« SebelumnyaLanjutkan »
the, in relation to public and private interests;
Simon Sterne's address, notice of
companies and passengers; luggage, note as to....
REAL ESTATE Journal, notice of...
RECEIVERS, control of...
RECENT AMERICAN DECISIONS:
Illinois Supreme Court...
390, 412, 452
Maine Supreme Judicial Court...
Maryland Court of Appeals...
Massachusetts Supreme Judicial Court.
New Jersey Supreme Court and Court of Errors.. 171
Ohio Supreme Court and Supreme Court Commis-
133, 471, 489
Pennsylvania Supreme Court.
Wisconsin Supreme Court..... 38, 193, 211, 250, 331, 370
RECENT BANKRUPTCY DECISIONS.. 37, 114
127, 173, 192, 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
REMOVAL OF CAUSES to Federal courts
under civil rights law...
REPORT of New York State Bar Association ..
REPRESENTATIONS as to credit, liability for.. 510
RESTRAINT of trade, covenant as to trade secrets,
note as to....
RETROSPECTIVE construction of statutes of
REVISION, future of
REVISION COMMITTEE of senate, proceed-
RIGHT of physicians testifying as experts to com-
REVESTA PENALE, de dothina legislazione, etc.,
SAFE DEPOSIT COMPANIES, liability for loss
altering charters, validity of.
impairing obligation of contracts
STATUS of product of exempt property.
STATUTES OF LIMITATION:
retrospective construction of....
STOCKHOLDER,liability of holder of stock as col-
SALE of personal property, delivery on..
SALEM, curious law suit at....
SAN FRANCISCO Law Journal, notice of
change of name.
SAVINGS BANK deposits, opinion of attorney-
general as to construction of statute
SCLOPIS, Count, notice of death....
SCOTTISH LAW MAGAZINE, notice of Jan-
uary, February and March numbers.... 60, 136, 216
SERVICE of process and jurisdiction..
SHIP OWNERS, liability of
SMITH, E. Delafield, obituary notice of....
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.......
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
Mobile L. I. Co. v.
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-
maintainable at common law.
Brame (U. S. Sup.) (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.)..
7.-Does not lie against judge for erroneously sentenc-
ing to imprisonment. Lange v. Benedict (Ct. App.,
8.-Penal actions for violating, mere municipal ordin-
ances are civil actions. Prest. of Platteville v. Bell
9.-May be maintained for money paid under errone-
judicial decision, but demand
Scholey v. Halsey (Ct. App., N. Y.)..
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
See Bankruptcy, 1, 2; Life Insurance, 14; Negligence, 17;
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 - Continued.
3.- Line, fence mutually agreed upon, though off of
true line, gives title by. Smith v. McKay (Sup.
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
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.,
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).
6.-Agent cannot act for two principals. Meyer v.
Hanchett (Sup., Wis.)..
7.-Evidence of; usual course of dealing affords pre-
sumption of; husband and wife. Dunn v. Hornbeck
(Ct. App., N. Y.)...
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.).....
10.-Principal liable for acts of agent within apparent
authority. Kasson v. Noltner (Sup., Wis.)...
ALTERATION.- Alteration in date of promissory
note is material as to surety. Wyman v. Yeomans
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., Ill.).
3.-Changing names of payees material. Oldrich v.
Hackley (Sup., Mich.)
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.,
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...
ANIMALS.-Dogs, owner of dog trespassing liable
for injury to animals without notice of vicious pro-
pensity. Chanot v. Lassen (Sup., Wis.).....
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.).....
APPEAL.- Order not affecting substantial right;
creditor asking preference. Miller v. Wickham
(Ct. App., N. Y.)
2.-Order allowing alimony, when question of law in-
volved, appealable to Court of Appeals. Collins v.
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.)...
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. Ý.).... 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.
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.,
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.)...
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.,
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.
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.,
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.).
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-
rupt act. Williams v. Pitts (Sup., N. Y.).
See Bankruptcy, 8, 9, 10, 11.
ATTORNEY.-Lien of, for costs is not defeated by
dormancy of judgment. Jenkins v. Stephens (Sup.,
2.-Employed to draw mortgage acts as attorney and
not as notary. Getzlaff v. Seliger (Sup., Wis.).
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.)....
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.)..... 479
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 authoritu
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.
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.
BANK.-Certification; cashier may not certify unusu-
ally drawn checks. Dorsey v. Abrams (Sup., Pa.)
-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.
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.).
6.-ALIENAGE not defense to violation of bankrupt
law. Olcott v. McLean (Ct. App., N. Y.)..
7.-ARREST. Adjudication of bankruptcy does not re-
lease bankrupt from civil. Brandon Nat. Bk. v.
Hatch (Sup,, N. H.).
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 (Ü. S. Dist.)..
11.--May be set aside within six months from making.
In re Temple (U. S. Dist.).
12.-ATTACHMENT. Provisions of old Code, § 227, as to
commencement of action applies to all courts. AI-
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-
Held v. Horton (Ct. App., N. Y.).
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 v. Con-
ner (U. S. Dist.)...
