claim on indemnity bond, barred by discharge in bankruptcy; Stark v. Stinson, 23 N. H. 260, holding discharge in bankruptcy final as to sureties; Crafts v. Mott, 4 N. Y. 606, holding discharge in bankruptcy a bar where party was liable to pay the principal's debt; Fulwood v. Bushfield, 14 Pa. St. 91, holding surety liable at time of bankrupt's application not entitled to recover; Stone v. Miller, 16 Pa. St. 458, holding discharge of debtor released him from liability on contract of guaranty; Clarke v. Porter, 25 Pa. St. 142, holding bankrupt discharged from contingent demand of surety; Fisher v. Tifft, 12 R. I. 59, holding an action brought upon covenant of indemnity barred by discharge in bankruptcy; Liddell v. Wiswell, 59 Vt. 368, 8 Atl. 682, holding defendant's discharge a bar to action by surety; Hill v. Trainer, 49 Wis. 548, 5 N. W. 933, holding discharge in bankruptcy relieves one from obligation to co-partner for debts of firm; Davis v. McCurdy, 50 Wis. 575, 7 N. W. 667, collecting cases and holding surety's liability on guardianship bond provable against bankrupt in bankruptcy proceedings. See note discussing this subject, 3 Dill. 6, F. C. 7,781.

Cited and approved in Tiernan v. Woodruff, 5 McLean, 353, F. C. 14,028, holding granting bankrupt maker of note further time did not release indorser; Post v. Losey, 111 Ind. 80, 60 Am. Rep. 681, 12 N. E. 124, holding extension of time given to principal releases the property of surety; Fernald v. Clark, 84 Me. 236, 24 Atl. 823, holding same debts cannot be proven against bankrupt by indemnified partner and creditors. Cited, arguendo, in Ex parte Souther, 9 Bank. Reg. 505, F. C. 13,184, holding receipt of money from indorser not preventing holder from proving note against promisor; Guild v. Butler, 122 Mass. 499, 23 Am. Rep. 379, holding creditors agreeing to composition do not release surety for the same debt.

Distinguished in Steele v. Graves, 68 Ala. 29, holding liability of surety on administrator's bond before settlement not a provable debt; Leighton v. Atkins, 35 Me. 120, holding discharge in bankruptcy not releasing principal when surety paid judgment subsequent to discharge; French v. Morse, 2 Gray, 113, holding certificate of discharge no bar to action on covenant against incumbrances broken subsequent thereto; Thayer v. Daniels, 110 Mass. 346, holdng claim of surety to recover from principal not barred by discharge in insolvency; Maguire v. Reggin, 44 Mo. 517, holding demand against bankrupt upon covenant of seisin not barred by discharge in bankruptcy; Thomas v. Liebke, 9 Mo. App. 428, holding Surety who paid principal's debt not affected by composition agreement of principal's creditors; Swain v. Barber, 29 Vt. 295, holding claim for contribution from co-surety not barred by a discharge in bankruptcy.

7 How. 276–279, 12 L. 699, BODLEY v. GOODRICH.

Assignment for benefit of creditors.- Where such a deed shows on its face an intent to postpone the payment of debts, which as

7 How. 279-283

Notes on U. S. Reports.

708

signment was to be carried into effect by the consent of the credItors, such deed is not binding upon, but fraudulent as to a creditor who did not consent, p. 278.

Cited and followed in Cleveland v. La Crosse, 5 Fed. Cas. 1036, holding lease of railroad and rolling stock void against creditors of insolvent company; Commercial Bank v. Brewer, 71 Ala. 577, and Green v. Trieber, 3 Md. 34, holding deed of trust void as against attaching creditors; Greene v. Sprague, etc., Co., 52 Conn. 372, holding an assent by creditor to trust conveyance prevents him from afterwards impeaching it; Wallace v. Cumming, 27 La. Ann. 632, holding creditor assenting to trust conveyance by accepting dividends under it bound by its terms; Chaffee v. Fourth, etc., Bank, 71 Me. 527, 36 Am. Rep. 350, enjoining assenting creditor from bringing suit to levy upon property covered by trust conveyance; Perley v. Mason, 64 N. H. 8, 3 Atl. 631, holding ratification of insolvency proceedings in Vermont precludes plaintiff from maintaining action against insolvent in New Hampshire; Doyle v. Smith, 1 Cold. 22, holding deed of conveyance showing an intent to delay creditors void as against attaching creditor.

