District Court's jurisdiction as court of equity to recover preferences is not exclusive.-Id. 288(5) (U.S.C.C.A.La.) Summary jurisdiction exists as to property in court's possession. -Autin v. Piske, 24 F. (2d) 626.

tion of suit by trustee to recover property transferred to defraud creditors, and in absence of bona fide adverse claim may exercise it. summarily through referee (Bankr. Act, § 67e [11 USCA § 107]).-Autin v. Piske, 24 F. (2d) 626.

235 (U.S.C.C.A.N.Y.) Special commissioner could be appointed to conduct examination in bankruptcy proceeding at which defendant was charged with testifying falsely (Bankr. Act. §§ 21a, 29b [11 USCA §§ 44, 52]; Cr. Code, § 125 18 USCA § 231]).—Magen v. U. S., 24 F. (2d)

325.

Special commissioner, conducting examination at which defendant was charged with testifying falsely in bankruptcy proceeding, was not required to take oath (Bankr. Act, §§ 21a, 29b [11 USCA §§ 44, 52]; Cr. Code, § 125 [18 USCA § 23z]).-Id.

diction to determine whether adverse claim is colorable or made in good faith.-Autin v. Piske,

24 F. (2d) 626.

288 (8) (U.S.C.C.A.Mass.) Referee held without power to avoid preferences in summary proceedings on petition filed by receivers before adjudication (Bankr. Act, § 2 [3]; 11 USCA § 11).-Brenner v. Sawyer, 24 F. (2d) 167.

288(14) (U.S.C.C.A.La.) Finding by referee that adverse claim to property was colorable only held sustained by evidence.-Autin v. Piske, 24 F. (2d) 626.

290 (U.S.C.C.A.Cal.) Payment to certain creditors of proceeds of bankrupt's sale of goods is of itself no defense to trustee's action for goods or their value (Civ. Code Cal. § 3440; Bankr. Act, § 70e [11 USCA § 110]).—Schainman v. Dean, 24 F. (2d) 475.

255 (U.S.C.C.A.La.) Generally, landlord may recover rent for premises occupied by bankrupt's trustee.-Lerner Stores Corporation v. Electric Maid Bake Shops, 24 F. (2d) 780. Landlord was not entitled to lien on bankrupt tenant's property left on premises after sale, in absence of lease to purchaser (Rev. Civ. Code La. art. 2708).--Id.

255 (U.S.C.C.A.Wis.) Lessor's claim for reasonable value of use of premises by bankruptcy trustee is payable as part of costs of administration, if premises were retained for estate's benefit.-In re Chakos, 24 F. (2d) 482.

255 (U.S.D.C.Mass.) For occupancy by receiver or trustee of premises leased to bankrupt, landlord is entitled to fair rental value, presumptively amount reserved in lease.-In re Nathanson, 24 F.(2d) 760.

267(2) (U.S.C.C.A.La.) Landlord, having lien on bankrupt tenant's movable property, subject to prior chattel mortgages, could enforce claim on proceeds after satisfying chattel mortgages. Lerner Stores Corporation v. Electric Maid Bake Shops, 24 F. (2d) 780.

Fixing lienholders' contributions to cost of administration on basis of proportionate shares in proceeds of incumbered property held error (Bankruptcy Act, § 67d [11 USCA § 107]).

-Id.

267(3) (U.S.C.C.A.La.) Landlord, having statutory lien on bankrupt tenant's movable property, is entitled to proceeds on paying what it would otherwise have cost to enforce his lien. -Lerner Stores Corporation v. Electric Maid Bake Shops, 24 F. (2d) 780.

(E) Actions by or Against Trustee. 287(1) (U.S.D.C.Mass.) Trustee may sue at law to recover preferential transfer (Bankr. Act, § 60b [11 USCA § 96(b)]).-Foster v. Zellman, 24 F. (2d) 1002.

287 (2) (U.S.C.C.A.Cal.) Trustee, avoiding transfer violating state Bulk Sales Act, may sue for property or conversion (Bankr. Act. § 70e [11 USCA § 110]; Civ. Code Cal. § 3440). Schainman v. Dean, 24 F. (2d) 475.

