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. (2d) 102. a breach of bond.-Id. Trustee may proceed by plenary suit on bond, notwithstanding another proceeding by summary order, to obtain payment of same amount. -Id. Introduction in evidence of copy of bond sued on is unnecessary, in absence of denial of execution.-Id. In action on bond conditioned on delivery of assets, deduction of salaries and expenses held error.-Id. 113 (U.S.C.C.A.Tex.) In action on bond conditioned on delivery of all assets of bankrupt, crediting defendant with salary and expenses held error.-Massachusetts Bonding & Insurance Co. v. Wilkinson, 3 F. (2d) 875. ~114(1) (U.S.C.C.A.Pa.) Refusal to charge receiver with interest held within court's discretion. In re Eberhardt, 3 F.(2d) 990. 114(2) (U.S.C.C.A.N.Y.) Denial of application for order requiring president of bankrupt corporation to pay over corporation's funds on affidavit of president's wife, held error.-In re Harry L. Sugarman, Inc., 3 F. (2d) 436. III. ASSIGNMENT, ADMINISTRATION, (B) Assignment, and Title, Rights, and 136(1) (U.S.C.C.A.N.Y.) Bankrupt or officer may be ordered, under penalty of contempt, to turn over property of bankrupt.In re Harry L. Sugarman, Inc., 3 F. (2d) 436. 136(1)(U.S.C.C.A.N.Y.) Money must be in bankrupt's possession or under his control to warrant order requiring him to turn it over.In re Redbord, 3 F. (2d) 793. 136(2) (U.S.C.C.A.Ky.) Evidence held to sustain order requiring bankrupt to turn over money or property to trustee.-Goldstein v. Johnson, 3 F. (2d) 228. 136 (2) (U.S.C.C.A.N.Y.) "Due hearing" defined. In re Harry L. Sugarman, Inc., 3 F. (2d) 436. 140(2) (U.S.C.C.A.N.Y.) Chattel mortgagee, purchasing under mortgage sale, but failing to pay bid, held not entitled to possession as against trustee in bankruptcy.-In re Packard Press, 3 F. (2d) 232. (C) Involuntary Proceedings. 57 (U.S.D.C.Tex.) Corrupt motive not essential to fraudulent transfer of property.-140(2) Mente & Co. v. Old River Co., 3 F. (2d) 38. Transfer to creditor of property in excess of debt not necessarily fraudulent.-Id. Transfer of property by corporation to a creditor held not an act of bankruptcy.-Id. 68 (U.S.C.C.A.N.J.) Alleged bankrupt held "engaged chiefly in farming."-Powers v. Silberman, 3 F. (2d) 802. Incurring of indebtedness outside farming held not alone to determine whether alleged bankrupt is "engaged chiefly in farming."-Id. 76(1) (U.S.D.C.Pa.) Corporation held not to have a claim provable in bankruptcy against another corporation. In re Penn American Gas Coal Co., 3 F. (2d) 149. in 100(1) (U.S.C.C.A.Tex.) Adjudication bankruptcy dates back to date of filing of petition. In re Walker Grain Co., 3 F. (2d) 872. (D) Warrant and Custody of Property. 101 (U.S.D.C.Tex.) Adjudication brings into custody of the court only property of which bankrupt has possession.-În re Smith, 3 F. (2d) 40. (U. S. C. C. A. Tex.) Corporate president's deposit of security with bank to cover overdrafts of corporation held not to render such security subject to other liabilities of corporation.-Walker v. Wilkinson, 3 F.(2d) 867. 140(1) (U.S.C.C.A.N.Y.) Delivery of goods to retailer on consignment held bailment, good as against retailer's creditors, in absence of fraud.-In re Klein, 3 F. (2d) 375. Identification of goods delivered on consignment held sufficient to entitle wholesaler to recover them.-Id. That wholesaler suspected bankrupt's condition held not to effect validity of agreement to deliver goods on consignment.