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For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER attorney in fact with authority to sue in its Order for delivery of all assets of bankrupt own name.-John L. Walker Co. v. National to receiver held sufficient to render nondelivery Underwriters' Co., 3 F.(20) 102.
a breach of bond.-1d.
Trustee may proceed by plenary suit on bond, ATTACHMENT.
notwithstanding another proceeding by bumSee Garnishment.
mary order, to obtain payment of same amount.
-Id. ATTORNEY AND CLIENT.
Introduction in evidence of copy of bond sued
on is unnecessary, in absence of denial of exSee Criminal Law, Ow721.
In action on bond conditioned on delivery of II. RETAINER AND AUTHORITY.
assets, deduction of salaries and expenses held 70 (U.S.C.C.A.Tex.) Authority of counsel error.-Id. to appear for corporation will be presumed. Om 113 (U.S.C.C.A.Tex.) In action on bond Kynerd v. McCarthy, 3 F.(20) 32.
conditioned on delivery of all assets of bank
rupt, crediting defendant with salary and exIV. COMPENSATION AND LIEN OF
penses held error.-Massachusetts Bonding & ATTORNEY.
Insurance Co. v. Wilkinson, 3 F.(20) 875. (A) Fees and Other Remuneration. Om I 14(1) (U.S.C.C.A.Pa.) Refusal to charge Om 163 (App.D.C.) Surviving partners could sue receiver with interest held within court's disfor commissions earned by firm previous to cretion.-In re Eberhardt, 3 F.(20) 990. death of member.-Briesen v. A Certain Fund,
114(2) (U.S.C.C.A.N.Y.) Denial of appli3 F.(20) 509.
cation for order requiring president of bank
rupt corporation to pay over corporation's AUCTIONS AND AUCTIONEERS. funds on a fidavit of president's wife. held er. 8 (U.S.C.C.A.N.Y.) Successful bidder re
ror.-In re Harry L. Sugarman, Inc., 3 F.(20)
436. ceives title on fall of hammer, and possession on payment.-In re Packard Press, 3 F.(20) III. ASSIGNMENT, ADMINISTRATION, 232.
AND DISTRIBUTION OF BANK-
(B) Assignment, and Title, Rights, and Omel (U.S.C.C.A.N.Y.) That bailee may sell
Remedies of Trustee in General. goods and retain all over certain price does
em 136(1) (U.S.C.C.A.N.Y.) Bankrupt or ofnot destroy bailment.-In re Klein, 3 F.(20) ficer may be ordered, under penalty of con375.
tempt, to turn over property of bankrupt.BANKRUPTCY.
In re Harry L. Sugarman, Inc., 3 F.(20) 436.
Om 136(1) (U.S.C.C.A.N.Y.) Money must be in II. PETITION, ADJUDICATION, WARRANT AND CUSTODY OF PROPERTY.
bankrupt's possession or under his control to
warrant order requiring him to turn it over.(A) Jurisdiction and Course of Procedure
In re Redbord, 3 F.(2d 793. in General.
136(2) (U.S.C.C.A.Ky.) Evidence held to ww22 (U.S.C.C.A.Ohio). General orders relat- sustain order requiring bankrupt to turn over ing to procedure should be enforced, but, where money or property to trustee.-Goldstein v. purposes have been accomplished, technical ob- Johnson, 3 F.(20) 228. jection unavailable.--In re L. M. Axle Co., 3 F. 136(2) (U.S.C.C.A.N.Y.) “Due hearing" (20) 581.
defined.-In re Harry L. Sugarman, Inc., 3 F. 31 (U.S.D.C.N.Y.) Debt may not be ex- (20) 436. punged from bankrupt's schedules.-In re Cush- 140(1/2) (U.S.C.C.A.N.Y.) Chattel mortman, 3 F.(20) 449.
gagee, purchasing under mortgage sale, but
failing to pay bid, held not entitled to posses(C) Involuntary Proceedings.
sion as against trustee in bankruptcy.-In re 57 (U.S.D.C.Tex.) Corrupt motive not eg. Packard Press, 3 F.(20) 232. sential to fraudulent transfer of property. Om 140 (1/2) (U. S. C. C.A. Tex.) Corporate Mente & Co. v. Old River Co., 3 F.(20) 38. president's deposit of security with bank to
Transfer to creditor of property in excess cover overdrafts of corporation held not to renof_debt not necessarily fraudulent.-Id.
der such security subject to other liabilities of Transfer of property by corporation to a
corporation to a corporation.- Wa
corporation.-Walker v. Wilkinson, 3 F.(20) creditor held not an act of bankruptcy.-18. 867.
