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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.
For affirmance—THE CHANCELLOR, CHIEF JUSTICE, GARRISON, SWAYZE, TRENCHARD, PARKER, BERGEN, MINTURN, KALISCH, BLACK, VREDENBURGH, WHITE, TERHIUNE, HEPPENHEIMER, WILLIAMS, TAYLOR, JJ. 16.
ABATEMENT AND REVIVAL. check in settlement thereof is of
such a character as to give the
creditor notice that it must be
the claim or not at all, the re-
creditor constitutes an accord
630 than that for which the debtor
is liable does not constitute a
satisfaction it is essential that|| less there is a bona fide dispute
to whether or not there was a
certain and is due, payment by amount of the plaintiff's claim,
16.ACTS OF THE LEGISLATURE.
4. Where a claim is unliquidated or 1. Under the procedure authorized
in dispute, payment and accept- by Pamph. L. 1873, p. 27, to
or joint resolution was not duly
a creditor of a check declared by the constitution must be es-
tablished by the petitioner by
16.2. In determining whether a bill or
joint resolution has been duly
Appeal and Error.
legislature, although competent from all his provable debts, ex-
knowledge of the proceedings in
suit against the bankrupt, subse-
debt existing at the time of the
gued in an appellate court will tion of a certified copy of the
that his debt came within the
hear a party as to a question
obtained March 4th, 1898, for
view a question that has not or not the use of initials and
bly depend upon extrinsic cir-
evidence in this case the use of
initials and omission of the
(2) that the erroneous state-
ment as to the amount of the
mer attorney, who was disbarred, 1 try were of no importance, since
and hence they were properly
3. The referee in bankruptcy is
with the duty to examine all
schedules and lists of creditors,
and cause such as are incom-
plete or defective to be amended ;
act of 1898, as amended, pro nothing appearing to the con-
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
16. a set-off in law relates solely to
where there are mutual debts,
denies that he received notice, set-off to the executors or ad-
10. offence and fixing the penalty
declares, in the same section,
rejects any part of the bank should extend to any person in
livery of the instruments, but
without asserting his claim the knowledge of the plaintiff as
Ib. plaintiff, and, upon the conclu-
sion of the case the trial judge
fendant. Held, that the notes
to his credit in a bank in the have been made for valuable