Page images
PDF
EPUB
[blocks in formation]

INDEX

TO

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

PAGE.

ACCORD AND SATISFACTION.-Unperformed
agreements cannot be pleaded in. Brown v. Spofford
(U. S. Sup.) (in full)..
ACKNOWLEDGMENT.- What is a substantial
compliance with statutes of Tennessee; no statutory
provision there as to acknowledgment by corpora-
tion. Kelly v. Calhoun (U. S. Sup.).............

ACT OF GOD.-Crew abandoning vessel by reason of
great danger to life, is not negligence. River, etc.,
Commissioners v. Adaamson (Eng. H. L.)....
ACTION. For death from negligence or design not
maintainable at common law. Mobile L. I. Co. v.
Bramo (U. S. Sup.) (in full)..

[merged small][merged small][ocr errors][merged small]

ADVERSE POSSESSION - Continued.
3.- Line, fence mutually agreed upon, though off of
true line, gives title by. Smith v. McKay (Sup.
Com., Ohio)...
4.-Fence off of line acquiesced in does not fix course of
line beyond fence-mere claim of title does not
constitute. Ousby v. Jones (Ct. App., N. Y.).
AGENCY.-A principal is liable for fraudulent mis-
representations of agent within the scope of his
agency. Swire v. Francis (Eng. Priv. Coun.) (in
full)...

PAGE.

471

491

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.).
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.)...

171

172

214

-

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.)...

71

41

171

3.-Agent not disclosing principal personally liable and
not relieved by subsequent disclosure and action
against principal. Cobb v. Knapp (Ct. App., N. Y.).. 132
4.-Notice of immoral acts of agent will not be im-
puted to principal. Stanley v. Chamberlain (Sup.,
N. J.)
5.-Government is liable for the fraudulent acts of its
agent in procuring money from innocent parties.
United States v. State Nat. Bank of Boston (U. S.
131, 188
Sup.) (in full).
6.-Agent cannot act for two principals. Meyer v.
191
Hanchett (Sup., Wis.).

234

7.-Does not lie against judge for erroneously sentenc-
ing to imprisonment. Lange v. Benedict (Ct. App.,
N. Y.)....
8.-Penal actions for violating, mere municipal ordin-
ances are civil actions. Prest. of Platteville v. Bell
(Sup., Wis.)...

[blocks in formation]

234

8.-Construction of power of attorney to draw and in-
dorse checks; ratification. Craighead v. Peterson
(Ct. App., N. Y.)...

214

371

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

292

9.-May be maintained for money paid under errone-
ous judicial decision, but demand necessary.
Scholey v. Halsey (Ct. App., N. Y.)...

432

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

430

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. Ins. Co. (Eng. C.
D.) (N. C.).....
13.-On promise to pay debt when able, not maintain-
able without proof of ability. Randage v. Lyman
(Sup., Mass.)....

[blocks in formation]

478

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

Oldrich v.

113

493

See Bankruptcy, 1, 2; Life Insurance, 14; Negligence, 17;
Seduction.

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

159

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

171

ADJACENT SUPPORT.-Vendor of lands to be
used for building, impliedly covenants to give. Sid-
dons v. Short (Eng. C. P. D.)....
ADJOINING OWNER.-Water, artificial mound
causing percolation of water renders owner erecting
liable for damage. Hurdman v. N. E. Ry. Co. (Eng.
Ct. App.) (N. C.) (in full).
2.-Liability for surface water escaping from streets.
Wakefield v. New (Sup., R. I.)..

ADMIRALTY LAW.-See Maritime Law.
ADMINISTRATORS.-Sale of real estate by, must
be made in presence of. Leburlain v. Johnson (Sup.,
Ill.) (N. C.)....

ADVERSE POSSESSION.-Conveyance by re-
mainderman not in possession of lands held ad-
versely, after death of tenant for life void. Christie
v. Gay (Ct. App., N. Y.)
2.-Line fence off line for convenience does not consti-
tute. Jones v. Smith (Ct. App., N. Y.)...

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

250

127

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....

358

.......

23

379, 469

See Easement.

