In re Orne
District Court, S.D. New York
In this case, at an adjourned meeting of tlie creditors of the bankrupt [Freeman Orne], held August 27th, 1867, for the proof of debts and the choice of an assignee, objections were raised by the bankrupt to a proof of debt by Benjamin Pope & Co. The proof was filed with the register, August 7th, 1867, the amount of the claim being 811.512.34, and the consideration an account current for goods, a check, and a draft, and interest on the three items.
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In this case, at an adjourned meeting of tlie creditors of the bankrupt [Freeman Orne], held August 27th, 1867, for the proof of debts and the choice of an assignee, objections were raised by the bankrupt to a proof of debt by Benjamin Pope & Co. The proof was filed with the register, August 7th, 1867, the amount of the claim being 811.512.34, and the consideration an account current for goods, a check, and a draft, and interest on the three items. The bankrupt requested the register to strike out of the amount of the claim all but $2,000, which is the amount of the debt set out in the…
1Opinion of the Court
BLATCHFOB.D, District Judge.
In regard to the interest on the items of the claim, included in the amount proved, I do not understand that the bankrupt claims that the items do not properly carry interest, or that interest would not be recoverable on the principal sums of the items, if the claims were to be put in suit against the bankrupt. The claim merely is, that interest on a matured debt cannot be included in the amount proved against the bankrupt’s estate. The nineteenth section of the bankruptcy act provides, “that all debts due and payable from the bankrupt at the time of the…
2Cited by2 opinions
- Davis v. Louisville Trust Co.Court of Appeals for the Sixth Circuit · 1910
- In re J. C. Ward & Co.District Court, W.D. Tennessee · 1882