1056(6) (U.S.C.C.A.Miss.) Exclusion of evidence not sufficient to change result held harmless.-Planters' Oil Mill & Gin Co. v. A. K. Burrow Co., 10 F. (2d) 312.

1064 (1) (U.S.C.C.A.III.) Erroneous instruction that breach of contract to purchase sugar occurred on particular date held not prejudicial, in view of evidence that, during all times in controversy price of sugar never exceeded price on that date, which evidence on motion of plaintiff in error was erroneously stricken. McNeil & Higgins Co. v. Howell, 10 F. (2d) 969.

as

1064(1) (U.S.C.C.A.Ind.) Instruction to when breach of contract occurred held reversible error.-Hanging Rock Iron Co. v. P. H. & F. M. Roots Co., 10 F. (2d) 154.

XVII. DETERMINATION

AND DISPOSITION OF CAUSE.

(C) Modification.

728-730; Trial, 132,

ARMY AND NAVY.

20 (U.S.C.C.A.Minn.) Government charging violation of Draft Act, held to have burden to show county named was actual legal residence of defendant on June 5, 1917, and to have failed to maintain such burden (Selective Draft Act, § 5 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 2044e]; Proclamation of President May 18, 1917 [40 Stat. 1665]).Clemmings v. U. S., 10 F. (2d) 751.

23 (U.S.C.C.A.N.Y.) "Retainer pay" is compensation to enlisted men not rendering active service; "allowance;" "gratuity."-Sawyer v. U. S., 10 F. (2d) 416.

512 [New, vol. 12A Key-No. Series] (U.S.C.C.A.N.Y.) Regulations of Director of Bureau of War Risk Insurance held to have force of law.-Sawyer v. U. S., 10 F. (2d) 416.

Failure to send check for insurance premium held to forfeit policy.-Id.

512 [New, vol. 12A Key-No. Series] (U.S.D.C.Mont.) Mere mailing of notice of change of beneficiary under war risk policy insufficient.-Leahy v. U. S., 10 F. (2d) 617.

ARREST.

II. ON CRIMINAL CHARGES.

63 (3) (U.S.C.C.A.N.Y.) Prohibition officer had power to arrest defendants, engaged in manufacturing liquor, after entry through premises not occupied by defendant (National Prohibition Act, tit. 2, §§ 2, 3, 25, 26, 28, 38 [Comp. St. Ann. Supp. 1923, §§ 101382a, 101382aa, 101382m, 101382mm, 1013820, 101382y]).-Rouda v. U. S., 10 F.(2d) 916.

71 (U.S.C.C.A.Neb.) Recovery of marked bill paid for liquor and its use in evidence held not violative of defendant's constitutional rights.-Furlong v. U. S., 10 F. (2d) 492. ARREST OF JUDGMENT,

See Criminal Law, 970.

ASSESSMENT.

See Taxation, 480-485.

ASSOCIATIONS.

See Beneficial Associations.

2 (U.S.C.C.A.N.Y.) State statute authorizing service of process on certain officers of unincorporated associations held not invalid, as violative of right to equal protection of law (General Associations Law [Consol. Laws N. Y. c. 29] § 13).-Bobe v. Lloyds, 10 F. (2d) 730.

20(2) (U.S.C.C.A.N.Y.) President or treasurer of association (General Associations Law N. Y. § 13).-Bobe v. Lloyds, 10 F. (2d) 730. ASSUMPTION OF RISK. See Master and Servant, 204.

ATTACHMENT.

See Garnishment.

ATTORNEY AND CLIENT.

See Criminal Law, 728-730; Trial, 132, 133.

I. THE OFFICE OF ATTORNEY. (C) Suspension and Disbarment. 57 (App.D.C.) Whether attorney should have been disbarred, or only suspended, pending appeal from conviction, held moot question, when conviction was affirmed.-Whitaker v. Grievance Committee of Supreme Court of District of Columbia, 10 F. (2d) 1013.

II. RETAINER AND AUTHORITY. 72 (U.S.C.C.A.Ohio) Evidence held to show counsel authorized to make settlement on terms Mog, 10 F. (2d) 269. named in agreement.-Baldwin Law Pub. Co. v.

ATTORNEY GENERAL.

