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In re A. Moore; Ex parte Nat. Exch. Bank of Columbus (Ohio S. 123 ; s.c. 1 L. T. B. 74.
6. A debt, incurred by a loan of Confederate Treasury notes, is in bankruptcy. [Citing Craig v. Missouri, 4 Pet. 410; Briscoe v. Commonwealth, 11 Pet. 257; Bank of Tennessee v. Union Bank of Am. Law Rev. 346; The Prize Cases, 2 Black, 635; Shortridge v. M Law Rev. 95; Darrington v. State Bank of Alabama, 13 How. 12; 1 strong, 4 Wash. C.C. 297.] – J.J. Milner (Ga. D.), 1 B. R. 19, 107 Reg. (N.s.) 371; 1 L. T. B. 15; 2 Am. Law Rev. 570.
See LIMITATIONS, STATUTE OF, 1-5; PARTNERSHIP, 7, 14; Sect ITOR, 1, 2.
II. Proof, How made. 1. A creditor may prove his debt before a United States commissi he resides within the district where the proceedings in bankruptcy a
- In re L. Sheppard (N.Y. N. D.), 1 B. R. 115; s.c. 7 Am. Law 484; 1 L. T. B. 49.
2. If a creditor resides within the district where the proceedings in are pending, he cannot make proof of his debt before a United Sta sioner. — In re L. B. Haley (Ala. D.), 2 B. R. 13. But see now Act 1868, $ 3.
3. A creditor cannot make proof of his claim before a notary pu B. Strauss (Ohio S. D.), 2 B. R. 18.
4. A creditor, whose debt was not included in the bankrupt's so a deposition claiming unliquidated damages, alleging the same ti $50,000, but did not pray that the same might be assessed by the c that the claim was not duly proved. — In re 0. H. Clough (N.Y. S. 59; s.c. 4 Pitts. L. J. (N.s.) 25.
5. Semble, that if a creditor's deposition as to his debt has not ered, or sent by mail, to the assignee, the creditor cannot be consid ing proved his debt, though he has filed the deposition with the cl L. Sheppard (N.Y. N. D.), 1 B. R. 115; s.c. 7 Am. Law Reg. (N. T. B. 49.
6. The bankrupt is not entitled, before the first meeting, to noti tions filed in support of proof of debts before such meeting. - In re son (N.Y. S. D.), 6 I. R. R. 127; s.c. 7 Am. Law Reg. (N.s.) 26.
7. A creditor has a right to serve a notice on the register, protes the proof of certain claims, and requesting to be notified if such claim for proof. — In re J. O. Smith (N.Y. S. D.), 1 B. R. 25.
8. When the validity of a claim is questioned, the register ought evidence offered to support and to impugn it. — In re F. Orne (N.Y R. R. 84, s.c. 2 Pitts. L. J. (N.S.) 613.
9. In proving a debt evidenced by a promissory note, the note duced if called for by the register; but if a judgment has been obt note, the note need not be produced. So, it seems, an assignee ca note to be produced before paying a dividend on it. - In re W. (N.Y. S. D.), 6 I. R. R. 114.
10. A creditor cannot withdraw his proof of a debt, nor a depos port of it, but he may be allowed and required to amend. - In re J. M. Loweree (N.Y. S. D.), 6 I. R. R. 115.
See AMENDMENT, 2; ASSIGNEE, II. 4; EXAMINATION, 9; SECURED CREDITOR, 4.
III. Effect of Proof. Till a creditor has proved his claim, he has no right to be heard. [It does not appear whether the creditor wished to be heard in opposition to the discharge, or in what other part of the proceedings.] — In re H. L. Brisco (D.C.), 2 B. R. 78.
See DISCHARGE, III. 1, 2; EXAMINATION, 9, 10; SALE OF INCUMBERED PROPERTY, 5; SECURED CREDITOR, 3.
RAILROAD. A railroad company is a business corporation within the meaning of $ 37. Rankin v. Florida, Atlantic, & Gulf Central R.R. Co. (Fla. N. D.), 1 B. R. 196; s.c. 1 L. T. B. 85.
See STAY OF PROCEEDINGS, 3.
REFERENCE, ORDER OF. 1. Form 4 is not a special order, but is what G. 0. 5 calls a general order, made by the District Court in the case. — In re J. Bellamy (N.Y. S. D.), 6 I. R. R. 141.
2. Where a petitioner in bankruptcy fails to attend before the register on the day fixed in the order of reference, he may appear on a subsequent day, and proceedings may be begun and carried on without a new order of reference. — In re B. H. Hatcher (Ky. D.), 1 B. R. 91; s.c. 1 L. T. B. 48. See FEES, I. 11, 13-15.
REGISTER. 1. Semble, that in an uncontested case the register to whom the case is referred has all the powers of the District Court in relation thereto, except to commit for contempt. — In re H. Gettleston (Cal. D.), 1 B. R. 170.
