vol. 4,  p. 386

2. Proper  form  of  order  on  obtaining  fur-
ther  time  to  answer,  on  condition  of  a


Seijeant-at-Arms,  under  die  21st  Order
(1833). Henkyy. Stone,     vol  4,  p. 392

3. A. (a  retiring  partner)  agreed  to  assign
a  policy  (part  of  the  partnership  aaseU)
to  B. (the  continuing  partner)  on  certain
terms. B. mortgagd  it  to  C,  who  gave
notice  to  the  office. B. afterwards  be-
came bankrupt. Held,  that  the  policy
was  not  within  the  order  and  disposition
of  B»  either  as  against  J. or  C  In  re
Langmead*M  Truett,  vol. 20,  p. 20

4. A  trustee,  with  the  consent  of  his  cetiui
que  tnat,  pledged  Madrae  government
notes  held  by  him  in  trust  for  the  benefit
of  a  firm  of  which  he  was  partner. The
notes  were  afterwards  redeemed  and  de-
livered to  the  firm. Subsequently  the
firm,  without  the  consent  of  the  ceeiui  que
trust,  pledged  them  for  a  similar  purpose*
The  firm  being  insolvent,  and  bankruptcy
imminent,  the  trustee  redeemed  the  notes
with  partnership  assets,  indorsed  them  to
himself  personally,  and  replaced  them  in
his  private  chest. The  firm  became
bankrupt  Held,  first,  that  the  notes
were  not  in  the  order  and  disposition  of
the  firm;  and  secondly,  that  there  was
no  fraudulent  preference. Sinclair  v. Wil-
ton, vol. 20,  o. 324

3. Traders  mortgaged  a  leasehold  factory
to  J.,  and  the^  afterwards  mortgaged  the
machinery  in  it,  separately,  to  B,  Upon
the  bankruptcy  of  the  traders,  who  had
been  allowed  to  retain  possession  of  the
machinery. Held,  that  the  moveable
machinery  passed  to  the  assignees,  at
being  within  the  order  and  disposition  of
the  bankrupt,  but  that  the  machinery
fixed  to  the  freehold  did  not,  though
mortgaged  separately. Whitmorey.Emp^
ton. vol. 23,  p. 313

6. The  Plaintiffs*  solicitor  made  an  equit-
able assignment  of  the  costs,  to  which  he
would  become  entitled  in  the  suit,  to  a
stranger  to  the  cause. An  order  was
afterwards  made  for  taxation  of  the  Plain-
tiffs' costs,  and  for  their  payment  to  the
solicitor  out  of  a  fund  in  Court  The
solicitor  became  bankrupt  before  the  cre-
ditor had  obtained  any  stop  order  or
given  notice  of  the  assignment  Held,
that  costs  were  within  the  order  and  dis-

Sosition  of  the  bankrupt,  and  passed  to
is  sssignees. Day  v. Day. vol. 23,  p. 391

7. 