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tract, and plaintiff was obliged to take the horses about looking for stabling, and the horses caught cold: Held that plaintiff could not recover damages for injury resulting from the illness of the horses. -McMahon v. Field, 44 L.T. 175; 29 W.R. 472.

(xvi.) H. L.-Breach of Forward Contract-Measure of Damages. - The damages for the breach of a forward contract to accept goods for which there is no market is the amount of damage actually sustained, the person who broke tne contract not being liable in respect of additional loss caused by the other party not doing what he reasonably ought to do, and he not being bound to act otherwise than in the ordinary course of business.-Lever v. Dunkirk Colliery Co., 43 L.T. 706.

(xvii.) Q. B. Div.-Champerty-Money Lent to carry on Litigation.-An agreement by a person having no interest in an action to furnish money to enable one of the parties to carry it on amounts to champerty, though the party who is to receive the money enters into no agreement to pro. ceed with the litigation.-Ball v. Warwick, 44 L.T. 218; 29 W.R. 468. (xviii.) C. A.-Contract to pay money to Third Party.-An agreement between two parties that one of them will pay a certain sum to a third party cannot be enforced by the third party.-Re Empress Engineering Co., L.R. 16 Ch. D. 125; 43 L.T. 742; 29 W.R. 342.

(xix.) H.L.-Guarantee-Building Agreement-Completion of Houses.-Plaintiff advanced money to T., who had agreed to build six houses for defendant, and defendant agreed to repay the money advanced on completion of the six houses in accordance with the contract between defendant and T. The contract provided that the houses were to be built under the direction of defendant's surveyor, and the first payment made on the surveyor's certificate of completion. In an action upon defendant's guarantee the jury found that the houses were completed according to the contract before commencement of the action: Held that the surveyor's certificate was not a condition precedent to the payment of the £110 to the plaintiff.-Lewis v. Hoare, 44 L.T. 66; 29 W.R. 357.

(xx.) C. P. Div.-Warranty-Estimated Quantity.-Plaintiffs were informed by a commission agent that defendant had about 150 tons of old iron in his yard for sale, and they wrote to defendant saying that they understood he had about 150 tons of iron for sale, and offered him 80s. a ton. Defendant accepted the offer, but only delivered 44 tons, that being the amount in the yard. The agent had seen the iron in the yard, and had said to defendant that it seemed about 150 tons, and the

reply was, 66 Yes, or more: "Held that there was no warranty as to quantity.-Mc Lay v. Perry, 44 L.T. 152.

Arbitration :

(iv.) C. A.-Award-Mistake.-A mistake by the arbitrator as to the legal effect of his finding is no ground for setting aside an award.--Greenwood v. Brownhill, 44 L.T. 47.

(v.) C. A.—Claim and Counter-claim--Costs to follow the Event.—A claim and counter-claim were referred to arbitration by an order providing that the costs were to follow the event unless otherwise ordered. The arbitrator awarded that a certain sum was due from plaintiff to defendant in respect of all matters in the action: Held that the award must be referred back to the arbitrator to find specifically the issues between the parties, and that "event" in the reference must be read distributively as if it were "events."-Ellis v. Desilva, 44 L.T. 209; 29 W.R. 493. Bankruptcy :

(xl.) C. J. B.-Act of Bankruptcy-Bill of Sale-Past Debt.-A farmer gave a bill of sale over all his available property to secure a past debt and

any further advances that might be made. Further advances amounting to £70 were made, but these had been more than recouped by the sale of hay off the farm prior to any bankruptcy proceedings: Held that the bill of sale was void against the farmer's trustee in bankruptcy. - Ex parte Thorpe, Re Parker, 43 L.T. 704.

(xli.) Ch. Div. V. C. H.-Agreement for Sale or Hire-Distress-Reputed Ownership-Fraud on Bankruptcy Laws.-An agreement for the hire of wagons at a yearly rent for a fixed period, with an option of purchase for a nominal price at the end of that period, is not, by reason of a stipu lation that lenders may distrain as ordinary landlords for arrears of rent upon the personal chattels of the hirer in the event of his bankruptcy, inoperative as against his general creditors.-Leman v. Yorkshire Wagon Co., 50 L.J. Ch. 293; 29 W.R. 466.

(xlii.) C. A.-Appeal-Stay of Proceedings.-Held, that an appeal from an adjudication in bankruptcy ought to stand over pending the trial of an action, the result of which, it was alleged, would be to render a fund available to satisfy the debt claimed by the petitioning creditor.-Ex parte Yeatman, Re Yeatman, L.R. 16 Ch. D. 283; 44 L.T. 260; 29 W.R. 457.