68 (U.S.C.C.A.N.J.) Alleged bankrupt held om 140(1) (U.S.C.C.A.N.Y.) Delivery of goods “engaged chiefly in farming."-Powers v. Sil- to retailer on consignment held bailment, good berman, 3 F.(2) 802.
as against retailer's creditors, in absence of Incurring of indebtedness outside farming fraud.-In re Klein, 3 F.(20) 375. held not alone to determine whether alleged Identification of goods delivered on consignbankrupt is “engaged chiefly in farming."--Id. ment held sufficient to entitle wholesaler to rem76(1) (U.S.D.C.Pa.) Corporation held not cover them.-Id. to have a claim provable in bankruptcy against That wholesaler suspected bankrupt's condianother corporation.-In re Pern American Gas tion 'held not to effect validity of agreement to Coal Co., 3 F.(20) 149.
deliver goods on consignment.--Id. em 100 (1) (U.S.C.C.A.Tex.) Adjudication in Test whether consignment agreement made bankruptcy dates back to date of filing of pe- in good faith or mere device to conceal sale tition.-In re Walker Grain Co., 3 F.(20) 872. stated.-Id.
Evidence held to show consignment agreement (D) Warrant and Custody of Property. bona fide and not device to conceal sale.-Id.
101 (U.S.D.C.Tex.) Adjudication brings in Bankrupt's failure to procure insurance on to custody of the court only property of which consigned goods as required by consignment bankrupt has possession.-In re Smith, 3 agreement held not inconsistent with ownerF.(20) 40.
ship in consignors.--Id. 113 (U.S.C.C.A.Tex.) Trustee in bankrupt. That goods consigned to bankrupt were found cy is real beneficiary, and may sue on bond in various parts of store, mingled with bankpayable to United States for benefit of petition- rupt's goods, did not effect owner's rights.--Id. ing creditors.-In re Walker Grain Co., 3 Cams 140 (1) (U.S.C.C.A.Wis.) Unsecured crediF.(2d) 872.
tors of corporation, which had transferred asForm of remedy on bond given receiver in sets to bankrupt corporation in considerabankruptcy is governed by lex fori.-Id.
tion of bankrupt corporation's assumption of 33.
debts, held not entitled to return of property.
(D) Administration of Estate. In re Union Food Stores Co., 3 F.(20) 736.
224 (U.S.D.C.III.) Referee is without auOm 140(3) (U.S.C.C.A.Ky.) Depositor of bonds thori with bankrupts held entitled to reclaim other
I dones thority to review his own orders.-In re J. W.
Renshaw's Sons. 3 F.(20) 75. bonds bought with their proceeds.--Duncan v.
225 (U.S.D.C.N.Y.) Procedure; proceedJohnston & Co., 3 F.(20) 422.
ings before referee before and after appoint143(I) (U.S.D.C.La.) Income of wife, col
ment of trustee.--In re H. Magen Co., 3 F.(20) lected and used by husband, held community property, and to pass to his trustee.--In re 228 (U.S.D.C.III.) Referee is without auLynch, 3 F.(20) 82.
thority to review his own orders, and filing of Em 143(10) (U.S.D.C.Md.) Life
exceptions does not extend time to petition for bankrupt in estate held to pass to his trustee.
review.-In re J. W. Renshaw's Sons, 3 F.(20) In re Dudley's Estate, 3 F.(20) 832.
75. Cm 143(12) (U.S.C.C.A.N.Y.) Insurance policy Requisites of petition for leave to file petition having surrender value passes to trustee on ad
to review referee's order after expiration of judication.-In re Redbord, 3 F.(20) 793.
10-day limitation stated.--Id. Om 143(12) (U.S.D.C.N.C.) Insurance policies
em228 (U.S.D.C.Pa.) District Court will not held to vest in trustee.-In re Whiting, 3 F.
review order of referee on referee's certifi(20) 440. Om 145(1) (U.S.C.C.A.Va.) Bankrupt corpora
cate, in absence of petition by party desiring
review.-In re Finkelstein, 3 F.(20) 1006. tion held not liable as indorser on collateral, in
On 252 (U.S.C.C.A.Ohio) Jurisdiction addition to indebtedness for which collateral
to ap. was pledged.-Barker v. Stant, 3 F.(20) 918.
prove compromise conferred by Bankruptcy
Act not by general orders in bankruptcy.-In Om 151 (U.S.C.C.A.N.Y.) Trustee does not stand merely in bankrupt's shoes, but has right
re L. M. Axle Co., 3 F.(20) 581.