-Id. Test whether consignment agreement made in good faith or mere device to conceal sale stated.-Id. Evidence held to show consignment agreement bona fide and not device to conceal sale.-Id. Bankrupt's failure to procure insurance on consigned goods as required by consignment agreement held not inconsistent with ownership in consignors.-Id. That goods consigned to bankrupt were found in various parts of store, mingled with bankrupt's goods, did not effect owner's rights.-Id. 113 (U.S.C.C.A.Tex.) Trustee in bankruptcy is real beneficiary, and may sue on bond payable to United States for benefit of petitioning creditors.-In re Walker Grain Co., 3140(1) (U.S.C.C.A.Wis.) Unsecured crediF. (2d) 872. Form of remedy on bond given receiver in bankruptcy is governed by lex fori.-Id. tors of corporation, which had transferred assets to bankrupt corporation in consideration of bankrupt corporation's assumption of debts, held not entitled to return of property.In re Union Food Stores Co.. 3 F. (2d) 736. 140(3) (U.S.C.C.A.Ky.) Depositor of bonds with bankrupts held entitled to reclaim other bonds bought with their proceeds.-Duncan v. Johnston & Co., 3 F. (2d) 422. 143(1) (U.S.D.C.La.) Income of wife, collected and used by husband, held community property, and to pass to his trustee.-In re Lynch, 3 F. (2d) 82. 143(10) (U.S.D.C.Md.) Life interest of bankrupt in estate held to pass to his trustee.In re Dudley's Estate, 3 F. (2d) 832. 143(12) (U.S.C.C.A.N.Y.) Insurance policy having surrender value passes to trustee on adjudication.-In re Redbord, 3 F. (2d) 793. 143 (12) (U.S.D.C.N.C.) Insurance policies held to vest in trustee.-In re Whiting, 3 F. (2d) 440. 145(1) (U.S.C.C.A.Va.) Bankrupt corporation held not liable as indorser on collateral, in addition to indebtedness for which collateral was pledged.-Barker v. Stant, 3 F. (2d) 918. 151 (U.S.C.C.A.N.Y.) Trustee does not stand merely in bankrupt's shoes, but has right of judgment creditor, holding unsatisfied execution. In re Packard Press, 3 F. (2d) 232. 151 (U.S.C.C.A.N.Y.) Bankruptcy trustee not innocent purchaser.-In re Klein, 3 F. (2d) 375. (C) Preferences and Transfers by Bankrupt, and Attachments and Other Liens. 165(1) (U.S.C.C.A.Tex.) President of insolvent corporation, bringing about payment of liabilities on which he was surety, held to have accomplished voidable preference.-Walker v. Wilkinson, 3 F.(2d) 867. 184(2) (U.S.C.C.A.N.Y.) Defective filing or failure to properly refile vitiates chattel mortgage in bankruptcy.-In re Packard Press, 3 F.(2d) 232. 184(2) (U.S.D.C.Fla.) Instrument securing debt held a mortgage, and void for want of recording. In re Farmers' Co-op. Ass'n of Marion County, Fla., 3 F. (2d) 708. 186(1) (U.S.C.C.A.Va.) Trustee held entitled to recover money transferred in fraud of creditors. In re Sunnyside Quarry Corporation, 3 F. (2d) 142. 188(3) (U.S.C.C.A.Va.) Agreement between partners for giving of security to retiring partner held to give latter no equitable lien on general assets of corporation thereafter organized.-Barker v. Stant, 3 F. (2d) 918. Creditor not entitled to equitable lien on general assets of bankrupt corporation, because of latter's failure to substitute other collateral as agreed.-Id. Creditor of bankrupt, dealing with corpora tion as substituted debtor, held not entitled to attack conveyance from debtor to bankrupt corporation.-Id. (D) Administration of Estate. 224 (U.S.D.C.III.) Referee is without authority to review his own orders.-In re J. W. Renshaw's Sons, 3 F. (2d) 75. 