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RAILWAY:

PAGE.
the, in relation to public and private interests;
Simon Sterne's address, notice of

476
companies and passengers ; luggage, note as to... 216
REAL ESTATE Journal, notice of.

216
RECEIVERS, control of ....

209
RECENT AMERICAN DECISIONS:
Illinois Supreme Court..

91
Maine Supreme Judicial Court..

390, 412, 452
Maryland Court of Appeals..

371
Massachusetts Supreme Judicial Court.

231, 311
New Jersey Supreme Court and Court of Errors. 171
Ohio Supreme Court and Supreme Court Commis-
sion..

133, 471, 489
Pennsylvania Supreme Court..

289, 513
Wisconsin Supreme Court..... 38, 193, 211, 250, 331, 370

430
RECENT BANKRUPTCY DECISIONS :. 37, 114

127, 173, 19, 212, 271, 291, 312, 332

351, 372, 391, 413, 430, 472, 489, 513
RECENT ENGLISH DECISIONS.. 126, 212, 232

251, 270, 290, 312, 350, 371, 453, 472
REFEREES to compute amount due; oaths of, 95
RELATION of Bloomingdale asylum to State; an-
other phase of question in Dartmouth college

403
REMOVAL OF CAUSES to Federal courts

under civil rights law
REPORT of New York State Bar Association . 435
REPRESENTATIONS as to credit, liability for.. 510
RESTRAINT of trade, covenant as to trade secrets,
note as to......

376
RETROSPECTIVE construction of statutes of
limitation..

183, 285
REVISION, future of

160
REVISION COMMITTEE of senate, proceed-
ings of

493
RIGHT of physicians testifying as experts to com-
pensation

242
REVESTA PENALE, de dothina legislazione, etc.,
notice of

256
SAFE EPOSIT COMPANIES, liability for loss
of deposits .

288
SALE of personal property, delivery on..

467
SALEM, curious law suit at...

396
SAN FRANCISCO Law Journal, notice of

60
change of name..

256
SAVINGS BANK deposits, opinion of attorney-
general as to construction of statute ...

516
SCLOPIS, Count, notice of death....

215
SCOTTISH LAW MAGAZINE, notice of Jan-

uary, February and March numbers........ 60, 136, 216
SERVICE of process and jurisdiction.

285
SHIP OWNERS, liability of

349
SMITH, E. Delafield, obituary notice of.

316
SOUTHERN LAW JOURNAL, notice of ....... 156
SOUTHERN LAW REVIEW, notices of... 256, 376
SPEAR'S, Dr., article on extradition, notice by Lon-
don Law Journal......

416
SPENCER, Herbert, on prison ethics, notice of.

136
ST. LOUIS, suit for $200,000 against ...

336
STATE LAWS regulating transportation of cattle,
validity of

168
STATE LEGISLATION:
altering charters, validity of ..

105
impairing obligation of contracts

245
STATUS of product of exempt property.

329
STATUTES OF LIMITATION:
retrospective construction of...

.183, 235
and dower..

287
STOCKHOLDER,liability of holder of stock as col-
lateral..

425

PAGE.
SUFFRAGEin cities ; Simon Sterne's address, notice
of

476
SUMMARY proceedings.

375
SURETY'S ESTATE, liability of..

215
SURETIES, the way out for.......

176
SUPPRESSIO VERI, both as a ground of action

and defense ; letters in either law or equity... 501
TAFT ex-Attorney General, nomination of, to Supe-
rior Court, Cincinnati...

256
TAILER, H. A., obituary notice of....

236
TALFOURD, Sumner on

80
TAXATION:
of assignees in bankruptcy..

28
of mortgages, (correspondence).

155
of persons residing in two places.

261
by inunicipality of its own bonds.

321
of national banks.

344
TAXES, recovery of money paid for, wrongfully as-
sessed

120
TELEGRAPHS:

Congress may control, invalid State legislation.. 2777
government control over....

