For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same tople and KEY-NUMBER tion to dismiss for nonjoinder of parties. Prince v. McLaughlin, 16 F. (2d) 886. XVI. REVIEW. (A) Scope and' Extent In General. 846(5) (U.S.C.C.A.Mo.) In absence of request for findings of fact or conclusions of law, alleged errors in admission or exclusion of evidence only were reviewable.-Fuller Process Co. v. Texas Co., 16 F. (2d) 108. 849(1) (U.S.C.C.A.Cal.) Questions decid. ed on court trial without written jury waiver, except any arising on process, pleadings, or judgment, are not reviewable (Comp. St. §§ 1587, 1668).-Graver Corporation v. Hercules Gasoline Co., 16 F. (2d) 459. 850 (2) (U.S.C.C.A.Ohio) Question of exclusive preliminary jurisdiction of Interstate Commerce Commission held reviewable, where presented by bill of exceptions (Rev. St. $ 700 [Comp. St. § 1587]).-Oyler v. Cleveland, C., C. & St. L. Ry. Co., 16 F. (2d) 455. 854 (2) (U.S.C.C.A.Mont.) Reasons assigned for judgment not reviewable.-U. S. v. Heinrich, 16 F. (2d) 112. (B) Interlocutory, Collateral, and Supplementary Proceedings and Questions. 875 (U.S.C.C.A.Ohio) Order confirming sale will be set aside where sale was illegal (Comp. St. § 1642).-Westmoreland Brick Co. v. U. S. Malleable Iron Co., 16 F. (2d) 371. (E) Presumptions. 931 (3) (U.S.C.C.A.Wash.) Inferences which may be drawn from facts found and which will support judgment will be deemed to have been drawn.-Clyde Equipment Co. v. Fiorito, 16 F. (2d) 106. (F) Discretion of Lower Court. 960 (1) (U.S.C.C.A.Alaska) Ruling on motion for bill of particulars not reviewable unless resulting in injustice (Comp. Laws Alaska 1913, $908).-Alaska S. S. Co. v. Katzeek, 16 F. (2d) 210. (G) Questions of Fact, Verdicts, and Findings. on 989 (U.S.C.C.A.III.) Finding prevails appeal, if there is any evidence to support it. -McHale v. Hull, 16 F. (2d) 781. 997 (3) (U.S.C.C.A.Ky.) Facts found by court after mutual requests for directed verdict are conclusive if supported by substantial testimony.-American Smelting & Refining Co. v. Hyman, 16 F. (2d) 39. Court's direction of jury verdict after mutual requests, instead of discharging jury, held not to affect conclusiveness of findings.-Id. 1002 (U.S.C.C.A.N.Y.) Finding of jury on disputed evidence is conclusive on appellate court.-Higgins v. California Prune & Apricot Growers, 16 F. (2d) 190. 1004 (3) (U.S.C.C.A.Or.) $40,000 damages for personal injury held not so excessive as to warrant interference with discretion of trial court.-Bowman-Hicks Lumber Co. v. Robinson, 16 F. (2d) 240. 1008 (2) (U.S.C.C.A.III.) Findings, supported by any evidence, should not be disturbed, where jury is waived.-Boak v. Robie, 16 F. (2d) 23. 1098(2) (U.S.C.C.A.Pa.) Trial judge's findings after waiver of jury have same force and effect as verdict, if based on competent evidence. -Tarn v. U. S., 16 F. (2d) 272. 1008 (2) (U.S.C.C.A.Pa.) Findings of District Judge in law action, jury trial being waived, have effect of verdict.-McDonald Coal Co. v. Lewellyn, 16 F. (2d) 274. of 1009 (3) (U.S.C.C.A.Minn.) Findings chancellor on conflicting evidence will not be disturbed.-Boyle v. Rousso, 16 F. (2d) 666. ~~1011(1) (U.S.C.C.A.N.Y.) Lower court finding, depending on reconciliation of testimony, will not be disturbed.-Shamrock Towing Co. v. City of New York, 16 F. (2d) 199. 1022 (3) (U.S.C.C.A.Kan.) ings, approved by trial court, are not disturbed, when not clearly against weight of evidence.Commercial Nat. Bank of Independence, Kan., v. Stockyards Loan Co., 16 F. (2d) 911. (H) Harmless Error. 