Opinion of the court. necessary to correct errors in the action which he in that way secured for his own benefit. I conclude, therefore, that the defence of the statute of limitations cannot be sustained, and that the case was properly in the District Court for adjudication, as a suit in equity, when the decree was rendered. One further suggestion only, made by the defendants against an affirmance of the decree, remains to be considered. It is claimed that before there can be a recovery against the defendants, the amount of debts owing by the bankrupt must be ascertained. This I do not consider necessary. The schedules which are filed as evidence show an indebtedness far in excess of the value of the goods. This certainly makes a prima facie case for recovery. The presumption is that all debts will be proved if there are assets for distribution. But, be that as it may, as the sale is void under the Bankrupt Law, and some debts have been proven, the assignee is entitled to his decree, leaving the defendant to make good his claim, if any he has, to any surplus that may remain after the debts are satisfied. It follows that the decree must be affirmed under the appeal of Lisberger. The complainant has, however, appealed, and insists that the value of the goods was greater than was found by the District Court. The evidence upon this branch of the case is quite unsatisfactory. It consists almost exclusively of the estimates of witnesses which are to my mind very unreliable. If the case had not been so long pending I would send it to a master, but it is very doubtful whether at this late day any more satisfactory testimony could be obtained than that which is now here. There is nothing to show what the general character of the stock was, whether new or shopworn; but when the order for its restoration to Lisberger was made, the goods were in the possession of the marshal, and subject to the inspection of all parties interested. At that time a bond with a penalty of eight thousand dollars was considered sufficient to protect the creditors against loss. Under these circumstances I am inclined to concur in the opinion of the district judge, and to adopt the valuation fixed for the purpose of the sale as the amount of the recovery. Opinion of the court. As it seems to be conceded that the goods cannot be restored to the assignee, let a decree be prepared finding the sale to Lisberger void under the Bankrupt Law, and ordering him to pay the assignee $561814, with interest from May 16th, 1870, as the value of the goods in lieu of their delivery; and, in default, that execution issue as at law. As to the other defendants, the bill is dismissed without prejudice to the right of the complainant to proceed against them at law upon the bond in case it shall become necessary. Lisberger to pay all costs below and here. INDEX TO SUBJECTS. AGENT. 1. An agent, who for years has had a running account with his principal, 2. When an agent who is largely in advance to his principal, and who has 3. Insurance companies, though stipulating that a provision in their policy 4. When employer is responsible for injury to employé, 337. AUTHORITY TO PUNISH ON SHIPBOARD. 1. Authority to punish on board of a merchant ship is vested primarily in 2. This authority is of a summary character, but not of a military charac- BALTIMORE AND OHIO RAILROAD COMPANY. 1. An increase of stock in the form of stock dividends, did not entitle the 2. A deed from the Secretary of War to this company, ceding to it author- BILL IN EQUITY. 1. A bill will lie to set aside the satisfaction of a docketed judgment, where 3. A bill will lie where an action of indebitatus assumpsit might have been 5. A petition against a bankrupt, and against his sureties in a bond for CHECKS ON A BANK. Instance of what are not, 189. CIVIL RIGHTS BILL OR ACT. 1. It was unnecessary in North Carolina, 541. 2. Not intended to establish social equality, but only to secure equal legal 3. Perhaps unconstitutional in any of its legislation affecting rights as CLERK'S FEES. Due the clerk as officer of the court, and not as agent of the successful COMPLAINANTS IN A BILL. Where the controversy is between different classes of shareholders in a COMPLAINANTS IN SUIT. 1. Not estopped by the principle of res judicata unless all the requisites of 2. When not parties to the record, not barred by a judgment which held COMPTROLLER OF THE CURRENCY. His letter to a receiver of a bank, stating the necessity for enforcing the CONFESSIONS. Confessions extorted by one in authority not admissible in evidence against CONSPIRATORS. Each member responsible for the acts of the remainder done in furthering Constitutionality of the 4th section of the Enforcement Act of 1870, 493. 1. Compellable by mandamus to make special levies necessary to pay their 2. Suit may be brought against a single shareholder who owns nearly all 3. Shares in a corporation confiscated by the United States and sold under 5. Have no powers other than those granted by their charter or necessary COURT-MARTIAL. Acquittal under a court-martial not a bar to a subsequent indictment at CREDITOR'S BILL IN STATE COURT. Does not bar proceedings of a creditor not a party to the bill, who brings DEBT. 1. Ante-Revolutionary debts to British subjects were recoverable after the 2. Debts due the United States by one of their officers and paid under DECLARATION IN A SUIT BASED ON A FRAUDULENT PREF- May allege that a payment against the provisions of the Bankruptcy Act DECREE. 1. A decree taken by default through neglect of counsel for the defendant, 2. United States Circuit Court has no power to set aside decrees in equity, 3. Rule 88th in equity is imperative and must be enforced, 163. 4. What is a final decree? 167. DEED OF PREFERENCE. A deed of preference which has been duly executed for a longer period |