Page:Federal Reporter, 1st Series, Volume 4.djvu/420

 406 FEbEBAIi BliFOB'rKa.' �letter was in the handwriting of the defendant was of itseU, without any other circumstance and without any reference tO' any of the other evidence in the case, sufficient to warrant the inference or Conclusion that the defendant mailed tha letter. The exception to the modified charge must be held not to have been well taken. United States v. Noelke, 1 Eed. Eisp. 426, 442, �The exception to the charge that, even -witbout the evidence of Mrs. Sibley, the jury might find, from the other circum- stances in the case, that a sufficient case had been made out to authorize the defendant's conviction, must be overruled. The bill of exceptions does not set forth ail the evidence, so that this court can eee what ail the other circumstances in the case were, �The judgment of the district court must be affirmed. ���In t€ BuRCHËi,L, Bankrupt, (BitXrict Court, S. D. Kew York. October 8, 18S0.) �1. CoNTBACT — CoNSiDEKATioN — EXTENSION — Debt. — A written ptom- �ilse to pay the debt of anotlier, in consideration of an extension of time, will constitute a valid contract. �2. Samb— AsBiaNOH.— In such case the assigner of the deht is not a neces- �sary party to such contract. �8. Composition — Disohabgb. — The aeceptance of a composition from tho- principal debtor does not discharge any party collaterally liable for the same debt. �4. BANKEnPTcr— Pkovablb Claim.— Burchell owed Bigler & Co. $5,257. 79' for the construction of an ice-house. Bigler <& Co. owed Turck & Burhaus about $1,600 for work and materials fprnished in the con- tion of the same. Bigler & Co, asaigned their claim to a crediter named Ward, and subsequently became bankrupts. June 9, 1878, Bigler & Co. entered into a composition oî 30 per cent, with their creditors. June 12, 1878, Ward, Turck & Burhaus, and Burchell en- tered into an agreement under which Burchell promised to pay Turck & Burhaus $1,200, and give his notes to Ward for $3,457, payable in one and two months each. Burchell thereafter became bankrupt, without having paid Turck & Burhaus or the notes held by Ward. Ward thereupon proved against the estate of Burchell for the whole ����