1030 (U.S.C.C.A.Colo.) Erroneous trial procedure, treating law action as equitable, if not prejudicial, is no ground for reversal.-F. C. Ayres Mercantile Co. v. Union Pac. R. Co., 16 F.(2d) 395. 1041(5) (U.S.C.C.A.N.Y.) Refusal to permit filing of supplemental answer alleging similar suit in another state, if error, held not prejudicial, where judgment roll in such suit was admitted in evidence.-Norrie v. Lohman, 16 F. (2d) 355. 1043(4) (App.D.C.) Hearing evidence on motion to dismiss petition in suit for appointment of receiver held not prejudicial error.-Zibell v. Meacham & Babcock Shipbuilding Co., 16 F.(2d) 330. 1048(7) (U.S.C.C.A.Ky.) Court's ruling that plaintiff, calling defendant as witness, was bound by his testimony, while too broad, held not reversible error.-American Smelting & Refining Co. v. Hyman, 16 F.(2d) 39. 1050(1) (U.S.C.C.A.Porto Rico) Testimony as to plaintiff's reputation, rumors, and witness' statements to his wife, resulting from defamatory utterance held incompetent and prejudicial.-New York & Porto Rico S. S. Co. v. Garcia, 16 F. (2d) 734. 1058(1) (U.S.C.C.A.Mo.) Exclusion of testimony subsequently admitted held not prejudicial.-Fuller Process Co. v. Texas Co., 16 F. (2d) 108. 1062(1) (U.S.C.C.A.Pa.) Error in submitting issue of defendant's negligence to jury held harmless, where jury found for defendant. -Brill v. Reading Co., 16 F. (2d) 461. in 1068(4) (U.S.C.C.A.Okl.) Any error charge as to prorating loss was immaterial, where recovery was for full insurance on contents only.-Ingram v. Fidelity-Phoenix Fire Ins. Co. of New York, 16 F. (2d) 251. 1068 (5) (U.S.C.C.A.Colo.) Refusal of requested instructions as to credit to indorsers on account of proceeds of mortgage property held not prejudicial in view of verdict.-Taylor v. Continental Supply Co., 16 F. (2d) 578. 1073(7) (U.S.C.C.A.Tex.) Method of computation is immaterial to defendant, if total is not excessive.-Orient Petroleum Co. v. Wichita State Bank & Trust Co., 16 F.(2d) 417. XVII. DETERMINATION AND DISPOSITION OF CAUSE. (B) Affirmance. 1138 (U,S.C.C.A.Tex.) Case not reviewable after questions involved have become moot.Texas & N. O. R. Co. v. North Side Belt Ry. Co., 16 F. (2d) 782. (D) Reversal. 1170(7) (U.S.C.C.A.Mass.) Admission of testimony, if erroneous, held not to authorize reversal, as affecting substantial rights of parties (Judicial Code, § 269, as amended by Act Cong. Feb. 26, 1919 [Comp. St. § 1246]).— Belisle v. Lisk, 16 F. (2d) 261. 1177(6) (U.S.C.C.A.La.) On reversing decree for defendants, case will be remanded for decision on matters not decided by trial court. -Venice Hunting & Trapping Co. v. Salinovich, 16 F.(2d) 121. (F) Mandate and Proceedings in Lower Kirschenblatt, 16 F. (2d) 202; U. S. v. Kirsch, 16 F. (2d) 204. Court. 51/2 (U.S.C.C.A.Iowa) Decision of director of Veterans' Bureau on right to compensation is ordinarily conclusive (World War Veterans' Act 1924 [Comp. St. § 91272-1 et seq.]).— Armstrong v. U. S., 16 F. (2d) 387. IV. COMPENSATION AND LIEN OF ATTORNEY. Submission of question of compensation is condition precedent to suit on policy sought to be kept in force by uncollected compensation (World War Veterans' Act, §§ 19, 305 [Comp. St. §§ 91272-19, 91272-3051: Act Cong. Aug. 9, 1921, § 2 [Comp. St. § 9674aa]).-Id. Provisions respecting war risk Insurance must be read and construed together (World War Veterans' Act 1924 [Comp. St. § 91272-1148(3) (U.S.C.C.A.III.) Whether continet seq.]).