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390, 412, 452
133, 471, 489
127, 173, 19, 212, 271, 291, 312, 332
351, 372, 391, 413, 430, 472, 489, 513
251, 270, 290, 312, 350, 371, 453, 472
under civil rights law
uary, February and March numbers........ 60, 136, 216
and defense ; letters in either law or equity... 501
Congress may control, invalid State legislation.. 2777
233, 252, 291, 352, 372, 392, 431, 453, 473, 490
of State laws regarding transportation of cattle. 168
decision as to constitutionality of act relating to
ABSTRACTS, DIGESTS, NOTES OF CASES, AND CASES IN FULL.
ACCORD AND SATISFACTION.-Unperformed
agreements cannot be pleaded in. Brown v. Spotford
compliance with statutes of Tennessee; no statutory
great danger to life, is not negligence. River, etc.,
maintainable at common law. Mobile L. I. Co, V.
wrongful interference by agent with levy. Western
tion placed by third person in streets has action
tainable by one not holding stock. Hughes v. Vt.
ing to imprisonment. Lange v. Benedict (Ct. App.,
ances are civil actions. Prest. of Platteville v. Bell
judicial decision, but demand necessary.
legal contract. Davis v. L. & P. M. Ing. Co. (Eng. C.
able without proof of ability. Randage v. Lyman
used for building, impliedly covenants to give. Sid-
causing percolation of water renders owner erecting
be made in presence of. Leburlain v. Johnson (Sup.,
mainderman not in possession of lands held ad-
ADVERSE POSSESSION - Continued.
true line, gives title by. Smiih v. Mo Kay (Sup.
line beyond fence- mere claim of title does not
constitute. Ousby v. Jones (Ct. App., N. Y.). 491
representations of agent within the scope of his
bound by his representations ; ratification of repre-
not relieved by subsequent disclosure and action
against principal. Cobb v. Knapp (Ct. App., N. Y.).. 132
puted to principal Stanley v. Chamberlain (Sup.,
agent in procuring money from innocent parties.
sumption of; husband and wife. Dunn v. Hornbeck
dorse checks; ratification. Craighead v. Peterson
note is material as to surety. Wyman v. Yeomans
ation as to amount of attorney's fee in note, avoids.
surety. Heins v. Cargill (Sup., Me.) (N. C.)....... 358
for injury to animals without notice of vicious pro-
negligence; defense to action for injury, contribu-
creditor asking preference. Miller v. Wickham
volved, appealable to Court of Appeals. Collins v.
of verdict rendered so as to bring below $5,000 pre-
contrary to weight of evidence ; general term re-
able. Samuels v. Evening Mail (Ct. App., N. Y.).... 115
must state some question of law involved. Bastable
take security required on. O'Reilly v. Edrington (U.
mined by amount in controversy ($140.50) not by
Court of Appeals and when not. Allen v. Meyer (Ct.
to Court of Appeals. Cochrane v. Ingersoll (Ct.
default not appealable. Lawrenco v. Farley (Ct.
harm. Allis v. N. W. M. L. Ins. Co. (U. S. Sup.)... 474
the title to real estate must be in question to au-
thorize. Nichols v. Voorhis (Ct. App., N. Y.).... 491
appealable. Elwell v. Johnson (Ct. App., N. Y).... 511
arrest may be made with one wherein it may
same complaint, takes away right to arrest.
new Code, 8 558. Bowery Nat. Bank v. Duryee (Sup.,
negative right to arrest. Arrest may be upheld on
cluding manager of alms-house from witnessing per-
peaceably take possession and then resist attempt to
strictly followed. Officials must take their oaths in
are not assignable at common law or by statute.
in assignee on acceptance of trust and before bond
See Bunkruptcy, 8, 9, 10, 11.
BAILMENT - Continued.
as to property bailed. Clark v. United States (U.S.
according to warranty. S. supplied A. with other
hy. Safe Deposit Co. v. Pollock (Sup., Pa.) (N. C.). 199
vances fraudulently from innocent party does not
until object of, is accomplished ; bankrupt proceed-
essential to, against innocent purchaser from
law, and must be at some time in pledgee. Casey v.
ally drawn checks. Dorsey v. Abrams (Sup., Pa.)
