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INDEX TO CASES.

[The reference is in each instance to the page only where treatment of the matter in question
begins, if the pages devoted thereto are continuous.]

ACT of bankruptcy, consenting to receiver- | Claim need not be due, 154

ship is not, 363

fraudulent conveyances as, 161

general assignments as, 358

See PROVABLE CLAIM.

Composition, whether assent to discharges
surety 609

general assignments under Act of 1867 as, Consideration, inadequacy of as affording

124

preferences as, 285

312

suffering or permitting a preference as,
what is, 161
Action, stay of, pending application for dis-
charge, 606
Agreement to give security generally, in-
effectual, 329, 335

to mortgage particular property, 338
to pledge particular property, 337
Alien, when may be a bankrupt, 128
Alimony, claim for is not provable, 528
Arrest, bankrupt's protection from, 595
Assent to general assignment estops creditor
from petitioning, 156

to general assignment essential to its
validity, 262

to principal's discharge in bankruptcy
whether discharges surety, 609
Assignee in bankruptcy. See TRUSTEE IN
BANKRUPTCY.

Assignment, assent to estops creditor from
petitioning, 156

by operation of law, what is, 399
effect of foreign, 389

is an act of bankruptcy, 124, 358
property conveyed by may be recovered
by trustee in bankruptcy, 373

under State laws, how affected by Bank-
rupt Act, 115

when a fraudulent conveyance, 260
whether authority to sell on credit in-
validates, 269

whether invalid unless assented to, 262
whether preferences invalidate, 270
whether provision for continuance of
business invalidates, 268

whether provision giving power to com-
promise invalidates, 278

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presumption of fraud, 182, 197, 199

paid for fraudulent conveyance when
recoverable, 184

transfer for present not a preference, 326
Constitution, effect of upon bankruptcy legis-
lation, 87, 90

Contingent debt, sufficient to make convey-
ance fraudulent, 180, 222
whether provable, 490

Contingent remainder, of bankrupt passes to
trustee, 437

Contract rights of bankrupt pass to trustee
when, 458

Conversion, right of action for, passes to
trustee, 456

claim against bankrupt for is not dis-
charged, 524

Corporation, effect of discharge of upon liabil-
ity of stockholders and directors, 614
entitled to discharge, 614

when may be a bankrupt, 144
Court, jurisdiction of bankruptcy, 128, 581
Creditor, non-resident, discharge does not
affect, 91

who may petition, 153

whether conveyance fraudulent as to
existing is fraudulent as to subsequent,
214, 235, 241, 247

See CLAIM, PROVABLE CLAIM.

Curtesy, whether estate by, passes to trustee,
429

DEBT, created by fraud or while acting in a
fiduciary capacity, 628

See CLAIM; PROVABLE CLAIM.
Deceased person, insolvent estate of governed
by State laws, 110

Deceit, whether right of action for passes to
trustee, 456

Discharge, avoided by new promise, 637

cannot be impeached collaterally, 604
corporation entitled to, 614

does not bar debts created by fraud or

while acting in fiduciary capacity, 628
granted though some debts fraudulent, 603
of corporation effect of upon liability of
directors and stockholders, 624

pleading of, 622

stay of proceedings pending application
for, 606

under State legislation, 91

whether assent to bankrupt's releases
surety, 609

Dissolution of liens by bankruptcy, 406

District Court, jurisdiction of, 128, 581
Double proof, rule against, 505
Dower, trustee in bankruptcy takes husband's
estate subject to, 428

ELIZABETH, Statute of, 161
Equitable lien, whether promise to mortgage
or pledge gives, 337

whether unrecorded mortgage gives, 333,

420

Examination of bankrupt, 572
Exemptions of bankrupt, 601
Existing creditors, whether may always set

aside voluntary conveyance, 213, 221
whether conveyance fraudulent as to, is
fraudulent as to subsequent creditors,
214, 235, 241, 247

FACTOR, effect of bankruptcy of, 422
Farmers, construction of exemption from in-
voluntary bankruptcy, 150

Federal courts, rule of as to fraudulent con-
veyances, 257

Fiduciary capacity, what is, 628

Fine, judgment for is not provable, 532
Foreign property, what passes to trustee, 389
Fraud, debt created by bankrupt not protected
from arrest, 600

what is debt created by, 631
Fraudulent conveyances, 161

preference is not, 173, 339

SEE EXISTING CREDITORS; HAZARDOUS
BUSINESS; POSSESSION; SUBSEQUENT
CREDITORS.
Fraudulent judgment is not provable, 540

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INCRIMINATING questions, bankrupt may
not be asked, 575

Indorser, amount for which holder may prove
against, 509

liability of is provable, 497

Insurance, see LIFE INSURANCE.
Intent to hinder, delay, and defraud, see
FRAUDULENT CONVEYANCES.

