Remedies of Trustee in General.

not lost by a subsequent adjudication on a volun- | (B) Assignment, and Title, Rights,
tary petition, but their rights to set aside a
preferential transfer should be preserved by the
order.-International Silver Co. v. New York
Jewelry Co., 619.

(C) Involuntary Proceedings.

and

140(2) (U.S.C.C.A.) Where bankrupt procured goods through fraud, and before adjudication in a replevin suit against the bankrupt the bankruptcy petition was filed, held, that the question of title to the goods passed to the bankruptcy court.-Petition of Friedlaender, 76(1) (U.S.C.C.A.) Where there were more 256. than 12 creditors, and only one filed an involun-140 (3) (U.S.C.C.A.) A contract under which tary petition, creditors who acquired their claims merchandise was furnished to a bankrupt held, after the filing of the petition cannot, under Bankr. Act, $$ 59b, 59d, intervene as petition-signment.-Miller Rubber Co. v. Citizens' Trust as to his creditors, one of sale, and not of coning creditors.-In re Kehoe, 351. & Savings Bank, 374.

84 (U.S.C.C.A.) After adjudication in bank-140(3) (U.S.C.C.A.) Where there was not ruptcy on a voluntary petition and passage of sufficient stock in the box of bankrupt stockmore than four months after a preferential brokers or hypothecated to cover all long custransfer, held, that bankruptcy court has jurisdiction to allow amendment to prior involuntary tomers, such customers have no rights to specific petition alleging such transfer.-International stock, though other long customers demanded Silver Co. v. New York Jewelry Co., 619. no specific stock. In re Pierson, 405. That an application to amend an involuntary 140(3) (U.S.C.C.A.) Where defendant competition in bankruptcy was not in writing does missioned a dealer in paintings to purchase them not deprive the court of jurisdiction, where no- for him and to resell them on commission, the tice was waived by the express written consent dealer's bankruptcy, possession of the paintings of the bankrupt to the amendment.-Id. being delivered to the dealer, revoked the agency. McKey v. Clark, 602.

Though amendment to involuntary petition in bankruptcy was not verified as required by General Order in Bankruptcy No. 11 (18 Sup. Ct. v), held within court's power to allow subsequent verification.-Id.

A dealer in paintings, who purchased for defendant, held mere conduit of title, so that no title remained in the dealer, who was to sell on commission which would pass to the dealer's trustee in bankruptcy.-Id.

Where involuntary petition in bankruptcy, filed within four months after preferential trans-140(3) (U.S.C.C.A.) That one who loaned fer, was insufficient, held, despite subsequent adjudication on voluntary petition filed more than securities to brokers proved his claim for the four months after transfer, creditors were enti- value of such securities does not prevent him tled to amend involuntary petition so as to pre-selves provided he reserved the right to do so. from reclaiming the actual securities themserve their rights.-Id. -Robinson v. Roe, 610.

AND DISTRIBUTION OF BANK-
RUPT'S ESTATE.

143(1) (U.S.C.C.A.) Any interest of a bankIII. ASSIGNMENT, ADMINISTRATION, rupt in property or a fund which he could by any means have transferred passes to his trustee, although it may not have been subject to seizure on execution against him. (Per Trieber, (A) Appointment, Qualification, and Ten- District Judge.)-Pollack v. Meyer Bros. Drug Co., 535.

ure of Trustee.

120 (U.S.C.C.A.) In view of the duties 143(10) (U.S.C.C.A.) Interest of a bankrupt which might fall on the trustee under the Bank-in a trust fund held a vested remainder, and ruptcy Act and the General Orders, held, that a passed to his trustee.-Pollack v. Meyer Bros. trust company, which was trustee of mortgages Drug Co., 535. belonging to the bankrupt, etc., should not be appointed trustee.-Wilson v. Continental Build-152 (U.S.C.C.A.) Bankr. Act, § 47a, as ing & Loan Ass'n, 18. amended, giving trustees rights of creditors holding a lien, is not retroactive, and the right of trustee dates only from the filing of petition in bankruptcy, and does not extend to transfers recorded within four months prior to petition, though applicable to transfers thereafter.-Bunch v. Maloney, 641.