225 (U.S.D.C.N.Y.) Procedure; proceedings before referee before and after appointment of trustee.-In re H. Magen Co., 3 F. (2d) 33. 228 (U.S.D.C.II.) Referee is without authority to review his own orders, and filing of exceptions does not extend time to petition for review. In re J. W. Renshaw's Sons, 3 F. (24) 75. Requisites of petition for leave to file petition to review referee's order after expiration of 10-day limitation stated.-Id. 228 (U.S.D.C.Pa.) District Court will not review order of referee on referee's certifireview.-In re Finkelstein, 3 F. (2d) 1006. cate, in absence of petition by party desiring 252 (U.S.C.C.A.Ohio) Jurisdiction to approve compromise conferred by Bankruptcy Act not by general orders in bankruptcy.-In re L. M. Axle Co., 3 F. (2d) 581. Written application for authority to settle controversies held a "petition" within meaning of general orders.-Id. Written application held sufficient to invoke jurisdiction of bankruptcy court to approve trustee's compromise.-Id. Written application of trustee for approval of compromise held sufficient when construed in connection with report of sale.-Id. (E) Actions by or Against Trustee. 287 (3) (U.S.C.C.A.Tex.) Equitable action against president and principal stockholder of bankrupt corporation maintainable to recover assets of bankrupt.-Walker v. Wilkinson, 3 F. (2d) 867. 288(1) (U.S.C.C.A.III.) District Court without power in summary proceeding to determine rights of others in property in their possession before petition in bankruptcy.-In re Braun, 3 F. (2d) 247. 288(1) (U.S.C.C.A.La.) Court has summary jurisdiction to determine adverse claims to property in possession of trustee. In re Midland Oil Co., 3 F. (2d) 112. 293(2) (U.S.C.C.A.Tex.) Where bill shows voidable transfers within four months, bankruptcy court has jurisdiction of suit to recover such assets.-Walker v. Wilkinson, 3 F.(2d) 867. 303(3) (U.S.C.C.A.Cal.) Evidence held to sustain finding that deposit was not in usual course, but intended to pay bankrupt's indebtedness to bank, constituting voidable preference.-Bank of California v. Brainard, 3 F. (2d) 3. 303 (3) (U.S.C.C.A.Tex.) Conveyance by bankrupts held not invalid, as in fraud of creditors.-Ward v. Scales, 3 F. (2d) 261. 198 (U.S.C.C.A.III.) Rights under replevin, based on fraud in purchase, not discharged, (F) Claims Against and Distribution of though within four months prior to bankruptcy proceedings.-In re Braun, 3 F. (2d) 247. 212 (U.S.C.C.A.N.Y.) Trustee held entitled to show by evidence or cross-examination that consignment agreement was not carried out to show it was sale.-In re Klein, 3 F. (2d) 375. 212 (U.S.C.C.A.Wis.) Petitioner for possession of property transferred to bankrupt had burden of proving his right to possession or to an accounting.-In re Union Food Stores Co.. 3 F. (2d) 736. 213 (U.S.D.C.Tex.) Value of mortgaged property to be determined in view of its mortgaged condition.-In re Smith, 3 F. (2d) 40. Possession of mortgaged property under foreclosure does not pass to bankruptcy court.-Id. Sale by mortgagee under power of sale held valid as against the trustee of mortgagor.-Id. Estate. 314(1) (U.S.D.C.Pa.) Purchasers of stock of bankrupt corporation held not entitled to prove claims as creditors.-In re R. Rombach & Co., 3 F. (2d) 46. Stockholders held not entitled to share with subsequent creditors in assets of corporation. -Id. 314 (2) (U.S.D.C.N.Y.) Rent accruing under lease subsequent to bankruptcy not a provable debt. In re Cushman, 3 F. (2d) 449. 