287 (3) (U.S.C.C.A.Cal.) Trustee, avoiding transfer violating state Bulk Sales Act, may sue in law or equity (Bankr. Act. § 70e [11 USCA § 110]; Civ. Čode Cal. § 3440).-Schainman v. Dean, 24 F. (28) 475.

287(3) (U.S.D.C.Mass.). Equity side of court may be resorted to for recovery of preferences.-Foster v. Zellman, 24 F. (2d) 1002.

recover collaterals. bought in by bankrupt's pledgee after adjudication, held within jurisdietion of federal District Court (Bankr. Act, §§ 67e, 70 [11 USCA §§ 107, 1101)-State Trust & Savings Bank v. Dunn, 24 F. (2d) 477. Court was required to take jurisdiction and de293(2) (U.S.C.C.A.Tex.) Federal District cide equities, where bill by trustee stated cause

of action (Bankr. Act, § 67e [11 USCA § 107]). State Trust & Savings Bank v. Dunn, 24 F. (2d) 477.

296 (U.S.C.C.A.Cal.) Jurisdiction of bankruptcy and state court is concurrent.-Schainman v. Dean, 24 F. (2d) 475.

302(1) (U.S.C.C.A.Tex.) Bill by trustee, alleging title to certain collaterals transferred by bankrupt within the four-months period to defraud creditors, held to state cause of action (Bankr. Act, § 67e [11 USCA § 107]).—State Trust & Savings Bank v. Dunn, 24 F. (2d) 477.

303 (5) (U.S.C.C.A.Cal.) Finding that sale of $4,000 worth of merchandise was "substantial part" of $20,000 to $25,000 stock, within Bulk Sales Act, held warranted (Civ. Code Cal. § 3440). Schainman v. Dean, 24 F. (2d) 475.

303 (5) (U.S.C.C.A.Cal.) Evidence held not to sustain decree that realty title to which was taken in name of bankrupt's wife, was conveyed to defraud bankrupt's creditors (Civ. Code Cal. §§ 164, 168).-In re Laugharn, 24 F. (2d) 508.

303 (5) (U.S.C.C.A.Tenn.) Evidence held to sustain finding of absence of consignor's fraud in action by consignee's trustee in bankruptcy to require return of goods taken by consignor from bankrupt's store.-McCallum v. Bray-Robinson Clothing Co., 24 F. (2d) 35.

305 (U.S.Č.C.A.Tex.) Pledgee, buying in pledged collaterals for amount of debt, held liable to pledgor's trustee in bankruptcy, not notified of sale, for value of collaterals less debt. -State Trust & Savings Bank v. Dunn, 24 F. (2d) 477.

(F) Claims Against and Distribution of Estate.

318(4) (U.S.C.C.A.Wis.) Rent due on filing petition and damages for breach of lease are allowable as general claims against bankrupt's estate. In re Chakos, 24 F. (2d) 482.

324 (U.S.C.C.A.La.) Mortgagee may collect interest to date of filing petition.-Lerner Stores Corporation v. Electric Maid Bake Shops, 24 F. (2d) 780.

339 (U.S.C.C.A.III.) Claimant, obtaining injunction against bankrupt's state court suit

80 (7) (U.S.C.C.A.Idaho) City cannot claim
any preference as to funds deposited in bank
creating relation of debtor and creditor.-Amer-
ican Surety Co. of New York v. Jackson, 24 F.
(2d) 768.

City may recover deposits made in violation of
law from bank's receiver, if not theretofore paid
out or dissipated.--Id.

Surety becoming subrogated to rights of city
may recover funds unlawfully deposited by city
treasurer (Idaho Laws 1921, c. 256, superseding
Idaho Laws 1893, p. 111).—Id.

80(7) (U.S.D.C.Idaho) Postal funds depos-
ited by postmaster in state bank held "debts due
United States," within priority statute__(31
USCA §§ 191, 192; 39 USCA §§ 46-48).-U. S.
ex rel. Ray v. Porter, 24 F. (2d) 139.

Closing of bank and taking over control by
state officer held voluntary assignment for bene-
fit of creditors, and "act of bankruptcy," within
priority statute (31 USCA § 191).-Id.

