DUTIES, 1.
INJUNCTION, 2.
INTERNAL REVENUE, 2, 3.
1. Where the amount involved in an Admiralty suit is not sufficient to permit a review by the Supreme Court of the judgment of the Circuit Court, a general finding of facts and law by the latter Court is sufficient, under the Act of February 16th, 1875, (18 U. S. Stat. at Large, 315, § 1.) `1,265 Vitrified Pipes, &c., 274 2. In a suit in rem against. a vessel, brought in the District Court, the vessel was discharged from custody, in that Court, on a stipulation for value. On appeal, a decree was ren- dered by the Circuit Court for the libellant, with a direction that the
Where a libellant, in Admiralty, in a cause of collision, has a decree in the District Court, for a specified amount, with costs, and, on appeal, this Court decrees for the libellant, the proper decree in this Court is not a decree for the amount awarded be- low, including the costs there, with interest from the date of the decree below, nor is interest to be added to the amount reported by the Commis- sioner below, from the date of his report, but the decree is to be for amount of the loss at the time of the loss, with interest from the time of the loss, and for the costs in the District Court, without interest on such costs. Deems v. The Albany & Canal Line, 474
See BILL OF LADING, 1. COLLISION. DAMAGES. FEES. INTEREST. LIEN.
two stipulators for value pay into 1. It is too late to object to an appeal
2. The filing in this Court, under Gen- eral Order No. 26 in Bankruptcy, by a creditor in bankruptcy, of an ap- peal from a decision rejecting his claim, and of a statement of his claim, within ten days after giving notice of his intention to enter his appeal, are not jurisdictional requisites, and, if the requirements of § 4981 of the Revised Statutes in regard to the notice and bond on such appeal are complied with, this Court has power to relieve the creditor from any con- sequences of not filing such an appeal and statement within such ten days. Fellows v. Burnap,
See INTERNAL REVENUE, 2, 3.
See BANKRUPTCY, 21 to 23. COLLISION, 7.
granted by the District Court, June 22d, 1875. A creditor who had op- posed the discharge instituted, on the 15th of November following, pro- ceedings of review. His interest was $6,000 out of $300,000 of debts. On the faith of the discharge, the bank- rupt, aided by friends, had resumed his former business, and had entered into contracts with a foreign govern- ment to transport mails: Held, that, as the delay was unreasonable, and had operated to the prejudice of the bankrupt, the petition of review must be dismissed. In re Murray,
Under General Order No. 30, of the General Orders in Bankruptcy, adopt- ed by the Supreme Court, April 12th, 1875, no fees can be allowed to a register, except such as are provided for by General Order No. 30, even for services rendered before such General Order was adopted. In re Carstens, 117
3. Under § 5108 of the Revised Stat- utes, as amended by the Act of July 26th, 1876, (19 U. S. Stat. at Large, 102,) which limits the time within which a bankrupt may apply for a discharge from his debts, to a time "before the final disposition of the cause," it is too late for him to ap- ply for a discharge after his assignee has, under § 5096, been discharged from all liability, as assignee, to any creditor. In re Brightman,
4. The words, "the final disposition of the cause," mean the final disposition of the administration of the estate.
On the 19th of July, 1876, B. made, in New York, a valid voluntary as- signment of all his property for the benefit of all his creditors, without preferences. The assignee accepted the trust and qualified. Afterwards a creditor recovered a judgment against B. in an adverse suit, on a debt existing before the assignment, and, under an execution thereon, the property covered by the assignment was levied on and taken possession of by the sheriff. Afterwards, and on the 11th of September, 1876, a petition in involuntary bankruptcy
was filed against B. by creditors, other than the judgment creditor, and he was adjudged a bankrupt, and an assignee in bankruptcy was appointed. By agreement, the prop- erty was sold by the sheriff, and he held the proceeds subject to the order of the District Court in bankruptcy. That Court decided that the assignee in bankruptcy was entitled to such proceeds, to the exclusion of the exe- cution creditor: Held, on review, that such decision was correct. In re Beisenthal, 146
6. The assignment was void, under the bankruptcy statute, as against the as- signee in bankruptcy. id.
7. Where an assignment is void as to creditors, by reason of its being made to hinder, delay or defraud them, it does not in law oppose an obstacle to the enforcement of their legal rights. id.
8. But, where such an assignment is valid as to the debtor and as to cred- itors, and is avoided by the assignee in bankruptcy, only as having been made in contravention of the bank- ruptcy statute, no right of any judg- ment and execution creditor, inter- vening between the time of such as- signment and the time of the filing of the petition in bankruptcy, can pre- vail over the superior right of the as- signee in bankruptcy to the proceeds of the assigned property. id.
9. A general assignment for the benefit of creditors, without preferences, is an act of bankruptcy. In re Frisbee,
10. Under § 5021 of the Revised Stat- utes, as amended by § 12 of the Act of June 22d, 1874, (18 U. S. Stat, at Large, 180,) the limiting by the bankruptcy Court of the time to be allowed for the requisite number and amount of creditors to join in a peti- tion in involuntary bankruptcy, and the peremptory provision for the dis- missal of the petition, are consequent on the judicial ascertainment by the Court that the requisite number and amount of creditors have not peti- tioned, and such ascertainment is to
be made on reasonable notice to the creditors, and, until such ascertain ment has taken place, further credit- ors may at any time unite in the proceedings. id.