314(4) (U.S.C.C.A.N.Y.) Statute of limitations of state governs in federal bankruptcy proceedings. In re German-American Improvement Co., 3 F. (2d) 572. Limitations unaffected by unlawful payment by bankrupt.-Id. Limitations unaffected by payment by cor For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER poration, while insolvent, to stockholders in 415(3) (U.S.C.C.A.Mass.) On hearing of violation of statute.-Id. 316(3) (U.S.C.C.A.Va.) Indorser's claim held properly disallowed. In re B. T. Wise Furniture Corporation, 3 F.(2d) 271. 319 (U.S.C.C.A.III.) Judgment rendered after bankruptcy not a provable claim.-In re James A. Brady Foundry Co., 3 F. (2d) 437. 339 (U.S.C.C.A.III.) Trustee held not precluded from contesting claim on judgment by moving to set it aside.-In re James A. Brady Foundry Co., 3 F. (2d) 437. 339 (U.S.C.C.A.N.Y.) Statute of limitations available. In re German-American Improvement Co., 3 F. (2d) 572. 340 (U.S.D.C.N.Y.) Evidence held insuffi cient to prove salary of president authorized by board of directors.-In re Union Paint Co., 3 F.(2d) 197. 346 (U.S.D.C.Ga.) Additional excess profits tax assessed against partnership after assets taken over by bankrupt corporation held entitled to priority. In re W. J. Marshall Co., 3 F.(2d) 192. 347 (U.S.D.C.Pa.) Where funds insufficient to pay expenses of clerk, marshal, and referee in full, they should be applied pro rata.-In re Ehrlich, 3 F. (2d) 62. (G) Accounting and Discharge of Trustee. 368 (U.S.D.C.Pa.) Trustee cannot be allowed additional fees for services rendered after composition.-In re Riznikove, 3 F. (2d) 81. V. RIGHTS, REMEDIES, AND DISCHARGE OF BANKRUPT. 391(3) (U.S.C.C.A.III.) Replevin and trover, on ground of fraud in purchase, not stayed by bankruptcy proceeding. In re Braun, 3 F. (2d) 247. 391 (3) (U.S.D.C.N.Y.) Action for conversion not stayed.-In re Brier, 3 F. (2d) 709. 396(1) (U.S.D.C.Okl.) Exemptions left to state laws.-Brown v. Home Life Ins. Co. of New York, 3 F. (2d) 661. 396 (3) (U.S.D.C.N.C.) Constitutional provision held not to affect rights in insurance policies. In re Whiting, 3 F.(2d) 440. 396 (3) (U.S.D.C.Okl.) Proceeds of life policy payable to or for benefit of wife did not pass to husband's trustee in bankruptcy in view of state law.-Brown v. Home Life Ins. Co. of New York, 3 F. (2d) 661. 408(1) (U.S.D.C.Fla.) False oath to schedule filed by bankrupt held ground for denying discharge. In re Brinson, 3 F. (2d) 455. 410 (U.S.D.C.Pa.) Court without power to grant discharge on petition filed more than 18 months after adjudication, unless delay excusable. In re Reingold, 3 F. (2d) 80. by 413(3) (U.S.C.C.A.Mass.) Objections creditor to discharge may be signed by attorney of record; "creditor."-Koch v. Sidney Blumenthal & Co., 3 F. (2d) 395. Specifications of objection to discharge not required to be verified.-Id. 413(3) (U.S.D.C.Fla.) That objector to discharge of bankrupt did not sign specification of objections "as creditor" held not to require dismissal.-In re Brinson, 3 F. (2d) 455. 413(4) (U.S.D.C.Fla.) Specification of objections alleging concealment of accounts by bankrupt held sufficient.-In re Brinson, 3 F. (2d) 455. Specification of objection to discharge of bankrupt held insufficient.-Id. 413(5) (U.S.D.C.Fla.) That bankrupt destroyed, concealed, or failed to keep books of account is not good as specification of objection to discharge. In re Brinson, 3 F. (2d) 455. 415(2) (U.S.C.C.A.Mass.) Findings of referee on reference of application for discharge are advisory only.