9 (U.S.D.C.Iowa) State Attorney General should institute, or be made defendant in, suit to have college endowment fund administered under cy pres doctrine.-Schell v. Leander Clark College, 10 F.(2d) 542.

BAIL.

II. IN CRIMINAL PROSECUTIONS.

(B) Voluntary Proceedings.

43 (U.S.D.C.Minn.) Filing of voluntary petition by corporation's president, without authority by board of directors, held not to give court jurisdiction.-In re Community Book Co., 10 F. (2d) 616.

43 (U.S.D.C.Pa.) President of corporation cannot of his own motion lawfully put corporation in bankruptcy by means of voluntary petition.--In re Farrell Realty Co., 10 F. (2d) 612.

44 (U.S.D.C.Minn.) Objection to amendable defects of voluntary petition, made after adjudication, held too late.-In re Community Book Co., 10 F. (2d) 616.

T

44 (U.S.C.C.A.) Persons convicted of conspiracy to violate National Prohibition Act held entitled to bail pending review (Circuit Court of Appeals rule 32; National Prohibition Act [Comp. St. Ann. Supp. 1923, § 101384 et seq.]; Judicial Code, §§ 119-122 [Comp. St. S$ 1111-1114]; Rev. St. 88 1007, 1014, 1015, 1016 [Comp. St. §§ 1666, 1674, 1679, 1680]; Const. Amend. 8; Act Feb. 13, 1925, § 8, subd. "c" [Comp. St. Supp. 1925, § 1126b]; Ordinance July 13, 1787, art. 2 [Comp. St. 1918, p. 6]).-U. S. v. Motlow, 10 F. (2d) 657.

Applicants for bail pending review of conviction are not required to show that they are entitled to a reversal.-Id.

47 (U.S.C.C.A.) Where writ has been issued and citation served in criminal case, Circuit Justice, who is member of Circuit Court of Appeals reviewing case, is authorized to fix and allow bail.-U. S. v. Motlow, 10 F. (2d) 657. Power to grant bail is attended by duty to hear applications therefor.-Id.

49 (U.S.C.C.A.) Writ of error operates as supersedeas, requiring prisoners' return to custody of District Court to which his application for bail will be remitted.-Howell v. U. S., 10 F. (2d) 504.

49 (U.S.C.C.A.) Refusal of bail, after conviction by trial judge and two circuit judges, should be considered but not allowed to control on subsequent application.-U. S. v. Motlow, 10 F. (2d) 657.

52 (U.S.C.C.A.) Eighth Amendment, providing that excessive bail shall not be required, safeguards right to bail, at least before trial, and is intended to prevent denial of bail by fixing amount thereof unreasonably high.-U. S. v. Motlow. 10 F. (2d) 657. 55 (U.S.C.C.A.Cal.) Bond held sufficient promise by sureties to pay specific sum.-Moran v. U. S., 10 F. (2d) 455.

58 (U.S.C.C.A.Cal.) Bail bond, reciting violation of federal statute, held sufficiently to describe offense to bind sureties.-Moran v. U. S., 10 F. (2d) 455.

59 (U.S.C.C.A.Cal.) Bond need not state court in which accused is to appear.-Moran v. U. S., 10 F. (2d) 455.

Bond held sufficient as against contention that it did not name court.-Id.

BANKRUPTCY.

II. PETITION, ADJUDICATION, WARRANT, AND CUSTODY OF PROPERTY. (A) Jurisdiction and Course of Procedure in General.

II (U.S.C.C.A.Neb.) Court proceeds in accordance with equitable principles and looks through form to substance.-Harris v. M. F. Shafer & Co., 10 F. (2d) 351.

14 (U.S.C.C.A.Minn.) Domicile held to remain unchanged, notwithstanding determination to acquire new domicile which had not been definitely chosen.-Hovland v. Farmers' State Bank of Christine, N. D., 10 F. (2d)-478.

51 (U.S.D.C.Pa.) Voluntary adjudication not set aside on petition of corporation or stockholders after rights of innocent purchasers have intervened.-In re Farrell Realty Co., 10 F.(2d) 612.

Minority stockholders' petition to set aside adjudication filed six months after adjudication held too late, where rights of innocent purchasers had intervened.-Id.

Adjudication not set aside for fraud, because corporation's voluntary petition was filed to prevent state receivership on behalf of minority stockholders.-Id.

