Page:Federal Reporter, 1st Series, Volume 2.djvu/496

 CRAMPTOîSr V. 3ERK0WSKI. 489 �clause, while used for the storage and delivery of goods re- quiring daily visita by one or two persons. I am confirmed in this by the fact that, since the policy was issued, the de- fendant Company bas added à clause in this connection aVoid- ing a policy if work in a factory is stopped. �The resuit is that the rulings are sustained, and there must be judgment on the verdict; ���Ceampton V. Jekkowski. �(Circuit Court, D. Vermont. May 19, 1880.) �BANKnupTCT— Pabtnership— CoNDiTioNAL SiALp.— F. and defendant en- tered into partnership, F. furnisliing $1,500 in cash and defendant $4,500 in goods. Snbsequently they dissolved, P. talcing the stock and giving defendant notes for his interest, then two-thirds; defendant's Bhareto remain as his property until the notes were paid, and ail goods pur- chased in the meantime, in place of those sold, to be substituted tô title of defendant. Subsequently, F. becoming embarrassetl, defend- ant, to protect himself, bought the stock, paying something more than his debt, and, within two months thereafter, F. was declared a bank- rupt. In an action against defendant, by F. 's assignee, held, that de- fendant was liable to such assignee for the value of one-third of the original stock on hand, one-third of ail that had been purchased with proceeds of original stock, and ail of the stock purchased by F. from his own resources, including goods bought on credit and not paid for. �In Equity. �W. L. Burnap and J. G. Baker, for orator. �Prout e Walker, for defendant. �Wheeleb, D. J. This cause was heard at last term on bill, answer, replieation and proofs. Martin P. Flack and the de- fendant entered into partnership on the first day of Aligust, 1876, the termB of which were in writing, and were, among other things, that Flack should put in $1,500 capital, and the defendant ready-made clothing to the amount of $4,500. The answer alleges that the goods were to remain the property of the defendant until Bold in the course of business j and the defendant has so testiûed. Flack denies this, and testifiea that the written articles of partnership will show how it was; ����