362

62

[blocks in formation]

35

414

2.-Order allowing alimony, when question of law in-
volved, appealable to Court of Appeals. Collins v.
Collins (Ct. App., N. Y.)..

36

[blocks in formation]

90

132

153

173

3.-To United States Supreme Court; remission of part
of verdict rendered so as to bring below $5,000 pre-
vents appeal; judgment payable in gold. Thomp-
son v. Buller (U. S. Sup.)...
-To Court of Appeals; upon a motion to reverse as
contrary to weight of evidence; general term re-
versed in questions of law only; held not appeal-
able. Samuels v. Evening Mail (Ct. App., N. Y.).... 115
5.-To Court of Appeals; in case not involving $500, order
must state some question of law involved. Bastable
v. City of Syracuse (Ct. App., N. Y.).
6.-To United States Supreme Court; judge alone can
take security required on. O'Reilly v. Edrington (U.
S. Sup.)
7.-To Court of Appeals; right under $500: limit deter-
mined by amount in controversy ($140.50) not by
judgment ($543.84.) Brown v. Sigourney (Ct. App.,
N. Y.)
8.-On question of fact; burden of proof is with appel-
lant. Steamboat v. Rideout (U. S. Sup.)...
9.-Order granting attachment when appealable to
Court of Appeals and when not. Allen v. Meyer (Ct.
App., N. Y.)...
10.-Arrest; refusing to grant order for, not appealable
to Court of Appeals. Cochrane v. Ingersoll (Ct.
App., N. Y.)....
11.-Discontinuance by party appealing, may be allowed.
Mackey v. Lewis (Ct. App., N. Y.)......
12.-To Court of Appeals; discretionary order opening
default not appealable. Lawrence v. Farley (Ct.
App., N. Y.).
13.-Reversal not allowed for irregularities working no
harm. Allis v. N. W. M. L. Ins. Co. (U. S. Sup.)... 474
14.-To Court of Appeals of case involving less than $500;
the title to real estate must be in question to au-
thorize. Nichols v. Voorhis (Ct. App., N. Y.).....
15.-To Court of Appeals: order restoring demurrer not
appealable. Elwell v. Johnson (Ct. App., N. Y).... 511

ARREST AND BAIL.-Union of action wherein
arrest may be made with one wherein it may
not, in same complaint, takes away right to arrest.
Madge v. Puig (Ct. App., N. Y.).

2. Complaint must set forth grounds of arrest under
new Code, $558. Bowery Nat. Bank v. Duryee (Sup.,
N. Y).....
3.-Vacating order under Code, § 558; complaint must
negative right to arrest. Arrest may be upheld on
affidavits. Sloane v. Livermore (Sup., N. Y.).........
See Bankruptcy, 7.

ASSAULT AND BATTERY.-Justification, ex-
cluding manager of alms-house from witnessing per-
formance of priestly functions to pauper, not.
Cooper v. McKenna (Sup., Mass.)....
2.-Justification; owner of land out of possession may
peaceably take possession and then resist attempt to
retake. Bliss v. Johnson (Ct. App., N. Y.)..
ASSESSMENT.

Statutes relating to, must be
strictly followed. Officials must take their oaths in
the form required by statute. Morris v. Portchester
(Ct. App., N. Y.)...'

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

2. In assignment of claim already sued, assignee
takes burdened with costs. Barton v. Speis (Ct. App.,
N. Y.).....
ASSIGNMENT FOR CREDITORS.-Title vests
in assignee on acceptance of trust and before bond
filled. Assignees accepting may not renunciate. All
assignees must join in deed of real estate. Brennan
v. Wilson (Ct. App., N. Y.)
2.-Action against assignor will not be stayed. Butler
v. Thompson (Co. Ct., N. Y.)..
3.-With preferences valid except as against the bank-
Williams v. Pitts (Sup., N. Y.).
rupt act.
See Bankruptcy, 8, 9, 10, 11.
ATTORNEY.-Lien of, for costs is not defeated by
dormancy of judgment. Jenkins v. Stephens (Sup.,
Ga.).

233

272

313

352

373

491

56

196

336

311

511

[ocr errors][merged small][merged small][merged small]

PAGE.