(C) Involuntary Proceedings.

60 (U.S.C.C.A.Ohio) Company held to have "applied" for appointment of receiver, within meaning of Bankruptcy Act. In re Bucyrus Road Machinery Co., 10 F. (2d) 333.

"Insolvency," in bankruptcy sense, is contemplated by provision of Bankruptcy Act defining acts of bankrupt.-Id.

Company held "going concern," entitled to have its assets so valued in determining question of solvency at time of appointment of receiver. Id.

81(4) (U.S.C.C.A.Minn.) Averment of act of bankruptcy in language of statute is insufficient. Hovland v. Farmers' State Bank of Christine, N. D., 10 F. (2d) 478.

84 (U.S.C.C.A.Minn.) Acts of bankruptcy, not alleged in original petition, cannot be charged by amendment filed more than four months after commission of acts of bankruptcy. -Hovland v. Farmers' State Bank of Christine, N. D., 10 F. (2d) 478.

Amendment to petition in bankruptcy held not to relate back to original petition.-Id.

91(2), (U.S.C.C.A.Minn.) Finding that alleged bankrupt had domicile at certain place held supported by evidence.-Hovland v. Farmers' State Bank of Christine, N. D., 10 F. (2d) 478.

III. ASSIGNMENT, ADMINISTRATION,
AND DISTRIBUTION OF BANK-
RUPT'S ESTATE.

(B) Assignment, and Title, Rights, and Remedies of Trustee in General.

136 (2) (U.S.C.C.A.N.Y.) Showing of large purchases preceding bankruptcy and inability to account for goods warrants inference of concealment.-In re H. Magen Co., 10 F. (2d)

91.

Turn-over order warranted, though no definite property found in bankrupt's possession. -Id. Evidence held to warrant turn-over order.

-Id.

Property traced to bankrupt's possession and unaccounted for may be presumed under bankrupt's control.-Id.

When turn-over order is warranted stated. -Id.

139(2) (U.S.D.C.N.Y.) Corporation, taking assignment of lease with forfeiture clause on bankruptcy of tenant, not bound by such

clause, and lease becomes asset on bankruptcy of corporation.-In re Famous Fain Co., 10 F. (2d) 540.

140(2) (U.S.D.C.Cal.) Property to which bankrupt has no ownership right does not become part of bankrupt estate. Lynch v. Lentz, 10 F.(2d) 561.

140(1) (U.S.D.C.Cal.) Water heaters in possession of sales company held not to become part of bankrupt estate.-Lynch v. Lentz, 10 F. (2d) 561.

140(3) (U.S.C.C.A.N.Y.) Receiver in bankruptcy of partnership banking house held entitled to proceeds of check. In re Gubelman, 10 F.(2d) 926.

Receiver in bankruptcy of partnership banking house held not entitled to proceeds of check not collected until after filing of petition in bankruptcy.-Id.

Receiver in bankruptcy of partnership banking house held entitled to proceeds of cashier's check previously credited to depositor's account. Id.

Banking partnership, fraudulently receiving deposits, holds as trustee ex maleficio, subject to depositor's right of reclamation.-Id.

Rule relating to fraudulent receipt of deposits and depositor's right to reclaim stated. -Id.

140(3) (U.S.C.C.A.N.Y.) Receiver in bankruptcy of payee of check drawn for account of another held not entitled to proceeds collected after filing of petition in bankruptcy.-In re Gubelman, 10 F. (2d) 935.

As respects rights on payee's bankruptcy, drawer of check, in favor of person other than payee, makes payee a fiduciary on his acceptance.-Id.

140(3) (U.S.C.C.A.Pa.) Under bankrupt's contract to pay Board of Commerce commission on freight overcharges recovered, board held entitled to commission.-In re George Walter & Sons, 10 F.(2d) 463.

149 (U.S.C.C.A.Okl.) Bankruptcy of single partner in mining partnership held not to interfere with partnership business, nor with rights of partners inter se.-Sturm v. Ulrich, 10 F. (2d) 9.

152 (U.S.C.C.A.N.Y.) When petition in bankruptcy legally "filed" stated; "filing."-In re Gubelman, 10 F. (2d) 926.

(C) Preferences and Transfers by Bankrupt, and Attachments and Other Liens.