306
THREE GREAT law breakers.

440
TINDAL, Chief Justice, Sumner on..

81
TOBEY, Franklin W., obituary notice of.

376
TRADE-MARKS, infringement of...

229
TRANSFER OF SHARES in national banks.... 146
TREMAIN, Grenville, obituary notice of,.... 236
TRIAL of extradited criminals for offenses not
named in treaty...

325
UNITED STATES as party; Lee v. Kauffman.... 236
UNITED STATES SUPREME COURT AB-
STRACT, 15, 34, 55, 73, 89, 107, 131, 153, 160, 194, 213

233, 252, 291, 352, 372, 392, 431, 453, 473, 490
UNITED STATES SUPREME COURT, allot-
ment of justices among circuits

336
USURY by national banks.......

.345, 410
UTAH DI VORCES, validity of.

451
VACATION of office, query as to

135
VALENCIA, ancient tribunal in

516
VALIDITY:

of State laws regarding transportation of cattle. 168
of State legislation altering corporate charters... 105
of Utah divorces

451
of Virginia funding act

387
VAUGHAN, Judge, Sumner on...

81
VERMONT, divorce actions in..

336
VETO of Code amendments..

496
VIRGINIA:

decision as to constitutionality of act relating to
coupons on bonds noticed.

356
funding act, validity of...

387
WADE, B. T., obituary notice of....

196
WASHINGTON LAW REPORTER, change
of editors.

60
WEBSTER:
Daniel, Harvey's reminiscences of..

24
Pinkney and, correspondence as to

115
WHAT constitutes delivery on sale of personal prop-
erty....

467
is due process of law.
WILDE, Lord Chancellor, Sumner on ........

80
WILLFUL burning, proof of, in insurance actions... 226
WISCONSIN, amendment of Constitution, increas-
ing judges

198
WOMEN, veracity of

60
WOOD on Fire Insurance, announcement of...
WELLES, Gideon, notice of death....

156

INDEX

TO

ABSTRACTS, DIGESTS, NOTES OF CASES, AND CASES IN FULL.

PAGE.

ACCORD AND SATISFACTION.-Unperformed

agreements cannot be pleaded in. Brown v. Spotford
(U. S. Sup.) (in full)..

31
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.).....

55
ACT OF GOD.--Crew abandoning vessel by reason of

great danger to life, is not negligence. River, etc.,
Commissioners v. Adaamson (Eng. H. L.)....

128
ACTION.-For death from negligence or design not

maintainable at common law. Mobile L. I. Co, V.
Bramo (U.S. Sup.) (in full).

84
2.-To confiscate debt is a proceeding in rem. City of Al-
exandria v. Fairfax (U. S. Sup.)....

182
3.--Seduction of daughter and enticing away servant
maintainable. Noice v. Brown (Sup., N. J.).

171
4.-Not maintainable against railroad company for

wrongful interference by agent with levy. Western
R. R. Co. v. Thomas (Sup., Ga.)....

172
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.)

214
6.-Against corporation to recover dividends not main-

tainable by one not holding stock. Hughes v. Vt.
Cop. Min. Co. (Ct. App., N. Y.)....

234
7.-Does not lie against judge for erroneously sentenc-

ing to imprisonment. Lange v. Benedict (Ct. App.,
N. Y.)...

234
8.-Penal actions for violating, mere municipal ordin-

ances are civil actions. Prest. of Platteville v. Bell
(Sup., Wis.).....

371
9.-May be maintained for money paid under errone-

judicial decision, but demand necessary.
Echoley v. Halsey (Ct. App., N. Y.).

432
10.-When on contract and when not. Cox v. McLaugh-
lin (Sup., Cal.)

434
11.-On contract for personal services, when it accrues.
Powers v. Wilson (Sup., Iowa)..

434
12.-Lies for money deposited with third party upon a

legal contract. Davis v. L. & P. M. Ing. Co. (Eng. C.
D.) (N. C.).....

478
13.-On promise to pay debt when able, not maintain-

able without proof of ability. Randage v. Lyman
(Sup., Mass.). .

