Page:Federal Reporter, 1st Series, Volume 1.djvu/175

IN BE STERLING, AHEENS & CO. 167 �In re Sterling, Ahrens & Co. �(District Court, B. Maryland. January 3, 1880.) �Accommodation Notes — Vbndor and Vendee. — ^Notes made hy a vendee in excess of the value of the goods, and before the same have been deliv- ered, for the convenicnce of the vendor, are accommodation notes, and the vendor is prrmarily liable for the same. �Same — Bankeuptct — Clatms — Dividends. — The insolvent maker of such accommodation notes can only prove, against the estate of the bankrupt payee, the amount of the dividend actually paid by him on such notes. �In bankruptcy. �MoBRis, J. The bankrupta were merchants doing business in the city of Baltimore, and, prior to their failure, in Au- gHst, 1875, were very largely engaged in importing sugar. They were also the agents of the Calvert Sugar Eefining Company, a corporation largely engaged in refining sugar. Walter B. Brooks was elected assignee of the estate of the bankrupts, and about the same time the Calvert Sugar Eefin- ing Compiiny, being also insolvent, executed a voluntary deed of assignment, for the benefit of its creditors, to Benjamin F. Newcomer and C. Morton Stewart. These trustees found that the promissory notes of the corporation, delivered by it to said bankrupts, and passed off by them, were outstand- ihg to the amount of about $1,700,000, and, upon an adjust- ment of the books in which were kept the accounts between said corporation and said bankrupts, it was found that the balance was largely against the bankrupts and in favor of the corporation, �It appears that the corporation had constantly required in its business a large amount of raw sugars, and that the bank- rupts, who were importers of sugars, had been in the habit of importing with the intention of selling the cargoes to the cor- poration. �At or about the time of the arrivai of every such cargo so sold to the corporation it would be entered as a purchase on its books, and the bankrupts would at once receive credit therefor and get the promissory notes of the corporation for the sugars at an agreed priee in currency, duty paid; the ��� �