Written application for authority to settle of judgment creditor, holding unsatisfied ex
controversies held a "petition” within meaning ecution.-In re Packard Press, 3 F.(20) 232.
of general orders.--Id. 151 (U.S.C.C.A.N.Y.) Bankruptcy trustee
Written application held sufficient to invoke not innocent purchaser.-In re Klein, 3 F.(20)
jurisdiction of bankruptcy court to approve 375.
Written application of trustee for approval (C) Preferences and Transfers by Bank
of compromise held sufficient when construed in rupt, and Attachments and Other connection with report of sale.-Id.
Liens. 165(1) (U.S.C.C.A.Tex.) President of in
(E) Actions by or Against Trustee. solvent corporation, bringing about payment of 287(3) (U.S.C.C.A.Tex.) Equitable action liabilities on which he was surety, held to have against president and principal stockholder of accomplished voidable preference.-Walker v. bankrupt corporation maintainable to recover Wilkinson, 3 F.(20) 867.
assets of bankrupt.-Walker v. Wilkinson, 3 en 184 (2) (U.S.C.C.A.N.Y.) Defective filing F.(20) 867. or failure to properly refile vitiates chattel On288(1) (U.S.C.C.A.III.) District Court mortgage in bankruptcy.-In re Packard Press, without power in summary proceeding to de3 F.(2) 232.
termine rights of others in property in their Om 184(2) (U.S.D.C.Fla.) Instrument securing possession before petition in bankruptcy.-In debt held a mortgage, and void for want of re- re Braun, 3 F.(20) 247. cording.-In re Farmers' Co-op. Ass'n of Mari. On 288(1) (U.S.C.C.A.La.) Court has sumon County, Fla., 3 F.(2d) 708.
mary jurisdiction to determine adverse claims Om 186(1) (U.S.C.C.A.Va.) Trustee held enti- to property in possession of trustee.-In re tled to recover money transferred in fraud Midland Oil Co., 3 F.(20) 112 of creditors.-In re Sunnyside Quarry Corpora cam293(2) (U.S.C.C.A.Tex.) Where bill shows tion, 3 F.(20) 142.
voidable transfers within four months, bank188(3) (U.S.C.C.A.Va.) Agreement be- ruptcy court has jurisdiction of suit to recover tween partners for giving of security to retir- such assets.-Walker v. Wilkinson, 3 F.(2d) ing partner held to give latter no equitable lien 867. on general assets of corporation thereafter or- Omw 303(3) (U.S.C.C.A.Cal.) Evidence held to ganized.-Barker v. Stant, 3 F.(2d) 918.
sustain finding that deposit was not in usual Creditor not entitled to equitable lien on gen course, but intended to pay bankrupt's indebteral assets of bankrupt corporation, because of edness to bank, constituting voidable prefer. latter's failure to substitute other collateral as ence.-Bank of California v. Brainard, 3 agreed.-Id.
F.(20) 3. Creditor of bankrupt, dealing with corpora m303(3) (U.S.C.C.A.Tex.) Conveyance by tion as substituted debtor, held not entitled to bankrupts hold not invalid, as in fraud of credattack conveyance from debtor to bankrupt cor- itors.- Ward v. Scales, 3 F.(20) 261. poration.-Id.
198 (U.S.C.C.A.III.) Rights under replevin, based on fraud in purchase, not discharged, (F) Claims Aga
(F) Claims Against and Distribution of
Estate. though within four months prior to bankruptcy proceedings.-In re Braun, 3 F.(20) 247. Omm314(1) (U.S.D.C.Pa.) Purchasers of stock em 212 (U.S.C.C.A.N.Y.) Trustee held entitled of bankrupt corporation held not entitled to to show by evidence or cross-examination that prove claims as creditors.-In re R. Rombach consignment agreement was not carried out to & Co., 3 F.(20) 46. show it was sale.-In re Klein, 3 F.(20) 375. Stockholders held not entitled to share with cm212 (U.S.C.C.A.Wis.) Petitioner for pos- subsequent creditors in assets of corporation. session of property transferred to bankrupt --Id. had burden of proving his right to possession 314(2) (U.S.D.C.N.Y.) Rent accruing unor to an accounting.-In re Union Food Stores der lease subsequent to bankruptcy not a proyCo.. 3 F.(20) 736.