-Koch v. Sidney Blumenthal & Co., 3 F. (2d) 395. application for discharge, documents may be obtained from files.-Koch v. Sidney Blumenthal & Co., 3 F. (2d) 395. 423 (2) (U.S.D.C.Ga.) Mere negligent conversion does not give rise to liability which is not discharged in bankruptcy.-Swift & Co. v. Bullard & Son, 3 F. (2d) 814. 424 (U.S.D.C.Ga.) Liability for a conversion is not released by discharge.-Swift & Co. v. Bullard & Son, 3 F. (2d) 814. Conversion must be willful and malicious, or liability therefor is released by discharge in bankruptcy.--Id. Liability of agents for sale of fertilizer for proceeds lost or appropriated held not as for willful and deliberate conversion, such as was not discharged in bankruptcy.-Id. 424 (U.S.D.C.N.Y.) Claim for conversion not discharged by bankruptcy.-In re Brier, 3 F. (2d) 709. 426(2) (U.S.D.C.Ga.) Agent for sale of fertilizer, accountable for proceeds, is not acting in fiduciary relation, under Bankruptcy Act.-Swift & Co. v. Bullard & Son, 3 F. (2d) 814. Discharge will be decreed in cases of agents. brokers, etc., where there is neither technical trust in the contractual relation, nor moral turpitude in its breach.-Id. on 435 (U.S.D.C.Ga.) Pleadings claim arising before defendant's discharge in bankruptcy must show cause of action on liability not released by discharge.-Swift & Co. v. Bullard & Son, 3 F. (2d) 814. VI. APPEAL AND REVISION OF PRO CEEDINGS. (A) Superintendence and Revision. 440 (U.S.C.C.A.Ky.) Order requiring bankrupt to turn over property or money to trustee properly reviewable on petition to revise. -Goldstein v. Johnson, 3 F.(2d) 228. 440 (U.S.C.C.A.Ky.) Order dismissing petition for reclamation of property is reviewable by appeal.-Duncan v. Johnston & Co., 3 F. (2d) 422. 440 (U.S.C.C.A.N.Y.) District Court's order, confirming order of referee disallowing and expunging claim for damages for breach of lease, not reviewable by petition to revise. In re A. E. Richardson Co., 3 F. (2d) 600. Rule as to review by petition to revise stated.-Id. 440 (U.S.C.C.A.Ohio) Order dismissing petition to review order approving trustee's report of sale reviewable only on petition to revise.-In re L. M. Axle Co., 3 F.(2d) 581. 446 (U.S.C.C.A.Ky.) Petition to revise presents for review only questions of law.Goldstein v. Johnson 3 F.(2d) 228. 446 (U.S.C.C.A.N.Y.) Finding of fact_not reviewable on petition to revise. In re Redbord, 3 F. (2d) 793. (B) Appeal. 455 (U.S.C.C.A.Ky.) Informal decree dismissing petition held appealable; "final decree."-Duncan v. Johnston & Co., 3 F.(2d) 422. C458 (U.S.C.C.A.Wis.) Issues not presented to District Court not considered on appeal.-In re Ruskell, 3 F. (2d) 127. 467 (U.S.C.C.A.Wis.) On appeal from determination, adversely to creditor, of sole question of fact presented by creditor's intervening petition, no further question for determination.-In re Ruskell, 3 F. (2d) 127. 468 (U.S.C.C.A.Md.) Inadvertence in drawing decree of District Court may be corrected by agreement before entry of formal decree of Circuit Court of Appeals.-Standard Oil Co. v. Miller, 3 F. (2d) 438. VII. COSTS AND FEES. 475 (U.S.D.C.Pa.) Funds of estate not subject to appropriation as indemnity for expenses of officers.-In re Ehrlich, 3 F. (2d) 62. VIII. OFFENSES AGAINST BANKRUPT LAWS. 494 (U.S.C.C.A.III.) Indictment charging fraudulent concealment of property held not defective in failing to charge property belonged to trustee.-Paszkiewicz v. U. S., 3 F. (2d) 272. credit" indicates relation of debtor and creditor.-Nyssa-Arcadia Drainage Dist. v. First Nat. Bank, 3 F. (2d) 648. 