor's name only written, not. Hind- paugh v. Blakey (Eng. C. P. D.).
BOUNDARIES.-Must be ascertainable by calls of deed. Lawrence v. Palmer (Ct. App., N. Y.). 2.-Fixed monuments do not control courses shown to be right. Higginbotham v. Stoddard (Ct. App., NY.). 190 3.- When description governs and when not line fence off true line. Jones v. Smith (Ct. App., N. Y.) 414 BROKERAGE.- Lien of brokers on cargo of sugar for only extends to what is due on the particular cargo. Barry v. Boninger (Ct. App., Md.)...... BURGLARY.-Opening inner door burglariously entering. Johnston v. Commonwealth (Sup., Pa.) (N. C.).....
123.-Creditor not actor in procuring, may prove debt. In re Black (U. S. Dist.)..
124.-PRIORITY. Creditor entitled to, can only claim out of assets of bankrupt estate; composition. In re Chamberlin (U. S. Dist.)..
129.-PROVISIONAL WARRANT. When it will not be va- cated. In re Clark (U. S. Dist.).... 130.-RECEIVER may prove debt of his estate in bankruptcy. In re Mills (U. S. Dist.).. 131.-REDEMPTION. Subsequent incumbrancer does not acquire benefit of, by assignee. In re Longfellow (U.S. Dist.).. 133.-Assignee may redeem bankrupt's property. Lloyd v. Lue (U. S. Dist.).... 133.-SALE. By assignee; purchaser takes property sub- ject to all equities. Steadman v. Taylor (Sup.. N. C.) 351 134.-Of goods; condition that vendor's title shall not pass valid. In re Binford (U. S. Dist.).. 135.-SET-OFF. Deposits in bank of bankrupt a security for his debt tolbank and debt may be set off by bank. Ex parte How. Nat. Bk. (U. S. D.) 136.-Debtor of bankrupt, purchasing storage receipt of
CARRIER OF PASSENGERS.-Steamboat company is liable for loss of passengers' baggage. Can. Nav. Co. v. M'Conkey (Q. B., Quebec). 2.-Railway company liable to boy on horse car by invi- tation of driver. Day v. Brooklyn R. R. Co. (Sup., N. Y.).... 3.-Contractor with company riding on pass not a gra- tuitous passenger, and stipulation against liability for carrier's negligence invalid. Grand Trunk Ry. Co. v. Stevens (U. S. Sup.) 131; (in full) 4.-Luggage. Railway companies carry as insurers. Macrow v. Gt. West. Ry. Co. (Eng. Q. B. D.) (note). 216 5.--Negligence. Contributory negligence of passen- ger contributing to injury, dressing fashionably is not. West Philada. Pass. R. R. Co. v. Whipple (Sup., Pa.) (N. C.)...... 6.-Contributory negligence of passenger causing in- jury, re-entering moving train to obtain change not Imputable to railroad company. P. C. & S. L. Ry. Co. v. Krouse (Sup., Ohio) (N. C.)... 7.-Steamboat Negligence. Passenger leaving boat temporarily while landed not contributory negli- gence. K. N. L. Pack. Co. v. True (Sup., III.). 8.-Not liable for luggage not under their control. Bergham v. Great East. Ry. Co. (Eng. Ct. App.) (N. C.) 298 9.-Luggage must be ready for delivery at end of jour- ney, when owner must remove it. Patscheider v. G. W. Ry. Co. (Eng. Exch. D.)...................
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