Page:Federal Reporter, 1st Series, Volume 3.djvu/866

IN BB ^nLDBB. 859 �time in litigation in Chicago, in which the rights of the cred- itors of Henry King were involved, and to have had some interest in that litigation which these deeds might Bubserve. I do not find it necessary to determine the question raised, 'whether the copy of his deposition, which is in the record of the Chicago suit, produced on the hearing, is competent proof of what he there testified to, in the particulars in which he denies the accuracy of the copy. Without this, the mate- rial allegations of the petition are fully proved, and the deeds must be set aside as inadvertently and illegally made by the assignee, on the grounds above referred to ; and let an order also be entered that no further sale or conveyance of any of the assets of the bankrupts be made under the authority of any previous order of the court without further application to the court. ���In THE Matteb op Wildeb, Bankrupt, �(Ciremit Court, D. MasBochusetts. September 30, 1880.) �1, Pbomibsort Note — Contbact — Dischabge of Indoksbr — The maker of an overdue note transferred his interest inaarmto an accommoda- tion indorser, to secure the latter against losB. The indorser there- upon agreed in writing, by an instrument bearing the same date, to hold the maker of the note harmless against any and ail claims of the holder. Hdd, that such agreement was a f uU discharge of the maker and an intervening indorser. �Ives, Lincoln e Huntress, for petitioners. W. Fisk Gile and E. T. Burley, for defendants Clifford, C. J. Creditors whose claims are wholly or in part rejected, or an assignee who is dissatisfied with the allowance of a claim, may appeal from the decision of the district court to the circuit court of the same district, if the appellant compiles -with the conditions specified in the section of.the bankrupt act conferring the right. 14 St. at Large 520; Eev. St. § 4980. Circuit courts, -within and for the district where the proeeedings in bankruptcy are pending, have a general superintendence and jurisdiction in aU cas«8 ����