able debt.-In re Cushman, 3 F.(20) 449. Cm 213 (U.S.D.C.Tex.) Value of mortgaged Omm314(4) (U.S.C.C.A.N.Y.) Statute of limiproperty to be determined in view of its mort. tations of state governs in federal bankruptcy gaged condition.-In re Smith, 3 F.(20) 40. proceedings.-In re German-American Improve
Possession of mortgaged property under fore- ment Co., 3 F.(20) 572. closure does not pass to bankruptcy court.-Id. Limitations unaffected by unlawful payment
Sale by mortgagee under power of sale held by bankrupt.--Id. valid as against the trustee of mortgagor.-Id. Limitations unaffected by payment by cor
391(3), und of fraceeding. I er bankruptcy C.N.Y.) Actigh. 120)
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER poration, while insolvent, to stockholders in Cw415(3) (U.S.C.C.A.Mass.) On hearing of violation of statute.-Id.
application for discharge, documents may be 316(3) (U.S.C.C.A.Va.) Indorser's claim obtained from files.-Koch v. Sidney Blumenheld properly disallowed.-In re B. T. Wise thal & Co., 3 F.(20) 395. Furniture Corporation, 3 F.(20) 271.
Em 423(2) (U.S.D.C.Ga.) Mere negligent con319 (U.S.C.C.A.III.) Judgment rendered version does not give rise to liability which is after bankruptcy not a provable claim.-In re not discharged in bankruptcy.-Swift & Co. v. James A. Brady Foundry Co., 3 F.(20) 437. Bullard & Son, 3 F.(20) 814.
339 (U.S.C.C.A.III.) Trustee held not pre Cm 424 (U.S.D.C.Ga.) Liability for a convercluded from contesting claim on judgment by sion is not released by discharge.-Swift & Co. moving to set it aside.-In re James A. Brady v. Bullard & Son, 3 F.(20) 814.. Foundry Co., 3 F.(20) 437.
Conversion must be willful and malicious, or Ow339 (U.S.C.C.A.N.Y.) Statute of limita liability therefor is released by discharge in tions available.--In re German-American Imnerican Im- bankruptcy.--Id.
. provement Co., 3 F.(20) 572.
Liability of agents for sale of fertilizer for Om 340 (U.S.Ó.C.N.Y.)' Evidence held insuffi proceeds lost or appropriated held not as for cient to prove salary of president authorized willful and deliberate conversion, such as was by board of directors.-In re Union Paint Co.. not discharged in bankruptcy.-Id. 3 F.(20) 197.
Cm 424 (U.S.D.C.N.Y.) Claim for conversion 346 (U.S.D.C.Ga.) Additional excess prof
not discharged by bankruptcy.-In re Brier, 3 its tax assessed against partnership after as
artnershid after as. F.(20) 709. sets taken over by bankrupt corporation held
426(2) (U.S.D.C.Ga.) Agent for sale of entitled to priority.-In re W. J. Marshall Co., fertilizer, accountable for proceeds, is not act3 F.(20) 192.
ing in fiduciary relation, under Bankruptcy 347 (U.S.D.C.Pa.) Where funds insufficient Act.-Swift & Co. v. Bullard & Son, 3 F.(20) to pay expenses of clerk, marshal, and referee in full, they should be applied pro rata.-In
Discharge will be decreed in cases of agents. re Ehrlich, 3 F.(20) 62.
brokers, etc., where there is neither technical
trust in the contractual relation, normoral (G) Accounting and Discharge of Trustee. turpitude in its breach.-Id. cm 368 (U.S.D.C.Pa.) Trustee cannot be al
435 (U.S.D.C.Ga.) Pleadings on claim lowed additional fees for services rendered
arising before defendant's discharge in bankafter composition.-In re Riznikove, 3 F.(20)
ruptcy must show cause of action on liability 81.
not released by discharge.-Swift & Co. v.
Bullard & Son, 3 F.(20) 814.
VI. APPEAL AND REVISION OF PRO391 (3) (U.S.C.C.A.III.) Replevin and tro
CEEDINGS. ver, on ground of fraud in purchase, not stayed
(A) Superintendence and Revision. by bankruptcy proceeding.-In re Braun, 3 F.(20) 247.
