Page:Federal Reporter, 1st Series, Volume 9.djvu/769

 7^^ FBDIJBjA^ REPORTER. �The statute of Georgia (Code of 1873, § 1783) is as follows: �"The wife is a,feine sole as to her'separate estate, uiiless controlled by the settlement. Every restriction upon ker power in it must be complied with; but while the wife may cbntract, she canhot bind her separate estate hy any contraot of sv/retyship, nor hy any assumption of the debts of her Mishand.; and any sale of her separate estate, made to a crediter of her husband in ex- tinguishment of his debts, shall be absolutely void." �Under this statute, if tMs draft was made to pay a debt of defend- ant's husband, the draft is not merely voidable, but void. It is a contraet inhibited by the statutes of this state. �It waa contended for the plaintifits that the defendant was estopped from denying the recital therein, that it was furnished her to make her crops, etc., especially as against hona fiie holders of the paper. If the contraet were not void under the statute cited the court might 80 hold, but in view of the construction now adopted of that statute, the court is compelled to decide that defendant may offer evid&nce of the consideration as alleged in the plea. This being a Georgia con- traet must be governed by the law 6f Georgia; and the consequences above stated resuit from the provision of the case. �The court will admit the evidence and submit the disputed ques- tions of'fact to the jury. ���In re Cary, Bankrupt, {District Court, S. D. New York. December 30, 1881.) �1. Depositions— Signature — Stbnogbaphbb's Notes. �Upon an order of reference to a register in bankruptcy to take proofs, the depositions of witnesses taken by a stenographer, before a register, and atter- ■wards reduced to long-hand, will be suppressed if not read to and signed by the witness, according to general ordor 10, after they are written out, though the witness' subsequent attendance for that purpose could not be procured. �The reference in section 5003 to the practice in equity is controlled by gen- erai order No. 10, adopted by section 4990. �In Bankruptcy. �Henry G. Beach, for bankrupt. �PTiilo Chase, for creditors. �Brown, D. J. Upon a petition of the bankrupt for an order direct- ing that certain persons be punished for contempt in disobeying a prior order of this court, an order of reference was made to the regis- ter to report the faets pertaining to the alleged contempt. A great mass of testimony is submitted, annexed to the register'a report, ��� �