123 (U.S.C.C.A.) Shareholders in a building association, entitled at any time to withdraw and demand payment of the book value of their stock, are, upon the bankruptcy of the association, creditors entitled to vote for trustee.Merchants' National Bank of San Francisco v. Continental Building & Loan Ass'n, 22.

Shareholders in a bankrupt building association are creditors entitled to vote for trustee though a reference to the books is necessary to ascertain the amounts of their claims.-Id.

(C) Preferences and Transfers by Bank-
rupt, and Attachments and
Other Liens.

159 (U.S.C.C.A.) Section 1825(4)a of the Porto Rico Code, relating to acknowledgment of 126 (U.S.C.C.A.) The discretionary power notes by notarial seal, if resorted to by a credof a referee to approve or disapprove the selec-itor and an insolvent debtor within four months tion of a trustee given by General Order 13 of his bankruptcy, to defeat the Bankrupt(89 Fed. vii, 32 C. C. A. xvii) cannot be ex-cy Act, cannot be recognized as establishing a ercised arbitrarily.-Wilson V. Continental priority in such creditor's favor.-In re Vidal, Building & Loan Ass'n, 18.

499.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER
147 C.C.A.-43

turn

165(1)(U.S.C.C.A.) Brokers' failure to re-tire claim might be proven against both, and on demand securities delivered to them the fact that security not applied to the debt held not a conversion, time being extended, and had been given by one bankrupt will not diminso their subsequent return was not a prefer- ish the claim against the other.-In re New ence.- -Robinson v. Roe, 610. York Commercial Co., 580.

165(2) (U.S.C.C.A.) Return by brokers of securities which they had with consent of owner hypothecated held not to constitute preference, voidable by trustee in bankruptcy; the owner retaining title.-Robinson v. Roe, 610.

166 (4) (U.S.C.C.A.) Extension of credit to a bankrupt for the price of stocks which were sold to it for cash held to constitute the seller a general creditor, and to render a mortgage given to secure the price a voidable preference. -Security Trust & Sav. Bank v. Wm. R. Staats Co., 400.

184(2) (U.S.C.C.A.) Under Bankr. Act, 60b, and in view of amendments and of section 47a, a chattel mortgage given by a bankrupt more than four months before the filing of petition is, where not recorded until a few days of filing, voidable by trustee as a preference, being a conveyance required to be recorded by Kirby's Dig. Ark. § 5396, regardless of the construction of law by state courts.-Bunch v. Maloney, 641.

186(1) (U.S.C.C.A.) An assignee of a chattel mortgage, which constituted a preference against other creditors of the mortgagor, who became a bankrupt, is liable for value of mortgaged property, possession of which he obtained by foreclosure.-Feilbach Co. v. Russell, 348.

(D) Administration of Estate. 231 (U.S.C.C.A.) Under Bankr. Act, $§ 56b, 57e, a secured creditor cannot, after selection of a trustee, participate in creditors' meetings, except in so far as the security does not cover his entire claim.-Merchants' National Bank of San Francisco v. Continental Building & Loan Ass'n, 22.

311(1) (U.S.C.C.A.) Under Bankr. Act. § 57, creditor who received preference may, after it is set aside, prove his claim, though he resisted such suit.-In re Louis J. Bergdoll Motor Co., 346.

325 (U.S.C.C.A.) Where claimant made advances to the bankrupt to enable her to buy a motor car, and the bankrupt, being unable to repay the advances, delivered the car to claimant, the amount received by claimant from the sale of the car should be credited on the claim.In re Wray, 354.

327(1) (U.S.C.C.A.) Allowance to receiver appointed by state court held not improper, as denying priority of county's claim for taxes, which had not been filed.-Paine v. Archer, 265.

328 (U.S.C.C.A.) Under Bankr. Act, § 57n, a creditor may, after payment by bankrupt has been adjudicated a preference, present his claim within 60 days, though judgment was rendered more than a year after adjudication.-In re Louis J. Bergdoll Motor Co., 346.

