INDEX. A. ABATEMENT (OF LEGACY.) Vide WILL, 4. ABSENCE. 1. On bill, stating that J. B. S. left the state more than seven years before, and had not been heard from, and founded on the presumption of his death thence arising, and answer admitting the absence but denying that he had not been heard from, and stating that the defendants are informed and believe that he had been heard from, and replication Held, that unless the defendants made proof that J. B. S. was alive within the seven years, the presumption of his death arising at the expiration of the seven years stood. Smith v. Ex'rs of Smith, 484 ACCOUNT. Vide Prerogative Court, 3, 6. Specific Performance, 3. Executors and Administrators, 1, 2, 3, 4. ADMINISTRATION BOND. Vide Prerogative Court, 1, 2. ADMINISTRATORS. Vide Executors and Administrators. ADVANCEMENT. Vide Prerogative Court, 4, 5. 1. On motion on bill and notice for an injunction and the AGREEMENT. ALIMONY. Vide Amendment, 3. 365 Vide Specific Performance, 4, 5, 6, 7, 8, 9, 11. 1. Alimony pending the suit, and money to defray the expenses of it, allowed on a bill by the wife against the husband for support and maintenance, charging that he had abandoned her and refused to maintain and provide for her. Paterson v. Paterson, 389 2. On bill by a wife against her husband for alimony and maintenance and for the support and maintenance of their child, and answer put in by the husband, and petition filed by the complainant for a proper allowance until the final termination of the suit, and for an order directing the defendant to pay a proper sum for counsel fees and to defray the expenses of the suit, the court, under the cirsumstances of the case, made an order directing the husband to to pay $250 per week towards the support of the child and the complainant while she should keep the child, until the further order of the court; and made no order as to counsel fees and expeuses of the suit. Ballentine v. Ballentine, 471 AMENDMENT. 1. An application for leave to amend an answer, or file a supplemental answer, after depositions have been taken, should be listened to with distrust. Bell v. Hall, 49 2. The defendant had answered that he did not know of a certain agreement until after the assignment to him of a certain judgment and execution. The execution had been levied on the goods of the defendant in the execution. The defendant in this court, who had put in his answer, had released the goods levied on from the lien of the execution. He moved for leave to amend his answer by stating that he did not know of the agreement until after he had executed the release, or for leave to file a supplemental answer to make that allegation. The motion was denied. ib. 3. What the affidavit on which an application for leave to amend an answer or file a supplemental bill should, in general, state. ANSWER, Vide Pleadings, III. APPEAL. ib. 1. An appeal lies from an order dissolving an injunction. Chegary v. Scofield, 525 2. The appeal itself does not stay proceedings on the order appealed from. ib. 3. After appeal, the court of errors and appeals may stay proceedings on the order appealed from; and this power extends to orders dissolving injunctions. ib. 4. An order of the court of errors and appeals staying proceedings under an order dissolving an injunction, which last order was appealed from, was, under the circumstances of the case, vacated at the next subsequent term. ib. 5. No appeal lies from the decree of the ordinary or surrogate general in the matter of the assignment of dower. Anthony v. Anthony. 627 6. On bill filed the complainant had obtained an injunction. restraining the defendant from aliening or incumbering certain real estate which was in controversy between the complainant and defendant, and from collecting or receiving the rents; and had also obtained an order appointing a receiver of the rents and profits. Afterwards, the Chancellor made an order authorizing the receiver, instead of collecting the rents himself, to permit the defendant to do it for him, until the further order of the court, upon the defendant's giving bond with satisfactory security for the payment to the receiver of the rents received by him. Held, that such order could not be appealed from. Garr v. Hill, ASSETS. 639 Character of assets whether legal or equitable. Corrigan v. Distribution of assets, Vide Heirs and Devisces, 1. ASSIGNNMENT AND ASSIGNEE. Vide Corporations, 8, 9, 10. Mortgage, 3. Specific ASSIGNMENT (for Benefit of Creditors.) Vide Mortgage, 1. ATTACHMENT. Vide Mortgage, 1. 232 ib. B. BILL. Vide Pleadings. C. CONTRACT. Vide Agreement. CORPORATIONS. 1. The impression of a distinctive corporation seal on an instrument calling for the seal of the corporation held to be a seal. Corrigan v. The Trenton Delaware Falls Company, 52 2. A corporation being embarrassed in its circumstances, six of the stockholders, two of them being also directors, entered into an agreement that at any sale that might be made of the property of the company, either on execution or by the direction of the company, the property should be bought by two of the stockholders who were parties to the agreement, on the best terms possible, and that the property, when so purchased, should be held by them in trust, half for themselves and half for the other parties to the agreement, each party to the agreement to pay, pro rata, for the purchase of the property, according to his interest in the same to be thereafter declared. Two days after the making of this