Right of United States to priority of its debts
in case of insolvency cannot be governed by
state laws (31 USCA § 191).—Id.

Closing of bank by majority of directors and
liquidation by state officer held an "act of bank-
ruptcy," within priority statute (31 USCA §
191).-Id.

80(7) (U.S.D.C.Idaho) Bankruptcy of bank,
entitling government to priority in deposits held
shown, where bank was administered by state
officer, directors and stockholders acquiescing
(31 USCA § 191).-U. S. ex rel, Ray v. Porter,
24 F. (2d) 709.

~80(10) (U.S.D.C.Idaho) United States,
having priority in state bank's funds, is entitled
to injunction preventing state officer, liquidating
bank from making any payments until United
States is paid (31 USCA § 191).-U. S. ex rel.
Ray v. Porter, 24 F. (2d) 139.

III. FUNCTIONS AND DEALINGS.
(A) Banking Franchises and Powers, and
Their Exercise in General.

99 (U.S.C.C.A.S.D.) Guaranty of indebted-
ness due and of certificates of deposit which
debtor bank might transfer to creditor bank held
to cover debtor bank's certificate of deposit
which depositor delivered to creditor bank.
Akre v. Liberty State Bank of Minneapolis, 24
F. (2d) 816.

Guaranty of notes sold or rediscounted by

debtor bank held not to cover certificate of de-
posit issued by it, which depositor delivered to
creditor bank.-Id.

(F) Exchange, Money, Securities, and In-
vestments.

1882 (U.S.C.C.A.III.) Declaration alleging
delivery of money, and defendant's failure to de-
posit it in Hungarian bank or deliver passbook,
held good on general demurrer.-Boer v. Revesz,
24 F. (2d) 103.

1881/2 (U.S.D.C.Fla.) Contract whereby
telegraph company, transmitting money, limit-
ed liability as initial carrier, held valid.-Basila
v. Western Union Telegraph Co., 24 F. (2d)

569.

Telegraph company, limiting liability as initial
carrier, held not liable for loss after delivering
money to another medium.-Id.

1882 (U.S.D.C.N.Y.) Direction to bank to
remit money to Germany "to-day" held to re-
quire remittance within reasonable time only.
Aachen & Munich Fire Ins. Co. v. Guaranty
Trust Co. of New York, 24 F. (2d) 463.

1881/2 (U.S.D.C.N.Y.) Contract to remit
money to Germany by witness held breached,
where remittance was not made within ten days.
-Aachen & Munich Fire Ins. Co. v. Guaranty
Trust Co. of New York, 24 F. (2d) 465.

IV. NATIONAL BANKS.

286 (U.S.C.C.A.Idaho) Withdrawal of city
funds by bank cashier as city treasurer imme-

diately preceding bank's suspension of business
held void (12 USCA § 91).-American Surety
Co. of New York v. Jackson, 24 F. (2d) 768.

2882 (U.S.C.C.A.Mo.) Evidence held in-
sufficient to take to jury prosecution for mis-
application of funds of member bank of Fed-
eral Reserve Bank (12 USCA § 592).-Long
v. U. S., 24 F. (2d) 946.

Misapplication of funds with intent to de-
fraud must be shown, in prosecution for mis-
application of funds of member bank of Fed-
eral Reserve Bank (12 USCA § 592).-Id.

2881/2 (U.S.C.C.A.Okl.) In prosecution for
making false entries in books of national bank,
it must be alleged and proved that bank was
member of Federal Reserve System (12 USCA
§ 592). Clark v. U. S., 24 F. (2d) 696.

2 (U.S.C.C.A.Fla.) Statute punishing ac-
ceptance of bribe by government officers held not
superseded by later enactment as to internal
USCA § 2071; 26 USCA § 64).-Smiler v. U. S.,
revenue officers or agents (Cr. Code, § 117 [18
24 F. (2d) 22.

6(1) (U.S.C.C.A.N.C.) Indictment for of-
fering bribe to federal prohibition agent held
sufficient (Cr. Code, § 39 [18 USCA § 91]).—
Henderson v. U. S., 24 F. (2d) 811.