38

BAILMENT - Continued.
2.-Possession by pledgee is essential to a pledge. Sey-
mour v. Colburn (Sup., Wis.).
3.-Bailee for hire is liable only for ordinary negligence
as to property bailed. Clark v. United States (U. S.
Sup.....

4.-A. purchased horses of S. but returned them as not
according to warranty. S. supplied A. with other
horses to use until he could make good his warranty.
S. failed. Held, that A. could not hold the horses
supplied against creditors of S. Ex parte Roy (Eng.
Ct. B'krptcy)....

74

93

212

5.-Safe deposit companies, what constitutes negligence
by. Safe Deposit Co. v. Pollock (Sup., Pa.) (N. C.). 199
6.-Broker having apparent title to goods obtaining ad-
vances fraudulently from innocent party does not
convey title. English Factors Act. Johnson v.
Credit Lyonnais Co. (Eng. Ct. App.)...
7.-Pledge; pledgee may release possession of pledge
until object of, is accomplished; bankrupt proceed-
ings against pledgor does not divest, and refusal by
pledgee to appear in bankrupt proceedings does not
impair rights. Yeatman v. N. O. Sav. Inst. (U. S.
Sup.)....
8.-Pledge of personal property, possession in pledgee
essential to, against innocent purchaser from
pledgor. Mosher v. Smith (Sup., Me.).
9.-Possession is essence of pledge in common and civil
law, and must be at some time in pledgee. Casey v.
Carvaroc (U. S. Sup.)......

..213

391

453

189

190

350

BANK.-Certification; cashier may not certify unusu-
ally drawn checks. Dorsey v. Abrams (Sup., Pa.)
(in full.).....
2.-Knowledge of president of, imputable to bank.
Holden v. N. Y. & Erie Bank (Ct. App., N. Y.).....
3.-Canceling signature of makers of dishonored note
and writing paid does not charge bank with receipt
of money; position of branch bank. Prince v. Or.
Bk. Assoc. (Eng. P. C.)...
4.-National bank; taking usury must be shown affirm-
atively. Wheeler v. Un. Nat. Bank. (U. S. Sup.)... 473
See Bankruptcy, 17; National Bank.
BANK CHECK-A check properly stamped is not
object of taxation and revenue, and revenue officer
cannot under U. S. R. S., § 3177, enter bank and ex-
amine. United States v. Mann (U. S. Sup.)..
2.-A check drawn by an insurance company in payment
of a policy is not an equitable assignment of fund
drawn upon, and is avoided by the insolvency of the
company before payment. Att.-Gen. v. Continental
Life Ins. Co. (Ct. App., N. Y.).

55

74

127

See Bankruptcy, 23; Negotiable Instrument.
BANKRUPTCY.-ACTION. Bankrupt may continue
to prosecute pending. Towle v. Davenport (Sup., N.
H.)
2.-Legal, not equitable, maintainable to obtain posses-
sion of property; inability to give bonds will not
change rule. In re Oregon Iron Works (U. S. Dist.) 489
3.-ADJUDICATION against partner does not discharge
from firm debts. In re Plumb (U. S. Dist.).......
4.-Attachment creditor may oppose; non-resident of
United States not liable to an involuntary proceed-
ing. In re Burton (U.S. Dist.)....
5.--AGENCY. If misappropriation of goods by bank-
rupt as agent, principal may prove against goods.
Overman v. Quick (U. S. Circ.)...

[blocks in formation]

132

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

37

248

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

391

237

10.-Defeats execution though statute not complied
with. In re Croughwell (U. S. Dist.)..
11.--May be set aside within six months from making.
In re Temple (U. S. Dist.).

430

431

191

2.-Employed to draw mortgage acts as attorney and
not as notary. Getzlaff v. Seliger (Sup., Wis.). 250
3.-Negligence of, failing to secure debt without proof
that it was possible to do so, is not. Jaquins v.
Hagner (Ct. App., N. Y.)....

12.-ATTACHMENT. Provisions of old Code, § 227, as to
commencement of action applies to all courts. Al-
len v. Meyer (Ct. App., N. Y.)...