Cited and distinguished in Hughes v. Cory, 20 Iowa, 406, holding mortgage of personal property retained by mortgagor not fraudulent per se; State v. Benoist, 37 Mo. 513, holding question of fraud where deed is valid on its face must be left to jury.

7 How. 279-283, 12 L. 700, CRAWFORD v. BANK OF MOBILE.

Appeal and error.- Where it does not appear upon the record that a question in the State court under the twenty-fifth section of the judiciary act has been raised, the United States Supreme Court has no jurisdiction to revise judgment of State Supreme Court, p. 282.

Obligation of contracts.- Alabama statute authorizing a bank to sue in its own name upon notes given to the cashier for its use, is not a law impairing the obligation of a contract, but relates wholly to the remedy, p. 282.

Cited and principle followed in Blount v. Windley, 95 U. S. 177, 24 L. 425, holding a statute authorizing set off of bank's circulating notes to judgments obtained by bank, not invalid; Ex parte Bibb, 44 Ala. 152, holding act of legislature granting new trial not impairing contract upon which judgment is founded; Dudley v. Greene, 35 Me. 18, holding legislature has power to repeal act giving assessors authority to commence action in their own names; Tompkins v. Forrestal, 54 Minn. 125, 55 N. W. 814, holding statute requiring all actions, name of real party in interest affects action on all contracts; Willard v. Harvey, 24 N. H. 353, holding statute of limitations may be changed at will of legislature; Story v. Furman, 25 N. Y. 226, holding an act changing procedure and allowing cred

1

Itor a more expeditious method of enforcing claim, valid; Bank of Old Dominion v. McVeigh, 20 Gratt. 482, holding State statute, authorizing corporation to sue in name of branch bank, not objectionable. See valuable note, discussing this subject, in 10 Am. Dec. 139.

7 How. 283-573, 12 L. 702, PASSENGER CASES, SMITH v. TURNER, and NORRIS v. BOSTON.

Constitutional law. Statutes of the States of New York and Massachusetts, imposing taxes upon alien passengers arriving in the ports of those States, are contrary to the Constitution and laws of the United States, and, therefore, null and void, pp. 283–573.

This is a leading authority upon the foregoing proposition. In the Federal courts the following cases have affirmed and relied upon the syllabus holding: Crandall v. Nevada, 6 Wall. 40, 41, 42, 48, 18 L. 746, 748, declaring void Nevada statute taxing transportation companies for passengers carried out of State; State Tonnage Tax Cases, 12 Wall. 213, 214, 20 L. 373, 374, holding, while State may tax vessels as property, tax on registered tonnage void; Ward v. Maryland, 12 Wall. 432, 20 L. 453, holding void Maryland license statute, taxing non-resident traders; State Freight Tax Case, 15 Wall. 275, 21 L. 161, holding void Pennsylvania statute taxing freight taken in or out of State; Morgan v. Parham, 16 Wall. 475, 21 L. 304, holding vessel registered at home port beyond taxing power of other States; Henderson v. New York, 92 U. S. 266, 267, 23 L. 547, announcing and upholding decision in principal case; Henderson v. New York, 92 U. S. 268, 23 L. 548, holding purpose and validity of statute must be determined by its natural and reasonable effect; Henderson v. New York, 92 U. S. 269, 23 L. 548, holding void statute imposing burdensome condition upon landing of aliens, or alternative payment; Railroad Co. v. Husen, 95 U. S. 471, 24 L. 590, holding void Missouri cattle exclusion statute; Hall v. De Cuir, 95 U. S. 516, 24 L. 557, holding void Louisiana statute requiring equal rights to be given to all passengers; Cook v. Pennsylvania, 97 U. S. 571, 572, 573, 24 L. 1017, declaring void, as applied to foreign goods in original packages, statute requiring auctioneer's tax; Telegraph Co. v. Texas, 105 U. S. 465, 26 L. 1068, holding State tax on interstate telegrams void; People v. Compagnie Gen. Transatlantique, 107 U. S. 60, 27 L. 384, 2 S. Ct. 88, S. C., 20 Blatchf. 300, 305, 10 Fed. 360, 363, all holding New York statute imposing tax on every alien passenger void; Walling v. Michigan, 116 U. S. 455, 458, 29 L. 694, 695, 6 S. Ct. 457, 459, holding void tax on non-residents engaged in selling liquor to be shipped into State; Robbins v. Shelby Taxing District, 120 U. S. 493, 30 L. 696, 7 S. Ct. 594, holding Tennessee drummers' tax void; Bowman v. Chicago, etc., Ry., 125 U. S. 492, 31 L. 709, 8 S. Ct. 702, holding void Iowa statute forbidding common carriers to bring intoxicating liquors into State; Leisy v. Hardin, 135 U. S. 147, 150, 34 L. 145, 146, 10 S. Ct. 697, 698,