13 (U.S.C.C.A.Fla.) Evidence of acceptance
of bribe by internal revenue agent to influence
action in favor of taxpayer held for jury.-Smiler
v. U. S., 24 F. (2d) 22.

CANCELLATION OF INSTRUMENTS.

II. PROCEEDINGS AND RELIEF.

34(1) (U.S.C.C.A.Fla.) Suit to cancel deed
for fraud, brought more than 20 years after ex-
ecution, held barred by laches (Rev. Gen. St.
Fla. 1920, §§ 2932, 2939 [5]).-Scott v. Empire
Land Co., 24 F. (2d) 417, affirming decree (D.
C.) 5 F. (2d) 873.

37(8) (U.S.C.C.A.Fla.) Bill held not to
state cause of action for cancellation of con-
tract for sale of real estate to complainant.-
Martin v. O'Neill, 24 F.(2d) 700.

47 (U.S.D.C.Pa.) Evidence held to show
that statements in application that insured was
in good health were knowingly false, justifying
rescission of policies.-Bankers' Life Co. v.
Dixon, 24 F. (2d) 241.

CARRIERS.

I. CONTROL AND REGULATION OF COM-
MON CARRIERS.
(A) In General.

2 (U.S.D.C.Idaho) Statute regulating use
of highways by transportation companies held
not unconstitutional (Laws Idaho 1927, c. 237;

and June 10, 1896] art. 2 [a], [c], [d]; 33
USCA § 72).-The City of Rome, 24 F. (2d)
729.

X. NARROW CHANNELS, HARBORS, RIV.
ERS, AND CANAIS.

95(4) (U.S.C.C.A.N.Y.) Small launch held
at fault for collision with barge being maneu-
vered out of slip by tug, where it did nothing to
get out of way.-The Socony No. 19, 24 F. (2d)
653.

XI. SPECIAL CIRCUMSTANCES AND ER-
RORS IN EXTREMIS.

106 (U.S.C.C.A.N.Y.) Case of vessel ma-
neuvering to leave slip is one of "special circum-
stances." The Socony No. 19, 24 F. (2d) 653.

XII. SUITS FOR DAMAGES.
(A) Right of Action and Defenses.
115 (U.S.C.C.A.N.Y.) Colliding vessel is
responsible in full to cargo owners of carrying
vessel, where both vessels are at fault (Harter
Act [46 USCA §§ 190-195]).-In re U. S. Steel
Products Co., 24 F. (2d) 657, reversing order
(D. C.) 16 F. (2d) 306.

(B) Parties, Preliminary Proceedings, and
Pleading.

116 (U.S.C.C.A.N.Y.) Cargo owners of pri-
vately owned vessel colliding with government
vessel, which sank, held entitled to intervene in
claim by United States for recovery of value of
government vessel.-In re U. S. Steel Products
Co., 24 F. (2d) 657, reversing order (D. C.) 16
F. (2d) 306.

(D) Damages.

130 (U.S.D.C.N.Y.) Interest on damages
sustained in collision are ordinarily computed
from date of collision, or date expenditures for
repairs become payable.-The North America,
24 F. (2d) 846.

Interest on collision damages held limited to
period of one year from entry of interlocutory
decree two years after collision, plus accrued in-
terest from time of collision.-Id.

Allowance of interest on damages from col-
lision is not absolute right, but rests in court's
discretion.-Id.

Interest on recovery for collision may be re-
duced for delay in bringing cause to final deter-
mination, though delay was caused by commis-

sioner. Id.

136 (U.S.D.C.N.Y.) Four days' allowance
for survey and preparing specifications for re-
pairs to schooner damaged in collisions held rea-
sonable and fair.-The North America, 24 F.
(2d) 846.

Detention for taking schooner damaged in two
collisions to nearest repair yard to complete re-
pairs necessitated by one collision held properly
charged against respondent not responsible for
such collision.-Id.

148 (U.S.C.C.A.N.Y.) Before sum awarded
as value of vessel sinking after collision is paid
to owners, just claims against it must be paid.
-In re U. S. Steel Products Co., 24 F. (2d) 657,
reversing order (D. C.) 16 F. (2d) 306.