-Id. 511⁄2 (U.S.C.C.A.Mo.) Suit on lapsed policy of disabled soldier cannot be maintained before application to Director of Veterans' Bureau for rating and award (World War Veterans' Act, §§ 202, 305 [Comp. St. §§ 91271⁄2-202, 91271⁄2305]; War Risk Insurance Act, $$ 300-314 [40 Stat. 405, as amended], and section 408, as amended by Act Cong. March 4, 1923, § 7 [42 Stat. 1525]).-Maddox v. U. S., 16 F.(2d) 390. 511⁄2 (U.S.C.C.A.Tenn.) Rights under war risk insurance, as between illegitimate son of deceased soldier and widow and legitimate children, held determinable as other controversies between insurer and insured (War Risk Insurance Act [40 Stat. 409]).—State Bank & Trust Co. v. U. S., 16 F. (2d) 439. Illegitimacy of claimant held not material on question of right to proceeds of war risk insurance, in view of father's expressed acknowledgment (War Risk Insurance Act [40 Stat. 401]).-Id. Costs ordinarily not awarded against United States may be allowed in action on war risk insurance policy, where bureau has fund to cover such expenses.-Id. ARREST. II. ON CRIMINAL CHARGES. (A) Fees and Other Remuneration. 144 (U.S.C.C.A.Ill.) It is attorney's duty to deal fairly with client in matter of fees, and doubtful or ambiguous language in agreement for fees must be construed most favorably to client. Waugh v. Q. & C. Co.. 16 F.(2d) 363. gent fee is excessive cannot be determined by sum ultimately due thereunder.-Waugh v. Q. & C. Co., 16 F.(2d) 363. Clause of contingent fee contract, in which client agreed to pay 25 per cent. of amount received in any settlement, relieving client as selling agent, if such contingency occurred, held to supersede clause limiting fee to $10,000 in another contingency.-Id. contract, 149 (U.S.C.C.A.III.) Settlement wherein exclusive selling agent transferred all its right and license, held to release agent as selling agent, within contract employing attor ney on contingent fee basis.-Waugh v. Q. & C. Co., 16 F. (2d) 363. 166(1) (U.S.C.C.A.III.) Evidence held to show that client was not overreached in making contract with attorney on contingent fee basis. Waugh v. Q. & C. Co., 16 F.(2d) 363. (B) Lien. 175 (U.S.C.C.A.Tex.) Attorney has no lien for services in other cases on dividend declared on claim presented by attorney for corporation against bankrupt.-Central Loan Co. v. Russell, 16 F.(2d) 35. 176 (U.S.C.C.A.Tex.) Attorney's fees, stipulated in note, constitute lien on dividend declared on claim against bankrupt, presented by attorney.-Central Loan Co. v. Russell, 16 F. (2d) 35. 63(4) (U.S.C.C.A.Okl.) Officers making arrest held to have probable cause to believe felony was being committed (Act June 30, 1919, 8182(1) (U.S.C.C.A.Tex.) Corporation, aft1 [Comp. St. § 4137aa]; National Prohibition Act, § 25 [Comp. St. § 101381⁄2m]; Penal Code 837 [Comp. St. § 10201]).-Billingsley, v. U. S., 16 F.(2d) 754. 63(4) (App.D.C.) Arrest of defendant without warrant while transporting liquor held warranted (National Prohibition Act, tit. 2, § 26 [Comp. St. § 101381⁄2mm]).-Cohn v. U. S., 16 F. (2d) 652. 65 (U.S.C.C.A.N.Y.) Arrest under search warrant held lawful.-U. S. v. Kirschenblatt, 16 F. (2d) 202; U. S. v. Kirsch, 16 F. (2d) 204. 71 (U.S.C.C.A.N.Y.) Premises may be searched for contraband after arrest.-U. S. v. er terminating contract with attorney to collect claim against bankrupt, was entitled to Central Loan Co. v. Russell, 16 F. (2d) 35. dividend subject to attorney's lien for fees. AUTOMOBILES. V. INJURIES FROM OPERATION, OR (A) Nature and Grounds of Liability. 