time of such marriage, a naturalized citizen of the United States, becomes, by
such marriage, ipso facto, herself a citizen of the United States, and capable
of inheriting real estate, although she resided in a foreign country at the time
of her said marriage, and has continued her actual residence there ever since.
Kane v. McCarthy, 482.
5. And any alien woman answering the above description, and married
before the approval of the said act, to an alien husband, who has been subse-
quently naturalized, becomes by his naturalization, ipso facto, herself a citizen
of the United States, and capable of inheriting real estate.
6. It is the status of being married to-being the wife of a citizen, which
makes the alien woman a citizen of the United States. Id.
To a writ which changes the names of the parties to the action, not allowa-
ble. Lewis v. Locke, 501.
1. An Act of Congress referring a claim to an officer of one of the executive
departments to examine and adjust, is not such an arbitrament and award in
the technical sense, as to bind the parties like a submission. Gordon v. United
States, 244.
2. Hence a subsequent act repealing the one making the reference, impairs
no right and is valid. Id.
3. A mere submission to arbitration will not be necessarily a discontinuance
of a pending suit. Lary v. Goodeno, 568.
ARMY. See MILITARY SERVICE.
ASSIGNMENT. See DEBTOR and Creditor, 7.
The delivery of a promissory note payable to bearer is an assignment of it.
Cox's Executors v. Matthews, 510.
ASSIGNMENT FOR BENEFIT OF CREDITORS. See BANKRUPTCY, 11-
14.
ASSUMPSIT. See LANDLORD AND TENANT, 5.
1. Lies to recover plaintiff's share, on an agreement between plaintiff and
defendant to sell real estate and divide profits. Bruce v. Hastings, 506.
2. A school district may maintain an action for money had and received,
against a school committee who have neglected to appropriate money in their
hands as directed. School District No. 7 in Auburn v. Sherburne, 568.
3. Lies to recover money advanced to a corporation for shares of its capital
stock. Swazey v. Choate Manufacturing Co., 569.
4. An action of assumpsit may be brought against a city or town to recover
a reward offered for the apprehension of a criminal. Janvrin v. Town of
Exeter, 570.
5. Will not lie to recover money voluntarily paid with full knowledge of
the facts. Lester v. The Mayor, 695.
6. Where a party who has contracted to purchase an interest in certain oil-
wells, transfers his interest to an oil company afterwards incorporated, and
the deed is made directly to such company by the vendors, the company
may maintain assumpsit for the oil received by the vendors, between the date
of the contract and the incorporation. Snow v. Thompson Oil Co., 753.
ATTACHMENT. See PRACTICE, 2.
1. In Illinois, an attachment on personal property, takes precedence of an
unrecorded mortgage. Green v. Van Buskirk, 246.
2. An attachment once dismissed loses its priority, even though re-instated
by consent of the defendant. Murphy v. Bruce, 308.
3. Judgment cannot be rendered against a garnishee, where his contract is
to pay the defendant in attachment, in property. Weil v. Tyler, 378.
4. An attachment, under which goods have been seized, which is set aside
for irregularity, affords no protection to the plaintiffs. Lyon v. Yates, 379.
1. An agreement made in the presence of an attorney between his client
and a third person, is not a privileged communication. Carr v. Weld, 244.
2. An attorney's license is prima facie evidence of his authority, to appear
for any one, but if denied he must furnish evidence of his retainer.
Clark v.
3. An attorney at law has no authority as such to sell or assign the claim
of his client. Rowland v. Slate and Moyer, 632.
BAGGAGE. See COMMON CARRIER, 1, 6.
1. Where a bailee of goods absolutely reruses to deliver them to the owner,
on demand; or assumes to be himself the owner; or interposes an unrea-
sonable objection to delivering them; or exhibits bad faith in regard to the
transaction; a conversion of the property may be inferred. Carroll v. Mix,
2. An agent cannot pledge or mortgage goods, to secure an advance on his
own account. First National Bank of Macon v. Nelson, 309.