Ow440 (U.S.C.C.A.Ky.) Order requiring bank391 (3) (U.S.D.C.N.Y.) Action for conver- rupt to turn over property or money to trussion not stayed.-In re Brier, 3 F.(20) 709. tee properly reviewable on petition to revise.
396(1) (U.S.D.C.Okl.) Exemptions left to --Goldstein v. Johnson, 3 F.(2d) 228. state laws.-Brown v. Home Life Ins. Co. of 440 (U.S.C.C.A.Ky.) Order dismissing peNew York, 3 F.(20) 661.
tition for reclamation of property is reviewm396 (3) (U.S.D.C.N.C.) Constitutional pro- able by appeal.-Duncan v. Johnston & Co., 3 vision held not to affect rights in insurance F.(20) 422. policies.-In re Whiting, 3 F.(2d) 440.
440 (U.S.C.C.A.N.Y.) District Court's or396 (3) (U.S.D.C.Okl.) Proceeds of life der, confirming order of referee disallowing policy payable to or for benefit of wife did not and expunging claim for damages for breach pass to husband's trustee in bankruptcy in of lease, not reviewable by petition to revise. view of state law.-Brown v. Home Life Ins. In re A. E. Richardson Co., 3 F.(20) 600. Co. of New York, 3 F.(20) 661.
Rule as to review by petition to revise stat408(1) (U.S.D.C.Fla.) False oath to sched- ed.-Id. ule filed by bankrupt held ground for denying m 440 (U.S.C.C.A.Ohio) Order dismissing pedischarge. In re Brinson, 3 F.(20) 455. tition to review order approving 'trustee's re
410 (U.S.D.C.Pa.) Court without power to port of sale reviewable only on petition to regrant discharge on petition filed more than 18 vise.-In re L. M. Axle Co., 3 F.(20) 581. months after adjudication, unless delay ex- m446 (U.S.C.C.A.Ky.) Petition to revise cusable.--In re Reingold, 3 F.(20) 80.
presents for review only questions of law.413(3) (U.S.C.C.A.Mass.) Objections by Goldstein v. Johnson 3 F.(20) 228. creditor to discharge may be signed by attor Cum 446 (U.S.C.C.A.N.Y.) Finding of fact_not ney of record; "creditor."-Koch v. Sidney Blu- reviewable on petition to revise.-In re Redmenthal & Co., 3 F.(20) 395.
bord, 3 F.(20) 193. Specifications of objection to discharge not required to be verified.-Id. Cam413(3) (U.S.D.C.Fla.) That objector to
(B) Appeal. discharge of bankrupt did not sign specifica- 455 (U.S.C.C.A.Ky.) Informal decree distion of objections "as creditor" held not to re- missing petition held appealable; "final de. quire dismissal.-In re Brinson, 3 F.(20) 455. cree." -Duncan V. Johnston & Co., 3 F.(2d) @mw 413(4) (U.S.D.C.Fla.) Specification of ob- 422. jections alleging concealment of accounts by 458 (U.S.C.C.A.Wis.) Issues not presented bankrupt held sufficient.-In re Brinson, 3 F. to District Court not considered on appeal.-In (20) 455.
re Ruskell, 3 F.(2d) 127. Specification of objection to discharge of Omw 467 (U.S.C.C.A.Wis.) On appeal from debankrupt held insufficient.-Id.
termination, adversely to creditor, of sole em413(5) (U.S.D.C.Fla.) That bankrupt de question of fact presented by creditor's interstroyed, concealed, or failed to keep books of vening petition, no further question for deteraccount is not good as specification of objec- mination.-In re Ruskell, 3 F.(20) 127. tion to discharge.--In re Brinson, 3 F.(20) 455. C 468 (U.S.C.C.A.Md.) Inadvertence in draw
415(2) (U.S.C.C.A.Mass.) Findings of ref. ing decree of District Court may be corrected eree on reference of application for discharge by agreement before entry of formal decree of are advisory only.-Koch v. Sidney Blumenthal Circuit Court of Appeals.--Standard Oil Co. v. & Co., 3 F.(20) 395.
Miller, 3 F.(20) 438.
VII. COSTS AND FEES.
credit” indicates relation of debtor and credCam475 (U.S.D.C.Pa.) Funds of estate not sub
itor.-Nyssa-Arcadia Drainage Dist. v. First ject to appropriation as indemnity for expenses
Nat. Bank, 3 F.(20) 648. of officers.-In re Ehrlich, 3 F.(20) 62.
em 161 (2) (U.S.D.C.Ga.) Duty of collecting
bank primarily governed by local law and usVIII. OFFENSES AGAINST BANKRUPT age.-Capital Grain & Feed Co. v. Federal LAWS.