339 (U.S.C.C.A.) A creditor, having reserved the right to file an amended claim, held not estopped from so doing, although the original claim recited that security was held and tended to show that it had been applied to a reduction of the debt.-In re New York Commercial Co., 580.

340 (U.S.C.C.A.) Evidence in a contest of a claim against the estate of a bankrupt by one with whom the bankrupt prior to her marriage had maintained illicit relations held to warrant a finding that advances after her marriage were not tainted with the illegality of the consideration.-In re Wray, 354.

340 (U.S.C.C.A.) Evidence held insufficient to show that before the bankruptcy of a corporation security furnished by a second corporation was applied to the debt of the bankrupt, and therefore the claim was not diminished by application of such security. In re New York Commercial Co., 580.

(E) Actions by or Against Trustee. 303(3) (U.S.C.C.A.) Where a bankrupt corporation, whose directors interlocked with a second company, which sold bonds, received the proceeds, evidence showing that the bankrupt corporation had with authority lent the pro-3422 (U.S.C.C.A.) Where, after disallowceeds to another corporation, which was ac- ing a claim, but before perfecting findings, the cepted as the debtor, must be clear and con- referee in bankruptcy died, it is proper for the vincing, to free the bankrupt from liability. District Court to direct the whole matter to be In re Hunter Arms Co., 149. certified to him, so that it can be tried de novo.In re Wray, 354.

303(3) (U.S.C.C.A.) In a suit to set aside a chattel mortgage as a preference, evidence347 (U.S.C.C.A.) Claim for compensation by held to warrant a finding that the creditor took receiver appointed by state court to conserve the mortgage knowing that it would effect a bankrupt's assets before bankruptcy is entitled preference.-Feilbach Co. v. Russell, 348. to priority.-Paine v. Archer, 265.

305 (U.S.C.C.A.) Where trustee in bankruptcy collected sums due on installment con- 348 (U.S.C.C.A.) Claimant held not a latracts assigned by bankrupt, held, that court borer, within Rem. & Bal. Code Wash. $$ should not order trustee to pay same to assign- 1149, 1150, and 1153, and hence, on bankruptees, but should either determine rights of par- cy of company for which he worked, he was ties or have trustee resort to plenary suit in not entitled to priority for salary claim.-Winsome court of competent jurisdiction for that termote v. MacLafferty, 165. purpose. In re Barker Piano Co., 408.

350 (U.S.C.C.A.) In view of Bankr. Act, § 1, cl. 24, held that, under section 64b (5), one entitled to priority by laws of Porto Rico is entitled to priority under the act.-In re Vidal, 499.

Under Civ. Code Porto Rico, § 1825(4)a,

446 (U.S.C.C.A.) That petitioner was denied
the right to vote for trustee is harmless error,
where petitioner's claim was so small that, had
the right not been denied, the selection of the
trustee could not have been affected.-Mer-
chants' National Bank of San Francisco v.
Continental Building & Loan Ass'n, 22.

446 (U.S.C.C.A.) An order made in a com-
mon-law action wherein the bankrupt was a de-
fendant cannot, after bankruptcy, be reviewed
on petition to revise orders in bankruptcy.—In
re Vanoscope Co., 123.

350 (U.S.C.C.A.) Civ. Code Porto Rico, §
1824, subd. 6, which is part of an extensive
scheme for distributing insolvent estates, does
not entitle creditor, because of an agricultural 446 (U.S.C.C.A.) On petition to revise, as a
loan, to priority, being opposed to Bankr. Act,
§ 64b.-Gandia & Stubbe v. Cadierno, 505.

matter of law, an order of the District Court
in bankruptcy, a finding of the District Court
cannot be reviewed, where the evidence was
not preserved.-In re Vidal, 499.

(B) Appeal.

363 (U.S.C.C.A.) That, after adjudication
in bankruptcy on a voluntary petition, creditors
who filed an involuntary petition filed their
claims with the referee, does not deprive them
of their right to attack a preferential transfer.-467 (U.S.C.C.A.) In a suit by a trustee in
International Silver Co. v. New York Jewelry
Co., 619.

bankruptcy to avoid a chattel mortgage given
by the bankrupt, where record showed no lien
creditors aside from chattel mortgagee, it must
be presumed that all other creditors were gen-
eral creditors of bankrupt.-Bunch v. Maloney,
641.
VII. COSTS AND FEES.

