Legal Opinion

In re Plaza Music Co.

District Court, S.D. New York

Decided December 12, 1934No. 58097Published

1Opinion of the Court

PATTERSON, District Judge, '-

The question is whether, on nonpayment of notes given under a common-law composition and on subsequent bankruptcy of the debtor, a creditor may prove claim for the unpaid balance of his original claim or only for the unpaid balance due under the composition.

" In the summer of 1932 Plaza Music Co., Inc., was in financial difficulties. It made an offer of composition to creditors. The offer recited the debtor’s hope of continuing in business and “reorganizing” with the creditors’ cooperation, and put to the creditors the proposition of a 50 per cent, settlement,…

2Cases cited16 opinions

  1. Clarke v. WhiteSupreme Court of the United States · 1838
  2. Kromer v. . HeimNew York Court of Appeals · 1879
  3. In re MirkusCourt of Appeals for the Second Circuit · 1923
  4. In re A. B. Carton & Co.District Court, S.D. New York · 1906
  5. National Mount Wollaston Bank v. PorterMassachusetts Supreme Judicial Court · 1877

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