2. If one who has been adjudged a bankrupt on his own petition requests the register to receive a surrender of his property, the register is authorized and required to receive the property and safely keep it, till it can be turned over to the assignee. G. O. 13, requiring the marshal to take possession of the property, applies only to cases of involuntary bankruptcy. – In re A. E. Hasbrouck (N.Y. S. D.), 6 I. R. R. 115.
3. The list made by the register under SS 23, 27, Forms 32, 33, is to be given by the register to the assignee. It can be made up from the book which the assignee is by $ 22 to keep. — Anon. (N.Y. S. D.) 1 B. R. 2; 2 B. Ř. 21.
4. The register has power to order an assignee to submit and file the account required by $ 28. If no assets have come to the hands of the assignee, Form 35 is such account. — In re J. Bellamy (N.Y. S. D.), 6 I. R. R. 86; s.c. 1 L. T. B. 22.
5. The register has no authority to sanction a prospective payment by the assignee, unless the matter is specially referred to him; but he may refer a ques
tion as to such prospective payment to the court. — In re B. F. Appold (Pa. E. D.), 1 B. R. 178; s.c. 25 Leg. Int. 180; 7 Am. Law Reg. (p.s.) 624; 1 L. T, B. 83.
See AssIGNEE, I. 12, 13, 15, 17 ; II. 2, 4; ASSIGNMENT, 1; CERTIFYING QUESTIONS, 3, 4; CREDITOR'S PETITION, 3; DISCHARGE, II. 1, 2, 6; III. 4, 5, 11, 13; IV. 7; EXAMINATION, 3, 8, 15-17, 19; Fees, I.; NOTICE, 6; PETITION, 2; PROOF, II. 8, 9; SCHEDULE, 9-11; SUMMONS.
RENT. 1. The assignee may, if it is for the benefit of the bankrupt's estate, be authorized to continue paying the rent for premises demised to the bankrupt. — In re B. F. Appold, note (Pa. E. D.), 1 B. R. 178; s.c. 25 Leg. Int. 180; 7 Am. Law Reg. (N.s.) 624; 1 L. T. B. 83.
2. Goods of the bankrupt remained stored in the building of A., both before and after the appointment of the assignee in involuntary bankruptcy, and until they were sold. It was claimed that the rent accrued, due A. before the appointment of the assignee, should be paid by the marshal and charged in his account. But the court held, that it should be paid by the assignee and charged in his account. — In re F. B. Walton (Mo. E. D.), 1 B. R. 154. See PRIORITY, 2.
RESIDENCE. 1. Proceedings in involuntary bankruptcy must be commenced in the district in which the debtor resides. — In re J. M. Palmer (N.Y. S. D.), 6 I. R. R. 45.
2. A., born in Boston, afterwards acquired a domicile in California. Subsequently he left that State, with no intention of returning there; and, after residing abroad for eleven months, returned to Boston; and, in less than two months after his return, filed his petition in bankruptcy. Held, that on leaving California, with no intention of returning, his domicile of origin revived; that he must be considered as having resided within the District of Massachusetts for the six months preceding the filing of the petition, within the meaning of $ 11; and that therefore the District Court of the District of Massachusetts had jurisdiction. [Citing The Venus, 8 Cranch, 253; The Indian Chief, 3 Rob. 12; Cragie v. Cragie, 3 Curteis, 435; Curtiss's Case, 3 Rob. 21, note (a).] – In re W. S. Walker, Ex parte Wiggin (Mass. D.), 1 B. R. 90; s.c. 1 L. T. B. 38.
3. A person who resides in one district, and is employed as a book-keeper in another district, does not so carry on business in the latter district that he can there be adjudged a bankrupt. [Citing In re Kinsman, 1 N.Y. Leg. Obs. 309.] – In re W. H. Magie (N.Y. S. D.), 1 B. R. 138.
4. B. resided in one district, but acted as agent and attorney for his brother in buying and selling goods in another district, at an office having his brother's name on the sign. He was well known by those who had dealings with him to be doing such business at that office; his compensation was half the profits. Held, that he was carrying on business in this latter district within the meaning of § 11. [Citing In re Kinsman, 1 N.Y. Leg. Obs. 309.]— In re T. Bailly (N.Y. S. D.), 1 B. R. 177.
5. One who twelve months before filing his petition in bankruptcy failed in business and has since continued as a clerk, on a yearly stated salary, with his successors in business up to the time of filing his petition, “ carries on business” in the district in which he has so acted as clerk within the meaning of § 11. — In re W. K. Belcher (N.Y. S. D.), 1 B. R. 202. See ASSIGNEE, I. 9; SCHEDULE, 3, 4.
RULES. — See FORMS; GENERAL ORDERS.
SALE OF INCUMBERED PROPERTY. 1. An assignee may sell real estate, subject to a lien, without an order of the court. - In re J. McClellan (Ky. D.), 1 B. R. 91; s.c. 1 L. T. B. 48.
2. The court can order property of the bankrupt on which there is a lien to be sold free of the lien, the lien being transferred to the proceeds of the sale. — In re L. F. Salmons (Ga. D.), 2 B. R. 19; s.c. 3 Pitts. L. J. (N.s.) 541.