(xliii.) C. A.-Appeal by Trustee-Costs.-A trustee in bankruptcy presented an appeal against the admission of a proof, and before the hearing he was removed and a new trustee appointed who declined to proceed with the appeal. The appeal was ordered to stand over for a fortnight, and was then dismissed, none of the creditors having adopted it, and the respondent's costs were ordered to be paid out of the deposit so far as it would extend.-Ex parte Sheard, Re Pooley (2), L.R. 16 Ch. D. 110; 44 L.T. 260.

(xliv.) C. A.-Appeal from County Court-Time-Bankruptcy Rules, 1870, r. 143. -Sundays are excluded in computing the time to appeal from a County Court to the Chief Judge.--Ex parte Hall, Re Alven, L.R. 16 Ch. D. 501; 44 L.T. 8; 29 W.R. 298.

(xlv.) C. A.-Composition-Authority to carry on Business-Assignment of Book Debts.-Creditors of a liquidating debtor passed resolutions accepting a composition by instalments, and providing that the trustee should enter into possession of the debtor's stock-in-trade and effects on his failure to pay any instalment. The debtor continued to carry on his trade and assigned his book debts to secure advances which he applied in carrying on his business and paying instalments. He made default in payment of an instalment: Held that the assignment was good as against the trustee.-Ex parte Allard, Re Simons, L.R. 16 Ch. D. 505; 44 L.T. 35; 29 W.R. 406.

(xlvi.) C. A.-Composition-Debtor's Statement—Non-assenting Creditor.When a debtor, who makes a composition with his creditors, omits from his statement one debt due to a non-assenting creditor, but states another debt due to the same creditor, the creditor is not bound in respect of either debt.-Macdonald v. Chesney, 50 L.J. C.P. 87.

(xlvii.) C. J. B.-Composition-Reduction of Proof—Application by Bankrupt -Locus Standi.—An undischarged bankrupt who has undertaken to pay a composition has a locus standi to apply to the Court to reduce a proof. -Ex parte Bond, Re Bond, 43 L.T. 798; 29 W.R. 292.

(xlviii.) C. J. B.- Composition-Adjournment of Second Meeting-Bankruptcy Act, 1869, s. 126.-The creditors at a second meeting duly convened under sec. 126 of the Bankruptcy Act, 1869, have power to adjourn the meeting beyond the fourteen days specified in that section.-Ex parte Knowles, Re Jones, 44 L.T. 160.

(xlix.) C. A.—Composition Resolutions-Judgment Creditor-Seizure—Bankruptcy Act, 1869, s. 126.--A resolution accepting a composition at the first meeting of creditors under sec. 126 of the Bankruptcy Act, does not become an extraordinary resolution until confirmed at the second meeting, and is of no validity until duly registered; therefore a creditor of a compounding debtor who signs judgment and levies execution for his debt before such registration, obtains a valid security on the debtors property, and the fact of his having attended the first meeting of creditors without voting or proving, raises no countervailing equity against him.-Ex parte Maclaren, Re Maccolla, L.R. 16 Ch. D. 534; 50 L.J. Ch. 203; 44 L.T. 36; 29 W.R. 389.

(1.) C. A.-Composition Resolutions-Refusal to Register-Bankruptcy Act, 1869, s. 28. Under sec. 28 of the Bankruptcy Act an absolute discretion is given to the Court to refuse to register resolutions for composition. Decision of C. J. B. (Ex parte Murray, Re Durham, 43 L.T. 799) reversed.Ex parte Merchant Banking Co., Re Durham, 29 W.R. 363.

(li.) C. A.-Debtor's Statement-Omission.-A debtor in his statement described himself as formerly in partnership with certain persons. There were no joint assets or liabilities. The debtor did not mention this in his statement, but stated so subsequently at a general meeting of creditors: Held that the statement was insufficient and ought not to be registered.-Ex parte Buckley, Re Buckley, L.R. 16 Ch. D. 513; 44 L.T. 39.

(lii.) C. J. B.-Income of Bankrupt-Voluntary Allowance-Bankruptcy Act, 1869, s. 90.-A voluntary allowance of which the debtor is in receipt is an income within sec. 90 of the Bankruptcy Act, 1869, and the trustee is entitled to an order setting aside part of it.-Ex parte Chatterley, Re Wicks, 44 L.T. 159; 29 W.R. 400.