agreement, the two directors who were parties to it and two other directors of the company, by an instrument executed under their individual hands and seals, conveyed to the stockholders who by the said agreement were to be the purchasers, for a money consideration acknowledged in the instrument to have been received, all the personal property of the company. On the day after this last writing was made, a judgment was confessed by the comqany, and a fi. fa. issued thereon and levied on all the property of the company. A few days afterwards, in pursuance of a resolution passed by the votes of one of the directors who was a party to the said agreement and two other directors of the company, the president of the company executed and delivered to the two stockholders who, by the agreement, were to buy the property, a deed of all the real estate of the company, for a money consideration therein acknowledged to have been received, subject to the said confessed judgment. The two stockholders to whom all the property of the company was thus conveyed then procure an assignment of this judgment, and cause the sheriff to advertise for sale, by virtue of the execution issued thereon, all the property of the company. On a bill filed by a subsequent judgment creditor of the company, an injunction was allowed restraining the sale. Smith v. Loomis, 60 An answer was put in, stating that it was a part of the arrangement, that the consideration money for the property should be paid and applied directly on account of the company to the creditors thereof, and that they, the two stockholders to whom the property was conveyed, should pay, out of the net earnings of the half held by them in trust for the other parties to the arrangement, after paying the costs of completing and putting the works in operation, a further sym sufficient to satisfy the remaining debts of the company; and that they should put the machinery in operation and make it productive as soon as circumstances would permit. A motion to dissolve the injunction was denied. ib. 3. The act incorporating "The Somerville Manufacturing Company" provides, that the stock, property and concerns of the company shall be managed and conducted by five directors, one of whom shall be president; and that the president and directors, or a majority of them, shall and may appoint such officers, superintendents and agents as they may think proper; and that the president and directors, or a majority of them, shall have power to call in installments on the stock. Can two of three directors assembled make a mortgage of the lands of the company? Van Hook v. The Somerville Manufacturing Company, Can two of three directors assembled make a mortgage to the third ? ib. 4. The book of minutes of a corporation is only prima facie evidence of the correctness of the entries made in it. The appearance of the minutes may, of itself, raise so strong a suspicion against the regularity of the proceedings that no weight will be given to them. ib. 5. The corporate seal may be affixed by a less number of directors than is necessary to constitute a board, if it be done by the direction of a legal board. ib. 6. If on a notice to all the directors, a meeting be held at which some of them do not attend, and an adjournment is made to a subsequent day, is the meeting on the subsequent day a meeting on due notice to all the directors? ib. 7. The consent of a director not sitting in a legal board is nugatory. ib. 8. If a mortgage be given, even by a competent board of directors, to one of their number who is the financial agent of the company, to enable him to raise money for the company, on his representation that the money needed by the company could not be raised on the bond and mortgage of the company given directly to any lender; or after failure to raise money for the company, and on his representation that he could raise the money on a bond and mortgage of the company executed to him, by an assignment of it, allowing a greater rate of interest than the legal interest; it would be a fraud against the company to enforce the mortgage against them as a mortgage to him for his own use and benefit; and if he attempt to do so, he will be held to have procured it by fraud: ib. 9. In general, fraud in the obligee in obtaining a bond is a good defence against an assignee of the bond, though he be a bona fide purchaser of it without notice of the fraud. But it was held, that a bona fide assignee without notice, of a bond and mortgage given under the circumstances and for the object before stated, might enforce them against the company. ib. 10. Certain certificates of the director who was president, ore signed by him as an individual, stating that the bond and mortgage was executed by him as president, by order of the board, as said amount was due to the obligee as agent of the company," and the other signed by him as president, stating, that the board having examined the account of the obligee against the company, did pass the same and acknowledge a balance due the obligee, of $9638 17; and a copy, signed by the secretary of the company, of what purported to be a resolution of the board' that the bond and mortgage was a legal and subsisting liability of the company and that they had no defence to make to the same; which writings were procured by the obligee to aid him, as he said, in negotiating the bond and mortgage, were exhibited on the part of the complainant, to show good faith in taking the assignment. Before the |