3. The court may order real estate in Louisiana, under mortgage, to be sold free of the mortgage, the mortgagee's lien being transferred to the proceeds of the sale. — In re R. H. Barrow (La. E. D.), 1 B. R. 125; s.c. 1 L. T. B. 63.
4. When mortgaged property is sold, under 20, and the proceeds of the sale are less than the amount due on the mortgage, the creditor has no right to have the difference made up to him in priority of other creditors.—In re P. Purcell (N.Y. S.D.), 2 B. R. 10.
5. A creditor who has not made the deposition as to his debt, cannot apply to the court to have security held by him sold under $ 20. — In re E. Bigelow (N.Y. E. D.), 1 B. R. 186.
6. A bankrupt had given notes on which A. was surety, and had conveyed land to A. in trust if the notes were not paid, that the land should be sold, and the proceeds applied to pay the notes. On the application of the assignee, the court ordered the property to be sold by the assignee; the proceeds to be held subject to the lien of the creditor. — In re T. R. Stewart (Ala. D.), 1 B. R. 42; 8.c. 3 Pitts. L. J. (N.s.) 222; 1 L. T. B. 16.
See ASSIGNEE, III. 4; EXECUTION, 2, 5.
SCHEDULE. 1. A petitioner is required to employ in his schedule and inventory only those forms which are appropriate to his debts and property. He should, however, state why he does not use those forms which he omits. — Anon. (D.C.) 6 I. R. R. 149.
2. G. 0. 14 forbids the use of dots of reference [thus" "] to indicate any thing necessary to be stated in the petition and schedule. — In re F. Orne (N.Y. S. D.), 6 I. R. R. 116.
3. The residence of creditors should be so stated in the schedule as to insure notice to them, either personally or by mail. — In re J. Pulver (N.Y. S. D.), 6 I. R. R. 76.
4. When a debtor states in the schedule that the residence of a creditor is unknown, he should show in the schedule, or in a separate affidavit, what efforts he has made to ascertain the present residence of the creditor, especially where he shows that he had, or has, information as to where the creditor once resided. In re J. Pulver (N.Y. S. D.), 6 I. R. R. 76.
5. A judgment debt, due a firm, may be entered in the schedule either as due to the firm under the firm name, or to the individuals who compose the firm, or the names both of the firm and of the partners inay be given, the first method is the best. — Anon. (D.C.) 6 I. R. R. 149.
6. The court said that a debt should not be entered in the schedule as due to a newspaper, but to the proprietors of a newspaper, and intimated that abbreviations of the names of the residences of creditors, e. g. Mich. for Michigan, N.Y. for New York, ought not to be allowed. — Anon. (N.Y. N. D.) 2 B. R. 53.
7. It is necessary to state in the schedule, whether or not any note has been given, or any judgment rendered, and whether or not any person is liable with the debtor as partner or joint-contractor. — In re F. Orne (N.Y. S. D.), 6 I. R. R. 116.
8. The statement in the schedule of the amount due each creditor is sufficient, whenever the sum and date of the debt or judgment are given; and if the details of place and consideration are not sufficient, they may be made so by amendment. — In re W. D. Hill (N.Y. S. D.), 6 I. R. R. 51.
9. Amendments of the schedule to a petition may, if uncontested, be allowed by the register, and the originals of amendments so allowed are to be filed with the clerk. — In re C. A. Morford (N.Y. S. D.), 6 I. R. R. 12; s.c. 24 Leg. Int. 220.
10. The register can, of his own motion, even after the appointment of an assignee, or the adjournment of the first meeting, order amendments in the bankrupt's schedule; but the order ought to specify particularly the respects in which the schedule is defective. A mere direction that the schedule conform to the notes on the blanks, is not sufficient. - In re F. Orne (N.Y. S. D.), 6 I. R. R. 116.
11. Semble, that the certificate of the register to the correctness in form of the schedule is not conclusive, but that the correctness may be inquired into, when the question is raised at the proper time and in the proper manner and by the proper party. — In re W. D. Hill (N.Y. S. D.), 6 I. R. R. 51.
12. One who does not appear in person, or by duly constituted attorney, and has not proved a debt, has no right to place on file a paper protesting against being named as a creditor in the debtor's schedule. — In re E. Altenhaim (N.Y. S. D.), 6 I. R. R. 117.
See AFTER ACQUIRED PROPERTY, 2; AMENDMENT; First MEETING, 2; INVENTORY ; LIMITATIONS, STATUTE OF, 6; Notice, 2; Petition, 1; SPECIFICATIONS, 9.
SECOND AND THIRD MEETINGS. No second or third meetings need or ought to be called where no assets have come to the hands of the assignee. — In re J. H. Robinson (N.Y. S. D.), 1 B. R. 49; s.c. 1 L. T. B. 25; In re N. A. Son (N.Y. S. D.), 1 B. R. 58; s.c. 3 Pitts. L. J. (N.s.) 242.
See DISCHARGE, I. 3; II. 8, 9; FEES, I. 7-10.
SECURED CREDITOR. 1. The holder of a promissory note on which the bankrupt is liable as indorser, may prove the full amount of the note, without deducting the value of a