5. Warehousemen and forwarders are responsible for the proper custody
and storage of goods in their charge, and are bound to use ordinary care and
diligence in their protection. B. & O. R. R. Co. v. Schumacher, 699.
See AGENT, 4, 5; LIMITATIONS, 4; STOCK, 1.
1. A national banking association organized from a state bank and receiving
its assets, is liable for its debt. Thorp v. Wegefaith, 62.
2. After a national association had become insolvent, its debtor could not
purchase notes for which it was liable, to set-off against his debt. Id.
3. A bank cannot avail itself of the neglect of a third person to prevent the
recovery by one to whom it has paid out a spurious note. Burrill v. Water-
town Bank and Loan Co., 183.
4. A bank having received $3000, in gold coin of the United States, as a
special deposit, will be compelled to return to the depositor the amount of coin,
in specie, with interest thereon in specie, from the time of demand. Chesa-
peake Bank v. Swain, 754.
BANKRUPTCY.
I. Jurisdiction.
1. The Bankrupt Act does not absolutely and totally suspend or abrogate
state insolvent laws. Hawkins' Appeal, 205.
2. A voluntary assignment by a debtor, good at common law and made in
the form prescribed by the insolvent law of the state, held valid, although the
United States Bankrupt Act was in existence and applicable to the case at the
time of the assignment. Id.
3. And the proceedings of the probate court in administering upon the in-
solvent estate so assigned held valid. Id.
4. Where there is no conflict of jurisdiction between the officers of the state
courts and the Court of Bankruptcy, the latter will not interfere. Re David-
son, 236.
5. Discharge refused for want of jurisdiction, where the bankrupt was
member of a firm in New Jersey, but had also an office in New York where
he received and wrote his letters. Re Little, 236.
6. District Court has no power by injunction, to stay proceedings in another
court by reason of bankruptcy proceedings pending in another state. In re
Richardson, 236.
7. The appellate jurisdiction, properly so called, of the Circuit Court in
bankruptcy matters is limited to controversies between assignees and the
claimants of adverse interests, and between assignees and creditor-claimants
respecting the allowance of claims. In re Alexander, 423.
8. The supervisory jurisdiction of the Cicuit Court includes all decisions of
the District Court, or the district judge at chambers, which cannot be reviewed
by appeal or writ of error under the appellate jurisdiction given by the 8th
section. In re Alexander, 423.
9. An appeal must be taken in the time and manner prescribed by the act.
The regulations as to appeals are regulations of jurisdiction, and cannot be
enlarged or restricted by the Circuit or District Courts. Id.
10. The Circuit Court under the 2d section of the Bankrupt Act has juris-
diction to revise the rulings and judgment of the District Court in proceedings
in bankruptcy upon bill filed. Langley v. Perry, 427.
II. Acts of Bankruptcy. See post, 25, 27.
11. Assignment by an insolvent of all his property, for benefit of preferred
creditors, is an act of bankruptcy. Grow v. Ballard, 237.
12. Suspension of payment of commercial paper for fourteen days, and un-
explained, act of bankruptcy. Re Ballard, 237.
13. Non-payment of promissory notes at maturity, which are not commer-
cial paper, no ground for adjudication of bankruptcy. Re Lowenstein, 237.
14. A general assignment of all a debtor's property for the benefit of his
creditors, is not necessarily a conveyance with intent to delay, defraud, or
hinder creditors. Langley v. Perry, 427.
15. And where such an assignment is made with intent to secure an equal
distribution of all the debtor's property among all his creditors, it is not neces-
sarily a conveyance of property with intent to defeat or delay the operation of
the Bankrupt Act. Id.
16. To make such an assignment an act of bankruptcy, it must be made
with intent to delay, defraud, or hinder creditors within the meaning of the
statute of 13 Elizabeth, or with intent to defeat or delay the operation of the
Bankrupt Act. Id.
III. Effect of the Institution of Proceedings.
17. Property of bankrupt after filing petition cannot be taken in execution.
Re Wallace, 237.
18. Property of bankrupt exempt by state and bankrupt law, though levied
on by United States marshal, cannot be sold after filing petition. Re Griffin,
19. When attachment is dissolved by commencement of proceedings in
Dankruptcy, the title of the property vests in assignee. Re Houseberger, 237.
20. Vendor's equitable lien upheld by Court of Bankruptcy. Re Perdue,
21. Judgment-creditors may issue execution and sell their debtor's property.
Re Ken, 237.
22. Bankrupts before appointment of assignee cannot be purchasers of the
estate. March v. Heaton, 238.
23. Feme covert trader may avail herself of her coverture to defeat debts in
bankruptcy, unless she has conformed to statutes governing such traders. Re
Slichter, 238.
24. While adjudication of bankruptcy stands unrevoked, inquiry into valid-
ity of petitioning creditor's debt is precluded. Re Fallon, 238.
IV. Practice. See post, 40, 57, 74.
25. Where A. being indebted to B. and before insolvency, sold the latter
an estate, and credited him on his books with the amount of such indebtedness,
and after insolvency in a settlement with B. deducted the amount of such
indebtedness from the purchase-money: it was held that the payment was
really made at the time of sale, that it was a legitimate transaction, and not
a fraudulent preference within the meaning of the Bankrupt Act. Re Isaac
Rosenfeld, Jr., 44.
26. Where specification charges that a particular debt was paid after the
passage of the Bankrupt Act, proof is inadmissible that other debts were paid
after the passage of said act, but not the particular debt specified, Id.
27. Insurance made upon house and furniture in pursuance of covenants in
lease, is not a fraudulent preference. Id.
28. Bankrupt not liable to arrest for a claim that would be discharged by
an adjudication of bankruptcy. Re Kimball, 236.
29. Original papers referred to in deposition and annexed thereto, cannot
be withdrawn from the files. Re McMain, 238.
30. Creditor may petition court to be paid a judgment out of funds in hands
of assignee. Re Smith, 238.
31. Two or more partners may be adjudged bankrupts upon the petition of
one or more of them. Re Crockett, 238.
32. Omission to publish notice of meeting in one of the papers designated,
also failure to state in warrant the names, residences, and amount of debts,
sufficient irregularity to set aside proceedings. Re Hall, 238.
33. Bankrupt may be called upon at any time to submit to an examination.
Re McBrien, 238.
34. Order for examination always made on petition for final discharge, by
the court; other examinations must be on petition of assignee or creditors.
Re Brandt, 238-239.
35. Creditor must apply by petition or affidavit for order to examine
bankrupt under section 26. Re Adams, 239.
36. Each creditor may examine under section 26, but examination regu-
lated by register.
37. Bankrupt must answer questions relating to property in which he might
have an interest. Re Bonested, 239.
38. Expenditures incurred by bankrupt while insolvent in support of his
family, in the absence of evidence as to their character is no ground for re-
fusal of discharge. Re Isaac Rosenfeld, 44.
39. Servants' wages paid after passage of Bankrupt Act, as necessary fam-
ily expenses, and payments made to counsel for services rendered and to
be rendered," when made without fraud, are no grounds for refusal of discharge.
Id.
40. Petition to have decision of District Court refusing discharge on ac-
count of fraud, reviewed, denied. Re Robinson, 236.
41. Must be applied for within one year of adjudication. Re Willmott, 239.
42. Under section 29, it is only where bankrupt can apply for his discharge
in less than six months, that he must within a year. Re Greenfield, 239.
43. Will not be refused for omission of names of creditors from schedule
with their consent and knowledge. Re Needham, 239.
44. Refused where bankrupt swore falsely that he had no assets. Re Rath-
bone, 239.
45. Creditor secured by deed of trust of land, must proceed according to
rule, in opposing discharge. Re McVey, 241.
46. The concealment of bankrupt's effects, or a false affidavit to the inven-
tory, must be shown to be intentional in order to preclude discharge. Re
Wyatt, 239.
47. Refused where the proof of fraudulent concealment of property was not
overborne by positive testimony. Re Goodridge, 239.
48. Payment of attorney's fees is not such a preference as will prevent dis-
charge of bankrupt. Re Sidle, 240.
49. Assignment of a claim, made to secure pre-existing indebtedness and
when bankrupt was insolvent, is ground for refusing discharge. Re Foster,
240.
50. Payment of one creditor in full by person not contemplating bankruptcy,
will not prevent discharge. Re Locke, 240.
51. The bare denial of bankrupt, insufficient to show that assignment was
not made in contemplation of bankruptcy. Re Broadhead, 240.
52. Refused, on failure to keep books of account whether with fraudulent
intent or not. Id.
53. The intent of non-keeping of books immaterial. Re Newman, 240.
54. Vague and general specifications of fraud not allowed in opposition to
discharge. Re Hansen, 240.
55. Opposition to discharge on the ground of debt being fraudulently
created, insufficient. Re Doody, 240.
56. Will not be withheld on the ground that debts were contracted in a
fiduciary character. Re Tracey, 241.
57. Specifications in opposition to discharge may be filed nunc pro tunc, in
proper cases.
58. Creditors not having proved their debts may oppose. Re Boutelle, 241.
59. A surety on an appeal bond is no longer liable, where the principal is
discharged in bankruptcy. Odell v. Wooten, 318.
VI. Property exempted. See post, 61.
60. Under the provision of the 14th section of the Bankrupt Law of 2d
March 1867, excepting from the operation of the act the property of debtors
exempted from levy and sale by the laws of the state, a vested expectant inter-
est of a bankrupt in a sum of money payable at his own death, or at the death
of another person, may, in Pennsylvania, be set apart for the use of the bank-
rupt; so, however, that its appraised present value, estimated as in cases of
life insurance, does not exceed $300, or that the bankrupt does not receive
more than $300, if the value thus estimated exceeds that amount. Bennett's
Case, 34.
VII. Rights and Duties of Assignee. See ante, 19.
61. Real estate cannot be allotted or set apart by the assignee to a bank-
rupt under section 14 of the Bankrupt Act, even though the personal property,
excluding the articles exempted by the state law, be less than the amount
which the assignee thinks should be allowed the defendant. Matter of Thorn-
ton, 42.
62. Money may be so allotted to the bankrupt.
63. Judge cannot interfere, where assignee is chosen by the greater part in
number and value of creditors. Re Grant, 241.
64. Court will not sanction solicitation of votes for assignee. Re
65. Register can convey estate to assignee where there is no opposing
interest." In re Wylie, 241.
66. Property fraudulently disposed of may be recovered by assignee in
summary manner. Neall v. Beckwith, 241.
67. Cannot recover property from creditor in an action of trover unless
fraud in the transfer be shown. Wadsworth v. Tyler, 242,
68. A chattel mortgage executed by one co-partner under seal, and assented
to by the other by parol, is valid. Hawkins v. Bank, 242.
69. A judgment for a fine imposed as a penalty for crime is not a debt within
the meaning of the Bankrupt Act, and not being included in the special pro-
visions allowing certain claims to be proved as debts, it cannot be proved
against the estate of a bankrupt. Matter of Sutherland, 39.
70. A creditor of a bankrupt holding a mortgage as security for his debt,
must prove his debt, and then apply to court to have security sold. Re Bittell,
71. A debt created by fraud is provable. Re Rundle, 242.
72. A judgment obtained on breach of promise to marry is a debt provable,
and is barred by discharge. Re Sidell, 242.
73. Judgment obtained after adjudication of bankruptcy is not provable
against estate of bankrupt. Re Williams, 242.
74. Action to recover provable debt must be stayed until discharge is deter-
mined on.
Re Rosenberg, 242.
75. A state court cannot interfere with the distribution of bankrupt's assets.
Re Bridgman, 243.
76. The obligee of a joint and several bond of members of a co-partnership,
is entitled to dividends out of the assets of the individual bankrupt members
of the firm. Re Bigelow, 243.
X. Register. See ante, 65.
77. Must certify conformity or non-conformity on presentation to him by
bankrupt, of oath required by section 29. Re Pulver, 241.
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