493
See Bankruptcy, 1, 2; Life Insurance, 14; Negligence, 17;

Seduction,
ADJACENT SUPPORT.-Vendor of lands to be

used for building, impliedly covenants to give. Sid-
dons v. Short (Eng. C. P. D.)...

127
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).

379, 469
2.---Liability for surface water escaping from streets.
Wakefield v. New (Sup., R. I.)..

302
ADMIRALTY LAW.-See Maritime Law.
ADMINISTRATORS.--Sale of real estate by, must

be made in presence of. Leburlain v. Johnson (Sup.,
I11.) (N. C.).....

62
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.)

35
2.-Line fence off line for convenience does not consti-

ADVERSE POSSESSION - Continued.

PAGE
3.- Line fence mutually agreed upon, though off of

true line, gives title by. Smiih v. Mo Kay (Sup.
Com., Ohio).

471
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.). 491
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).

71
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.).

41
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.)....?

171
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.
Sup.) (in full)..

131, 188
6.--Agent cannot act for two principals. Meyer v.
Hanchett (Sup., Wis.)...

191
7.-Evidence of; usual course of dealing affords pre-

sumption of; husband and wife. Dunn v. Hornbeck
(Ct. App., N. Y.).

214
8.--Construction of power of attorney to draw and in-

dorse checks; ratification. Craighead v. Peterson
(Ct. App., N. Y.)....

214
9.--Agent of trustee cannot bind trust estate. New
v. Nicoll (Ct. App., N. Y.)....

292
10.-Principal liable for acts of agent within apparent
authority. Kasson v. Noltner (Sup., Wis.)..

430
See Auctioneers.
ALTERATION.- Alteration in date of promissory

note is material as to surety. Wyman v. Yeomans
(Sup., II.)......

91
2.--Alteration of power of attorney renders it void; alter-

ation as to amount of attorney's fee in note, avoids.
Burwell v. Orr (Sup., m.).

91
3.-Changing names of payees material. Oldrich v.
Hackley (Sup., Mich.)

113
4.-Changing number of municipal bond is. Force v.
City of Elizabeth (Ch. N. J.) (N. C.). ...

159
5.-Presumption of honesty in. Hoey v. Jarman (Sup.,
N. J.)

171
6.-Changing from order to bearer is material. Un. Nat.
Bk. v. Roberts (Sup., Wis.)

250
7.-01 note from $500 to $400 material discharging

surety. Heins v. Cargill (Sup., Me.) (N. C.)....... 358
ANCIENT LIGHTS.-Not favored in this country.
Shipman v. Bass...

23
See Easement.
ANIMALS. - Dogs, owner of dog trespassing liable

for injury to animals without notice of vicious pro-
pensity. Chanot v. Lassen (Sup., Wis.)....

370
2.-Injury by dog; liability of owner for, not based on

negligence; defense to action for injury, contribu-
tory negligence not; offering dog candy. Lynch v.
McNally (Ct. App., N. Y.)......

414
APPEAL.- Order not affecting substantial right;

creditor asking preference. Miller v. Wickham
(Ct. App., N. Y.).

36
2.-Order allowing alimony, when question of law in-

volved, appealable to Court of Appeals. Collins v.

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APPEAL- Continued.

PAGE.
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.)...

90
4.-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.)....

132
6.-
To United States Supreme Court ; judge alone can

take security required on. O'Reilly v. Edrington (U.
S. Sup.)

153
7.-To Court of Appeals ; right under $500: limit deter-

mined by amount in controversy ($140.50) not by
judgment ($513.84.) Brown v. Sigourney (Ct. App.,
N. Y.).

173
8.-On question of fact; burden of proof is with appel-
lant. Steamboat v. Rideout (U S. Sup.)..

233
9.-Order granting attachment when appealable to

Court of Appeals and when not. Allen v. Meyer (Ct.
API)., N. Yj...

272
10.- Arrest; refusing to grant order for, not appealablo

to Court of Appeals. Cochrane v. Ingersoll (Ct.
App., N. Y.)....

