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This case was tried before Judge Lloyd in the Middlesex Circuit Court without a jury, who gave judgment in favor of the plaintiffs, and defendants appealed.

The record brought up fails to show any request to the trial court, by the appealing party, to make a finding or findings of law or fact, or law and fact, or any exception or objection to the adverse finding made. On this record there is nothing to be reviewed. Blanchard Brothers v. Beveridge, 86 N. J. L. 561. See, also, Webster v. Freeholders of Hudson, Id. 256.

The judgment under review must be affirmed.


Fo reversal-None.


ABATEMENT AND REVIVAL. check in settlement thereof is of

such a character as to give the
See PLEADING, 2, 3, 4.

creditor notice that it must be
accepted in full satisfaction of

the claim or not at all, the re-
ACCORD AND SATISFACTION.) tention and use thereof by the

creditor constitutes an accord
1. A consideration is necessary to and satisfaction.

render an accord and satisfac-
tion valid. Decker v. Smith & 7. The payment of an amount less

630 than that for which the debtor

is liable does not constitute a
2. To constitute a valid accord and valid accord and satisfaction un-

satisfaction it is essential that|| less there is a bona fide dispute
the debtor shall have offered or controversy as to the debtor's
what was given, and the creditor liability, or as to the amount
shall have accepted it with the due from him, or unless the dam-
intention that it shall operate ages are unliquidated.

as a satisfaction. The intention
of the parties must be deter-8. Where the evidence is conflicting,
mined from all the circumstances or the legitimate inferences aris-
attending the transaction. 16.|| ing therefrom are conflicting, as

to whether or not there was a
3. Where the debt is liquidated or|| bona fide dispute as to the

certain and is due, payment by amount of the plaintiff's claim,
the debtor and receipt by the the question whether there was
creditor of a less sum is not all an accord and satisfaction de-
satisfaction thereof, although the pending upon such dispute, is for
creditor agrees to accept it as|| the jury.

such, if there be no release un-
der seal or no new considera-


4. Where a claim is unliquidated or 1. Under the procedure authorized

in dispute, payment and accept- by Pamph. L. 1873, p. 27, to
ance of a less sum than claimed!' have the Supreme Court declare
in satisfaction, operates as an null and void a law or joint
accord and satisfaction. - 16. resolution, the fact that such law

or joint resolution was not duly
5. The acceptance "on account” by passed and approved as required

a creditor of a check declared by the constitution must be es-
by the debtor to be in full pay-

tablished by the petitioner by
ment, when in fact the debt was clear and convincing evidence.
a liquidated demand concededly In re Low,

due, does not constitute an ac-
cord and satisfaction.

16.2. In determining whether a bill or

joint resolution has been duly
6. Where a claim is disputed or un-passed and approved, the jour-
liquidated, and the tender of all nals of the two houses of the


Appeal and Error.


legislature, although competent from all his provable debts, ex-
sources of evidence, are not the cept such as * * * (3) have
only sources, and inferences may not been duly scheduled in time
be drawn from other evidence,'' for proof and allowance, with
aliunde the journals, e. 9., the the name of the creditor, if
certificates by the speaker of the known to the bankrupt, unless
house and the president of the such creditor had notice or actual


knowledge of the proceedings in
bankruptcy.” Held, that in a

suit against the bankrupt, subse-
APPEAL AND ERROR. quent to his discharge, upon a

debt existing at the time of the
1. A question not presented and ar-l! filing of the petition, the produc-

gued in an appellate court will tion of a certified copy of the
not be considered by such tri order of discharge makes a prima
bunal. Public Serr. Elect. Co.!! facie defence, and the burden is
v. Bd. of Pub. Util, Com'rs, 603 cast upon the plaintiff to show

that his debt came within the
2. A court of last resort need not exceptions. Claflin v. Wolff, 308

hear a party as to a question
which could have been, but was 2. In the bankrupt's schedule the
not, raised in an intermediatel judgment creditor and its judg-
court of Appeals, except where ment were scheduled as follows:
the question goes to the juris H. B. Claflin & Co., N. Y. City,
diction of the subject-matter, or judgment December 12/89, $1,-
where a question of public policy 583.72; whereas the evidence
is involved. State v. Shupe, 610 showed that the judgment was

obtained March 4th, 1898, for
3. An appellate court will not re $2,300. Held, (1) that whether

view a question that has not or not the use of initials and
been legally raised in the lower omission of street address are in-
court. Smith v. Wahl, 623 sufficient will almost invaria-

bly depend upon extrinsic cir-
See also DISTRICT Courts, 2. cumstances, and that under the

evidence in this case the use of

initials and omission of the
ATTORNEYS, DISBARMENT street address were sufficient ;

