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Decree affirmed, for the reasons given in the court of chancery.
For affirmance-ABBETT, DEPUE, Dixon, GARRISON, LIPPINCOTT, REED, VAN SYCKEL, BOGERT, SMITH—9.
PAGE. ACCOUNTING–1. A written agreement was made between bankers,
as promoters, and a number of manufacturers of paper goods, as vendors, for the organization of a corporation, to which the properties of the vendors should be conveyed, fixing the rights of all the parties. A secret agreement was subsequently made by the promoters with a part of the vendors, which gave the latter an advantage and profit over the other vendors.—Held, that a bill for an accounting of such profits by one of the vendors, a party to the first agreement only, was not subject to demurrer for multifariousness for making all the vendors with whom the secret agreement was made, parties together with the corporation and the promoters. SHUTTS v. UNITED Box, BOARD AND PAPER Co., 225
2. — To justify a bill in equity for an accounting, the issues must be so numerous, so distinct, and the evidence to sustain them so variant, technical and voluminous, that a jury is incompetent to deal intelligently with them and come to a just conclusion. DE BEVOISE v. H. & W. Co........
3. — A court of equity will not decree specific performance nor
order an accounting which will serve only to aid the complain-
4. — H. was the physician, confidential friend and adviser of
W., from whom he received $15,000, to be held in trust for her benefit. He used some of the money to pay bills for her ; some he appropriated to his own use, and some he invested in a farm, and in machinery, stock and implements for operating it, taking title to the farm in the name of W. H. conducted the farm as if it were his own, operating it at a loss. W. also mortgaged the farm for $2,200, H. receiving the proceeds. Finally W. took possession of the farm and sold the stock, implements and machinery, and seeks an accounting from H.--Held, that H. is chargeable with the original $15,000, with interest, and the $2,200 raised on mortgage, with interest, but not with the income from the farm; and that he is entitled to credit for the cost of the farm and permanent improvements as of the time W. took possession, and for the moneys realized from the sale of the stock, machinery and implements, and also for all moneys paid to W. or for her use, not including any expenses of operating the farm. WIETERS V. HART.................................. 507
PAGE. 5. — Testator had standing to his credit on the books of a cor
poration a large sum as accumulations of surplus income, which
ADULTERY-See DIVORCE, 11.
AFFIDAVITS-See DISCOVERY, 2.
ALIMONY-1. Alimony is only allowed when the husband has been
guilty of a matrimonial offence, and impotence is not such an
2. — A wife divorced a mensa ct thoro is still under the obliga
tion of chastity, and alimony is conditional on her performance
3. — A wife is not bound to return to the home of her husband
where he is living in open adultery with another woman. FRED
4. —- In the absence of proof that under the laws of a sister state
alimony can be given in a gross sum, the courts of this state may
AXSUITIES-See ACCOUNTING, J.
ANSWER--1. If a defendant submits to answer he must answer
fuly, and not only as to his knowledge of each fact charged ; he must answer if he have no knowledge, as to his information and belief regarding it. THOMPSON 1. MORTII................... 278
2. —- An unqualified admission on information and belief will
dispense with proof of the fact alleged. Id................... 278
3. — A defendant is not, in answering, required to obtain infor
mation, not in his own or his agent's possession. Id.......... 278
APPEAL--See Wills, 7.
ASSIGNMENT-See TRADE SECRETS.
ASSIGNMENT FOR CREDITORS-Scc CHATTEI. MORTGAGES, 1,
3; INSOLVENT CORPORATIONS, 13.
ASSIGNMENT OF MORTGAGE–The record of an assignment of
a mortgage is constructive notice of its existence and contents to
ASSOCIATIONS—"An act for winding up voluntary associations
and associations with partnership liabilities" (P. L. of 1899 p. 48.5) does not clothe the chancellor with power to enforce the payment of debts contracted by such associations, by an assessment against the members thereof, in a case where by a previous proceeding in chancery the business in the course of which such debts were contracted had been wound up and the property and assets of such association got in and distributed. HENRY 1. SIMANTON ......... ..................
It owned a brick-producing plant appraised at $100,000, and was
2. — A solvent debtor giving a mortgage to secure a creditor
does not give a preference, within Bankrupt act of July 1st,
or previously loaned is not evidence that the creditor believes
4. — The words "for a present consideration," in Bankrupt act
of July 1st, 1898, chapter 541, section 67 (30 Stat. p. 564; U. S.
5. — Under clause e in section 70 of the Federal Bankrupt act,
trustees in bankruptcy may avoid a mortgage made by a New
6. — Under Section 64 of the New Jersey Corporation act, in-
solvency denotes a general inability to meet pecuniary liabilities
7. — A mortgage given merely to secure antecedent debts is not
given "for value," within the meaning of clause e in section 70
BILLS AND NOTES-1. After the loss of three cashier's checks
the bank offered to pay the amount due thereon, which was not
2. — Quære. Has a court of law jurisdiction over a suit on a
BONA FIDE PURCHASERS-A purchaser purchased at a sale
under a mortgage foreclosure decree unimpeachable except as to