176 (U.S.C.C.A.S.D.) Conveyance of realty by insolvent husband to his wife in performance of valid contract held not in fraud of creditors. Folsom v. Seapy, 10 F.(2d) 322.

178(1) (U.S.C.C.A.S.D.) Real estate transaction between husband, wife, and third person held to result in gift to wife during insolvency of husband, recoverable by trustee in bankruptcy.-Folsom v. Seapy, 10 F.(2d) 322.

180 (U.S.C.C.A.Ga.) Proof of intent to hinder and delay is proof of actual fraud.-Lovett v. Faircloth, 10 F.(2d) 301.

184 (2) (U.S.C.C.A.Md.) Claim under mortgage withheld from record, so as not to affect mortgagor's credit, properly expunged and disallowed.-Crothers v. Soper, 10 F. (2d) 793.

184(3) (U. S. C. O. A. Colo.) Lien of mortgagee under valid mortgage executed more than four months prior to filing of petition in bankruptcy by mortgagor held not avoided by bankruptcy.-First State Bank of Crook, Colo., v. Fox, 10 F. (2d) 116.

188(1) (U.S.C.C.A.Ga.) Lien given or accepted in contemplation of bankruptcy cannot be upheld, though there be present consideration. Lovett v. Faircloth, 10 F.(2d) 301.

191(1) (U.S.D.C.Tex.) Landlord, filing statement of claim for rent, held entitled to lien for entire period of unpaid rent (Rev. St. Tex. 1925, art. 5238).-In re McLaughlin, 10 F. (2d) 810.

199 (U.S.C.C.A.Colo.) Lien of judgment creditor not avoided, where it did not appear that bankrupt was insolvent when lien was created.-First State Bank of Crook, Colo., v. Fox. 10 F. (2d) 116.

212 (U.S.C.C.A.N.Y.) Claimants' allegation held not to show deposit of check.-In re Gubelman, 10 F. (2d) 926.

Trustee's denial of knowledge or information sufficient to form a belief as to allegations in_reclamation petition not admission thereof. -Id.

Depositors have burden of proving alleged fraudulent receipt of deposits.-Id.

217(1) (U.S.C.C.A.La.) Suit to foreclose mortgages executed by bankrupt not interfered with by bankruptcy court, except in plenary suit challenging validity of mortgages against bankrupt's creditors.-Union Cent. Life Ins. Co. v. I. Baer Co., 10 F. (2d) 153.

as

(D) Administration of Estate. 224 (U.S.C.C.A.Colo.) Objection that refreclaim proceeds of property held by mortgaeree was without jurisdiction of proceeding to gee came too late.-First State Bank of Crook, Colo., v. Fox, 10 F. (2d) 116.

252 (U.S.C.C.A.Tex.) Trustee may, with approval of court, compromise controversy concerning bankrupt estate.-Hamilton-Brown Shoe Co. v. Ben L. Berwald Shoe Co., 10 F. (2d) 275.

Trustee held not authorized to accept offer to compromise claims against bankrupt's officreditors.-Id. cers individually over objections of certain

Bankrupt corporation's stockholders, offering compromise, held entitled to have offer accepted exactly as made, or not at all.-Id.

262 (3) (U.S.D.C.N.Y.) Motion for order directing bankruptcy trustee to sell mortgaged property denied, on condition that trustee be made party to mortgage foreclosure proceeding. In re Myrtle Plumbing Supplies, 10 F. (2d)

374.

an

303 (3) (U.S.C.C.A.Colo.) Insolvency terior to filing of bankruptcy petition not established by failure to realize from sales of bankrupt's property, after adjudication, an amount sufficient to pay his debts.-First State Bank of Crook, Colo., v. Fox, 10 F. (2d) 116.

303 (3) (U.S.C.C.A.Ga.) Evidence held to show that lien was given and accepted in contemplation of bankruptcy.-Lovett v. Faircloth, 10 F.(2d) 301.

Evidence held to show that debtor intended to hinder and delay creditors by conveyance, and conveyance therefore void.-Id.

(F) Claims Against and Distribution of Estate.

314(2) (U.S.C.C.A.N.J.) Attorney's claim for services after filing of petition held not provable. In re Townsend, 10 F. (2d) 790.

