Page:Federal Reporter, 1st Series, Volume 6.djvu/28

 16 FEDERAL REPORTER. �the estate of Jay Cooke & Co. had been determined upon, and when made it was not enforced; on the contrary, the de- fendant's deniai of liability was apparently acceded to, for the plaintiff commenced no suit at that time, and after that time received the stocks distributed by the trustees of Jay Cooke & Co., and sold them at private sale without notice. �Attention should also be called to the fact that the plain- tiff makes no tender of the stocks he so received. He wha asks equity must do equity. If at this late day the estate of Edward Dodge is to be charged with the debt in question, equity demanda of the plaintiff that he transfer to the estate of Edward Dodge the stocks which Edward Dodge would have been entitled to receive if his liability had been asserted in his life-time. The plaintiff does not do this. Ail that he offers is to credit the amount of the cash dividends and the proceeds of the private sale of those stocka. Manifestly, in view of the evidence respecting the value of those stocks, it would not be for his advantage to make tender of thern ncw. But only in that way can he do equity. Failing to do this, his prayer cannot be granted. �JUet an order be entered dismissing the bill, with costs. ���WiwoN V. WiNTSR and Wife. �(CIrvKll aowrt, W. 2>. 'Wixoomt^, 1881.) �L UoBTGAaB — Unattthobized Stipulation. �In the absence of fraud, the mere fact that a mortgase, drawn by the agent of the mortgagor, contained an unauthorized stipu- lation, would not avail as a defence to its foreclosure, althongh the mortgagor could not read the mortgage, and the same was not read to hlm before execution. �2. SAun — Bz:$ounoN on Sundat — Wibcokiin Stattttb. �A mortgage ezecuted on Sunday, wltiiout the knowledge of the mortgagee, dated, acknowleagad, and dellvered on the folio wing day, Is not vold under the statnte of Wlsconsln, whlch imxrases a fine for any labor or business done on the flrst day of the week. ��� �