214 (U.S.C.C.A.Tex.) Driving team on main highway, rather than on parallel road less used by automobiles, is not contributory negligence.-Myers v. Velasquez, 16 F. (2d) 111. INDEX-DIGEST For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER (B) Actions. on con 245 (6) (App.D.C.) Truck driver's negligence as to pedestrian held for jury.-Chr. Heurich Brewing Co. v. McGavin, 16 F.(2d) 334. 246 (30) (App.D.C.) Instruction tributory negligence of pedestrian and truck driver's negligence, under humanitarian rule, held correct. Chr. Heurich Brewing Co. v. McGavin, 16 F. (2d) 334. Bankruptcy (C) Involuntary Proceedings. 59 (U.S.C.C.A.III.) Permitting levy on judgment without discharging it held sufficient act of bankruptcy to authorize involuntary proceeding. In re Wilson, 16 F. (2d) 177. 60 (U.S.C.C.A.III.) Application for receiver held sufficient act of bankruptcy to authorize involuntary proceeding.-In re Wilson, 16 F. (2d) 177. 246 (38) (App.D.C.) Instruction on contrib-76(1) (U.S.C.C.A.III.) Pendency of suits in utory negligence of pedestrian and truck driv- other jurisdictions, attacking notes, held not to er's negligence, under humanitarian rule, held affect provability of notes, as affecting right correct. Chr. Heurich Brewing Co. v. McGavin, 16 F.(2d) 334. to petition as creditors.-In re Wilson, 16 F. (2d) 177. VII. OFFENSES AND PROSECUTIONS. 323 (App.D.C.) Owner, placing automobile in hands of reckless driver, with whom he rides, without protest against negligence causing death of another, is criminally liable as "principal" (Code, § 908).-Story v. U. S., 16 F. (2d) 342. II. PETITION, ADJUDICATION, WARRANT, (U.S.D.C.Tenn.) Bankruptcy court cannot abandon or relinquish its jurisdiction.-In re Drake Motor & Tire Mfg. Corporation, 16 F. (2d) 142. 76(2) (U.S.C.C.A.III.) As respects right to petition as creditors, notes on which unpaid voluntary bankruptcy were provable in bankinterest exceeded statutory minimum for inruptcy, where security was waived.-In re Wilson, 16 F. (2d) 177. 76(3) (U.S.C.C.A.III.) That attorneys representing holders of notes on which involuntary petition was based represented holders in other proceedings involving notes held not to estop holders.-In re Wilson, 16 F. (2d) 177. solvency, from refusal to produce books or tes91(1) (U.S.C.C.A.III.) Presumption of intify, may be rebutted by evidence (Bankruptcy Act, & 3 [Comp. St. § 9587]).-In re Wilson, 16 F.(2d) 177. Evidence held insufficient to rebut presumption of insolvency of bankrupt, who refused to submit to examination (Bankruptcy Act, § 3 [Comp. St. § 9587]).-Id. 91(2) (U.S.C.C.A.III.) Burden of proving solvency is not sustained by showing solvency ruptcy Act, § 3 [Comp. St. § 9587]).—In re 21⁄2 years before acts of bankruptcy (BankWilson, 16 F.(2d) 177. III. ASSIGNMENT, ADMINISTRATION, (A) Appointment, Qualification, and Tenure of Trustee. 123 (U.S.C.C.A.Cal.) Creditor, conniving in bankrupt's retention of interest in property sold under power, held disqualified from voting for new trustee.-McColgan v. Clark, 16 F. (2d) 433. 181/2 (App.D.C.) Petition in suit for appointment of receiver of shipbuilding company held properly dismissed, in view of appointment of receiver in bankruptcy in another ju-127 (U.S.C.C.A.Ky.) Power risdiction and other facts.-Zibell v. Meacham & Babcock Shipbuilding Co., 16 F. (2d) 330. 123 (U.S.C.C.A.Ky.) Objection that bank creditor was not qualified to vote for trustee, not timely made, held waived.-Curtis Candy Co. v. Brent, 16 F. (2d) 119. 