V. RIGHTS, REMEDIES, AND DIS-
CHARGE OF BANKRUPT.
395(1) (U.S.C.C.A.) One who purchased at
foreclosure of a chattel mortgage, which was a
preference, cannot diminish recovery by the 479 (U.S.C.C.A.) On appeal from an order
mortgagor's trustee in bankruptcy by asserting of the District Court, the trustee in bankruptcy,
exemptions which might have been asserted by who did not appear when the case was called,
the bankrupt.-Feilbach Co. v. Russell, 348.
and filed no brief, was not entitled to costs.-
~417(4) (U.S.C.C.A.) A court of bankruptcy Gandia & Stubbe v. Cadierno, 505.
is an equity court, and subject to new equity
rule 29 (198 Fed. xxvi), abolishing demurrers
in equity suits. (Per Smith, Circuit Judge.)—
Pollack v. Meyer Bros. Drug Co., 535.

On the hearing of a petition to reopen a bank-
rupt estate, the referee may properly take judi-
cial notice of facts appearing in his own records
of the original case. (Per Smith, Circuit
Judge.)-Id.

BANKS AND BANKING.

See Criminal Law, 390; Internal Revenue;
Trusts, 358, 372.

IV. NATIONAL BANKS.
256(3) (U.S.C.C.A.) Under Rev. St. § 5209
(Comp. St. 1913, § 9772), the intent of accused

VI. APPEAL AND REVISION OF PRO- to injure, defraud, or deceive by the abstraction

CEEDINGS.

(A) Superintendence and Revision.
440 (U.S.C.C.A.) Under Bankr. Act,
24a, 24b, and 25, an order denying a motion to
vacate an adjudication in bankruptcy should
be reviewed by petition to revise. In re Van-
oscope Co., 123.

of credits from a national banking association
is an essential to the offense.-Cummins v. Unit-
ed States, 38.
$8257(4) (U.S.C.C.A.) Despite the presumption
that a person intends the consequence of his
acts, the question whether accused, who par-
ticipated in the abstraction of credits from a
national bank, intended to injure or defraud the
bank, so as to come within Rev. St. § 5209
(Comp. St. 1913, § 9772), is one for the jury.-
Cummins v. United States, 38.

440 (U.S.C.C.A.) A petition to revise is the
proper means of procuring review of an order
of the District Court in an omnibus proceeding
by creditors to reclaim property in the hands
of the trustee.-In re Pierson, 405.

444 (U.S.C.C.A.) A petition to revise an
order of the District Court sitting in bank-
ruptcy, not filed within the ten days prescribed
by rule 38 (150 Fed. liv, 79 C. C. A. liv), will
be dismissed. In re Vanoscope Co., 123.

446 (U.S.C.C.A.) A finding of fact by ref-
eree in bankruptcy, approved by the District
Court, will be upheld, if supported by any evi-
dence.-Wilson v. Continental Building & Loan
Ass'n, 18.

As the approval or disapproval of a trustee
in bankruptcy is discretionary with the referee,
the exercise of his discretion will not be re-
viewed.-Id.

au-

262 (U.S.C.C.A.) Where a depositor
thorized the president of a bank to act for him
in making payments on notes, the fact that the
depositor was only an accommodation maker of
the notes is immaterial on the question of the
president's agency.-Stallo v. Wagner, 315.

The president of a national bank, who received
bonds by depositor and checks for the proceeds,
held the agent of the depositor, and not the
bank, so that the bank was not liable for mis-
application.-Id.

287(4) (U.S.C.C.A.) Where a depositor, sev-
eral years after he had received his statements
and signed receipts, attacked the balances, claim-
ing that large sums had been diverted from his
account, there could be no recovery against a

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER

receiver of the bank, unless fraud was shown.- | standing timber, where he secured one, relying Stallo v. Wagner, 315.

Where a depositor, several years after receiving his statements, alleged that large sums had been diverted from his account, evidence held insufficient to establish any fraud on the part of the bank, warranting recovery against a receiver of the bank.-Id.