Holden v. N. Y. & Erie Bank (Ct. App., N. Y.)..... 190
and writing paid does not charge bank with receipt
See Bankruptcy, 17; National Bank.
object of taxation and revenue, and revenue officer
amine. United States v. Mann (U. S. Sup.)..
of a policy is not an equitable assignment of fund
sion of property ; inability to give bonds will not
change rule. In re Oregon Iron Works (U. S. Dist.) 489
dormancy of judgment. Jenkins v. Stephens (Sup.,
noi as notary. Getzlaff v. Seliger (Sup., Wis.).... 250
that it was possible to do so, is not. Jaquins v.
rily compelled to pay over; not entitled to trial by
jury. Matter of Fincke (C. P., N. Y.) (N. C.)......... 479
implied warranty of title. Davie v. Lynch (Ct. App.,
from firmi debts. In re Plumb (U.S. Dist.)....
United States not liable to an involuntary proceed-
ing. In re Burton (U.S. Dist.)....
rupt as agent, principal may prove against goods.
lease bankrupt from civil. Brandon Nat. Bk. v,
commencement of action applies to all courts. Al-
paid by debtor may be recovered by assignee. Duf-
ted by bankruptcy conversion and order of State
director cannot buy up claims against, to protect
to her oh
appointed. Ex parte Tremont Nat. Bank (U. S. D.,
note tainted with usury, on ground that note is an
accommodation paper, has. In re Many (U.S. Dist.) 490
assignee, and not liable to execution issued before
broken does not invalidate. Hallack v. Tritch (U.S.
gagee for mortgaged property. Jones y. Miller (U.
$ 45, valid in hands of bona fide holder. Cowing v.
does not destroy character of. P. & G. M. Co. v.
straining creditor proper during pendency of. In
after dismissal of proceedings in bankruptcy dis-
inquired about before allowance. In re Herman (U.
estimating number and value of creditors under
$ 39. In re Crossette (U. S. Dist.)...
two hundred and fifty dollars should be counted.
valid consideration for new promise, not bar to
acquired is not; speculative and wagering contract.
ment, and employee may prove for damages. Ex
ing it valid. Sanford y. Huxford (Sup., Mich.).... 472
tachment; market value on day of sale. Long v.
not appealed from. In re Buchstein (U. S. Dist.)... 192
pending suits in State courts; not pleadable in ap-
pellate court. Higo v. Hoffman (Sup., La.).... 271
not set up deficiency of creditors joining petition.
notes payable to another party proving claim against
becomes a lien without levy before voluntary as-
firm debt against individual creditors. ' In re San-
bama before sale ; bankrupt and not State court may
with firm funds. In re Melvin (U. S. Dist.)..... 514
the judge and by clerk under seal, is suficient proof
S. R. S. need not charge intent to defraud generally.
United States v. Myers (U. S. Dist.).
to surety who has paid his debt not under $ 42. Cro-
judgment thereon enforceable notwithstanding
discharge. Lawrence v. Mckenzie (Sup., Ga.).... 313
proceedings, when valid and when invalid. Echer
fraudulent sale. Dickinson v. Adams (U. S. Dist.) 472
vent is not. Russell v. McCord (U, S. Dist.).... 490
guilty of laches and acquiescence. In re Court (U.
may maintain action to set aside without judgment.
ulent homestead. Johnson v. May (U. S. Cire.)... 111
Swearinger (U. S. Dist.)
estate ; bankruptcy court has jurisdiction ; wife's
equitable rights protected. In re Campbell (U. S. Dist.) 193
course insolvent; actual not constructive knowledge re-
proceedings allowable. In re B. & P. M'f'g Co. (U. S.
ruptcy, passes title. Hersey v. Ellis (Sup. Me.) (N. C.) 138
ing bankrupt pending proceedings for composition.
aside contrary to the interest of creditors. In re Dur-
yea (U. S. Dist.).....