20(1) (U.S.D.C.Tenn.) Bankruptcy has power to enjoin proceedings in state court court to protect its jurisdiction (Judicial Code, § 265 [Comp. St. § 1242]).-In re Drake Motor & Tire Mfg. Corporation, 16 F. (2d) 142. to appoint trustee on failure of creditors to elect held not (B) Assignment, and Title, Rights, and Remedies of Trustee in General. Right to file bankruptcy petition must be exclusively determined by bankruptcy court.-Id. Bankruptcy law is paramount, and bankruptcy143(10) (U.S.C.C.A.Tex.) Bankrupt held to court has exclusive right to bankrupt's prop erty.-Id. Bankruptcy court will restrain state court receiver from preventing filing of voluntary petition by threats of contempt proceedings in state court.-Id. was 20(2) (U.S.D.C.Ga.) Where receiver appointed by state court, prior right of bankruptcy court to possession of property would be waived to permit ownership to be determined by state court.-In re Gallimore, 16 F. (2d) 800. 20(2) (U.S.D.C.Mich.) Trustee's complaint respecting state court receiver's possession of bankrupt's property should be presented to such state court.-Detroit Trust Co. v. Schantz, 16 F. (2d) 942. have vested remainder, which passed to his 143(12) (U.S.C.C.A.N.Y.) Trustee entitled 145(1) (U.S.C.C.A.Tex.) Amount due beneficiary of trust for compensation as trustee held to pass to his trustee in bankruptcy -Vellacott v. Murphy, 16 F. (2d) 700. (Bankruptcy Act, § 70a [Comp. St. § 9654]). set off deposit against loan to depositor in event 154 (U.S.C.C.A.La.) Generally bank may of bankruptcy.-American Bank & Trust Co. v. Morris, 16 F. (2d) 845. (C) Preferences and Transfers by Bankrupt, and Attachments and Other Liens. for failure to obey pay-over order held erroneous. In re J. H. Small Shoe Co., 16 F. (2d) 205. Denial of ability to comply with pay-over order is insufficient answer to contempt rule.-Id. Court should preserve substance of testimony and exhibits in contempt proceedings for noncompliance with pay-over order.-Id. 166(3) (U.S.C.C.A.Md.) Bank cannot set off bankrupt's debt to it against deposits made with bank's knowledge of insolvency.-Union Trust Co. of Maryland v. Peck, 16 F. (2d) 986. Bankrupt's assignment of accounts after 288(2) (U.S.D.C.Mich.) Trustee's suit to known insolvency held valid.-Id. rea recover property from state court receiver is plenary suit, and not summary proceeding, in bankruptcy court.-Detroit Trust Co. v. Schantz, 16 F. (2d) 942. 166(4) (U.S.C.C.A.Mass.) Creditor's sonable belief in debtor's insolvency creates preference, but mere cause to suspect insolvency does not.-Essex Nat. Bank v. Hurley, 16303(1) (U.S.C.C.A.La.) Trustee has burden F. (2d) 427. of proof of alleged fraudulent conveyance.Murphy v. Suir, 16 F. (2d) 269. 178(1) (U.S.C.C.A.Md.) Bankrupt's assignment, before insolvency, of accounts receivable, under which proceeds were deposited in bank holding assignment, with right in bankrupt_to withdraw funds, held invalid.-Union Trust Co. of Maryland v. Peck, 16 F. (2d) 986. 188(1) (U.S.C.C.A.Md.) Bankruptcy trustee cannot object that bankrupt corporation's loan notes to bank claiming lien on deposit did not comply with by-laws, where corporation had use of money and no stockholder objected. Union Trust Co. of Maryland v. Peck, 16 F. (2d) 986. 213 (U.S.C.C.A.W.Va.) Sale of bankrupt's property subject to deed of trust is discretionary with bankruptcy court.-Allebach v. Thomas, 16 F. (2d) 853, 213 (U.S.D.C.Fla.) Lienholders will not be permitted to foreclose on bankrupt property, where evidence shows property, if sold with other property of bankrupt, would pay mortgage and leave sum for unsecured creditors. In re Southern Florida Realty Corporation, 16 F. (2d) 171. 