RECENT CASES, 1 89 professes to follow. In the earlier case the executors would be called on only in case the company failed, a "remote, contingent, unexpected liability/' This fact is emphasized in the opinion. The present case lays down the clear rule that " notice of a liability is not sufficient to deprive the executors of their right to recover. It must be notice of a debt." Insolvency — Proceedings by Assignee. — A Massachusetts creditor, know- ing that his debtor was in fact insolvent, sold his claim to a citizen of another State before the debtor was adjudged insolvent, to enable the purchaser to maintain an action on the claim in another State after the debtor was declared insolvent. The creditor agreed to pay the costs of collection and also any deficit, if the full amount of the claim should not be recovered. Held, that the assignee in bank- ruptcy of the debtor could not recover from the creditor the amount obtained from his claim, as the statutes give no such remedy ; nor can the defendant be enjoined from prosecuting the action in another State, for the buyer of the claim has obtained the right to prosecute it for his own benefit. Whether the creditor could be prevented from proving his other claims against the insolvent was not decided. Procter v. Bank of the Republic, 25 N. E. Rep. 81 (Mass.). Master and Servant — Who is an Employee. — The plaintiff, a switch- man for defendant company, " off duty," boarded one of its trains of his own accord, and was ordered by the conductor to turn a switch, in the performance of which act he sustained injury. Held, that the conductor had no implied au- thority to give such a command, and the mere act of obeying it did not constitute plaintiff the defendant's employee so as to bar his action. McDaniel v. Highland Ave. and B. R. Co., 8 So. Rep. 41 (Ala.). Municipal Corporations — Letting of Contracts. — The charter of Long Island City provides that all contracts shall be let to " the lowest responsible bidder giving adequate security." Held, that a mandamus will not be granted to compel the mayor to pay a bill audited by the council for work done under a contract awarded to a higher bidder when there was no showing that the lower bidder was not responsible, nor his security inadequate. Under such circumstances the letting of the contract to a higher bidder is not a judicial determination binding on the courts. People ex rel, Coughlin v. Gleason, 25 N. E. Kep. 4 (N. Y.). Real Property — Covenant running with the Land — Equitable Ease- ment. — A., a brewer and also a dealer in beer, carrying on business at the X. brewery, by indenture leased a public house to the defendant. The defendant covenanted with his lessor, heirs, executors, administrators, and assigns, not to buy or dispose of on the premises any beer other than that purchased of the lessor, etc., provided the lessor, etc., sell such liquors, and are willing to supply the same of good quality and at the market rate. A. sold and assigned his brewery and good-will to B., a brewer carrying on business at the Y. brewery, and assigned to him the public house and the benefit of the above covenant. Held, (i) upon construction of the covenant, that the benefit of it was not restricted to assigns carrying on the same brewer's business as the lessors ; (2) that the covenant was not personal and incapable of assignment, but a covenant relating to the way in which the business at a particular house was to be carried on, hence it touched and concerned the land, and ran with it; (3) that, whether running with the land or not, the plaintiff could enforce the covenant in equity as assignee of the benefit of it. Clegg v. Hands., 44 Ch. Div. 503 (Eng.). Real Property — Easement of Abutters in Highways — Street Rail- ways. — A steam railroad which lays its tracks on the surface of a street with the permission of the city is not liable to an abutting owner who does not own the fee of the street for damages resulting from a reasonable use of its rights. The case contains a careful review of the New York authorities, and distinguishes the elevated railroad cases, on the ground that in them the structure was a permanent obstruction of the streets. Forbes v. R. Co., 24 N. E. Rep. 919 (N. Y.). Real Property — Fraudulent Conveyances. — The defendant paid for and took possession of land, but the conveyance was in the name of the plaintiff to defraud the defendant's creditors. The plaintiff brought an action of ejectment; and it was held that the defendant could show these facts and the plaintiff could not recover. Kirkpatrick v. Clark, 24 N. E. Rep. 71 (111.). The authorities differ widely on this subject. It is believed that there is only one case in the country directly in point, and that agrees with the above case, — Harrison ^ % M.
