Sloan v. Lewis
Supreme Court of the United States
Error to the Supreme Court of North Carolina; the case being thus: The Bankrupt Act* enacts that, any person owing debts and committing certain acts, “ Shall be adjudged a bankrupt on the petition of one or more of his creditors, the aggregate of whose debts provable under this act amounts to at least $250.” This enactment being in force, Bell filed a petition in the District Court of the United States of North Carolina, praying that a certain Rhyne might be decreed a…
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Error to the Supreme Court of North Carolina; the case being thus: The Bankrupt Act* enacts that, any person owing debts and committing certain acts, “ Shall be adjudged a bankrupt on the petition of one or more of his creditors, the aggregate of whose debts provable under this act amounts to at least $250.” This enactment being in force, Bell filed a petition in the District Court of the United States of North Carolina, praying that a certain Rhyne might be decreed a bankrupt. The petition alleged, “That your petitioner’s demands against the said Rhyne exceed the sum of $250, and that the…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
The Bankrupt Act * provides for an adjudication of involuntary bankruptcy upon the petition of one or more creditors, the aggregate of whose debts provable under the act amounts to at least $250. It becomes necessary, therefore, to ascertain what constitutes a debt that may be proved. The plaintiff in error contends that it is limited to the principal of a sum of money owing, while the assignee claims that it includes the principal and all accrued interest.
To determine this question we must look in the first place to the act itself. If the…
2Cited by11 opinions
- Bray v. CobbDistrict Court, E.D. North Carolina · 1900
- Huttig Mfg. Co. v. EdwardsCourt of Appeals for the Eighth Circuit · 1908
- Davis v. Louisville Trust Co.Court of Appeals for the Sixth Circuit · 1910
- In re RichterUnited States Bankruptcy Court, C.D. California · 2015
- Ultra Petro Corp v. Ad Hoc ComCourt of Appeals for the Fifth Circuit · 2022
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