214 (U.S.D.C.Fla.) Bankruptcy court will protect interest of lienholder equally with that of unsecured creditors.-In re Southern Florida Realty Corporation, 16 F. (2d) 171. 217(1) (U.S.C.C.A.W.Va.) Sale under deed of trust may be enjoined.-Allebach v. Thomas, 16 F.(2d) 853. (D) Administration of Estate. 228 (U.S.C.C.A.N.Y.) Petition to review orders of referee in bankruptcy is in substance appeal from bankruptcy court.-In re Pearlman, 16 F. (2d) 20. District Court should look solely to referee's certified return in disposing of petition to review (Bankruptcy Act, § 39151 being Comp St. § 9623; General Order XXVII).-Id. Inclusion, in referee's return of colloquy between counsel, is unjustifiable (Bankruptcy Act, $ 39 [51, being Comp. St. § 9623; General Order XXVII).—Id. Statute held not to authorize inclusion in referee's return of what is not evidence, or relieve referee of duty to supervise return (Bankruptcy Act, § 39 [5], being Comp. St. § 9623). -Id. 255 (U.S.C.C.A.Mass.) Leased premises continue in possession of bankrupt, though stock is in custody of court as affecting liability for rent.-Petition of Colburn, 16 F. (2d) 780. Trustee held liable for reasonable rent for use of premises by receiver after appointment, though premises continued in bankrupt's possession after filing of petition.-Id. 262(3) (U.S.D.C.Fla.) Bankruptcy court may order property sold clear of all liens.-In re Southern Florida Realty Corporation, 16 F. (2d) 171. 264 (U.S.D.C.Pa.) Action of referee approved in confirming sale and refusing to set aside sales of real estate on offer of higher bid without security.-In re Hoffman, 16 F. (2d) 939. (E) Actions by or Against Trustee. 288(1) (U.S.C.C.A.Conn.) Order discharging rule against officer of bankrupt in contempt Proof of conveyance by bankrupt while solvent does not shift to bankrupt burden of showing absence of fraud.-Id. Trustee has burden of proof that bankrupt remained in possession after alleged fraudulent conveyance before insolvency (Merrick's Rev. Civ. Code La. art. 2479).-Id. Trustee, to maintain suit to set aside fraudulent conveyance, must prove that bankrupt was insolvent or remained in possession (Civ. Code La. arts. 1970, 1971).—Id. 303(3) (U.S.C.C.A.Conn.) Summary order to surrender or pay makes prima facie case in contempt proceedings for noncompliance.-In re J. H. Small Shoe Co., 16 F. (2d) 205. 303 (3) (U.S.C.C.A.La.) Proof that bankrupt conveyed property, but remained in possession thereof, prima facie establishes fraud. -Murphy v. Suir, 16 F. (2d) 269. 303 (3) (U.S.C.C.A.Mass.) Use of bankrupt's quick assets to pay notes on which sole stockholder was indorser held to evidence intent to create preference.-Essex Nat. Bank v. Hurley, 16 F. (2d) 427. Finding that bank had reasonable cause to believe bankrupt was insolvent when notes were paid held warranted.-Id. (F) Claims Against and Distribution of Estate. 314(6) (U.S.C.C.A.Neb.) Taxes are not "debts" in the ordinary sense, within Bankruptcy Act (Comp. St. § 9585 et seq.).-U. S. v. Bernstein, 16 F. (2d) 233. United States held to have right to prove tax St. §§ 9585, 9601, 9647, 9648]; General Order claim (Bankruptcy Act, §§ 1, 17, 63a, 64 [Comp. No. 17).-Id. 314(6) (U.S.C.C.A.Tex.) Trustee held bound though assessed in name of predecessor partto pay scheduled taxes due from bankrupt, nership (Bankruptcy Act, § 64, subd. a [Comp. St. § 9648]).-City of Dallas v. Menezes, 16 F.