In re Hardin
District Court, D. Maine
[In bankruptcy. In the matter of Herman P. Hardin.) Two questions were certified by Mr. Register Thatcher to the court for decision; (1) Are debts due citizens of Massachusetts and Rhode Island, who have always resided in those states, provable against the estate of the bankrupt, who has always resided in Maine, when such debts are barred by the statute of limitations of that state? (2) Are such debts, when so barred, revived by the bankrupt’s entering them upon his schedule…
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[In bankruptcy. In the matter of Herman P. Hardin.) Two questions were certified by Mr. Register Thatcher to the court for decision; (1) Are debts due citizens of Massachusetts and Rhode Island, who have always resided in those states, provable against the estate of the bankrupt, who has always resided in Maine, when such debts are barred by the statute of limitations of that state? (2) Are such debts, when so barred, revived by the bankrupt’s entering them upon his schedule of liabilities annexed to his petition in bankruptcy?
1Opinion of the Court
FOX, District Judge.
The first question has been carefully examined by Blatchford, J., in Re Ray [Case No. 11,589], and that learned judge in an elaborate opinion, decides that such demands are provable, notwithstanding they would otherwise be barred by the statute of limitations in an action at law. Judge Lowell, upon the same question, in a very able opinion in Re Kingsley [Id. 7,819], holds that such claims are not provable against the estate of the bankrupt.
I have carefully examined the opinions, and I concur in that of Judge Lowell. I do not feel it incumbent on me to do much more than…
2Cited by1 opinion
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