In re Heyman

THOMAS, District Judge.

The question for decision is whether a surety may discharge a part of a debt due from a bankrupt, and be at once subrogated pro tanto to the rights of the creditor, and prove his claim against the estate. Section 57, subd. i, provides:

*801“Whenever a creditor, whoso claim against a bankrupt estate is secured by the individual undertaking of any person, fails to prove such claim, such person may do so In the creditor’s name, and if he discharge such undertaking in whole or in part lie shall be subrogated to that extent to the rights of the creditor.”

Rev. St. § 5070…