they have power to order either real or per- I dinate it to the claims of subsequent creditors. sonal property sold at private sale.-In re Edes-In re Ewald & Brainard (D. C.) 168. (D. C.) 595. Claims against and distribution of An allowance to the attorney of a voluntary bankrupt held improperly made a prior charge on the proceeds of mortgaged property against the mortgagee.-Liddon & Bro. v. Smith (Č. C. A.) 43. as Under Bankr. Act July 1, 1898, c. 541, § 1, subd. 11, and section 68, 30 Stat. 544, 565 [U. S. Comp. St. 1901, pp. 3419, 3450], a national bank, indebted to a bankrupt on a deposit and holding a liability against him as indorser which matured after the bankruptcy petition was filed, held entitled to set off the deposit against such liability and prove the balance against his estate. In re Philip Semmer Glass Co. (C. C. A.) 77. Liability of a bankrupt indorser of commercial paper which did not become absolute until after the filing of the petition held a provable debt. In re Philip Semmer Glass Co. (C. C. A.) 77. Under Bankr. Act July 1, 1898, c. 541, § 57, subds. "a," "b," "d," "," 30 Stat. 560 [U. S. Comp. St. 1901, p. 3443], the verified claim against a bankrupt, valid on its face, is prima facie evidence of the bankrupt's indebtedness. In re Dresser (C. C. A.) 495. Failure to file a writing, the basis of a claim against a bankrupt's estate. as required by Bankr. Act July 1, 1898, c. 541, § 57b, 30 Stat. 560 [U. S. Comp. St. 1901, p. 3443], held not to create a presumption against the existence thereof. In re Dresser (C. C. A.) 495. A referee's finding that a claim against a bankrupt's estate was transferred by the claimant to her husband, with knowledge of the bankrupt's insolvency, for the purpose of enabling the husband to set it off as against an indebtedness to the bankrupt, held sustained by the evidence. In re Shults (D. C.) 623. Where one indebted to a bankrupt firm took an assignment of a claim against the firm, which he claimed as an offset against his indebtedness, the burden was on him to show that the transfer was made before the firm suspended, and without knowledge of its insolvency. In re Shults (D. C.) 623. 10. Rights, remedies, and discharge of bankrupt. Facts held insufficient to show the abandonment of a bankrupt's homestead by his removal to another state. In re Schulz (D. C.) 228. A bankrupt held not entitled to a discharge under Bankr. Act July 1, 1898, c. 541, § 14b (2), 30 Stat. 550 [U. S. Comp. St. 1901, p. 32 Stat. 797 [U. S. Comp. St. Supp. 1903, p. 3427), as amended by Act Feb. 5, 1903, c. 487, 411], because of his failure to keep any books from which his financial condition could be ascertained.-In re Alvord (D. C.) 236. A bankrupt held not entitled to an extension of time for the filing of an application for a discharge within the court's discretion, under Bankr. Act July 1, 1898, c. 541, § 14, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3427].-In re Lewin (D. C.) 252. Specifications of objections to the discharge of a bankrupt on various grounds considered, and held not sustained by the evidence.-In re Doherty (D. C.) 432. The portion of the monthly salary of a public officer of a state which was earned, but not payable, at the time of his filing a petition in bankruptcy, did not pass to his trustee, and his failure to schedule the same was not, therefore, a concealment of property which defeats his right to a discharge. In re Doherty (D. C.) 432. Where a notice of exemption is so general as not to indicate what specific articles the bankrupt claims as exempt, and he makes no A creditor, holding an unrecorded chattel mort-request for specific articles until after the sale, gage securing his debt, at whose instance the the right of exemption is waived. In re Von debtor obtained a loan from a bank on a writ- Kerm (D. C.) 447. ten statement showing his property free from incumbrance, and who received part payment of his debt from the proceeds, will be postponed in bankruptcy, as to the remainder of his claim, to the debt of the bank.