316(1) (U.S.C.C.A.Neb.) Receiver of corporation held entitled to allowance of claims against bankrupt corporation for money loaned bankrupt on notes.-Harris v. M. F. Shafer & Co., 10 F.(2d) 351.

320 (U.S.C.C.A.N.J.) Attorney's claim improperly including an uncertain sum not provable, must be liquidated before being proved (Bankruptcy Act, § 63 [Comp. St. § 9647]).In re Townsend, 10 F. (2d) 790.

340 (U.S.C.C.A.N.Y.) Proof of claim, submitted and sworn to, is prima facie proof, and sufficient, in absence of contradicting evidence. -In re Hannevig, 10 F. (2d) 941.

Evidence held to show that bankrupt had subscribed for foreign bank stock, for which claim was presented.-Id.

Stock of foreign bank, alleged to have been purchased by bankrupt, held to have actually been allotted to him.-Id.

Bankrupt held not to have been released by foreign bank from obligation of subscription for stock therein.-Id.

Prima facie case made by submitting proof of claim held not rebutted by bankrupt.-Id.

347 (U.S.C.C.A.Mass.) Creditor, taking over assets before bankruptcy and without assignment, held entitled to preferred claim for expenses incurred.-Petition of Andrew Dutton Co., 10 F. (2d) 502.

354 (U.S.C.C.A.Okl.) Mortgagee's receiver held entitled to marshaling of liens on mining partner's interest and assets covered thereby. -Sturm v. Ulrich, 10 F. (2d) 9.

V. RIGHTS, REMEDIES, AND DISCHARGE

OF BANKRUPT.

396(1) (U.S.C.C.A.Minn.) Bankruptcy exemptions depend on and are same as those allowed by governing state statutes, as construed by highest state court.-Vought v. Kanne, 10 F. (2d) 747.

396 (5) (U.S.C.C.A.Minn.) Crops growing on exempt homestead of bankrupt are not exempt, under Gen. St. Minn. 1923, §§ 8336, 8337, 9447.-Vought v. Kanne, 10 F.(2d) 747.

398 (3) (U.S.D.C.La.) Homestead rights of bankrupt as against vendor's lien claim determined. In re Levan, 10 F. (2d) 240.

405 (U.S.C.C.A.N.D.) Creditors held estopped to oppose discharge.-Schieber v. Hamre, 10 F. (2d) 119.

Creditors authorizing execution of deed of trust in their names held bound thereby.-Id. 409(1) (U.S.C.C.A.N.D.) Failure to keep account books and intent to conceal financial condition must concur, to warrant denial of discharge on that ground.-Schieber v. Hamre, 10 F. (2d) 119.

413(1⁄2) (U. S. C. C. A. N. D.) Attorney, to vote on question of authorizing trustee to oppose discharge, need not produce power of attorney from clients.-Schieber v. Hamre, 10 F. (2d) 119.

414(3) (U.S.C.C.A.N.D.) Evidence held to warrant denial of discharge for failure to keep account books.-Schieber v. Hamre, 10 F. (2d) 119.

VI. APPEAL AND REVISION OF PRO

CEEDINGS.

(A) Superintendence and Revision,

440 (U.S.C.C.A.Tex.) Order approving offer of compromise held appealable, and proceeding for review not required to be taken within 30 days.-Hamilton-Brown Shoe Co. v. Ben L. Berwald Shoe Co., 10 F.(2d) 275.

446 (U.S.C.C.A.Mass.) Question of authority to enter order not considered on petition of one not adversely affected.-Briggs v. Hunt, Ellis & Co., 10 F. (2d) 285.

446 (U.S.C.C.A.Minn.) Questions of fact cannot be determined on petition to revise.Vought v. Kanne, 10 F. (2d) 747.

(B) Appeal.

465 (U.S.C.C.A.Mass.) Appeal dismissed on same matter coming before court on petition to revise.-Briggs v. Hunt, Ellis & Co., 10 F. (2d) 285.

467 (U.S.C.C.A.N.J.) Master's failure to make findings held not reviewable on appeal from valid order setting aside order granting discharge improperly obtained.-In re Cohen, 10 F. (2d) 786.

467 (U.S.C.C.A.N.Y.) On appeal from order dismissing reclamation claim in bankruptcy, court reviews both findings of fact and conclusions of law. In re Gubelman, 10 F. (2d) 926.

