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[The numbers in this Index refer to pages]

BANKRUPTCY-Continued

Partnership,

petition by one partner, effect, 55
suits by solvent partner, 65, 69
Petition in bankruptcy, effect of
filing, 55

Pleading, bankruptcy as defense
to action, 86

intervention proceedings, 65
setting aside fraudulent trans-
fers, 78

Pledges, priority of lien, 79
Preferences, measure of recovery
on setting aside, 63

state courts, jurisdiction of ac-
tion to set aside, 63
when preference unlawful, 72
Private sale of assets, authority
under bankruptcy act, 62
Property passing to trustee, 57
corporate assets, 57

subsequently acquired property
not assets, 60

Provable debts, claims constitut-
ing, 55, 56

Provisions, exemption under bank.

ruptcy act, 71

Public auction of assets under

amended act of 1867, 61
Public utilities, nonliability, 53
Rejection of assets by trustee, 59
Remedies, powers vested in trus-
tee, 62

intervention by trustee, 64
setting aside preferences, 63
Repeal of national act, effect on
state law, 50

Sale of assets, public or private
sale, 61

Scope of article, 48

State statutes suspended by fed-
eral acts, 50

Stay of proceedings, appeals, 69
effect, 66

jurisdiction of state court, 69
liens, 67

surety's enforcement of under-
taking, 68

Stockholders, bankrupt, when, 52
transferrer of stock, liability,
58

unpaid subscriptions, 57
Subrogation, right of bankruptcy
trustee, 81

Subsequently acquired property
not assets, 60

Suits, by and against trustee, 62
actions against trustee, 65
intervention by trustee, 64
partnership accounting, 65

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Agent of depositor, fraud by,
liability, 217

Agreements with depositors, ef-
fect, 208

corporation depositors, 208
Altered checks, action against
bank for paying, 221

recovery by bank of money
paid, 222

rights of innocent payee, 223
Articles of incorporation, ap-
proval of bank superinten-
dent, 118

filing with superintendent, 118
Assessments, banks for banking
department, 110

stockholders, to repair capital,
139, 145

Assignments, bank balance, 211
check as assignment of funds,
244

Attachment of deposit by cred-
itor, bank's right of setoff,

274

Attorney general, escheat pro-
ceedings, duties, 232

Banking acts, 101, 286
Banking business, definition, 102
certificate to do business, 111,
117

BANKS-Continued

Bank notes, power of state bank
to issue, 179

Blank signature of check, lia-
bility between bank and de-
positor, 217

Bonds of officers, scope, 168
defalcations creating liability,

169

Books of bank as evidence, 184
false entries, criminal liability,

171

Borrowing money, powers of
banks, 180, 181

Branch banking authorized, 128
approval of bank superinten-
dent, 128

capital required for purpose,

128

discontinuance of branch, 129
revocation of license, 126
trust companies, 128

Calls, liability of stockholders,

146

Capital, see Stock and Stock-
holders

impairment, assessments to re-

pair, 139

note of directors to correct,

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checks deposited for collection,

title in, 195

classification, 185

general deposit defined, 185
gift of deposit, 200

heirs of depositor, withdrawal
of deposit, 226
insolvent bank, liability for
receiving deposits, 206
interest, when chargeable, 203
negotiability of account, 210
public administrator, when may
withdraw, 227

public funds, regulations gov-
erning, 236

recovery from bank, 246
sale of bank, withdrawal of de-
posit, 120

savings banks, notice of with-
drawal, 228

setoff by depositor, 204
special deposit defined, 185
title to money, drafts, checks,
deposited, 194

transfer by depositor, 210
trust created, title in deposit,
202

trust funds, withdrawal by
trustee, 225

unclaimed deposits, escheat,
229-235

withdrawal, how made, 211
Directors, breach of trust, lia-
bility, 156
compensation, 164
debts

in excess of capital
stock, liability, 157
embezzlement, liability, 127
executors and administrators as,
154

fiduciary relation toward stock-
holders, 155

knowledge imputed to bank,
when, 162

meetings of board, 156
mismanagement,

bility, 171

oath of office, 155

BANKS-Continued
Directors,

qualifications, 154

statutory liability, 157
Discounts of commercial paper,

278

Dishonor of check, liability, 240
Dissolution, liquidation by bank
superintendent as, 295

voluntary and involuntary, 313
Dividends from profits, 138
Drafts, savings banks, power to
issue, 179

Embezzlement by officer, liability
of directors, 157

Escheat of unclaimed deposits,
229, 230

action by attorney general for

escheat, 232-234

notice to be given by state, 231
rights of owner of deposit, 234
Estoppel, denial of corporate ex-
istence, 182

nonowner of stock, 151

ultra vires as defense, 172
Evidence, books of bank as, 184
Examination, liability of banks,

112

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criminal

lia-

payment

posting notice of shares held,

154

by bank, recovery

back, 222

Franchise, necessity, 105

termination by insolvency, 295

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