BANKRUPTCY.

§ 1. Petition, adjudication, warrant,
and custody of property.

In an action by a trustee in bankruptcy to
defendant's judgment obtained against bank-
recover the proceeds of an execution sale on
rupt less than four months before the filing of
the petition in bankruptcy, held, that adjudica-
tion in bankruptcy was conclusive that bank-
rupt was insolvent at the time of defendant's
judgment.-DeGraff v. Lang (Sup.) 78.

A bankrupt firm cannot convey its property
after the filing of the petition in bankruptcy.
-Muschel v. Austern (Sup.) 235.

and

§ 2. Assignment, administration,
distribution of bankrupt's estate.
Trustee's action under Bankr. Act July 1,
1898, c. 541, § 60b, 30 Stat. 562 [U. S. Comp.
St. 1901, p. 3445], should be one in equity for
an accounting.-Houghton v. Stiner (Sup.) 10.

A receiver in bankruptcy cannot transfer ti-
tle to any of the bankrupt's property without
order of the court.-Muschel v. Austern (Sup.)
235.

Voluntary bankruptcy proceedings on the
part of building contractors, prior to lien being
filed for material furnished to them, do not af-
fect the right of materialmen to file and en-
force their lien.-Crane Co. v. Smythe (Sup.)

AWARD.

BAIL.

1. In civil actions.
Under Code Civ. Proc. § 599, a mere offer by
ureties on a bail bond to surrender their prin-
ipal after the time for answering an action
n the bond was expired held no defense.-
Garofalo v. Prividi (Sup.) 467.

That insufficient acts of sureties on a bail
ond in attempting to surrender their principal
were performed on the advice of their attorney
eld no ground for a new trial, after judgment
gainst them for the amount of the bond.-
Garofalo v. Prividi (Sup.) 467.

In an action against the sureties on a bail
ond, a return of not found by the sheriff is
conclusive, and cannot be questioned, except
as expressly authorized by statute.-Garofalo v.
Prividi (Sup.) 467.

In an action on a bail bond for the sum of
$500, a judgment against the sureties for a
Sum in excess of such penalty was erroneous.-
Garofalo v. Prividi (Sup.) 467.

BAILMENT.

See "Carriers," § 2; "Innkeepers"; "Pledges."
A bailee for hire of a horse held to have the
burden of proof that its death from injury re-
ceived while he had it was not the result of
his negligence.-Snell v. Cornwell (Sup.) 1.

GO, subd. "a." 30 Stat. 562 [U. S. Comp. St.
1901, p. 3445].-Engel v. Union Square Bank
(Sup.) 1070.

In order to establish a fraudulent preference
by a bankrupt, it must be shown that the pre-
ferred creditor actually received as a result of
the transfer a greater percentage on his debt
out of that payable to the other creditors.-
Engel v. Union Square Bank (Sup.) 1070.

§ 3. Rights, remedies, and discharge of
bankrupt.

Under Code Civ. Proc. § 1268, a discharged
bankrupt held entitled to an order canceling a
judgment against him.-Hussey v. Judson (Sup.)
499.

Under Bankr. Act July 1, 1898, § 17. c. 541,
30 Stat. 550, 551 [U. S. Comp. St. 1901, p.
3428], a discharge in bankruptcy held not a re-
lease from liability for fraud, though such fraud
was not perpetrated while acting as an officer
Sons v. Lesser (Sup.) 878.
or in any fiduciary capacity.-A. G. Hyde &

Order assigning future earnings and agree-
ment to collect held to render failure to pay
over a misappropriation or defalcation while
acting in fiduciary capacity, within Bankr. Act
July 1, 1898, c. 541, § 17, subd. 4, 30 Stat. 551
U. S. Comp. St. 1901, p. 34281.-J. L. Mott
Iron Works v. Toumey (Sup.) 1020.

Under Bankr. Act July 1, 1898, c. 541, §§ 1,
7, 17, 58, 30 Stat. 544, 548, 550, 561 U. S.
Comp. St. 1901, pp. 3418, 3424, 3428, 3444],
and Code Civ. Proc. § 1268, held, that a motion

BILLS AND NOTES.

Operation and effect of usury laws, see "Usu-
ry," § 1.

1. Requisites and validity.

Liability on a note cannot be defeated on the
ground that the services constituting the con-
sideration therefor were rendered without any
express request or promise to pay therefor
where it appears that the maker received and
accepted the services, which were for his bene-
fit.-Yarwood v. Trusts & Guarantee Co. (Sup.)
917.

Note given for services rendered held to be
supported by sufficient consideration.-Yar-
wood v. Trusts & Guarantee Co. (Sup.) 947.