313
11.- Discontinuance by party appealing, may be allowed.
Mackey v. Lewis (Ct. App., N. Y.).

352
12. - To Court of Appeals; discretionary order opening

default not appealable. Lawrenco v. Farley (Ct.
App., N. Y).
).....

373
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.).... 491
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.)

56
2.-Complaint must set forth grounds of arrest under

new Code, 8 558. Bowery Nat. Bank v. Duryee (Sup.,
N. Y)...

196
3.-Vacating order under Code, $ 558 ; complaint must

negative right to arrest. Arrest may be upheld on
affidavits. Sloane v. Livermore (Sup., N. Y.).

....... 336
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.)...

311
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.).

511
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.)...

57
ASSIGNMENT-Claims against the United States

are not assignable at common law or by statute.
United States v. Gillis (Sup. Ct., U.S.)..

15
2.-In assignment of claim already sued, assignee
takes burdened with costs. Barton v. Speis (Ct. App.,

292
ASSIGNMENT FOR CREDITORS-Title vests

in assignee on acceptance of trust and before bond
filed. Assignees accepting may not renunciate.
assignees must join in deed of real estate. Brennan
v. Wilson (Ct. App., N. Y.)

132
2.-Action against assignor will not be stayed. Butler
v. Thompson (Co. Ct., N. Y.)...

248
6.-With preferences valid except as against the bank-
rupt act. Williams v. Pitts (Sup., N. Y.).

See Bunkruptcy, 8, 9, 10, 11.
ATTORNEY.-Lien of, for costs is not defeated by

BAILMENT - Continued.

PAGE,
2.-Possession by pledgee is essential to a pledge. Sey-
mour v. Colburn (Sup., Wis.).

38
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)....

83
5.-Safe deposit companies, what constitutes negligence

hy. 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.)...

212
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
iinpair rights. Yeatman v. N. 0. Sav. Inst. (U. S.
Sup.).....

213
8.- Pledge of personal property, possession in pledges

essential to, against innocent purchaser from
pledgor. Mosher v. Smith (Sup., Me.)..

391
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.)...

453
BANK:--Certification; cashier may not certify unusu-

ally drawn checks. Dorsey v. Abrams (Sup., Pa.)
(in full.).....

189
2.-Knowledge of president of, imputable to bank.

Holden v. N. Y. & Erie Bank (Ct. App., N. Y.)..... 190
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.)....

350
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 er-

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.).....

74
See Bankruptcy, 23 ; Negotiable Instrument.
BANKRUPTCY.--ACTION. Bankrupt may continue
to prosecute pending. Towle v. Davenport (Sup., N.

1:27
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

H)

212

N. Y.).......

All

dormancy of judgment. Jenkins v. Stephens (Sup.,
Ga). ....

191
2.-Employed to draw mortgage acts as attorney and

noi 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.)..

333
4.-Has lien on securities left in his hand for his ser-
vices. McPherson v. Cox (U. S. Sup.)...

373
5.-Contempt by, what does not constitute. People v.
Randall (Ct. App., N. Y.)....

414
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.)......... 479
AUCTIONEERS.-Not disclosing principal liable on

implied warranty of title. Davie v. Lynch (Ct. App.,
Tex.) (N. C.)..

498
BAILMENT.-A bailee for custody of goods is not

from firmi 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.).

372
6.-ALIEN AGE not defense to violation of bankrupt
law. Olcott v. McLean (Ct. App., N. Y.).

314
7.-ARREST. Adjudication of bankruptcy does not re-

lease bankrupt from civil. Brandon Nat. Bk. v,
Hatch (Sup., N. H.).....

127
8.-ASSIGNMENT FOR CREDITORS superseded by. Dol-
son v. Kerr (sup., N. Y.).

37
9.-Will prevent discharge is made to prefer a creditor.
In re Croft (U.S. Dist.)....,

391
10.-Defeats execution though statute not complied
with. In re Croughwell (U. S. Dist.)..