Reserve Bank of Atlanta, 3 F.(20) 614. Cm 494 (U.S.C.C.A.III.) Indictment charging 161 (3) (U.S.D.C.Ga.) Collecting bank acfraudulent concealment of property held not cepting draft in payment takes the risk of its defective in failing to charge property be
being paid.-Capital Grain & Feed Co. v. Fedlonged to trustee.-Paszkiewicz v. U. S., 3 eral Reserve Bank of Atlanta, 3 F.(20) 614. F.(20) 272.
em 171(1) (U.S.D.C.Ga.) Special circumstanc496 (U.S.C.C.A.III.) Failure to show what es may require extra effort by collecting bank. became of bankrupts' property held to present - Capital Grain & Feed Co. v. Federal Reserve jury question whether bankrupts conspired to Bank of Atlanta, 3 F.(20) 614. conceal property.-Paszkiewicz v. U. S., 3 cm 171 (3) (U.S.D.C.Ga.) Collecting bank not F.(20) 272.
negligent in forwarding.check direct to drawee.
-Capital Grain & Feed Co. y. Federal Reserve BANKS AND BANKING.
Bank of Atlanta, 3 F.(20) 614. II. BANKING CORPORATIONS AND ASSO
175(1/2) (U.S.D.C.Ga.) Under agreement CIATIONS.
with collecting bank, its correspondents keld (E) Insolvency and Dissolution.
agents of depositor.-Capital Grain & Feed Co.
v. Federal Reserve Bank of Atlanta, 3 F.(20) Om 80(4) (U.S.D.C.Idaho) Evidence held in. 614. sufficient to show insolvency.-U. S. Fidelity & Guaranty Co. v. Porter, 3 F.(20) 57.
IV. NATIONAL BANKS. Capital stock pot "debt" in determining in- 256(3) (U.S.C.C.A.Okl.) Travelers' checks solvency.--Id.
held by bank for issuance to customers held Idaho state finance commissioner held not
"credits," within meaning of embezzlement statshown to have taken over bank assets under
ute.-Theobald v. U. S., 3 F.(20) 601. assignment.-Id. Om 80 (8) (U.S.D.C.Or.) Payment of certifi
ww257(1) (U.S.C.C.A.Okl.) Indictment held to cates of indebtedness and checks sent to in
show sufficiently that abstraction was without
o authority.-Theobald v. U. S., 3 F.(20) 601. solvent bank for collection by check on such
m257 (3) (U.S.C.C.A.Okl.) Évidence held to bank held not to entitle Owner to priority.Nyssa-Arcadia Drainage Dist. v. First Nat.
sustain conviction of employé for abstracting
credits of bank.-Theobald v. U. S., 3 F.(20) Bank, 3 F.(20) 648.
601. Owners of checks sent to insolvent bank for
Om 260(4) (U.S.C.C.A.N.Y.) Agreement by collection resulting in balance against bank held
bank to hold deposit during life of charter par: not entitled to priority.-Id.
ty, held not a guaranty.-Coal & Iron Nat. Owners of checks sent to insolvent bank for
Bank of City of New York v. Suzuki, 3 F.(20) collection resulting in increasing bank's as
764. sets held entitled to priority.-Id.
266 (U.S.C.C.A.N.Y.) Agreement of bank III. FUNCTIONS AND DEALINGS.
to hold deposit, under a contract between (A) Banking Franchises and Powers, and
plaintiff and the depositor, held not to give Their Exercise in General.
plaintiff a right of action at law against it to
recover the deposit.-Coal & Iron Nat. Bank Om99 (U.S.D.C.Idaho) Bank not party to pa of City of New York v. Suzuki, 3 F.(20) 764. per may bind itself as guarantor.-Allis 2881/2 [New, vol. ITA Key-No. Series ] Chalmers Mfg. Co. v. Citizens' Bank & Trust
(U.S.D.C.Ga.) Credit of checks received Co., 3 F.(20) 316.
by reserve bank; regulation of Reserve Board Guaranty by bank held within the scope of held valid.-Pascagoula Nat. Bank v. Federal its authority.-Id.
Reserve Bank of Atlanta, 3 F.(20) 465.