Where depositor and president of bank were closely allied in business transactions, and president made deposits and in many respects controlled the depositor's account, the depositor, in an action against the receiver of the bank, has burden of proving that president was agent of bank, and not his agent, in misapplying funds.

-Ia.

BAR.

See Judgment, ~570.

BEST AND SECONDARY EVIDENCE.
See Criminal Law, 402.

BILL OF EXCEPTIONS.

See Appeal and Error, 544; Exceptions,
Bill of.

BILLS AND NOTES.

See Banks and Banking, 262; Injunction, 41; Principal and Surety, 97; Sales,

Omm 52.

BONDS.

See Appeal and Error, 395; Insurance,
508% Municipal Corporations, ~~950;
Principal and Surety; United States, 67.
BROKERS.

See Principal and Surety, 15.

II. EMPLOYMENT AND AUTHORITY. 8(3) (U.S.C.C.A.) Evidence held to show customer of brokers, retaining title himself, authorized them to hypothecate for requirements of their own business securities deposited with them, and also delivered securities for them to hypothecate to raise funds to carry them over a period of financial distress.-Robinson v. Roe, 610.

on vendor's representations as to amount, but purchaser refused to pay price fixed because of shortage.-Freeman v. Kinston Mfg. Co., 128. 71 (U.S.C.C.A.) Where a broker procured a purchaser for standing timber, who refused to buy at fixed price, and broker consented to reduction of commissions, he can recover for value of his services up to the amount last agreed upon.-Freeman v. Kinston Mfg. Co., 128.

V. ACTIONS FOR COMPENSATION.

86(7) (U.S.C.C.A.) In broker's action for compensation for procuring purchaser for standing timber, evidence held to show he relied on vendor's representations as to amount of timber, and was not responsible because purchaser refused to pay agreed price; shortage being discovered.-Freeman v. Kinston Mfg. Co., 128.

BUILDING AND LOAN ASSOCIA-
TIONS.

See Bankruptcy, 123.

See Shipping.

CARGO.

CARRIERS.

See Appeal and Error, 221; Larceny.
I. CONTROL AND REGULATION OF
COMMON CARRIERS.

(B) Interstate and International Trans-
portation.

38 (U.S.C.C.A.) Purpose and effect of Criminal Code, §§ 232-236, prohibiting the carriage of explosives on passenger vehicles in interstate commerce, considered.-Horn v. Mitchell, 13.

That one charged with carrying explosives on an interstate passenger train, in violation of Criminal Code, § 235, was a foreign army officer, and intended to use the explosives in an alleged act of war in enemy territory, held no defense.-Id.

III. CARRIAGE OF LIVE STOCK.

210 (U.S.C.C.A.) The Twenty-Eight Hour Law relating to the transportation of cattle will not justify the unloading in hot and dusty pens, unprotected from the sun.-Southern Pac. Co. v. Stewart, 630.

brokers, commissioned to purchase stock for a 218(7) (U.S.C.C.A.) Though a shipping concustomer, never made the purchase, they are tract fixed the maximum recovery for injuries guilty of a conversion of the customer's money, to cattle at $30 per head, recovery for injuries and are liable for the full sum paid for the to the animals may be had, though after the instock, instead of the value of the stock on the juries their value exceeded $30.-Southern Pac. last day the Stock Exchange was open before Co. v. Stewart, 630. the failure. In re Pierson, 405.

218(10) (U.S.C.C.A.) Where a carrier was entirely familiar with the injuries to plaintiff's cattle, held, that plaintiff's failure to give notice of injury within 10 days after arrival at destination, as required by contract, would not preclude recovery.-Southern Pac. Co. v. Stewart, 630.

IV. COMPENSATION AND LIEN. 50 (U.S.C.C.A.) Where a sale was subsequently consummated after expiration of an option given purchaser procured by broker, held that, delay having been caused by the shortage of timber, broker will not be denied compensa-228(3) (U.S.C.C.A.) In an action for negtion.-Freeman v. Kinston Mfg. Co., 128. ligently unloading cattle for rest in pens which were dusty and unprotected from the sun, evidence that the pens were similar to pens on oth

62 (U.S.C.C.A.) A broker will not be denied commissions for procuring a purchaser for

er portions of the carrier's line is inadmissible.
-Southern Pac. Co. v. Stewart, 630.

