AMENDMENT.

See PRACTICE.

ANSWER.

See PRACTICE.

APPEAL.

See BANKRUPTCY, 3, 4.

ASSESSOR.

See INTERNAL REVENUE, 8 to 15.

B

BAILMENT.

1. A bank applied to another bank to
perform the service of loaning some
money for it, requesting that a proper
charge be made to it for the service.
The latter bank made the loan. It
had a running account with the
former bank, but made no charge, in
such account, for such service, and
determined to accept no compensa-
tion therefor from the former bank,
but did not communicate such de-
termination to the former bank. The
loan was made on a deposit of secu
rities with the latter bank, which,
while in its custody, were stolen from
it. The depositor of the securities,
in a suit against him by the former
bank, recovered against it a judg
ment for the value of the excess of
the securities beyond the amount of
the loan, which it paid. It then
brought this suit against the latter
bank, to recover the amount of the
money loaned and the amount so paid
to the depositor, on the ground that
the latter bank was negligent in al-
lowing the securities to be stolen:
Held, that the latter bank was not a
gratuitous bailee of the securities, as
between it and the former bank.
Second Nat. Bank of Erie v. Ocean
Nat. Bank,

362

2. The record of the suit brought by
the depositor of the securities against
the former bank was offered in evi-

dence in this suit, on the part of the
plaintiff, not only to prove the quan
tum of damages sustained by the
plaintiff in consequence of the loss of
the securities, but to prove the lia-
bility of the defendant for such loss:
Held, that such record was not evi-
dence of such liability.
id.

BANK.

See BAILMENT.
EVIDENCE, 3.
NATIONAL BANK.

BANKRUPTCY.

1. Under § 39 of the bankruptcy Act
of March 2d, 1867, (14 U. Š. Stat. at
Large, 536,) the non-payment of com-
mercial paper at maturity, and the
continued neglect to pay it, are a con-
tinuous act of bankruptcy, so that the
non-payment of it for more than four-
teen days may be alleged as an act
of bankruptcy committed within six
months before the filing of the peti-
tion, although the first fourteen days
after maturity expired more than six
months before the filing of the peti-
tion. In re Raynor,

2.

3.

4.

43

It is sufficient if a petition in invol-
untary bankruptcy be signed and
sworn to by an attorney of the peti-
tioning creditor, duly authorized
thereto, and it is not necessary that
it should be signed or sworn to by
the petitioning creditor in person. id.

Unless the appeal provided for in
the 8th section of the bankruptcy Act
of March 2d, 1867, (14 U. S. Stat, at
Large, 520,) be taken within ten days
after the decree is entered, this Court
acquires no jurisdiction thereby.
Sedgwick v. Fridenberg,
77

The provision of the 2d section of
the Act of June 1st, 1872, (17 U. S.
Stat. at Large, 196,) that "no judg
ment, decree, or order of a District
Court, rendered after this Act shall
take effect, shall be reviewed by a
Circuit Court of the United States,
upon like process or appeal, unless
the process be sued out, or the ap-
peal be taken, within one year after

8. The marshal of the United States, as
the messenger of the District Court,
in bankruptcy, seized certain prop-
erty as the property of a bankrupt,
and put it into the hands of the as-
signee of the bankrupt. A person
who claimed the property as his own
brought a suit against the marshal,
in a State Court, for such seizure.
The assignee in bankruptcy and the
marshal, as plaintiffs, then brought a
suit in equity, in this Court, against
such person and the bankrupt, to set
aside certain transfers under which

such person claimed such property,
as being fraudulent as against such
assignee: Held,

(1.) That the suit was maintaina-
ble, although the property was in the
possession of the assignee;

(2.) That it was proper for the
Court to issue an injuuction restrain-
ing the further prosecution of the
suit in the State Court. Kellogg v.
Russell,

519

9. A. sold goods to B. for cash, to be
paid on the receipt by B. of the in-
voice for the goods. They were
placed on board of a canal-boat, to be
transported to B., and the invoice
was sent to B. The goods were not
paid for, and B. became insolvent.
The canal-boat was stopped by ice.