161 (2) (U.S.D.C.Ga.) Duty of collecting bank primarily governed by local law and usage.-Capital Grain & Feed Co. v. Federal Reserve Bank of Atlanta, 3 F. (2d) 614. 161 (3) (U.S.D.C.Ga.) Collecting bank accepting draft in payment takes the risk of its being paid.-Capital Grain & Feed Co. v. Federal Reserve Bank of Atlanta, 3 F. (2d) 614. 171(1) (U.S.D.C.Ga.) Special circumstances may require extra effort by collecting bank. -Capital Grain & Feed Co. v. Federal Reserve Bank of Atlanta, 3 F. (2d) 614. 496 (U.S.C.C.A.III.) Failure to show what became of bankrupts' property held to present jury question whether bankrupts conspired to conceal property.-Paszkiewicz v. U. S., 3171(3) (U.S.D.C.Ga.) Collecting bank not F. (2d) 272. BANKS AND BANKING. II. BANKING CORPORATIONS AND ASSOCIATIONS. (E) Insolvency and Dissolution. 80(4) (U.S.D.C.Idaho) Evidence held insufficient to show insolvency.-U. S. Fidelity & Guaranty Co. v. Porter, 3 F. (2d) 57. Capital stock not "debt" in determining insolvency.-Id. Idaho state finance commissioner held not shown to have taken over bank assets under assignment.-Id. negligent in forwarding.check direct to drawee. -Capital Grain & Feed Co. v. Federal Reserve Bank of Atlanta, 3 F. (2d) 614. 175(1⁄2) (U.S.D.C.Ga.) Under agreement with collecting bank, its correspondents held agents of depositor.-Capital Grain & Feed Co. v. Federal Reserve Bank of Atlanta, 3 F. (2d) 614. IV. NATIONAL BANKS. 256(3) (U.S.C.C.A.Okl.) Travelers' checks "credits," within meaning of embezzlement statheld by bank for issuance to customers held ute.-Theobald v. U. S., 3 F. (2d) 601. 80 (8) (U.S.D.C.Or.) Payment of certifi-257(1) (U.S.C.C.A.Okl.) Indictment held to cates of indebtedness and checks sent to in solvent bank for collection by check on such bank held not to entitle owner to priority.Nyssa-Arcadia Drainage Dist. v. First Nat. Bank, 3 F. (2d) 648. Owners of checks sent to insolvent bank for collection resulting in balance against bank held not entitled to priority.-Id. Owners of checks sent to insolvent bank for collection resulting in increasing bank's assets held entitled to priority.-Id. III. FUNCTIONS AND DEALINGS. (A) Banking Franchises and Powers, and Their Exercise in General. 99 (U.S.D.C.Idaho) Bank not party to paper may bind itself as guarantor.-AllisChalmers Mfg. Co. v. Citizens' Bank & Trust Co., 3 F. (2d) 316. Guaranty by bank held within the scope of its authority.-Id. (B) Representation of Bank by Officers and Agents. 105(2) (U.S.D.C.Idaho) President held to have authority to execute guaranty.-AllisChalmers Mfg. Co. v. Citizens' Bank & Trust Co., 3 F. (2d) 316. 114 (U.S.C.C.A.Ind.) Evidence held to warrant finding bank ratified act of officer in agreeing to honor drafts.-Muentzer v. Los Angeles Trust & Savings Bank, 3 F. (2d) 222. Act of bank officer may be ratified after its commission, as well as authorized beforehand. -Id. Bank cannot escape liability for acts of its officer, knowledge of which is imputable to bank.-Id. (C) Deposits. 142 (U.S.D.C.Md.) Bankruptcy trustee held not entitled to recover fund which had legally vested in another before bankruptcy.-In re Smith, Lockhart & Co., 3 F. (2d) 444. (D) Collections. 156 (U.S.D.C.Ga.) Check received for collection not received on "deposit."-Pascagoula Nat. Bank v. Federal Reserve Bank of Atlanta, 3 F. (2d) 465. 156 (U.S.D.C.Or.) Indorsement for "collection and returns" creates relation of principal and agent; indorsement "collection and show sufficiently that abstraction was without authority.-Theobald v. U. S., 3 F.