-In re Ewald & Brainard (D. C.) 168. The act of a creditor in withholding from record a chattel mortgage securing his debt, by agreement with the mortgagor, until the latter's bankruptcy, while it may render the mortgage invalid as a lien as against subsequent creditors without notice, does not of itself affect his right to prove his debt in bankruptcy, nor subor Where a bankrupt fraudulently conveyed cer tain of his property within four months prior to the filing of his petition, he was not entitled to a discharge under Bankr. Act July 1. 1898, c. 541, § 14, subd. b (4), 30 Stat. 550 [U. S. Comp. St. 1901, p. 3427], as amended by Act Feb. 5, 1903, c. 487, § 4, 32 Stat. 797 U. S. Comp. St. Supp. 1903, p. 411]. In re Miller (D. C.) 591. A bankrupt whose financial difficulties were the result of fraudulent transactions held not entitled to his discharge.—In re Miller (D. C.) 591. A specification that a bankrupt had failed to deliver to the trustee a stock of goods in his possession held insufficient, in the absence of an averment that he concealed the same. In re Taplin (D. C.) 861. An objection to a bankrupt's discharge, not set forth in the specifications filed, cannot be considered. In re Taplin (D. C.) 861. the proceeds of mortgaged property of the bankrupt sold by his trustee, are reviewable by the Circuit Court of Appeals in the exercise of its general appellate jurisdiction, under Bankr. Act July 1, 1898. c. 541, § 24a, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3431].-Liddon & Bro. v. Smith (C. C. A.) 43. An order disallowing a mortgage lien upon Under Bankr. Act July 1, 1898, c. 541, §§ 14 merchandise and fixtures of a bankrupt is the (1), 29b, 30 Stat. 550, 554 [U. S. Comp. St. subject of an appeal to the Circuit Court of Ap1901, pp. 3428, 3433], a specification against a peals, under Bankr. Act July 1, 1898, c. 541, bankrupt's discharge, failing to allege that he24a, 30 Stat. 553 [U. S. Comp. St. 1901, p. knowingly and fraudulently concealed property 3431]. In re First Nat. Bank (C. C. A.) 62. which he failed to inventory, held insufficient.— In re Taplin (D. C.) 861. Where a lease to a bankrupt contained a waiver of exemptions, the landlord was entitled to payment of rent as a preferred claim from the proceeds of a sale of exempt property subject to distress, though no levy was made.-In re Sloan (D. C.) 873. An assignment of a bankrupt's exemption, under Act Pa. 1849 (P. L. 533), held an abandonment thereof.-In re Sloan (D. C.) 873. A bankrupt having notified the receiver of the property from which he desired his exemptions allotted on the day the property was sold, prior to the filing of his schedules, he was entitled to claim his exemption from the proceeds of such property.-In re Sloan (D. C.) 873. Where a bankrupt and his assignee claimed an interest in the fund derived from the sale of his assets, they were entitled to contest the allow ance of a claim against such fund.-In re Sloan (D. C.) 873. The burden of showing fraudulent concealment of assets by bankrupt held to be on the creditors opposing his discharge.—In re Keefer (D. C.) 885. Failure to keep books of account held not ground for refusing bankrupt a discharge.-In re Keefer (D. C.) 885. Under general orders in bankruptcy No. 32 (89 Fed. xiii), a creditor opposing a discharge held required, unless for good cause, to enter appearance not later than the return day.-In re Grant (D. C.) 889. The liability of a bankrupt to the trustee of another bankrupt, under Bankr. Act July 1, 1898, c. 541, § 70e, 30 Stat. 566 [U. S. Comp. St. 1901, p. 3452], for the value of property transferred to him by the latter while insolvent, in fraud of his creditors, is one based upon his own fraud, from which he is not released by a discharge, under section 17a (2) as amended in 1903 (32 Stat. 798 [U. S. Comp. St. Supp. 1903, p. 411]).-Mackel v. Rochester (D. C.) 904. A bankrupt is not entitled to a stay of a pending suit against him which is based upon his alleged fraud, although the plaintiff in his complaint has waived the tort and sued upon an implied contract; the claim sued on being one from which, if sustained, a discharge would not be a release.-Mackel v. Rochester (D. C.) 904. 