Legal Opinion

In re Town

District Court, E.D. Michigan

Decided July 1, 1873PublishedCited by 1 opinion

[In the matter of Richard, Maty, and S. R. Town, bankrupts.] In this case the register certified that the assignee’s final report exhibits a balance of one thousand nine hundred and ninety dollars for distribution, and that the debts proved, with interest to March 5, 1869, the date of commencement of proceedings, amounted to one thousand seven hundred and fifty-one dollars and twelve cents, leaving a balance of two hundred and thirty-eight dollars and eighty-eight cents,…

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[In the matter of Richard, Maty, and S. R. Town, bankrupts.] In this case the register certified that the assignee’s final report exhibits a balance of one thousand nine hundred and ninety dollars for distribution, and that the debts proved, with interest to March 5, 1869, the date of commencement of proceedings, amounted to one thousand seven hundred and fifty-one dollars and twelve cents, leaving a balance of two hundred and thirty-eight dollars and eighty-eight cents, which sum the assignee, on behalf of the proving creditors, claims should be applied to the reduction of interest on their…

1Opinion of the Court

By

HOVEY K. CLARKE,

Register:

The right of creditors to interest upon overdue claims is so well established, that the onus of showing an exception to this right is clearly upon the party asserting it So much I feel at liberty to assume. The exception sought to be established is, that in bankruptcy, such a change is wrought in the nature or effect of the obligation, that at the point of adjudication the value of the claim is fixed, and that from this period, however long the actual payment may be delayed, or ample the fund for full payment, no interest can be added. In support of this proposition…

2Cases cited1 opinion

  1. In re MurrayNew York Court of Chancery · 1836

3Cited by1 opinion

  1. Johnson v. NorrisCourt of Appeals for the Fifth Circuit · 1911

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