467 (U.S.C.C.A.N.D.) Trial is de novo on appeal in bankruptcy proceedings.-Schieber v. Hamre, 10 F. (2d) 119.

468 (U.S.C.C.A.N.D.) Case will be disposed of on appeal.-Schieber v. Hamre, 10 F. (2d) 119.

VII. COSTS AND FEES.

474 (U.S.D.C.Cal.) Costs of unsuccessful action by trustee to recover property proper charge against bankrupt estate.-Lynch Lentz, 10 F. (2d) 561.

V.

474 (U.S.D.C.N.Y.) Liability for damages to alleged bankrupts on dismissal of petition held enforceable only against creditor securing appointment of receiver.-In re Elgot, 10 F. (2d) 396.

477 (U.S.D.C.N.Y.) Evidence held insufficient to show that profitable business was conducted by alleged bankrupts, so as to entitle them to damages to good will and for loss of prospective profits.-In re Elgot, 10 F.(2d) 396.

Claims held prima facie items of damages to alleged bankrupts on dismissal of petition.-Id.

VIII. OFFENSES AGAINST BANKRUPT
LAWS.

485 (U.S.C.C.A.Wash.) Criminal concealment of assets from trustee committed by continuing, after his appointment, concealment commenced before bankruptcy.-Arine v. U. S., 10 F. (2d) 778.

495 (U.S.C.C.A.Wash.) Prior concealment admissible on prosecution for concealment of property from trustee.-Arine v. U. S., 10 F. (2d)778.

Memorandum book kept by bankrupt held admissible on prosecution for concealing assets from trustee.-Id.

Invoices found on bankrupt's premises held admissible on prosecution for concealing assets from trustee.-Id.

Evidence of defendant's refusal to give financial statement held admissible on prosecution for concealing assets.-Id.

496 (U.S.C.C.A.Wash.) Evidence of concealment of property from trustee held sufficient to go to jury.-Arine v. U. S., 10 F. (2d) 778.

BANKS AND BANKING.

III. FUNCTIONS AND DEALINGS.
(C) Deposits.

126 (U.S.C.C.A.N.Y.) Immediate credit of check presupposes purchase, though entry will not control form of paper showing delivery was for collection only.-In .re Gubelman, 10 F. (2d) 935.

127 (U.S.C.C.A.N.Y.) In absence of contrary agreements or notice, check or draft deposited and accepted as cash is property of bank. In re Gubelman, 10 F. (2d) 926.

(D) Collections.

159 (U.S.C.C.A.N.Y.) Generally checks deposited for collection remain property of depositor. In re Gubelman, 10 F. (2d) 926.

171(8) (U.S.C.C.A.N.Y.) Bank's act in accepting check in payment of draft held ratified by plaintiff's acts after learning facts.-Royal Bank of Canada v. Universal Export Corporation, 10 F. (2d) 669.

175(5) (U.S.C.C.A.N.Y.) Directed verdict against bank for more than nominal damages, for having accepted check rather than coin in payment of draft, held erroneous.-Royal Bank of Canada v. Universal Export Corporation, 10 F. (2d) 669.

Directed verdict against bank for more than nominal damages for alleged unauthorized surrender of draft on receipt of check held erroneous.-Id.

(F) Exchange, Money, Securities, and Investments.

to

1882 (App.D.C.) Bank undertaking forward credit held liable for its correspondent's failure to obey instructions.-Shrewsbury v. Dupont Nat. Bank, 10 F. (2d) 632.

Evidence held to conclusively show that same results would not have obtained if bank had followed directions in transmitting credit.-Id. Plaintiff, suing for damages from failure of bank to follow directions in transmitting personal credit, held not negligent.-Id.

Bank. receiving cablegram and money to be forwarded to sender of cablegram, held to have entered into contractual relation with him.Id.

Right to recover for bank's failure to follow directions in forwarding personal credit held not affected by matters stated.-Id.

191 (U.S.C.C.A.N.Y.) Letter of credit not irrevocable for one-year period merely because postscript thereto prescribed its duration to be one year.-Federal Coal Co. v. Royal Bank of Canada, 10 F. (2d) 679.

Bank's obligation under letter of credit held revocable, where it provided credit was to be on same conditions as another letter which was revocable.-Id.