(liii.) C. A.-Jurisdiction of Court-County Court.-Where a matter properly within the jurisdiction of the Bankruptcy Court involves also the character and reputation of persons, it should not be tried before the County Court in which the bankruptcy is proceeding, but in an action in the High Court.-Ex parte Armitage, Re Learoyd, Wilson & Co., 44 L.T. 262.

(liv.) C. J. B.-Leaseholds-Disclaimer-Enlarging Time for.-The fact that the lessor has availed himself of provisions in the debtor's lease to compel the trustee in liquidation to pay half a year's rent in advance, is not a ground for enlarging the time for giving notice by the trustee whether he disclaims or not, after the expiration of the 23 days fixed by sec. 24 of the Bankruptcy Act.-Ex parte Harris, Re Richardson, L.R. 16 Ch. D. 613; 44 L.T. 282.

(Iv.) C. A.-Liquidation-Building Agreement-Bills of Sale Act, 1854, s. 7 (1).—A building agreement contained a clause that, upon default in performance on the builder's part, the landlord might re-enter, and thereupon all materials on the land should be forfeited to him: Held that the proviso for forfeiture was not void under sec. 7, sub-sec. 1, of Bills of Sale Act, 1854, against the trustee in liquidation of the builder.-Ex parte Newitt, Re Garrud, L.R. 16 Ch. D. 522; 44 L.T. 5; 29 W.R. 344. (lvi.) C. J. B.-Liquidation-Contractor's Lien for unpaid Purchase-money.— W. contracted with the debtor to put a set of machinery into a barge belonging to the debtor for £1,050, the money to be paid in two instalments, the first payable when the machinery was put in, the second after the trial trip. Part of the first instalment had been paid, and the barge was ready for the trial trip, when the debtor filed a liquidation petition, and a receiver having been appointed, he took possession of the barge,

which was then lying in dock, entered in the books in W.'s name: Held that W. had a lien on the barge and machinery for the money due under his contract.-Ex parte Willoughby, Re Westlake, L.R. 16 Ch. D. 604; 44 L.T. 111.

(lvii.) C. A.-Liquidation-Discharge of Debtor-Small Assets-Registration of Resolutions.-Creditors of a liquidating debtor resolved on a liquidation by arrangement, and gave the debtor an immediate discharge. The assets were very small, and the registration of the resolutions was opposed by a creditor on the ground that the liquidation was an abuse of the process of the Court: Held that the resolutions must be registered. Ex parte Matthews, Re Sharpe, 50 L.J. Ch. 284; 44 L.T. 117.

(Iviii.) C. A.—Liquidation-Payment of Receiver's Charges. —A receiver of a liquidating debtor's estate, who has handed over the property to the trustees in liquidation, is only entitled to the payment of his charges out of the net assets of the estate, and cannot call for an inquiry into the trustee's accounts.-Ex parte Brown, Re Maltby, L.R. 16 Ch. D. 497; 43 L.T. 682.

(lix.) C. A.-Liquidation Petition before Adjudication.-When once there is adjudication in bankruptcy there is no longer power to go on with an arrangement of the debtor's affairs already commenced, either by way of composition or in liquidation.-Ex parte Bennett, Re Ward, L.R. 16 Ch. D. 541; 44 L.T. 38; 29 W.R. 343.

(lx.) C. J. B.—Petitioning Creditor's Debt-Equitable Mortgage—Interest.—A debtor deposited title deeds with a creditor to secure principal and interest up to a certain date, and agreed to execute, when called upon, a legal mortgage to secure the principal and interest at the rate aforesaid. Neither principal nor interest had been paid: Held that the contract was to pay interest at the same rate till repayment of the principal, and that such interest constituted a good petitioning creditor's debt.Ex parte Furber, Re King, 44 L.T. 319; 29 W.R. 524.

(lxi.) C. A.-Proof-Bill of Exchange.-A holder of an accommodation bill is entitled to prove for the full amount of the bill against the estate of the acceptor in bankruptcy, irrespective of value received, but he may not receive dividends for more than the amount due to him.-Ex parte Griffin, Ex parte Newton, Re Bunyard, L.R. 16 Ch. D. 330; 44 L.T. 232; 29 W.R 407.

(lxii.) C. J. B.-Proof-Part Payment by Surety-Reluction of Proof.—After a bank had proved its debt, but before the receipt of any dividend, a third person paid to the bank the amount for which he was liable as the debtor's surety: Held that such amount must be deducted from the amount of the proof, though, by the bond of suretyship, the surety gave up to the bank all his right to dividends under the bankruptcy of the debtor in part satisfaction of his liability under the bond.—Ex parte National Provincial Bank, Re Rees, 44 L.T. 159.