2. Construction and operation.
Where a note is payable in the city of New
York, it was governed as to interest by the
laws of New York, though no rate was fixed.-
Simpson v. Hefter (City Ct. N. Y.) 243.

3. Rights and liabilities on indorse-

ment or transfer.

Defenses, available as between original par-
ties to negotiate instrument, held not available
as against bona fide holder after maturity, un-
der Negotiable Instruments Law. Laws 1897,
p. 732, c. 612, § 97.-Jennings v. Carlucci (Sup.)
475.

Holder of a check, indorsed to him in due
course, and without actual knowledge of any
defenses thereto, as required by Negotiable
Instruments Law, Laws 1897, p. 732, c. 612. §

for the check from the drawer.-Goetting v.
Day (Sup.) 510.

A judgment against a second accommodation
indorser held not to estop the representatives of
the first accommodation indorser, in a suit by
the second, to claim nonliability by reason of
the diversion of the note.-Corn v. Levy (Sup.)
768.

4. Actions.

In an action on a check, facts held to establish
prima facie a valid indorsement.-Goetting v.
Day (Sup.) 510.

A defense to an action by a second accommo-
dation indorser against the first that the note
had been diverted, and was not indorsed to give
credit to a maker with the payee, held not de-
murrable for failure to allege when the second
indorser acquired knowledge of such diversion.
-Corn v. Levy (Sup.) 768.

Under Code Civ. Proc. § 522, a hypothetical
clause preceding a defense alleged in an answer
to a suit on a note held surplusage, and not to
render such defense subject to demurrer.-Corn
v. Levy (Sup.) 768.

In an action on notes, evidence held suffi-
cient to sustain a finding that indorsements
were not genuine.-Doty v. Dellinger (Sup.)
1001.

BODY EXECUTION.

See "Execution," § 2.

show that she induced the purchaser to buy the
property.-Scherer v. Colwell (Sup.) 490.

A broker held not entitled to recover commis-
sions for procuring customers for the sale of real
estate, in the absence of proof of written au-
thority to offer the property for sale.-Borgio v.
Gange (Sup.) 538.

An indorsement on a contract, signed by the
binding agreement as to the amount due plain-
parties, held proof that there was no previous
tiff on the contract.-Hart v. L. D. Garrett Co.
(Sup.) 574.

Under defendants' contract to pay plaintiff a
share of any profits they should realize from a
sale, as soon as received, held, that plaintiff
I could not recover till defendants' receipt there-
of was no longer contingent.-Hart v. L. D.
Garrett Co. (Sup.) 574.

A broker, employed to procure a loan, does
not earn his commission by securing a person
who offers to make the loan, but afterwards re-
fuses to consummate the transaction.-Ashfield
v. Case (Sup.) 649.

A real estate broker, having found a person
ready and willing to make an exchange accord-
ing to the terms of the broker's employment,
earned his commissions, though his principal re-
fused to complete the exchange.-Suydam v.
Healy (Sup.) 669.

In an action by broker to recover commis-
sions for selling defendants' real estate, evi-
dence held not to show any liability on the part
of defendants.-Sampson v. Ottinger (Sup.) 796.

he produced a purchaser ready, willing, etc.,
A broker held entitled to commissions, where
but the sale was not consummated by reason
of a defect in title.-Cusack v. Aikman (Sup.)
940.

§ 3. Rights, powers, and liabilities as to
third persons.

A broker, in good faith selling railway bonds,
transferred on a forged authority, held liable
over to the railway company on its being com-
pelled to replace the bonds.-Jennie Clarkson
1ome for Children v. Chesapeake & O. Ry. Co.
(Sup.) 348.

A broker, in good faith selling registered bonds
belonging to a corporation, transferred under a
forged authority, held liable to the corporation
for the value of the bonds.-Jennie. Clarkson
Home for Children v. Chesapeake & O. Ry. Co.
(Sup.) 348.

BUILDING REGULATIONS.

2. Compensation and lien.

Real estate brokers held entitled to recover
services in preparing for auction, although
ner himself sold property on day before auc-
n.-Donald v. Lawson (Sup.) 485.

BUILDINGS.

Injuries to servants employed on, see "Master
and Servant," § 4.
Restrictions in deeds, see "Covenants," § 2.

BURGLARY.

Cancellation of judgment against discharged
bankrupt, see "Bankruptcy," § 3.
Cancellation of notice of lis pendens, see "Lis

Pendens."

Rescission of contract, see "Contracts," 8 4;
"Vendor and Purchaser," § 2.