16.-AUCTION. Good reason should be shown for sale by
assignee at. In re Duryea (U. S. Dist.)...
17.-BANK. Proceedings against end existence, but
director cannot buy up claims against, to protect
18.-BANKRUPT is trustee of his estate until assignee is
appointed. Ex parte Tremont Nat. Bank (U. S. D.,
9.-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.
22.-Assignee cannot maintain trover against mort-
gagee for mortgaged property. Jones v. Miller (U.
(Ct. App., N. Y.) ....
36. CONTEMPT. Neglecting to pay marshal's fees not.
In re A. M. L. Ins. Co. (U. S. Dist.)..
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.)...
37.-CONTRACT to forbear proceedings in, against debtor,
valid. Ecker v. Brown (Ct. App., Md.).....
38.-Illegal contract, sale of property to be thereafter
acquired is not; speculative and wagering contract.
Clark v. Foss (Ú. Š. Dist.).
39.-Filing petition is breach of contract of employ-
ment, and employee may prove for damages. Ex
parte Pollard (Ú. S. Dist)....
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.
32.-Practice; examination of creditors, conduct of,
limit of. In re Tift (U. S. Dist.)..
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.)
35.-CONSIDERATION. Debt discharged by bankruptcy
valid consideration for new promise, not bar to
action for fraudulent conveyance. Dewey v. Moyer
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-
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 by.
Darley v. Mumpford (Sup., Ga.)..
45.-Homestead; bars claim for purchase-money of.
Harkins v. Wall (Sup., N. C.)...
46.-Payment does not operate as. Ludeling v. Fenton
47.-Covenant of warranty in deed is barred by. Parker
v. Bradford (Sup., Iowa)..
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.)...... 514
55.-EVIDENCE. Admissions by bankrupt before assign-
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
66.-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.
68.-FRAUDULENT CONVEYANCE; assignee on bankruptcy
may maintain action to set aside without judgment.
Southard v. Benner (Ct. App., N. Y.)
69.-HOMESTEAD. Sum allowed for, in other premises, fraud-
ulent homestead. Johnson v. May (U. S. Cire.).......
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.).
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
74.-INTEREST on claim accruing after commencment of
proceedings allowable. In re B. & P. M'f'g Co. (U. S.
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. Ćire.).. 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.).
88.-The required capital and amount joining in petition on
return day will give; withdrawals. In re Sheffer (U. S.
89.-State courts have, of action by assignee in bankruptcy.
Kidder v. Horribin (Ct. App. Ñ. Y.).
90.-KNOWLEDGE of insolvency must be founded on reason-
able cause, not mere suspicion. Grant v. First Nat.
Bank (U. S. Sup.) (in full.).
91.-LEASE. If valid against bankrupt valid against as-
signee. Goss v. Coffin (Sup., Me.)...
92.-Assignee never in possession of leased premises not
assignee of lease. In re L. H. Manuf. Co. (U. S. Dist.) 413
93.-LIEN. Rights of lien creditor. Bucknam v. Dana (U.
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
96.-MANDAMUS. Does not lie where right of action exists.
Discretion. People v. Campbell (Ct. App., N. Y.).. 253
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. Š. Dist.)
102.-Assignee not necessary party in pending action by
bankrupt. In re B. & P. Mfg. Co. (U. S. Dist.)
103.-PARTNERSHIP. The creditors who join in petition
against, need not all be firm creditors; involuntary
Betition at instance of debtor. In re Matot (U.S.
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.
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.,
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.,
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.)...
120.-One taking cannot prove debt; purchasing prop-
erty of bankrupt to secure debt of creditor is. În
re Stein (U. S. Dist.)....
121.-Creditor receiving, may not institute proceed-
ings. Ecker v. McAllister (Ct. App., Md.)..
122.-Surrender of proceeds of, can be made to as-
signee; preferred creditor cannot vote for assignee.
In re Parham (U. S. Dist.)....
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.)...
125.-Claim of United States entitled to. In re B. & P.
Mfg. Co. (U. S. Dist.)..
126.-Employee not entitled to, for damages for breach
of contract. In re Pevear (U. S. Dist.)..
127.-When party not entitled to; election of remedy;
articles for manufacture in bankrupt's possession.
In re Oberhoffer (U. S. Dist.)....
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.,
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
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.)
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.,
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 surety. 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.)
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.
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.)..
Livery-stable keeper is. In re Odell (U.
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. C. P. D.)...
3.-Acceptance; acceptor's name only written, not. Hind-
paugh v. Blakey (Eng. C. P. D.)...
See Negotiable Instrument.
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.)
CANALS.-Appropriation of land for repair of, when
not in violation of statute. Ten Broeck v. Sherrill
(Ct. App., N. Y.)................
goods of boarder lost from servant's negligence. Smith
v. Reed (N. Y. C. P.) (N. C.)
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., Ñ. Y.)
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).
2.-Railway company liable to boy on horse car by invi-
tation of driver. Day v. Brooklyn R. R. Co. (Sup.,
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-
POMOVo it Patenhoidor r