(2d) 779. 323 (U.S.C.C.A.La.) Deposit applied on notes at maturity may be credited to either of notes secured by same collateral, and balance may be proved in bankruptcy (Civ. Code La. art. 2166).-American Bank & Trust Co. v. Morris, 16 F. (2d) 845. 340 (U.S.D.C.N.Y.) Filing by city of verified claim for taxes is prima facie proof of claim, requiring evidence to overcome it.-In re Bradley, 16 F. (2d) 301. Prima facie case made out by verified proof of claim for personal property taxes against bankrupt held not overcome.-Id. creditor, 345 (U.S.C.C.A.Miss.) Judgment staying execution, held not entitled to priority after bankruptcy of judgment debtor (Bankruptcy Act, § 47a [U. S. Comp. St. § 9631]; Hemingway's Code Miss. § 607).-WinchesterSimmons Co. v. Phillips, 16 F. (2d) 109. 345 (U.S.D.C.N.Y.) Creditor supplying merchandise to bankrupt has priority only against creditors agreeing business should be continued and funds advanced for subsequent liabilities. In re Geo. P. Schinzel & Son, 16 F.(2d) 289. Banks and Banking For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 346 (U.S.D.C.N.Y.) Statute held to authorize bankruptcy court to determine amount and legality of taxes against bankrupt's estate (Bankruptcy Act, § 64a [Comp. St. § 9648]). -In re Bradley, 16 F. (2d) 301. V. RIGHTS, REMEDIES, AND DISCHARGE a VI. APPEAL AND REVISION OF PRO CEEDINGS. (A) Superintendence and Revision. award 440 (U.S.C.C.A.Md.) Adjudication ing validity of bankrupt's assignment of ac- 400 (4) (U.S.C.C.A.Neb.) United States held 440 (U.S.C.C.A.Md.) Controversy respectto have right to prove tax claim, and, as creditor, to object to trustee's determination of bankrupt's claim of exemption (Bankruptcy Act, §§ 1, 17, 63a, 64 [Comp. St. $$ 9585, 9601, 9647, 9648]; General Order No. 17).-U. S. v. Bernstein, 16 F. (2d) 233. Government, proving tax claim as creditor, must take exception to trustee's determination of bankrupt's claim of exemption within time allowed by general order (Bankruptcy Act, $$ 63a. 64 [Comp. St. §§ 9647, 9648]; General Order No. 17).—Id. United States held not entitled to object to exemption allowed bankrupt on ground that state taxes were not paid (Comp. St. Neb. 1922, §§ 9035, 9038).-Id. 407(2) (U.S.D.C.Fla.) That bankrupt did not have business or domicile within jurisdiction is not ground for objection to discharge (Bankruptcy Act, § 14 [Comp. St. § 9598]).In re Ishear, 16 F. (2d) 285. 407(5) (U.S.C.C.A.Va.) Bankrupt controlling stockholder, procuring loan for bankrupt corporation on false financial statements, held not entitled to individual discharge; "obtained" (Bankruptcy Act, § 14 [b], being Comp. St. §. 9598).-Levy v. Industrial Finance Corporation, 16 F. (2d) 769. 407 (5) (U.S.D.C.N.C.) Bankrupt's failure to notify creditor of change in financial condition shown by previous financial statement held not to defeat discharge. In re Kahn, 16.F. (2d) 501. To prevent discharge, bankrupt must have obtained money or property on credit on materially false written statement.-Id. 413(3) (U.S.D.C.Fla.) Specification of objection to discharge should be verified by objecting creditor. if possible, and, if not, by one duly authorized.-In re Ishear, 16 F. (2d) 285. 440 (U.S.C.C.A.Tex.) Order allowing bankrupts' claim of exemption held properly reviewable only by petition to revise (BankruptEngine & Pump Co. v. Pagel Electric & Ice cy Act, § 24b [Comp. St. § 9608]).-Southern Co., 16 F. (2d) 268. 