7 How. 283-573

Notes on U. S. Reports.

710

in dissenting opinion, majority holding Iowa statute prohibiting sale of liquor void as to unbroken packages sold by importer; Minot v. Philadelphia, etc., R. R., 2 Abb. 342, F. C. 9,645, holding tax on rolling stock void, as an indirect tax on commerce; In re Ah Fong, 3 Sawy. 152, F. C. 102, holding void California statute prohibiting landing of certain foreign emigrants; Kaeiser v. Illinois Cent. R. R., 5 McCrary, 499, 18 Fed. 153, holding Iowa tariff of maximum charges invalid as to through shipments; Philadelphia, etc., Tow-Boat Co. v. Philadelphia, etc., Co., 19 Fed. Cas. 476, holding State Sunday law not compulsory on tug-boat plying between different States; The Clymene, 9 Fed. 166, holding Pennsylvania statute prohibiting work of unlicensed pilots void as to pilots licensed by other States; In re Watson, 15 Fed. 512, holding void Vermont statute making one year's residence necessary to procure peddler's license; Weil v. Calhoun, 25 Fed. 872, holding void provision of Georgia statute exempting domestic wines and prohibiting sale of spirituous liquor, including wines; United States v. Craig, 28 Fed. 796, holding constitutional "assisted immigration act" of February 26, 1885; Swift v. Sutphin, 39 Fed. 637, holding void Minnesota statute prohibiting sale of dressed meat, unless inspected by State inspector before slaughter, as to meat slaughtered outside of State; In re Sanders, 52 Fed. 807, 18 L. R. A. 553, holding North Carolina statute prohibiting sale of undated seed packages void as to seed grown in other States; United States v. Debs, 64 Fed. 750, holding officers of American Railway Union guilty of conspiracy to boycott Pullman cars; In re Minor, 69 Fed. 236, holding State license illegal as applied to cigarettes from another State; United States v. Addyston, etc., Co., 78 Fed. 718, holding anti-trust act of 1890 does not affect combinations not interfering with interstate commerce; United States v. Hopkins, 82 Fed. 539, holding Kansas City Live Stock Exchange an unlawful combination engaged in interstate commerce; United States v. Gould, 25 Fed. Cas. 1379, holding United States laws on importation of slaves do not cover offenses against negroes already imported; United States v. Haun, 26 Fed. Cas. 230, sustaining indictment against seller of African illegally brought into the country; United States v. Williamson, 28 Fed. Cas. 692, holding States cannot restrict transportation of slaves through them; Williams v. The Lizzie Henderson, 29 Fed. Cas. 1374, 1375, holding void State statute exempting local vessels from pilot charges.