"Net" and "actual" as applied to reserve de(B) Representation of Bank by oficers
fined.-Id. and Agents.
Reserve Bank not chargeable with exchange Om 105(2) (U.S.D.C.Idaho) President held to on remittance from member bank in payment of have authority to execute guaranty.--Allis check.--Id. Chalmers Mfg. Co. v. Citizens' Bank & Trust Reserve Bank may collect from member Co., 3 F.(20) 316.
banks checks received from outside its dise l 14 (U.S.C.C.A.Ind.) Evidence held to trict.-Id. warrant finding bank ratified act of officer in. agreeing to honor drafts.-Muentzer v. Los
VII. CLEARING HOUSES. Angeles Trust & Savings Bank, 3 F.(20) 222.
Act of bank officer may be ratified after its 319 (U.S.D.C.Md.) Clearing house rules commission, as well as authorized beforehand. may be waived.-In re Smith, Lockhart & Co., -Id.
3 F.(20) 444. Bank cannot escape liability for acts of its Clearing house rules may have a bearing on officer, knowledge of which is imputable to rights of outside parties.-Id. bank.-Id.
emm 320 (U.S.D.C.Md.) Bank held to have made (C) Deposits.
illegal disbursement of funds of bankrupt es
tate.-In re Smith, Lockhart & Co., 3 F.(20) em 142 (U.S.D.C.Md.) Bankruptcy trustee held 444. not entitled to recover fund which had legally Time of payment of checks presented through vested in another before bankruptcy.-In re clearing house.-Id. Smith, Lockhart & Co., 3 F.(20) 444. (D) Collections.
BASTARDS. Om 156 (U.S.D.C.Ga.) Check received for collection not received on "deposit.”-Pascagoula
I. ILLEGITIMACY IN GENERAL. Nat. Bank V. Federal Reserve Bank of At- 14 (U.S.C.C.A.Porto Rico) In an action lanta. 3 F.(20) 465.
for filiation under Civil Code Porto Rico, em 156 (U.S.D.C.Or.) Indorsement for "col- brought after the death of the alleged parent, lection and returns" creates relation of prin- his executor is not a necessary party. - Boercipal and agent; indorsement "collection and man v. Marrero, 3 F.(20) 241.
For cases in Dec.Dig. &Am.Dig. Key-No.Series & Indexes see samo topic and KEY-NUMBER
VI. RIGHTS, POWERS, AND LIABILITIES
AS TO THIRD PERSONS. See Exceptions, Bill of.
94 (U.S.C.C.A.Mass.) Broker without auBILLS AND NOTES.
thority to make contract for buyer after in
forming_him his offer was refused.-Morris & I. REQUISITES AND VALIDITY. Co. v. H. L. Handy & Co., 3 F.(20) 97. (D) Acceptance.
m 100 (U.S.C.C.A.Mass.) One dealing with 85 (U.S.C.C.A.Ind.) That drafts called for
broker did so at its peril,' in absence of osten"exchange and collection charges,”
sible authority.-Morris & Co. v. H. L. Handy w Warse while
& Co., 3 F.(20) 97. bank's agreement to honor drafts did not mention such charges, held not to affect bank's
Om 103 (U.S.C.C.A.Mass.) Burden to show ratliability.-Muentzer v. Los Angeles Trust &
ification was with knowledge of facts. Morris
& Co. v. H. L. Handy & Co., 3 F.(20) 97. Savings Bank, 3 F.(20) 222.'
Question whether contract was made held for IV. NEGOTIABILITY AND TRANSFER. jury:-Id..
Om 106(U.S.C.C.A.Mass.) Contract made with (B) Transfer by Indorsement.
brokers held not authorized by owner. The em 195 (U.S.D.C.Or.) General indorsement Schooner Santino, 3 F.(2d) 806. carries title to paper. -Nyssa-Arcadia Drainage Dist. v. First Nat. Bank, 3 F.(20) 648.
BURGLARY. Om 200 (U.S.D.C.Or.) Paper indorsed "for collection," "for account," etc., remains property II. PROSECUTION AND PUNISHMENT. of indórser.-Nyssa-Arcadia Drainage Dist, v. 31 (U.S.C.C.A.Tenn.) Evidence that blank First Nat. Bank, 3 F.(20) 648.
shipping orders were stolen at time accused
was employed by railroad held competent, in V. RIGHTS AND LIABILITIES ON INDORSE
prosecution for theft of interstate shipment.MENT OR TRANSFER.