11. Appeal and revision of proceedings. Proceedings on a petition filed in a bankruptcy court by a mortgagee, asserting the right to An order allowing a claim against the individual estate of a partner in a bankrupt firm, after it had been allowed against the firm estate, is not different from any order allowing a is sufficient, only by appeal, under Bankr. Act debt or claim, and is reviewable, if the amount July 1, 1898, c. 541, § 25a, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432].-In re Mueller (C. C. A.) 711. bankruptcy proceedings proper, relating to the Judgments or orders of a District Court in administration of the estate, if appealable under the terms of Bankr. Act July 1, 1898, c. 541, § 25a, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432], cannot be reviewed on petition to revise in matter of law under section 24b; the two provisions being exclusive of each other.-In re Mueller (C. C. A.) 711. Judgments or orders of a District or Circuit Court, entered in controversies arising in bankruptcy proceedings, as distinguished from those entered in bankruptcy proceedings proper, are reviewable by the Circuit Courts of Appeals only by appeal or writ of error under their general appellate jurisdiction, as provided in Bankr. Act July 1, 1898, c. 541, § 25a, 30 Stat. 553 (U. S. Comp. St. 1901, p. 3432].-In re Mueller (C. C. A.) 711. A claimant of a lien against a bankrupt's property, held invalid as a preference by the referee and District Court, held not a purchaser for value, or adverse claimant, entitled to appeal within six months, under Bankr. Act July 1, 1898, c. 541, § 24, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3431], but was within the ten-day limitation prescribed by section 25a.-Kenova Loan & Trust Co. v. Graham (C. C. A.) 717. Whether a lien claimed by a bankrupt's creditor under a trust deed constituted a valid preference, under the bankrupt law, held a question of fact, not reviewable on a petition for review of an adverse determination by the referee and District Court.-Kenova Loan & Trust Co. v. Graham (C. C. A.) 717. On a petition for review of an order of a District Court in bankruptcy, as distinguished from an appeal therefrom, questions of law only can be considered.-Kenova Loan & Trust Co. v. Graham (C. C. A.) 717. Where the parties to an appeal to the Circuit Court of Appeals in effect were unable to agree on the record, it was appellant's duty to designate the same, leaving appellee to his remedy by certiorari to obtain the insertion of omissions. In re A. L. Robertshaw Mfg. Co. (D. C.) 220. Under Bankr. Act July 1, 1898, c. 541, § 25a, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432], and Act March 3, 1891, c. 517, § 11, 26 Stat. 829 [U. S. Comp. St. 1901, p. 552], the record of appeals to the Circuit Court of Appeals in bankruptcy cases must contain the entire record, as required by Rev. St. §§ 698, 750 [U. S. Comp. St. 1901, pp. 568, 591], in the absence of a stipulation to the contrary.-In re A. L. Robertshaw Mfg. Co. (D. O.) 220. | The tangible assets and the liability of stockholders of an insolvent national bank in process of voluntary liquidation, in the hands of the liquidating agent, are a trust fund for the primary benefit of creditors.-George v. Wallace (C. C. A.) 286; Brownlee v. Same, Id.; Morsman v. Same, Id.; Poppleton v. Same, Id.; Morton v. Same, Id.; McCague Inv. Co. v. Same, Id. BAR. Of action by former adjudication, see "Judg ment," § 2. BENEFICIAL ASSOCIATIONS. The court of bankruptcy from which an ap peal is taken has no jurisdiction to designate what records shall be certified on which the appellate court shall determine the appeal. In re A. L. Robertshaw Mfg. Co. (D. C.) 220. Bankruptcy proceedings held to be still pending in the District Court after the dismissal of petition to revoke discharge, so as to authorize it to restrain arrest of bankrupt, while the cause stands on review in the Circuit Court of Appeals on petition, under Bankr. Act July 1, 1898, c. 541, § 24b, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3431]. In re Chandler (D. C.) 893. | Acceptance of, as ground of estoppel, see “Es Building or loan associations, see “Building and Loan Associations." toppel," § 1. BENEFITS. BANKS AND BANKING Jurisdiction of actions against national banks, See "Wills." see "Courts," §§ 2-4. § 1. National banks. BEQUESTS. BIAS. Notes executed by an insolvent national bank Of juror, see “Jury,” § 1 in process of liquidation, under a contract withanother bank which had assumed the debts of the liquidating bank, held "contracts, debts, and BILL OF EXCEPTIONS. engagements" of the liquidating bank in equi- See "Exceptions, Bill of." A suit by a simple creditor of a liquidating insolvent national bank for the enforcement of a lien and the administration of a trust with reference to the liquidating bank's assets held maintainable, though complainant had not reduced his claim to judgment.