State court citing cases which apply the syllabus doctrine, are: Hinson v. Lott, 40 Ala. 135, dissenting opinion, majority upholding State's right to tax liquor brought from other States; Joseph v. Randolph, 71 Ala. 505, 508, 46 Am. Rep. 349, 352, holding void Alabama statute prohibiting inducement of laborers to leave certain counties; People v. Downer, 7 Cal. 171, holding void California statute taxing persons arriving by sea incompetent to become citizens; Lin Sing v. Washburn, 20 Cal. 566, 582, holding void Califor

nia act to protect white against Chinese labor; People v. Raymond, 34 Cal. 498, 501, 502, holding void California stamp act taxing foreign and inland bills, passengers, etc.; State v. S. S. Constitution, 42 Cal. 588, 10 Am. Rep. 310, holding, even in absence of legislation by Congress, State may not exclude persons competent to earn a livelihood; State Treasurer v. Philadelphia, etc., R. R., 4 Houst. 197, 205, holding void as to interstate traffic Delaware tax on each passenger carried; Webb v. Dunn, 18 Fla. 724, 728, holding void statute making harbor-master's fees charge on vessels; Council Bluffs v. Kansas City, etc., R. R., 45 Iowa, 349, 354, 24 Am. Rep. 779, 783, holding void Iowa statute requiring Union Pacific railroad to transfer freight and passengers to Council Bluffs; Carton v. Ill. Cent. R. R., 59 Iowa, 151, 152, 44 Am. Rep. 674, 675, 13 N. W. 68, 69, holding Iowa statute regulating railroad rates void as to interstate traffic; Railroad, etc., Co. v. Board of Health, 36 La. Ann. 669, 671, holding void duties imposed on vessels under so-called Louisiana quarantine laws; Cunningham v. Munroe, 15 Gray, 477, holding head money on alien passengers, paid under compulsion, recoverable; Robinson v. Rice, 3 Mich. 245, holding void as to mortgages on vessels, Michigan recordation act; as also in Lawrence v. Hodges, 92 N. C. 677, a similar North Carolina law; State v. Shapleigh, 27 Mo. 349, holding license unnecessary so long as imported goods remain in unbroken packages; Grimes v. Eddy, 126 Mo. 183, 47 Am. St. Rep. 663, 28 S. W. 760, 26 L. R. A. 644, and n., holding invalid Missouri statute prohibiting transportation of infected cattle through State; Benedict v. Columbus Cons. Co., 49 N. J. Eq. 41, 23 Atl. 491, holding State statute preventing transportation of natural gas beyond Indiana limits restriction of interstate commerce; Freight Discrimination Cases, 95 N. C. 433, 59 Am. Rep. 249, holding statute against freight rate discrimination inapplicable to interstate commerce; Southern Exp. Co. v. Hood, 15 Rich. L. (S. C.) 79, 94 Am. Dec. 144, holding State tax on gross receipts of express companies applies only to direct net receipts in State; Johnson v. Drummond, 20 Gratt. 422, holding Virginia statute imposing duty on oysters, tonnage tax, and void; Norfolk, etc., R. R. v. Commonwealth, 88 Va. 108, 29 Am. St. Rep. 713, note, 13 S. E. 344, 13 L. R. A. 112, and n., dissenting opinion, majority holding void Virginia statute prohibiting passage of interstate freight trains on Sunday. Cited in valuable note on restrictions upon transportation, 27 Am. St. Rep. 558; also in notes, 3 Sawy. 153, 159, F. C. 102. Cited with approval, in dissenting opinion, in Luther v. Borden, 7 How. 72, 12 L. 611, majority holding State may use military force to subdue insurrection; Dred Scott v. Sandford, 19 How. 528, 15 L. 752, holding free negro, whose ancestors were slaves, is not a citizen. Cited with approval in Head-Money Cases, 112 U. S. 591, 592, 28 L. 801, 802, 5 S. Ct. 250, 251, holding act of Congress, levying tax on alien passengers, valid regulation of commerce; Pollock v. Farmers' L