Intent to prefer, as an element of preferences,
288

JUDGMENT, effect of bankruptcy upon, 412
for fine is not provable, 532

for personal claim of bankrupt passes to
trustee, 456

for tort is provable, 526

fraudulent is not provable, 540

in actions for fraud not discharged, 634
rendered after discharge not barred, 622
rendered before discharge barred, 622
will not be vacated pending application
for discharge, 627
Jurisdiction, bankruptcy of the United
States, 87

bankruptcy of the several States, 91
of District court, 128, 581

of Federal court, acquired by change of
residence, 134

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MALICIOUS attachment, right of action for
does not pass to trustee, 456
Malicious prosecution, right of action for, does
not pass to trustee, 456
Married woman, entitled to dower as against
husband's trustee, 428
when may be a bankrupt, 135

whether right of to reimbursement is Marry, breach of promise to marry is a

provable, 498

Infant, when may be a bankrupt, 135
Inheritance, possibility of does not pass to
trustee, 440

Insane person, estate of insolvent distributed
under State law, 110
when may be a bankrupt, 142
Insolvency, of grantor as essential to set
aside voluntary conveyance, 213, 218
of grantor, as essential to preference, 287
general assignment is act of bankruptcy
without allegation of debtor's, 358

provable claim, 527

liability for is discharged, 636
Mechanics' lien not dissolved by bankruptcy,

406

Mortgage, effect of unrecorded. 333, 420

whether promise of gives lien. 333, 337
Mortgagee, when may enforce rights if mort-
gagor bankrupt, 578

Mutual debts and credits, 555

NEW promise, avoids discharge, 637

Insolvent laws, how far suspended by Bank-Non-resident, discharge does not affect, 91
rupt Act, 108

when may be a bankrupt, 128

ONEROUS property, trustee in bankruptcy Provable claim, judgment for tort is, 526
need not take, 477

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are not a fraudulent conveyance, 173, 339
collateral effects of, 339

if payments are in part, whether wholly
void, 331

insolvency as an element of, 287
intent to prefer as an element of, 288

reasonable cause to believe intended, 302
surety of principal who has received, can-
not prove, 564

threats or pressure immaterial in, 300
transfers for present consideration are
not, 326

under English decisions, 285

when must be surrendered as condition of
proof, 334, 564

when suffered or permitted, 312

whether general assignment with is fraud-
ulent, 270

Priority, claims entitled to, 552

Promise, discharge avoided by new, 637
Promise to marry, claim for breach of is dis-
charged, 636

claim for breach of is provable, 527
Proof, not allowed unless preference sur-
rendered, 344

See PROVABLE CLAIM.
Property conveyed by general assignment
may be recovered by trustee, 373
held as security, sale of may be ordered,
578

in hands of factor, whether passes to
factor's trustee, 422

in hands of pledgee whether trustee may
recover, 418

what passes to trustee, 377

Protection of bankrupt, 595
Provable claim, alimony is not, 528

breach of promise to marry is, 527

debt barred by limitation is not, 536
for rent, 513

judgment for fine is not, 532

judgment is unless fraudulent, 540
liability payable in the future is, 488
of secured creditor, 542

on note made by partnership indorsed by
partner, 512

preferred creditor has not, 344, 564
time when must be in existence, 485
what is a, 485

whether contingent claim is, 490

where creditor may elect right in tort or
contract, 524

where there is a mutual debt and credit,

555

which has priority, 552

REAL estate, foreign does not pass to trustee,

392

of bankrupt husband subject to dower,
428

whether curtesy in wife's passes to trustee,
429

Reasonable cause to believe preference in-
tended, 302

Receiver, consent to appointment of is not act
of bankruptcy, 363

must surrender property to trustee in
bankruptcy, 106

Record, agreement not to, effect of, 336
effect of failure to, 334, 420

Relationship as affording presumption of
fraud, 181

Remainder, contingent passes to trustee, 437
Rent, landlord's lien for, not dissolved by
bankruptcy, 409

payment of whether preference, 326
provable claim for, 513

SECRET trust makes conveyance fraudulent,

205

Secured creditor, may join in petition, 154
Rights of, 542, 578

Security court may order sale of, 578

for present advance not a preference, 327
general promise to give cannot be per-
formed after insolvency, 329, 335
whether promise to give specified, gives
equitable lien, 337

Seduction, right of action for does not pass
to trustee, 456

whether right of action for is discharged,
636

Set off, by creditor who has received pref-
erence, 354

by debtor of bankrupt, 555
Situs of property as affecting transfer to
trustee, 389

States, bankruptcy jurisdiction of, 91
Statute of Limitations, against fraudulent
conveyances, 281

debt barred by, is not provable, 536
payment of debt barred by not fraudulent,
175

when stops running against bankrupt,

539

Statute of 13 Elizabeth, c. 5, 161

Stay of proceedings, pending application for
discharge, 606, 627

Stock Exchange, seat in passes to trustee, 441
Subsequent creditors, when may set aside
conveyance, 214, 235, 241, 247

See EXISTING CREDITORS.

Suffered or permitted, a creditor to obtain | Trustee in bankruptcy takes liquor license,

preference, 312

Support, contract for when fraudulent, 190
Surety, whether claim against is provable, 490
whether claim of for reimbursement is
provable, 499, 564

whether released by creditor's assent to
principal's discharge in bankruptcy,
609

TENANT, see LANDLORD; RENT.

Time, when bankruptcy law takes effect, 106
when bankrupt's discharge may be
pleaded, 622

when bankrupt's property passes, 377
when claim must exist to be provable,
485

when statute of limitations stops running
on claim against bankrupt, 539
Tort, claim for is not provable, 524
judgment for is provable, 526
Trade-mark, passes to trustee, 441
Trust, not previously recognized by bankrupt

gives him no right to hold property, 426
secret, makes conveyance fraudulent, 205
Trustee, interest of does not pass to trustee in
bankruptcy, 417

Trustee in bankruptcy, may elect to take
bankrupt's lease, 513

may recover possession of property held
by bankrupt under repudiated trust,
426

may recover property conveyed by
general assignment, 373

need not take onerous property, 477
not entitled to personal claims of bank-
rupt, 452

of factor entitled to what property, 422
takes claim for usury, 450

takes interest in life insurance policies,

471

442

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