(2) that the erroneous state-

ment as to the amount of the
Grounds stated upon which a for judgment and the time of its en-

mer attorney, who was disbarred, 1 try were of no importance, since
is relieved from the disability it was not pretended that the
thience arising with respect to! judgment sued upon and the one
his application for admission to! scheduled were not identical,
the bar. In re Harris,


and hence they were properly
treated as identical by the trial


3. The referee in bankruptcy is
See CONTEMPT, 1, 2, 3. charged by the Bankruptcy act

with the duty to examine all

schedules and lists of creditors,

and cause such as are incom-

plete or defective to be amended ;
1. Section 17 of the Bankruptcy it will, therefore, be presumed,

act of 1898, as amended, pro nothing appearing to the con-
vides that “a discharge in bank trary, that the referee adjudged
ruptcy shall release a bankrupt the address sufficient.


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Banks and Banking.

Bills and Notes.


4. The Bankruptcy act imposes the i upon which he was an endorser

duty of mailing notices to cred and for the amount of which
itors on the referee in bank note he received credit in his ac-
l'uptcy, and it will be presumed, count with the bank, since the
in the absence of anything ap banking commissioner, and not
pearing to the contrary, that the the bank, under the statute is
officer properly performed that the real party in interest, and

16. a set-off in law relates solely to

where there are mutual debts,
5. The mere fact that a creditor extending, however, the right of

denies that he received notice, set-off to the executors or ad-
or had notice in the bankruptcy ministrators or such debtors.
proceedings in time to prove his Roseville Trust Co. v. Barney,
claim, is not conclusive that the
statutory notice was not given,
or that he had no actual knowl-|

edge of such proceedings, in the
face of a record of the United The statute relating to the crime
States Court that such notice of bigamy, after defining the
was given.

10. offence and fixing the penalty

declares, in the same section,
6. When a trustee in bankruptcyl that nothing in that section

rejects any part of the bank should extend to any person in
rupt's assets because their ac classes particularly described.
ceptance would be a burden tot Held, that in an indictment for
the estate, such action is final | bigamy, it was not necessary to
and the title thereto remains in aver that the defendant was not
the bankrupt unless the federal! within either of the excepted
court shall compel another classes. State v. Reilly, 104
course, and the trustee, having,
rejected any part of the bank-
rupt's estate, is divested of any BILLS AND NOTES.
sufficient title upon which to rest||
an action in trover for the con- 1. In an action brought to recover
version of such assets by the the amount due upon certain
bankrupt or his assigns. Besi-| promissory notes, the defendant
rov v. Innis Speiden c Co., 548 admitted the making and de-

livery of the instruments, but
7. Where I trustee in bankruptcy, set up want of consideration to

without asserting his claim the knowledge of the plaintiff as
thereto within a reasonable time, a defence. The plaintiff offered
having knowledge of all the cir the notes in evidence and rested.
cumstances, allows third parties, The defendant and two other
in the prosecution of their legal witnesses called by him gave tes-
rights, to acquire an interest in timony which, if believed, showed
any part of the unclaimed assets that the notes in suit lacked con-
of the bankrupt, he may be held sideration to support them. No
to have waived his claim thereto. witnesses were examined for the

Ib. plaintiff, and, upon the conclu-

sion of the case the trial judge
BANKS AND BANKING. directed a verdict for the de-

fendant. Held, that the notes
A depositor cannot set off a deposit are to be deemed prima facie to

to his credit in a bank in the have been made for valuable
hands of the banking commis consideration. They gave inher-
sioner in the process of liquida ent evidence of validity. Because
tion, against an indebtedness due all the individual witnesses who
the bank upon a promissory notell testified gave evidence tending to

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