Reitz v. People ex rel. Stark
Illinois Supreme Court
Writ of Error to the Circuit Court of Washington county; the Hon. Amos Watts, Judge, presiding. This was an action of debt upon a guardian’s bond, in which the surety set up, as a defense, a discharge in bankruptcy. The court below decided that the discharge in bankruptcy did not release the surety on the guardian’s bond, and rendered judgment against him, to reverse which judgment he brings the record into this court.
1Opinion of the CourtJustice Scholfield
It is provided by one of the clauses of section 19 of the Bankrupt Law of March 2d, 1867, that, -“in all cases of contingent liabilities contracted by the bankrupt, and not herein otherwise provided for, the creditor may make claim therefor, and have his claim allowed, with the right to share in the dividends, if the contingency shall happen before the order for the final dividend; or he may, at any time, apply to the court to have the present value of the debt or liability ascertained and liquidated, which shall then be done in such manner as the court shall order, and shall be allowed to…
2Cases cited2 opinions
- Jones & Cullom v. KnoxSupreme Court of Alabama · 1871
- Bates v. WestIllinois Supreme Court · 1857
3Cited by4 opinions
- Davis v. McCurdyWisconsin Supreme Court · 1880
- Harmon v. McDonaldMassachusetts Supreme Judicial Court · 1905
- Steele v. GravesSupreme Court of Alabama · 1880
- Paddleford v. StateMississippi Supreme Court · 1879