430
11.--May be set aside within six months from making.
In re Temple (U.S. Dist.).

431
12. -ATTACHMENT Provisions of old Code, 8 227, as to

commencement of action applies to all courts. Al-
len v. Meyer (Ct. App., N. Y.)..

272
13.--Surety on attachment bond not released by dis-
charge. In re Albrecht (U.S. Dist.)..

351
14.-Discharged by operation of law and attached debt

paid by debtor may be recovered by assignee. Duf-
Held v. Horton (Ct. App., N. Y.).

491
15. --Sale of perishable goods sued on attachment vaca-

ted by bankruptcy conversion and order of State
court for sale no protection to sheriff ; and that
judgment has been obtained by assignee against
judgment creditor no defense; title of assignee
relates back to filing petition and dissolves attach-
ments under four months' standing, Long y. Con-
ner (U.S. Dist.).....

513
16.-AUCTION. Good reason should be shown for sale by
assignee at. In re Duryea (U. S. Dist.).

479
17.BANK. Proceedings against end existence, but

director cannot buy up claims against, to protect

presumad

to her oh

BANKRUPTCY- Continued.

PAGE.
18.-BANKRUPT is trustee of his estate until assignee is

appointed. Ex parte Tremont Nat. Bank (U. S. D.,
Mass.)...

37
19.-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.)........

351
21. - Mortgagor retaining, possession after condition

broken does not invalidate. Hallack v. Tritch (U.S.
Circ.).....

351
22.--Assignee cannot maintain trover against mort-

gagee for mortgaged property. Jones y. Miller (U.
S. Circ.)....

391
23.-CHECK given in contravention of bankrupt law,

$ 45, valid in hands of bona fide holder. Cowing v.
Altman (Ct. App., N. Y.).....

133
24.-COMMERCIAL PAPER; agreement to defer payment

does not destroy character of. P. & G. M. Co. v.
Peale (U. S. Dist.)....

430
25.--COMPOSITION. Limit of examination of debtor.
Re Proby (U. S. Dist.) (in full)..

167
26.--Court has no power to prevent in proper case. Mat-
ter of Allen (Ư. S. Dist.) (in full)...

170
27.-Refusal of creditor to take money on, not con-
tempt. In re Hinsdale (U.S. Dist.)...

173
28.-Debts created by fraud bound by; injunction re-

straining creditor proper during pendency of. In
re Shafer (U. S. Dist.)....

271
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.).

312
30.--Creditors, where debts are not proved, may not
vote as to. In re Mathers (U. S. Dist.).

332
31. Cannot be set aside for fraud suspected but not

inquired about before allowance. In re Herman (U.
S. Dist.)....

412
32.-Practice; examination of creditors, conduct of,
limit of. In re Tift (U. S. Dist.)...

514
33.-COMPUTATION. Secured creditor not counted in

estimating number and value of creditors under

$ 39. In re Crossette (U. S. Dist.)...
34.-Of number and amount of creditors those less than

two hundred and fifty dollars should be counted.
In re Blair (U. S. Dist.)

473
35.-CONSIDERATION. Debt discharged by bankruptcy

valid consideration for new promise, not bar to
action for fraudulent conveyance. Dewey v. Moyer
(Ct. App., N. Y.)

214
36. CONTEMPT. Neglecting to pay marshal's fees not.
In re A. M. L. Ins. Co. (U. S. Dist.)...

430
37.- CONTRACT to forbear proceedings in, against debtor,
valid. Ecker v. Brown (Ct. App., Md.)...

173
38.-Illegal contract, sale of property to be thereafter

acquired is not; speculative and wagering contract.
Clark y. Foss (Ú. $. Dist.).

351
39.--Filing petition is breach of contract of employ-

ment, and employee may prove for damages. Ex
parte Pollard (Ů. S. Dist)...

372
40.- To procure adjudication against firm of one mak-

ing it valid. Sanford y. 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.)

513
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.).... 271
44.---Lien of judgment not proved not released by.
Darley v. Mumpford (Sup., Ga.)..