(2d) 601. 257(3) (U.S.C.C.A.Okl.) Evidence held to sustain conviction of employé for abstracting credits of bank.-Theobald v. U. S., 3 F.(2d) 601. 260(4) (U.S.C.C.A.N.Y.) Agreement by bank to hold deposit during life of charter party. held not a guaranty.-Coal & Iron Nat. Bank of City of New York v. Suzuki, 3 F. (2d) 764. 266 (U.S.C.C.A.N.Y.) Agreement of bank to hold deposit, under a contract between plaintiff and the depositor, held not to give plaintiff a right of action at law against it to recover the deposit.-Coal & Iron Nat. Bank of City of New York v. Suzuki, 3 F. (2d) 764. 2882 [New, vol. IIA Key-No. Series] (U.S.D.C.Ga.) Credit of checks received by reserve bank; regulation of Reserve Board held valid.-Pascagoula Nat. Bank v. Federal Reserve Bank of Atlanta, 3 F. (2d) 465. "Net" and "actual" as applied to reserve defined.-Id. Reserve Bank not chargeable with exchange on remittance from member bank in payment of check.-Id. Reserve Bank may collect from member banks checks received from outside its district.-Id. VII. CLEARING HOUSES. 319 (U.S.D.C.Md.) Clearing house rules may be waived.-In re Smith, Lockhart & Co., 3 F. (2d) 444. Clearing house rules may have a bearing on rights of outside parties.-Id. 320 (U.S.D.C.Md.) Bank held to have made illegal disbursement of funds of bankrupt estate. In re Smith, Lockhart & Co., 3 F. (2d) 444. Time of payment of checks presented through clearing house.-Id. BASTARDS. I. ILLEGITIMACY IN GENERAL. 14 (U.S.C.C.A.Porto Rico) In an action for filiation under Civil Code Porto Rico, brought after the death of the alleged parent, his executor is not a necessary party.-Boerman v. Marrero, 3 F. (2d) 241. For cases in Dec.Dig. & Am.Dig. Key-No. Series & Indexes see same topic and KEY-NUMBER BILL OF EXCEPTIONS. See Exceptions, Bill of. BILLS AND NOTES. I. REQUISITES AND VALIDITY. (D) Acceptance. 85 (U.S.C.C.A.Ind.) That drafts called for "exchange and collection charges," while bank's agreement to honor drafts did not mention such charges, held not to affect bank's liability.-Muentzer v. Los Angeles Trust & Savings Bank, 3 F. (2d) 222.' IV. NEGOTIABILITY AND TRANSFER. (B) Transfer by Indorsement. 195 (U.S.D.C.Or.) General indorsement carries title to paper.-Nyssa-Arcadia Drainage Dist. v. First Nat. Bank, 3 F. (2d) 648. 200 (U.S.D.C.Or.) Paper indorsed "for collection," "for account," etc., remains property of indorser.-Nyssa-Arcadia Drainage Dist. v. First Nat. Bank, 3 F. (2d) 648. V. RIGHTS AND LIABILITIES ON INDORSEMENT OR TRANSFER. (B) Indorsement for Transfer. 296 (U.S.D.C.Del.) Stockholders of bankrupt corporation held estopped to deny validity of judgment against bankrupt.-In re Bird Transfer Co., 3 F. (2d) 506. (D) Bona Fide Purchasers, 337 (U.S.C.C.A.N.Y.) Holder not charged with "bad faith" unless taking is dishonest; "good faith" defined.-Gerseta Corporation v. Wessex-Campbell Silk Co., 3 F. (2d) 236. 378 (U.S.C.C.A.N.C.) Bank held not liable on draft raised by forgery.-Savings Bank of Richmond v. National Bank of Goldsboro, 3 F. (2d) 970. VIII. ACTIONS. 489(1) (U.S.C.C.A.N.Y.) Where only issue is as to whether plaintiff is good faith holder for value, reception of evidence not directed to that issue held error.-Mack v. Dailey, 3 F. (2d) 534. 537(6) (U.S.C.C.A.Ind.) That bank paid many drafts drawn by corporation held sufficient to lull suspicion arising from knowledge that bank officer interested in corporation. Muentzer v. Los Angeles Trust & Savings Bank. 3 F.(2d) 222. 