-George v. Wallace (C. C. A.) 286; Brownlee v. Same, Id.; Morsman v. Same, Id.; Poppleton v. Same, Id.; Morton v. Same, Id.; McCague Inv. Co. v. Same, Id. Where a contract for the assumption of the debts of an insolvent national bank by another national bank was fully ratified by the vote of more of the stock of the liquidating bank than was required by Rev. St. §§ 5220, 5221 [U. S. Comp. St. 1901, p. 3503], its stockholders were not entitled thereafter to claim that the contract was ultra vires.-George v. Wallace (C. C. A.) 286; Brownlee v. Same, Id.; Morsman v. Same, Id.; Poppleton v. Same, Id.; Morton v. Same, Id.; McCague Inv. Co. v. Same, Id. A trustee and liquidating agent of an insolvent national bank holds its assets under an express trust for the benefit of its creditors.George v. Wallace (C. C. A.) 286; Brownlee v. Same, Id.; Morsman v. Same, Id.; Poppleton v. Same, Id.: Morton v. Same, Id.; McCague Inv. Co. v. Same, Id. BILLS AND NOTES. Cancellation of note, see "Cancellation of Instruments," § 1. Jurisdiction of action on note of national bank, see "Courts," §§ 2, 4. BONA FIDE PURCHASERS. Of municipal bonds, see "Municipal Corporations," § 1. BONDS. Character of parties ground of jurisdiction of BREACH. Of contract, see "Sales," § 3. BRIDGES. CARRIERS. Measure of damages for breach of contract Carriage of goods by vessels, see "Shipping," See "Factors." BROKERS. § 1. Duties and liabilities to principal. In an action against a broker for wrongfully In an action against a broker for selling BUILDING AND LOAN ASSOCIATIONS. Transaction by which a note for $1,200 was BUILDING CONTRACTS. See "Counties," § 1. CANCELLATION OF INSTRUMENTS. 1. Right of action and defenses. A federal court of equity has jurisdiction A conveyance of plaintiff's interest in her ecuted gift, not subject to vacation in equity, See "Shipping." CARGO. § 4. Carriage of passengers by vessels, see "Ship- 1. Carriage of goods. of duty by the superintendent of a wharf held Upon the issue as to the negligence of a A carrier is not liable for a loss of property over negligence in diverting a through shipment of Loss to a large shipment of cattle which to have been proximately due to such cause, 3. Carriage of passengers. A railroad company may lawfully exempt it- A judgment in favor of a passenger for $200 380, 39 C. C. A. 573.-Baltimore & O. R. Co. In an action against a carrier for injuries to CHEAT. See "Fraud." CHINESE. to employ every possible preventative which Exclusion or expulsion, see "Aliens," § 1. CHOSE IN ACTION. The court having charged that the burden | Assignment, see "Assignments." CIRCUIT COURTS OF APPEALS. Instructions given in an action against a car- In an action against a carrier for injuries to See "Courts," § 7. CIRCUMSTANTIAL EVIDENCE. Requisites and sufficiency of instructions relat- CITIES. of the carrier to keep its tracks in safe condi- See "Municipal Corporations." CAUSE OF ACTION. See "Action." CHALLENGE. To juror, see "Jury," § 1. CHANCERY. See "Equity." CHARGE. To jury, in civil actions, see "Trial," § 2. CHARTER PARTIES. See "Shipping," § 1. CHATTEL MORTGAGES. Adoption by federal courts of state laws as § 1. Rights and remedies of creditors. CITIZENS. See "Aliens"; "Indians." Citizenship ground of jurisdiction of United CLAIMS. Against estate of bankrupt, see "Bankruptcy," Of patent, see "Patents," § 7. CLERKS OF COURTS. The bond of a clerk of the United States Plaintiff in an action on the bond of the The right and duty of a clerk of a Circuit COLLATERAL UNDERTAKING. See "Frauds, Statute of," § 1; “Guaranty.” |