312
45. -Homestead; bars claim for purchase-money of.
Harkins v. Wall (Sup., N. C.)...

391
46. -Payment does not operate as. Ludeling v. Fenton
(Sup., La.)..

391
47. ---Covenant of warranty in deed is barred by. Parker
v. Bradford (Sup., Iowa)..

472
48.--ESTOPPEL. Bankrupt not exhibiting accounts can-

not set up deficiency of creditors joining petition.
P. & G. M. Co. v. Peale (U. S. Dist.)...

430
49.-Entries on books of bankrupt not; nor making

notes payable to another party proving claim against
estate. In re Dodge (U.S. Dist.).

490
50.-EXAMINATION of bankrupt allowed in composi-
tion. In re Ash (U. S. Dist.)...

192
51.-EXECUTION delivered to sheriff in New York

becomes a lien without levy before voluntary as-
signment. In re Paine (U, S. Dist.)...

192
52.---Lien of in good faith on individual property on

firm debt against individual creditors. ' In re San-
dusky (U. S. Dist.).....

43
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.).

173
54.--Partnership property not; or property purchased

with firm funds. In re Melvin (U. S. Dist.)..... 514
55.-EVIDENCE Admissions by bankrupt before assign-

BANKRUPTCY- Continued.

PAGE
56. --Certificate of discharge in bankruptcy, signed by

the judge and by clerk under seal, is suficient proof
of fact. Miller v. Chandler (Sup., La.)

372
57.-FALSE PRETENSES, indictment for, under 85132, 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
Ilellmar (U. S. Dist.)

130
59.--FIDUCIANY DEBT. Liability of defaulting guardian

to surety who has paid his debt not under $ 42. Cro-
mer v. Cromer (Sup. Ct. App., Va.)..

114
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.).... 313
61.-Factor's debt to his principal is not within $ 33.
Keime v. Gratl (U.S. Circ.)

392
62.-FORBEARANCE. Contract for as to bankruptcy

proceedings, when valid and when invalid. Echer
v. McAllister (Ct. App., Md.)...

192
63.-FRAUD. Under $ 3:3 means positive and not implied
fraud. Neal v. Scruggs (U. 8. Sup.).

161
64.--Composition does not discharge debts contracted
by. Libbey v. Strasburger (Sup., N. Y.)...

413
65.-Knowledge in vendee must be shown to set aside

fraudulent sale. Dickinson v. Adams (U. S. Dist.) 472
6o.-Sale by one partner to another where a firm is ingol-

vent is not. Russell v. McCord (U, S. Dist.).... 490
67.-Proceedings will not be vacated for, when applicant

guilty of laches and acquiescence. In re Court (U.
$. Dist.)...

514
68.-FRAUDULENT CONVEYANCE; assignee on bankruptcy

may maintain action to set aside without judgment.
Southard v. Benner (Ct. App., N. Y.)

511
69.-- HOMESTEAD. Sum allowed for, in other premises, fraud-

ulent homestead. Johnson v. May (U. S. Cire.)... 111
70. --Tenant on common entitled to, in Nevada. In re

Swearinger (U. S. Dist.)
71.-Lands claimed to be exempt by, must be laid off.
Darsey v. Mumpford (Sup., Ga.):

312
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.)

291
774.--INTEREST on claim accruing after commencment of

proceedings allowable. In re B. & P. M'f'g Co. (U. S.
Dist.)

291
75.-INDORSEMENT. Protest and notice not necessary to
charge bankrupt. Ex parte Russell (U. S. Dist).

127
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 )

173
78.-Not allowed against creditor after lapse of time for
composition. In re Nebenzahl (U. S. Dist.)..

193
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 y. Hoffman (Sup., La.).... 271
84.-Residence a jurisdictional fact and must be shown ;

partnership; variance. In re Beals (U. S. Dist.).. 271
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.)...

372
88.-The required capital and amount joining in petition on

return day will give; withdrawals. In re Shefrer (U.S.
Dist.)...