272

333

13. Surety on attachment bond not released by dis-
charge. In re Albrecht (U. S. Dist.)...
14.-Discharged by operation of law and attached debt
paid by debtor may be recovered by assignee. Duf-
feld v. Horton (Ct. App., N. Y.).

351

491

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.)....

373

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.)...
AUCTIONEERS.-Not disclosing principal liable on
implied warranty of title. Davie v. Lynch (Ct. App.,
Tex.) (N. C.)....

479

[blocks in formation]

498

BAILMENT.-A bailee for custody of goods is not
presumed to have authority to sell the goods.
Thatcher v. Kaucher (Sup. Ct., U. S.)....

15

[blocks in formation]

PAGE.

37

BANKRUPTCY-Continued.
18.-BANKRUPT is trustee of his estate until assignee is
appointed. Ex parte Tremont Nat. Bank (U. S. D.,
Mass.)....
49.-BURDEN OF PROOF. Assignee moving to expunge
note tainted with usury, on ground that note is an
accommodation paper, has. In re Many (U. S. Dist.) 490
20.-CHATTEL MORTGAGE. Title to surplus after sale in
assignee, and not liable to execution issued before
petition In re Wrisley (U. S. Dist.)..
21.Mortgagor retaining possession after condition
broken does not invalidate. Hallack v. Tritch (U. S.
Circ.).....
22.-Assignee cannot maintain trover against mort-
gagee for mortgaged property. Jones v. Miller (U.
S. Circ.)....

23. CHECK given in contravention of bankrupt law,
$45, valid in hands of bona fide holder. Cowing v.
Altman (Ct. App., N. Y.)......
24.-COMMERCIAL PAPER; agreement to defer payment
does not destroy character of. P. & G. M. Co. v.
Peale (U. S. Dist.)..

25.-COMPOSITION. Limit of examination of debtor.
Re Proby (U. S. Dist.) (in full)....
26.--Court has no power to prevent in proper case. Mat-
ter of Allen (U. S. Dist.) (in_full)...
27.-Refusal of creditor to take money on, not con-
tempt. In re Hinsdale (U. S. Dist.)..
28.-Debts created by fraud bound by; injunction re-
straining creditor proper during pendency of. In
re Shafer (U. S. Dist.)...
29.-Release of old firm and formation of new; when
after dismissal of proceedings in bankruptcy dis-
missal cannot be vacated for failure to pay compo-
sition. In re Ewing (U. S. Dist.)..
30.-Creditors, where debts are not proved, may not
vote as to. In re Mathers (U. S. Dist.).
31. Cannot be set aside for fraud suspected but not
inquired about before allowance. In re Herman (U.
S. Dist.)....

351

351

391

133

173

271

PAGE.

BANKRUPTCY - Continued.
56.-Certificate of discharge in bankruptcy, signed by
the judge and by clerk under seal, is sufficient proof
of fact. Miller v. Chandler (Sup., La.)
57.-FALSE PRETENSES, indictment for, under § 5132, U.
S. R. S. need not charge intent to defraud generally.
United States v. Myers (U. S. Dist.).
58.-FEES. What marshal is and is not allowed. In re
Hellmar (U. S. Dist.)
59.-FIDUCIARY DEBT. Liability of defaulting guardian
to surety who has paid his debt not under § 42. Cro-
mer v. Cromer (Sup. Ct. App., Va.)....
60.-Personal liability of executors to creditors is, and
judgment thereon enforceable notwithstanding
bankruptcy, receipt by creditors of dividends and
discharge. Lawrence v. McKenzie (Sup., Ga.)....
61.-Factor's debt to his principal is not within $33.
Keime v. Graff (U. S. Circ.)
62.-FORBEARANCE. Contract for as to bankruptcy
proceedings, when valid and when invalid. Ecker
v. McAllister (Ct. App., Md.)....