assignee in bankruptcy Southern v. Fisher (Sup., S.C.) 37
discharge not pleaded. In re Ferguson (U. S. Circ.). .. 173
assets of bankrupts. Wente v. Young (Sup., N. Y.)... 212
need not be party to: Higo y. Hoffman (Sup., La.).... 271
partnership; variance. In re Beals (U. S. Dist.).. 271
tors of bankrupt. In re B. & P. M'f'g Co. (U. S. Dist.). 291
amount exceeds $500. Hallack v. Tritch (U. S.' Circ.).. 351
return day will give; withdrawals. In re Shefrer (U.S.
able cause, not mere suspicion. Grant v. First Nat.
assignee of lease. In re L. H. Manuf. Co. (U. S. Dist.) 418
claim without mentioning mechanies' lien, this does
Discretion. People v. Campbell (Ct. App., N. Y.)..
BANKRUPTCY - Continued.
creditor holding as security will not be permitted to
prove residue after sale. In re Hunt (U. S. Dist.).... 332
ruptcy, court, cannot prove for deficiency. In re Her-
take does not destroy effect of proceedings as to him.
Thornton v. Hogan (Sup., Mo.).
against, need not all be firm creditors; involuntary
debt a firm liability. In re Thomas (t. S. Dist.) ...... 212
erty, must first be proved against firm as against ered.
firm from liabilities. Corey v. Perry (Sup., Me) 412
does not avoid as to those who do: including capital
property. Crane v. Morrison (U. S. Dist.)..
set forth authority of officer making; amount and
Residence jurisdictional fact and must be pleaded;
firm and individual liabilities. Corey v. Perry (Sup.,
ber and amount are sufficient. P. & G. M. Co. v.
under old Code, S 401, allowed in attachment. Allen v.
Meyer (Ct. App., N. Y.)....
entitled to be paid therefrom. In re Smith (U. S Dist.,
dicial proceedings is not giving a. Tenth Nat. Bk.
erty of bankrupt to secure debt of creditor is.
signee ; preferred creditor cannot vote for assignee.
of assets of bankrupt estate ; composition. In re
articles for manufacture in bankrupt's possession.
rupt, holder of note can claim for whole amount
acquire benefit of, by assignee. In re Longfellow
ject to all equities. Steadman v. Taylor (Sup., N. C.) 351
for his debt tojbar:k and debt may be set off by bank.
entirely superseded and compulsory proceedings
proved in full; exchanged notes. Ex parte Harris,
mortgage given to secure bankrupt surety. Ex
surety for; proof of debts of firm. In re Phelps
rupt surety Valley Nat. Bk. v. Meyers (U. S. Dist.). 351
ees liable to State taxation. Re Mitchell (U. S. Dist.)
subject to legal claims. Safford v Burgess (U. S.C., Vi.) 38
does not create resumption of. In re Binford (U. S.
facturing corporation not. In re Stickney (U. S. Circ.) 372
of several persons liable, bar to action against others.
same parties may be treated as ordinary bill; custom
re-exchange rises. Willans v. Ayres (Eng. P. C.)..... 212
payment as between payee and acceptor. Yglesias v.
goods of boarder lost from servant's negligence, Smith
deed Lawrence v. Palmer (Ct. App., N. Y.)..
right. Higginbotham v. Stoddard (Ct. App., N Y.). 190
off true line. Jones v. Smith (Ct. App., N. Y.)
only extends to what is due on the particular cargo.
entering. Johnston v. Commonwealth (Sup., Pa.)
not in violation of statute. Ten Broeck v. Sherrill
company is liable for loss of passengers' baggage.
tation of driver. Day v. Brooklyn R. R. Co. (Sup.,
tuitous passenger, and stipulation against liability
Macrow v. Gt. West. Ry. Co. (Eng. Q: B. D.) (note). 216
ger contributing to injury, dressing fashionably is
jury, re-entering moving train to obtain change not
temporarily while landed not contributory negli-
gence. K. N L. Pack. Co. v. True (Sup., Ill.). 274
Bergham v. Great East. Ry. Co. (Eng. Ct.