431
89. State courts have, of action by assignee in bankruptcy.
Kidder v. Horribin (Ct. App. N. Y.).....

433
90.-KNOWLEDGE of insolvency must be founded on reason-

able cause, not mere suspicion. Grant v. First Nat.
Bank (U.S. Sup.) (in full.);

367
91.--LEASE. If valid against bankrupt valid against as-
signee. Goss v. Coffin (Sup., Me.)

399
92.-Assignee never in possession of 'leased premises not

assignee of lease. In re L. H. Manuf. Co. (U. S. Dist.) 418
93.--Lien. Rights of lien creditor. Bucknam v. Dana (U.
S. Dist.)

127
94.--Discharge in bankruptcy no defense to mechanics'
lien. Streeper v. Mckie (Sup., Penn.)...

318
95.-When secured creditor has, without objection, proved

claim without mentioning mechanies' lien, this does
not release it as to third parties. Bassett v. Baird
(Sup., Penn.).

313
96.-MANDAMUS. Does not lie where right of action exists.

Discretion. People v. Campbell (Ct. App., N. Y.)..

472

PAGE

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.)....

392
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. Š. Dist.).

1:27
102. --Assignee not necessary party in pending action by
bankrupt. In re B. & P. Mfg. Co. (C. S. Dist.)

281
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.)

197
104. -Accommodation indorsement by partner does not
bind firm. In re Irwin (U. S. Dist.)

193
105.- Note given by partners individually to secure firm

debt a firm liability. In re Thomas (t. S. Dist.) ...... 212
106.-Debt against, secured by pledge of one partner's prop-

erty, must first be proved against firm as against ered.
itors of partner. In re May (U. S. Dist.)..

313
107.--Discharge of member of firin; when does not relieve

firm from liabilities. Corey v. Perry (Sup., Me) 412
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.)

413
109.-Adjudication against by one without notice to the
other partner void. In re Temple (U. S. Dist.)

431
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.)....

111
112.-

Residence jurisdictional fact and must be pleaded;
residence members of partnership; variance. In re
Beals (U. S. Dist.).....

271
113.--Petition for discharge should state debts clearly ;

firm and individual liabilities. Corey v. Perry (Sup.,
Me.)...

291
114.-In action to set aside fraudulent transfer. Hallack
v. Tritch (U. S. Circ.).

351
115.--Petition need state only that petitioners believe num-

ber and amount are sufficient. P. & G. M. Co. v.
Peale (U. S. Dist.)..

430
116.--PRACTICE. Order for testimony of unwilling witness

under old Code, S 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.)

37
118.--Debt due agent of State on sale of State prop-
erty is. In re Miller (U. S. Dist.).

490
119.-PREFERENCE. Mere personal non-resistance to ju-

dicial proceedings is not giving a. Tenth Nat. Bk.
N. Y. v. Warren (U. S. Sup.)...

73
120.

erty of bankrupt to secure debt of creditor is.
re Stein (U. S. Dist.)....

173
121.-Creditor receiving, may not institute proceed-
ings. Ecker v. McAllister (Ct. App., Md.)..

192
122.--Surrender of proceeds of, can be made to as-

signee ; preferred creditor cannot vote for assignee.
In re Parham (U. S. Dist.)...

372
123.--Creditor not actor in procuring, may prove debt.
In re Black (U. S. Dist.).

473
124.-PRIORITY. Creditor entitled to, can only claim out

of assets of bankrupt estate ; composition. In re
Chamberlin (U. S. Dist.)...

213
125.-Claim of United Siates entitled to. In re B. & P.
Mfg. Co. (U.S. Dist.).

291
126.--Employee not entitled to, for damages for breach
of contract. In re Pevear (U. S. Dist.)...

414
127.-When party not entitled to; election of remedy;

articles for manufacture in bankrupt's possession.
In re Oberhoffer (U. S. Dist.). .....