372

37

430

114

313

392

161

413

514

192

430

167

170

312

63.-FRAUD. Under $33 means positive and not implied
fraud. Neal v. Scruggs (U. S. Sup.).
64.-Composition does not discharge debts contracted
by. Libbey v. Strasburger (Sup., N. Y.)...
65.-Knowledge in vendee must be shown to set aside
fraudulent sale. Dickinson v. Adams (U. S. Dist.) 472
63.-Sale by one partner to another where a firm is insol-
vent is not. Russell v. McCord (U. S. Dist.)..
67.-Proceedings will not be vacated for, when applicant
guilty of laches and acquiescence. In re Court (U.
S. Dist.)...
68.-FRAUDULENT CONVEYANCE; assignee on bankruptcy
may maintain action to set aside without judgment.
Southard v. Benner (Ct. App., N. Y.)

490

511

[blocks in formation]

40. To procure adjudication against firm of one mak-
ing it valid. Sanford v. Huxford (Sup., Mich.).... 472
41.-DAMAGES for conversion of goods by sale under at-
tachment; market value on day of sale. Long v.
Conner (U. S. Dist.)
42.-DISCHARGE will not be set aside for irregularity
not appealed from. In re Buchstein (U. S. Dist.)... 192
43.-Assignee cannot plead; must be pleaded to affect
pending suits in State courts; not pleadable in ap-
pellate court. Higo v. Hoffman (Sup., La.)...
44.-Lien of judgment not proved not released bỷ.
Darley v. Mumpford (Sup., Ga.)....

271

72.-HUSBAND AND WIFE. Claim of wife of bankrupt against
estate; bankruptcy court has jurisdiction; wife's
equitable rights protected. In re Campbell (U. S. Dist.) 193
73.-INSOLVENCY. Trader unable to pay debts in usual
course insolvent; actual not constructive knowledge re-
quired to make creditor's acts fraudulent. In re Hancock
(U. S. Dist.)

74.-INTEREST on claim accruing after commencment of
proceedings allowable. In re B. & P. M'f'g Co. (U. S.
Dist.).

291

291

127

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)

173

193

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

472

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

271

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.).

[blocks in formation]

47.-Covenant of warranty in deed is barred by. Parker
v. Bradford (Sup., Iowa)..
48.-ESTOPPEL. Bankrupt not exhibiting accounts can-
not set up deficiency of creditors joining petition.
P. & G. M. Co. v. Peale (U. S. Dist.)...
49. Entries on books of bankrupt not; nor making
notes payable to another party proving claim against
estate. In re Dodge (U. S. Dist.).
50.-EXAMINATION of bankrupt allowed in composi-
tion. In re Ash (U. S. Dist.)...
51.-EXECUTION delivered to sheriff in New York
becomes a lien without levy before voluntary as-
signment. In re Paine (U. S. Dist.)....
52.-Lien of in good faith on individual property on
firm debt against individual creditors. In re San-
dusky (U. S. Dist.).....
53.-EXEMPTION. Homestead; must be claimed in Ala-
bama before sale; bankrupt and not State court may
cure mistake in; mistake no defense in collateral
action. Steele v. Moody (Sup., Ala.)...
54.-Partnership property not; or property purchased
with firm funds. In re Melvin (U. S. Dist.).....
55.-EVIDENCE. Admissions by bankrupt before assign-
ment admissible against assignee. Van Sacks v.
Kratz (Ct. Ann NY

[blocks in formation]

94.--Discharge in bankruptcy no defense to mechanics'
lien. Streeper v. McKie (Sup., Penn.)...
95.-When secured creditor has, without objection, proved
claim without mentioning mechanics' lien, this does
not release it as to third parties. Bassett v. Baird
(Sup., Penn.).
96.-MANDAMUS. Does not lie where right of action exists.
Discretion. People v. Campbell (Ct. App., N. Y.)..
97.-MORTGAGE. To secure future indebtedness valid.
Mistake: foreclosure. Schultz v. Bolting (U. S. Dist.).