440 (U.S.C.C.A.Va.) Order denying discharge in bankruptcy prior to 1926 act held reAct, § 25 [a], being Comp. St. § 9609; Act viewable exclusively by appeal (Bankruptcy May 27, 1926 [44 Stat. 662]).-Levy v. Industrial Finance Corporation, 16 F. (2d) 769. 444 (U.S.C.C.A.Tex.) Appeal from order allowing bankrupts' claim of exemption, not taken within 30 days, will not be treated as petition to superintend and revise (Circuit Court of Appeals rule 38).-Southern Engine & Pump Co. v. Pagel Electric & Ice Co., 16 F. (2d) 268. Law abolishing distinction between appeals and petitions to superintend and revise is not applicable to appeal taken more than 30 days after date of order (Act May 27, 1926, amending Bankruptcy Act).-Id. 446 (U.S.C.C.A.Cal.) Claim of no cause of action against creditor held determinable by trial court, and not on petition to revise.-McColgan v. Clark, 16 F. (2d) 433. bankruptcy proceeding cannot be disturbed by 446 (U.S.C.C.A.Tex.) Findings of court in F. (2d) 113. Circuit Court of Appeals.-In re Floore, 16 447 (U.S.C.C.A.N.Y.) On reversal of referee's order requiring surrender of property, ings, or opinion, retrial will be granted.-In re where there was no answer, issue, report, findPearlman, 16 F. (2d) 20. VII. COSTS AND FEES. 413(4) (U.S.C.C.A.Ohio) Objection to bank-482(1) (U.S.C.C.A.Tex.) Finding that atrupt's discharge need not specifically allege concealment of assets was knowing and fraudulent (Bankruptcy Act, § 14b, subd. 4 [Comp. St. § 9598]).-In re Levy, 16 F. (2d) 693. 413(4) (U.S.D.C.Fla.) Specification of objection to discharge because of perjury on examination must set out offense strictly.-In re Ishear, 16 F. (2d) 285. ~414(1) (U.S.D.C.N.C.) Bankrupt's evil intent in failing to notify creditor of change in financial conditions will not be presumed.-In re Kahn, 16 F. (2d) 501. con 414(3) (U.S.C.C.A.Ohio) Fraudulent cealment of leasehold estate to hinder, delay, and defraud creditors held proved, precluding bankrupt's discharge (Bankruptcy Act, § 14b, subd. 4 [Comp. St. § 9598]).—In re Levy, 16 F. (2d) 693. held 414(3) (U.S.C.C.A.Va.) Evidence show financial statements of corporate bankto rupt on which money was loaned were false, to knowledge of bankrupt controlling stockholder.-Levy v. Industrial Finance Corporation, 16 F. (2d) 769. 415(3) (U.S.C.C.A.Va.) Special report and findings on application for discharge master's are advisory, and should be disregarded if clearly wrong (Bankruptcy Act, § 14 [b], being Comp. St. § 9598).-Levy v. Industrial Finance Corporation, 16 F. (2d) 769. torneys were not employed by bankruptcy trustee, but were acting for creditor, and therefore not entitled to attorney's fees, held warranted. In re Floore, 16 F.(2d) 113. Allowance of fees to attorneys for bankruptcy trustee is largely within District Court's discretion.-Id. VIII. OFFENSES AGAINST BANKRUPT LAWS. 494 (U.S.C.C.A.Mich.) Indictment held sufficient to charge fraudulent concealment of property (Comp. St. § 9613).-Spiechowicz v. U. S., 16 F. (2d) 1001. found within one year after qualification of Indictment for concealing property must be trustee (Comp. St. § 9613).—Id. BANKS AND BANKING. II. BANKING CORPORATIONS AND AS- (E) Insolvency and Dissolution. 73 (U.S.D.C.N.C.) Depositor, who checked out proceeds of notes discounted at bank before it failed, held not entitled to possession of when notes were discounted.-Bryant v. Wildishonored notes, because of bank's insolvency liams, 16 F. (2d) 159. 77(6) (U.S.D.C.N.C.) Burden is on depositor, suing bank's receiver, to have deposit balance set off against depositor's liability as in |