1898 p. 793 § 204)--Held, that by an order for the issuance of
process of attachment, to bring in the party to answer for an
alleged contempt, the party accused is not aggrieved so as to be
entitled to an appeal, following Coryell v. Holcombe, 9 N. J.
Eq. (1 Stock.) 650. IN RE DOLAND..
ASSIGNMENT-1. On an equitable assignment of money to be
earned in the future by the assignor, the assignee acquires no
lien on the money unless the assignor has earned it. COGAN T.
CONOVER MANUFACTURING CO.....
An assignment of an account not yet due, if absolute in
form, is not to be construed as a mere covenant to pay out of
the fund because the assignor therein agrees to act as agent of
the assignee in collecting the money. Id......
A corporation assigned as collateral security for a debt the
first payment on an executory contract for two condensers to be
made by it; one condenser was substantially completed and
actually delivered to the vendee prior to the appointment of a
receiver of the vendor corporation, and the price was subse-
quently paid to the receiver.-Held, that the assignee was en-
titled to the fund to the extent of the price of the condenser
actually delivered as far as needed to pay the debt secured. Id., 809
As between an assignee of a fund under an equitable assign-
ment and the receiver of the assignor, an insolvent corporation,
notice of the assignment to the debtor or holder of the fund is
not necessary to perfect the title of the assignee. Id...... 809
See CORPORATIONS, 13, 14; INSOLVENT CORPORATIONS, 13;
JUDGMENT, 5; LANDLORD AND TENANT, 2: TRADING
STAMPS.
ASSIGNMENT OF MORTGAGE-See MORTGAGES, 1.
ATTORNEY AND CLIENT-An attorney sued by his client while
the latter has in her possession the accounts and vouchers con-
taining several hundred items submitted by the former, which
constitute his only evidence of payments made by him, is entitled
to an injunction restraining the prosecution of the suit pending
a discovery by the client of the accounts and vouchers. SHAW
v. FREY
BANKRUPTCY-1. The Bankrupt act of 1898 provides that "a
discharge in bankruptcy shall release a bankrupt from all of his
provable debts except such as
were created by his
fraud, embezzlement, misappropriation or defalcation while act-
ing as an officer or in any fiduciary capacity."-Held, (1) that
the words "fiduciary capacity" having reference only to technical
trusts, a debt arising out of an implied understanding, had on a
conveyance in the ordinary form of an absolute deed, from R.
to M., of certain parts of R.'s real estate, no trust being ex-
pressly declared, was not excepted from the operation of a dis-
charge; (2) that the fair inference from the facts stated was
that the conveyance was intended to hinder and delay creditors,
and that the grantee therein did not, for that reason also, hold in
a fiduciary capacity within the meaning of the act. REEVES V.
MCCRACKEN
R. executed to M. a chattel mortgage to secure certain
notes of a firm of which he was a member. These notes were
fully paid. The allegation of the bill was that M. claimed to hold
the mortgage by assignment for a debt due from R. to him.—
Held, that the defence being of a character plain and palpable,
and within the command of the party at any time, in the ab-
sence of any allegation that there was any agreement that the
mortgage should stand as security for money due from R. per-
sonally to M., a case for the affirmative remedy of cancellation
had not been made out. Id......
A debtor may, in a case situated like the present, plead his
discharge in bankruptcy after answer filed, such plea being in
the nature of a plea puis darrein continuance. Id......
4. Under the Bankrupt act of July 1st, 1898, chapter 541,
section 60b (30 Stat. p. 562; V. S. Comp. Stat. 1901 p. 3445),
providing that if a bankrupt shall have given a preference, and
the person receiving it or to be benefited thereby, or his agent
acting therein, shall have had reasonable cause to believe that it
was intended thereby to give a preference, it shall be voidable
by the trustee, and he may recover the property or its value, the
party receiving payment must have had reasonable ground to
believe that it was intended thereby to give a preference before
he can be held liable to refund. WILSON . WEIGLE..
In an action by a trustee in bankruptcy to recover a pay-
ment made by the bankrupt, on the ground that it was an un-
lawful preference, evidence held insufficient to show that de-
fendants had reasonable ground to believe that a preference was
intended.
A judgment recovered for the price of goods sold and de-
livered is a provable debt under the United States Bankruptcy
law of 1898, and is released by a discharge of the defendant ob-
tained under that law. In order to be saved from the operation
of such a discharge the judgment itself must have been recov-
ered in an action for fraud, or obtaining property by false pre-
tences or false representations, or for willful and malicious in-
juries to the person or property of another, &c., as prescribed
by clause 2 of section 17 of that law. BARNES CYCLE Co. v.