514
128.-PROMISSORY NOTE.- Maker and indorser bank-

rupt, holder of note can claim for whole amount
against both. N. Mt. Wollaston Bk. V. Porter (Sup.,
Mass.).

391
129.-PROVISIONAL WARRANT. When it will not be va-
cated. In re Clark (U. S. Dist.)..

514
130.-RECEIVER may prove debt of his estate in
bankruptcy. In re Mills (U. S. Dist.)..

414
131.-REDEMPTION. Subsequent incumbrancer does not

acquire benefit of, by assignee. In re Longfellow
(U. S. Dist.)..

193
133.-Assignee may redeem bankrupt's property. Lloyd
v. Luo (U. S. Dist.)....

291
133.-SALE. By assigneo; purchaser takes property sub-

ject to all equities. Steadman v. Taylor (Sup., N. C.) 351
134.-01 goods ; condition that vendor's title shall not
pass valid. In re Binford (U. S. Dist.)...

431
135.-SET-OFF. Deposits in bank of bankrupt a security

for his debt tojbar:k and debt may be set off by bank.
Ex parte How. Nat. Bk.(U.Ş. D.).

38

BANKRUPTCY- Continued.

PAGE
bankrupt, may set off grain converted by ban krupt.
McCabe v. Winters. (U.S. Dist.)..

22
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.).

114
139.-Creditors in secured debts of principal ertitled to

mortgage given to secure bankrupt surety. Ex
parte Morris (U. S. Dist.).

173
140.-Incoming partner assuming debts; outgoing

surety for; proof of debts of firm. In re Phelps
(U. S. Dist.)

272
141.--Outgoing partner agreeing with ingoing one to
pay firm debts a principal not a surety.

In re
Phelps (U. S. Dist.)....

272
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.)

26
144.-TITLE. Assignee takes title to property of bankrupt

subject to legal claims. Safford v Burgess (U. S.C., Vi.) 38
145.-- To goods furnished to be sold ; construction of con-
tract. In re Denforth (U. S. Dist.)

114
146.-Possession of fixtures and outfit of manufactory

does not create resumption of. In re Binford (U. S.
Dist.)....

131
147.-TRADESMAN. Livery-stable keeper is. In re Odell (U.
S. Dist.)....

213
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.)..

109
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 payınent not equivalent to

payment as between payee and acceptor. Yglesias v.
Mercantile Bank (Eng. E. P. D.).

212
3.-Acceptance; acceptor's name only written, not. Hind-
paugh v. Blakey (Eng. C. P. D.)...

.312, 350
See Negotiable Instrument.
BOARDING-HOUSE KEEPER. - Liable for

goods of boarder lost from servant's negligence, Smith
1. Reed (N. Y, C, P.) (N. C.)

499
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., N Y.). 190
3.- When description governs and when not ; line fence

off true line. Jones v. Smith (Ct. App., N. Y.)
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.)...

371
BURGLARY.- Opening inner door burglariously

entering. Johnston v. Commonwealth (Sup., Pa.)
(N, C.).....

188
CANALS.-Appropriation of land for repair of, when

not in violation of statute. Ten Broeck v. Sherrill
(Ct. App., N. Y.)........

57
CARRIER.-See Common Carrier.
CARRIER OF PASSENGERS.-Steamboat

company is liable for loss of passengers' baggage.
Can. Nav. Co. v. M'Conkey (Q. B., Quebec)

58
2.-Railway company liable to boy on horse car by invi-

tation of driver. Day v. Brooklyn R. R. Co. (Sup.,
N. Y.)....

38
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)

166
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. y. Whipple
(Sup., Pa.) (N. C.)....

218
6.-Contributory negligence of passenger causing in-

1990

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.)..

239
7.-Steamboat Negligence. Passenger leaving boat

temporarily while landed not contributory negli-

gence. K. N L. Pack. Co. v. True (Sup., Ill.). 274
8.-Not liable for luggage not under their control.

Bergham v. Great East. Ry. Co. (Eng. Ct.
9.-Luggage must be ready for delivery at P.) (N. C.) 298

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