313

313

253

PAGE

392

332

127

281

127

193

212

BANKRUPTCY Continued.
98.-Sale at auction not means of estimating value and
creditor holding as security will not be permitted to
prove residue after sale. In re Hunt (U. S. Dist.).... 332
99.-Creditor foreclosing in State court by leave of bank-
ruptcy court, cannot prove for deficiency. In re Her-
rick (U. S. Dist.)....
100.-NOTICE. Failing to notify creditor by clerical mis-
take does not destroy effect of proceedings as to him.
Thornton v. Hogan (Sup., Mo.).
101.-PARTIES. Any creditor may intervene on return day
of petition. In re Jonas (U. S. Dist.)
102.-Assignee not necessary party in pending action by
bankrupt. In re B. & P. Mfg. Co. (C. S. Dist.)
103.-PARTNERSHIP. The creditors who join in petition
against, need not all be firm creditors; involuntary
petition at instance of debtor. In re Matot (U.S.
Dist.)
104.-Accommodation indorsement by partner does not
bind firm. In re Irwin (U. S. Dist.)
105.-Note given by partners individually to secure firm
debt a firm liability. In re Thomas (U. S. Dist.)
106.--Debt against, secured by pledge of one partner's prop-
erty, must first be proved against firm as against cred-
itors of partner. In re May (U. S. Dist.)
107.-Discharge of member of firm; when does not relieve
firm from liabilities. Corey v. Perry (Sup., Me.).
108.-Composition by; refusal by one partner to carry on
does not avoid as to those who do: including capital
of supposed special partner in liabilities in good faith
not fraud; special partner no vote. In re Henry (U.
S. Dist.).
109.-Adjudication against by one without notice to the
other partner void. In re Temple (U. S. Dist.).
110.-Dissolution of firm; formation of new firm; title to
property. Crane v. Morrison (U. S. Dist.)..
111.-PLEADING. Petition by creditor corporation must
set forth authority of officer making; amount and
number of creditors must include all, large and small.
In re Roche (U. S. Dist.)
112.-Residence jurisdictional fact and must be pleaded;
residence members of partnership; variance. In re
Beals (U. S. Dist.)..
113.-Petition for discharge should state debts clearly;
firm and individual liabilities. Corey v. Perry (Sup.,
Me.)....

114.-In action to set aside fraudulent transfer. Hallack
v. Tritch (U. S. Circ.)...
115.-Petition need state only that petitioners believe num-
ber and amount are sufficient. P. & G. M. Co. v.
Peale (U. S. Dist.)...
116.-PRACTICE. Order for testimony of unwilling witness
under old Code, § 401, allowed in attachment. Allen v.
Meyer (Ct. App., N. Y.)

117.-PREFERRED CLAIM. Orders drawn on specified fund
entitled to be paid therefrom. In re Smith (U. S Dist.,
Mass.).
118.-Debt due agent of State on sale of State prop-
erty is. In re Miller (U. S. Dist.)..
119.-PREFERENCE. Mere personal non-resistance to ju-
dicial proceedings is not giving a. Tenth Nat. Bk.
N. Y. v. Warren (U. S. Sup.).....

313

412

413

431

472

111

271

291

351

430

272

[blocks in formation]

bankrupt, may set off grain converted by bankrupt.
McCabe v. Winters. (U. S. Dist.)..
137.-STATE INSOLVENT LAWS. Bankruptcy law has not
entirely superseded and compulsory proceedings
under are not prohibited. Geery's Appeal (Ct. Er.,
Conn.)......

138. SURETYSHIP. Debt partly paid by surety may be
proved in full; exchanged notes. Ex parte Harris,
etc. (U. S. Dist.).
139.-Creditors in secured debts of principal entitled to
mortgage given to secure bankrupt surety. Ex
parte Morris (U. S. Dist.).
140.-Incoming

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

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

141.-Outgoing partner agreeing with ingoing one to
pay firm debts a principal not a suret y. In re
Phelps (U. S. Dist.)....
142.-Extension of time to principal discharges bank-
rupt surety. Valley Nat. Bk. v. Meyers (U. S. Dist.). 351
143.-TAXATION. Property of bankrupt in hands of assign-
ees liable to State taxation. Re Mitchell (U. S. Dist.)
(in full.)
144.-TITLE. Assignee takes title to property of bankrupt
subject to legal claims. Safford v Burgess (U. S. C., Vt.) 38
145.--To goods furnished to be sold; construction of con-
tract. In re Denforth (U. S. Dist.).
146.--Possession of fixtures and outfit of manufactory
does not create resumption of. In re Binford (U. S.
Dist.)....
147.-TRADESMAN. Livery-stable keeper is. In re Odell (U.
S. Dist.)....
148.-Liquor saloon keeper is. In re Sherwood (U. S. Dist. 272
149.-Firm carrying on farm and owning stock in manu-
facturing corporation not. In re Stickney (U. S. Circ.) 372
BAR TO ACTION.-A satisfied judgment against one
of several persons liable, bar to action against others.
Cockroft v. Muller (Ct. App., N. Y.)..