HAINES
BENEFICIAL ASSOCIATIONS-1. The charter of a beneficial
association provided that its object was to establish a benefit
fund for the families or dependents of members as they shall
direct, and a by-law declared that on the death of one or more
beneficiaries prior to the death of the member, if no change of
beneficiary should have been made, the share or shares to which
such beneficiary or beneficiaries would have been entitled shall
be paid to the beneficiary's legal representative, to be distributed
to his or her heirs-at-law.-Held, that where a member of such
order died after the death of his wife, who was named as his
beneficiary, without appointing a new beneficiary, the heirs of the
wife at the time of the member's death were entitled to the fund.
ANDERSON . SUPREME COUNCIL CATHOLIC BENEVOLENT LE-
Where the by-laws of a beneficial association require that
on a change of beneficiary the member shall designate the sub-
stituted beneficiary in writing, a person whom the member in-
tended and attempted to substitute as beneficiary, but who has
not been actually substituted in writing, is not entitled to the
fund, although the association has paid it into court. PENN-
SYLVANIA RAILROAD Co. v. WARREN.
See FRAUDS, STATUTE OF, 2.
BILL OF REVIEW-The validity of a decree of the court of
chancery, after it has been affirmed by the court of errors and
appeals, cannot be brought into question by a petition filed in
the court of chancery. A bill of review is the only proceeding by
which such a decree may be challenged. COOK v. WEIGLEY.... 836
BILLS AND NOTES-1. Accommodation notes given by a business
corporation are not valid as against corporate creditors or dis-
senting stockholders. PERKINS v. TRINITY REALTY CO........ 723
A corporation is estopped to plead that accommodation
notes given by it with the consent of all the stockholders were
ultra vires, or that a mortgage similarly given to secure such
notes was ultra vires. Id.....
3.
A court of equity has jurisdiction to entertain a suit for
the recovery of the amount due upon a lost check, which is not
negotiable for lack of endorsement. MOORE v. DURNAN.... 828
See EXECUTORS AND ADMINISTRATORS; INJUNCTION, 1, 2:
INSOLVENT CORPORATIONS, 14; LIMITATION OF ACTIONS, 2.
BONDS It is not necessary that the holder of a bond alleged to
have been assumed by defendant's testator should have pre-
sented it as a claim against his estate in order to entitle the
holder to proceed to enforce defendants' statutory liability as
distributees for the payment of the bond. ACTON v. SHULTZ..
See JURISDICTION, 1; LIMITATION OF ACTIONS, 1.
BUILDINGS-See CoVENANTS; SPECIFIC PERFORMANCE.
Cogan v. Conover Manufacturing Co., 69 N. J. Eq. 358.
Cook v. Weigley, 68 N. J. Eq. 480.
Coryell v. Holcombe, 9 N. J. Eq. 650.
Costell v. Costell, 69 N. J. Eq. 218.
Grey v. Morris & Cummings Dredging Co., 64 N. J. Eq. 555.
Affirmed
Howell, Executor, v. Green, Administrator, 31 N. J. Law 570.
Lembeck v. Jarvis Terminal Cold Storage Co., 68 N. J. Eq. 492.
Affirmed
Lippincott v. Smith, 69 N. J. Eq. 243.
Monmouth County Electric Co. v. McKenna, 68 N. J. Eq. 160.
United New Jersey Railroad and Canal Co. v. Lewis, 68 N. J.
Eq. 437.
United New Jersey Railroad and Canal Co. v. McCully, 68
N. J. Eq. 442.
Van Houten v. Stevenson, 68 N. J. Eq. 490; 69 N. J. Eq. 626.
Affirmed
Wilson v. American Palace Car Co., 65 N. J. Eq. 730.
CEMETERIES-The object of a cemetery company, as declared in
its certificate of incorporation, was to "maintain and use 'its
property' for cemetery and burial purposes only." The bill of a
lot owner in the cemetery alleged that its property was being
uncared for; that its drives and roads were at times impassable
for carriages and that it was without funds to pay its debts.-
Held, that the company would be enjoined from making a gift of
money to a church organization whose members or some of them
were also members of the company.-Held, further, that although
the lot owner was not a member of the company, he had a stand-
ing to complain of the misappropriation. CLARK v. RAHWAY
CEMETERY Co.
CHARITIES-See COLLATERAL INHERITANCE TAX, 1.
CHATTEL MORTGAGES-A chattel mortgage will cover after-
acquired property only when such intention clearly appears in
the instrument. CUNNINGHAM v. ALRYAN WOOLEN MILLS.... 710
See BANKRUPTCY. 2; SUBROGATION.
COLLATERAL ATTACK-See CONFLICT OF LAWS, 3; ORPHANS
COURTS.
COLLATERAL INHERITANCE TAX-1. A bequest to a school
of learning having academic, collegiate and theological depart-
ments open to all of good moral character, there being no charge
for instruction in the theological department, and the institution
being supported largely by public and private charity, and de-
voting all its resources to increasing its benefit to the public, is a
charitable institution. ALFRED UNIVERSITY v. HANCOCK......
|