The master landed the goods, and
placed them in warehouse. B. gave
to the warehouseman authority to
sell the goods if he could obtain a
specified price for them. Afterwards
B gave to A. an order for the goods,
and A, took possession of all of them,
except some which the warehouseman
had sold, and gave credit therefor, at
the sale price to B., in extinguish-
ment of an equal amount of B.'s in-
debtedness to A. in general account.
B. being adjudged a bankrupt, A.
made proof of a debt against B., for
the balance of such general account.
It was objected by the assignee in
bankruptcy, that A. had received an
illegal preference, in payment, in part,
of such account, by receiving the salt
on the order of B., when B. was in-
solvent, and when A. had reasonable
cause to believe that B. was insolv
ent, and such preference was a fraud
on the bankruptcy Act, and that A.
must be excluded from a share in the
distribution of the assets of B.: Held,

(1.) That the goods had not come
to the possession of B., or of his
agent, for disposal, so as to cut off
the right of A. to stop them in tran-
situ;

(2.) That the non-payment of the
price of the goods warranted a rescis-
sion of the sale;

(3.) That A. had a right to appro-
priate the goods, on crediting the
same, so as practically to extinguish
the charge of the price of the sale to
that extent;

(4.) That the proof of debt must
stand. In re Foot,
530

12. Both vessels being in fault, the
damages were apportioned. id.

13. The C. and the U., two steam ves-
sels, were held liable for the damages
caused to the owners of a schooner,
and also for the damages caused to
the owners of the cargo on board of
such schooner, by a collision between
the C. and the schooner, the schooner
being, at the time, in tow of the U.,
and the collision being due to the
fault of both the C. and the U.
U., on her arrest, was discharged
from custody, on a stipulation for her
value, which was in an amount less
than one-half of the damages awarded
to the libellants: Held, that the libel-
lants could recover against the C.

The

16. It is no satisfactory test of the pro-
priety of the speed of the steamer,
that it is proved to be half-speed. id.

17. Important as it is that ferry-boats
should be run, and although they are
not necessarily bound to stop by
reason of a fog, they are bound, when
so running, to use vigilance, caution,
and skill in some degree propor-
tioned to the increased danger of
accident. The Lydia,
415

18. The Court will not now say that
the ringing of a bell, or the giving of
other audible signal, at the termini
of the ferries, as a guide to crossing
boats, is required by law; but, it is
quite obvious, that it is a useful pre-
caution, and observation suggests
that it is not uncommon.

id.

19. Where, in a suit by the owners of
a schooner against a steamer, to re-
cover for the damage done to the
former by a collision with the latter,
the testimony is irreconcilable, and
is nearly evenly balanced on the
question as to whether the schooner
changed her course, the rules must
be applied, that it was the duty of

20. A steamer collided with a sailing
vessel in tow of a steam-tug. In a
suit in rem, brought by the owners of
the sailing vessel against both of the
other vessels, to recover for the dam-
ages sustained by them by the col-
lision, it was held, both of such other
vessels being found in fault, that each
must be held liable for only one-half
of such damages, and that the steamer
could not be held to make up a de-
ficiency caused by the fact that the
value of the steam-tug was less than
one-half of such damages. The Ala-
bama and The Game Cock, 482

21. Where a vessel is sunk by a col-
lision, and a recovery is had by her
against another vessel for a total loss
of her, as the damages caused there-
by, an item for the expense of raising
the former vessel will be allowed, if
it does not appear that more was
done, in raising her, than to enable
proof to be given that she could not
be repaired without too great ex-
pense. The America,
485

22. In such an action, interest on the
items of damage allowed is proper,
as an allowance, as being necessary
to indemnity.

id.

23. A pilot-boat, at night, by her flash
light, was seen from a steamer at a
distance of several miles, and the
officer of the steamer saw her move.
ments, and saw that her course was
such as would cross the course of the
steamer. The pilot-boat came to a
position nearly ahead of the steamer,
and lowered a boat, with a lantern
on board, to take a pilot to the
steamer. This was seen from the
steamer. The pilot-boat was crossing
from starboard to port of the steamer