IV. NATIONAL BANKS.

270 (2) (U.S.C.C.A.Vt.) If national bank agreed to borrow money to make loan, borrow er to pay such interest rate as bank paid, transaction was not within usury laws.-National Bank of Newport v. Rand, 10 F. (2d) 688.

270(11) (U.S.C.C.A.Vt.) Whether national bank was borrower's agent in borrowing money in another state at higher interest than permitted in state where bank was located held for jury.-National Bank of Newport v. Rand, 10 F. (2d) 688.

287(1) (U.S.C.C.A.Tex.) Evidence held to establish ratification of lease executed between corporations having interlocking directorates.Caldwell v. Dean, 10 F. (2d) 299.

BENEFICIAL ASSOCIATIONS.

22 (App.D.C.) Manner of distribution of property of dissolved local lodge determined. Hill v. Boland, 10 F. (2d) 623.

BILLS AND NOTES.

I. REQUISITES AND VALIDITY.
(E) Consideration.

92 (5) (U.S.C.C.A.Tex.) Note executed by directors and stockholders of bank for loan to bank supported by consideration.-Bohning v. Caldwell, 10 F. (2d) 298.

98 (U.S.C.C.A.Tex.) Makers of note estopped to deny consideration.-Bohning v. Caldwell, 10 F. (2d) 298.

III. MODIFICATION, RENEWAL, AND

RESCISSION.

138 (U.S.C.C.A.Tex.) Fact one of parties to original note failed to join in execution of renewal note did not release parties to renewal

note from liability.-Bohning v. Caldwell, 10 F. (2d) 298.

140 (U.S.C.C.A.Tex.) Execution of renewal note by makers of valid original note not novation or change of original debt.-Bohning v. Caldwell, 10 F. (2d) 298.

V. RIGHTS AND LIABILITIES ON IN

DORSEMENT OR TRANSFER.

(D) Bona Fide Purchasers.

351 (U.S.C.C.A.Tenn.) Bank, surrendering overdue trade acceptance and reacquiring it as collateral security, takes subject to defenses.Merchants' Bank & Trust Co. v. C. L Thurman Motor Co., 10 F. (2d) 141.

383 (U.S.C.C.A.Tenn.) Acceptance held not subject to defense of payment against holder in due course.-Merchants' Bank & Trust Co. v. C. L. Thurman Motor Co., 10 F. (2d) 141.

CANCELLATION OF INSTRUMENTS. I. RIGHT OF ACTION AND DEFENSES. 58 (U.S.D.C.Mo.) Equity will retain jurisdiction in suit to cancel policy, if necessary to prevent irreparable injury.-Lincoln Nat. Life Ins. Co. v. Peake, 10 F. (2d) 366.

10 (U.S.D.C.Mo.) Remedy at law must be freely available to defeat suit for cancellation of insurance policy.-Lincoln Nat. Life Ins. Co. v. Peake, 10 F. (2d) 366.

Doubt as to adequacy of legal remedy warrants equity in retaining jurisdiction of suit to cancel insurance policy.-Id.

1 (U.S.D.C.Mo.) Plaintiff in suit to cancel policy should be relegated to law action, if remedies equally available.-Lincoln Nat. Life Ins. Co. v. Peake, 10 F. (2d) 366.

13 (U.S.D.C.Mo.) Incontestable clause and assignment of policy held special circumstances, warranting equitable cognizance of suit to cancel policy.-Lincoln Nat. Life Ins. Co. v. Peake, 10 F. (2d) 366.

II. PROCEEDINGS AND RELIEF. 43 (App.D.C.) In suit to set aside deed evidence of forgery held admissible, though forgery not charged.-Clarke v. Franklin, 10 F. (24) 631.

CARRIERS.

1. CONTROL AND REGULATION OF COMMON CARRIERS.

(A) In General.

~12(1) (U.S.D.C.III.) Illinois Commerce Commission has no power to fix rates for carriage on railroads in contravention of two-cent fare law, but may fix rates for street railways or other public utilities.-East St. Louis & S. Ry. Co. v. Brundage, 10 F. (2d) 830.

12(4) (U.S.D.C.III.) Electric railroad incorporated under Railroad Act bound by twocent fare law.-East St. Louis & S. Ry. Co. v. Brundage, 10 F. (2d) 830.

Electric railroad incorporated under Railroad Act retains such character.-Id.