Beavers v. U, S., 3 F.(20) 860. (B) Indorsement for Transfer. Om 296 (U.S.D.C.Del.) Stockholders of bank
CARRIERS. rupt corporation held estopped to deny validity of judgment against bankrupt.-In re Bird
1. CONTROL AND REGULATION OF
COMMON CARRIERS. Transfer Co., 3 F.(20) 506.
(A) In General. (D) Bona Fide Purchasers.
en 12(1) (U.S.D.C.Colo.) City has police 337 (U.S.C.C.A.N.Y.) Holder not charged power to regulate fares and service of street with "bad faith" unless taking is dishonest; railway, but cannot fix confiscatory rates.“good faith" defined.-Gerseta Corporation v. Westinghouse Electric & Mfg. Co. v. Denver Wessex-Campbell Silk Co., 3 F.(20) 236. Tramway Co., 3 F.(20) 285.
378 (U.S.C.C.A.N.C.) Bank held not liable 12(5(U.S.D.C.Colo.) Reproduction cost on draft raised by forgery.--Savings Bank of new, less depreciation, is dominant factor in Richmond v. National Bank of Goldsboro, 3 valuation for rate-making purposes.-WestingF.(20) 970.
house Electric & Mfg. Co. v. Denver TranıVIII. ACTIONS.
way Co., 3 F.(20) 285. Ow489(1) (U.S.C.C.A.N.Y.) Where only issue Easements in streets of street railway held is as to whether plaintiff is good faith holder property of value.-Id. for value, reception of evidence not directed Value of street easements not included in to that issue held error.-Mack v. Dailey, 3 F. rate-making base. - Id. (2d) 534.
em 12(7) (U.S.D.C.Colo.) In valuation proOm 537 (6) (U.S.C.C.A.Ind.) That bank paid ceedings accrued depreciation is fact to be asmany drafts drawn by corporation held suffi- certained by inspection.-Westinghouse Eleccient to lull suspicion arising from knowledge tric & Mfg. Co. v. Denver Tramway Co., 3 that bank officer interested in corporation.- F.(20) 285. Muentzer_v. Los Angeles Trust & Savings Bank, 3 F.(20) 222.
II. CARRIAGE OF GOODS. Om 537 (6) (U.S.C.C.A.N.Y.) Evidence that
(B) Bills of Lading. Shipping Receipts, plaintiff was bona fide holder for value held to
. and Special Contracts. leave no issue for jury as to his good faith.
58 (U.S.C.C.A.Tex.) Collecting bank liable Mack v. Dailey, 3 F.(20) 534.
for surrender of bill of lading without payment On538 (4) (U.S.C.C.A.N.Y.) Where no evi.
of draft attached.-Tampico Banking Co., S. dence that plaintiff had knowledge of collateral agreement, instruction on that point held
i A., v. Barber, 3 F.(20) 136. properly refused.-Gerseta Corporation v. Wessex-Campbell Silk Co., 3 F.(20) 236.
(C) Custody and Control of Goods.
70 (U.S.C.C.A.Pa.) Title to goods consignBONDS.
ed to one person in care of another generally V. ACTIONS.
in consignee.--Emmons Coal Mining Co. y. Nor
folk & W. Ry. Co., 3 F.(20) 525. em 122 (U.S.C.C.A.Tex.) Real beneficiary of bond may sue thereon.-In re Walker Grain
(E) Delay in Transportation or Delivery. Co., 3 F.(20) 872.
Om 100(1) (U.S.C.C.A.Pa.) Unloading coal of
one shipper on order of another, as permitted BRIBERY.
by rules of exchange, held not release of first O il (App.D.C.) Evidence held to sustain shipper from liability for demurrage.-Emmons conviction of former officer for accepting bribe Coal Mining Co. V. Norfolk & W. Ry. Co., 3 for recommending requisitions for supplies.
F.(20) 525. Ritzman v. U. S., 3 F.(20) 718.
Coal shipper held not relieved from demur
rage on car dumped on order of another shipBROKERS.
per, under tariff rule relating to transfers of
shipments.-Id. III. DUTIES AND LIABILITIES TO
Demurrage charges on shipments of coal PRINCIPAL
held not invalid, as based on improper interpo. 23 (U.S.D.C.N.Y.) May pledge securities lation of tariff rules and rules of coal exchange. bought by them on orders of margin account -Id. customers.-Fisher v. Clark, 3 F.(28) 621. Member of coal exchange pool held liable,