431

213

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 payment not equivalent to
payment as between payee and acceptor. Yglesias v.
Mercantile Bank (Eng. Č. P. D.)...
3.-Acceptance; acceptor's name only written, not. Hind-
paugh v. Blakey (Eng. C. P. D.).

[blocks in formation]
[blocks in formation]

BOUNDARIES.-Must be ascertainable by calls of
deed. Lawrence v. Palmer (Ct. App., N. Y.).
2.-Fixed monuments do not control courses shown to be
right. Higginbotham v. Stoddard (Ct. App., NY.). 190
3.- When description governs and when not line fence
off true line. Jones v. Smith (Ct. App., N. Y.) 414
BROKERAGE.- Lien of brokers on cargo of sugar for
only extends to what is due on the particular cargo.
Barry v. Boninger (Ct. App., Md.)......
BURGLARY.-Opening inner door burglariously
entering. Johnston v. Commonwealth (Sup., Pa.)
(N. C.).....

74

371

138

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.)..

[blocks in formation]

213

[blocks in formation]

129.-PROVISIONAL WARRANT. When it will not be va-
cated. In re Clark (U. S. Dist.)....
130.-RECEIVER may prove debt of his estate in
bankruptcy. In re Mills (U. S. Dist.)..
131.-REDEMPTION. Subsequent incumbrancer does not
acquire benefit of, by assignee. In re Longfellow
(U.S. Dist.)..
133.-Assignee may redeem bankrupt's property. Lloyd
v. Lue (U. S. Dist.)....
133.-SALE. By assignee; purchaser takes property sub-
ject to all equities. Steadman v. Taylor (Sup.. N. C.) 351
134.-Of goods; condition that vendor's title shall not
pass valid. In re Binford (U. S. Dist.)..
135.-SET-OFF. Deposits in bank of bankrupt a security
for his debt tolbank and debt may be set off by bank.
Ex parte How. Nat. Bk. (U. S. D.)
136.-Debtor of bankrupt, purchasing storage receipt of

514

414

193

291

431

38

166

CARRIER OF PASSENGERS.-Steamboat
company is liable for loss of passengers' baggage.
Can. Nav. Co. v. M'Conkey (Q. B., Quebec).
2.-Railway company liable to boy on horse car by invi-
tation of driver. Day v. Brooklyn R. R. Co. (Sup.,
N. Y.)....
3.-Contractor with company riding on pass not a gra-
tuitous passenger, and stipulation against liability
for carrier's negligence invalid. Grand Trunk Ry.
Co. v. Stevens (U. S. Sup.) 131; (in full)
4.-Luggage. Railway companies carry as insurers.
Macrow v. Gt. West. Ry. Co. (Eng. Q. B. D.) (note). 216
5.--Negligence. Contributory negligence of passen-
ger contributing to injury, dressing fashionably is
not. West Philada. Pass. R. R. Co. v. Whipple
(Sup., Pa.) (N. C.)......
6.-Contributory negligence of passenger causing in-
jury, re-entering moving train to obtain change not
Imputable to railroad company. P. C. & S. L. Ry.
Co. v. Krouse (Sup., Ohio) (N. C.)...
7.-Steamboat Negligence. Passenger leaving boat
temporarily while landed not contributory negli-
gence. K. N. L. Pack. Co. v. True (Sup., III.).
8.-Not liable for luggage not under their control.
Bergham v. Great East. Ry. Co. (Eng. Ct. App.) (N. C.) 298
9.-Luggage must be ready for delivery at end of jour-
ney, when owner must remove it. Patscheider v.
G. W. Ry. Co. (Eng. Exch. D.)...................

218

239

274

58

58

312

« PreviousContinue »