(lxiii.) C. J. B.-Proof-Partnership—Share of Deceased Partner.—One of three partners having died, the survivors retained in the business, with. out any authority to do so, the deceased partner's share of the capital, and divided the profits between themselves equally. They afterwards filed a liquidation petition. There were still some joint debts of the old firm unpaid: Held that the administratrix of the deceased partner could not prove, in the liquidation, in competition with his creditors in respect of his share of the capital.-Ex parte Blythe, Re Blythe, L.R. 16 Ch. D. 620.

(lxiv.) C. A.-Receiver in Action-Receiver in Bankruptcy Bankruptcy Act, 1869, s. 95.-A receiver appointed on behalf of an execution creditor

cannot lawfully seize when a receiver in bankruptcy has been appointed, though the creditor may not have had any notice of an act of bankruptcy by the debtor.-Salt v. Cooper, L.R. 16 Ch. D. 544; 43 L.T. 682. (lxv.) C. J. B.-Secured Creditor-Garnishee Order--Bankruptcy Act, 1869, ss. 16 (5), 95 (3).—A judgment creditor who, prior to the presentation of a bankruptcy petition against, but after the commission of an act of bankruptcy by the debtor of which he has no notice, has obtained a garnishee order nisi attaching moneys due to the debtor, is a secured creditor within sec. 16, sub-sec. 5, of the Bankruptcy Act, and such garnishee order is an attachment against the goods of the bankrupt within sec. 95, sub-sec. 3- Ex parte Pillers, Re Curtoys, 44 L.T. 224. (lxvi.) C. A.—Trustee-Removal of― Bankruptcy Act, 1869, s. 83 (4).— Though the registrar can only remove a trustee on good cause shown, yet where in removing a trustee he has exercised his judicial discretion according to law, the Court of Appeal will not disturb his order.-Ex parte Sheard, Re Pooley (1), L.R. 16 Ch. D. 107; 44 L.T. 259.

Bill of Exchange:

(ii.) H. L.-Forged Acceptance-Adoption of Signature.-Where a person's signature to a bill of exchange has been forged, his mere silence for a fortnight after he first knew of the forgery, during which time the position of the bank which discounted the bill is not altered, will not be held to be an admission or adoption of liability, nor will it work an estoppel.McKenzie v. British Linen Co., L.R. 6 App. 82; 29 W.R. 477.

(iii.) C. A.-Indorsement-Right to sue subsequent Indorser ·Circuity of Action.-Plaintiffs drew bills on U., in respect of goods supplied to him which he accepted, and which plaintiffs indorsed to defendant, and defendant indorsed back to plaintiffs. The bills were dishonoured on presentation. In an action by plaintiffs against defendant, the jury found that defendant had indorsed and become surety as indorser to plaintiffs, so as to secure payment for the goods: Held that, as there was no consideration for the indorsement from the plaintiffs to defendant, the plaintiffs were entitled to judgment.- Wilkinson v. Unwin, 29 W.R. 458. (iv.) C. A.-Remittances to cover Acceptance-Appropriation.-A bank was in the habit of drawing bills on a company which the latter accepted, and the bank remitted bills to the company to provide for meeting the acceptances. The company stopped payment having accepted bills for the bank which had not yet fallen due. At the time of the stoppage, the bank had remitted bills to the company some of which had been dis. counted. The acceptances were not met, and the bank had to take up the bills drawn by it: Held that the bank was not entitled to follow the proceeds of the bills which had been discounted before the stoppage, but was entitled to the proceeds of those which had remained in specie.Re Gothenburg Commercial Co., 44 L.T. 166; 29 W.R. 358.

(v.) H. L.-Right to Securities held by Creditor.-R., a member of a firm of R. and Co., deposited title deeds with the W. bank as security for the floating balance due from his firm. Afterwards D. sold a cargo to R. and Co. who paid for it by a bill of exchange which D. indorsed and paid into the W. bank. R. and Co. stopped payment before the bill became due: Held that D. was entitled to have the security held by the bank handed over to him on payment of the balance due from R. and Co. to the bank.-Duncan, Fox & Co. v. North and South Wales Bank, L.R. 6 App. 1; 43 L.T. 706.

(vi.) Q. B. Div.-Undertaking to Renew.-Defendants accepted a bill pay. able at four months, upon a written undertaking that, if at the maturity of the bill they had not been paid monies due to them on the return of a

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