Page:Federal Reporter, 1st Series, Volume 4.djvu/82

 ■68 FEDBEAL BEPOETEK. �paxty of the third part is several ; the clause at the end of ar^cle 7 means that each company shall make upits part of the deficiency to the extent of.its share of the gross reccipts; and therefore it is a matter qf convenience, and not of neces- sity, that ail these parties should be joined. �On demurrer it does not appear that the corporations, whose homes are ont of this state, could have been found within it. �The suit is not premature, because the contract bas been abandoned through necessity, and the plaintiff is not.bound to wait for the defendant to resume payments,tD a sinking fund which no longer exista, and which the defendant denies that it is bound to make. �We are of opinion that the whole gross reccipts from the business raentioned in the contract, which accrued to the defendant during the time that the steamboats continued to run, are j)ledged to the complainant ; but that no payment can be demanded of the defendant beyond the amount of these receipts, and that the bill must be amended before au acccount of these receipts can be ordered. �Demurrer sustained. ���In re Wells, Bankrupt. �[Disirici Court, W. D. Pennsylvania. October 15, 1880.) �W.,» glass manufacturer, flled a petition in bankruptcy, but beforo adjudication made a composition agreeing to pay 50 per centum of his debts in instalments, evidenced by his promissory notes, the flrst payable in six months. He resumed his business, and eniployed P. as an operative. Failing to pay the flrst instalment of liis composition it was set aside, and be was adjudged a bankrupt. While the com- position was in force he sold glass, which was in stock when he flled his petition, and manuf actured other glass, part of which was on hand ■when the composition was set aside, and was taken possession of and converted into money by the assignee, neld, that out of the assets in the assignee's hands P. was entitled to be paid his wages, $19.95, earned while the composition was in force. �In Bankruptcy. Sur claim of Thomas Pomeroy. ����