Recovery of the penalty provided by Laws
1890. p. 1114, c. 565, § 104, for refusal to give
a transfer "to any passenger desiring to make
a continuous trip," may be had by one riding
for the purpose of recovering penalties.-Mc-
Lean v. Interurban St. Ry. Co. (Sup.) 135.

A railroad company, adopting the plan of
sending its cars over a switch existing solely
for the purpose of delivering freight to cars
from shippers located on the switch, held re-
quired to serve all shippers alike.-Kellogg V.
Sowerby (Sup.) 412.

The right of owners of a grain elevator to
recover money paid to an elevator association
held not to prevent the owners from recovering
damages against the association and railroad
companies, because of the companies discrim-
inating in favor of the association.-Kellogg v.
Sowerby (Sup.) 412.

Owners of a grain elevator held entitled to
recover damages against railroad companies
and an elevator association, because of the
companies discriminating in favor of the asso-
ciation. Kellogg v. Sowerby (Sup.) 412.

§ 2. Carriage of goods.

Shipper cannot recover increase of freight
rates voluntarily paid, though carrier failed to
give notice of increase required by Interstate
Commerce Act Feb. 4, 1887, c. 104, § 6, 24 Stat.
380 [U. S. Comp. St. 1901, p. 3157)-Strough
v. New York Cent. & H. R. K. Co. (Sup.) 30.

In an action by a shipper to recover freight
charges from a carrier, the court properly refus-
ed to submit to jury the issue of reasonableness
of increased rates.-Strough v. New York Cent.
& H. R. R. Co. (Sup.) 30.

Whether a carrier unreasonably neglected to
provide a sufficient number of cars to forward
plaintiff's freight was a question for the jug.
-Strough v. New York Cent. & H. R. R. Co.
(Sup.) 30.

In an action against connecting carriers for
damage to goods, evidence held sufficient to jus
tify a finding of negligence on the part of the
final carrier-Thyll v. New York & L. B. R.
Co. (Sup.) 345.

In an action against connecting carrier for
damage to goods, evidence, with complaint, he
to absolve initial carrier from liability.-Thyll v.
New York & L. B. R. Co. (Sup.) 345.

Contract of carriage, limiting liability in cer-
tain cases, held not to relieve carrier from labil
ity for negligence, but to impose on owner of
goods the burden of proof.-Thyll v. New York
& L. B. R. Co. (Sup.) 345.

Where a carrier, though having the con-
signee's goods in its possession at the point of
delivery, refuses to deliver on demand, it re-
ders itself liable for any damage which the
goods might thereafter sustain.-Thyll v. New
York & L. B. R. Co. (Sup.) 345.

That freight was destroyed by fire while in
the freight house of a railroad company does
not of itself justify an inference of negligence
on the part of the company.-Van Akin v. Erie
R. Co. (Sup.) 871.

Exemption in bill of lading from liability for
loss by fire held to prevent recovery for destrue-
tion in freight house of railroad.-Van Aki
v. Erie R. Co. (Sup.) 871.

3. Carriage of passengers.

Street car passenger, refusing to pay fare.
held to have no cause of action against company
for forcible ejection.-Hoelljes v. Interurban
St. Ry. Co. (Sup.) 133.

An elevated railroad company held liable for
injury to a passenger by the overcrowding of a
car.-Viemeister v. Brooklyn Heights R. Co.
(Sup.) 162.

tain cars before increased freight rate went in-
to effect, held not to relieve him from such in-
crease. Strough v. New York Cent. & H. R.
R. Co. (Sup.) 30.

A discrimination excepting a shipper from a
general increase of freight tariff is against pub-
lic policy-Strough v. New York Cent. & H. R.
R. Co. (Sup.) 30.

Carrier owes duty to use reasonable diligence
to furnish sufficient cars, but not to discrim-
inate in favor of any shipper, when demands
are unusual.-Strough v. New York Cent. & H.
R. R. Co. (Sup.) 30.

Hay not being perishable merchandise, a car-
rier is not called upon to put forth unusual ef-
forts to remove the same, when delivered to it

A street car conductor held bound to take no-
tice of the distance between the car and pillars
in the street, and the size of a passenger stand-
ing on the car's running board.-Canavan v. In
terurban St. Ry. Co. (Sup.) 491.

anticipate that a passenger, standing on the
A street railroad company held not bound to
running board of an open car, will swing back,
so as to come in contact with a pillar in the
street.-Canavan v. Interurban St. Ry. Co.
(Sup.) 491.

Contributory negligence of passenger and neg-
ligence of defendant, in action against street
railroad for personal injuries. held, under the
evidence, to be questions for the jury.-Michel-
sou v. Metropolitan St. Ry. Co. (Sup.) 501.