537(6) (U.S.C.C.A.N.Y.) Evidence that plaintiff was bona fide holder for value held to leave no issue for jury as to his good faith.Mack v. Dailey, 3 F. (2d) 534. 538(4) (U.S.C.C.A.N.Y.) Where no evidence that plaintiff had knowledge of collateral agreement, instruction on that point held properly refused.-Gerseta Corporation Wessex-Campbell Silk Co., 3 F. (2d) 236. BONDS. V. ACTIONS. V. 122 (U.S.C.C.A.Tex.) Real beneficiary of bond may sue thereon.-In re Walker Grain Co., 3 F.(2d) 872. BRIBERY. (App.D.C.) Evidence held to sustain conviction of former officer for accepting bribe for recommending requisitions for supplies. Ritzman v. U. S., 3 F. (2d) 718. BROKERS. III. DUTIES AND LIABILITIES TO 23 (U.S.D.C.N.Y.) May pledge securities bought by them on orders of margin account customers.-Fisher v. Clark, 3 F. (2d) 621. VI. RIGHTS, POWERS, AND LIABILITIES AS TO THIRD PERSONS. 94 (U.S.C.C.A.Mass.) Broker without authority to make contract for buyer after informing him his offer was refused.-Morris & Co. v. H. L. Handy & Co., 3 F. (2d) 97. 100 (U.S.C.C.A.Mass.) One dealing with broker did so at its peril, in absence of ostensible authority.-Morris & Co. v. H. L. Handy & Co.. 3 F. (2d) 97. 103 (U.S.C.C.A.Mass.) Burden to show ratification was with knowledge of facts.--Morris & Co. v. H. L. Handy & Co., 3 F. (2d) 97. Question whether contract was made held for jury.-Id. 106 (U.S.C.C.A.Mass.) Contract made with brokers held not authorized by owner.-The Schooner Santino, 3 F. (2d) 806. BURGLARY. II. PROSECUTION AND PUNISHMENT. 31 (U.S.C.C.A.Tenn.) Evidence that blank shipping orders were stolen at time accused was employed by railroad held competent, in prosecution for theft of interstate shipment.Beavers v. U. S., 3 F. (2d) 860. CARRIERS. I. CONTROL AND REGULATION OF COMMON CARRIERS. (A) In General. 12(1) (U.S.D.C.Colo.) City has police power to regulate fares and service of street railway, but cannot fix confiscatory rates.Westinghouse Electric & Mfg. Co. v. Denver Tramway Co.. 3 F. (2d) 285. cost 12(5) (U.S.D.C.Colo.) Reproduction new, less depreciation, is dominant factor in valuation for rate-making purposes.-Westinghouse Electric & Mfg. Co. v. Denver Tramway Co., 3 F. (2d) 285. Easements in streets of street railway held property of value.-Id. Value of street easements not included in rate-making base.-Id. 12(7) (U.S.D.C.Colo.) In valuation proceedings accrued depreciation is fact to be ascertained by inspection.-Westinghouse Electric & Mfg. Co. v. Denver Tramway Co., 3 F.(2d) 285. II. CARRIAGE OF GOODS. (B) Bills of Lading. Shipping Receipts, and Special Contracts. 58 (U.S.C.C.A.Tex.) Collecting bank liable for surrender of bill of lading without payment of draft attached.-Tampico Banking Co., S. A., v. Barber, 3 F. (2d) 136. (C) Custody and Control of Goods. 70 (U.S.C.C.A.Pa.) Title to goods consigned to one person in care of another generally in consignee.-Emmons Coal Mining Co. v. Norfolk & W. Ry. Co., 3 F. (2d) 525. (E) Delay in Transportation or Delivery. 100(1) (U.S.C.C.A.Pa.) Unloading coal of one shipper on order of another, as permitted by rules of exchange, held not release of first shipper from liability for demurrage.-Emmons Coal Mining Co. v. Norfolk & W. Ry. Co., 3 F.(2d) 525. Coal shipper held not relieved from demurrage on car dumped on order of another shipper, under tariff rule relating to transfers of shipments.-Id. Demurrage charges on shipments of coal held not invalid, as based on improper interpolation of tariff rules and rules of coal exchange. -Id. Member of coal exchange pool held liable, |