Section 5106 of the Revised Stat- utes, which enacts that no creditor whose debt is provable shall be al- lowed to prosecute to final judgment any suit therefor against the bank- rupt, until the question of his dis charge shall. have been determined, applies to all provable debts, as well to those which, under § 5117, would not be discharged, as to others. re Schwartz,
13. The District Court, on the petition of the assignee of a bankrupt, pray. ing that the bankrupt might be or- dered to pay over certain moneys al- leged to be in his hands, and might be punished for contempt if he did not obey such order, took proofs on the question. The bankrupt testified that the money was, all of it, ex- pended before the petition for an ad- judication of bankruptcy was filed, and gave an account of the way in which it was expended. The Dis- trict Court made an order denying the prayer of the petition. On re- view: Held, that the application to this Court, on review, to reverse said order, must be denied. In re Mooney,
17. A creditor of a bankrupt, after the adjudication in bankruptcy, brought a suit in a State Court for the fore- closure of a mortgage made to him by the bankrupt, and made the as- signee in bankruptcy a party defend- ant to the suit, without obtaining the permission or direction of the bank- ruptcy Court to bring such suit: Held, that the State Court had au- thority to entertain the suit; that its prosecution was not a contempt of the authority of the bankruptcy Court; and that the proceedings in it were not void. In re Moller, 207
18. Held, also, that the bankruptcy Court had power to allow the cred- itor to prove a debt for the deficiency arising on the sale under the decree in the foreclosure suit, although no preliminary permission had been ob- tained from it to institute the suit.
livered to the sheriff, who at the time had in his possession the goods of H., by virtue of an attachment is sued in a suit against H. by W. Afterwards, H. filed a petition in bankruptcy and was adjudged a bankrupt, and J. was appointed his assignee. Independently of the at- tachment, the sheriff took no posses- sion of the goods of H. until after the petition in bankruptcy was filed. C. applied to the District Court to be paid the amount of his judgment in full, but his application was denied: Held, on review, that C. was entitled to be paid his claim in full. In re Hull,
The property being in the posses- sion of the sheriff under the attach- ment, the lien of the execution at- tached to it, and remained, although the operation of the bankruptcy pro- ceedings was to vacate the attach- ment.
23. The case of In re Beisenthal, (ante, p. 146,) distinguished. id.
H.. who was a debtor to a bankrupt at the time of the commencement of the proceedings in bankruptcy, there- after and before the adjudication of bankruptcy paid the debt to the bankrupt, without any actual notice or knowledge of the pendency of the bankruptcy proceedings, and in the usual course of business, but the money thus paid did not come to the hands of the assignee in bankruptcy. The assignee brought suit against H. to recover the debt: Held, that the suit could be maintained. Howard v. Crompton,
25. L. executed a mortgage to A., his
brother, in Vermont, to secure a pre- existing debt, more than two months before a petition in bankruptcy was filed against L. The mortgage was not recorded until within two months before such petition was filed: Held, that the mortgage was not fully made, under the laws of Vermont, as against the assignee in bankruptcy of L., until it was recorded. Bost- wick v. Foster, 436
1. Casks of wine were shipped to New York, on a vessel, under a bill of lad- ing which stated that the casks were in good order and well conditioned, and said, also: "Weight and contents unknown; not liable for average leak- age or breakage." The casks, with- out reference to their contents, were delivered from the vessel at New York, and placed in the custody of officers of the customs. There was some leakage during the voyage. Some of the casks were empty on their arrival, and others were par- tially so. The casks were of an in- ferior quality, and were in poor con- dition, on their arrival, arising from their quality and the usual perils of navigation. The master of the vessel libelled the casks of wine in rem, in Admiralty, for the freight money, and sued the claimants therefor, in the same suit: Held,
(1.) The vessel was not liable for leakage and breakage not arising from her own negligence.
(2.) Proof of the inferior quality of the casks threw on the claimants the burden of showing that the injury to the casks was caused by the negli- gence of the vessel.
(3.) The burden was on the claim- ants, of proving that the leakage was greater than the average in such casks.
1. A bond to the United States, signed and sealed by W., G., C. and M., and acknowledged by each as his act, re- cited that W. and G., composing the firm of A. & Sons, as principal, and C. and M., as sureties, were held, &c., jointly and severally, to the United States, in the sum of $9,000, and was conditioned that the firm of A. & Sons should pay all taxes assessed upon tobacco manufactured by the firm. W. and C. died, and H. was appointed administratrix of W. The United States then brought suit on the bond against H., as administratrix of W., and G. and M., claiming a judgment for $9,000. On demurrer to the complaint, by H.: Held,
(1.) That, as the complaint set forth a several obligation by the obli- gors, it was good, because, by the law of New York, a several liability could be enforced, in one suit, against all the defendants;
(2.) That this was so, although H. was sued as administratrix, and the others as individuals;
(3.) That the bond was not the ob- ligation of the firm, and that, there- fore, it was not necessary to exhaust all remedies against G., as surviving partner of the firm, before suing on the bond. United States v. Lawrence, 229
See INTERNAL REVENUE, 3. JUDGMENT.
LIMITATION OF ACTION. TOWN BONDS.
1. Goods, in the course of transporta- tion from West Springfield, Massa- chusetts, to Cleveland, Ohio, were destroyed by fire in the depot of the Western Railroad Corporation, at
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