Page:Federal Reporter, 1st Series, Volume 5.djvu/310

'208 FEDEBAIi EEPOIiXEU. �far, if at ail, the provisions of section 5129 have been vio- lated* If the trarisfer is made void by reason of the violation of one section, the case cannot be altered by showing that there was an p,dditional violation of another. How far, then, was this transfer void ? In the opinion of this court it was totally void. The act of conjress makes it so. We do not see how it can be co.nsidered in any other light. This trans- fer of stock or contract is not divisible in its character ; it is not separable as tô the rights of different claimaats under one instrumenti whieh may be void as to one and valid as to others, as in the casa in 3 Harrington'a Eep. 117, (Waters v. Cotnly.) �Now, if this transfer waS: void, as a consequence, no rights under it paased to the complainants, and whatever value there was in the stock, as a matured scheine, still remained in the bankrupt. Yet the complainants bave equities in this case which should be protected by the courts. To the matur- ing of this stock, which was used for the payaient of $4,000 due on the mortgage aforesaid, the complainants made con- tribution, and.itiwould be manifestly inequitable that the assignee of the bankrupt should retain the amount of the màtured stock, and also the voluntary contributions of the complainants wbioh «ontributed tobring the stock to the value of $e,000. AU the dues and fines paid by the complainants were just so much money recôived and appropriated by the loan Society, and enured to tbiô benefit of the bankrupt in paying off so much of the mortgage which was due from bis estate, and which sum the complainants are entitled to have returned to them, together with interest thereon. This sum amounts to $620 ,in the aggregate, having been paid by monthly instalments of $20 each, running through a period of ^^1 months. They are also entitled to bave returned to them ivith interest on, the. same, the sumof $738, being the amount of cash and goods paid and delivered by the complainants to ifche bankrupt; at the time of the transfer of the said stock, as part consideration theref or. �The court fiuda no diffieultj in awarding iutereat on these ����