CITIES.

~230(4) (U.S.C.C.A.) Where a shipper claim- See Municipal Corporations.
ed that cattle were injured because unloaded
for rest, etc., in hot, dusty pens, unprotected

CITIZENS.

from the sun, held, that the court could not as See Aliens; Indians.
a matter of law decide that they were injured
by changes of climate.-Southern Pac. Co. v.
Stewart, 630.

IV. CARRIAGE OF PASSENGERS.
(D) Personal Injuries.

320(15) (U.S.C.C.A.) The question of negli-
gence held for the jury.-New York, N. H. & H.
Ry. Co. v. Kilby, 258.

(E) Contributory Negligence of Person
Injured.

347(7) (U.S.C.C.A.) In an action for injury
to a passenger while standing temporarily on
the vestibuled platform between two cars, the
question of contributory negligence held for the
jury.-New York, N. H. & H. Ry. Co. v. Kilby,
258.

There is no rule which makes it negligence as
matter of law for a passenger to pass over or
stand upon vestibuled platforms connecting pas-
senger cars.—Id.

CERTAINTY.

See Habeas Corpus, 30.

CERTIFICATE.

See Exceptions, Bill of.

CHANCERY.

See Equity; United States, ~70, 126.

CHARGE.

CLAIMS.

See Bankruptcy, 308, 311; Patents,
168-176.

CLERKS OF COURTS.

61 (U.S.C.C.A.) Under Naturalization Act,
§ 13, and Rev. St. § 2687 (Comp. St. 1913, §
5394), held, that the clerk of the Circuit Court,
during the last half year, which the office existed,
could not retain more than $1,500 of fees re-
ceived in naturalization cases, though one-half
of the fees exceeded that sum.-Robb v. United
States, 411.

See Taxation.

COLLECTION.

COLLISION.

IX. FOG OR THICK WEATHER.

82(3) (U.S.C.C.A.) A schooner sailing be-
fore the wind at a speed of from 6 to 7 knots
an hour in a thick fog, and where passing ves-
sels were frequent, held in fault for a collision
with a tug having a tow, on the ground of ex-
cessive speed. The Oceania Vance, 147.

Article 16, of the International Navigation
Rules, requiring every vessel to go at moderate
speed in a fog, applies equally to sailing and
steam vessels.-Id.

X. NARROW CHANNELS, HARBORS,
RIVERS, AND CANALS.

95(2) (U.S.C.C.A.) A tug, with a tow along-

To jury, see Criminal Law, 753-830; Trial, side, held solely in fault for a collision between

219-298.

CHARTER PARTIES.

See Maritime Liens, 24.

CHATTEL MORTGAGES.

See Bankruptcy, 303, 395, 467.

See Infants.

CHILDREN.

CHINESE.

See Habeas Corpus, 30.

CHINESE EXCLUSION ACTS.

See Aliens, 21-28.

CIRCUIT COURTS OF APPEALS.
See Courts, 405, 406.

See Process.

CITATION.

such tow and a meeting tug, because of a sudden
change of course.-The John J. Timmins, 514.

95(4) (U.S.C.C.A.) A collision between a
car float in tow alongside of a tug coming out
from a slip and a steam lighter going in held
due solely to the fault of the towing tug for
violation of a passing agreement.-The Bridge-
ton, 516.

COLOR OF TITLE.

See Adverse Possession.

COMMERCE.

See Carriers; Shipping.

I. POWER TO REGULATE IN GEN-
ERAL.

8 (U.S.C.C.A.) Recovery by railroad em-
ployé, injured while engaged in interstate com-
merce, for negligence of company, held governed
by federal Employers' Liability Act, and not
Michigan Workmen's Compensation Act, de-
spite provisions of point 6, § 4, authorizing its
application to employés engaged in intra and
interstate commerce, where their duties can be

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER