covers the debtor's contingent liability as well
as actual debt.-Braden v. First Nat. Bank (Pa.)
1023.

Whether the holder of a judgment by confes-
sion by an insolvent corporation is barred from
obtaining a preference is determined by the in-
tent with which the judgment was confessed, and
not the intent with which the warrant of at-
torney was given.-Consolidated Coal Co. v. Na-
tional State Bank (N. J. Err. & App.) 657.

Evidence held admissible to show that a confes-
sion of judgment was fraudulently made.-
Hirsch v. Wenger (Pa.) 135; Fraim v. Same, Id.
A bill to set aside a conveyance as fraudulent
need not allege that the grantee had knowledge
of grantor's fraudulent intent.-First Nat. Bank
v. Randall (R. I.) 1055.

Creditors furnishing materials to one building
on land of another held entitled to a lien on the
land to the extent the debtor's property became
merged therein.-People's Nat. Bank v. Loeffert
(Pa.) 996.

Admissibility of evidence in action to set aside
conveyance as fraudulent determined. - Pound-
stone v. Jones (Pa.) 714.

Assignment to wife for a valid debt held good
against creditors.-In re Jamison's Estate (Pa.)
604; Appeal of Marker. Id.

See, also, "Husband and Wife"; "Perpetuities."
Evidence held sufficient to show a parol gift
of land by a father to a son.-Loney v. Loney
(Md.) 1071.

bank book.-Woonsocket Inst. for Savings v.
Evidence held insufficient to show a gift of a
Heffernan (R. I.) 949.

Delivery by depositor in a savings bank of
an order to transfer the deposit to the drawee
held to invest him with the property in the de-
posit immediately. McNamara v. McDonald
(Conn.) 54.

The fact that a deed was delivered to a child
by one sustaining the relation of parent to her, A note without consideration cannot be the
and that she had rendered services to the gran- subject of a gift from the maker to the payee.
tor, held not to show a valid consideration.-Dod--In re Smith's Estate (Vt.) 66.
son v. Severs (N. J. Ch.) 28.

General creditors who would benefit by hav-
ing a judgment against the assignor defeated
may attack it as having been paid or as fraudu-
lent. In re Wright & Schmid's Estate (Pa.) 151;
Appeal of Vietor, Id.

GAME.

A gift of money secured by mortgage held ef-
fectuated by delivery of the mortgage with cer-
tain indorsements thereon.-Parret v. Craig (N.
J. Ch.) 305.

It is immaterial that a check delivered as a
gift causa mortis bore a date several months
later than the death of the person executing it.
--Whitehouse v. Whitehouse (Me.) 374.

The doctrine that a donor's check may not be
the subject of a gift causa mortis does not apply
when it was given for a valuable consideration.

In construction of game law, held, that phrase,
"from the first day of January to the first day
of October," would be read as, "between the first-Whitehouse v. Whitehouse (Me.) 374.
day of January and," etc.-State v. Stone (R. I.)
654.

GAMING.

The decision of the judges of a horse race is
binding on the parties entering horses only in
case it is honestly given.-Wellington v. Monroe
Trotting Park Co. (Me.) 543.

Evidence held to show fraud on the part of one
of three judges of a horse race, whereby the
first premium was awarded to a horse that did
not win the race.-Wellington v. Monroe Trot-
ting Park Co. (Me.) 543.

GARNISHMENT.

Interpleader by garnishee, see "Interpleader."

A trustee cannot reduce his liability by plead-

Where plaintiff's intestate before his death de-
clared to another that there was a package in
his safe addressed to him, to be delivered in trust
for a third person, to whom the decedent was at
that time engaged, it amounted to a declaration
of trust founded on a valuable consideration, with
a constructive delivery.-Whitehouse v. White-
house (Me.) 374.

A gift from father to child is presumed valid
as against another child seeking to set it aside
for undue influence and fraud. - Campbell v.
Brown (Pa.) 516.

GOOD FAITH.

Of purchaser, see "Bills and Notes"; "Sales."

GOOD WILL.

ing payments made for his creditor under con- Of partnership, see "Partnership."
tracts within the statute of frauds.-Garfield v.
Rutland Ins. Co. (Vt.) 235.

The provision of Rev. St. c. 86, § 55, that no
person shall be adjudged trustee by reason of a
negotiable note, held not to apply where the note
is effectually controlled by its maker.-Woodman
v. Carter (Me.) 169.

Tenants indebted for rent accrued after testa-
trix's death are not chargeable in foreign attach-
ment, where the estate is insolvent.-Moody v.
Davis (N. H.) 464.

The use of process in garnishment to tie up
money in hands of garnishee by repeated serv-

GRAND JURY.

See, also, "Indictment and Information."

The person indicted may take advantage of
the fact that a third person was wrongfully in
the grand jury room while witnesses were be-
ing examined.-State v. Bowman (Me.) 331.

jury while witnesses
The presence of a stenographer before a grand
jury while witnesses are being examined,
though by express order of court, held to viti-
ate the indictment.-State v. Bowman (Me.)
331.

Where there was evidence that a defect in a
highway was latent, the jury should determine
whether the town officers should have antici-
Where a husband appropriates his own money
pated the defect and guarded against it. to erecting buildings on the wife's land with
Brown v. Town of Mt. Holly (Vt.) 69.

Where a husband deposited money in his Of trade-mark, see "Trade-Marks and Trade-
wife's name, the fact that she took the bank
book into her personal custody, without his
knowledge, did not constitute a delivery to her.-
Fairfield Sav. Bank v. Small (Me.) 551.

A complaint charging that defendant had in Of lunacy, see "Insane Persons."
his possession certain ruffed grouse, which were
intended for consumption outside the state, and
that he unlawfully carried them from one place
to another in the state, and delivered them to a
carrier for transportation outside the state, held
not duplicitous, under Acts 1893, c. 288.-State
v. Thomas (Me.) 144.

An indictment will be presumed to have been
found the day the grand jury was impaneled.-
State v. Bowes (R. I.) 948.

late Const. art. 1, § 5, declaring that every person
ought to obtain justice freely and without pur-
chase.-Merrill v. Bowler (R. I.) 114.

Under Pub. St. c. 201, the amount required to
authorize petitioners to file a petition may include
claims payable at a future date.-Hinds v. Heath
(N. H.) 382.

A creditor's petition may be executed by one
specially authorized.-Hinds v. Heath (N. H.)

Of building association, see "Building and Loan 382.
Associations."

Of corporation, see "Corporations."
Of decedent's estate, see "Executors and Ad-
ministrators."

Tax collector is public officer, within V. S. §
2139, providing that a debt created by the de-
falcation of a public officer shall not be dis-
charged by proceedings in insolvency.-Town of
Pawlet v. Kelley (Vt.) 92.

Where an action for a tort was brought and
prosecuted to judgment pending an insolvency
proceeding against defendant, under Gen. Laws,
c. 274, the issuing of an execution on the judg-
ment prior to the determination of defendant's
right to a discharge was illegal.-In re Bowler
(R. I.) 497.

The insolvency law is not applicable to a for-
eign corporation having no office within the state,
but merely using the state as a market for goods
manufactured elsewhere.-Whitcomb v. Robbins
(Vt.) 233.

Pub. St. c. 201, § 26, providing that insolvency
proceedings dissolve all attachments made with-
in three months, applies only to attachments on
mesne process, and not to seizures on execution.
-Hurlbutt v. Currier (N. H.) 502.

Pub. St. c. 201, § 46, relating to partnership
insolvency, held not applicable to nonresident part-
ners.-Schmidt v. Ellis (N. H.) 382.

On examination under Pub. St. c. 201, § 27, of a
person suspected of having assets of an insolvent's
estate, the probate court cannot decree that the
person deliver over the property.-Scott v. Knight
(N. H.) 120.

Gen. Laws, c. 274, providing for the removal
of an assignee appointed by an insolvent mak-
ing a general assignment, and for the appointment
of one acceptable to the creditors, held not uncon-
stitutional. Merrill v. Bowler (R. I.) 114.

An insolvent debtor, claiming adversely to the
assignee, is a party in interest, who may peti-
tion for the appointment of commissioners to de-
termine the dispute, under V. S. § 2143.-Sowles
v. Bailey (Vt.) 237.

An application under V. S. § 2143, for the ap-
pointment of commissioners to determine disputed
questions, is sufficient if it fairly apprise the
court of the matter involved.-Sowles v. Bailey
(Vt.) 237.

V. S. § 2143, requiring the insolvency court to
appoint commissioners to determine disputes, ap-
plies, although the precise question in issue is
not pending before the court for decision. Sowles
v. Bailey (Vt.) 237.

In a proceeding to hold an insolvent for con-
tempt in transferring property claimed by the
assignee, the question of the respective rights of
the parties is before the court for decision.-
Sowles v. Bailey (Vt.) 237.

Proceedings for declaration of insolven-

Seizure and custody of property.
Though the failure to advertise and sell goods
seized under execution, in the manner required
by Pub. St. c. 232, § 2, renders the property lia-
ble to seizure by other creditors, the debtor him-
self, or his assignee in insolvency, has no right
or interest in the property entitling either to pos-
session.-Hurlbutt v. Currier (N. H.) 502.

Administration and distribution of es-

tate.

Where a creditor holds mortgage bonds of the
debtor as collateral, and the security is insuffi-
cient to pay the bonds or the debt in full, he
cannot be admitted as a creditor, both for the
balance due on his claim, and also for the balance
due on the bonds.-Pattberg v. Lewis Pattberg
& Bros. (N. J. Ch.) 205.

Secured bondholders of an insolvent, who were
not notified by mail of the time limited for admis-
sion of claims, held entitled to be admitted as
creditors after the expiration of such time.-
Pattberg v. Lewis Pattberg & Bros. (N. J. Ch.)
205.

On their admission, such creditors will be en-
titled to a preferential dividend, to put them on
ready received dividends. - Pattberg v. Lewis
equality with the other creditors, who have al-
Pattberg & Bros. (N. J. Ch.) 205.

The statute providing that interest on claims
shall be computed to the date of filing the peti-
tion in insolvency does not bar computation
after that date, if it be necessary to secure
equality among creditors, or if the estate be
more than sufficient to pay all claims.-Clemons
v. Clemons' Estate (Vt.) 314.

A creditor desiring to attack the validity of the
claim of a co-creditor should do so on proceedings
before the receiver on the question of distribu-
tion of assets.-Consolidated Coal Co. v. Nation-
al State Bank (N. J. Err. & App.) 657.

In estimating an amount owing to petitioning
creditors, a note paid by the firm of which the
debtor was a member may be included.-Hinds v.
Heath (N. H.) 382.

A beneficiary who released the trustee, and
loaned the fund to a third person, to be loaned to
a corporation for the beneficiary's benefit, held to
have no right to a preference, on the corpora-
tion's becoming insolvent, on the ground that the
fund was a trust fund.-Todd v. Meding (N. J.
Ch.) 349.

Part of a claim had been assigned, and proof
of the entire claim was made by the original own-
er, and held sufficient to present the claim of the
assignee.-Todd v. Meding (N. J. Ch.) 349.

original owner made proof of the entire claim,
Where part of a claim was assigned, and the
but the receiver had notice of the assignee's
rights, held, that he was not excused by the cir-
cumstances from liability for paying the entire
claim to the original owner.-Todd v. Meding (N.
J. Ch.) 349.

A trustee in insolvency may maintain a bill to
vacate a deed in fraud of creditors.-Applegarth
v. Wagner (Md.) 940.

INSTRUCTIONS.

The rule requiring a deposit of $50 before the
filing of a petition of insolvency held not to vio- In civil actions, see "Trial."