Recovery by United States of value of vessel
sunk in collision is subject to maritime liens
of cargo owners.-Id.

COMMERCE.

I. POWER TO REGULATE IN GENERAL.

8(7) (U.S.D.C.Fla.) Power of state to leg-
islate with reference to interstate commerce of
telegraph companies was suspended by federal
legislation thereon (Act June 18, 1910 [36
Stat. 539], amending Interstate Commerce
Act).-Basila v. Western Union Telegraph Co.,
24 F.(2d) 569.

State statutes relating to attorney's fees
have no application in action against telegraph
company for failure to deliver money in inter-
state and foreign commerce (Act June 18, 1910
[36 Stat. 539], amending, Interstate Commerce
Act).-Id.

10 (U.S.D.C.Idaho) In absence of national
legislation, state may regulate use of highways,
and impose license fees on motor vehicles mov-
ing in intrastate or interstate commerce.-Sang-
er v. Lukens, 24 F. (2d) 226.

II. SUBJECTS OF REGULATION.

28 (U.S.D.C.Fla.) Transfer of money by
telegraph from Florida to New York consti-
tutes "interstate commerce."-Basila v. West-
ern Union Telegraph Co., 24 F. (2d) 569.

33 (U.S.D.C.Fla.) Transmission of money
by express company from New York to Syria
is "foreign commerce."-Basila
V. Western
Union Telegraph Co., 24 F. (2d) 569.

III. MEANS AND METHODS OF REGULA-
TION.

60(1) (U.S.C.C.A.Tex.) Interstate contract
of sale cannot be rendered invalid by state stat-
ute (Rev. St. Tex. 1925, arts. 7426, 7437).—
Hughes Bros. Mfg. Co. v. Cicero Trust & Sav-
ings Bank, 24 F. (2d) 199.

69 (U.S.D.C.Wash.) That state tax impos-
ed on foreign corporation, doing both interstate
and intrastate business, is based on authorized
capital stock, does not render it invalid, as bur-
den on intrastate commerce, or tax on property
beyond state's jurisdiction.-Cudahy Packing Co.
v. Hinkle, 24 F. (2d) 124.

State statute imposing excise taxes on foreign
corporations held not unconstitutional, as ap-
plied to corporation doing chiefly interstate busi-
ness (Rem. Comp. Stat. Wash. §§ 3836, 3837
[amended by Laws Wash. Extra Sess. 1925, pp.
417, 418, §§ 1, 2]; § 3841 [amended by p. 418, §
31; $$ 3843, 3844 [amended by Laws Wash.
1923, p. 465, §§ 5, 61; § 3846; § 3853 [amended
by Laws Wash. Extra Sess. 1925, p. 410, § 1];

$$ 3855, 3861).-Id.

77 (U.S.D.C.N.Y.) Tax on income of ex-
port corporation held not tax or duty on arti-
cles exported from state (Revenue Act 1918,
§§ 230[a], 301 [Comp. St. §§ 6336% nn, 6336-
16aa]; Const. art. 1, § 9, par. 5).-Neuss
Hesslein & Co. v. Edwards, 24 F. (2d) 989.

IV. INTERSTATE COMMERCE COM-

MISSION.

92 (U.S.D.C.Me.) Question of construction
of published tariffs, as applied to certain ship-
ments, is within jurisdiction of courts.-Ingalls
v. Maine Cent. R. Co., 24 F. (2d) 113.

CONSPIRACY.

I. CIVIL LIABILITY.
(B) Actions.

view.

150 (U.S.D.C.N.Y.) Ordinarily findings of
commissioner in admiralty on conflicting testi-
mony are accepted.-The North America, 24 F.
(2d) 846.

Finding that master of damaged schooner was
justified in refusing tow, and that delay while
awaiting towage was due to factors common to
two collisions, held not disturbed.-Id.

fendants jointly and severally with infringement
and unfair competition held to require answer.-
Premier Malt Products Co. v. G. A. Ackerman
Printing Co., 24 F. (2d) 89.

II. CRIMINAL RESPONSIBILITY.
(A) Offenses.

23 (U.S.C.C.A.Fla.) Knowledge of conspir-
acy by others and sympathy with and approval